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Books > Law > Laws of other jurisdictions & general law > Private, property, family law
Reconciling Copyright with Cumulative Creativity: The Third
Paradigm examines the long history of creativity, from cave art to
digital remix, in order to demonstrate a consistent disparity
between the traditional cumulative mechanics of creativity and
modern copyright policies. From Platonic mimesis to Shakespeare's
'borrowed feathers', culture was produced under a paradigm in which
imitation, plagiarism, and social authorship formed key elements of
the creative moment (the 1st paradigm). However, the cumulative
nature of creativity is rarely accounted for in modern copyright
policies, which build upon a post-Romantic individualistic view
emphasizing absolute originality rather than imitation (the 2nd
paradigm). Today, in an era of networked mass collaboration and
user-based creativity, the enclosure of knowledge brought about by
an ever-expanding copyright paradigm seems archaic, and a
deliberate defiance of inevitable cultural evolution. Giancarlo
Frosio calls for returning creativity to an inclusive rather than
exclusive process, so that the 1st and 2nd creative paradigms can
be reconciled into an emerging third paradigm. This ground-breaking
work will appeal to those interested in both the history and future
of creativity and copyright.
This is a practical and comprehensive guide to making a claim under
the government's tariff based scheme for compensating victims of
violent crime. This new edition uniquely pulls together, in one
handy volume, the original 1996 tariff based scheme, the 2001
scheme, the 2008 scheme and the tribunal rules that accompany it,
as well as the latest 2012 scheme. Divided into three sections -
eligibility, assessment of compensation, and the procedural aspects
of the scheme - this text provides a one-stop source of information
for all those practising in this field. Considered the definitive
book on the subject, its key features include: * commentary on all
the recent judicial review decisions * detailed guidance on the
approach of the authority and the First Tier Tribunal to some of
the more difficult issues of interpretation of the schemes *
specific guidance on the approach to and calculation of an
applicants' losses * detailed summaries of relevant case law *
practical advice on preparing, obtaining evidence for and
presenting claims * detailed reference to the procedural rules,
practice directions and the Guides to each Scheme. This is
essential reading for practitioners looking to improve their
applicants' chances of receiving the appropriate compensation.
The Research Handbook on EU Tort Law critically examines tort
liability arising from EU law. It brings together for the first
time different elements of EU tort law to provide a comprehensive
overview of the institutional liability of the EU, member state
liability and liability arising from a variety of EU legislation.
Contributors are experts in their field and range from the UK and
Ireland to France, Germany, the Netherlands and Hungary. The impact
of EU tort law on national legal systems is wide-ranging. It
extends to areas as diverse as consumer law, competition law, data
protection law, employment law, insurance law and financial
services law. The Research Handbook provides a detailed analysis of
these areas of law and considers the extent to which we can now
identify an emerging European culture of tort law. It further
analyzes the impact of proposals to harmonise European tort law and
considers the impact of Brexit on EU tort law. The Research
Handbook offers an authoritative reference point for academics,
students and practitioners studying or working in EU law, private
law and comparative law. Comprehensive and informative, it is also
accessible for those approaching the subject for the first time.
Contributors include: J. Blackie, J. Davey, M. Faure, P. Giliker,
M.-P. Granger, K. Gutman, J. Knetsch, D. Leczykiewicz, M.
Martin-Casals, J. Mulder, L. Niglia, O. Odudu, C. Riefa, S.
Saintier, A. Sanchez-Graells, K. Stanton, M. Stauch, F. White
The legal issues surrounding the online distribution of content
have recently gained prominence due to the European Commission's
commitment to the Digital Single Market (DSM). This book is one of
the first to provide highly topical analysis of the key legal
challenges surrounding the online distribution of content, with
particular focus on intellectual property rights, competition law
and the regulation of new technologies. Central to the book is the
question of whether the Commission's proposed legislative solutions
will lead to a more coherent, or more fragmented, legal framework
at both EU and member state level. Experts within the field assess
how current legislation can be effectively applied and look ahead
to examine how potential issues raised by emerging technologies,
and the need to develop the online content market beyond the DSM
proposal, can be anticipated and addressed. Providing a
well-rounded view of the subject, this book will be of interest to
scholars working within copyright, competition, and consumer law as
well as those researching the development of the internal market
more widely. Practising lawyers and in-house counsel who work on
licensing and distribution agreements within Europe will also
benefit from the analysis of new DSM legislation and associated
case studies. Contributors include: A. Alen-Savikko, R.M.
Ballardini, M.C. Gamito, K. Havu, K. He, O. Honkkila, M. Kivistoe,
T. Knapstad, G. Mazziotti, D. Mendis, P. Mezei, V. Moscon, M.
Oker-Blom, T. Pihlajarinne, T. Roos, J. Vesala, K. Weckstroem
Lindroos
At a time when Asia represents the fastest growing economic region,
there is no better moment to consider what trusts law can
contribute to societal stability and economic prosperity. This book
does this by offering the first work that systematically explores
trusts law across the region. Many Asian-Pacific jurisdictions have
integrated and developed trusts law in their legal systems; either
through colonial heritage or statutory activism. But the diversity
of legal traditions and local contexts has resulted in trusts laws
having a significantly varied impact across the region. In the
modern globalised world there is growing need to adopt an outward
looking approach in dealing with matters of common interest. This
book answers this need by bringing together leading legal scholars
and practitioners in the region to explore the theory and practice
of trusts law, contextualised to specific jurisdictions in the
Asia-Pacific. Exploring 17 jurisdictions in Asia, it bring both an
academic and practitioner perspective to trusts law in the region.
Oscar Wilde had one of literary history's most explosive love
affairs with Lord Alfred "Bosie" Douglas. In 1895, Bosie's father,
the Marquess of Queensberry, delivered a note to the Albemarle Club
addressed to "Oscar Wilde posing as sodomite." With Bosie's
encouragement, Wilde sued the Marquess for libel. He not only lost
but he was tried twice for "gross indecency" and sent to prison
with two years' hard labor. With this publication of the uncensored
trial transcripts, readers can for the first time in more than a
century hear Wilde at his most articulate and brilliant. The Real
Trial of Oscar Wilde documents an alarmingly swift fall from grace;
it is also a supremely moving testament to the right to live, work,
and love as one's heart dictates.
The music business is a multifaceted, transnational industry that
operates within complex and rapidly changing political, economic,
cultural and technological contexts. The mode and manner of how
music is created, obtained, consumed and exploited is evolving
rapidly. It is based on relationships that can be both
complimentary and at times confrontational, and around roles that
interact, overlap and sometimes merge, reflecting the competing and
coinciding interests of creative artists and music industry
professionals. It falls to music law and legal practice to provide
the underpinning framework to enable these complex relationships to
flourish, to provide a means to resolve disputes, and to facilitate
commerce in a challenging and dynamic business environment. The
Present and Future of Music Law presents thirteen case studies
written by experts in their fields, examining a range of key topics
at the points where music law and the post-digital music industry
intersect, offering a timely exploration of the current landscape
and insights into the future shape of the interface between music
business and music law.
In an increasingly globalised world, place and provenance matter
like never before. The law relating to Geographical Indications
(GIs) regulates designations which signal this provenance. While
Champagne, Prosciutto di Parma, Cafe de Colombia and Darjeeling are
familiar designations, the relevant legal regimes have existed at
the margins for over a century. In recent years, a critical mass of
scholarship has emerged and this book celebrates its coming of age.
Its objective is to facilitate an interdisciplinary conversation,
by providing sure-footed guidance across contested terrain as well
as enabling future avenues of enquiry to emerge.The distinctive
feature of this volume is that it reflects a multi-disciplinary
conversation between legal scholars, policy makers, legal
practitioners, historians, geographers, sociologists, economists
and anthropologists. Experienced contributors from across these
domains have thematically explored: (1) the history and conceptual
underpinnings of the GI as a legal category; (2) the effectiveness
of international protection regimes; (3) the practical operation of
domestic protection systems; and (4) long-unresolved as well as
emerging critical issues. Specific topics include a detailed
interrogation of the history and functions of terroir; the present
state as well as future potential of international GI protection,
including the Lisbon Agreement, 2015; conflicts between trade marks
and GIs; the potential for GIs to contribute to rural or
territorial development as well as sustain traditional or
Indigenous knowledge; and the vexed question of generic use. This
book is therefore intended for all those with an interest in GIs
across a range of disciplinary backgrounds. Students, scholars,
policy makers and practitioners will find this Handbook to be an
invaluable resource. Contributors include: E. Barham, D. Barjolle,
L. Berard, D.S. Gangjee, D. Gervais, M. Geuze, B. Goebel, M.
Groeschl, M. Handler, C. Heath, D. Marie-Vivien, J.M.C. Martin, P.
Mukhopadhyay, D. Rangnekar, B. Sherman, A. Stanziani, S. Stern, A.
Taubman, L. Wiseman, H. Zheng
This fully updated book offers a compact and accessible account of
EU intellectual property law and policy. The digital age brings
many opportunities, but also presents continuing challenges to IP
law as the EU's programme of harmonisation unfolds. As well as
addressing the main IP rights (copyright, patents, designs, trade
marks and related rights), the book also considers IP's
relationship with the EU's rules on free movement of goods and
competition, as well as examining the enforcement of IP rights.
Taking account of numerous changes, this timely second edition
covers the substantive provisions and procedures which apply
throughout the EU, making extensive reference to the case law. The
author considers how the exploitation of intellectual property is
increasingly global; harmonisation, in contrast, is only partial,
even at the EU level. In response, the book sets EU IP law in its
wider international context. It also seeks to highlight policy
issues and arguments of relevance to the EU, in its relations both
within the Union and with the rest of the world. Designed as a
compact and approachable account of these difficult and technical
areas, and with advice on further reading and research, this unique
book is useful both as a work of reference and for more general
study. It is essential reading for postgraduate students, academic
researchers and legal practitioners alike.
This timely book provides a comprehensive survey of recent
development in intellectual property (IP) law within the
Association of Southeast Asian Nations (ASEAN) countries, written
by experienced scholars and practitioners in the field. Divided
into three insightful parts, the book looks into recent IP
developments in individual countries, examining the relationship of
ASEAN as a group with the wider region in IP matters, as well as
providing comparative studies of copyright infringements, IP in
agriculture, IP enforcement, and pharmaceutical patenting in the
ASEAN countries. Chapters investigate further pressing topics such
as IP related to the innovation economy, covering all countries of
ASEAN, recently concluded bi- and multilateral agreements and ASEAN
IP negotiations with China and other trading partners. Providing
regional and international analysis of ASEAN IP law across multiple
sectors, this book will prove a valuable resource for IP
practitioners, legal academics and law students concerned with
Asian IP law and innovation. Students interested in the
intersection between IP law, economy and society, from disciplines
such as economics, business and political science, will also
benefit from this detailed read.
This review discusses the most important and influential papers in
the field of Equity and Trusts. While taking seriously the intimate
and historical relationship between English Equity and the law of
trusts, it also addresses new and comparative perspectives on the
subject, bringing together common law and civil law, doctrinal
scholarship and socio-legal analysis, historical approaches to
Equity and functional ones. The review includes a wide range of
authors and outlooks ranging from Frederic Maitland to recent
material on fiduciary obligations and discretionary trusts,
highlighting the universality of Equity as a body of law, and the
nature of the Trust as a fundamental juristic institution. This
literary piece promises to be a useful tool for academics
captivated by this subject area.
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.
This second edition has been completely rewritten to reflect recent
changes and new trends that have emerged since the popular first
edition was published. Copyright law has become a fast moving area,
which is reflected in the wealth and diversity of research. This
comprehensive Research Handbook is situated at the cutting edge of
current copyright research, with each chapter written by a leading
author in that particular field. The Research Handbook begins with
an examination of fundamental questions such as the historical
foundations of copyright, the basic concept of originality and the
significant discussion on communication to the public. The
contributors then focus on moral rights and the artist resale
right. In-depth treatment of specialist topics is provided,
including copyright contracts, collective management, issues
surrounding streaming and sampling, cultural heritage, orphan
works, search engines and the potential for a public policy
exclusion. The Research Handbook provides global coverage while
also considering specific jurisdictions and private international
law. The Research Handbook on Copyright Law is a rich research tool
that reflects the wealth and diversity of the ongoing research in
copyright. It is essential reading for students and researchers in
copyright and intellectual property law, as well as practitioners
and policymakers. Contributors include: P.C. Aguila, F. Brison, S.
Depreeuw, G. Dimita, Y. Gendreau, N.H.B. Hang, M.-C. Janssens, B.J.
Jutte, T. Kien, J. Koo, A. Lucas-Schloetter, G. Minero, B. Mullisi,
S. Nerisson, J. Pila, E. Rengifo, T. Riis, J. Schovsbo, I.A.
Stamatoudi, U. Suthersanen, M.J. Tawfik, P. Torremans, H. Vanhees,
C. Waelde
Since the end of the Second World War, increasing numbers of women
have decided to become mothers without intending the biological
father or a partner to participate in parenting. Many conceive via
donor insemination or adopt; others become pregnant after a brief
sexual relationship and decide to parent alone. Using a feminist
socio-legal framework, Autonomous Motherhood? probes fundamental
assumptions within the law about the nature of family and
parenting. Drawing on a range of empirical evidence, including
legislative history, case studies, and interviews with single
mothers, the authors conclude that while women may now have the
economic and social freedom to parent alone, they must still
negotiate a socio-legal framework that suggests their choice goes
against the interests of society, fatherhood, and children.
Lord Justice Jackson's retirement in March 2018 concluded a career
of almost 20 years on the bench. His judicial career has seen a
remarkable transformation of construction law, construction law
litigation and the litigation landscape more generally. Drawing the
Threads Together is a Festschrift which considers many of the
important developments in these areas during the Jackson era. The
Festschrift discusses most of the leading construction cases
decided by Lord Justice Jackson, with subject matter including
statutory adjudication, fitness for purpose obligations,
consideration, delays and extensions of time, liquidated damages,
time bar provisions, the prevention principle, neighbour rights,
limitation clauses, negligence, good faith, bonds and guarantees
and concurrent duties of care. It also includes a discussion of the
background to the Jackson Review of Civil Litigation Costs
(2009-2010) and its impact on litigation, as well as considering
the development of the Technology and Construction Court during and
subsequent to Mr Justice Jackson's tenure as judge in charge of
that court.
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