An updated guide to Canadian copyright law for an age of reckless infringement

This fourth edition of "Canadian Copyright Law" brings you the latest updates according to new Canadian legislation and international agreements. Copyright infringement has always been an invisible crime. Now with near-constant access to the Internet and the mainstream explosion of digital formats, copyright is one of the most important issues for creative professionals, consumers of that media, and those who work in related industries. The line between what is protected and what is "free" is blurring further, and the copyright issues are more complex than ever. Provides a complete update on copyright issues relating to digital media.Takes the convoluted legal jargon of the Canadian Copyright Act and sets it out in everyday language. Provides concrete examples to offer further clarification of complicated matters.

Whether you are a creator or user of copyright material, "Canadian Copyright Law" will keep you current on copyright law in Canada and its applications to your situation--to protect your creations, content, and products in these rapidly changing markets.

Are innovation and creativity helped or hindered by our intellectual property laws? In the two hundred plus years since the Constitution enshrined protections for those who create and innovate, we're still debating the merits of IP laws and whether or not they actually work as intended. Artists, scientists, businesses, and the lawyers who serve them, as well as the Americans who benefit from their creations all still wonder: what facilitates innovation and creativity in our digital age? And what role, if any, do our intellectual property laws play in the growth of innovation and creativity in the United States?
Incentivizing the "progress of science and the useful arts" has been the goal of intellectual property law since our constitutional beginnings. "The Eureka Myth" cuts through the current debates and goes straight to the source: the artists and innovators themselves. Silbey makes sense of the intersections between intellectual property law and creative and innovative activity by centering on the stories told by artists, scientists, their employers, lawyers and managers, describing how and why they create and innovate and whether or how IP law plays a role in their activities. Their employers, business partners, managers, and lawyers also describe their role in facilitating the creative and innovative work. Silbey's connections and distinctions made between the stories and statutes serve to inform present and future innovative and creative communities.
Breaking new ground in its examination of the U.S. economy and cultural identity, "The Eureka Myth" draws out new and surprising conclusions about the sometimes misinterpreted relationships between creativity and intellectual property protections.

Digital Pirates examines the unauthorized creation, distribution, and consumption of movies and music in Brazil. Alexander Sebastian Dent offers a new definition of piracy as indispensable to current capitalism alongside increasing global enforcement of intellectual property (IP). Complex and capricious laws might prohibit it, but piracy remains a core activity of the twenty-first century. Combining the tools of linguistic and cultural anthropology with models from media studies and political economy, Digital Pirates reveals how the dynamics of IP and piracy serve as strategies for managing the gaps between texts-in this case, digital content. Dent's analysis includes his fieldwork in and around Sao Paulo with pirates, musicians, filmmakers, police, salesmen, technicians, policymakers, politicians, activists, and consumers. Rather than argue for rigid positions, he suggests that Brazilians are pulled in multiple directions according to the injunctions of international governance, localized pleasure, magical consumption, and economic efficiency. Through its novel theorization of "digital textuality," this book offers crucial insights into the qualities of today's mediascape as well as the particularized political and cultural norms that govern it. The book also shows how twenty-first century capitalism generates piracy and its enforcement simultaneously, while producing fraught consumer experiences in Latin America and beyond.

Protection for intellectual property has never been absolute; it has always been limited in the public interest. The benefits of intellectual property protection are meant to flow to everyone, not just a limited population of creators and the corporations that represent them. Given this social-utility function, intellectual property regimes must address issues of access, inclusion, and empowerment for marginalized and excluded groups. This handbook defines an approach to considering social justice in intellectual property law and regulation. Top scholars in the field offer surveys of social justice implementation in patents, copyright, trademarks, trade secrets, rights of publicity, and other major IP areas. Chapters define Intellectual Property Social Justice theory and include recommendations for reforming aspects of IP law and administration to further social justice by providing better access, more inclusion, and greater empowerment to marginalized groups.

Copyright law's history is one of continuous evolution in the face of technological change. But arguably no prior technological change has impacted copyright with a magnitude comparable to the development of the Internet. Never before has there been such widespread and immediate access to such a broad array of creative works; never before have content creators ranging from individuals to large corporations -- been able to reach a global audience so effortlessly and inexpensively; and never before has it been possible for members of the public to create, transform or distribute multiple perfect copies of works seamlessly, without regard to national borders. How to retain a meaningful copyright system that continues to drive the production of creative works while at the same time preserving the innovative power of the Internet and the free flow of information are questions at the forefront of today's policy debate. As a broadening array of creators continue to express themselves and share their valuable works with the world, and as the Internet continues to grow in economic, social and cultural relevance, the importance of these questions will only be heightened. The industries that rely on copyright are today an integral part of the U.S. economy, accounting for millions of jobs and contributing billions of dollars to the GDP Moreover, the creative content they produce contributes to the development of the broader Internet economy, spurring the creation and adoption of innovative distribution technologies. Not only do these industries make important economic contributions, they are at the core of our cultural expression and heritage. It is no exaggeration to say that U.S. music, movies, television shows, computer software, games, writings and works of art have changed the world. This book provides a lens through which to assess current policy related to copyright and the Internet, identifying important issues that are being addressed by the courts and those that are ripe for further discussion and development of solutions.

This book provides an overview of the current debate over whether a holder of a patent essential to an industry standard, who has promised to license such patented technology on fair, reasonable, and non-discriminatory (FRAND) terms, may nevertheless obtain an injunction from a federal court or an exclusion order from the International Trade Commission against infringing products that implement the industry standard. The book first summarises several fundamental principles of patent law, then discusses the relationship between standard-setting organisations and FRAND licensing. It continues with an explanation of the role and duties of the International Trade Commission (ITC) and how there are different legal standards that apply to the award of injunctive relief in federal courts and in the ITC. Also discussed are the recent developments relating to standard-essential patents and FRAND licensing that have occurred in federal agencies responsible for antitrust enforcement, ITC cases, and congressional hearings.

Many disciplines are relevant to combating climate change. This challenging book draws together legal, regulatory, geographic, industrial and professional perspectives and explores the role of technologies in addressing climate change through mitigation, adaptation and information gathering. It explores some key issues. Is intellectual property part of the solution, an obstacle to change or peripheral? Are there more important questions? Do they receive the attention they deserve? And from whom? This innovative book will play an important role in stimulating holistic discussion and action on an issue of key importance to society.Environmental Technologies, Intellectual Property and Climate Change will appeal strongly to scholars researching IP and climate change, as well as to a range of professionals including venture capitalists, practising lawyers working in IP, environmental and corporate finance law, activists within both climate change and human rights, and policymakers.Contributors: A.E.L. Brown, K. Culver, A. Davies, N.S. Ghaleigh, M.D. Jones, K. Kulovesi, D.A. McGrory, J. McLean, E. Morgera, O. Onazi, J.P. Santamauro, K.R. Srinivas, B. Tuncak

Innovation protected by Intellectual Property (IP) rights is key to creating new jobs and growing exports. Innovation has a positive pervasive effect on the entire economy, and its benefits flow both upstream and downstream to every sector of the U.S. economy. Intellectual Property is not just the final product of workers and companies -- every job in some way, produces, supplies, consumes, or relies on innovation, creativity, and commercial distinctiveness. Protecting our ideas and IP promotes innovative, open, and competitive markets, and helps ensure that the U.S. private sector remains America's innovation engine. This book attempts to identify the first-order players that are growing IP in the U.S. economy and protecting their innovations through patents, trademarks, or copyrights. These IP-intensive industries support tens of millions of jobs and contribute several trillion dollars to our GDP, and represent the leading edge of our economy that is built on the ingenuity of the American people.

Technological developments related to the Internet benefit consumers who want convenient ways to view and hear information and entertainment content on a variety of electronic devices. The global nature of the Internet offers expanded commercial opportunities for intellectual property (IP) rights holders but also increases the potential for copyright and trademark infringement. Piracy of the content created by movie, music, and software companies and sales of counterfeit pharmaceutical drugs and consumer products negatively impact the American economy and can pose risks to the health and safety of U.S. citizens. This book discusses legislative approaches to online piracy and copyright infringement.

This book examines the Golan v. Holder Supreme Court Case, which discussed whether Congress has the power to grant copyright protection to creative works that have already entered the public domain. A group of orchestra conductors, educators, performers, film archivists, and motion picture distributors, who had relied on the free and unrestricted availability of these artistic works in the public domain for their livelihoods, filed a lawsuit against the federal government challenging the constitutionality of the URAA.

Within the open innovation paradigm, firms need to operate efficiently in markets for technology. This book presents original research on technology transactions, market intermediaries and, specifically, the role of auctions as a novel transaction model for patented technologies. Frank Tietze delivers an in-depth discussion of the impact of empirical results upon transaction cost theory, and in so doing, provides the means for better understanding technology transaction processes in general, and auctions in particular. Substantiating transaction cost theory with empirical auction data, the author goes on to explore how governance structures need to be designed for effective distributed innovation processes. He concludes that the auction mechanism is a viable transaction model, and illustrates that the auction design, as currently operated by market intermediaries, requires thorough adjustments. Various options for possible improvements are subsequently prescribed. The theoretical facets of this book will strongly appeal to business economists, while its practical implications will provide an illuminating read for both academics and practitioners in the fields of innovation and intellectual property. Revealing empirically substantiated technology prices, this book will also prove to be of great interest to policy makers for further developing the markets for technology.

Intellectual property rights (IPR) infringement in China reduces market opportunities and undermines the profitability of U.S. firms when sales of products and technologies are undercut by competition from illegal, lower-cost imitations. Intellectual property (IP) is often the most valuable asset that a company holds, but many companies, particularly smaller ones, lack the resources and expertise necessary to protect their IP in China. "Indigenous innovation" policies, which promote the development, commercialisation and purchase of Chinese products and technologies, may also be disadvantaging U.S. and other foreign firms and creating new barriers to foreign direct investment and exports to China. In this book, the U.S. International Trade Commission describes the principal types of reported IPR infringement in China, as well as Chinese indigenous innovation policies.

This book explores the transmission of copyrighted sound recordings to the public by over-the-air AM/FM radio stations which is an activity that implicates the right of public performance under the Copyright Act. However, under current law, terrestrial radio broadcasters who play copyrighted music need only compensate songwriters for the performance of their musical compositions and not the holders of the copyright in the sound recording. Sound recording copyright holders assert that there is no justifiable reason for the copyright law to treat sound recordings differently from other categories of performable copyrighted works. They maintain that recording artists deserve to be fairly compensated by broadcast radio for public performance of their works just as songwriters and music publishers are currently being paid for such activity.

Multi-Sided Music Platforms and the Law explores the legal and regulatory frameworks surrounding copyright protection, competition and privacy concerns arising from the way multi-sided platforms use copyright-protected content in digital advertising. This book suggests how stakeholders in Africa, and their advisors, may ingenuously reform and apply various legal and regulatory frameworks to address these issues which arise from the manner in which multi-sided platforms use copyright-protected content in digital advertising. The book critically engages with the regulatory efforts in other jurisdictions, particularly the EU, with a view to bringing an African perspective to the debate and practice. It undertakes a consideration of this issue by asking how multi-sided platforms may be deployed in a manner that continues innovative uses of copyright content while protecting the economic freedom of African copyright owners as small businesses. Providing the first pro-Africa approach to the regulation of multi-sided platforms, particularly with reference to music, this book focuses on key aspects of digital commercial activity and highlights the main challenges and opportunities for its regulation. It will be of interest to lawyers, policymakers and students across Nigeria, South Africa, and internationally among the African Union, European Union and beyond. .

This book provides background on intellectual property rights (IPR) and discusses the role of U.S. international trade policy in enhancing IPR protection and enforcement abroad. IPR are legal rights granted by governments to encourage innovation and creative output by ensuring that creators reap the benefits of their inventions or works, and they may take the form of patents, trade secrets, copyrights, trademarks or geographical indications. U.S. industries that rely on IPR contribute significantly to U.S. economic growth, employment, and trade with other countries. Counterfeiting and piracy in other countries may result in the loss of billions of dollars of revenue for U.S. firms as well as the loss of U.S. jobs.

Congressional interest in patent reform has increased as the patent system becomes more significant to U.S. industry. Patent ownership is perceived as an incentive to the technological advancement that leads to economic growth. Yet, this augmented attention to patents has been accompanied by persistent concerns about the fairness and effectiveness of the current system. Several studies, including those by the National Academy of Sciences and the Federal Trade Commission, recommended reform of the patent system to address perceived deficiencies in the operation of the patent regime. This book provides an overview of current patent reform issues including a summary of the structure of the current patent system and the role of patents in innovation policy. Also discussed are patent quality, the high costs of patent litigation, international harmonisation, and speculation in patents, which have motivated the reform proposals.

"This book is a classic... its style and content remain invaluable." Entertainment Law Review This is the new edition of a unique book about intellectual property. It is for those new to the subject, both law students and others such as business people needing some idea of the subject. It provides an outline of the basic legal principles, educating the reader as to the shape of the law. Critically, it also gives an insight into how the system actually works. You cannot understand chess by merely learning the rules - you also have to know how the game is played: so too with intellectual property. The authors deliberately avoid technicalities: keeping things simple, yet direct. There are no footnotes to distract. Although cases are, inevitably, referred to, they are explained in a pithy, accessible manner. All major areas of IP - patents, trade marks, copyright and designs - are covered, along with briefer treatment of other rights and subjects such as breach of confidence, plant varieties and databases. A novice reader should come away both with a clear outline of IP law and a feeling for how it works. Students will be able to put their more detailed study into perspective. Users will be able to understand better how IP affects them and their businesses.

In the modern era where the rise of the knowledge economy is accompanied, if not facilitated, by an ever-expanding use of intellectual property rights, this timely book provides a much needed explanation to the relationship between intellectual property law and human rights law. The contributors promote the view that this relationship should be central to the analysis of many of the profound problems that nation states and the international community encounter today, be they scientific, technological or cultural. The book is divided into sections covering the law and its trends, IP rights as human rights and human rights as restrictions to IP rights. This stimulating book will appeal to academics, postgraduate students, national and international public authorities and those involved with international organizations in the fields of intellectual property law and human rights law.

This volume fills an important need for understanding about the interplay between China's intellectual property protection system and the potential for innovation in China's economy. Using examples from the pharmaceutical and biotech industries, the author suggests that, despite the widely documented challenges facing China's IPR protection system, the system has a demonstrable effect on innovation. The author suggests that China's patent system promotes innovation through economic incentives, soft factors of public encouragement, and intentional development strategies. This book is also useful as an overview of China's biotech and pharmaceutical sectors, offering a range of richly detailed case studies on China's industrial development strategies in these sectors. A number of important patent disputes between Chinese and foreign companies are also examined to useful effect. In the highly contentious policy world of intellectual property protection and pharmaceutical and biotech industry development, the volume offers a refreshing combination of detail and insight.'uPitman B. Potter, University of British Columbia, Canada'Yahong Li's pioneering study, Imitation to Innovation in China, breaks new ground in closely examining the extent to which the Chinese government's patent policies and patent activity by Chinese firms are influencing China's coming transformation from an imitation-oriented country to an innovation-oriented one. Her combination of theoretical and empirical approaches exploring the links between public policy, patenting activity and technological innovation (commercialization) is an important contribution to development studies, not just for China but for other newly innovative countries as well.'uWilliam O. Hennessey, Franklin Pierce Law Center, USA Following decades in which China's approach to technology has been to imitate, the country is now transforming itself to become innovation-oriented. This pioneering study examines whether patents play as similar a role in promoting innovation in China as they do in the West, exploring the interplay between patents and China's biotechnology and pharmaceutical industries in particular. The author argues for a stronger patent regime based on an extensive review of the technological capacity, R&D models, patent filings and litigations, and issues in patent law, which involve China's biotechnology and pharmaceutical industries. By comparing China with other developing countries and analyzing China's uniqueness in terms of its development stage, technological capacity and the strengths and weaknesses in its patent system, the author concludes that China is distinguished from the prevailing view that patents play a limited role in innovation in developing countries. The book also discusses whether and how patents can promote innovation in China's biotechnology and pharmaceutical industries, based on the study of market scale, R&D capacity, innovation model and patent legislation and cases.

Das Urheberrecht als Teil des geistigen Eigentums gewinnt im Rahmender nationalen und internationalen Marktordnung zunehmend an kultureller und wirtschaftlicher Bedeutung. Die effektive Durchsetzung des Urheberrechts in der Praxis obliegt nicht nur den Unternehmen in der Kulturindustrie, den Rechtsanw�lten und Staatsanw�lten, sondern die Gerichte tragen wesentlich zur rechtspolitischen Umsetzung der urheberrechtlichen Ziele bei. Dem Bundesgerichtshof ist dabei eine grundlegende Aufgabe �bertragen worden. Anhand von ca. 100 Entscheidungen des BGH und Kurzkommentierungen werden rechtspolitische bzw. dogmatische Probleme des Urheberrechtsund f�r deren Rechtsanwendung dargelegt. Da das nationale Urheberrecht besonders im Fokus der europ�ischen Richtlinienpolitik steht, sind f�r den BGH ebenso die Entscheidungen des EuGH und des BVerfG zum Urheberrecht von Bedeutung, die in der Entscheidungssammlung ber�cksichtigt werden. Die ausgew�hlten Entscheidungen des BGH mit den entsprechenden Kurzkommentierungen bilden ein Grundger�st f�r das Verst�ndnis des Urheberrechts und dessen Grundfragen im Zeitalter des Internets und der Digitalisierung.

La proposition de la notion de " la loi sur les droits numeriques " sera certainement une renovation et une percee dans le domaine du droit. La Loi sur les droits numeriques 1.0 est le premier ouvrage pour la Chine voire pour le monde ayant la loi sur les droits numeriques comme titre et les droits numeriques comme l'objet de recherche. La publication de cet ouvrage a une grande portee historique. Rapport sino-americain aux Etats-Unis d'Amerique La Loi sur les droits numeriques 1.0 est non seulement une idee ambitieuse pour la recherche sur les futures lois, mais aussi un ouvrage d'avant-garde pour la recherche sur les futures civilisations. La theorie des droits numeriques prevoit le vrai avenir du droit et nous apporte des imaginations infi nies. Chinois residant en Europe en Romanie Selon la Loi sur les droits numeriques 1.0, le confl it qui oppose la recomposition aux structures de droits et de pouvoirs etablis, nous amene a repenser la societe et a concevoir un nouvel ordre. Les droits numeriques sont la source de la vitalite intrinseque de l'ordre numerique, et leur soutien est la principale force capable de hater sa reconstruction. Hommes d'aff aires chinois en Allemagne La proposition de la loi sur les droits numeriques est venue a point nomme, nous apportant une nouvelle vision de repenser le monde au niveau juridique. La loi sur les droits numeriques, etant un sujet prometteur, est la cle que nous attendons tous pour ouvrir la porte de la civilisation numerique. Business sino-japonais au Japon La loi sur les droits numeriques fonde un nouvel ordre pour l'humanite dans sa progression vers la civilization numerique, et elle est le produit de l'evolution de notre epoque, guidant la technologie scientifi que pour le bien de l'humanite sur la voie de l'etat du droit. La combinaison entre l'intelligence de la technologie scientifi que et la rationalite legitime ouvrira un nouveau chapitre de l'histoire de developpement de la societe humaine, conduisant cette derniere a entrer dans la nouvelle ere de la civilisation numerique. Le temps d'Afr ique en Afrique du Sud

An up-to-date and in-depth examination of intellectual property issues in mergers and acquisitions

In mergers and acquisitions, intellectual property assets can be especially difficult to accurately value, most notably in rapidly evolving high-tech industries. Understanding the factors that create value in intellectual property assets, and the part such assets play in both domestic and international mergers, is vitally important to anyone involved in the merger and acquisition process. This book provides an overview of the intellectual property landscape in mergers and acquisitions and thoroughly covers important topics from financial and accounting concerns to due diligence and transfer issues.

Bringing together some of the leading economists, valuation experts, lawyers, and accountants in the area of intellectual property, this helpful guide acts as an advisor to business professionals and their counsel who need answers for intellectual property questions. The valuation methods presented here are simple and don’t require a background in finance. Whether you’re a manager or executive, an accountant or an appraiser, Intellectual Property Assets in Mergers and Acquisitions offers all the expert help you need to better understand the issues and the risks in intellectual property assets in mergers and acquisitions.

In the United States, human creativity is historically understood to be motivated by economic concerns. However, this perspective fails to account for the reality that human creativity is also often the result of internal motivations having nothing to do with money. This book addresses what motivates human creativity and how the law governing authors' rights should be shaped in response to these motivations.
On a practical level, it illustrates how integrating a fuller appreciation of the inspirational dimension of the creative process will allow us to think more expansively about legal protections for authors. Many types of creators currently lack the legal ability to compel attribution for their work, to prevent misattribution, and to safeguard their work from unwanted modifications. Drawing from a number of diverse sources, including literary, philosophical, and religious works, this book offers real solutions for crafting legal measures that facilitate an author's ability to safeguard his or her work without entirely sacrificing the intellectual property policies in practice in the United States today.

Students and established scholars of intellectual property law often look for historical context when trying to understand the development and present-day contours of IP rules and systems. American Patent Law supplies this context, offering readers a comprehensive account of the evolution of the US patent system and patent doctrine beginning in 1790. From the technologies for harvesting wood and shoemaking in the earliest periods to computer software and biotechnology of the present, each chapter of the book covers the characteristic technologies of each historical era. The book also describes how businesspeople in each era acquired and enforced patents and used patents as the foundation of various business arrangements. This book is a landmark in the history of technologies, the US patent system, and the way private actors have deployed patents across American history.

In diesem Buch untersucht die Autorin die patentrechtliche Erschoepfungsdogmatik. Ziel ist hierbei die Behandlung und Loesung zwei verschiedener Fallkonstellationen. In beiden Konstellationen eroeffnet die Anwendung des Erschoepfungsgrundsatzes in seiner bisherigen Fassung dem Patentinhaber die Moeglichkeit, sein Patent zweifach zu verwerten. Der Band stellt deshalb die Frage, ob diese Doppelverwertungsmoeglichkeit mit den Grundsatzen des Patentrechts im Einklang steht und wenn nicht, welche dogmatischen Moeglichkeiten bestehen, um die Doppelverwertungsmoeglichkeit zu unterbinden und ein sachgerechtes Ergebnis zu erzielen. Hierzu werden verschiedene Loesungsvorschlage aus Literatur und Rechtsprechung kritisch begutachtet und weitere Loesungsansatze entwickelt.