This fourth volume in the series contains further exploration of the main themes considered in the first three volumes and brings together perspectives on copyright from law and legal theory, political economy, human rights, cultural studies and social theory. New Directions in Copyright Law, Volume 4, offers insightful contributions from leading commentators on a range of issues affecting the development and direction of copyright law. The volume is divided into six parts. In the first part, the theoretical framework of copyright law is explored through the concepts of the market place of ideas and the public domain. While a number of chapters address substantive aspects of copyright law reform, the second part of the volume contains a chapter that marries substantive questions with issues around the mechanics, limitations and possibilities of the reform process. In the third part, two chapters consider the problematic notion of paternity rights from contrasting disciplinary perspectives. The interface between copyright law and the burgeoning of new technologies is considered through a range of theoretical and methodological approaches. In the fourth part of the volume legal theorists address issues around open access, open source, free software, and the implications of network theory for the relationship between copyright law and the Internet. Moving away from the concerns of so-called 'high technology', the fifth part of the volume considers the equally fraught question of the protection of traditional knowledge and cultural property through an analysis of the limits of law. The final part of the volume, which deals with copyright's uncomfortable relationship with human rights, sees a return to issues around the new technologies with a focus on the political economy of open source software, and on the issue of information access and fundamental rights.

The increasing shift towards digital publishing has provoked much debate concerning the issues surrounding ?'Open Access?' (OA), including its economic implications. This timely book considers how the future of academic publishing might look in a purely digital environment and utilises unique empirical data in order to analyze the experiences of researchers with, as well as attitudes towards, OA publishing. Presenting findings from a novel, in-depth survey with more than 10,000 respondents from 25 countries, this book shows that the research culture of scientific research differs considerably between disciplines and countries. These differences significantly determine the role of both '?gold?' and '?green?' forms of OA and foster both opportunity and risk. Discussing their findings in the light of recent policy attempts to foster OA, Thomas Eger and Marc Scheufen reveal considerable shortcomings and lack of knowledge on fundamental features of the academic publishing market and conclude by highlighting a policy agenda for its future development. Well-timed and far-reaching, this book will be of particular interest to students and scholars interested in the economic analysis of copyright law. Academic librarians and research sponsors will also benefit from the insights offered.

What obligations to each other do people have or think they have? That question comes up in relation to family and marriage relationships, to law, and to moral reasoning. This novel and highly readable book takes it up in relation to inheritances: to what people think they should leave or be left, who should receive what, when, how, and why. Making the book novel is its range. Here are views about more than money. Covered are also houses, land and, an often neglected but emotion-laden area, the personal and often indivisible things that mean one is remembered as an individual. Making it novel also is its emphasis throughout on meanings and on what people see as matters of choice or flexibility. Even in countries where the legal codes specify who should receive what after death (many European and most Islamic codes allow far less choice than British-based law does), people still have room for decisions about what they give away to various heirs or spend before death. What makes the book highly readable? One reason is its timeliness. Currently lively, for example, are debates over parents balancing their own needs and wishes against those of their children ("spending the kids' inheritance," in one description). Another is the book's style. The writing is straightforward. Theory is not neglected but there is an absence of jargon. The material is also mostly based on narratives: on people's own descriptions of arrangements that "worked well" or "did not work well" and on why they thought so. That base makes the book far from dry and far from being an account only of negative feelings, objections, challenges, and family rifts. It also makes it more relevant at times of indecision or misunderstanding. In short, a book for many readers, both within the social sciences and beyond it.

Federica Giovanella examines the on-going conflict between copyright and informational privacy rights within the judicial system in this timely and intriguing book. Adopting a comparative approach focusing on the United States, Canada and Italy, Dr Giovanella skilfully explores the strategies through which judges solve conflicts between Internet users' data protection and copyright holders' enforceable rights. Using research centred on a selection of lawsuits in which copyright holders attempted to enforce their rights against Internet users suspected of illegal file-sharing, this book analyses the cases and regulatory frameworks concerning both privacy and copyright. Copyright and Information Privacy demonstrates that these decisions were ultimately the by-products of different policy conceptions of the two conflicting rights. Whilst providing a comprehensive analysis of the conflict between copyright and data protection, this book also stimulates the debate surrounding the role that judges have in balancing conflicting rights, and examines their reasoning in resolving such conflict, taking into consideration the process of conceptual balancing. Perceptive and contemporary in topic, this book will be beneficial to both scholars and students of intellectual property, privacy, and comparative law.

In modern markets innovation is at least as great a concern as price competition. The book discusses how antitrust policy and patent and copyright laws interact to create market dynamics that affect both competition and innovation. Antitrust and intellectual property policies for the most part are complementary, sharing common goals of promoting innovation and economic welfare. In some cases, however, their distinct approaches, one based on competition and the other on exclusion, come into conflict. As antitrust authorities focus increasingly on ensuring that firms do not interfere with innovation by rivals or impede the pace of technological progress in an industry, they necessarily must confront difficult questions about the strength and scope of intellectual property rights. When should private property rights give way to public competition objectives? When is it appropriate to remedy anticompetitive outcomes through access to protected intellectual property? How does antitrust enforcement or competition itself affect incentives to innovate? Leading economists and lawyers address these questions from both US and EU perspectives in discussing salient antitrust cases involving intellectual property rights such as Microsoft, Magill, Kodak, IMS and Intel. Offering a non-technical introduction to this major topic, this book will be of interest to those practitioners and legal and economic scholars who may only be aware of one side of the conflicting views on competition law and intellectual property law. It will also be of interest more generally to schools and universities of law in the EU and the US.

This unique study investigates the path of innovation in the electrical, electronics and communications engineering industries. It presents a holistic, multi-disciplinary analysis of innovation based on case studies of paradigm-changing inventions - spanning two hundred years - which altered the course of the global economy. The stimuli and constraints which control the dynamics of these innovations are pin-pointed in this book and applied to emerging technologies. Roger Cullis tests the analysis using a recent technology which underpins the embryonic information-based economy. He demonstrates that it is possible to use the hierarchical and time dependent nature of the stimuli and constraints he has identified to predict the likely success of a new technological invention. Considering the impact of all factors which contribute to the success of innovations, this unique book will be of great interest to inventors, patent attorneys and intellectual property practitioners and academics. It will also interest licensing executives and venture capitalists, innovation economists and government policymakers.

Intellectual property (IP) has become one of the most influential and controversial issues in today's knowledge-based society. This challenging book exposes the reader to key issues at the heart of the public debate now taking place in the field of IP. It considers IP at the macro level where it affects many issues. These include: international trade policy, ownership of breakthrough technologies, foreign direct investment, innovation climates, public-private partnerships, competition rules and public health where it is strongly embedded in contemporary business decision making. Meir Pugatch has assembled an international and diverse cast of contributing authors, who offer new insights into a broad span of the most pressing IP-related issues. They shed light on the increasing dominance of IP in the design and execution of basic and applied research, the evaluation of intangible assets, and the protection and management of knowledge assets, underscoring its importance in relation to national economic development strategies and business strategies of knowledge-based industries and companies. The Intellectual Property Debate will appeal to scholars, practitioners, and government officials interested in the fields of international trade and intellectual property policy, intellectual property law, technology transfer and valuation, and international business.

Thinking about your death isn't easy, but it's even harder to consider the consequences of not thinking about it. Failing to execute a will or set up a trust could burden your heirs beyond just grief at your passing, leaving them to deal with your incomplete affairs as well.

Stephen L. Smith, a longtime attorney with thirty-five years of experience in estate planning, seeks to take the mystery out of what can often be an intimidating process. Using this guide, you can learn how to understand the differences between wills and trusts; evaluate attorneys and tax advisers; empower yourself to direct the planning process; and maximize the money and assets that get passed to others.

Whether you have a large estate or a modest one, it's important to engage in estate planning to make your wishes known. Take control of the process by arming yourself with the knowledge in "Taking the Mystery out of Estate Planning."

This second volume contains further exploration of the themes considered in Volume 1, namely the theoretical framework of copyright, and the convergence, divergence and globalisation of copyright. New Directions in Copyright Law, Volume 2 offers valuable insights into developments in rights neighbouring on copyright, such as the EU database directive and television broadcast copyright. It also considers the protection of traditional knowledge - such as the legal protection of folklore, freedom of speech and communication channels. In addition the book investigates copyright and new technologies, taking examples from the music industry and from digital policing. Finally, the authors present views on the tension between corporate power and human rights in the context of copyright, questioning whether it is possible to strike a productive and meaningful balance. With contributions from leading copyright scholars and commentators from a diverse range of theoretical and disciplinary backgrounds, this book will be of interest to all those concerned with the problems plaguing the modern copyright system.

As one of the most flexible of the intellectual property rights, copyright law is under constant pressure to adapt and expand in the face of new and sometimes unforeseen challenges and developments. This book is the first in an important new six volume series whose aim is to consider the purpose, role, function and future of the copyright system. The book, and indeed the series, comprises thoughtful, critical and often challenging contributions from an international, multidisciplinary network of scholars. It brings together perspectives on copyright from law, politics, economics, cultural studies and social theory in an effort to forge a truly coherent and meaningful agenda for the future of copyright. Volume 1 presents first a thorough re-examination of the underlying theoretical foundations of copyright law, engaging with such issues as the moral justifications for copyright, and the appropriateness of copyright in a globalised world. The book goes on to examine the convergence and divergence of intellectual property rights in the context of globalisation. Bold in its attempt to be original, this book should be read by anyone interested in the future of copyright, regardless of discipline, and in intellectual property more generally.

Presenting a selection of innovative research contributions written by some of the best-known academics in the field, The Economics of Copyright covers issues that are at the forefront of the implementation and management of copyright. The book touches on all aspects of copyright management including the effects of copyright piracy, optimal contractual arrangements between authors and publishers, copyright and antitrust issues, and collective management of copyright. This selection of papers not only shows how fruitful the study of copyright from an economic theory perspective has been, but they also clearly indicate the directions (and analytical tools) that will be of principal interest over the next few years, as research in this area flourishes. Both legal scholars specialising in intellectual property and applied economics scholars will find this book of importance, as will organisations dealing with the management and protection of intellectual property rights. The book will also be good reading for any advanced university course dealing with the economics of copyright.

The regulation and flow of information continues to have a critical impact upon how people live their lives and the way society functions. In recent times, disinformation and privacy violation have become the 'information pollution' of the 21st century. This book explores ways and means of protecting the 'information environment' by drawing upon four theories of contemporary environmentalism: welfare economics, the commons, ecology, and public choice theory. Welfare economics highlights the need to focus on costs (as well as benefits) when evaluating regulatory structures. The commons encourages queries about the validity of propertisation. Ecology speaks to the importance of diversity and resilience. And public choice theory hazards against the regulatory effect of concentrated interests. The lessons from each inspire the proposed information environmental governance framework. By neatly capturing the metaphorical relationship between the physical environment and the information environment, Robert Cunningham explores progressive regulatory pathways for the digital age. This book will be a thought-provoking read for scholars and students with an interest in intellectual property or the regulation of information.

Although there appears to be no firm legal basis in the Treaties for EU legislative action aimed specifically at protecting media pluralism, this book opens a number of promising avenues along which a viable legal regime protecting media pluralism may be achieved in the EU. With particular focus on broadcasting, the book examines existing (albeit fragmented) legislative and regulatory measures in competition law and other areas that contribute to this goal, and sets forth ways to strengthen monitoring and transparency, generate 'soft law with hard statements', introduce a 'pluralism test' in the EU Merger Regulation, promote more public service media, and foster media literacy. Among many other issues arising in the course of the discussion, the author describes and elucidates the following: various types of integration of media companies and the different ways they affect pluralism and diversity; limitations of must-carry rules and principles of interoperability; the diverging priorities of different European organizations, institutions and bodies; and contradictory lobbying efforts from industry actors. The author places herself on the culture side of the culture/commodity dilemma, showing why it is vital for regulators to preserve media pluralism by counteracting excessive media concentration and safeguarding quality and diversity of content.

Intellectual property law is built on constitutional foundations and is underpinned by the twin freedoms of freedom of expression and freedom of economic enterprise. In this thoughtful evaluation, Gustavo Ghidini offers up a reconstruction of the core features of each intellectual property paradigm, including patents, copyright, and trademarks, suggesting measures for reform to allow intellectual property to become socially beneficial for all. Rethinking Intellectual Property is a deeply reflective conceptualisation of the modern principles of intellectual property law at both a national and an international level. The first chapter investigates conflicts of interests relating to intellectual property and guiding principles for their resolution within its constitutional framework. Ghidini then moves on to examine the reshaping of patent protection, and the way that the exercise of patent rights goes hand-in-hand with the competitive dynamics of technological innovation. In chapter 3, he analyses the copyright paradigm from an industrial perspective, focusing particular attention to the online distribution of material. Chapter 4 moves on to examine trademark protection, and the protection of entrepreneurial identity and brand value. Finally, he addresses the complex intersection between intellectual property law and competition law. This book will be invaluable reading for anyone interested in the conceptual foundations of intellectual property law, and challenges the reader to re-examine their understanding of the field.

In recent times, commercial activities of companies exercising market power through their intellectual property rights have increasingly come under the scrutiny of the EU competition authorities. Intellectual Property and Competition Law: New Frontiers looks at how the leveraging strategies of Microsoft, the patent enhancement strategies of Astra Zeneca and Rambus, and the reverse payment settlements in the pharmaceutical sector have all attracted competition intervention, and how the courts have been forced to decide whether intellectual property issues are the primary subject matter of the case, or peripheral to that.
Drawing on these judgments, and others, this timely book brings together leading figures from practice and from academia who examine the increasingly complex and often strained relationship between intellectual property and competition law. Focusing primarily on EU law, but with valuable insight into US law, they highlight areas where new frontiers are emerging in the interface between the two, including; refusal to grant access to trade secrets; the new product test in consumer welfare; competition law in the pharmaceutical sector; standard setting; and FRAND (Fair, Reasonable and Non-Discriminatory terms) commitments. The book also considers the way in which the Commission's proposed changes to the application of Article 102 EC may impact on the protection of intellectual property rights.
In the post-Microsoft litigation era, this timely book captures the range of current thinking on the subject. The impressive list of contributors brings together leading figures from academia and practice, from intellectual property and competition law, and from law and economics, offering unrivalled expert analysis of this complex area.

This volume explores the nature of intellectual property law by looking at particular disputes. All the cases gathered here aim to show the versatile and unstable character of a discipline still searching for landmarks. Each contribution offers an opportunity to raise questions about the narratives that have shaped the discipline throughout its short but profound history. The volume begins by revisiting patent litigation to consider the impact of the Statute of Monopolies (1624). It continues looking at different controversies to describe how the existence of an author's right in literary property was a plausible basis for legal argument, even though no statute expressly mentioned authors' rights before the Statute of Anne (1710). The collection also explores different moments of historical significance for intellectual property law: the first trade mark injunctions; the difficulties the law faced when protecting maps; and the origins of originality in copyright law. Similarly, it considers the different ways of interpreting patent claims in the late nineteenth and twentieth century; the impact of seminal cases on passing off and the law of confidentiality; and more generally, the construction of intellectual property law and its branches in their interaction with new technologies and marketing developments. It is essential reading for anyone interested in the development of intellectual property law.

International copyright law is a complex and evolving field, of manifest and increasing economic significance. Its intellectual challenges derive from the interlocking relationships of multiple international instruments and national or regional laws and judgments.This ground-breaking casebook provides a comprehensive and comprehensible account of international copyright and neighboring rights law, from the cornerstone of the 1886 Berne Convention and the Rome Convention of 1961, through to the 1994 TRIPS Agreement and the 1996 and later WIPO Copyright Treaties. It examines how national laws have implemented the international norms, and explores the issues these sources have left ambiguous or unresolved. Ginsburg and Treppoz, two of the leading lights in international copyright law, bring their expert commentary and provocative questions to judiciously selected extracts from cases, analytical texts, and the texts of the treaties themselves, to develop a deeply nuanced understanding of this field. The approach centers on comprehending the international law and international treaties and, rather than analyzing the treaties in turn and in abstract, offers a concrete issue-by-issue treatment of the subject. Key features of the casebook: - Written by two leading authorities in the field - Carefully selected extracts from primary and secondary sources - Build a clear picture of the field - Expert analytical commentary and questions set the extracts in context - U.S. and E.U. perspectives integrated throughout the text to ensure maximum relevance and encourage students to make comparative assessments - An issue-based approach that synthesizes the treaties and facilitates a nuanced understanding - Exposition of lacunae in the treaties, and extensive consideration of how private international law fills the gaps - Leads students through the field from beginning to end.

Creativity is crucial to the Information Age economy. It is the basis of production in the cultural industries. In this excellent book, Ruth Towse provides an analysis of the interaction between creativity, the law, and markets for cultural goods and services. Copyright law establishes property rights that create economic incentives to cultural production and Ruth Towse uses her analysis to draw conclusions about policy on copyright. This unique study is of interest to a range of disciplines in economics, law, cultural studies and management.