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This book retraces the emergence of conceptions of authorship in late-eighteenth-century Germany by studying the material form of Immanuel Kant's 1785 essay, 'On the Wrongfulness of Reprinting'. Drawing upon book history, media theory, and literary studies, Benjamin Goh analyses the essay's paratexts as indices of literary production in the German Enlightenment. Far from being an idealist proponent of intellectual property, Kant is shown to be a media theorist and practitioner, whose critical negotiation with the evolving print machinery in his time helps illuminate our present struggle with digital technology and the mounting pressures borne by copyright as a proprietary institution. Through its novel perspective on established debates surrounding authorship, this book critiques the proprietary conception of authorship in copyright law, and proposes an ethical alternative that responds to the production, circulation, and reading of literature.
Beer affects the law, and the law affects beer. The regulation of beer goes back thousands of years, and beer laws have shaped society in both obvious and unexpected ways. Beer Law provides a fun and accessible account of the complex interaction between law and beer. The book engages with a broad range of beer law topics including:Health,Intellectual property,Consumer protection and unfair competition,Contract,Competition,International trade,Environment,Tax.The book also provides a detailed description of beer, brewing, beer as a product, and the brewing industry, as well as an overview of some broad lessons from the regulation of beer. Given the importance of understanding law in context, the book also explores beer, beer culture and beer laws in more detail with a focus on Belgium, the Czech Republic, Germany, the Nordic countries, North America, and Britain and Ireland.
Through a systematic analysis of the context and drafting history of the European Convention on Human Rights (ECHR), the book uncovers a hitherto unnoticed disconnect between the moral justification for the inclusion of property rights in the ECHR and the legal scope of protection of the right of legal persons to enjoyment of their possessions in Article 1 of the First Protocol. The study shows how, before the adoption of the ECHR, the concepts of legal personality and possessions functioned as legal fictions in European civil and common law to facilitate ownership and sale of tangible and intangible property, shares, debts, securities and intellectual property. The Court's construction of the ambiguous text of Article 1 of the First Protocol and its application to corporate intellectual property rights is reviewed in this light and shown to have been initially anchored in the legal fictions of national laws and later expanded and reinforced by European Union law. Aurora Plomer is Professor Emeritus of Intellectual Property and Human Rights at the University of Bristol. She has published numerous books and articles in peer-reviewed international journals on the interface between intellectual property, human rights and innovation. The research for this monograph was funded by a Major Research Fellowship from the Leverhulme Trust (MRF 2019-112).
In The Secret Life of Copyright, copyright law meets Black Lives Matter and #MeToo as the book examines how copyright law unexpectedly perpetuates inequalities along racial, gender, and socioeconomic lines while undermining progress in the arts. Drawing on numerous case studies, the book argues that, despite their purported neutrality, key doctrines governing copyrights-such as authorship, derivative rights, fair use, and immunity from First Amendment scrutiny-systematically disadvantage individuals from traditionally marginalized communities. The work advocates for a more robust copyright system that better addresses egalitarian concerns and serves the interests of creativity. Given that laws regulating the use of creative content increasingly mediate participation and privilege in the digital world, The Secret Life of Copyright provides a template for a more just and equitable copyright system.
One of the common themes in recent public debate has been the law's inability to accommodate the new ways of creating, distributing and replicating intellectual products. In this book the authors argue that in order to understand many of the problems currently confronting the law, it is necessary to understand its past. This is its first detailed historical account. In this book the authors explore two related themes. First, they explain why intellectual property law came to take its now familiar shape with sub-categories of patents, copyright, designs and trade marks. Secondly, the authors set out to explain how it is that the law grants property status to intangibles. In doing so they explore the rise and fall of creativity as an organising concept in intellectual property law, the mimetic nature of intellectual property law and the important role that the registration process plays in shaping intangible property.
Governing Misinformation in Everyday Knowledge Commons delves into the complex issue of misinformation in our daily lives. The book synthesizes three scholarly traditions - everyday life, misinformation, and governing knowledge commons - to present 10 case studies of online and offline communities tackling diverse dilemmas regarding truth and information quality. The book highlights how communities manage issues of credibility, trust, and information quality continuously, to mitigate the impact of misinformation when possible. It also explores how social norms and intentional governance evolve to distinguish between problematic disinformation and little white lies. Through a coproduction of governance and (mis-)information, the book raises a set of ethical, economic, political, social, and technological questions that require systematic study and careful deliberation. This title is also available as Open Access on Cambridge Core.
This ground-breaking work delves into the world of sub-patent intellectual property rights, exploring utility model and similar protection offered by over 100 countries worldwide. Drawing on the expertise of leading scholars from around the globe, this volume provides a comprehensive analysis of sub-patent protection systems, comparing and contrasting statutory frameworks, registration requirements, corporate strategies and litigation tactics. The book also highlights current policy debates surrounding these systems, including their potential to promote local innovation and economic development, proposals for cross-border harmonization, and their interaction with increasingly integrated litigation systems. This book is an invaluable resource for scholars, attorneys, historians, economists, and anyone dealing with complex international intellectual property matters. This title is also available as Open Access on Cambridge Core.
This book focuses on music industry contracts and the contractual dynamics between composing and/or performing musicians and their primary partners in the digitised music industry, namely music publishers and record companies, taking account of the ubiquitous nature of music streaming. It focuses on the question of how the legal framework intervenes and should intervene in such contracts, both in theory and in practice. Its objective is to contribute to a level playing field that counteracts the imbalance in bargaining power between musicians and their corporate partners in a proportionate way. The book draws upon an analysis of copyright contract law at the European Union and national level, as well as relevant principles of general contract law, competition law and related applicable rules that curb business-to-business contract terms and trade practices characterised as unreasonable. The book studies the applicable legal framework in Belgium, France, Germany, the Netherlands and the United Kingdom.This title is part of the Flip it Open Programme and may also be available Open Access. Check our website Cambridge Core for details.
This volume assesses the role of intellectual property in pandemic times through lessons learned from COVID-19. Authored by an international roster of experts, chapters diagnose causes for the inequitable distribution of lifesaving COVID-19 vaccines and offer concrete suggestions for reform. From delinking vaccine development from monopoly rights in technology, to enhanced legal requirements under national and international law for sharing publicly funded technologies, to requiring funding from rich nations to former colonies to build local vaccine manufacturing capacity in low and middle-income countries (including those in Africa), this work highlights timely IP reforms that prepare us for the next pandemic. This title is also available as Open Access on Cambridge Core.
While growing disparities in wealth and income are well-documented across the globe, the role of intellectual property rights is often overlooked. This volume brings together leading commentators from around the world to interrogate the interrelationship between intellectual property and economic inequality. Interdisciplinary and globally oriented by design, the book features economists, legal scholars, policy analysts, and other experts. Chapters address the impact of intellectual property rights on economic inequality, the effect of economic inequality on the protection and enforcement of these rights, and the potential use of innovation law and policy to help reduce economic inequality. The volume also tackles timely issues like race and gender disparities and the North-South divide in innovation. This book is available as Open Access on Cambridge Core.
This highly accessible and engaging introduction to IP law encourages readers to critically evaluate the ownership of intangible goods. The rigorous pedagogy, featuring many real-world cases, both historical and up-to-date, full colour images, discussion exercises, end-of-chapter questions and activities, allows readers to engage fully with the philosophical concepts foundational of the subject, while also enabling them to independently analyse key cases, texts and materials relevant to IP law in the contemporary world. This innovative textbook, written by one of the leading authorities on the subject, is the ideal route to a full understanding of copyright, patents, designs, trade marks, passing off, remedies and litigation for undergraduate and beginning graduate students in IP law.
This book takes as its starting point recent debates over the dematerialisation of subject matter which have arisen because of changes in information technology, molecular biology, and related fields that produced a subject matter with no obvious material form or trace. Arguing against the idea that dematerialisation is a uniquely twenty-first century problem, this book looks at three situations where US patent law has already dealt with a dematerialised subject matter: nineteenth century chemical inventions, computer-related inventions in the 1970s, and biological subject matter across the twentieth century. In looking at what we can learn from these historical accounts about how the law responded to a dematerialised subject matter and the role that science and technology played in that process, this book provides a history of patentable subject matter in the United States. This title is available as Open Access on Cambridge Core.
Protection for intellectual property has never been absolute; it has always been limited in the public interest. The benefits of intellectual property protection are meant to flow to everyone, not just a limited population of creators and the corporations that represent them. Given this social-utility function, intellectual property regimes must address issues of access, inclusion, and empowerment for marginalized and excluded groups. This handbook defines an approach to considering social justice in intellectual property law and regulation. Top scholars in the field offer surveys of social justice implementation in patents, copyright, trademarks, trade secrets, rights of publicity, and other major IP areas. Chapters define Intellectual Property Social Justice theory and include recommendations for reforming aspects of IP law and administration to further social justice by providing better access, more inclusion, and greater empowerment to marginalized groups.
5G communications technologies will transform entire industries around the world and are already a core element of the mobile communications and automotive ecosystems. 5G and Beyond brings together some of the world's leading thinkers in law, economics, and competition policy, drawn from academia, government, and industry, to lay the intellectual foundation for sound innovation and competition policy in wireless-enabled environments. Contributors include former heads of the U.S. Patent & Trademark Office, Commissioners of the U.S. Federal Trade Commission and International Trade Commission, distinguished academics, and industry leaders. Chapters provide economically grounded and empirically informed analyses of the innovation policy issues involved in the development and adoption of 5G-enabled computing and communications technologies in the Internet of Things. This title is also available as open access on Cambridge Core.
This book explores how copyright laws are perceived within street art and graffiti subcultures to examine how artists and writers view certain creative aspects of their own practice. Drawing on ethnographic research and fieldwork, the book gives voice to the main actors of these communities and highlights their feelings and opinions toward issues that are increasingly impacting their everyday life and work. It also touches on related and complementary issues, such as the 'gallerisation' or economic exploitation of these forms of art and the curious similarities between the graffiti and advertising worlds. Unique and comprehensive, Copyright on the Street brings the 'voice from the street' into the debate over the legal and non-legal protection of street art and graffiti.
This handbook challenges the conventional wisdom that intellectual property is the law of creativity. Traditionally, IP has been instrumental for protecting creations of the mind, with only inventors of original works enjoying exclusive rights. Related, sui generis, and quasi-IP rights, which protect monetary investments and efforts rather than originality and inventiveness, were considered exceptions to the general principles of IP. But increasingly, IP rights are being granted to safeguard corporate investments. This handbook brings together an international roster of contributors to explore this emerging trend. Why are investments the primary driver of legal protection, and often the main requirement to obtain it? Who benefits from such new forms of protection? What should the scope of these new rights be? And are they desirable in the first place? In doing so, the volume is the first to highlight and systematically critique the move from 'intellectual' to 'investment' property.
The rise of 'smart' – or technologically advanced – cities has been well documented, while governance of such technology has remained unresolved. Integrating surveillance, AI, automation, and smart tech within basic infrastructure as well as public and private services and spaces raises a complex set of ethical, economic, political, social, and technological questions. The Governing Knowledge Commons (GKC) framework provides a descriptive lens through which to structure case studies examining smart tech deployment and commons governance in different cities. This volume deepens our understanding of community governance institutions, the social dilemmas communities face, and the dynamic relationships between data, technology, and human lives. For students, professors, and practitioners of law and policy dealing with a wide variety of planning, design, and regulatory issues relating to cities, these case studies illustrate options to develop best practice. Available through Open Access, the volume provides detailed guidance for communities deploying smart tech.