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.,."Perhaps the most impressive thing about Vaidhyanathan, a superb writer and speaker, is that he has made such complicated issues not only understandable but almost, well, entertaining."
--"Library Journal"

"A fascinating journey through the cultural history of copyright law. "Copyrights and Copywrongs" is remarkably readable, mercifully free of legal jargon, and entertaining. It is also thoroughly researched and includes extensive notes and references. This text belongs on the shelf of anyone interested in the ethics and development of copyright."
--"International Journal of Law and Information Technology"

"Vaidhyanathan traces the expansion of American copyright from the late nineteenth century on, giving an especially interesting account of the complexities and absurdities raised by its application to film and music."
-- "American Quarterly"

"This book makes it clear that copyright struggles are not new and will continue in the years ahead. . . . He makes that case readable, understandable, and even entertaining."
--"Portal: Libraries and the Academy"

"Remarkably readable, free of legal jargon, and entertaining . . . the author's arguments are cogent, enlightening, and important to all information professionals."
--"College & Research Libraries"

"Illuminating"
-- "Bookforum" April-June 2002

"It has taken lawyers 200-plus years to morph copyright law from the balanced compromise that our framers struck to the extraordinary system of control that it has become. In this beautifully written book, a nonlawyer has uncovered much of the damage done. "Copyrights and Copywrongs" is a rich andcompelling account of the bending of American copyright law, and a promise of the balance that we could once again make the law become."
--Lawrence Lessig, Stanford Law School and author of "Code and Other Laws of Cyberspace"

"Siva Vaidhyanathan has done a big favor for the academic and library communities. In this book, he has spelled out in clear, understandable language what's at stake in the battles over the nation's intellectual property. The issues brought forward are critical to the future of scholarship and creativity. Librarians and academics are wise to purchase this book and add it to their amust read' lists."
--Nancy Kranich, President, American Library Association, 2000a2001

""Copyrights and Copywrongs" is an urgent information-age wake-up call to a public cocooned in belief that acopyright' is a seal and safeguard for consumers and producers of culture-ware. This book guides us into the legal labyrinth of a new world of so-called intellectual property, in which afair use' isn't fair, where rights are waived and free speech--when we can get it--costs a great deal of money. From print books to video games, "Copyrights and Copywrongs" shows free expression in a legalistic chokehold. Clearly written, meticulously argued, this book is a must."
--Cecelia Tichi, author of"Embodiment of a Nation: Human Form in American Spaces"

"Bravo! When you read this brillant, often-amusing, always-penetrating book-- and you must read it as soon as possible -- you will be persuaded that our Founding Fathers were wise and right when they made the law allowing an author's copyright to exist for a limited time only, either 14 or 28 years."--"CU Cityview"

Copyright reflects farmore than economic interests. Embedded within conflicts over royalties and infringement are cultural values--about race, class, access, ownership, free speech, and democracy--which influence how rights are determined and enforced. Questions of legitimacy--of what constitutes "intellectual property" or "fair use," and of how to locate a precise moment of cultural creation--have become enormously complicated in recent years, as advances in technology have exponentially increased the speed of cultural reproduction and dissemination.

In Copyrights and Copywrongs, Siva Vaidhyanathan tracks the history of American copyright law through the 20th century, from Mark Twain's vehement exhortations for "thick" copyright protection, to recent lawsuits regarding sampling in rap music and the "digital moment," exemplified by the rise of Napster and MP3 technology. He argues persuasively that in its current punitive, highly restrictive form, American copyright law hinders cultural production, thereby contributing to the poverty of civic culture.

In addition to choking cultural expression, recent copyright law, Vaidhyanathan argues, effectively sanctions biases against cultural traditions which differ from the Anglo-European model. In African-based cultures, borrowing from and building upon earlier cultural expressions is not considered a legal trespass, but a tribute. Rap and hip hop artists who practice such "borrowing" by sampling and mixing, however, have been sued for copyright violation and forced to pay substantial monetary damages. Similarly, the oral transmission of culture, which has a centuries-old tradition within African American culture, is complicated by current copyright laws. How, for example, can ownership of music, lyrics, or stories which have been passed down through generations be determined? Upon close examination, strict legal guidelines prove insensitive to the diverse forms of cultural expression prevalent in the United States, and reveal much about the racialized cultural values which permeate our system of laws. Ultimately, copyright is a necessary policy that should balance public and private interests but the recent rise of "intellectual property" as a concept have overthrown that balance. Copyright, Vaidhyanathan asserts, is policy, not property.

Bringing to light the republican principles behind original copyright laws as well as present-day imbalances and future possibilities for freer expression and artistic equity, this volume takes important strides towards unraveling the complex web of culture, law, race, and technology in today's global marketplace.

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.

Artificial intelligence (AI) now infiltrates our culture. After a couple of difficult winters, AI today is a word on everybody's lips, and it attracts everyone's attention regardless of whether they are experts or not. From Apple's Siri to Amazon's Alexa, Tesla's auto-driving cars to facial recognition systems in CCTV cameras, Netflix's film offering services to Google's search engine, we live in a world of AI goods. The advent of AI-powered technologies increasingly affects people's lives across the globe. As a tool for productivity and cost-efficiency, AI also shapes our economy and welfare. AI-generated designs and works are becoming more popular. Today, AI technologies can generate several intellectual creations. Fashion is one of the industries that AI can profoundly impact. AI tools and devices are currently being used in the fashion industry to create fashion models, fabric and jewellery designs, and clothing. When we talk about AI-generated designs, we instead focus on the fruits of innovation - more best-selling apparels, more fashionable designs and more fulfilment of customer expectations - without paying heed to who the designer is. Designers invest a lot of talent, time and finances into designing and creating each article of clothing and accessory before they release their work to the public. Pattern drafting is the first and most important step in dressmaking. Designers typically start with a general sketch on paper; add styles, elements and colours; revise and refine everything; and finally deliver their design to dressmakers. AI accelerates this time-consuming and labour-intensive process. Yet the full legal consequences of AI in fashion industry are often forgotten. An AI device's ability to generate fashion designs raises the question of who will own intellectual property rights over the fashion designs. Will it be the fashion designer who hires or contracts with the AI programmer? Will it be the programmer? Will it be the AI itself? Or will it be a joint work of humans and computers? And who will be liable for infringement deriving from use of third-party material in AI-generated fashion designs? This book explores answers to these questions within the framework of EU design and copyright laws. It also crafts a solution proposal based on a three-step test and model norms, which could be used to unleash the authors, rights holders and infringers around AI-generated fashion designs.

This rich and challenging book offers a critical appraisal of the relationship between intellectual property law and competition law, from a particularly European perspective. Gustavo Ghidini highlights the deficiencies in studying each of these areas of law independently and argues for a more holistic approach, insisting that it is more useful, and indeed essential, to consider them as interdependent. He does this first by examining how competition and intellectual property (IP) converge, diverge, and inform one another. Secondly, he assesses how IP law can be interpreted through the guiding principles of competition law - antitrust and unfair competition - and within the overarching principle of free competition. The book traces the evolution of modern IP law, which it claims is marked heavily both by 'over-protectionist' trends - such as the extension of copyright law to technological fields, where it trespasses on the territory of patent law - and by attempts to monopolize the achievements of basic research, such as in the example of biotechnology. Through an examination of such emerging issues as access to standards of information and patenting of genetic materials, the author makes a clear case for a reading of IP law that promotes dynamic processes of 'innovation by competition', and 'competition by innovation', with related benefits to consumer welfare such as wider choices, greater access to culture and information, and lower prices. Advanced students and researchers in all areas of intellectual property will find this book a stimulating alternative to traditional interpretations of the subject.

Internet of Things and the Law: Legal Strategies for Consumer-Centric Smart Technologies is the most comprehensive and up-to-date analysis of the legal issues in the Internet of Things (IoT). For decades, the decreasing importance of tangible wealth and power - and the increasing significance of their disembodied counterparts - has been the subject of much legal research. For some time now, legal scholars have grappled with how laws drafted for tangible property and predigital 'offline' technologies can cope with dematerialisation, digitalisation, and the internet. As dematerialisation continues, this book aims to illuminate the opposite movement: rematerialisation, namely, the return of data, knowledge, and power within a physical 'smart' world. This development frames the book's central question: can the law steer rematerialisation in a human-centric and socially just direction? To answer it, the book focuses on the IoT, the sociotechnological phenomenon that is primarily responsible for this shift. After a thorough analysis of how existing laws can be interpreted to empower IoT end users, Noto La Diega leaves us with the fundamental question of what happens when the law fails us and concludes with a call for collective resistance against 'smart' capitalism.

Wealth can be transferred on death in a number of different ways, most commonly by will. Yet a person can also use a variety of other means to benefit someone on death. Examples include donationes mortis causa, joint tenancies, trusts, life-insurance contracts and nominations in pension and retirement plans. In the US, these modes of transfer are grouped under the category of 'will-substitutes' and are generally treated as testamentary dispositions. Much has been written about the effect of the use of will-substitutes in the US, but little is generally known about developments in other jurisdictions. For the first time, this collection of contributions looks at will-substitutes from a comparative perspective. It examines mechanisms that pass wealth on death across a number of common law, civil law and mixed legal jurisdictions, and explores the rationale behind their use. It analyses them from different viewpoints, including those of owners of businesses, investors, as well as creditors, family members and dependants. The aims of the volume are to show the complexity and dynamics of wealth transfers on death across jurisdictions, to identify patterns between jurisdictions, and to report the attitudes towards the different modes of transfer in light of their utility and the potential frictions they give rise to with policies and principles underpinning current laws.

In Copyright's Highway, one of the nation's leading authorities on intellectual property law offers an engaging, readable, and intelligent analysis of the effect of copyright on American politics, economy, and culture. From eighteenth-century copyright law, to the "celestial jukebox," to the future of copyright issues in the digital age, Paul Goldstein presents a thorough examination of the challenges facing copyright owners and users. In this fully updated second edition, the author expands the discussion to cover the latest developments and shifts in copyright law for a new audience of scholars and students. This expanded edition introduces readers to present and future debates regarding copyright law and policy, including a new chapter on the technological shift in emphasis from producer to consumer and the legal shift from exclusive rights to exceptions and limitations to those rights. From Gutenberg to Google Books, Copyright's Highway, Second Edition, offers a concise, essential resource for the internet generation.

Since the Intangible Heritage Convention was adopted by UNESCO in 2003, intangible cultural heritage has increasingly been an important subject of debate in international forums. As more countries implement the Intangible Heritage Convention, national policymakers and communities of practice have been exploring the use of intellectual property protection to achieve intangible cultural heritage safeguarding outcomes. This book examines diverse cultural heritage case studies from Indigenous communities and local communities in developing and industrialised countries to offer an interdisciplinary examination of topics at the intersection between heritage and property which present cross-border challenges. Analysing a range of case studies which provide examples of traditional knowledge, traditional cultural expressions, and genetic resources by a mixture of practitioners and scholars from different fields, the book addresses guidelines and legislation as well as recent developments about shared heritage to identify a progressive trend that improves the understanding of intangible cultural heritage. Considering all forms of intellectual property, including patents, copyright, design rights, trade marks, geographical indications, and sui generis rights, the book explores problems and challenges for intangible cultural heritage in crossborder situations, as well as highlighting positive relationships and collaborations among communities across geographical boundaries. Transboundary Heritage and Intellectual Property Law: Safeguarding Intangible Cultural Heritage will be an important resource for practitioners, scholars, and students engaged in studying intangible cultural heritage, intellectual property law, heritage studies, and anthropology.

The effort to win federal copyright protection for dance choreography in the United States was a simultaneously racialized and gendered contest. Copyright and choreography, particularly as tied with whiteness, have a refractory history. This book examines the evolution of choreographic works from being federally non-copyrightable, unless they partook of dramatic or narrative structures, to becoming a category of works potentially copyrightable under the 1976 Copyright Act. Crucial to this evolution is the development of whiteness as status property, both as an aesthetic and cultural force and a legally accepted and protected form of property. The choreographic inheritances of Loie Fuller, George Balanchine, and Martha Graham are particularly important to map because these constitute crucial sites upon which negotiations on how to package bodies of both choreographers and dancers - as racialized, sexualized, nationalized, and classed - are staged, reflective of larger social, political, and cultural tensions.

Copyright is territorial, but the same cannot be said of the internet, whose borderless nature has changed the way we consume copyright-protected material. Nevertheless, territorial segmentation of online content remains a reality in the 28 member states of the European Union. Licensing and access practices do not reflect this digital reality, in which end-users demand ubiquitous access to content. For this reason, the territorial nature of copyright and traditional business models based on national exploitation prevent the completion of the Digital Single Market. Sebastian Felix Schwemer provides a unique analysis of the dynamic licensing and access arrangements for audiovisual works and music and shows how they are being addressed by sector regulation and competition law in the Digital Single Market. His analysis, which includes case law of the Court of Justice, the Commission's competition proceedings, and various legislative tools, reveals the overlapping nature of legislative and non-legislative regulatory solutions.

European memory institutions are repositories of a wealth of rare documents that record public domain content. These documents are often stored in 'dark-archives' to which members of the public are granted limited access, resulting in the public domain content recorded therein being relegated to a form of 'forgotten-knowledge'. Digitisation offers a means by which such public domain content can be made speedily and easily accessible to users around the world. For this reason, it has been hailed as the harbinger of a new 'digital renaissance'. This book examines the topical issue of the need to preserve exclusivity over digitised versions of rare documents recording public domain content. Based on data gathered through an empirical survey of digitisation projects undertaken by fourteen memory institutions in five European Union Member States, it argues for the introduction of exclusive rights in digitised versions of rare documents recording public domain textual content as a means of incentivising private-sector investment in the digitisation process. It concludes by presenting a detailed proposal for a European Union Regulation that would grant memory institutions a limited-term related right in digitised versions of rare documents held in their collections subject to stringent exceptions and limitations that are designed to safeguard user interests.

This authoritative book includes a selection of seminal articles published in the emerging field of technological progress and innovation. The first part of the book is dedicated to the economics of innovation, while the following parts include important papers in various legal areas that focus on innovation. The legal fields covered by the collection include intellectual property, torts, competition law and regulation. This comprehensive book will be useful to researchers, students and legal practitioners who are interested in innovation and is a must in any research library.

In economic sectors crucial to human welfare - agriculture, education, and medicine - a small number of firms control global markets, primarily by enforcing intellectual property (IP) rights incorporated into trade agreements made in the 1980s onward. Such rights include patents on seeds and medicines, copyrights for educational texts, and trademarks in consumer products. According to conventional wisdom, these agreements likewise ended hopes for a 'New International Economic Order,' under which wealth would be redistributed from rich countries to poor. Sam F. Halabi turns this conventional wisdom on its head by demonstrating that the New International Economic Order never faded, but rather was redirected by other treaties, formed outside the nominally economic sphere, that protected poor countries' interests in education, health, and nutrition and resulted in redistribution and regulation. This illuminating work should be read by anyone seeking a nuanced view of how IP is shaping the global knowledge economy.

The desire to steal the intellectual property (IP) of others, be they creative individuals or company teams working in patent pools to create new innovations, remains the same. Political methods have become more sophisticated in terms of devaluing the output of creative humans by creating open- source access, which can be taken freely by all and sundry. What has changed is the new cyber- based technology that allows increased theft of IP. Likewise, warfare for geo- political imperatives is not new but sophisticated cyber- based methods that can actually carry out infrastructural damage through cyberspace are new and are accordingly termed cyberwarfare. How cyber strategies are used in IP theft and cyberwarfare in relation to new complex digital technology such as the Internet of Things (IoT) is explored in relation to particular essential sectors in the economy: marine, smart energy power grids and insurance. Country- specifi c studies based on either being the recipient or perpetrator (or both) of cyberattacks provide analysis in relation to Japan, China and North Korea, Russia, Europe (the UK in particular), Iran and the USA.

Property enhances autonomy for most people, but not for all. Because it both empowers and disables, property requires constant vigilance. A Liberal Theory of Property addresses key questions: how can property be justified? What core values should property law advance, and how do those values interrelate? How is a liberal state obligated to act when shaping property law? In a liberal polity, the primary commitment to individual autonomy dominates the justification of property, founding it on three pillars: carefully delineated private authority, structural (but not value) pluralism, and relational justice. A genuinely liberal property law meets the legitimacy challenge confronting property by expanding people's opportunities for individual and collective self-determination while carefully restricting their options of interpersonal domination. The book shows how the three pillars of liberal property account for core features of existing property systems, provide a normative vocabulary for evaluating central doctrines, and offer directions for urgent reforms.

As the publishing, film and music industries are dominated by Big Media conglomerates, there is often recourse to simplistic ideological and conspiratorial readings of industry dynamics. Copyright, Creativity, Big Media and Cultural Value: Incorporating the Author explains why copyright is much more than a creator's private property right or a mechanism through which corporations control cultural production and influence mass consumption choices. The volume is grounded in extensive, painstakingly detailed and colourful original archival research into business histories of major successful artists including Conan Doyle, Hall Caine, Margaret Atwood, Dame Nellie Melba, Radiohead and Banksy, and the industries and genres that grew up around their activities. Chapters address big questions about how copyright generates income and how distributions of profits are allocated in the publishing, film and music industries. It includes discussion of the creation of new formats, the interplay between old media and new technologies, international copyright reform and cross-industry relations. Copyright, Creativity, Big Media and Cultural Value is a wide-ranging and important resource for students and practitioners of law and policy, media studies, cultural studies and literary history.

This book analyses the phenomenon of digitally mediated property and considers how it problematises the boundary between human and nonhuman actors. The book addresses the increasingly porous border between personhood and property in digitized settings and considers how the increased commodification of knowledge makes visible a rupture in the liberal concept of the property owning, free, person. Engaging with the latest work in posthumanist and new materialist theory, it shows, how property as a concept as well as a means for control, changes fundamentally under advanced capitalism. Such change is exemplified by the way in which data, as an object of commodification, is extracted from human activities yet is also directly used to affectively control - or nudge - humans. Taking up a range of human engagements with digital platforms and coded architectures, as well as the circulation of affects through practices of artificial intelligence that are employed to shape behaviour, the book argues that property now needs to be understood according to an ecology of human as well as nonhuman actors. The idea of posthuman property, then, offers both a means to critique property control through digital technologies, as well as to move beyond the notion of the self-owning, object-owning, human. Engaging the most challenging contemporary technological developments, this book will appeal to researchers in the areas of Law and Technology, Legal Theory, Intellectual Property Law, Legal Philosophy, Sociology of Law, Sociology, and Media Studies.

This book examines the challenges posed to Australian copyright law by streaming, from the end-user perspective. It compares the Australian position with the European Union and United States to draw lessons from them, regarding how they have dealt with streaming and copyright. By critically examining the technological functionality of streaming and the failure of copyright enforcement against the masses, it argues for strengthening end-user rights. The rising popularity of streaming has resulted in a revolutionary change to how digital content, such as sound recordings, cinematographic films, and radio and television broadcasts, is used on the internet. Superseding the conventional method of downloading, using streaming to access digital content has challenged copyright law, because it is not clear whether end-user acts of streaming constitute copyright infringement. These prevailing grey areas between copyright and streaming often make end-users feel doubtful about accessing digital content through streaming. It is uncertain whether exercising the right of reproduction is appropriately suited for streaming, given the ambiguities of "embodiment" and scope of "substantial part". Conversely, the fair dealing defence in Australia cannot be used aptly to defend end-users' acts of streaming digital content, because end-users who use streaming to access digital content can rarely rely on the defence of fair dealing for the purposes of criticism or review, news reporting, parody or satire, or research or study. When considering a temporary copy exception, end-users are at risk of being held liable for infringement when using streaming to access a website that contains infringing digital content, even if they lack any knowledge about the content's infringing nature. Moreover, the grey areas in circumventing geo-blocking have made end-users hesitant to access websites through streaming because it is not clear whether technological protection measures apply to geo-blocking. End-users have a severe lack of knowledge about whether they can use circumvention methods, such as virtual private networks, to access streaming websites without being held liable for copyright infringement. Despite the intricacies between copyright and access to digital content, the recently implemented website-blocking laws have emboldened copyright owners while suppressing end-users' access to digital content. This is because the principles of proportionality and public interest have been given less attention when determining website-blocking injunctions.

This comprehensive Handbook provides an in-depth analysis of the origin and main substantive provisions of the TRIPS Agreement, the most influential international treaty on intellectual property currently in force. A uniquely qualified set of academics and experts from around the world discuss the historical context in which the Agreement was negotiated, its basic principles and the nature of the obligations it creates for WTO members. Together with the second volume ? Research Handbook on the Interpretation and Enforcement of Intellectual Property under WTO Rules ? it examines the minimum standards that must be implemented with regard to patents, trademarks, geographical indications, copyright and related rights, integrated circuits and test data. This Handbook is an essential tool for scholars, researchers and advanced students in the field of intellectual property. It also provides materials of direct relevance for policymakers and legal practitioners.

This book contains the most current information on how to implement, develop and maintain an effective Corrective Action and Preventive Action (CAPA) and investigation program using a 9-step closed-loop process approach for medical device, pharmaceutical and biologic manufacturers, as well as any company or institution, which has to maintain a quality system. CAPA violations along with ineffective complaint investigations continue to be the number one cited violation of device warning letters for the past four years, leading the US Food and Drug Administration or FDA to remind firms to fully investigate complaints, find the root cause of nonconforming products and document their CAPA activities. A review of FDA warning letters issued to pharmaceutical companies reveals that most of these warning letters resulted from recurring failures, ineffective investigations found, and missing or inappropriate corrective and preventive actions. Companies often make the mistake of fixing problems in their processes by revising procedures or more commonly by 'retraining' employees that may or may not have caused the problem. This is typically event-focused. Companies then will make the false assumption that the errors have been eradicated. In many cases they will also consider the steps taken as their Preventive Action. The reality is that the causes of the failure were never actually determined; therefore the same problem will recur over and over. CAPA is a complete system that collects information regarding existing and potential quality problems. It analyzes and investigates the issues to identify the root cause of nonconformities. CAPA is not just a quick-fix, simple approach. It is a process and has to be understood throughout organizations. This book addresses all of the above issues, in a pragmatic, down- to-earth manner.

Within most libraries in the United States today there is an information professional who has become the 'go-to' person for grasping and grappling with copyright questions. While not an attorney, this librarian has developed an awareness and understanding of copyright law, legislation and practice as they relate to a wide variety of library activities. This practical handbook provides a broad overview of copyright librarianship. It is written for information professionals whose area of expertise, specialization or job it is to inform and educate others about the ethical use and best practices surrounding copyrighted materials It is written about the person with solid analytical skills and the ability to adapt and adjust in a rapidly changing environment; someone who can serve as an intermediary between information producers and consumers; someone who is knowledgeable about the law and providing access to information; someone who is well positioned within an organization to answer questions about copyright and provide reliable, accurate, and relevant answers, information, assistance, and guidance when needed. In short: a copyright librarian.

Systemic Bias: Algorithms and Society looks at issues of computational bias in the contexts of cultural works, metaphors of magic and mathematics in tech culture, and workplace psychometrics. The output of computational models is directly tied not only to their inputs but to the relationships and assumptions embedded in their model design, many of which are of a social and cultural, rather than physical and mathematical, nature. How do human biases make their way into these data models, and what new strategies have been proposed to overcome bias in computed products? Scholars and students from many backgrounds, as well as policy makers, journalists, and the general reading public will find a multidisciplinary approach to inquiry into algorithmic bias encompassing research from Communication, Art, and New Media.

This book focuses on the fraught relationship between cultural heritage and intellectual property, in their common concern with the creative arts. The competing discourses in international legal instruments around copyright and intangible cultural heritage are the most obvious manifestation of this troubled encounter. However, this characterization of the relationship between intellectual and cultural property is in itself problematic, not least because it reflects a fossilized concept of heritage, divided between things that are fixed and moveable, tangible and intangible. Instead the book maintains that heritage should be conceived as part of a dynamic and mutually constitutive process of community formation. It argues, therefore, for a critically important distinction between the fundamentally different concepts of not only intellectual and cultural heritage/property, but also of the market and the community. For while copyright as a private property right locates all relationships in the context of the market, the context of cultural heritage relationships is the community, of which the market forms a part but does not - and, indeed, should not - control the whole. The concept of cultural property/heritage, then, is a way of resisting the reduction of everything to its value in the market, a way of resisting the commodification, and creeping propertization, of everything. And, as such, the book proposes an alternative basis for expressing and controlling value according to the norms and identity of a community, and not according to the market value of private property rights. An important and original intervention, this book will appeal to academics and practitioners in both intellectual property and the arts, as well as legal and cultural theorists with interests in this area.

This collection considers the future of climate innovation after the Paris Agreement. It analyses the debate over intellectual property and climate change in a range of forums - including the climate talks, the World Trade Organization, and the World Intellectual Property Organization, as well as multilateral institutions dealing with food, health, and biodiversity. The book investigates the critical role patent law plays in providing incentives for renewable energy and access to critical inventions for the greater public good, as well as plant breeders' rights and their impact upon food security and climate change. Also considered is how access to genetic resources raises questions about biodiversity and climate change. This collection also explores the significant impact of trademark law in terms of green trademarks, eco labels, and greenwashing. The key role played by copyright law in respect of access to environmental information is also considered. The book also looks at deadlocks in the debate over intellectual property and climate change, and provides theoretical, policy, and practical solutions to overcome such impasses.

This book deals comprehensively with the question of the scope of copyright protection for computer programs. Offering a unique blend of scholarship, technical rigor, and readability, it dispels the confusion and controversy that surround the application of copyright law to computer programs. Through an orderly development of facts and analysis it shows why the copyright law is the appropriate regime for software protection and explains the nature of copyright protection for software. Alternating between essay format and case study, the book provides expert counsel to those interested in this interface between technology and law. "Software, Copyright, and Competition: The Look and Feel' of the LaW," is undoubtedly one of the best pieces of legal scholarship in any subject this editor has ever had the pleasure to read. As to its subject matter, it is the best analysis of look and feel' written to date. . . . The book is very readable. Not only does the author explain' the law for the non-lawyer, but he explains the zen' of computer programming to the non-programmer. With wit and insight he puts to rest the many old wives tales the legal community believes about programmers. . . . In the best of all possible worlds, this book would be mandatory reading for any judge or arbitrator faced with a look and feel' case. "The Software Law Bulletin," January 1990

Two forces, innovation and imitation, fuel the intense competition that underlies the dramatic technological progress taking place in the computer industry. As the competitive battleground shifts increasingly to the software sector, a vigorous debate has arisen over whether the principal legal regime for protecting the asset value of computer programs--the copyright law--encourages or inhibits that competition. Industry executives, computer lawyers, law professors and lawmakers alike are participating in the debate, the outcome of which will quite literally shape the future of the computer industry.

This book deals comprehensively with the question of the scope of copyright protection for computer programs. Offering a unique blend of scholarship, technical rigor, and readability, it dispels the confusion and controversy that surround the application of copyright law to computer programs. Through an orderly development of facts and analysis it shows why the copyright law is the appropriate regime for software protection and explains the nature of copyright protection for software. Alternating between essay format and case study, the book provides expert counsel to those interested in this interface between technology and law.