Global copyright : three hundred years since the Statute of Anne, from 1709 to cyberspace

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Global copyright : three hundred years since the Statute of Anne, from 1709 to cyberspace

edited by Lionel Bently, Uma Suthersanen, Paul Torremans

Edward Elgar, c2010

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"In association with ALAI"

Based on papers from the International Literary and Artistic Association (ALAI) 2009 London congress

Includes bibliographical references and index

内容説明・目次

内容説明

This innovative book celebrates the tri-centenary of modern copyright, which began with the enactment of the Statute of Anne by the British Parliament in 1709, and was soon followed by other copyright legislation abroad. The Statute of Anne is traditionally claimed to be the world?s first copyright statute, and is thus viewed as the origin of a system of national laws that today exists in virtually all countries of the world. However, this book illustrates that while there is some truth in this claim, it is also important to treat it with caution.Written by leading experts from across the globe, this comprehensive (historical) analysis breaks new ground on modern copyright issues such as digital libraries, illegal downloading and distribution, international exhaustion and ?new formalities?. The expert contributors consider what lessons can be learnt from the achievements made during the last 300 years, and whether they can be used to overcome the new challenges facing copyright.This in-depth scientific analysis of the legacy of the Statute of Anne 300 years on from its origins will provide copyright practitioners, academics, policy makers and postgraduate students with a unique and fascinating read.

目次

Contents: Preface Opening Speech Victor Nabhan PART I: THE STATUTE OF ANNE AND ITS ROLE IN THE WORLD OF COPYRIGHT 1. Introduction to Part I: The History of Copyright Lionel Bently 2. The Statute of Anne 1709-10: Its Historical Setting William Cornish 3. What's New About the Statute of Anne? Or Six Observations in Search of an Act Ronan Deazley 4. To What Degree Did the Statute of Anne (8 Anne, c.19, [1709]) Affect Commercial Practices of the Book Trade in Eighteenth-Century England? Some Provisional Answers about Copyright, Chiefly from Bibliography and Book History Michael F. Suarez, S.J. 5. The Statute of Anne and Author's Rights: Pope v. Curll (1741) Mark Rose Transition from Guild Regulation to Modern Copyright Law 6. Transition from Guild Regulation to Modern Copyright Law - A View from the Low Countries Willem Grosheide 7. Transition from Guild Regulation to Modern Copyright Law (Sweden) Gunnar Petri 8. From Privilege to Modern Copyright Law Martin Vogel Influence, Past and Present, of the Statute of Anne on Civil and Common Law Countries 9. The Influence (Past and Present) of the Statute of Anne in France Christophe Geiger 10. The Influence of the Statute of Anne on Belgian Copyright Law Joris Deene 11. Colonial Copyright Redux: 1709 v 1832 Pierre-Emmanuel Moyse PART II: DIGITAL LIBRARIES AND ONLINE LICENSING 12. Introduction to Part II Uma Suthersanen 13. Phoenixes in the Internet Era - The Changing Role of Libraries Dame Lynne J. Brindley Digital Libraries in the Current Legal and Educational Environment 14. The Development of Digital Libraries in the United States June M. Besek 15. Digital Libraries in the Current Legal and Educational Environment: A European Perspective Marco Ricolfi 16. Digital Libraries in the Current Legal and Educational Environment: Towards a Remunerated Compulsory License or Limitation? Raquel Xalabarder Collective Administration for Online Libraries: A Rightsholders' Dream or an Outdated Illusion? 17. Digital Libraries: Collective Administration for Online Libraries - A Rightsholders' Dream or an Outdated Illusion? Tarja Koskinen-Olsson 18. Towards a Contextual Copyright? Ysolde Gendreau Online Digitalisation and Licensing 19. Google Book Search Harjinder Obhi 20. Problem or Solution? Mass Digitisation of Library Stocks and the Google Book Settlement Christian Sprang 21. Online Exploitation and Licensing: General Reporter's Summary and Proposals for Discussion J.A.L. Sterling PART III: THE BORDERLESS ERA: INTERNATIONAL EXHAUSTION, GLOBAL ADMINISTRATION AND FORMALITIES 22. Introduction to Part III Paul Torremans International Exhaustion 23. International Exhaustion Andre Lucas 24. The Economic Perspective: Exhaustion in the Digital Age Andreas Wiebe Exhaustion in Digital Products: The Impact on Economic Rights 25. The Legal Perspective on Exhaustion in the Borderless Era: Consideration of a Digital First Sale Doctrine for Online Transmissions of Digital Works in the United States Marybeth Peters 26. Exhaustion in Digital Products and the 'Accidental' Impact on the Balance of Interests in Copyright Law Tomasz Targosz 27. Exhaustion - A Casualty of the Borderless Digital Era Trevor Cook Formalities 28. Historical Appearances and Disappearances of Formalities: From Berne to National Laws Delia Lipszyc 29: Formalities in the Digital Era: An Obstacle or Opportunity? Stef van Gompel 30. The US Experience with Formalities: A Love/Hate Relationship Jane C. Ginsburg 31. The Scope of Formalities in International Copyright Law in a Digital Context Takeshi Hishinuma Global Administration 32. The Graduated Response and the Role of Intermediaries: Avoiding the Apocalypse or a Return to the Sources? Pierre Sirinelli Closing Speech Victor Nabhan Closing Dinner Speech at Lincoln's Inn, 17 June 2009 Lord Hoffmann APPENDICES Appendix 1: The Statute of Anne 1709-1710 Appendix 2: Further Reading Index

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