Copyright laws worldwide were created for a publishing world where books were tangible, printed in a limited number and sold within territory based markets. Technological changes are giving place to a new book market where books are intangible, exist in unlimited number of copies and travel worldwide in an increasingly global market. In this emerging global book market made possible by the conjunction of the Internet, e-book technologies, DRM and print on demand devices, the three important legal concepts traditionally used in copyright laws have become obsolete: territory, property and the Aristotelian idea of justice. These three concepts were well suited to the tangible book market but are no longer for the virtual book market where persons matter more than objects. This book invites the reader to explore the specific functioning of the virtual economy. It proposes guidelines to modernize copyright law so that it can foster an adequate use of new communication technologies. For the first time in History, the humankind has acquired a technology that allows to create a world of information affluence and freedom of speech or its opposite. This book explains why the option for abundance and freedom must prevail, how the law can support this movement and what would be, to the contrary, the disastrous consequences of the other option. This book goes beyond a simple reflection on the book market and considers the choice of society, even of civilization implied by the use, right or wrong, of the new communication technologies.

In November 1998, the Hawaii and Alaska electorates voted to amend their state constitutions so that same-sex marriages would not have to be recognized. Rather than end the controversy surrounding same-sex marriages, the passage of these amendments will only spur more litigation, because the referenda themselves implicate constitutional guarantees and because amending a state constitution cannot lessen federal constitutional protections. Since same-sex marriages promote many of the same individual and state interests that opposite-sex marriages do, states will be unable to justify their same-sex marriage bans if those rationales are closely examined. When challenged, the recent constitutional amendments in Hawaii and Alaska may well be held unconstitutional by the state supreme courts on federal constitutional grounds, although ultimately the United States Supreme Court will likely be asked to resolve the relevant issues.

Suppose that state same-sex marriage bans are held not to violate federal constitutional guarantees, but that one state nonetheless recognizes such unions. The other states will be permitted to refuse to recognize marriages celebrated in that state only if certain conditions have been met. Contrary view notwithstanding, the law of nature exception will not apply in this case. Further, even the Defense of Marriage Act will likely not afford states the right to refuse to recognize any and all same-sex marriages validly celebrated in sister states.

On November 20, 1989, the United Nations unanimously adopted the Convention on the Rights of the Child. Therefore, November 20 has become a date which signals the recognition by the international community that children have developmental and autonomy rights as essential benchmarks for children themselves and for those responsible for their well-being and healthy development. However, as long as society, through international cooperation, lacks serious investment in child development, the rights of all children especially the rights of young children and children living in exceptionally difficult conditions are soft rights only. The emancipation of the young child and the rehabilitation and emancipation of those who are deprived, exploited, abused, and neglected remain in a legal shadowland. This book explores this legal shadowland, introducing the concepts of the 'Trias pedagogica' and 'Transism, ' in order to shed light on the obligations and responsibilities of states and other actors in the empowerment of children, caregivers, and communities.

Since the introduction of the European Unfair Contract Terms Directive (UCTD), there have been far-reaching developments in the digital landscape which have significantly altered the nature of consumer contracts. This timely book examines the changes that have taken place since the advent of the UCTD and analyses the challenges that they pose for consumers entering online standard form contracts today. Illuminating the ways in which digital technology has revolutionised markets and caused a growing number of traders to transition to online business models, Unfair Contract Terms in the Digital Age assesses how the modern contracting landscape adversely impacts consumers. Chapters explore the manifold risks of digitalisation, addressing issues from the lack of transparency of website terms and conditions to the new reach of mass market operators exerting control over European consumers. Against the backdrop of this digital transformation, the book evaluates the key features of the UCTD, questioning whether the Directive can adequately protect Europe's online consumers and counter the perils of unfair terms in standard form contracts. This cutting-edge book is an invaluable resource for scholars and students of consumer law, regulation, and public policy. Policy-makers in EU institutions will also benefit from its assessment of unfair terms law in the digital era.

While outer space itself remains out of reach for most of us, the results of space activities and developments from space technology are becoming increasingly integrated in our daily lives. Recognising the importance of these technologies, this book explores how existing legal protection methods may be enforced if the unauthorised use takes place beyond conventional territorial borders in outer space. In this detailed and considered study, Tosaporn Leepuengtham examines the problems which may arise in terms of the protection of intellectual property rights in space activities under two national jurisdictions; the US and the UK. She explores the conflict between intellectual property law's scheme of private exclusive rights and the fundamental principle of space law, which is the common heritage of mankind. Furthermore, this book offers potential solutions to this conflict, including suggestions for best practice implementation of law and policy recommendations for balancing and better protecting the interest of rights holders and the public in space activities. Raising pertinent questions, it eloquently provides a springboard for future study. Novel and engaging, this book will appeal to scholars and students of Intellectual Property Law and various related topics including patent and copyright law, space law, private international law and technology law. Government agencies, policy makers and officials, in particular those responsible for issuing and implementing law, regulations and policies governing space industry will also find a wealth of knowledge herein.

Professor Stazi's volume on biotechnological inventions is an excellent work that any scholar or practitioner in this complex area of law should not only read, but also frequently consult. This detailed, systematic and comprehensive explanation of the provisions on 'patentability of life' - both in the EU and the USA - is combined with the related theories and constructions as well as the relevant case law. In this regard, the author offers a balanced overview of the relevant provisions and their explicit or implied exceptions.' - Alberto Musso, University of Bologna, Italy'The appropriate protection of biotechnological inventions and the so-called 'patentability of life' are one of the most crucial questions of modern intellectual property. It is also one of the most debated, as it involves not only complex legal issues but raises high social, ethical and even sometimes religious concerns. Professor Stazi's book is thus a very timely contribution, managing the 'tour de force' of combining serious and comparative doctrinal analysis of the criteria (and the limits) of patentability, while at the same time offering a good overview of the challenges with regard to bioethics and fundamental rights. Without any doubt, this volume will enrich the already excellent series on New Directions in Patent Law.' - Christophe Geiger, CEIPI, University of Strasbourg, France In today's technological world, biotechnology is one of the most innovative and highly invested-in industries for research, in the field of science. This book analyzes the forms and limitations of patent protection recognition for biotechnological inventions, with particular regard to patentability of life. The author expertly compares the United States model, traditionally based on technical evaluations, with the European model, inspired by fundamental rights and bioethics. He highlights how the regulation of biotechnological inventions should guarantee a fair balance between protection of investment and access to information, which is essential for further research and innovation. Academics and practitioners dealing with intellectual property, patent law and biotechnological inventions will find this book to be of interest. The topics discussed will also be useful for patent offices and medical institutions, as well as medical researchers.

This work presents an authoritative examination of the inter-relationships between the law, intellectual property rights, biodiversity protection, biotechnology and the protection of traditional knowledge. It includes twenty-eight chapters from dozens of international legal and scientific experts containing a comprehensive assessment of the issues complete with thorough references; and an essential references for all legal libraries, legal practitioners, science libraries, corporations involved in pharmaceuticals or biotechnology and conservationists and other NGOs. How do we promote global economic development, while simultaneously preserving local biological and cultural diversity? This authoritative volume, written by leading legal experts and biological and social scientists from around the world, aims to address this question in all of its complexity.

Recently, many political voices have indicated a strong desire to track down absent fathers who have absconded without fulfilling child support obligations to their biological or adopted children. This renewed interest in deadbeat dads has resulted from a recognition that the social welfare programs, which pick up the tab for abandoned children, are contributing significantly to an ever-increasing federal budget deficit. Meanwhile, in a large number of cases, there simply isn't enough money for an absent parent to maintain his own separate support and fulfill the support obligations that the law requires. This book explores the history, reforms, and consequences of child support in America. The authors have included case studies as well as discussions on the psychological consequences of separating families, effects of divorce laws on the award of child support, contested paternity, and child custody alternatives. They conclude with a discussion on economic responsibility and the deadbeat epidemic. The book is intended to empower the larger number of parents who are caught in the midst of overworked agencies, discouraging tales, and the lack of information that keeps them paralyzed from acting on their own behalf.

This book provides a comprehensive, interdisciplinary and highly accessible introduction to water resource management, covering topics such as: the ecology of surface waters international regulations and economics stakeholder participation in management tools and methods for decision making integrated modelling decision making and water policies stakeholder participation and social issues. Experts across a wide range of specialist fields including social sciences, informatics, ecology and hydrology are brought together in this truly multidisciplinary approach to water management. They provide the reader with integrated insights into water resource management practices that underpin the three pillars of sustainable development - environment, economics and society - through a series of international case studies and theoretical frameworks.

This book considers how a phenomenon as complex as coercive control can be criminalised. The recognition and ensuing criminalisation of coercive control in the UK and Ireland has been the focus of considerable international attention. It has generated complex questions about the "best" way to criminalise domestic abuse. This work reviews recent domestic abuse criminal law reform in the UK and Ireland. In particular, it defines coercive control and explains why using traditional criminal law approaches to prosecute it does not work. Laws passed in England and Wales versus Scotland represent two different approaches to translating coercive control into a criminal offence. This volume explains how and why the jurisdictions have taken different approaches and examines the advantages and disadvantages of each. As jurisdictions around the world review what steps need to be taken to improve national criminal justice responses to domestic abuse, the question of what works, and why, at the intersection of domestic abuse and the criminal law has never been more important. As such, the book will be a vital resource for lawyers, policy-makers and activists with an interest in domestic abuse law reform.

Readings in Law and Popular Culture is the first book to bring together high quality research, with an emphasis on context, from key researchers working at the cutting-edge of both law and cultural disciplines.

Fascinating and varied, the volume crosses many boundaries, dealing with areas as diverse as football-based computer games, Buffy the Vampire Slayer, digital sampling in the music industry, the films of Sidney Lumet, football hooliganism, and Enid Blyton. These topics are linked together through the key thread of the role of, or the absence of, law - therefore providing a snapshot of significant work in the burgeoning field of law and popular culture.

Including important theoretical and truly innovative, relevant material, this contemporary text will enliven and inform a legal audience, and will also appeal to a much broader readership of people interested in this highly topical area.

'This book fills a gap in IP law. There are many publications on substantive and procedural law in IP litigation. But it was impossible to find a book that addresses the role of the judiciary in IP like this one does. It provides unique insights into the matter from a variety of angles. It brings together editors and authors from the bench, the bar and academia coming from all over Europe, the US and Japan. This book is a must-have for everyone who has an interest in international IP litigation.' - Klaus Grabinski, Justice, Federal Court of Justice (Bundesgerichtshof), Germany 'This volume makes an important contribution to our understanding of the contours of intellectual property protection through a critical examination of the global trend to adjudicate IP disputes in specialized courts. The editors have assembled an extraordinary group of scholars, practitioners and judges to compare their experiences with various adjudicatory structures.' - Rochelle Dreyfuss, New York University, School of Law, US Intellectual Property and the Judiciary examines the role of judges in the development, interpretation, and application of intellectual property (IP) law and norms. In this regard, the authors engage in a comparative analysis of various national, European and international court systems while also exploring the competing and complementary roles of legislators and executive actors. Each chapter seeks to capture the comparative institutional advantages of government bodies within existing legal frameworks as well as offering a thorough examination of both the common law and civil law traditions in the context of judicial treatment of IP. The result is a series of proposals relating to the architecture of judiciaries and the functional role of judges with the goal of optimally positioning jurists to address complex issues and advance IP doctrine and policy. Featuring high-level authors from both academia and practice, the book will be of great interest to academic researchers and practicing lawyers who have a focus on IP. It will be of particular value to those who are engaged in the rapidly changing enforcement environment of intellectual property rights. Contributors include: V. Cassiers, M. Ekvad, S. Frankel, C. Geiger, D. Gervais, S. Granata, J. Griffiths, E. Izyumenko, T. Kandeva, S. Lugienbuehl, B. Lynn, S. Martin, C. Mulder, M.O. Muller, C. Nard, K. O'Malley, C.S. Petersen, A. Plomer, J. Schovsbo, X. Seuba, A. Strowel, T. Takenaka, A. von Muhlendahl, G. Wurtenberger, P. Yu

With the proliferation of Internet access, e-commerce systems are increasingly important as a new and effective method to distribute, transact, and exploit digital multimedia content. With the growth of multimedia content, management and protection become a critical issue, creating a need for digital rights management systems. Digital Rights Management for E-Commerce Systems highlights innovative technologies used for the design and implementation of advanced e-commerce systems facilitating digital rights management and protection. Through comprehensive coverage of the full range of technological, legal, and social issues related to digital rights management, this authoritative scholarly work provides researchers, practitioners, and students with a complete understanding of the most critical concerns of today's digital content industry.

Consumers routinely enter into long-term contracts with providers of goods and services - from credit cards, mortgages, cell phones, insurance, TV, and internet services to household appliances, theatre and sports events, health clubs, magazine subscriptions, transportation, and more. Across these consumer markets certain design features of contracts are recurrent, and puzzling. Why do sellers design contracts to provide short-term benefits and impose long-term costs? Why are low introductory prices so common? Why are the contracts themselves so complex, with numerous fees and interest rates, tariffs and penalties?
Seduction by Contract explains how consumer contracts emerge from the interaction between market forces and consumer psychology. Consumers are short-sighted and optimistic, so sellers compete to offer short-term benefits, while imposing long-term costs. Consumers are imperfectly rational, so sellers hide the true costs of products and services in complex contracts. Consumers are seduced by contracts that increase perceived benefits, without actually providing more benefits, and decrease perceived costs, without actually reducing the costs that consumers ultimately bear.
Competition does not help this behavioural market failure. It may even exacerbate it. Sellers, operating in a competitive market, have no choice but to align contract design with the psychology of consumers. A high-road seller who offers what she knows to be the best contract will lose business to the low-road seller who offers what the consumer mistakenly believes to be the best contract. Put bluntly, competition forces sellers to exploit the biases and misperceptions of their customers.
Seduction by Contract argues that better legal policy can help consumers and enhance market efficiency. Disclosure mandates provide a promising avenue for regulatory intervention. Simple, aggregate disclosures can help consumers make better choices. Comprehensive disclosures can facilitate the work of intermediaries, enabling them to better advise consumers. Effective disclosure would expose the seductive nature of consumer contracts and, as a result, reduce sellers' incentives to write inefficient contracts.
Developing its explanation through a general framework and detailed case studies of three major consumer markets (credit cards, mortgages, and cell phones), Seduction by Contract is an accessible introduction to the law and economics of consumer contracts, and a powerful critique of current regulatory policy.

First published in 1992. Routledge is an imprint of Taylor & Francis, an informa company.

First published in 2005. Routledge is an imprint of Taylor & Francis, an informa company.

First published in 2005. Routledge is an imprint of Taylor & Francis, an informa company.

International Intellectual Property: A Handbook of Contemporary Research aims to provide researchers and practitioners of international intellectual property law with the necessary tools to understand the latest debates in this incredibly dynamic and complex field. The book combines doctrinal analysis with ground-breaking theoretical research by many of the most recognized experts in the field. At its core, it offers overviews of the structure and content of the two instruments that can undoubtedly be considered historically as the most important intellectual property treaties, namely the Berne Convention on the Protection of Literary and Artistic Works and the Paris Convention on the Protection of Industrial Property. Several chapters also discuss parts of the TRIPS Agreement. This important book will prove a valuable resource for students and academics of international intellectual property wishing to obtain useful knowledge of current issues such as conflicts between intellectual property (especially patents and trademark) rights, geographical indications, protection of luxury brands, orphan works and innovation. Contributors: P. Baechtold, I. Calboli, K. de la Durantaye, G.B. Dinwoodie, R.C. Dreyfus, S. Frankel, C. Geiger, D.J. Gervais, J. Ginsburg, S.F. Halabi, E.F. Judge, T. Miyamoto, C.A.M. Mulder, L.P. Ramsey, S. Ricketson, G.R. Scott, M. Senftleben, H. Sun, P.K. Yu

This invaluable book, for the first time, brings together the international and European Union legal framework on cultural property law and the restitution of cultural property. Drawing on the author?s extensive experience of international disputes, it provides a very comprehensive and useful commentary.Theories of cultural nationalism and cultural internationalism and their founding principles are explored. Irini Stamatoudi also draws on soft law sources, ethics, morality, public feeling and the role of international organisations to create a complete picture of the principles and trends emerging today.This book will be highly useful to academics, postgraduate students, practitioners and policy makers in the field of cultural heritage or cultural property law. It will also be of great interest to those researching in the areas of museum studies or cultural diplomacy.

First published in 2005. Routledge is an imprint of Taylor & Francis, an informa company.

First published in 2005. Routledge is an imprint of Taylor & Francis, an informa company.

The foundations of tort law differ considerably in the various European legal systems. For a number of years a group of tort law experts, the European Group on Tort Law, has been engaged in a systematic examination of the fundamental questions of tort law with a view to formulating principles which will contribute to a "common law of Europe". Although the work has been centred on Europe, it has been informed by contributors from a number of overseas systems. This is the ninth volume in a series setting out the results of the work of the Group: earlier volumes have covered matters such as wrongfulness, causation, contributory negligence and liability for others In this volume, the authors provide an overview of the law governing multiple tortfeasors (the situation where the victim of a tort contends that more than one person is responsible for an injury suffered by him) seen from the angle of fifteen legal systems. The law has two aspects: the "external" one relating to the relationship between the victim and the tortfeasors, particularly the question of how far each is liable to the victim for the whole damage; and the "internal" relationship of the tortfeasors, raising issues of recourse inter se. Each country report consists of an account of the theoretical basis of the law in this area, together with an examination of its operation via a variety of factual situations. There is also a comparative report which summarizes the most important elements identified by the country reports and identifies the existing common ground. This volume provides the legal scholar and the practitioner with a wealth of information and insights on a complex and controversial area of law in an accessible form.

Over the years, photographs have enjoyed a variety of forms of protection, but traditionally the protection of photographs has been placed within the law of copyright. While photography as a technique has been around for 150 years, protection issues in photography, as in copyright in general, have been complicated by the advent of new technology, enabling the digital storage, alteration, and reproduction of images and facilitating their global dissemination via the Internet. Until now, very little has been written in English about the protection of photographs. This work provides an overview of the law and history of photograph protection in 16 jurisdictions. Each country chapter provides a survey of the major issues of photographic protection, broken down for easy reference into eight sections: definition, originality, authorship and ownership, term of protection, economic rights, moral rights, contracts and the relationship of copyright with privacy and publicity rights. This book should be of interest to anyone concerned about the discrepancies within the copyright protection scheme in an age of increasing globalization. In particular, it should be useful for copyright lawyers, collecting societies, photographers, photograph agencies and publishers seeking clear information about the copyright implications of photographs.

First published in 2005. Routledge is an imprint of Taylor & Francis, an informa company.