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.

Drawing on interdisciplinary research methods from musicological and legal scholarship, this book maps the historical terrain of forensic musicology. It examines the contributions of musical expert witnesses, their analytical techniques, and the issues they encounter assisting courts in clarifying the blurred lines of music copyright.

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.

Drawing from a wide range of material and socio-legal methods, this collection brings together original essays - written by internationally renowned scholars - investigating emerging patterns in the shape and form of the legal regulation of domestic relations. Taking as a focus the theme of 'caring and sharing, ' the collection includes chapters which reflect on: the changing contours of what we think of as 'domestic relations' * the impact that legal recognition carries in making visible some relationships rather than others * the potential for normative values carried within patterns of legal recognition and regulation * intersections between private law and public policy * the role of private law in the allocation of responsibility and privilege * the differential impact of seemingly progressive policies on economically vulnerable or socially marginal groupings * tensions between family law models and models carried within other fields of private law * and, unusually, architectures in law and the built environment designed to facilitate broader accounts of domestic relationships. This thoughtful, provocative, and wide-ranging collection will be a must for anyone, whatever their discipline background, interested in the insights and potential offered by a fresh engagement with the complexity of domestic relations and the law. It will also appeal to the general reader as it addresses topics of human interest, such as family, intimacy, and caring. (Series: Onati International Series in Law and Society

Provides a tightly structured introduction to this complex topic, supported by well chosen case studies from a variety of jurisdictions. Appropriate for law students looking to practice contract law in a transnational environment.

Provides a tightly structured introduction to this complex topic, supported by well chosen case studies from a variety of jurisdictions. Appropriate for law students looking to practice contract law in a transnational environment.

This book documents the journey of the survivors of sexual violence as they navigate the gruelling criminal justice and health care systems and the stigma and hostility in their communities in the aftermath of the incident. Through personal narratives of survivors and their family members, the book examines critical gaps in the existing networks of criminal procedure, health, and rehabilitation for survivors of sexual violence and rape. Using qualitative research, it distills the narratives gathered through interviews with survivors and their family members to understand their experiences and offers. The book contributes to the corpus of literature on different forms of violence against women in India with an emphasis on understanding the effectiveness of institutions, both formal and informal, in responding to sexual violence, and offering suggestions for changes in the health and support systems available to them. It documents post-incident interactions of survivors with family, community, the police, courts, lawyers, and hospitals and highlights the impact of rape on physical and mental health, work, relationships, education and housing for survivors and their families. This book will be of interest to those engaged in providing support to survivors of sexual violence as well as students and researchers of social work and social policy, health and social care, law, gender studies, human rights and civil liberties, gender and sexuality, social welfare, and mental health.

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.

Africa is known for its multi-faceted immaterial culture, manifested in highly original music, oral texts, artistic performances and sporting events. These cultural expressions are increasingly regulated by intellectual property rights, as orally transmitted stories are written down, traditional songs broadcast and ownership claimed, and sporting activities once part of village life become national media events. This volume brings together an interdisciplinary team of legal experts, anthropologists and literary scholars to explore, from an African point of view, what happens to intangible cultural goods when they are confronted with large-scale commodification and distribution through media technologies, and globalized and divergent judicial systems, institutions and cultural norms. These transformations are observed in contexts that range from Senegalese wrestling contests to beauty pageants in Mali, from Kenyan hip-hop to the Nigerian novel, from the vuvuzela horn to Cameroonian masks. Contributors address the role of the state and the legacy of the European origination of IP laws, as well as the forms of ownership, technologies of mediation and degrees of commercialization that existed pre-colonially in different African societies. Resisting a single narrative of the imposition of a Western legal regime displacing older African modes, a more complex picture is revealed of the intricate interconnections between pirates, artists, communities, governments and international organizations. It is only when local actors embrace technologies and regulations in a specific historical situation that these become influential forces for change. The question raised is not whether international IP norms conform to African practices, nor whether media impose Western styles, but rather what local actors do with these regulations and how both local and Western practices and technologies impact on each other and co-exist. 'Intellectual property (IP) has become central to global governance but we have little idea of how this international legislation plays out on the ground. This pioneering book shows how local actors use IP rather than the other way around. A must-read for anyone interested in intellectual property.' Isabel Hofmeyr, Visiting Global Distinguished Professor, New York University; Professor of African Literature, University of the Witwatersrand 'A deeply engaging and evidence-rich analysis of the worlds into which intellectual property law, specifically copyright law, has entered in Africa and its effect on these worlds. This collection illustrates the best of what edited volumes can do: create a diverse, informed, and compelling conversation about a specific yet complex topic.' Dr. Hauke Dorsch, AMA African Music Archives, Johannes Gutenberg Universitat Mainz

Changes in family structures, demographics, social attitudes and economic policies over the last 60 years have had a large impact on family lives and correspondingly on family law. The Second Edition of this Handbook draws upon recent developments to provide a comprehensive and up-to-date global perspective on the policy challenges facing family law and policy round the world. The chapters apply legal, sociological, demographic and social work research to explore the most significant issues that have been commanding the attention of family law policymakers in recent years. Featuring contributions from renowned global experts, the book draws on multiple jurisdictions and offers comparative analysis across a range of countries. The book addresses a range of issues, including the role of the state in supporting families and protecting the vulnerable, children's rights and parental authority, sexual orientation, same-sex unions and gender in family law, and the status of marriage and other forms of adult relationships. It also focuses on divorce and separation and their consequences, the relationship between civil law and the law of minority groups, refugees and migrants and the movement of family members between jurisdictions along with assisted conception, surrogacy and adoption. This advanced-level reference work will be essential reading for students, researchers and scholars of family law and social policy as well as policymakers in the field.

- Clear and accessible, the book is Ideally suited for undergraduates who prefer a pedagogically informed style of text. - Can be used as a core text as well as helping students with revision. - Covers all the latest caselaw and debates. - The new edition features a revised website with a range of features, including multiple choice questions to assist students who may take the Solicitor Qualifying Exam in later years.

In 2005, the Supreme Court ruled in Kelo v. New London that a city might take property from one private owner and transfer it to another for economic redevelopment. The ruling marked a new interpretation of the Fifth Amendment to the Constitution, and set a precedent which has raised significant questions regarding government takings and property rights. The ruling also reawakened a public interest in private property and created a vicious reaction among many citizens, journalists, academics, and legislators. This book is unique because it offers an in-depth analysis of the case law found in the opinions and decisions of the state and federal courts, but also uses a variety of other sources including the oral argument before the Supreme Court, the amicus curiae briefs, American political and legal history, as well as the personal stories of those involved in the case. This book also analyzes the public backlash from several different perspectives including opinion polls, media coverage, academic articles and commentary, subsequent case law, and legislative action. Finally, this book offers an insightful critique of the case, including what the Supreme Court got wrong, what it got right, and where the law and courts should go from here.

Technological change has transformed the ways knowledge is developed and shared internationally. Accordingly, in the quarter-century since the WTO was established, and since its Agreement on Trade-Related Aspects of Intellectual Property Rights came into force, both the knowledge dimension of trade and the functioning of the IP system have been radically transformed. The need to understand and respond to this change has placed knowledge at the centre of policy debates about economic and social development. Recognizing the need for modern analytical tools to support policymakers and analysts, this publication draws together contributions from a diverse range of scholars and analysts. Together, they offer a fresh understanding of what it means to trade in knowledge in today's technological and commercial environment. The publication offers insights into the prospects for knowledge-based development and ideas for updated systems of governance that promote the creation and sharing of the benefits of knowledge.

Offering a fresh perspective on "nudging", this book uses legal paternalism to explore how legal systems may promote good policies without ignoring personal autonomy.

Routledge Q&As give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in an exam situation. Each book contains essay and problem-based questions on the most commonly examined topics, complete with expert guidance and fully worked model answers that help you to: Plan your revision: introducing how best to approach revision in each subject Know what examiners are looking for: identifying and explaining the main elements of each question to help you understand the best approach providing marker annotation to show how examiners will read your answer Gain marks, and avoid common errors: identifying common pitfalls students encounter in class and in assessment providing revision advice to help you aim higher in essays and exams Understand and remember the law: using diagrams as overviews for each answer to demonstrate how the law fits together The series is also supported by an online resource that allows you to test your progress during the run-up to exams. Features include: multiple choice questions, bonus Q&As and podcasts. www.routledge.com/cw/revision

1) The book provides an understanding of GI from legal and policy perspectives. 2) It focuses on the handloom industry in India. 3) The book will be of interest to departments of development studies, IPR studies, policy studies and South Asian studies across UK and USA.

Routledge Q&As give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in an exam situation. Each book contains up to fifty essay and problem-based questions on the most commonly examined topics, complete with expert guidance and fully worked model answers.

These new editions will provide you with the skills you need for your exams by:

• Helping you to be prepared: each title in the series has an introduction presenting carefully tailored advice on how to approach assessment for your subject
• Showing you what examiners are looking for: each question is annotated with both a short overview on how to approach your answer, as well as footnoted commentary that demonstrate how model answers meet marking criteria
• Offering pointers on how to gain marks, as well as what common errors could lose them: Aim Higher and Common Pitfalls offer crucial guidance throughout
• Helping you to understand and remember the law diagrams for each answer work to illuminate difficult legal principles and provide overviews of how model answers are structured

Books in the series are also supported by a Companion Website that offers online essay-writing tutorials, podcasts, bonus Q&As and multiple-choice questions to help you focus your revision more effectively.

Contracts for Construction and Engineering Projects provides unique and invaluable guidance on the role of contracts in construction and engineering projects. The work explores various aspects of the intersection of contracts and construction projects involving the work of engineers and other professionals engaged in construction, whether as project managers, designers, constructors, contract administrators, schedulers, claims consultants, forensic engineers or expert witnesses. Compiling papers written and edited by the author, refined and expanded with additional chapters in this new edition, this book draws together a lifetime of lessons learned in these fields and covers the topics a practising professional might encounter in construction and engineering projects, developed in bite-sized chunks. The chapters are divided into five key parts: 1. The engineer and the contract 2. The project and the contract 3. Avoidance and resolution of disputes 4. Forensic engineers and expert witnesses, and 5. International construction contracts. The inclusion of numerous case studies to illustrate the importance of getting the contract right before it is entered into - and the consequences that may ensue if this is not done - makes this book essential reading for professionals practising in any area of design, construction, contract administration, preparation of claims or expert evidence, as well as construction lawyers who interact with construction professionals.

Originally published in 1968, we were witnessing a new - and welcome - emphasis on Comparative Law, both in the Universities and even the practising profession, together with a quickened interest in the law of family relations. This volume provided a wealth of information for anyone wishing to study these relations in a widely comparative context. The chapters cover not only the basic law of marriage and divorce in a number of developing countries both in Asia and Africa, but also discuss in considerable detail the ways in which matrimonial property is regulated under different systems. This was a highly topical subject at the time, when our own law of matrimonial property was under criticism and active reconsideration. The book also treats such subjects as the eclipse of the patriarchal family in contemporary Islamic law, religious law and the modern family in Israel, the juristic basis and context of Parsi family law, and contemporary family law in Southern Africa.

Showcases a rights based participatory approaches to policy-making, practice and research with children and youth. conceptualise a rights based participatory approach. Interrogates the challenges and complexities in the implementation of a rights based participatory approach. Includes 17 newly-written chapters.

* Bridges the disciplines of litigation and neuropsychology in a modern UK context. * Conveys the complexity and huge amount of research data into an accessible medicolegal based neuropsychology text with relevance for both lawyers and psychologists. * A scientifically oriented exploration based on real-life case examples

Intellectual property (IP) has gained an unprecedented importance in the new world of globalization and the knowledge economy. However, experience, as well as cyclical attitudes toward IP, show that there is no universal model of IP protection. This comprehensive book considers new and emerging IP issues from a development perspective, examining recent trends and developments in this area. Presenting an overview of the IP landscape in general, the contributing authors subsequently narrow their focus, providing wide-ranging case studies from countries across Africa, Asia and Latin America on topical issues in the current IP discourse. These include the impact of IP on the pharmaceutical sector, the protection of life forms and traditional knowledge, geographical indications, access to knowledge and public research institutes, and the role of competition policy. The challenges developing countries face in the TRIPS-Plus world are also explored in detail. The diverse range of contributions to this thought-provoking book offer a wide variety of alternative perspectives on and solutions for the controversial issues surrounding the role of IP within sustainable development. As such, it will prove a stimulating read for government policy-makers, trade negotiators, academics, lawyers and IP practitioners in general, UN and other intergovernmental agencies, development campaigners and aid agencies, environmentalist groups and university students.

The discipline of law and economics has earned a reputation for developing plausible and empirically testable theories on the social functions and the impact of legal institutions. Property rights are a field in which this has been very successful. In this book, economic property rights theories are applied to case law in order to examine the practice and solution of real life conflicts. The author examines the economic problems which are dealt with in these cases and evaluate the courts' decisions from an economic angle. Cases are examined from across the UK, the US, Germany, Belgium and Canada to allow international comparisons to be made. These comparisons reveal that, regardless of the legal system, many legal issues have similar economic roots and therefore similar models of economic analysis can be applied. The analysis of these cases also shows that the discipline of law and economics is not only successful in developing explanatory models but also useful to generate better considerations and solutions for legal conflicts in individual cases. This book aims to bridge the gap between the academic and professional literature and demonstrate the benefits of the economic analysis of property rights cases to all those who are interested in law and economics.

This book explores the emerging engagement of EU law with care and carers. The book argues that the regulation of care by the EU is crucial because it enables the development of a broad range of policies. It contributes to the sustainability of society and ultimately it enables individuals to flourish. Yet, to date, the EU approach to regulating the caring relationship remains piecemeal and lacks the underpinning of a cohesive strategy. Against this backdrop, this book argues that the EU can and must take leadership in this area by setting principles and standards in accordance with the values of the treaty, in particular gender equality, human dignity, solidarity and well-being. The book further makes a case for a stronger protection for carers, who should not only be protected against discrimination, but should also be supported, valued and put in a position to make choices and lead full lives. In order to achieve this, a proactive approach to rebalancing the relationship between paid and unpaid work is necessary. Ultimately, the book puts forward a series of legal and policy recommendations for a holistic approach to care in the EU.