New directions in copyright law

Author(s)

• Patfield, Fiona
• Bowrey, Kathy

Bibliographic Information

New directions in copyright law

edited by Fiona Macmillan

E. Elgar, c2005-

• v. 1
• v. 2
• v. 3
• v. 4
• v. 5
• v. 6

Note

Vol. 3 editors: Fiona Macmillan, Kathy Bowrey

Includes index

Description and Table of Contents

Volume

v. 1 ISBN 9781845422608

Description

As one of the most flexible of the intellectual property rights, copyright law is under constant pressure to adapt and expand in the face of new and sometimes unforeseen challenges and developments. This book is the first in an important new six volume series whose aim is to consider the purpose, role, function and future of the copyright system. The book, and indeed the series, comprises thoughtful, critical and often challenging contributions from an international, multidisciplinary network of scholars. It brings together perspectives on copyright from law, politics, economics, cultural studies and social theory in an effort to forge a truly coherent and meaningful agenda for the future of copyright. Volume 1 presents first a thorough re-examination of the underlying theoretical foundations of copyright law, engaging with such issues as the moral justifications for copyright, and the appropriateness of copyright in a globalised world. The book goes on to examine the convergence and divergence of intellectual property rights in the context of globalisation. Bold in its attempt to be original, this book should be read by anyone interested in the future of copyright, regardless of discipline, and in intellectual property more generally.

Table of Contents

Contents: Preface Part I: Theoretical Framework of Copyright Law 1. Creative Improper Property: Copyright and the Non-Western World 2. The Moral Preference for DRM Ordered Markets in the Digitally Networked Environment 3. Can we Afford to Think About Copyright in a Global Marketplace? 4. Justifications for Copyright: The Evolution of Le Droit Moral Part II: Globalisation, Convergence and Divergence 5. From Pax Americana to Lex Americana: American Legal and Cultural Hegemony 6. Convergence of Intellectual Property Rights and the Establishment of 'Hybrid' Protection under TRIPS 7. The Social and Economic Effects of Copyright in the Music Industry: Contribution to the Convergence versus Divergence Debate 8. Freelance Authors for Free: Globalisation of Publishing, Convergence of Copyright Contracts and Divergence of Judicial Reasoning 9. The Regulation of Peer-to-Peer File Sharing Networks: Legal Convergence v. Perception Divergence Index

Volume

v. 2 ISBN 9781845422615

Description

This second volume contains further exploration of the themes considered in Volume 1, namely the theoretical framework of copyright, and the convergence, divergence and globalisation of copyright. New Directions in Copyright Law, Volume 2 offers valuable insights into developments in rights neighbouring on copyright, such as the EU database directive and television broadcast copyright. It also considers the protection of traditional knowledge - such as the legal protection of folklore, freedom of speech and communication channels. In addition the book investigates copyright and new technologies, taking examples from the music industry and from digital policing. Finally, the authors present views on the tension between corporate power and human rights in the context of copyright, questioning whether it is possible to strike a productive and meaningful balance. With contributions from leading copyright scholars and commentators from a diverse range of theoretical and disciplinary backgrounds, this book will be of interest to all those concerned with the problems plaguing the modern copyright system.

Table of Contents

Contents: Preface Fiona Macmillan Part I: Theoretical Framework of Copyright Law 1. The Productive Potential of Intellectual Property Rights: Governance and Value Creation Processes Birgitte Andersen and Sue Konzelmann Part II: Globalisation, Convergence and Divergence 2. Globalisation, Convergence and Divergence in International Copyright Law: A Question of Expediency or of Right? F. Willem Grosheide 3. Artists' Earnings and Copyright: A Review of British and German Music Industry Data in the Context of Digital Technologies Martin Kretschmer 4. Globalisation, Digitalisation and the Changing Role of Copyright Lee Davis Part III: Developments in Rights Neighbouring on Copyright 5. The EU Database Directive: Taking Stock Tanya Aplin 6. The Moral Right of Integrity: A Freedom of Expression Leslie Kim Treigar-Bar-Am 7. Television Broadcast Copyright: The Australian Experience Michael Handler Part IV: Protection of Traditional Knowledge and Culture 8. The Legal Protection of Traditional Cultural Expressions: Is Copyright the Answer? Daphne Zografos 9. Freedoms and Knowledge, Access and Silence: Traditional Knowledge and Freedom of Speech Johanna Gibson 10. Protecting Channels of Communication: Some Challenges from the Pacific Marilyn Strathern Part V: Copyright and the New Technologies 11. The Plagiarism Panic: Digital Policing in the New Intellectual Property Regime Lisa Maruca 12. The New, the Bad, the Hot, the Fad: Popular Music, Technology and the Culture of Freedom Kathy Bowrey 13. Strategic Behavior and Sources of Value: Some Implications of the Intangibles Paradigm Olufunmilayo B. Arewa Part VI: Copyright, Corporate Power and Human Rights 14. Copyright, Corporate Power and Human Rights: Reality and Rhetoric Charlotte Waelde 15. Is it Possible to Balance Creativity and Commerce? John Howkins 16. Losing to Disney: The Complex Lesson of Eldred v Ashcroft and the Corporate Control of Copyright Paul J. Heald Index

Volume

v. 3 ISBN 9781845422622

Description

This book, the third in the series, follows the themes considered in the first two volumes and brings together perspectives on copyright from law, politics, economics, cultural studies and social theory in an effort to forge a truly coherent and meaningful agenda for the future of copyright. New Directions in Copyright Law, Volume 3 comprises thoughtful, critical and often challenging contributions from an international, multidisciplinary network of scholars who continue the exploration of the role, function and theoretical basis of copyright law. Themes such as the developments in related rights and rights neighbouring on copyright are discussed as well as the protection of traditional knowledge and culture. Playing a leading role in stimulating international research and debate about the future of the copyright system, this book will be of great interest to copyright scholars and copyright stakeholders.

Table of Contents

Contents: Preface Fiona Macmillan PART I: PROTECTION OF TRADITIONAL KNOWLEDGE AND CULTURE 1. Protecting Traditional Cultural Expressions: The International Dimension Michael Blakeney 2. Community and the Exhaustion of Culture. Creative Territories in Traditional Cultural Expressions Johanna Gibson 3. Can Geographical Indications be a Viable Alternative for the Protection of Traditional Cultural Expressions? Daphne Zografos 4. Knowledge and Power: Law, Politics and Socio-cultural Perspectives on the Protection of Traditional Medical Knowledge Systems in Zimbabwe Alex Tawanda Magaisa PART II: DEVELOPMENTS IN RIGHTS NEIGHBOURING ON COPYRIGHT 5. Australian Television Broadcasts as Copyright Property David Brennan 6. A Right to My Public: Copyright, Human Right or Privacy? Johanna Gibson 7. The Garden of Australian Dreams: The Moral Rights of Landscape Architects Matthew Rimmer 8. 'Pretend-y Rights': On the Insanely Complicated New Regime for Performers' Rights in Australia, and How Australian Performers Lost Out Kimberlee Weatherall 9. The Qualification of Traditional Cultural Expressions in Private International Law: A Preliminary Appraisal Guido Westkamp 10. The Resale Royalty and Indigenous Art: An Opportunity for the Recognition of Economic and Cultural Rights? Robynne Quiggin Index

Volume

v. 4 ISBN 9781845422639

Description

This fourth volume in the series contains further exploration of the main themes considered in the first three volumes and brings together perspectives on copyright from law and legal theory, political economy, human rights, cultural studies and social theory. New Directions in Copyright Law, Volume 4, offers insightful contributions from leading commentators on a range of issues affecting the development and direction of copyright law. The volume is divided into six parts. In the first part, the theoretical framework of copyright law is explored through the concepts of the market place of ideas and the public domain. While a number of chapters address substantive aspects of copyright law reform, the second part of the volume contains a chapter that marries substantive questions with issues around the mechanics, limitations and possibilities of the reform process. In the third part, two chapters consider the problematic notion of paternity rights from contrasting disciplinary perspectives. The interface between copyright law and the burgeoning of new technologies is considered through a range of theoretical and methodological approaches. In the fourth part of the volume legal theorists address issues around open access, open source, free software, and the implications of network theory for the relationship between copyright law and the Internet. Moving away from the concerns of so-called 'high technology', the fifth part of the volume considers the equally fraught question of the protection of traditional knowledge and cultural property through an analysis of the limits of law. The final part of the volume, which deals with copyright's uncomfortable relationship with human rights, sees a return to issues around the new technologies with a focus on the political economy of open source software, and on the issue of information access and fundamental rights.

Table of Contents

Contents: Preface Fiona Macmillan PART I: THEORETICAL FRAMEWORK OF COPYRIGHT LAW 1. Copyright and 'Market Power' in the Marketplace of Ideas Neil Weinstock Netanel 2. Cultural Expressions: From Common Source to Public Domain Lucky Belder PART II: GLOBALISATION, CONVERGENCE AND DIVERGENCE 3. Copyright Law Reform:Some Achievable Goals? Hector L. MacQueen PART III: DEVELOPMENTS IN RIGHTS NEIGHBOURING ON COPYRIGHT 4. Misattribution and Misrepresentation: The Claim of Reverse Passing Off as 'Paternity' Right Jonathan Griffiths 5. It's a Wise Text that Knows its Own Father: Some Problems in Paternity Rights Stina Teilmann PART IV: COPYRIGHT AND THE NEW TECHNOLOGIES 6. Open Access, Open Source and Free Software: Is There a Copy Left? Johanna Gibson 7. The Copyright Web: Networks, Law and the Internet Andres Guadamuz Gonzalez PART V: PROTECTION OF TRADITIONAL KNOWLEDGE AND CULTURE 8. Copying Right: Cultural Property and the Limits of (Occidental) Law Peter Fitzpatrick and Richard Joyce PART VI: COPYRIGHT, CORPORATE POWER AND HUMAN RIGHTS 9. A Contribution to a Political Economy of Open Source and Free Culture David M. Berry 10. Information Access, Lex Digitalis and Fundamental Rights in Modern Copyright Law Guido Westkamp Index

Volume

v. 5 ISBN 9781845422646

Description

This book continues the exploration of the role, function and theoretical basis of copyright law examined in the first four volumes. New Directions in Copyright Law, Volume 5, offers valuable insights into simulating international research and debate about the future of the copyright system. The international and multidisciplinary core of scholars in this book focus on two themes: copyright and the new technologies; and copyright, corporate power and human rights. This book should be read by anyone interested in the future of copyright, regardless of discipline.

Table of Contents

Contents: Preface Fiona Macmillan PART I: COPYRIGHT, CORPORATE POWER AND HUMAN RIGHTS 1. Database Sui Generis Right: The Need to Take the Public's Right to Information and Freedom of Expression into Account Estelle Derclaye 2. Author's Right, Copyright and the Public's Right to Information: A Complex Relationship (Rethinking Copyright in the Light of Fundamental Rights) Christophe Geiger 3. Traditional Cultural Expressions in a Matrix of Copyright, Cultural Diversity and Human Rights Christoph Beat Graber 4. Comparative Advertising: The Conflicting Claims of Copyright, Unfair Competition and Freedom of Expression Jonathan Griffiths 5. Political Economy of Intellectual Property Policy-Making: Theory and Practice - An Observation from a Realistic (and Slightly Cynical) Perspective Meir Perez Pugatch PART II: COPYRIGHT AND THE NEW TECHNOLOGIES 6. Copyright Law: A Stakeholders' Palimpsest Uma Suthersanen 7. How Technology Changes the Scope, Strength and Usefulness of Copyright: Revisiting the 'Economic Rationales' Underpinning Copyright Law in the New Economy Birgitte Andersen 8. Fertile Ground: Law, Innovation and Creative Technologies Kathy Bowrey 9. Owning Form, Sharing Content: Natural-Right Copyright and Digital Environment Maurizio Borghi Index

Volume

v. 6 ISBN 9781845422653

Description

The chapters in this volume are written by international experts from a variety of disciplines, employing a range of theoretical and methodological approaches to issues in copyright law. This volume, and the series of which it is the final part, is structured around the six themes of the AHRC Network on New Directions in Copyright Law, which are: (1) Theoretical Framework of Copyright Law; (2) Globalisation, Convergence and Divergence; (3) Developments in Rights Neighbouring on Copyright; (4) Protection of Traditional Knowledge and Culture; (5) Copyright and the New Technologies; and (6) Copyright, Corporate Power and Human Rights. Accordingly, the volume addresses itself to all those with an interest in copyright, regardless of discipline.

Table of Contents

Contents: Preface Fiona Macmillan PART I: THEORETICAL FRAMEWORK OF COPYRIGHT LAW 1. Why has Copyright Expanded? Analysis and Critique Neil W. Netanel 2. Copyright and the Sequel: What Happens Next? Ian Eagles 3. Copy: From Wrong to Right Stina Teilmann 4. Property Rights and the Efficient Exploitation of Copyrighted Works: An Empirical Analysis of Public Domain and Copyrighted Fiction Best Sellers Paul J. Heald 5. 'Don't Fence Me In': Travels on the Public Domain Eva Hemmungs Wirten PART II: GLOBALISATION, CONVERGENCE AND DIVERGENCE 6. Cross Border Market Segmentation and Price Discrimination: Copyright and Competition at Odds Louise Longdin 7. Foreign and International Influences on National Copyright Policy: A Surprisingly Rich Picture Graeme B. Dinwoodie PART III: DEVELOPMENTS IN RIGHTS NEIGHBOURING ON COPYRIGHT 8. Continuing Problems with Film Copyright Michael Handler PART IV: PROTECTION OF TRADITIONAL KNOWLEDGE AND CULTURE 9. Universalist Norms for a Globalised Diversity: On the Protection of Traditional Cultural Expressions Andreas Rahmatian 10. How Much is Too Little? Robynne Quiggin PART V: COPYRIGHT AND THE NEW TECHNOLOGIES 11. P2P@softwar(e).com: Or the Art of Cyberspace 3.0 Joseph Savirimuthu 12. Modelling Copyright Exceptions: Law and Practice in Australian Cultural Institutions Emily Hudson, Andrew T. Kenyon and Andrew F. Christie PART VI: COPYRIGHT, CORPORATE POWER AND HUMAN RIGHTS 13. Copyright, the World Trade Organization, and Cultural Self-Determination Fiona Macmillan 14. On European Narratives of Human Rights and their Possible Implications for Copyright Helle Porsdam 15. Authors' Rights as a Limit to Copyright Control Leslie Kim Treiger-Bar-Am Index

by "Nielsen BookData"

• NCID: BA73751595
• ISBN:
  • 1845422600
  • 1845422619
  • 9781845422622
  • 9781845422639
  • 9781845422646
  • 9781845422653
• LCCN: 2005052962
• Country Code: uk
• Title Language Code: eng
• Text Language Code: eng
• Place of Publication: Cheltenham
• Pages/Volumes: v.
• Size: 24-25 cm
• Classification:
  • LCC : K1420.5
  • DC22 : 346.04/82
• Subject Headings:
  • LCSH : Copyright