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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law
As more and more colleges and universities establish copyright offices and/or assign the responsibilities of copyright education and advisory services to specific individuals within the institution, many times librarians, there is a paucity of resources available on how to manage that responsibility. Most works on copyright discuss the law and court cases interpreting the law but few address the situational application of it and the management and coordination of copyright efforts on a campus. Here is a complete, one-stop, guide to managing copyright at all levels-community college, college, and university. Complete chapters are devoted to: *The university culture *The role of a copyright office *How to establish a copyright office *Copyright services for librarians *Copyright services for faculty *Copyright services for administrators and staff *Copyright services for students Written by the director of the University Copyright Office at Purdue University who holds both law and library science degrees, this is complete, authoritative guide is a must-purchase for every institution of higher education seeking to comply with the copyright law and thus avoid potential liability exposure.
Drawing on macro-historical sociological theories, this book traces the development of intellectual property as a new type of legal property in the modern nation-state system. In its current form, intellectual property is considered part of an infrastructure of state power that incentivizes innovation, creativity, and scientific development, all engines of economic growth. To show how this infrastructure of power emerged, Laura Ford follows macro-historical social theorists, including Michael Mann and Max Weber, back to antiquity, revealing that legal instruments very similar to modern intellectual property have existed for a long time and have also been deployed for similar purposes. Using comparative and historical evidence, this groundbreaking work reflects on the role of intellectual property in our contemporary political communities and societies; on the close relationship between law and religion; and on the extent to which law's obliging force depends on ancient, written traditions.
Media and entertainment law is one of the fastest growing sectors of practice in the UK and European Community. Practising lawyers are hungry for information and informed analysis of the latest developments in this fast-moving field. This Yearbook spans the traditional concerns of media lawyers such as free speech and freedom of the press generally, including libel law and contempt of court as well as the core areas of entertainment law practice such as copyright, contracts, licensing and competition. In addition it covers the emerging fields of new technologies, the impact of the much heralded `information highway' upon media law, the effects of European Community initiatives in this area and the ever changing subject of broadcasting regulation. The Yearbook consists of high-quality analytical articles, important annual surveys of developments in all these fields and reviews of recent publications, all of which will be of interest to the practising and academic lawyer.
To facilitate effective trust management, the Trust Practitioner's Toolkit contains useful checklists, records and forms and is designed as a companion to the popular Trust Practitioner's Handbook. This is an essential support tool and includes over 20 forms and checklists, including ones relating to: - risk management - tax on trust creation - instructions for trust drafting - trust information - trust review. The book is designed to act as an aide memoire for trust practitioners by outlining the procedural tasks which need to be completed at the various stages of work, including creating a trust or file review. It will also help to avoid pitfalls such as missing time limits, filing deadlines, compliance tasks and recording. The features and guidance will also be of benefit to more junior members of staff.
There can be no doubt that both substantive family and succession law engage in significant interaction with private international law, and, in particular, the European Union instruments in the field. While it is to be expected that substantive law heavily influences private international law instruments, it is increasingly evident that this influence can also be exerted in the reverse direction. Given that the European Union has no legislative competence in the fields of family and succession law beyond cross-border issues, this influence is indirect and, as a consequence of this indirect nature, difficult to trace.This book brings together a range of views on the reciprocal influences of substantive and private international law in the fields of family and succession law. It outlines some key elements of this interplay in selected jurisdictions and provides a basis for discussion and future work on the reciprocal influences of domestic and European law. It is essential that the choices for and within certain European instruments are made consciously and knowingly. This book therefore aims to raise awareness that these reciprocal influences exist, to stimulate academic debate and to facilitate a more open debate between European institutions and national stakeholders.
In International Taxation of Trust Income, Mark Brabazon establishes the study of international taxation of trust income as a globally coherent subject. Covering the international tax settings of Australia, New Zealand, the UK, and the US, and their taxation of grantors/settlors, beneficiaries, trusts, and trust distributions, the book identifies a set of principles and corresponding tax settings that countries may apply to cross-border income derived by, through, or from a trust. It also identifies international mismatches between tax settings and purely domestic design irregularities that cause anomalous double- or non-taxation, and proposes an approach to tax design that recognises the policy functions (including anti-avoidance) of particular rules, the relative priority of different tax claims, the fiscal sovereignty of each country, and the respective roles of national laws and tax treaties. Finally, the book includes consideration of BEPS reforms, including the transparent entity clause of the OECD Model Tax Treaty.
The software industry continues to expand as new products enter into the technological marketplace in order to meet increasing demand. As a result of the popularity of often-expensive software products, companies face the growing challenge of protecting their products against copyright infringement. Judiciary-Friendly Forensics of Software Copyright Infringement discusses the forensics of software copyright infringement. This book highlights theoretical, functional, and procedural matters in the investigation of copyright infringement of software products, as well as the development of forensic technologies to detect and eliminate software piracy. As this publication will explore comprehensive topics on the forensic process of software piracy, it is an essential resource for software forensic experts, lawyers in the field of copyright infringement, judges, software professionals, software developers, and students.
Equity and Trusts: A Problem-Based Approach creates a fresh approach to learning through the use of integrated realistic case studies designed to simulate how the law works in practice. With comprehensive coverage of the complete equity and trusts curriculum, unlike other textbooks, it integrates a thorough exposition of the legal rules with applied problem-solving opportunities, highlighting the legal issues and providing essential context for the law. The book's goal is to familiarise students with a more active and practical approach to equity and trusts that will deepen their knowledge and understanding. Written in a clear and concise style but without sacrificing detail or analysis, Judith Riches not only provides students with a full and wide-ranging account of the law, but also helps them to develop the analytical and problem-solving skills they will need to succeed in their studies and beyond. Key features include: Case studies at the start of each chapter provide real-world context to each topic and help to familiarise readers with the legal language and style they will encounter Apply Your Learning boxes invite students to reflect and consolidate on the content covered in order to apply the law back to the case study Consider This boxes present variations to the case studies and alternative scenarios to challenge students to take their application of the law to the next level Key Cases and Statutes boxes reinforce the essential role of cases and legislation in the development and application of land law and help students identify key sources of legal authority for revision purposes Tutor Tips highlight important issues and opportunities to impress tutors and examiners without interrupting the flow of the text
Risk and Negligence in Wills, Estates, and Trusts provides essential guidance for all will draftsmen. It offers in-depth analysis of negligence and wills, together with commentary on safe practice and the avoidance of risk. Together the areas covered provide a framework for the safe practice that is now essential in this much disputed area of work. This updated edition examines the new developments in will preparation and what is needed for safe practice as well as the important cases since the last edition. This work contains indispensable practical guidance, tailored to meet the demands of all those involved in wills, trusts, and estates and disputes relating to them. Practical advice in establishing best practice to avoid disputes is given and the appendices include practical forms and checklists to assist this. In addition there is analysis of the allied subjects of estate and trust administration and commonly encountered problem areas. A section also concentrates on duties in relation to taxation aspects of this work. Negligence and private client work is a fast developing area of modern law. The recent financial crisis has helped to focus attention closely on what risk is and how it should be managed. This has not merely been in the financial sector but in all areas of business. The legal profession has seen some major financial failures and an operating climate that is increasingly difficult. The rise in PI claims, the insurers' restrictions on cover, and the increased cost of cover have led to an increased focus on professional ability and risk management. Therefore, knowledge of the risks, what constitutes safe practice, and how to manage risk, are essential for anyone practising in this area.
Trusts & Equity continues to offer a comprehensive and user-friendly approach, providing a concise route through what can be a challenging area of the law. Drawing on years of experience, Gary Watt encourages students to actively engage with the subject and think critically about its central issues, outlining the key perspectives with clarity and rigour. Digital formats and resources This edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks - The online resources include: * Video lectures presented by Gary Watt, providing an introduction to key areas of debate within the subject * Essay questions and problem scenarios with accompanying answer guidance, along with general guidance on answering these kinds of questions to enable you to improve * Web links to further primary sources and commentary to aid your understanding * Flashcard glossary to help test your knowledge of key terms
This book considers the rapidly evolving, both legally and socially, nature of image-based abuse, for both minors and adults. Drawing mainly from UK data, legislation and case studies, it presents a thesis that the law is, at best, struggling to keep up with some fundamental issues around image based abuse, such as the sexual nature of the crimes and the long term impact on victims, and at worst, in the case of supporting minors, not fit for purpose. It shows, through empirical and legislative analysis, that the dearth of education around this topic, coupled with cultural norms, creates a victim blaming culture that extends into adulthood. It proposes both legislative developments and need for wider stakeholder engagement to understand and support victims, and the impact the non-consensual sharing of intimate images can have on their long-term mental health and life in general. The book is of interest to scholar of law, criminology, sociology, police and socio-technical studies, and is also to those who practice law, law enforcement or wider social care role in both child and adult safeguarding.
This third volume of the Balkan Yearbook of European and International Law (BYEIL) is devoted in particular to the specific legal challenges faced by Southeast European countries in the area of intellectual property law. The authors discuss a range of topics in Serbian and Bosnian and Herzegovinian copyright law, trademark and patent law, the relevance of which extends beyond their national borders. The papers included in the permanent sections on European law and international law explore contemporary challenges in public and private law. These challenges concern various legal fields, including consumer law, commercial law, corporate and criminal law, and the corresponding papers tackle a number of fundamental theoretical issues, while also highlighting the latest developments in legal practice.
Exploring artistic authorship and intellectual property in the contemporary world. If you have tattoos, who owns the rights to the imagery inked on your body? What about the photos you just shared on Instagram? And what if you are an artist, responding to the surrounding landscape of preexisting cultural forms? Most people go about their days without thinking much about intellectual property, but it shapes all aspects of contemporary life. It is a constantly moving target, articulated through a web of laws that are different from country to country, sometimes contradictory, often contested. Some protections are necessary-not only to benefit creators and inventors but also to support activities that contribute to the culture at large-yet overly broad ownership rights stifle innovation. Is It Ours? takes a fresh look at issues of artistic expression and creative protection as they relate to contemporary law. Exploring intellectual property, particularly copyrights, Martha Buskirk draws connections between current challenges and early debates about how something intangible could be defined as property. She examines bonds between artist and artwork, including the ways that artists or their heirs retain control over time. The text engages with fundamental questions about the interplay between authorship and ownership and the degree to which all expressions and inventions develop in response to innovations by others. Most importantly, this book argues for the necessity of sustaining a vital cultural commons.
Defences to copyright infringement have gained increased significance over the past twenty years. The fourth industrial revolution emerged with the development of innovative copy-reliant services and business models, which have transformed the way in which copyright works can be used and re-used, spanning from digital learning methods, to mass digitization initiatives, media monitoring services, image transformation tools or content-mining technologies. The lawfulness and legitimacy of such innovative services and business methods, that arguably have the potential to enhance public welfare, is dubious and challenges copyright law. EU copyright contains diverse, yet specifically enumerated, narrowly drafted, and strictly interpreted defensive rules, often taking the form of the so-called exceptions and limitations to copyright. In addition, defendants may also deny liability by attacking one or more of the elements of infringement, by bringing forward for instance claims negating copyright subsistence or the scope of copyright protection. Because the fourth industrial revolution comes with the promise of innovation and business growth, which are stated objectives of EU copyright, it invites an examination of defensive rules as an organic whole. This book adopts such a holistic approach in its exploration of the limits of permissibility under EU copyright, including not only legislatively mentioned exceptions and limitations but also doctrinal principles and external to copyright rules with a view to unveil possible gaps and overlaps, offering a novel classification of defensive rules, and evaluating the adaptability of the law towards technological change. Discussing recent legislative developments, such as the provisions of the Digital Single Market Directive, and case law from the Court of Justice, and bringing insights from an extensive set of national laws and cases, this book tells the story of copyright from the perspective of copyright defences, offering both positivist and normative insights into law and doctrine and arguing towards a principle-based understanding of the scope of defences that could inform future law and policy making.
The law of succession rests on a single brute fact: you can't take
it with you. The stock of wealth that turns over as people die is
staggeringly large. In the United States alone, some $41 trillion
will pass from the dead to the living in the first half of the 21st
century. But the social impact of inheritance is more than a matter
of money; it is also a matter of what money buys and brings about.
Piracy and Intellectual Property in Latin America is the first sustained effort to present an alternative framework for understanding piracy and contemporary challenges to global discourses on intellectual property (IP) in the Americas. While piracy might just look like theft and derivative reproduction from the perspective of many right-holders, the contributors to this volume go beyond this economic-driven logic and show how practices of copying are in fact practices of reinvention that reflect the rich social networks and forms of creativity, authorship, commerce, and consumption that characterize informal economies. From a perspective informed by contemporary scenarios in Mexico, Brazil, Chile, Argentina, Peru, Guatemala, and the United States, they engage in a discussion of alternatives that-predicated on the importance of protecting culture-allow for other ways of conceiving prosperity at local, national, regional, and global levels. Examples discussed include video games, clothing, trinkets, music, film, TV, and books. Designed to help understand the broader implications of IP and piracy for the field of Latin American studies, this book will be a major contribution to Global South studies, as well as to the growing bibliography on globalization, informal markets, and piracy.
Copyrighting God provides the first detailed account of how American religious organizations used copyright in sacred texts not simply for economic gain but also for social organization and control. Including chapters on the angelic authorship of The Urantia Book, Mary Baker Eddy's use of copyright to construct the Christian Science Church, interdenominational disputes in the Worldwide Church of God, and the Church of Scientology's landmark lawsuits against Internet service providers, this book examines how religious copyright owners mobilized the law in order to organize communities, protect sacred goods, produce new forms of spiritual identity, and even enchant the material world. In doing so, this book demonstrates that these organizations all engaged in complex efforts to harmonize legal arguments and theological rationales in order to care for and protect religious media, thereby coming to a nuanced understanding of secular law as a resource for, and obstacle to, their unique spiritual objectives.
From the shopping mall to the corner bistro, knockoffs are
everywhere in today's marketplace. Conventional wisdom holds that
copying kills creativity, and that laws that protect against copies
are essential to innovation--and economic success. But are
copyrights and patents always necessary? In The Knockoff Economy,
Kal Raustiala and Christopher Sprigman provocatively argue that
creativity can not only survive in the face of copying, but can
thrive.
This book examines the role of international law in securing privacy and data protection in the digital age. Driven mainly by the transnational nature of privacy threats involving private actors as well as States, calls are increasingly made for an international privacy framework to meet these challenges. Mapped against a flurry of global privacy initiatives, the book provides the first comprehensive analysis of the extent to which and whether international law attends to the complexities of upholding digital privacy. The book starts by exploring boundaries of international privacy law in upholding privacy and data protection in the digital ecosystem where threats to privacy are increasingly transnational, sophisticated and privatized. It then explores the potential of global privacy initiatives, namely Internet bills of rights, universalization of regional systems of data privacy protection, and the multi-level privacy discourse at the United Nations, in reimagining the normative contours of international privacy law. Having shown limitations of global privacy initiatives, the book proposes a pragmatic approach that could make international privacy law better-equipped in the digital age.
This book is a very useful reference guide on how de jure and de facto standards are being developed and how these standards compete against each other. The book also looks at how FRAND commitments are being determined across countries, how these disputes have played out, especially in Asia, and how they can be better dealt with in future globally. The book gives a broad overview of the business model of dominant SEP patentees and analyzes some standards for FRAND licensing of SEPs which are converging in major Asian jurisdictions. It highlights the need for ex ante regulation in the FRAND licensing of SEPs and suggests how we can reconcile conflicts which may arise from different legal standards. This book provides detailed and comprehensive analysis of recent SEP cases with an emphasis on Asia and will interest anyone who wishes to have more insight into the legal, policy, industrial and economic implications of such issues.
This work considers the issue of whether the publisher has sufficient legal protection in regard to services rendered in comparison to other intellectual property rights holders. Based on the example of the publisher inter alia, this work offers approaches to promote the further development of the German intellectual property rights in respect to non-creative services.
Intellectual Property Law is the definitive textbook on the subject. The authors' all-embracing approach not only clearly sets out the law in relation to copyright, patents, trade marks, passing off, and confidentiality, but also takes account of a wide range of academic opinion enabling readers to explore and make informed judgements about key principles. The particularly clear and lively writing style ensures that even the most complex areas are lucid and comprehensible. Digital formats and resources The sixth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks
This is the new edition of the leading work on the law and practice of auctions. The book looks at every aspect of auction practice from the economics of auction sales and restrictions on trading to criminal and other liabilities of the auctioneer. There is also a chapter on VAT. There have been important recent developments in the field of consumer protection and the book has been substantially revised to reflect these. In addition to general updating the new edition considers the practice of online auctions for the first time. There is also a section on looted art . The book continues to draw on case law from other common law jurisdictions. |
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