New directions in copyright law  v. 1 ~ v. 6

edited by Fiona Macmillan

The chapters in this volume are written by international experts from a variety of disciplines, employing a range of theoretical and methodological approaches to issues in copyright law. This volume, and the series of which it is the final part, is structured around the six themes of the AHRC Network on New Directions in Copyright Law, which are: Theoretical Framework of Copyright Law; Globalisation, Convergence and Divergence; Developments in Rights Neighbouring on Copyright; Protection of Traditional Knowledge and Culture; Copyright and the New Technologies; and, Copyright, Corporate Power and Human Rights. Accordingly, the volume addresses itself to all those with an interest in copyright, regardless of discipline.

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This book continues the exploration of the role, function and theoretical basis of copyright law examined in the first four volumes. "New Directions in Copyright Law, Volume 5" offers valuable insights into simulating international research and debate about the future of the copyright system. The international and multidisciplinary core of scholars in this book focus on two themes: copyright and the new technologies; and copyright, corporate power and human rights. This book should be read by anyone interested in the future of copyright, regardless of discipline.

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This fourth volume in the series contains further exploration of the main themes considered in the first three volumes and brings together perspectives on copyright from law and legal theory, political economy, human rights, cultural studies and social theory. "New Directions in Copyright Law, Volume 4" offers insightful contributions from leading commentators on a range of issues affecting the development and direction of copyright law. The volume is divided into six parts. In the first part, the theoretical framework of copyright law is explored through the concepts of the market place of ideas and the public domain. While a number of chapters address substantive aspects of copyright law reform, the second part of the volume contains a chapter that marries substantive questions with issues around the mechanics, limitations and possibilities of the reform process. In the third part, two chapters consider the problematic notion of paternity rights from contrasting disciplinary perspectives. The interface between copyright law and the burgeoning new technologies is considered through a range of theoretical and methodological approaches. In the fourth part of the volume, legal theorists address issues around open access, open source, free software, and the implications of network theory for the relationship between copyright law and the Internet. Moving away from the concerns of so-called 'high technology', the fifth part of the volume considers the equally fraught question of the protection of traditional knowledge and cultural property through an analysis of the limits of law. The final part of the volume, which deals with copyright's uncomfortable relationship with human rights, sees a return to issues around the new technologies with a focus on the political economy of open source software, and on the issue of information access and fundamental rights.

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As one of the most flexible of the intellectual property rights, copyright law is under constant pressure to adapt and expand in the face of new and sometimes unforeseen challenges and developments. This book is the first in an important new six volume series whose aim is to consider the purpose, role, function and future of the copyright system. The book, and indeed the series, comprises thoughtful, critical and often challenging contributions from an international, multidisciplinary network of scholars. It brings together perspectives on copyright from law, politics, economics, cultural studies and social theory in an effort to forge a truly coherent and meaningful agenda for the future of copyright. Volume 1 presents first a thorough re-examination of the underlying theoretical foundations of copyright law, engaging with such issues as the moral justifications for copyright, and the appropriateness of copyright in a globalised world. The book goes on to examine the convergence and divergence of intellectual property rights in the context of globalisation. Bold in its attempt to be original, this book should be read by anyone interested in the future of copyright, regardless of discipline, and in intellectual property more generally.

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[目次]

  • Contents: Preface Fiona Macmillan PART I: COPYRIGHT, CORPORATE POWER AND HUMAN RIGHTS 1. Database Sui Generis Right: The Need to Take the Public's Right to Information and Freedom of Expression into Account Estelle Derclaye 2. Author's Right, Copyright and the Public's Right to Information: A Complex Relationship (Rethinking Copyright in the Light of Fundamental Rights) Christophe Geiger 3. Traditional Cultural Expressions in a Matrix of Copyright, Cultural Diversity and Human Rights Christoph Beat Graber 4. Comparative Advertising: The Conflicting Claims of Copyright, Unfair Competition and Freedom of Expression Jonathan Griffiths 5. Political Economy of Intellectual Property Policy-Making: Theory and Practice - An Observation from a Realistic (and Slightly Cynical) Perspective Meir Perez Pugatch PART II: COPYRIGHT AND THE NEW TECHNOLOGIES 6. Copyright Law: A Stakeholders' Palimpsest Uma Suthersanen 7. How Technology Changes the Scope, Strength and Usefulness of Copyright: Revisiting the 'Economic Rationales' Underpinning Copyright Law in the New Economy Birgitte Andersen 8. Fertile Ground: Law, Innovation and Creative Technologies Kathy Bowrey 9. Owning Form, Sharing Content: Natural-Right Copyright and Digital Environment Maurizio Borghi Index

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[目次]

  • Contents:PrefaceFiona MacmillanPART I: THEORETICAL FRAMEWORK OF COPYRIGHT LAW1. Why has Copyright Expanded? Analysis and CritiqueNeil W. Netanel2. Copyright and the Sequel: What Happens Next?Ian Eagles3. Copy: From Wrong to RightStina Teilmann4. Property Rights and the Efficient Exploitation of Copyrighted Works: An Empirical Analysis of Public Domain and Copyrighted Fiction Best SellersPaul J. Heald5. 'Don't Fence Me In': Travels on the Public DomainEva Hemmungs WirtenPART II: GLOBALISATION, CONVERGENCE AND DIVERGENCE6. Cross Border Market Segmentation and Price Discrimination:Copyright and Competition at OddsLouise Longdin7. Foreign and International Influences on National Copyright Policy: A Surprisingly Rich PictureGraeme DinwoodiePART III: DEVELOPMENTS IN RIGHTS NEIGHBOURING ON COPYRIGHT8. Continuing Problems with Film CopyrightMichael HandlerPART IV: PROTECTION OF TRADITIONAL KNOWLEDGE AND CULTURE9. Universalist Norms for a Globalised Diversity: On the Protection of Traditional Cultural ExpressionsAndreas Rahmatian10. How Much is Too Little?Robynne QuigginPART V: COPYRIGHT AND THE NEW TECHNOLOGIES11. P2P@softwar(e).com: Or the Art of Cyberspace 3.0Joseph Savirimuthu12. Modelling Copyright Exceptions: Law and Practice in Australian Cultural InstitutionsEmily Hudson, Andrew T. Kenyon and Andrew F. ChristiePART VI: COPYRIGHT, CORPORATE POWER AND HUMAN RIGHTS13. Copyright, The World Trade Organization, and Cultural Self-DeterminationFiona Macmillan14. On European Narratives of Human Rights and their Possible Implications for CopyrightHelle Porsdam15. Authors' Rights as a Limit to Copyright ControlLeslie Treiger-Bar-AmIndex

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[目次]

  • Preface Part I: Theoretical Framework of Copyright Law Part II: Globalisation, Convergence and Divergence Part III: Developments in Rights Neighbouring on Copyright Part IV: Protection of Traditional Knowledge and Culture Part V: Copyright and the New Technologies Part VI: Copyright, Corporate Power and Human Rights Index.

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[目次]

  • Preface by Fiona Macmillan
  • Part I: Theoretical Framework of Copyright Law
  • Part II: Globalisation, Convergence and Divergence
  • Part III: Developments in Rights Neighbouring on Copyright
  • Part IV: Copyright and the New Technologies
  • Part IV: Copyright and the New Technologies
  • Part V: Protection of Traditional Knowledge and Culture
  • Part VI: Copyright, Corporate Power and Human Rights
  • Index.

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[目次]

  • Preface Part I: Theoretical Framework of Copyright Law 1. Creative Improper Property: Copyright and the Non-Western World 2. The Moral Preference for DRM Ordered Markets in the Digitally Networked Environment 3. Can we Afford to Think About Copyright in a Global Marketplace? 4. Justifications for Copyright: The Evolution of Le Droit Moral Part II: Globalisation, Convergence and Divergence 5. From Pax Americana to Lex Americana: American Legal and Cultural Hegemony 6. Convergence of Intellectual Property Rights and the Establishment of 'Hybrid' Protection under TRIPS 7. The Social and Economic Effects of Copyright in the Music Industry: Contribution to the Convergence versus Divergence Debate 8. Freelance Authors for Free: Globalisation of Publishing, Convergence of Copyright Contracts and Divergence of Judicial Reasoning 9. The Regulation of Peer-to-Peer File Sharing Networks: Legal Convergence v. Perception Divergence Index

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この本の情報

書名 New directions in copyright law
著作者等 Patfield, Fiona
Macmillan Fiona
Bowrey Kathy
巻冊次 v. 1
v. 2
v. 3
v. 4
v. 5
v. 6
出版元 E. Elgar
刊行年月 c2005-
ページ数 v.
大きさ 24-25 cm
ISBN 1845422619
1845422600
9781845422639
9781845422646
9781845422653
9781845422622
NCID BA73751595
※クリックでCiNii Booksを表示
言語 英語
出版国 イギリス
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