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.

The Relationship Between Intellectual Property and Administrative Law

2021 ◽  
pp. 109-120
Author(s):  
Laurent Manderieux
Keyword(s):  
Intellectual Property ◽  
Intellectual Property Rights ◽  
Direct Consequence ◽  
Administrative Law ◽  
Property Law ◽  
International Level ◽  
Intellectual Property Law ◽  
Law And Policy ◽  
The Relationship ◽  
Research Analysis

Intellectual property and administrative law entertain a long-standing, though ambiguous relationship. Intellectual property rights (IPR) depend on a number of institutions, and primarily from intellectual property offices granting several of them, which fall into the administrative structure of each country. The direct consequence of the relevance of administrative law for the research, analysis, and understanding of intellectual property law is that certain IP-related questions cannot be properly addressed without using the tool provided by administrative law. Indeed, intellectual property and administrative law partly overlap, as both branches of law are nationally characterized and country-specific, changing from country to country, and both have experienced significant changes related to globalization from the national to the international level. The growing regulation of intellectual property at the international level has somehow brought about an expansion of the intersection between intellectual property and administrative law and procedures. Therefore, complete, thorough research on intellectual property law and policy must take into account the conceptual tools and categories elaborated in administrative 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 The Reference to ‘A Work or Software’ as the Factor Determining the Scope of the European Union Public Licence (EUPL) v. 1.2

2021 ◽  
Vol 15 (2) ◽  
pp. 175-196
Author(s):  
Krzysztof Żok
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Computer Program ◽  
European Commission ◽  
Open Source ◽  
Open Source Software ◽  
Property Law ◽  
The European Union ◽  
Intellectual Property Law ◽  
The Relationship

Free and open source software (FOSS) has undoubtedly become an important element of intellectual property law. It is therefore not surprising that the European Commission developed its own non-proprietary licence, i.e. the European Union Public Licence (EUPL). The article examines the reference to ‘a work of software’ to determine the scope of the licence. For this purpose, the paper discusses the reasons for the creation of the EUPL, the relationship between a work and software as well as the structure of a computer program. The following considerations also include the compatible licences listed in the EUPL Appendix. The article concludes that the reference to a work or software is not accidental because it removes serious doubts arising from the concept of a computer program. Thus, this legal solution may facilitate the wider adoption of the licence.

Arguing for Human Rights

2012 ◽  
Author(s):  
Mathias Risse
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Property Law ◽  
Private Ownership ◽  
Human Right ◽  
General Argument ◽  
Intellectual Property Law ◽  
Hugo Grotius ◽  
The Relationship

This chapter examines whether there is a human right to essential pharmaceuticals. It first considers the notion of an Intellectual Common by engaging with Hugo Grotius, and particularly whether his argument against private ownership of the seas can be applied to ideas. Freedom of the seas is no longer called for on Grotius's own terms. However, his reasoning in support of freedom of the seas bears not only on the atmosphere but also on a different domain, the domain of ideas. How people can exploit ideas economically is regulated by intellectual property law, which includes patents, copyrights, and trademarks. The chapter presents a general argument against the legitimacy of private intellectual property beyond compensation and incentive setting wherever intellectual property is regulated. It concludes by making the case for the relationship between human rights and vital medicines.

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.

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.

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