A Realist Approach to Copyright Law's Formalities

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Release : 2014
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A Realist Approach to Copyright Law's Formalities - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook A Realist Approach to Copyright Law's Formalities write by Michael W. Carroll. This book was released on 2014. A Realist Approach to Copyright Law's Formalities available in PDF, EPUB and Kindle. Rejecting the conventional story that formalities in copyright law were abolished by the Berne Convention, this Article demonstrates that privately administered systems of formalities play a significant role in the administration of copyright law worldwide. Indeed, they must because copyright is designed to support a transaction structure which requires rightsholders who seek to attract licensing partners to go through some formal step to identify themselves and the works in which they have a legal or beneficial interest. Canvassing the landscape of mandatory and voluntary public and private systems of formalities, this article argues that: (1) national policymakers retain more policy authority under Berne to impose certain formal requirements on rightsholders than those with a formalist understanding of public formalities argue; (2) private systems of formalities are extensive, economically significant, but are not interoperable with each other in many cases and with voluntary registries and other voluntary public formalities systems; and (3) policymakers should use a mix of approaches to improve the functioning of both public and private formalities systems by promoting or requiring transparency, efficiency, and interoperability in their design and administration.

Formalities in Copyright Law

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Release : 2011-01-01
Genre : Law
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Book Rating : 182/5 ( reviews)

Formalities in Copyright Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Formalities in Copyright Law write by Stef van Gompel. This book was released on 2011-01-01. Formalities in Copyright Law available in PDF, EPUB and Kindle. This book examines whether reintroducing copyright formalities is legally feasible. Based on a comprehensive and thorough analysis of copyright formalities, it sets out to establish the extent to which the current copyright system allows for their reintroduction. To this end, the author describes the role and functions of formalities, revisits the history of formalities at the national and international levels, examines the scope of the international prohibition on formalities, and scrutinizes the rationales behind this prohibition, including an in-depth examination of the validity of the argument that copyright is a 'natural right' and therefore should be protected independently of formalities. The author skilfully evaluates and contrasts the conflicting theories according to which formalities, on the one hand, add legal certainty to claims on the ownership of property, and, on the other, hamper individual authors from seeking adequate protection for their works. This book makes an important contribution to legal science by answering questions that so far have been neglected or only marginally addressed. To the degree that current copyright law permits reintroducing formalities, the author posits the specifications that will determine to a great extent what role and functions they may eventually fulfil: depending on the aims to be achieved, lawmakers must choose which types of formalities shall be imposed, and what their legal consequences shall be. This book goes a long way towards reinforcing the foundation for those decisions.

What if we could reimagine copyright?

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Release : 2017-01-09
Genre : Law
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Book Rating : 818/5 ( reviews)

What if we could reimagine copyright? - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook What if we could reimagine copyright? write by Rebecca Giblin. This book was released on 2017-01-09. What if we could reimagine copyright? available in PDF, EPUB and Kindle. What if we could start with a blank slate, and write ourselves a brand new copyright system? What if we could design a law, from scratch, unconstrained by existing treaty obligations, business models and questions of political feasibility? Would we opt for radical overhaul, or would we keep our current fundamentals? Which parts of the system would we jettison? Which would we keep? In short, what might a copyright system designed to further the public interest in the current legal and sociological environment actually look like? Taking this thought experiment as their starting point, the leading international thinkers represented in this collection reconsider copyright’s fundamental questions: the subject matter that should be protected, the ideal scope and duration of those rights, and how it should be enforced. Tackling the biggest challenges affecting the current law, their essays provocatively explore how the law could better secure to creators the fruits of their labours, ensure better outcomes for the world’s more marginalised populations and solve orphan works. And while the result is a collection of impossible ideas, it also tells us much about what copyright could be – and what prescriptive treaty obligations currently force us to give up. The book shows that, reimagined, copyright could serve creators and the broader public far better than it currently does – and exposes intriguing new directions for achievable reform.

Copyright's Arc

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Release : 2020-09-03
Genre : Law
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Book Rating : 429/5 ( reviews)

Copyright's Arc - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Copyright's Arc write by Martin Skladany. This book was released on 2020-09-03. Copyright's Arc available in PDF, EPUB and Kindle. In Copyright's Arc, Martin Skladany rejects a one-size-fits-all copyright regime. Within developed countries, copyright's incentives have spawned multinational corporations that create a plethora of slick, hyped entertainment options that encourage Americans to overconsume, whereas in developing countries, extreme copyright blocks the widespread distribution of entertainment, which impedes women's equality and human rights movements. Meanwhile, moderate copyright in middle-income countries helps foster artistic movements that forge inclusive national identities. Given these conditions, Skladany argues that copyright should vary between countries, following an arc across the development spectrum.

Navigating Copyright for Libraries

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Release : 2022-08-22
Genre : Language Arts & Disciplines
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Book Rating : 106/5 ( reviews)

Navigating Copyright for Libraries - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Navigating Copyright for Libraries write by Jessica Coates. This book was released on 2022-08-22. Navigating Copyright for Libraries available in PDF, EPUB and Kindle. Information is a critical resource for personal, economic and social development. Libraries and archives are the primary access point to information for individuals and communities with much of the information protected by copyright or licence terms. In this complex legal environment, librarians and information professionals operate at the fulcrum of copyright’s balance, ensuring understanding of and compliance with copyright legislation and enabling access to knowledge in the pursuit of research, education and innovation. This book, produced on behalf of the IFLA Copyright and other Legal Matters (CLM) Advisory Committee, provides basic and advanced information about copyright, outlines limitations and exceptions, discusses communicating with users and highlights emerging copyright issues. The chapters note the significance of the topic; describe salient points of the law and legal concepts; present selected comparisons of approaches around the world; highlight opportunities for reform and advocacy; and help libraries and librarians find their way through the copyright maze.