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Copyright, Contracts, Creators - New Media, New Rules (Paperback)
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Copyright, Contracts, Creators - New Media, New Rules (Paperback)
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Copyright, Contracts, Creators provides a new and original analysis
on the relationship between owners and creators and recommendations
for legislative change to re-balance the relationship. It is a must
read for the intellectual property legal community and anyone
interested in the promotion of creative works. - Marshall
Rothstein, Justice of the Supreme Court of Canada 'Dr Giuseppina
D'Agostino is a protector of the arts, and her work on intellectual
property is designed not only to bring law and order to our digital
universe but to bring hope to the artists, poets and writers whose
only hope of pursuing their artistry is to earn income for their
craft. A wonderful book by one of the most wonderful and forward
thinking minds in this subject area. - Tony Chapman, Founder and
CEO, Capital C, Canada 'Dr D'Agostino has produced an important,
carefully documented and courageous study that deserves to be
widely read and discussed and (dare one say?) even to have its
message heeded.' - David Vaver, Emeritus Professor of Intellectual
Property & IT Law, University of Oxford, UK The digital world
has put content within arm's reach of desire. No longer can an
author be satisfied that her intellectual property is safely
encased in a bound book, nor can a photographer know where his work
will be displayed or shared, nor can a writer rest assured that her
article will be consumed in the intended magazine or newspaper. The
Internet-fueled recycling of existing works into new media is the
greatest challenge to copyright law. Copyright, Contracts, Creators
evaluates the efficacy of current copyright law to address the
contracting and use of creative works. It looks in particular at
freelance works and argues that their copyright treatment on a
national and international level is inadequate to resolve
ambiguities in the contracting and uses of the work. Giuseppina
D'Agostino discusses how historically laws and courts were more
sympathetic to creators, and how the Internet revolution has
shifted the scales to favor owners. Consequently, creators often
find themselves at opposing ends with copyright owners, and in a
disproportionately weaker bargaining position that places
tremendous strain on their livelihoods. She argues that this
predicament puts society at risk of losing its most valued asset:
professional creators. The author calls for a new framework to
justify legislative provisions and resolve ambiguities while
suggesting principles and mechanisms to address the inadequate
treatment of freelance work. Scholars and students of law, cultural
studies, and intellectual property will find this volume a critical
addition to their libraries. Beyond these, policy makers, lawyers
and anyone concerned with the blurring lines of intellectual
property in the age of cyberspace will welcome the author's
insights.
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