scholarly journals An Interview with Peter Jaszi, Professor of Law, Faculty Director of the Glushko-Samuelson Intellectual Property Clinic

2018 ◽  
Vol 1 (2) ◽  
Author(s):  
Tucker Taylor ◽  
Carla S. Myers ◽  
Andrew Wesolek
Keyword(s):  
Intellectual Property ◽  
Best Practices ◽  
Copyright Law ◽  
Fair Use ◽  
Law Faculty ◽  
The Future

Peter Jaszi, copyright expert, lawyer, professor and author, was interviewed by the editors of the Journal of Copyright in Education and Librarainship on his carreer, influences, and copyright law, including what the future may hold for libraries and copyright. He also discusses the Codes of Best Practices for Fair Use, and gives advice for librarians who work with copyright.

scholarly journals Rewriting Fair Use and the Future of Copyright Reform

2017 ◽  
Author(s):  
Michael J Madison
Keyword(s):  
Historical Development ◽  
Social Practices ◽  
Copyright Law ◽  
Fair Use ◽  
Creative Expression ◽  
Policy Goals ◽  
The Social ◽  
The Future

This Essay describes a social practices approach to the production of creative expression, as a construct to guide reform of copyright law. Specifically, it reimagines copyright's fair use doctrine by basing its statutory text explicitly on social practices. It argues that the social practices approach is consistent with the historical development of the fair use doctrine and with the policy goals of copyright law, and that the approach should be recognized in the text of the statute as well as in judicial applications of fair use.

scholarly journals Freedom of Speech and Injunctions in Intellectual Property Cases

2016 ◽  
Author(s):  
Mark Lemley
Keyword(s):  
Intellectual Property ◽  
First Amendment ◽  
Due Process ◽  
Freedom Of Speech ◽  
Copyright Law ◽  
Fair Use ◽  
Irreparable Harm ◽  
Commercial Advertising ◽  
The One ◽  
Prior Restraint

Preliminary injunctions against libel, obscenity, and other kinds of speechare generally considered unconstitutional prior restraints. Never mind thata libel may inflict truly irreparable harm on you: The most you can hopefor is damages, or perhaps a permanent injunction after final adjudication-- not preliminary relief.And yet in copyright and other intellectual property cases, preliminaryinjunctions are routine. We argue that the prior restraint doctrine hassomething to say about that, too. Though copyright law (like libel andobscenity law), is a constitutionally permissible speech restriction, the"First Amendment Due Process" rule against prior restraints applies even tosuch permissible restrictions.We argue that preliminary injunctions in copyright cases are generallyunconstitutional; the one exception is cases where there's no controversyover substantial similarity of expression or fair use (for instance, wherethe question turns only on whether defendant had the requisite license). Wealso argue the same about right of publicity cases, trademark cases, andtrade secret cases, except possibly cases (such as many trademark cases)that involve commercial advertising. We believe this conclusion is dictatedby the Court's prior restraint doctrine, and also makes good FirstAmendment policy sense.

scholarly journals Die Verwendung von Bearbeitungen urheberrechtlich geschützter Werke

2019 ◽  
Author(s):  
Eliane Haas
Keyword(s):  
Copyright Law ◽  
Fair Use ◽  
Commercial Use ◽  
The Future ◽  
The Law ◽  
Feasible Solutions ◽  
The Right ◽  
Economic Function

This study deals with the phenomenon of derivative works and the challenges it poses to copyright law. The author shows how the law should meet these challenges in the future; in doing so, she takes a close look at the economic function of copyright law. As a first approach, the author examines whether extensive interpretation of existing Swiss copyright limitations, such as the parody exception or the right to cite, leads to feasible solutions. As a second approach, she outlines and assesses possible solutions de lege ferenda. Her focus here lies on a new exception for creative derivatives, a fair use exception and an exception for non-commercial use for Swiss copyright law.

Fair Use

2011 ◽  
pp. 285-290
Author(s):  
Pasi Tyrväskylä
Keyword(s):  
Intellectual Property ◽  
Copyright Law ◽  
Fair Use ◽  
Technical Development ◽  
International Treaties ◽  
National Legislation ◽  
User Expectations

Intellectual property legislation has continuously redefined the balance between the interests of stakeholders, especially the authors of creative works, and the users of the works. The contemporary balance of legal, technical, social, political, and economical interests has typically been formulated into the copyright law stating the limits of the exclusive rights of the authors of creative works and the exceptions to the exclusive rights, defining the fair use of the works by other stakeholders. National legislation reflects the changes in the surrounding society, its technical development, and so forth, but global technical development and international treaties have harmonized the laws and user expectations to some extent.

scholarly journals Internet Payment Blockades

2016 ◽  
Author(s):  
Annemarie Bridy
Keyword(s):  
Intellectual Property ◽  
Best Practices ◽  
Executive Branch ◽  
Alternative Methods ◽  
American Express ◽  
Law Faculty ◽  
Data Flows ◽  
College Of Law ◽  
University Of Idaho

Internet payment blockades are the fruits of a long-term, evolving strategy on the part of corporate copyright and trademark owners to leave no intermediary behind when it comes to online intellectual property enforcement. Where judicial and legislative efforts failed to yield any binding public law requiring payment processors like MasterCard and Visa to act as intellectual property enforcers, "non-regulatory" intervention from the executive branch secured their cooperation as a matter of private ordering. The resulting voluntary best practices agreement prescribes a notice-and-termination protocol that extends the reach of U.S. intellectual property law into cyberspace, to merchants operating websites from servers and physical facilities located abroad. It also removes adjudications of infringement claims from the courts to the private sector, which raises issues of fairness and institutional competence. Like other forms of regulation by online intermediaries, payment blockades can be circumvented with the aid of disintermediating technologies. True to the Internet's founding purpose of redirecting data flows around blocked or damaged channels, P2P virtual currencies like Bitcoin are empowering online merchants and their customers, at least for the time being, to run payment blockades.This article addresses the use and efficacy of Internet payment blockades, or "follow the money" enforcement, for anti-counterfeiting and anti-piracy purposes. It focuses on the voluntary best practices agreement adopted in 2011 by payment processors, including American Express, Discover, MasterCard, PayPal, and Visa. Part I discusses the regulatory environment that gave rise to the agreement. Part II describes the agreement itself, including the merchant termination protocol it specifies and the implementation of that protocol. Part III explores some normative concerns associated with the use of payment blockades as an anti-piracy and anti-counterfeiting strategy. Part IV considers the efficacy of payment blockades, taking into account the ease with which they can be circumvented using alternative methods of payment.Annemarie BridyProfessor<http://www.uidaho.edu/law/faculty/annemariebridy>|University of Idaho College of Law|PO Box 83720-0051|Boise, ID 83720|Ph. 208.364.4583Affiliate Scholar<https://cyberlaw.stanford.edu/about/people/annemarie-bridy>|Stanford Center for Internet and SocietyAffiliate Fellow<http://isp.yale.edu/people-directory?type=19>|Yale Information Society ProjectSSRN<http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=630766>|HeinOnline<http://heinonline.org/HOL/AuthorProfile?collection=journals&search_name=Bridy,%20Annemarie&base=js>|LinkedIn<https://www.linkedin.com/in/annemariebridy>|Twitter<https://twitter.com/AnnemarieBridy>

scholarly journals Some Optimism About Fair Use and Copyright Law

2017 ◽  
Author(s):  
Michael J Madison
Keyword(s):  
Best Practices ◽  
Social Processes ◽  
Copyright Law ◽  
Fair Use ◽  
Short Paper ◽  
Institutional Perspective ◽  
The Relationship

This short paper reflects on the emergence of codes of best practices in fair use, highlighting both the relationship between the best practices approach and an institutional perspective on copyright and the relationship between the best practices approach and social processes of innovation and creativity.

Adapting Tactical Military Structures to the Current and Future Operational Environments

2020 ◽  
Vol 26 (1) ◽  
pp. 157-162
Author(s):  
Paul Tudorache ◽  
Lucian Ispas
Keyword(s):  
Best Practices ◽  
Lessons Learned ◽  
Organizational Adaptation ◽  
Common Denominator ◽  
Military Operations ◽  
The Future ◽  
Military Units

AbstractUsing the lessons learned from recent military operations such as Operation Inherent Resolve (OIR) from Syria and Iraq, we proposed to investigate the need for tactical military units to adapt operationally to grapple with the most common requirements specific to current operational environments, but also for those that can be foreseen in the future. In this regard, by identifying the best practices in the field that can be met at the level of some important armies, such as USA and UK, we will try to determine a common denominator of most important principles whose application may facilitate both operational and organizational adaptation necessary for tactical military units to perform missions and tasks in the most unknown future operational environments.

Developing Intellectual Property Character for Games to Teach Music Theory by Using Batik Patterns Inspiration

Humaniora ◽  
2020 ◽  
Vol 11 (2) ◽  
pp. 137-144
Author(s):  
Ahmad Faisal Choiril Anam Fathoni ◽  
Jehezkiel Christian Ray
Keyword(s):  
Intellectual Property ◽  
Music Theory ◽  
Qualitative Methodology ◽  
Design Thinking ◽  
Effective Learning ◽  
Local Content ◽  
Adventure Games ◽  
The Future ◽  
Character Design ◽  
Pattern Application

The research aimed to apply batik motifs to strengthen the differentiation of characters in the form of adventure games that could be an interesting and effective learning medium for introducing music theory. In order to work towards achieving its objective, developing interest in music theory by using games and animations specifically to approach more people and make this project sustainable, these games were supposed to be aimed into intellectual property. Therefore to be able to make it competitive, strong differentiation was needed as so many IP characters emerged as competitors. One of the strengths that could be added to these characters was by applying local content. It was a strong differentiator and could be developed with a deeper philosophy so that it had a wealth that could be developed more widely in the future, which in this case was using batik. To achieve goal, the research used the design thinking method and qualitative methodology to collect data. The researchers collected data through the process of document research, an observation about the implementation of batik patterns in character design for animation. The result is the characters’ designs of a game to teach music theory using batik pattern application. In conclusion, the batik pattern has the potential to strengthen differences in character design.

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