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Wesley Hohfeld is known the world over as the legal theorist who
famously developed a taxonomy of legal concepts. His contributions
to legal thinking have stood the test of time, remaining relevant
nearly a century after they were first published. Yet, little
systematic attention has been devoted to exploring the full
significance of his work. Beginning with a lucid, annotated version
of Hohfeld's most important article, this volume is the first to
offer a comprehensive look at the scope, significance, reach,
intricacies, and shortcomings of Hohfeld's work. Featuring insights
from leading legal thinkers, the book also contains many of
Hohfeld's previously unseen personal papers, shedding new light on
the complex motivations behind Hohfeld's projects. Together, these
selected papers and original essays reveal a portrait of a
multifaceted and ambitious intellectual who did not live long
enough to see the impact of his ideas on the study of law.
While copyright law is ordinarily thought to consist primarily of
exclusive rights, the regime's various exemptions and immunities
from liability for copyright infringement form an integral part of
its functioning, and serve to balance copyright's grant of a
private benefit to authors/creators with the broader public
interest. With contributors from all over the world, this handbook
offers a systematic, thorough study of copyright limitations and
exceptions adopted in major jurisdictions, including the United
States, the European Union, and China. In addition to providing
justifications for these limitations, the chapters compare
differences and similarities that exist in major jurisdictions and
offer suggestions about how to improve the enforcement of copyright
limitations domestically and globally. This work should appeal to
scholars, policymakers, attorneys, teachers, judges, and students
with an interest in the theories, policies, and doctrines of
copyright law.
In this volume, leading scholars of intellectual property and
information policy examine what the common law - a method of
reasoning, an approach to rule making, and a body of substantive
law - can contribute to discussions about the scope, structure and
function of intellectual property. The book presents an array of
methodologies, substantive areas and normative positions, tying
these concepts together by looking to the common law for guidance.
Drawing on interdisciplinary ideas and principles that are embedded
within the working of common law, it shows that the answers to many
of modern intellectual property law's most puzzling questions may
be found in the wisdom, versatility and adaptability of the common
law. The book argues that despite the degree of interdisciplinary
specialization in the field, intellectual property is fundamentally
a creation of the law; therefore, the basic building blocks of the
law can shed important light on what intellectual property can and
should (and was perhaps meant to) be.
In this volume, leading scholars of intellectual property and
information policy examine what the common law - a method of
reasoning, an approach to rule making, and a body of substantive
law - can contribute to discussions about the scope, structure and
function of intellectual property. The book presents an array of
methodologies, substantive areas and normative positions, tying
these concepts together by looking to the common law for guidance.
Drawing on interdisciplinary ideas and principles that are embedded
within the working of common law, it shows that the answers to many
of modern intellectual property law's most puzzling questions may
be found in the wisdom, versatility and adaptability of the common
law. The book argues that despite the degree of interdisciplinary
specialization in the field, intellectual property is fundamentally
a creation of the law; therefore, the basic building blocks of the
law can shed important light on what intellectual property can and
should (and was perhaps meant to) be.
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