Hunting Pirates in Beiping

Author(s):  
Fei-Hsien Wang

This chapter provides a background on how the Shanghai shuye gongsuo (SBG) set up an unusual private police force to combat piracy. Throughout the 1930s, the SBG's Beiping Office of the Piracy Investigation Committee, abbreviated as the Detective Branch, hunted down pirates in the old capital and beyond. Even though these would-be law enforcers had no legal jurisdiction over such matters, the Detective Branch staff tirelessly pursued those who violated the SBG members' copyright and punished them with their own means. The Detective Branch's antipiracy operation in Beiping constitutes in itself a unique story, but its real significance lies in the possibility it opens up in understanding detection, enforcement, and negotiation that mediated the intellectual property law and its effect in early twentieth-century China, when different conceptions and practices of copyright grew intertwined. Operating in the gray area between legality and illegality, the staff of the Detective Branch inspected bookshops in the old capital city and surrounding market towns. They launched raids, partnering with local police, to crack down on piracy and, sometimes, resorted to criminal activities themselves, such as fraud, bribery, or home intrusion, to ensure their success.

Author(s):  
Anthea Kraut

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.


Japanese Law ◽  
2021 ◽  
pp. 387-404
Author(s):  
Hiroshi Oda

Japan is a signatory to various international treaties on intellectual property. The system of settling disputes involving intellectual property has improved, particularly in the past decade. The intellectual property high court was set up. The court has quickly established its authority in this field and the time needed for settling disputes involving intellectual property has been substantially reduced.


2018 ◽  
Vol 57 (1) ◽  
pp. 97-118
Author(s):  
Stathis Arapostathis

The paper offers an account of how the meaning of the concept of “invention” and “inventorship” is not stable and predefined but rather constructed during patent disputes. In particular, I look at how that construction takes place in adversarial settings like the courts of law. I argue that key notions of intellectual property law like invention and inventorship are as constructed as technoscientific claims are in laboratories. Courts should thus be seen as sites of construction through processes framed by specific discursive and evidentiary technologies like bureaucratic paperwork, literary technologies, historiographic accounts of inventorship, and models of artifacts and devices. I draw my examples from the British disputes of the Marconi Company concerning the patenting of wireless telegraph and radio communication technologies in the first half of the twentieth century. The paper tracks Marconi’s circulation of publications, models, historical reconstruction of inventions, and expert witnessing. It unravels the material, discursive, textual, and evidentiary constructions of legality.


2013 ◽  
Vol 6 (3) ◽  
Author(s):  
Aaron Trammell

This paper explores the perspectives of Magic: The Gathering (MTG) fans, as they interpret and parse intellectual property law regarding the alteration, and subsequent sale of artwork on Magic: The Gathering cards. MTG is a transmedia product that is supported by a fan base, which collects, plays, and discusses the game online in web forums and virtual game-spaces, and offline in hobby stores and community spaces across the world. This fan community is atypical because, for the most part, participants are highly concerned with the economic value of the MTG cards they own and trade. This paper draws attention to the complicated ethical landscape of intellectual property law as it pertains to artistic modification. The paper concludes that corporations should be legally required to set up a “safe haven” policy regarding the rights of consumers to produce derivative works, and, similar to creative commons licensing, to stipulate therein how issues of acknowledgement, reproduction, and sale of the product should be managed.


Author(s):  
Mark J. Davison ◽  
Ann L. Monotti ◽  
Leanne Wiseman

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