Putting Intellectual Property in Its Place

2014-03

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Author: Laura J. Murray
Publisher: Oxford University Press
ISBN: 0199336261
Category : Law
Languages : en
Pages : 226

Putting Intellectual Property in its Place examines the relationship between creativity and intellectual property law on the premise that, despite concentrated critical attention devoted to IP law from academic, policy and activist quarters, its role as a determinant of creative activity is overstated. The effects of IP rights or law are usually more unpredictable, non-linear, or illusory than is often presumed. Through a series of case studies focusing on nineteenth century journalism, "fake" art, plant hormone research between the wars, online knitting communities, creativity in small cities, and legal practice, the authors discuss the many ways people comprehend the law through information and opinions gathered from friends, strangers, coworkers, and the media. They also show how people choose to share, create, negotiate, and dispute based on what seems fair, just, or necessary, in the context of how their community functions in that moment, while ignoring or reimagining legal mechanisms. In this book authors Murray, Piper, and Robertson define "the everyday life of IP law", constituting an experiment in non-normative legal scholarship, and in building theory from material and located practice.

Copyfraud and Other Abuses of Intellectual Property Law

2011-10-05

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Author: Jason Mazzone
Publisher: Stanford University Press
ISBN: 0804779155
Category : Law
Languages : en
Pages : 312

Intellectual property law in the United States does not work well and it needs to be reformed—but not for the reasons given by most critics. The issue is not that intellectual property rights are too easily obtained, too broad in scope, and too long in duration. Rather, the primary problem is overreaching by publishers, producers, artists, and others who abuse intellectual property law by claiming stronger rights than the law actually gives them. From copyfraud—like phony copyright notices attached to the U.S. Constitution—to lawsuits designed to prevent people from poking fun at Barbie, from controversies over digital sampling in hip-hop to Major League Baseball's ubiquitous restriction on sharing any "accounts and descriptions of this game," overreaching claims of intellectual property rights are everywhere. Overreaching interferes with legitimate uses and reproduction of a wide variety of works, imposes enormous social and economic costs, and ultimately undermines creative endeavors. As this book reveals, the solution is not to change the scope or content of intellectual property rights, but to create mechanisms to prevent people asserting rights beyond those they legitimately possess. While there are many other books on intellectual property, this is the first to examine overreaching as a distinct problem and to show how to solve it. Jason Mazzone makes a series of timely proposals by which government, organizations, and ordinary people can stand up to creators and content providers when they seek to grab more than the law gives them.

Intellectual Property and Open Source

2008-07-15

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Author: Van Lindberg
Publisher: "O'Reilly Media, Inc."
ISBN: 1449391109
Category : Computers
Languages : en
Pages : 394

"Clear, correct, and deep, this is a welcome addition to discussions of law and computing for anyone -- even lawyers!"-- Lawrence Lessig, Professor of Law at Stanford Law School and founder of the Stanford Center for Internet and Society If you work in information technology, intellectual property is central to your job -- but dealing with the complexities of the legal system can be mind-boggling. This book is for anyone who wants to understand how the legal system deals with intellectual property rights for code and other content. You'll get a clear look at intellectual property issues from a developer's point of view, including practical advice about situations you're likely to encounter. Written by an intellectual property attorney who is also a programmer, Intellectual Property and Open Source helps you understand patents, copyrights, trademarks, trade secrets, and licenses, with special focus on the issues surrounding open source development and the GPL. This book answers questions such as: How do open source and intellectual property work together? What are the most important intellectual property-related issues when starting a business or open source project? How should you handle copyright, licensing and other issues when accepting a patch from another developer? How can you pursue your own ideas while working for someone else? What parts of a patent should be reviewed to see if it applies to your work? When is your idea a trade secret? How can you reverse engineer a product without getting into trouble? What should you think about when choosing an open source license for your project? Most legal sources are too scattered, too arcane, and too hard to read. Intellectual Property and Open Source is a friendly, easy-to-follow overview of the law that programmers, system administrators, graphic designers, and many others will find essential.

Putting Labour in its Place

2017-09-16

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Author: Kirsty Newsome
Publisher: Bloomsbury Publishing
ISBN: 1137410361
Category : Business & Economics
Languages : en
Pages : 312

Part of the Comparative Work and Employment Relations series, Putting Labour in its Place is an edited collection, containing cutting-edge research and theoretical innovation on global value chains, the nature of work and labour process theory. It addresses the different processes around the world that each add value to the goods or services being produced; whilst also analysing the idea of labour itself and the exploitation surrounding it. Key benefits: - Written by leading international academics. - A landmark text combining the growing interest in global value chains with labour process theory. - Provides up-to-date critical analysis of global developments.

Copyright and Collective Authorship

2019-05-02

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Author: Daniela Simone
Publisher: Cambridge University Press
ISBN: 1107199956
Category : Law
Languages : en
Pages : 327

Addresses the difficult question of how to determine the authorship, and ownership, of copyright in highly collaborative works.

The Routledge Handbook of Heritage and the Law

2024-02-14

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Author: Lucas Lixinski
Publisher: Taylor & Francis
ISBN: 1003852262
Category : Art
Languages : en
Pages : 683

The Routledge Handbook of Heritage and the Law sheds light on the relationship between the two fields and analyses how the law shapes heritage and heritage practice in both expected and unexpected ways. Including contributions from 41 authors working across a range of jurisdictions, the volume analyses the law as a transnational phenomenon and uses international and comparative legal methodologies to distil lessons for broad application. Demonstrating that the law is fundamentally a language of power and contestation, the Handbook shows how this impacts our views of heritage. It also shows that, to understand the ways in which the law impacts key aspects of heritage practice, it is important to tap into the possibilities of heritage as points of convergence of identity, struggles over resources, and the distribution of power. Framing heritage as a driver for legal engagement rather than a passive regulatory object, the book first reviews the legal fields or mechanisms that can shape action in the heritage field, then questions how these enable authority and give power to those who seize heritage, and finally envisions how the discussion between heritage and the law can lay new grounds in both those fields. Lifting the mists that often render the law opaque in heritage studies, the Handbook showcases the law as a medium through which the culture and the power of heritage are expressed and might be shared. The Routledge Handbook of Heritage and the Law presents a view of the law that is aimed at those who wish to reflect on how law has changed, or could change, what heritage is and how it can support social, cultural, local, or other development. It will be of interest to scholars, students, policymakers, and practitioners working in the areas of museum studies, heritage studies, and urban studies, as well as in cultural intervention and planning.

Copyright Beyond Law

2016-11-17

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Author: Marta Iljadica
Publisher: Bloomsbury Publishing
ISBN: 1509902015
Category : Law
Languages : en
Pages : 328

The form of graffiti writing on trains and walls is not accidental. Nor is its absence on cars and houses. Employing a particular style of letters, choosing which walls and trains to write on, copying another writer, altering or destroying another writer's work: these acts are regulated within the graffiti subculture. Copyright Beyond Law presents findings from empirical research undertaken into the graffiti subculture to show that graffiti writers informally regulate their creativity through a system of norms that are remarkably similar to copyright. The 'graffiti rules' and their copyright law parallels include: the requirement of writing letters (subject matter) and appropriate placement (public policy and morality exceptions for copyright subsistence and the enforcement of copyright), originality and the prohibition of copying (originality and infringement by reproduction), and the prohibition of damage to another writer's works (the moral right of integrity). The intersection between the 'graffiti rules' and copyright law sheds light on the creation of subculture-specific commons and the limits of copyright law in incentivising and regulating the production and location of creativity.

The Palgrave Handbook of Creativity at Work

2018-07-20

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Author: Lee Martin
Publisher: Springer
ISBN: 331977350X
Category : Business & Economics
Languages : en
Pages : 658

This Handbook provides authoritative up-to-date scholarship and debate concerning creativity at work, and offers a timely opportunity to re-evaluate our understanding of creativity, work, and the pivotal relationship between them. Far from being a new arrival on the scene, the context of work has always been a place shaped and sharpened by creativity, as well as a site that determines, where, when, how, and for whom creativity emerges. Structured in four parts – Working with Creativity (the present); Putting Creativity to Work (in an organizational context); Working in the Creative Industries (creative labour); and Making Creativity Work (the future) – the Handbook is an inspirational learning resource, helping us to work with creativity in innovative ways. Providing a cutting edge, interdisciplinary, diverse, and critical collection of academic and practitioner insights, this Handbook ultimately conveys a message of hope: if we take better care of creativity, our creativity will better care for us.

Intellectual Property Basics: A Q&A for Students

2019-04-26

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Author: World Intellectual Property Organization
Publisher: WIPO
ISBN: 9280530356
Category : Law
Languages : en
Pages : 72

Compiled by the China National Intellectual Property Administration (CNIPA) with the support of the WIPO China Funds-in-Trust, this book gives students a basic yet comprehensive understanding of IP. Using a question-and-answer format, it covers the general rules of the IP system as well as the essentials of patents, copyright, trademarks and other forms of IP, such as industrial designs, geographical indications and traditional knowledge.

Moral Rights, Creativity, and Copyright Law

2024-01-16

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Author: Sarah Hook
Publisher: Taylor & Francis
ISBN: 1003835066
Category : Law
Languages : en
Pages : 155

This book argues that moral rights provisions in copyright law rest on a misunderstanding, or romanticisation, of the role of the author. The Romantic conception of authorship, as a lone genius, creating from nothing, sensitive and vulnerable, has helped publishers push for strong copyright reform. But is this conception borne out in practice – especially in a world of meme culture, of artificial intelligence generated art and poetry, and of open source and fan fiction? This book probes the romantic vignette of the author through its legal adoption. Moral rights are rights that attach to the non-economic – for example, intellectual or emotional – interests of an author in their work. Much like defamation, moral rights see the right of reputation as superior to the right of freedom of expression. However, unlike defamation, moral rights are not protecting against defamatory actions against a person. In most jurisdictions, they are provisions set within copyright regimes; regimes whose purpose is to incentivise innovation. Challenging the way we think about authorship and how it should be protected by law, the book draws on a wide range of historical and contemporary examples to demonstrate how moral rights can constitute a barrier to transformative creativity. While authors and artists require strong rights to protect their ability to earn an income and incentivise creativity, moral rights, the book argues, may in turn actually harm their ability to do so. This timely criticism of moral rights will appeal to researchers, students, policy makers and lawyers working in the area of intellectual property law, as well as legal theorists, sociolegal scholars and legal historians with relevant interests.