CRIMINALISING COPYRIGHT: A STORY OF PUBLISHERS, PIRATES AND PIECES OF EIGHT

2007 ◽  
Vol 66 (3) ◽  
pp. 625-656 ◽  
Author(s):  
Isabella Alexander
Keyword(s):  
Intellectual Property ◽  
Digital Technology ◽  
Film Industry ◽  
Copyright Law ◽  
The Internet ◽  
Property Law ◽  
Intellectual Property Law ◽  
Digital World ◽  
Fit For Purpose ◽  
One Year

On 6 December 2006, the Gowers Review of Intellectual Property unveiled its much-anticipated report investigating whether intellectual property law was still “fit for purpose in an era of globalisation, digitisation and increasing economic specialisation”. The Review, which had one year in which to cover the entire field of intellectual property law, concluded that there was no need for radical overhaul of the system. However, it did make a number of recommendations for reform and one area it considered to be particularly important was strengthening enforcement of IP rights. In recent years, concerns about the inadequate enforcement of intellectual property laws have focused mainly on copyright law and the entertainment industries. More specifically, they have centred on the opportunities for copyright infringement offered by digital technology and the internet. The music industry was the first to find itself out of its depth in the brave new digital world, and the film industry quickly followed. “Piracy”, we are told, is now rife and must be fought at every opportunity.

Fixing Improvisation

2014 ◽  
Author(s):  
Anthea Kraut
Keyword(s):  
Twentieth Century ◽  
African American ◽  
Intellectual Property ◽  
Case Studies ◽  
Copyright Law ◽  
Property Law ◽  
Intellectual Property Law ◽  
Tap Dance ◽  
American Vernacular ◽  
The Relationship

This chapter juxtaposes brief case studies of African American vernacular dancers from the first half of the twentieth century in order to reexamine the relationship between the ideology of intellectual property law and the traditions of jazz and tap dance, which rely heavily on improvisation. The examples of the blackface performer Johnny Hudgins, who claimed a copyright in his pantomime routine in the 1920s, and of Fred and Sledge, the class-act dance duo featured in the hit 1948 musical Kiss Me, Kate, whose choreography was copyrighted by the white modern dancer Hanya Holm, prompt a rethinking of the assumed opposition between the originality and fixity requirements of copyright law and the improvisatory ethos of jazz and tap dance. Ultimately, the chapter argues that whether claiming or disavowing uniqueness, embracing or resisting documentation, African American vernacular dancers were both advantaged and hampered by copyright law.

scholarly journals Beyond Invention: Patent as Knowledge Law

2017 ◽  
Author(s):  
Michael J Madison
Keyword(s):  
Intellectual Property ◽  
Subject Matter ◽  
Cultural Influences ◽  
The United States ◽  
Copyright Law ◽  
Property Law ◽  
Intellectual Property Law ◽  
Starting Point ◽  
Invention Patent ◽  
Patentable Subject Matter

The decision of the Supreme Court of the United States in Bilski v. Kappos, concerning the legal standard for determining patentable subject matter under the American Patent Act, is used as a starting point for a brief review of historical, philosophical, and cultural influences on subject matter questions in both patent and copyright law. The article suggests that patent and copyright law jurisprudence was constructed initially by the Court with explicit attention to the relationship between these forms of intellectual property law and the roles of knowledge in society. Over time, explicit attention to that relationship has largely disappeared from the Court’s opinions. The article suggests that renewing consideration of the idea of a law of knowledge would bring some clarity not only to patentable subject matter questions in particular but also to much of intellectual property law in general.

scholarly journals Impact of Digital Economy on Intellectual Property Law

2020 ◽  
Vol 13 (4) ◽  
pp. 117
Author(s):  
Asif khan ◽  
Ximei Wu
Keyword(s):  
Intellectual Property ◽  
Personal Information ◽  
Digital Economy ◽  
Free Access ◽  
Property Law ◽  
Individual Property ◽  
Intellectual Property Law ◽  
The Public ◽  
Digital World ◽  
The Impact

Intellectual property is regarded to be the digital economy's hot issue. It ranges from theoretical arguments to own information concerning everyday life relating to the foundation of internet geography. The current study deals with the impact of the digital economy on intellectual property law and proposes that although various countries have given many intellectual property laws, no such implementation has ever been made. Still, the digital world has witnessed the protection of intellectual law through technical protection and contracts. The digital economy has greatly impacted the intellectual property law that can be witnessed through cyber squatter legislation and significant legal and economic protection developments. The endorsement of business methods patents and e-commerce would significantly affect freedom, computer as well as privacy. However, some of their personal information has been suggested by giving individual property rights while describing it to protect freedom and privacy. In this study, it has also been concluded that policy is critical to conceive and analyze issues so that it would be technology independent. It would help policymakers to draft legislation and policies in the same way. In addition to this, policymakers' decisions should not base on any business model's specifics only. Moreover, the study suggests the need for other adaptations to ensure that all the essential purposes in copyright laws, such as giving free access to the public for a broader range of information, have been adequately fulfilled in the digital economy context. However, such adaptations are yet to design, and for completing such tasks, the stakeholders' participation is significant.

13. The emergence and forms of intellectual property law

2020 ◽  
pp. 223-229
Author(s):  
Ian J. Lloyd
Keyword(s):  
Information Technology ◽  
Intellectual Property ◽  
The Internet ◽  
Property Law ◽  
Famous Scientist ◽  
Trade Marks ◽  
Intellectual Property Law ◽  
Isaac Newton ◽  
Technical Effect ◽  
The Law

Systems of intellectual property law date back many centuries and play a very important role in the information technology field. The main forms of intellectual property law are patents, copyright and trade marks. All play important roles and are considered in this section of the book. Patents and copyright have been applied in an IT context from the early days of the computer whilst trade marks have come to assume more significance with the commercialization of the Internet and its use by major manufacturers who typically own many trade marks developed for use in the course of their activities in the physical environment. As with many areas, the connection between the real and virtual words is not exact. The application of the law of copyright to software has seldom been in doubt. It is clear that the unauthorized copying of all of a work is unlawful. What is not clear is the extent of the protection. The famous scientist Isaac Newton is quoted as saying “If I have seen further, it is because I stood on the shoulders of giants”. Most later works build to some extent on their predecessors and there is a difficult dividing line between fair and unfair use of such works. Somewhat different issues apply in relation to patents – a branch of the law which offers the strongest protection but does require that works be innovative and produce a technical effect – that they should do something. This can be difficult to assess in respect of very fast-moving technologies.

Intellectual Property Law

2019 ◽  
Author(s):  
Stavroula Karapapa ◽  
Luke McDonagh
Keyword(s):  
Intellectual Property ◽  
Trade Mark ◽  
Copyright Law ◽  
Property Law ◽  
Trade Secrets ◽  
Trade Marks ◽  
Intellectual Property Law ◽  
Trade Mark Infringement ◽  
Comprehensive Text ◽  
Absolute Grounds For Refusal

Intellectual Property Law aims to provide a comprehensive text on all aspects of this field. The first part looks at the complexities of copyright law, from authorship and first ownership to infringements and defences. It also covers moral and related rights. The second part looks exclusively at passing off. Then the text turns to trade marks. It examines the absolute grounds for refusal and the relative grounds for refusal of registration. It looks in detail at infringement and loss of registration of trade marks, and this part of the book ends with an examination of defences to trade mark infringement. The next part is about patents. After an introduction to patents the text analyses ownership and infringement of patents. The text then moves on to confidential information, in other words, trade secrets. Designs are examined after this. The final few chapters are about the exploitation and enforcement of intellectual property. The text concludes.

Virtual Property in Virtual Worlds

2010 ◽  
pp. 89-108
Author(s):  
Angela Adrian
Keyword(s):  
Intellectual Property ◽  
Virtual Worlds ◽  
Digital Technology ◽  
Property Law ◽  
Physical Plane ◽  
Intellectual Property Law ◽  
Collective Property ◽  
Virtual Property ◽  
The World ◽  
History Of

Digital technology is detaching information from the physical plane, where property law of all sorts has always found definition. Throughout the history of intellectual property law, the proprietary assertions of thinkers and inventors have been focused not on their ideas, but on the expression of those ideas. The ideas themselves, as well as facts about the phenomena of the world, were considered to be the collective property of humanity. One could claim franchise, in the case of copyright, on the precise turn of phrase used to convey a particular idea or the order in which facts were presented. Law protected expression. To express was to make physical. One did not get paid for the idea but for the ability to deliver it into reality. The value was in the conveyance and not the thought conveyed. In other words, the bottle was protected, not the wine. (Barlow, 2004)

Ontologies and Law

2011 ◽  
pp. 819-837 ◽  
Author(s):  
Claudia Cevenini ◽  
Giuseppe Contissa ◽  
Migle Laukyte ◽  
Régis Riveret
Keyword(s):  
Intellectual Property ◽  
General Relation ◽  
Copyright Law ◽  
Ontology Development ◽  
Property Law ◽  
Intellectual Property Law ◽  
The Law ◽  
Legal Ontology

This chapter introduces the reader with the specificity of the development of a particular type of legal ontology, that is ontology of copyright law. The process of the development of this ontology (ALIS IP Ontology) should be seen as a miniature guide for anyone who will pursuit a goal to create an ontology for any sphere of law. In this chapter the development of the copyright ontology is not addressed separately as such, but in vaster perspective, analyzing not only particular problems that the development of the legal ontology implies, but also looking at the ontology development issues in the light of the general relation that the law (and intellectual property law in particular) has with the IT domain.

Intellectual Property Law:

2017 ◽  
Author(s):  
Tanya Aplin ◽  
Jennifer Davis
Keyword(s):  
Intellectual Property ◽  
New Technologies ◽  
Policy Implications ◽  
The Internet ◽  
Property Law ◽  
Postgraduate Students ◽  
Trade Marks ◽  
Intellectual Property Law ◽  
Ip Law ◽  
The Impact

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. Intellectual Property Law: Text, Cases, and Materials provides a complete resource for undergraduate and postgraduate students of intellectual property (IP) law. The first text of its kind in the field, it combines extracts from major cases and secondary materials with critical commentary from experienced teachers in the field. The book deals with all areas of IP law in the UK: copyright, trade marks and passing off, personality and publicity rights, character merchandising, confidential information and privacy, industrial designs, patent, procedure, and enforcement. It also tackles topical areas, such as the application of IP law to new technologies and the impact of the internet on trade marks and copyright. All chapters now include relevant legal developments relating to the internet and digital technologies. While the focus of the book is on IP law in a domestic context, it provides international, EU, and comparative law perspectives on major issues, and also addresses the wider policy implications of legislative and judicial developments in the area. The book is an ideal resource for all students of IP law who need cases, materials, and commentary in a single volume.

scholarly journals Intellectual Property Law – Transfer of Technology

2008 ◽  
Vol 36 (2) ◽  
pp. 338-341 ◽  
Author(s):  
Veerendra Tulzapurkar
Keyword(s):  
Intellectual Property ◽  
Copyright Law ◽  
Property Law ◽  
Confidential Information ◽  
Trademark Law ◽  
Intellectual Property Law ◽  
Transfer Of Technology ◽  
The Law ◽  
Written Law

The law of patent, trademark law, copyright law and the law relating to industrial designs are the statutory enactments forming part of intellectual property law which have a bearing on the transfer of technology. There is one more branch of intellectual property law which also has a bearing on the transfer of technology and that is the law relating to confidential information or law relating to confidentiality. This law is not a written law; it is judge made law, in the sense that it is developed through cases.

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