This book comprehensively discusses the effects of digital technology on the way work is disseminated and the resulting challenges concerning the fair use of copyright. It also analyzes so-called fairness by examining theories on the system of fair use, demonstrating the "system changes that will be brought about by technological changes" from the perspective of economics, i.e., the problem of modification faced by the system of fair use of copyright. Exploring the nature and function of fair use and repositioning the fair use system, the book proposes a better design for China's system of limitation on copyright and a readjustment of the copyright system. Lastly, in addition to analyzing the reconfigurations of fair use from an economic standpoint, the book describes in detail the interactions between legal systems and cultures.

Britain is now permanently a multiracial and multicultural society, with a race relations legislative framework. This is an analysis of the contribution made by this legislation to the development of British race relations. The politics of the Race Relations Act 1976, the issues regarding law enforcement and the impact of legislation in British race relations are examined. Contextualising Britain, the book puts the situation in this country within the European Union framework and compares it with the United States. It also looks to the future and makes relevant suggestions to improve the current legislation.

In the last few decades university teaching has been recognised as an activity which can be studied and improved through educational scholarship. In some disciplines this is now well established. It remains emergent in legal education. The field is rich with questions to be answered, issues to be raised. This book provides the first overall review of legal education scholarship. The chapters outline the history of legal education research and provide a detailed analysis of the trends in areas of publication. Beyond this, the book suggests a typology for further conceptualising the field and a series of suggested paths for future research. The book originated from the 2017 UNSW conference "Research in Legal Education: State of the Art?" It features internationally respected authors who bring their perspectives on how legal education - as a field of research - should be conceptualised. The collection is arranged into three themes. First, a historical view is taken of the emergence of legal education scholarship and its roots that predate modern educational theory. Secondly, the book provides overviews of the extant field of publications, highlighting areas of interest and neglect, and delineating the trends in current publication. Thirdly, the book provides a set of suggested typologies for describing legal education research and a series of essays for future directions which both critique current approaches and provide inspiration for future directions. The State of Legal Education Research represents an authoritative introduction to the field, a set of conceptual tools with which to describe it, and inspiration for researchers to expand and grow research into legal education.

This book draws a unique perspective on the regulation of access to clinical trial data as a case on research and knowledge externalities. Notwithstanding numerous potential benefits for medical research and public health, many jurisdictions have struggled to ensure access to clinical trial data, even at the level of the trial results. Pro-access policy initiatives have been strongly opposed by research-based drug companies arguing that mandatory data disclosure impedes their innovation incentives. Conventionally, access to test data has been approached from the perspective of transparency and research ethics. The book offers a complementary view and considers access to individual patient-level trial data for exploratory analysis as a matter of research and innovation policy. Such approach appears to be especially relevant in the data-driven economy where digital data constitutes a valuable economic resource. The study seeks to define how the rules of access to clinical trial data should be designed to reconcile the policy objectives of leveraging the research potential of data through secondary analysis, on the one hand, and protecting economic incentives of research-based drug companies, on the other hand. Overall, it is argued that the mainstream innovation-based justification for exclusive control over the outcomes of research and development can hardly rationalise trial sponsors' control over primary data from trials. Instead, access to such data and its robust analysis should be prioritised.

This book accounts for over 25 of the most influential cases in international sports law, as written by some of the leading authorities in the area. Authors from Europe, the United States, Australia, South Africa, Canada and New Zealand trace the evolution of this emerging discipline of law through an analysis of individual cases, as discussed under a number of key debates and themes in contemporary sports law, including: the "public" nature of legal disputes in sport; player employment mobility litigation; doping and the spirit of sport; TV rights holding proceedings; and enduring themes in sports law such as on-field violence, spectator safety, animal welfare and gender equality. Valuable for sports law academics, arbitrators and practitioners, sports administrators and governing bodies, but also for students (postgraduate and undergraduate) and all those with an interest in international sports law.

With the ongoing evolution of the digital society challenging the boundaries of the law, new questions are arising - and new answers being given - even now, almost three decades on from the digital revolution. Written by a panel of legal specialists and edited by experts on EU Internet law, this book provides an overview of the most recent developments affecting the European Internet legal framework, specifically focusing on four current debates. Firstly, it discusses the changes in online copyright law, especially after the enactment of the new directive on the single digital market. Secondly, it analyzes the increasing significance of artificial intelligence in our daily life. The book then addresses emerging issues in EU digital law, exploring out of the box approaches in Internet law. It also presents the last cyber-criminality law trends (offenses, international instrument, behaviors), and discusses the evolution of personal data protection. Lastly, it evaluates the degree of consumer and corporate protection in the digital environment, demonstrating that now, more than ever, EU Internet law is based on a combination of copyright, civil, administrative, criminal, commercial and banking laws.

This book focuses on intellectual property (IP) in the context of product innovation and design-led start-up management. A distinguished feature is that it analyses innovation-related scenarios within their continuously changing contexts. IP is discussed in relation to the way in which its value changes over time as a venture matures. The book reveals how IP strategies can enhance a start-up's survival prospects and its growth potential if they are connected systematically to other business development attributes. Being mainly addressed to enterprising designers, it may also support business administration programmes, innovation hubs, design educators, incubator managers, as well as business coaches and IP attorneys who support creatives and inventors. All in all, this book offers a unique and timely strategic guidance in the field of design and innovation management. "Design and design rights have long been overlooked in the plethora of studies on the links between IPR and innovation. Matthias Hillner's thoughtful and eloquent journey provides a contemporary and meaningful analysis which will no doubt assist governments, economists, academics and designers' better understanding of design in the context of successful business strategies and IPR. Given design's significant contribution to global economies, I am confident it will offer much needed guidance." Dids Macdonald OBE, founder CEO of Anticopying in Design (ACID) "This is an immensely practical book for designers and entrepreneurs who want to understand the issues of IP, product innovation, and business development. With clear explanations, many vivid examples, and strategically useful tips, it will be a valuable resource for creative minds at all levels of experience. A serious book but written with a sensitive touch on how to protect new ideas." Richard Buchanan, Professor of Design, Management, and Innovation, Weatherhead School of Management, Case Western Reserve University

This book focusses on the debates concerning aspects of intellectual property law that bear on access to medicines in a set of developing countries. Specifically, the contributors look at measures that regulate the acquisition, recognition, and use of patent rights on pharmaceuticals and trade secrets in data concerning them, along with the conditions under which these rights expire so as to permit the production of cheaper generic drugs. In addition, the book includes commentary from scholars in human rights, international institutions, and transnational activism. The case studies presented from 11 Latin American countries, have many commonalities in terms of economics, legal systems, and political histories, and yet they differ in the balance each has struck between proprietary interests and access concerns. The book documents this cross-country variation in legal norms and practice, identifies the factors that have led to differences in result, and theorizes as to how differentials among these countries occur and why they endure within a common transnational regulatory regime. The work concludes by putting the results of the investigations into a global administrative law frame and offers suggestions on institutional mechanisms for considering the trade-offs between health and wealth.

Europe is ageing. However, in many European countries, and in almost all fields of life, older persons experience discrimination, social exclusion, and negative stereotypes that portray them as different or a burden to society. This pivotal book is the first of its kind, providing a rich and diverse analysis of the inter-relationships between ageing, ageism and law within Europe. Throughout the book - which builds on a European Cooperation in Science & Technology (COST) action - leading scholars offer theoretical and empirical analysis in order to discern the role European law plays in perpetuating and combating ageism. Including specific examples of how stereotypes and prejudices influence and shape the European legal system, the book contributes to the broader current global social movement towards advancing a new international human rights convention for older persons. Timely and engaging, this book will appeal to students and scholars of law, sociology, public policy and a wide range of related fields including gerontology, human rights, and health-studies. Practitioners, policy-makers, civil society organizations and senior citizens activists will also benefit from the insights into the socio-legal aspects of social policies and human rights of older persons. Contributors include: P. de Hert, M. De Pauw, I. Doron, N. Georgantzi, A. Gur, R. Harding, E. Mantovani, T. Mattsson, B. Mikolajczyk, A. Numhauser-Henning, G. Quinn, P. Quinn, B. Spanier, B. Sleap, J. Watson

This book provides an in-depth analysis of the unique structure of the Nigerian popular music industry. It explores the dissonance between copyright's thematic support for creative autonomy and the practical ways in which the law allows singer-songwriters' (performing authors') creative autonomy to be subverted in their contractual relationships with record labels. The book establishes the concept of creative autonomy for performing authors as a key criterion for sustainable economic development, and makes innovative legal and policy recommendations to help stakeholders preserve it.

This unique guidebook presents a comprehensive analysis of the new Americans with Disabilities Act (ADA), the most significant federal civil rights law in almost 30 years, and its impact on over four million American businesses, state and local governments, nonprofit associations, 87 percent of America's private sector jobs, and 22.7 million working-age people with disabilities.

Written by two Washington-based experts on the new federal mandate, the book relies on extensive interviews with federal officials and the expert opinion of business leaders, leaders in the disability community, and the authors of the legislation. Fersh and Thomas provide a clear analysis of the final federal regulations and their implications for businesses, nonprofit associations, state and local governments, and managers and employers who need to make modifications to physical barriers in places of public accommodation, such as stores and restaurants, and in barriers to equal employment in the workplace. The book uses case histories and Congressional reports and testimony to illustrate new employment procedures--from applications, testing, and insurance benefits to job descriptions, reasonable accommodation, and new rights in telecommunications and public ground transportation. The social, legislative, and economic history that led to the laW's enactment is illustrated through photographs and 18 tables. Included are specific guidelines on how to interview and work with people with disabilities, containing specific sections on people who use wheelchairs, and people with mental retardation, cerebral palsy, epilepsy, hearing and visual impairments, AIDS, speech impairments, learning disabilities, and mental illness. Also featured are how to sections for developing a compliance plan, implementing reasonable accommodation, and how to create an ADA awareness program for employees. The book explores the successful use of workers with disabilities in companies over the last twenty years, and the high costs of unemployment among working-age people with disabilities in tax revenues and lost productivity. Leaders and experts, such as I. King Jordan, Ph.D., president of Gallaudet University, provide short articles on their perspective of the ADA.

Embryo research, cloning, assisted conception, neonatal care, pandemic vaccine development, saviour siblings, organ transplants, drug trials - modern developments have transformed the field of medicine almost beyond recognition in recent decades and the law struggles to keep up. In this highly acclaimed and very accessible book Margaret Brazier, Emma Cave and Rob Heywood provide an incisive survey of the legal situation in areas as diverse as fertility treatment, patient consent, assisted dying, malpractice and medical privacy. The seventh edition of this book has been fully revised and updated to cover the latest cases, Brexit-related regulatory reform and COVID-19 pandemic measures. Essential reading for healthcare professionals, lecturers, medical and law students, this book is of relevance to all whose perusal of the daily news causes wonder, hope and consternation at the advances and limitations of medicine, patients and the law. -- .

This book introduces "biolaw" as an integrated and distinct field in contemporary legal studies. Corresponding to the legal dimension of bioethics, the term "biolaw" is already in use in academic and research activities to denote legal issues emerging mostly from advanced technological applications. This book is a genuine attempt to rationalize the field of biolaw after almost four decades of continuous production of relevant legislation and judgments worldwide. This experience is a robust basis for defending a) a separate legal object, covering the total of legal norms that govern the management of life as a natural phenomenon in all its possible forms, and b) an "evolutionary" approach that opens the discussion on a future conciliation of legal regulation with the Theory of Evolution on the ground of biolaw.

With digital technologies blurring media boundaries, this book provides a detailed analysis of how the Internet is producing a convergence of the press, audio-visual and online media. Based on extensive empirical analysis, the authors analyse over 25 years of changes to media forms and expose the reality behind the notion that media convergence is inevitable and inexorable. Peter Humphreys and Seamus Simpson break new ground through exploring a diverse range of topics at the heart of the media convergence governance debate, such as next generation networks, spectrum, copyright and media subsidies. They highlight how reluctance to accommodate non-market based policy solutions creates conflicts and problems resulting in only shallow media convergence thus far. Highly accessible, this book is a valuable read for undergraduate and masters students researching digital media and communications. With guidance on a series of policy directions and innovations that should be developed to fulfil the promise of media convergence, it is also a vital tool for media and communication practitioners and policy makers.

Nearly 50 years ago a California court heard a complaint from a recent high school graduate who alleged that he could not read at a level that would allow him to apply for, let alone hold, a meaningful job. He asserted that the public school district was negligent and that his prospects for a productive life were diminished by their negligence. The court disagreed and educational malpractice was cast outside the schoolhouse gate and an educational malpractice wall was erected. In sum, both federal and state courts have constructed a sturdy wall against the recognition of educational malpractice lawsuits. However, recent advances in research on instruction, statistical analyses that some have argued can identify substandard teaching, may have cracked the wall. Thus, confluence of events may lead to demolishing the educational malpractice wall constructed over the past half century. The authors of Raising a Cautionary Flag: Educational Malpractice and the Professional Teacher, explore the judicial reticence to recognize educational malpractice as a viable tort of negligence. They review the concept of what constitutes a professional, what is malpractice and how is it related to the professional malpractice of physicians and attorneys, and the potential responses to education malpractice. They conclude by raising a cautionary flag about breaching the judicial wall.

This book considers contested responsibilities between the public and private sectors over the use of online data, detailing exactly how digital human rights evolved in specific European states and gradually became a part of the European Union framework of legal protections. The author uniquely examines why and how European lawmakers linked digital data protection to fundamental human rights, something heretofore not explained in other works on general data governance and data privacy. In particular, this work examines the utilization of national and European Union institutional arrangements as a location for activism by legal and academic consultants and by first-mover states who legislated digital human rights beginning in the 1970s. By tracing the way that EU Member States and non-state actors utilized the structure of EU bodies to create the new norm of digital human rights, readers will learn about the process of expanding the scope of human rights protections within multiple dimensions of European political space. The project will be informative to scholar, student, and layperson, as it examines a new and evolving area of technology governance - the human rights of digital data use by the public and private sectors.

This book analyses the features and functionality of the relationship between the law, individual or collective values and medical-scientific evidence when they have to be interpreted by judges, courts and para-jurisdictional bodies. The various degrees to which scientific data and moral values have been integrated into the legal discourse reveal the need for a systematic review of the options and solutions that judges have elaborated on. In turn, the book presents a systematic approach, based on a proposed pattern for classifying these various degrees, together with an in-depth analysis of the multi-layered role of jurisdictions and the means available to them for properly handling new legal demands arising in plural societies. The book outlines a model that makes it possible to focus on and address these issues in a sustainable manner, that is, to respond to individual requests and technological advances in the field of biolaw by consistently and effectively applying suitable legal instruments and jurisdictional interpretation.

The push towards greater autonomy is one of the three main trends in every modern educational policy, alongside quality assurance and quality evaluation techniques and the need to devote attention to special a" and often disadvantaged a" target groups. It is, however, difficult to derive a unified concept of autonomya (TM) from the comparative indicators which are published on a regular basis and it has emerged that there are significant differences depending on the specific area and the administrative organisation of education in the country in question. During the discussions of the annual Congress of the European Association for Education Law and Policy (ELA) in Salzburg (1998) it was apparent that autonomy has to be considered in its various applications.

Autonomy for school boards is realised through management, administrative mechanisms, management of staff and pedagogical options. Autonomy of administration requires competence, the willingness to establish an autonomous administration and awareness of each partya (TM)s responsibility in the educational process.

The contents of this Yearbook are an answer to the question of how legislatures are responding to the trend towards greater responsibility, decentralisation and autonomy. It is an overview of the efforts made by the Member States of the European Union to apply the principle of subsidiarity.

The aim of this book is to delve into the impact of the Information and Communications Technologies in the criminal prevention and investigation, by addressing the state of the art of different measures and its implementation in different legal systems vis a vis the protection of human rights. Yet this research not only pursues a diagnostic goal but furthermore aims at providing a reconstruction of this problematic area in light of modern, human rights-oriented notion of criminal justice. This broadens the scope of this investigation, which encompasses both unprecedented safeguards to traditional, or anyway widely recognized individual rights and the emergence of new rights, such as the right to informational self-determination, and the right to information technology privacy. The book addresses the problems and potentials in the areas of criminal prevention and criminal investigation, taking into account that due to electronic surveillance and the progress in the use of big data for identifying risks, the borders between preventive and investigative e-measures is not clear-cut.

This book provides a set of proposals for the new conceptual network required in order to establish civil law rules for a world permeated by Artificial Intelligence. These proposals are intended by their authors to push the debate on the new civil law forward. In spite of the natural conservatism of jurists, some innovative or even futuristic ideas are called for, also because the future, even this not-so-distant one, is difficult to foresee. Paradoxically, and unlike in the past, this lack of knowledge must not stop us from planning. If it does, humankind may, as some pessimists already claim, lose its chance to win the battle for control of the world. The rise and expansion of Artificial Intelligence and robotics in recent years has highlighted a pressing need to create a suitable legal framework for this new phenomenon. The debate on the subject, although wide-ranging and involving many new legal documents, is still quite general and preliminary in nature, although these preparatory works illustrate the very real need to develop appropriate new civil law arrangements. It is exactly the branch of private law where the necessity of these new rules appears to be the most imperative. Autonomous vehicles, medical robots, and expertise software raise fundamental questions on aspects of civil liability such as culpability; whereas the growth in popularity of automated, intelligent software systems for concluding contracts requires a new approach to many fundamental and deeply rooted elements of contract law, e.g. consciousness, intent, error, deception, interpretation of contracts and good faith. Ruling on these specific matters demands the identification and clarification of certain key points, which shall become the foundation for constructing AI/robot civil law.

Health is a matter of fundamental importance in European societies, both as a human right in itself, and as a factor in a productive workforce and therefore a healthy economy. New health technologies promise improved quality of life for patients suffering from a range of diseases, and the potential for the prevention of incidence of disease in the future. At the same time, new health technologies pose significant challenges for governments, particularly in relation to ensuring the technologies are safe, effective, and provide appropriate value for (public) money. To guard against the possible dangers arising from new health technologies, and to maximize the benefits, all European governments regulate their development, marketing, and public financing. In addition, several international institutions operating at European level, in particular the European Union, the Council of Europe, and the European Patent Office, have become involved in the regulation of new health technologies. They have done so both through traditional 'command and control' legal measures, and through other regulatory mechanisms, including guidelines, soft law, 'steering' through redistribution of resources, and private or quasi-private regulation. This collection analyses European law and its relationships with new health technologies. It uses interdisciplinary insights, particularly from law but also drawing on regulation theory, and science and technology studies, to shed new light on some of the key defining features of the relationships and especially the roles of risk, rights, ethics, and markets. The collection explores the way in which European law's engagement with new health technologies is to be legitimized, and discusses the implications for biological or biomedical citizenship.

The risk of athletes sustaining concussion while participating in professional team sports raises two serious concerns both nationally and internationally. First, concussion in sport carries a public health risk, given that injured athletes may have to deal with significant long-term medical complications, with some of the worst cases resulting in Chronic Traumatic Encephalopathy (CTE). Secondly, sports governing bodies are now exposed to the risk of financial and reputational damage as a consequence of legal proceedings being filed against them. A good example of this, among many other recent examples, is the case of the United States of America's National Football League (NFL), the governing body for American football, which, in 2015, committed to pay US$ 1 billion to settle the class action filed by its former professional players. This book examines how to most efficiently reduce these public health and legal risks, and proposes a harmonised solution across sports and legal systems.

Recent years have seen increased interest in international philanthropy and cross-border charitable giving. A new generation of high-net-worth individuals, keen to dedicate part of their wealth to philanthropic purposes, and an increasingly global charitable landscape raise a range of complex issues. What is a 'charity'? Does that definition vary from one jurisdiction to another? Are domestic charities taxed differently to foreign organizations? Written by a team of experts from around the world, International Charitable Giving provides a detailed and much-needed treatment of the interaction between the various legal systems at play in this complicated area of the law. By untangling the many issues facing practitioners, it facilitates clear and comprehensive advice to donors and recipients alike. The book provides a comprehensive picture of the most important issues relevant to charitable giving and philanthropy worldwide, including taxation, issues surrounding money laundering and terrorist financing, and the role of EU Law. Alongside a thorough discussion of the broader issues impacting on charitable donation, the book includes a range of chapters on specific national legal systems, including Switzerland, Israel, and Hong Kong, as well as a chapter on Islamic Law. Each of the jurisdictions has been selected because of its tradition of charitable giving and relevance to the transfer of charitable monies internationally, as well as its importance in relation to the jurisprudence in the field. Expertly written, these chapters provide a detailed survey of the laws, regulations, and policies governing charities and their activities in the relevant jurisdiction, together with an examination of the procedures to be followed for tax-efficient transborder charitable giving.

"As esports has grown, the need for professional legal representation has grown with it. Justin's Essential Guide to the Business & Law of Esports & Professional Video Gaming provides a great baseline and will help prevent the legal horror stories of esports in the past." Mitch Reames, AdWeek and Esports Insider "Justin's exploration of the business and law side of the esports sector fills a gap of knowledge that is an absolute necessity in truly understanding the esports space." Kevin Hitt, The Esports Observer The Essential Guide to the Business & Law of Esports & Professional Video Gaming covers everything you need to know about the past, present, and future of esports and professional video gaming. The book is written by one of the foremost attorneys and business practitioners in today's esports and professional gaming scene, Justin M. Jacobson, Esq. This guide is meant to provide you with an in-depth look at the business and legal matters associated with the esports world. * Includes coverage of the stakeholders in the esports business "ecosystem," including the talent, the teams, the publishers, and the event organizers. * Explores various legal fields involved with esports, including intellectual property, employment and player unions, business investments and tax "write-offs," immigration and visas, event operation tips, social media and on-stream promotions, and much more. * The most current book on the market, with actual contract provisions modeled on existing major esports player, coach, shoutcaster, and sponsorship agreements. About the Author Justin M. Jacobson, Esq. is an entertainment and esports attorney located in New York City. For the last decade, he has worked with professional athletes, musicians, producers, DJs, record labels, fashion designers, as well as professional gamers, streamers, coaches, on-air talent, and esports organizations. He assists these creative individuals with their contract, copyright, trademark, immigration, tax, and related business, marketing, and legal issues. He is a frequent contributor to many industry publications and has been featured on a variety of entertainment, music, and esports publications and podcasts, including Business Insider, The Esports Observer, Esports Insider, Tunecore, and Sport Techie. Justin has positioned himself as a top esports business professional working with talent in a variety of franchise leagues including the Overwatch League, Overwatch Contenders, and Call of Duty Pro League as well as in many popular competitive titles such as Fortnite, CS:GO, Gears of War, Halo, Super Smash Brothers, Rainbow 6, PUBG, Madden, and FIFA and mobile games such as Brawlhalla, Clash of Clans, and Call of Duty mobile. Previously, he worked with various esports talent agencies as well as in an official capacity on behalf of several esports teams and brands.