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

Analyzing sex offense laws and false claims, this book shows that laws based on vengeance rather than justice or evidence create new forms of harm while failing to address the real and pervasive problem of sexual violence. In this timely and extensively researched book, sociologist Emily Horowitz shows how current sex offense policies in the United States create new forms of harm and prevent those who have caused harm from the process of constructive repentance or contributing to society after punishment. Horowitz also illustrates the failure of criminal justice responses to social problems. Sharing detailed narratives from the experiences of those on registries and their loved ones, Horowitz reveals the social impact and cycle of violence that results from dehumanizing and banishing those who have already been held accountable. From Rage to Reason offers a new perspective on how and why false claims about sex offenses became so pervasive and how these myths fostered ineffective policies that have little to do with the reality of most sexual abuse. It argues that to truly prevent sexual abuse, we must unearth the sources of these misunderstandings, debunk these claims in a systematic way, and have frank and genuine discussions about the limits of legal responses to complex social problems. Analyzes the human impact of retributive justice Assesses the indirect harm caused by sex offense policies Offers new insight into the lived experiences of those convicted of sex offenses Considers how sex offense laws and regulations create new forms of violence Critiques the extent to which social problems can be addressed via the criminal justice system

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.

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.

This important research review considers the seminal legal articles in property law and its subtopics published during the 20th and 21st centuries. The coverage is broad, as comprehensive as possible, ranging from theoretical to practical and doctrinal. The authors of the pieces under discussion are primarily American and all stand as leading figures in their respective fields. The text places its focus on topics of current interest, including economic and non-economic theories of property, the takings problem, and the reform of the law of land-use servitudes.

Unrecognized in the United States and resisted in many wealthy, industrialized nations, children's rights to participation and self-determination are easily disregarded in the name of protection. In literature, the needs of children are often obscured by protectionist narratives, which redirect attention to parents by mythologizing the supposed innocence, victimization, and vulnerability of children rather than potential agency. In Perils of Protection: Shipwrecks, Orphans, and Children's Rights, author Susan Honeyman traces how the best of intentions to protect children can nonetheless hurt them when leaving them unprepared to act on their own behalf. Honeyman utilizes literary parallels and discursive analysis to highlight the unchecked protectionism that has left minors increasingly isolated in dwindling social units and vulnerable to multiple injustices made possible by eroded or unrecognized participatory rights. Each chapter centers on a perilous pattern in a different context: ""women and children first"" rescue hierarchies, geographic restriction, abandonment, censorship, and illness. Analysis from adventures real and fictionalized will offer the reader high jinx and heroism at sea, the rush of risk, finding new families, resisting censorship through discovering shared political identity, and breaking the pretenses of sentimentality.

This timely and practical guide compares the jurisdictional advantages of litigating a national IP right with those of the corresponding European unitary IP right. The study offers IP practitioners a meticulous yet principled basis for their jurisdictional decisions and shows why it is advantageous for infringers to litigate based on a national IP right and rightholders to litigate based on a European unitary IP right. Key features include: the first book to focus on jurisdiction strategies in intellectual property litigation coverage of intellectual property and private international law analysis of the latest case law of national courts and the European Court of Justice including, Case C-523/10, Wintersteiger and Case C-360/12, Coty Prestige helpful diagrams and tables providing easy access to key information and decision points a state-of-the-art overview of the relevant legal framework, including the Unified Patent Court Jurisdiction and the new European Union Trademark Regulation. Intellectual Property Jurisdiction Strategies is an essential resource for intellectual property practitioners throughout the EU. It will also appeal to advanced students and academics needing an up-to-date reference for research into intellectual property law and policy.

For approaching two decades, family courts have been accused of making life changing decisions about children and who they live with made in secret, away from the scrutiny of the public gaze. Recognising the force of these accusations, senior family courts judges have, over that time, implemented a raft of rule changes, pilot projects and judicial guidance aimed at making the family justice more accountable and transparent. But has any progress been made? Are there still suspicions that family judges make irrevocable, unaccountable decisions in private hearings? And if so, are those suspicions justified and what can be done to dispel them? In this important and timely new book, Clifford Bellamy, a recently retired family judge who has been at the sharp end of family justice during all these changes, attempts to answer those questions and more. He has spoken to leading journalists, judges and academic researchers to find out what the obstacles to open reporting are - be they legal, economic or cultural - and interweaves their insights with informed analysis on how the laws regulating family court reporting operate. Along the way he provides a comprehensive review of the raft of initiatives he has seen come and go, summarises the position now and uses this experience to suggest how this fundamental aspect of our justice system could adapt in the face of this criticism. Every professional working in the family justice system - lawyers, social workers, court staff and judges - as well as those who job it is to report on legal affairs, should read this informative, nuanced exposition of what open justice means and why it matters so much to those whose lives are upended by the family justice system.

The first part of this open access book sets out to re-examine some basic principles of trade negotiation, such as choosing the right representatives to negotiate and enhancing transparency as a cure to the public's distrust against trade talks. Moreover, it analyses how the Comprehensive and Progressive Agreement for the Trans-Pacific Partnership (CPTPP) might impact on the Regional Comprehensive Economic Partnership's (RCEP) IP chapter and examines the possible norm setters of Asian IP. It then focuses on the People's Republic of China's (PRC) trade and IP strategy against the backdrop of the power games between the PRC, India and the US. The second part of the book reflects on issues related to investor-state dispute settlement and its relationship with IP, such as how to re-calibrate the balance in international investment arbitration, and whether compulsory license of IP constitutes expropriation in India, the PRC and select ASEAN countries. The third part of the book questions and strives to improve some of the proposed IP provisions of CPTPP and RCEP and to redefine some aspects of international IP norms, such as: pre-grant patent opposition and experimental use exception; patent term extension; patent linkage and data exclusivity for the pharmaceutical sector; plant variety protection; pre-established damages for copyright infringement; and the restructuring of copyright limitations in the public interest. The open access edition of this book is available under a CC BY-NC-ND 3.0 licence on www.bloomsburycollections.com. Open access was funded by the Applied Research Centre for Intellectual Assets and the Law in Asia, School of Law, Singapore Management University.

What does conservatism, as a body of political thought, say about the legal regulation of intimate relationships, and to what extent has this thought influenced the Conservative Party's approach to family law? With this question as its focus, this book explores the relationship between family law, conservatism and the Conservative Party since the 1980s. Taking a politico- and socio-legal perspective, the discussion draws on an expansive reading of Hansard as well as recently released archival material. The study first sets out the political tradition of conservatism, relying largely on the work of Edmund Burke, before going on to analyse the discourse around the development of four crucial statutes in the field, namely: the Matrimonial and Family Proceedings Act 1984; the Family Law Act 1996; the Civil Partnership Act 2004; and the Marriage (Same Sex Couples) Act 2013. This work offers the first extended synthesis of family law, conservative political thought and Conservative Party politics, and as such provides significant new insight into how family law is made. Runner up of the 2020 PSA Conservatism Studies Book Prize.

Principles of the Law of Sale and Lease sets out concisely the general principles relating to these specific contracts.

Written by experts in the field, the third edition will assist practitioners and law students alike to understand and apply the law relating to these specific contracts.

The book is organised in two parts, integrating the common-law principles as well as the recently introduced consumer protectionist statutory provisions on sale and lease.

Contents Include:

Sale
- Definition of Contract of Sale
- Sources of Law of Sale
- Contract of Sale and Transfer of Rights in Property Sold
- Requirements for a Valid Sale Contract
- Seller’s and Buyer’s Rights and Obligations
- Pre-Contractual Obligations
- Formalities, Content and Interpretation
- Seller’s and Buyer’s Residual and Statutory Obligations
- Particular Contracts of Sale

Lease
- Introduction
- Sources of Law
- Definition and Essentials of a Lease
- Duties of the Lessor
- Duties of the Lessee
- Subletting, Cession and Assignment
- Transfer of the Lessor’s Title: Huur Gaat Voor Koop
- Termination of a Lease
- Lessee’s Right to Compensation for Improvements
- Residential Lease and the Rental Housing Act 50 of 1999

Patent holders are increasingly making voluntary, public commitments to limit the enforcement and other exploitation of their patents. The best-known form of patent pledge is the so-called FRAND commitment, in which a patent holder commits to license patents to manufacturers of standardized products on terms that are ''fair, reasonable and non-discriminatory.'' Patent pledges have also been appearing in fields well beyond technical standard-setting, including open source software, green technology and the biosciences. This book explores the motivations, legal characteristics and policy goals of these increasingly popular private ordering tools. Jorge Contreras and Meredith Jacob bring together work by more than a dozen international experts who examine the phenomenon of patent pledges from a variety of perspectives and analytical frameworks. The book assesses patent pledges as mechanisms for facilitating platform promotion, open innovation, economic development and environmental sustainability. Legal practitioners who are involved in intellectual property licensing, litigation and business transactions will find this book a key resource, as will in-house lawyers and managers at firms engaged in technology development and standardization. It will also be a key reference for scholars in law, economics, business and political science. Contributors include: C. Asay, B. Awad, M. Bohannon, M. Callahan, J. Contreras, D. Greenbaum, M. Jacob, Y. Kim, M. Maggiolino, C. Maracke, A. Metzger, L. Montagnani, J. Schultz, S. Scott, T. Sebastian, N. Shanahan, R. Sichel, R. Sikorski, T. Simcoe, D. Valz, L. Vertinsky, E. Wang, E. Winston, S.-S. Yi