In the nineteenth century, copyright law expanded to include performances of theatrical and musical works. These laws transformed how people made and consumed performances. Exploring precedent-setting litigation on both sides of the Atlantic, this book traces how courts developed definitions of theater and music to suit new performance rights laws. From Gilbert and Sullivan battling to protect The Mikado to Augustin Daly petitioning to control his spectacular 'railroad scene', artists worked with courts to refine vague legal language into clear, functional theories of drama, music, and performance. Through cases that ensnared figures including Lord Byron, Laura Keene, and Dion Boucicault, this book discovers how the law theorized central aspects of performance including embodiment, affect, audience response, and the relationship between scripts and performances. This history reveals how the advent of performance rights reshaped how we value performance both as an artistic medium and as property.

Content Rights for Creative Professionals is for professionals and students working in all areas of media (film/video, photography, multimedia, web, graphics, and broadcast) who need to know what the law requires and how they should properly utilize copyrights and trademarks. This book outlines critical concepts and applies them with explanations in real-life applications, including many cases from the author's own practice as well as those of various media professionals.
This 256 page text is a practical guide designed to provide its reader with a firm understanding of the principles underlying the ownership and use of content, so that when questions arise, they will be able to make correct, well-informed decisions-whether concerning their personal works, or works of others that a company wishes to copyright or trademark. In addition, the reader will be more capable of exercising sound judgment in structuring employment and contract relationships and of acquiring and/or licensing works, which are at the core of the business of communicating.
*Access to the most up-to-date copyright and trademark information
*Provides a firm understanding of the priciniples underlying the ownership and use of content
*Suits the perspective of the freelance artist as well as the in-house media professional

The growing use of private labels in recent years has affected significantly the landscape of retail competition, with major retailers no longer being confined to their traditional role as purchasers and distributors of branded goods. By selling their own-label products within their outlets they are competing with their upstream brand suppliers for sales and shelf space. This unique relationship, and the continued strengthening of private labels, raises important questions as to their pro-competitive effects and possible negative effects.
This book provides an in-depth review of the range of competitive and intellectual property issues raised in connection with private brands in Europe and the US. It examines the development of private labels and their impact on retail competition, then moves on to focus on policy and questions the adequacy of current economic and legal analysis in light of the characteristics of own-label competition, and finally it presents a thorough evaluation of the legal issues in the field, including chapters on horizontal and vertical effects, dominance, mergers and acquisitions, intellectual property, copycat packaging and consumer welfare.
The book contains a collection of essays reflecting the debate on the impact of private labels upon competition, investment and innovation in the retail sector. The ideas and arguments underlying the articles have been developed through a series of seminars held in the Oxford Centre for Competition Law and Policy over the last three years. Participants in these seminars have included competition officials, law academics, practitioners and representatives from industry.

"[T]his volume provides a wealth of information for all librarians dealing with copyright." Library Journal, Starred Review Copyright situations in libraries can get complicated. How do librarians know how much they can copy? Is everything in libraries fair use? Can librarians let people show movies in the library? Do new services like 3D printing involve copyright? Should librarians always say 'no' when patrons want to copy something? Finding the answers can be time-consuming, but with copyright policies and workflows in place, those answers are at the fingertips of librarians. Knowing how to create and implement copyright policies will make it much easier to address the copyright situations that come up in your library. Librarians and those who work in libraries can use this book to get good information and practical advice on both copyright basics and policies. The book is different from other books about copyright in libraries because it focuses on more than the rules of copyright. It goes further by guiding librarians and information professionals on how to incorporate the rules into policies, procedures, and workflows. With this book, librarians and information professionals will be able to craft a copyright policy that will enable them to answer complicated copyright questions quickly and easily. The book includes sample policies from all types of libraries: academic, public, government, and private. The book covers how to implement a policy and ways to assess its effectiveness. Copyright Policies and Workflows in Libraries will help you understand -Copyright basics and how to get permission -Your library's context within a legal landscape -The best components of a policy -Practical copyright workflows -How to assess policy effectiveness

Münsterberg's work on the emerging art of cinema remains a key document for film scholars, but it has long been out of print. In this new edition, Allan Langdale provides a critical introduction to the seminal text and collects numerous hard-to-find writings on film by Münsterberg.

When managed well, IP can become the most enduring form of competitive advantage, creating streams of revenue well into the future. But for many in Europe, IP can still seem complicated to acquire, expensive to maintain and hard to enforce. Drawing on a wide range of expert contributions, The Handbook of European Intellectual Property Management is a practical and easy-to-follow account of how IP comes into play at various stages of ventures and delivers commercial success and real competitive advantage. Drawing out the commercial implications of the changes that are happening within Europe's framework for innovation, like the arrival of the unitary patent, this Handbook reviews how EU programmes such as Horizon 2020, the Innovation Union and the European Research Area are measuring performance against a target of creating more growth from IP ventures. In parallel, the contributors discuss the new terms on which leading players in business and research are looking to engage partners in sourcing ideas and fast-tracking innovation. Everywhere IP policies are being re-written to encourage open innovation and to source knowledge from wherever it may best be found. For those looking to take an innovation, a design, or a brand into the market, this handbook discusses the options in putting the right idea into the right format, highlighting challenges such as: - how to design an IP strategy - how to capture and secure IP - how to capitalise on new technologies - how to combine different types of IP - whether to adopt a national, European or global focus - how to engage in partnerships and competitions - how to source ideas from the research base - how to retain exclusivity within open innovation - which model to adopt in reaching the market - how to negotiate IP within contracts - how put a value on IP - how to raise funds with IP - how to resolve disputes

This book presents a comprehensive legal and constitutional study of emergency powers from a comparative common law perspective. It is one of very few comparative studies on three jurisdictions and arguably the first one to explore in detail various emergency powers, statutory and common law, constitutional and statutory law, martial law and military acting-in-aid of civil authority, wartime and peacetime invocations, and several related and vital themes like judicial review of emergency powers (existence, scope and degree). The three jurisdictions compared here are: the pure implied common law model (employed by the UK), implied constitutional model (employed by the USA) and the explicit constitutional model (employed by India). The book's content has important implications, as these three jurisdictions collectively cover the largest population within the common law world, and also provide maximum representative diversity. The book covers the various positions on external emergencies as opposed to internal emergencies, economic/financial emergencies, and emergent inroads being made into state autonomy by the central or federal governments, through use of powers like Article 356 of the Indian Constitution. By providing a detailed examination of the law and practice of emergency powers, the book shares a wealth of valuable insights. Specific sub-chapters address questions like - what is the true meaning of 'martial law'; who can invoke 'martial law'; when can it be invoked and suspended; what happens when the military is called in to aid civilian authorities; can martial law be deemed to exist or coexist when this happens; what are the limits on state powers when an economic emergency is declared; and, above all, can, and if so, when and how should courts judicially review emergency powers? These and several other questions are asked and answered in this study. Though several checks and constraints have been devised regarding the scope and extent of 'emergency powers,' these powers are still prone to misuse, as all vast powers are. A study of the legal propositions on this subject, especially from a comparative perspective, is valuable for any body politic that aspires to practice democracy, while also allowing constitutionally controlled aberrations to protect that democracy.

When first written into the Constitution, intellectual property aimed to facilitate "progress of science and the useful arts" by granting rights to authors and inventors. Today, when rapid technological evolution accompanies growing wealth inequality and political and social divisiveness, the constitutional goal of "progress" may pertain to more basic, human values, redirecting IP's emphasis to the commonweal instead of private interests. Against Progress considers contemporary debates about intellectual property law as concerning the relationship between the constitutional mandate of progress and fundamental values, such as equality, privacy, and distributive justice, that are increasingly challenged in today's internet age. Following a legal analysis of various intellectual property court cases, Jessica Silbey examines the experiences of everyday creators and innovators navigating ownership, sharing, and sustainability within the internet eco-system and current IP laws. Crucially, the book encourages refiguring the substance of "progress" and the function of intellectual property in terms that demonstrate the urgency of art and science to social justice today.

Estate and Trust Administration For Dummies, 2nd Edition (9781119543879) was previously published as Estate and Trust Administration For Dummies, 2nd Edition (9781118412251). While this version features a new Dummies cover and design, the content is the same as the prior release and should not be considered a new or updated product. Your plain-English guide to administering an estate and/or trust As more and more of the population reach senior ages--including baby boomers, many of whom do not have wills--an increasing number of people are being thrust into the role of executor, administrator, personal representative of an estate, or trustee of a trust after the death of a loved one. This updated edition of Estate & Trust Administration For Dummies guides you through the confusing process of administering an estate and/or trust. Settling an estate and administering a trust can be complicated, messy, and time-consuming for individuals named as executor or trustee, most of whom have no previous experience with such matters. Estate & Trust Administration For Dummies shows you how to make sound decisions for your unique circumstances. Guides you through the confusing process of administering an estate and/or trust Provides expert advice on unfamiliar estate and trust tax law Gives you a practical checklist to follow for all of your estate and trust administration questions and concerns Whether you're looking for guidance on how to navigate the probate process and estate taxes, settle debts and bequests, fund a trust, comply with tax regulations, or anything in between, this hands-on, friendly guide takes away the mystery and provides detailed answers to all of your estate and trust administration questions.

The fourth edition of this book follows the format of the previous editions, but has been comprehensively updated to take into account the most significant new cases and legislation, including the Trusts of Land and the Appointment of Trustees Act 1996 and the Trustee Delegation Act 1999. It also deals in depth with the Trustee Act 2000.

The third edition of this work provides a clear but detailed account of the law and practice of copyright, written in lay language. It has been completely revised by a collaborative team, whilst maintaining its familiar layout. Main changes occur in: licensing developments; electronic copyright progress; the international context; and the latest user guidelines. Updated with changes arising from EU harmonization of copyright law, the text includes "database right" which can apply alongside copyright or involve non-copyright items. There is also some coverage of design right, and copyright-related rights such as recording and performing rights.

People have been digging in the ground for useful minerals for thousands of years. Mineral materials are the foundation of modern industrial society. As the global population grows and standards of living in emerging and developing countries rises, the demand for mineral products is increasing. Mining ensures that we have an adequate supply of the raw materials to produce all the components of modern life, and at competitive prices. Innovation is central to meeting the diverse challenges faced by the mining industry. It is critical for developing techniques for finding new deposits of minerals, enabling us to recover increasing amounts of minerals from the ground in a cost-effective manner, and ensuring it this is done in a way that is as environmentally responsible. This book provides the first in-depth global analysis of the innovation ecosystem in the mining sector. This book is Open Access.

Technological developments have shaped copyright law's development, and now the prospect of endless, effortless digital copying poses a significant challenge to modern copyright law. Many complain that copyright protection has burgeoned wildly, far beyond its original boundaries. Some have questioned whether copyright can survive the digital age. From a historical perspective, however, many of these 'new' challenges are simply fresh presentations of familiar dilemmas. This book explores the history of international copyright law, and looks at how this history is relevant today. It focuses on international copyright during the nineteenth century, as it affected Europe, the British colonies (particularly Canada), America, and the UK. As we consider the reform of modern copyright law, nineteenth-century experiences offer highly relevant empirical evidence. Copyright law has proved itself robust and flexible over several centuries. If directed with vision, Seville argues, it can negotiate cyberspace.

This book examines the central issue in property theory, as it intersects with law: what property is, as an idea, and the power that claimed individual property rights should have against competing public goals. Drawing upon areas as diverse as land use, the body as property, personal information as property, cultural property, and state redistributive claims, the author shows that there are deep reasons for property's protective power, or lack of it, in these and other cases - reasons that are grounded in the nature of property, as an idea, and in the conflicts of that idea with competing public interests. The author also establishes why the right to property is necessarily different from - and should be less protected than - other constitutional rights.

This volume presents new research in artificial intelligence (AI) and Law with special reference to criminal justice. It brings together leading international experts including computer scientists, lawyers, judges and cyber-psychologists. The book examines some of the core problems that technology raises for criminal law ranging from privacy and data protection, to cyber-warfare, through to the theft of virtual property. Focusing on the West and China, the work considers the issue of AI and the Law in a comparative context presenting the research from a cross-jurisdictional and cross-disciplinary approach. As China becomes a global leader in AI and technology, the book provides an essential in-depth understanding of domestic laws in both Western jurisdictions and China on criminal liability for cybercrime. As such, it will be a valuable resource for academics and researchers working in the areas of AI, technology and criminal justice.

Up to date and informative, the Yearbook of Copyright and Media Law is now well established as a key source of information and analysis for all copyright, media and entertainment law professionals. It is is designed to respond to practical developments and problem areas such as the Internet and Multimedia while also making a serious contribution to copyright and media law as a legal discipline. The central feature of the Yearbook is the range of annual surveys prepared by expert practising lawyers. Covering all issues from copyright, trademarks, licensing societies and new technology to libel, contempt of court and music contracts, the surveys contain considered and thorough analysis of the most recent developments in the UK, the EC, and beyond. The special survey in this yearbook focuses on definitions of film and there are in-depth articles on topical subjects such as the Microsoft judgment and the impact of The Human Rights Act and the Data Protection Act.

In the twenty-first century, it has become easy to break IP law accidentally. The challenges presented by orphan works, independent invention or IP trolls are merely examples of a much more fundamental problem: IP accidents. This book argues that IP law ought to govern accidental infringement much like tort law governs other types of accidents. In particular, the accidental infringer ought to be liable in IP law only when their conduct was negligent. The current strict liability approach to IP infringement was appropriate in the nineteenth century, when IP accidents were far less frequent. But in the Information Age, where accidents are increasingly common, efficiency, equity, and fairness support the reform of IP to a negligence regime. Patrick R. Goold provides the most coherent explanation of how property and tort interact within the field of IP, contributing to a clearer understanding of property and tort law and private law generally.

The reception of the trust in civil law jurisdictions has generated considerable conceptual debate internationally and in East Asia. In Trust Law in Asian Civil Law Jurisdictions, the authors: * Provide a detailed comparative examination of trust laws in Asian civil law jurisdictions from both operational and theoretical perspectives * Discuss the reception of the trust laws in Japan, South Korea, Taiwan and China and the challenges facing them * Engage in in-depth comparative inquiries as to how these Asian legal systems resolve questions pertaining to the trust * Evaluate the distinctive features of Asian trusts and how they are moulded to suit the civilian legal frameworks within which they are situated. The analysis intersects with the Trento trust project in Europe, but also differs from it by providing valuable perspectives of the 'Asian' approaches to trust researchers in Asia and the Anglophone world at large.

Patent rights on pharmaceutical products are one of the factors responsible for the lack of access to affordable medicines in developing countries. In this work, Emmanuel Kolawole Oke provides a systematic analysis of the tension between patent rights and human rights law, contending that, in order to preserve their patent policy space and secure access to affordable medicines for their citizens, developing countries should incorporate a model of human rights into the design, implementation, interpretation, and enforcement of their national patent laws. Through a comprehensive analysis of court decisions from three key developing countries (India, Kenya, and South Africa), Oke assesses the effectiveness of national courts in resolving conflicts between patent rights and the right to health, and demonstrates how a model of human rights can be incorporated into the adjudication of patent rights.

This book sets out to defend the claim that Equity ought to remain a separate body of law; the temptation to iron-out the differences between neighbouring doctrines on the two sides of the Equity/Common Law divide should, in most cases, be resisted. The theoretical part of the book is argues that the characteristics of Equity, namely, appeal to conscience, flexibility, retroactivity and the use of morally-freighted jargon, are essential for the implementation of a legal ideal that has been neglected by the Common Law: aAccountability Correspondencea. According to this fundamental legal ideal, liability imposed by legal rules should correspond to the pattern of moral duty in the circumstances to which the rules apply. Equity promotes this ideal in the fields of property and obligations by disallowing parties to exploit the rule-like nature of Common Law norms in a way that breaches their moral duty to the other party. By reference to various equitable doctrines, it is argued that the faults identified by critics of Equity, especially from the perspective of the Rule of Law, are highly exaggerated, and that the criticism often reflects a political belief in the supremacy of individualism and free market over empathy and social justice. The theoretical part is followed by three chapters, each dedicated to an in-depth analysis of the equitable doctrines of fiduciary duties, proprietary estoppel, and clean hands. For each doctrine, it is shown how their equitable characteristics are indispensable for achieving their social, ethical and economic purpose.

The TRIPS Agreement was implemented in the WTO to gain access to a functioning dispute settlement mechanism that could authorize trade sanctions. Yet TRIPS and the WTO Dispute Settlement Understanding are based on systems that developed independently in WIPO and GATT. In this book, Matthew Kennedy exposes the challenges created by the integration and independence of TRIPS within the WTO by examining how this trade organization comes to grips with intellectual property disputes. He contrasts the way intellectual property disputes between governments have been handled before and after the establishment of the WTO. Based on practical experience, this book provides a comprehensive review of the issues that arise under the DSU, TRIPS, GATT 1994 and other WTO agreements in intellectual property matters. These range from procedural pitfalls to substantive treaty interpretation and conflicts as well as remedies, including cross-retaliation.

This book addresses several aspects of the law and economics of intellectual property rights (IPRs) that have been underanalyzed in the existing literature. It begins with a brief overview of patents, trade secrets, copyrights, and trademarks, and the enforcement and licensing of IPRs, focusing on the remedies available for infringement (injunctions, various forms of damages, and damages calculation issues); the standard of care (strict liability versus an intent- or negligence-based standard); and the rules for determining standing to sue and joinder of defendant for IPR violations. The authors demonstrate that the core assumption of IPR regimes - that IPRs maximize certain social benefits over social costs by providing a necessary inducement for the production and distribution of intellectual products - have several important implications for the optimal design of remedies, the standard of care, and the law of standing and joinder.

Preserving the Promise: Improving the Culture of Biotech Investment critically examines why most biotech startups fail, as they emerge from universities into an ecosystem that inhibits rather than encourages innovation. This "Valley of Death" squanders our public investments in medical research and with them, the promise of longer and healthier lives. The authors explicate the Translation Gap faced by early stage biotech companies, the result of problematic technology transfer and investment practices, and provide specific prescriptions for improving translation of important discoveries into safe and effective therapies. In Preserving the Promise, Dessain and Fishman build on their collective experience as company founders, healthcare investor (Fishman) and physician/scientist (Dessain). The book offers a forward-looking, critical analysis of "conventional wisdom" that encumbers commercialization practices. It exposes the self-defeating habits of drug development in the Valley of Death, that waste money and extinguish innovative technologies through distorted financial incentives.

Avizandum Statutes are designed specifically to provide undergraduates at Scottish universities with legislation and, where appropriate, other core materials in a readily accessible format. All materials have been selected on the basis of their relevance to university courses and appear in updated form. The lack of annotation and commentary means that the volumes are ideal for use in examinations.Avizandum Statutes on Scots Property, Trusts and Succession Law contain the main statutory provisions relating to both heritable and moveable property, as well as to trusts and succession law, in Scotland. All important provisions regulating post-feudal land law in Scotland are present.

I've long known that musicians understand copyright law as little as copyright lawyers understand music, but this book shows brilliantly that such mutual ignorance is deeply rooted in historical, philosophical and practical arguments about music making. In persuading both musicologists and legal theorists to address issues of authorship, creativity, property and performance, Andreas Rahmatian has put together a collection that is essential reading for anyone concerned with the uneasy relationship of music and law. This is a sophisticated, instructive and stimulating book.' - Simon Frith, University of Edinburgh, UK'Rahmatian's edited collection in ''Concepts of Music and Copyright' is provoking and revelatory. It is an elegant colloquy between four musicologists and four lawyers. The resultant discourse reveals a rich seam of amazing stories and judicial decisions on authorship, creativity and the law in the sphere of musical composition and performance. The book is not only for music scholars and copyright lawyers, but is ideal for any scholar who professes to enjoy socio-legal philosophy, music lore, or the history of ideas. Needless to add, it is a must-have for copyright judges.' - Uma Suthersanen, University of London, UK 'This collection considers the blurred lines between copyright law and music - from early musicology to the Golden Age of MTV and the rise of YouTube and mash-ups. It explores key concepts such as copyright works, subject matter, authorship, originality, copyright infringement, safe harbours, and takedown notices. This collection also examines the clash between legal theories of music, and perceptions of copyright law in musical communities.' - Matthew Rimmer, Queensland University of Technology (QUT), Australia Copyright specialists have often focused on the exploitation of copyright of music and on infringement, but not on the question of how copyright conceptualises music. This highly topical volume brings together specialists in music, musicology and copyright law, providing a genuinely interdisciplinary research approach. It compares and contrasts the concepts of copyright law with those of music and musical performance. Several tensions emerge between the ideas of music as a living art and of the musical work as a basis for copyright protection. The expert contributors discuss the notions of the musical work, performance, originality, authorship in music and in copyright, and co-ownership from the disciplinary perspectives of music, musicology and copyright law. The book also examines the role of the Musicians' Union in the evolution of performers' rights in UK copyright law, and, in an empirical study, the transaction costs theory for notice-and-takedown regimes in relation to songs uploaded on YouTube. This unique study offers an interdisciplinary perspective for academics, policymakers and legal practitioners seeking a state-of-the-art understanding of music and copyright law. Contributors: J. Butt, M. Parker Dixon, A. Firth, P.J. Heald, B. Heile, A. Rahmatian, C. Waelde, J. Williamson