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Global Mandatory Fair Use

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Release : 2020-11-05
Genre : Law
Kind : eBook
Book Rating : 457/5 ( reviews)

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Book Synopsis Global Mandatory Fair Use by : Tanya Aplin

Download or read book Global Mandatory Fair Use written by Tanya Aplin. This book was released on 2020-11-05. Available in PDF, EPUB and Kindle. Book excerpt: Examining a neglected aspect of international copyright law, this book highlights the obligation on nations to maintain broad copyright exceptions.

Global Mandatory Fair Use

Download Global Mandatory Fair Use PDF Online Free

Author :
Release : 2020-11-05
Genre : Law
Kind : eBook
Book Rating : 599/5 ( reviews)

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Book Synopsis Global Mandatory Fair Use by : Tanya Aplin

Download or read book Global Mandatory Fair Use written by Tanya Aplin. This book was released on 2020-11-05. Available in PDF, EPUB and Kindle. Book excerpt: In a path-breaking work, Tanya Aplin and Lionel Bently make the case that the quotation exception in Article 10 of the Berne Convention constitutes a global, mandatory, fair use provision. It is global, they argue, because of the reach of Berne qua Berne and qua TRIPS, and its mandatory nature is apparent from the clear language of Article 10 and its travaux. It relates to 'use' that is not limited by type of work, type of act, or purpose and it is 'fair' use because the work must be made available to the public, with attribution, and the use must be proportionate and consistent with fair practice. By explaining the contours of global, mandatory fair use - and thus displacing the 'three-step test' as the dominant, international copyright norm governing copyright exceptions - this book creates new insights into how national exceptions should be framed and interpreted.

Global Mandatory Fair Use

Download Global Mandatory Fair Use PDF Online Free

Author :
Release : 2021
Genre : Fair use (Copyright)
Kind : eBook
Book Rating : /5 ( reviews)

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Book Synopsis Global Mandatory Fair Use by : Tanya Aplin

Download or read book Global Mandatory Fair Use written by Tanya Aplin. This book was released on 2021. Available in PDF, EPUB and Kindle. Book excerpt:

The Cambridge Handbook of Copyright Limitations and Exceptions

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Release : 2021-01-07
Genre : Law
Kind : eBook
Book Rating : 873/5 ( reviews)

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Book Synopsis The Cambridge Handbook of Copyright Limitations and Exceptions by : Shyamkrishna Balganesh

Download or read book The Cambridge Handbook of Copyright Limitations and Exceptions written by Shyamkrishna Balganesh. This book was released on 2021-01-07. Available in PDF, EPUB and Kindle. Book excerpt: 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.

A Critique of the Ontology of Intellectual Property Law

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Release : 2021-05-20
Genre : Law
Kind : eBook
Book Rating : 435/5 ( reviews)

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Book Synopsis A Critique of the Ontology of Intellectual Property Law by : Alexander Peukert

Download or read book A Critique of the Ontology of Intellectual Property Law written by Alexander Peukert. This book was released on 2021-05-20. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual property (IP) law operates with the ontological assumption that immaterial goods such as works, inventions, and designs exist, and that these abstract types can be owned like a piece of land. Alexander Peukert provides a comprehensive critique of this paradigm, showing that the abstract IP object is a speech-based construct, which first crystalised in the eighteenth century. He highlights the theoretical flaws of metaphysical object ontology and introduces John Searle's social ontology as a more plausible approach to the subject matter of IP. On this basis, he proposes an IP theory under which IP rights provide their holders with an exclusive privilege to use reproducible 'Master Artefacts.' Such a legal-realist IP theory, Peukert argues, is both descriptively and prescriptively superior to the prevailing paradigm of the abstract IP object. This work was originally published in German and was translated by Gill Mertens.

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