Is protection of data through data exclusivity, technological protection measures or rights management information actually intellectual property?

2021 ◽  
pp. 169-192
Author(s):  
Margaret Ann Wilkinson
Keyword(s):  
Intellectual Property ◽  
Management Information ◽  
Protection Measures ◽  
Data Exclusivity ◽  
Rights Management

13. Rights associated with copyright

2018 ◽  
Author(s):  
L. Bently ◽  
B. Sherman ◽  
D. Gangjee ◽  
P. Johnson
Keyword(s):  
Copyright Law ◽  
Management Information ◽  
Protection Measures ◽  
Rights Management ◽  
Database Right ◽  
Droit De Suite

This chapter deals with regimes that are related to, but fall outside of, the remit of copyright law: performers’ rights; database right; public lending right; rights relating to technological protection measures and rights management information; the so-called droit de suite (artist’s resale royalty right); and proposals for a new press publishers right.

Intellectual Property and Private Ordering

2017 ◽  
Author(s):  
Reto M. Hilty
Keyword(s):  
Intellectual Property ◽  
Consumer Protection ◽  
Unfair Competition ◽  
Regulatory Mechanisms ◽  
Protection Measures ◽  
Collective Rights ◽  
Private Ordering ◽  
Standard Essential Patents ◽  
Rights Management ◽  
Collective Rights Management

This chapter considers the law’s response to the challenge posed by the use of contract and technological protection measures (TPMs) as private ordering mechanisms in intellectual property. It considers the three (factual, legal, and contractual) levels of exclusivity on which private ordering may apply, and the different tools for intervening in private ordering that currently exist. It also highlights the inability of these tools to impose effective limits on private ordering by use of TPMs particularly, and considers the desirability and feasibility of new regulatory approaches based on the laws of consumer protection, IP, and unfair competition. The inflexibility and other shortcomings of such traditional regulatory mechanisms leads to a discussion of the possibility of alternative, self-regulatory mechanisms emerging, including the conditions required to that end, drawing on the experience of standard essential patents and collective rights management in copyright.

scholarly journals Reconciling the Right to Learn with Copyright Protection in the Digital Age: Limitations of Contemporary Copyright Treaties

2019 ◽  
Vol 12 (1) ◽  
pp. 41-77 ◽  
Author(s):  
Uchenna Felicia Ugwu
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Copyright Protection ◽  
Critical Analysis ◽  
Digital Rights Management ◽  
Digital Age ◽  
Protection Measures ◽  
Digital Rights ◽  
Rights Management ◽  
The Right

Abstract This article examines whether the current exceptions to copyright granted in contemporary intellectual property agreements give effect to the user rights to learn. It looks into the nature of the user rights to learn and how it is affected by copyright, technological protection measures, and digital rights management. Critical analysis is made of the effectiveness of exceptions to copyrights in international law, for advancing the users’ right to learn in the digital age. The article proposes the right to learn as an independent user right and examines how it can be incorporated in the copyright regulations by maximizing the differentiation principle, so as to advance the overall development in society.

Intangible Cultural Property, Tangible Databases, Visible Debates: The Sawau Project

2009 ◽  
Vol 16 (3) ◽  
pp. 255-272 ◽  
Author(s):  
Guido Carlo Pigliasco
Keyword(s):  
Intellectual Property ◽  
Cultural Property ◽  
Pacific Island ◽  
Protection Measures ◽  
International Agencies ◽  
Intangible Heritage ◽  
Collaborative Tool ◽  
Digital Documentation ◽  
Pacific Island Countries

AbstractIntellectual property claims have long been sustained in a way that is now under severe scrutiny. Pacific Island countries continue to face unauthorized uses of their traditional knowledge and practices. In response, international agencies in collaboration with Pacific Island countries are promoting sui generis forms of protection. The Institute of Fijian Language and Culture's Cultural Mapping Programme looks beyond ongoing debates about indigenous collection and digitization of intangible heritage to promote sui generis protection measures in lieu of western intellectual property law. Supported by an Institute grant, the unfolding Sawau Project creates an archive of sites, stories, and shared memories of the Sawau people of Beqa, an island iconic in Fiji for its firewalking practice (vilavilairevo). Advocating a form of social intervention in situ, The Sawau Project has become a collaborative tool to encourage digital documentation, linkages, and institutional collaborations among Fijian communities and their allies to negotiate and promote alternative forms of protection.

A Digital Rights Management System for Educational Content Distribution

2009 ◽  
pp. 196-213
Author(s):  
Tom S. Chan
Keyword(s):  
Intellectual Property ◽  
Teaching And Learning ◽  
Content Distribution ◽  
Digital Rights Management ◽  
Educational Environment ◽  
The Internet ◽  
Educational Content ◽  
Digital Rights ◽  
Education Environment ◽  
Rights Management

While delivering content via the Internet can be efficient and economical, content owners risk losing control of their intellectual property. Any business that wishes to control access to, and use of its intellectual property, is a potential user of Digital Rights Management (DRM) technologies. Traditional DRM has a passive one-way downstream consumption of content from producer to consumer focus primarily concerns digital rights enforcement. This model does not translate well to the education environment where openness, informal decision making, sharing of ideas, and decentralization are valued. Collaboration and multiple authorships are common in the educational environment, as is the repurposing and modification of digital content used for teaching and learning. A DRM system for educational content distribution must be substantially more sophisticated and flexible than what is available right now to gain support in the educational community.

Online Music Distribution

2011 ◽  
pp. 325-363
Author(s):  
Francesco Spadoni
Keyword(s):  
Intellectual Property ◽  
Business Models ◽  
Digital Rights Management ◽  
Intellectual Property Protection ◽  
Digital Rights ◽  
Management Standards ◽  
Content Retrieval ◽  
Rights Management ◽  
On Line ◽  
Music Distribution

This Chapter analyses multiple aspects of on-line music distribution, investigating the major problems, the different approaches and business models, considering the different points of view and perspectives, presenting the emerging technologies and Digital Rights Management standards, analysing issues for rights clearing, Intellectual Property protection, content retrieval and metadata management.

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