Considerations for translation rights 2.0

2012 ◽  
Vol 1 ◽  
pp. 81-100 ◽  
Author(s):  
Gaafar Sadek
Keyword(s):  
Intellectual Property ◽  
Language Policy ◽  
Information Society ◽  
Translation Studies ◽  
Copyright Law ◽  
Digital Information ◽  
Interactive Technologies ◽  
Translation Rights ◽  
History Of ◽  
Property Regime

As the contours of the globalized digital information society become apparent, so does the need for a reform of translation rights within the intellectual property regime. The history of translation rights provides insights that help us understand the underlying economic and political tensions in copyright negotiations today. The various versions of agency in translation studies, which run parallel to recent interactive technologies, destabilize important notions in copyright law, such as authorship, originality, and the idea-expression dichotomy. Finally, translational ethics can perhaps contribute to redirect current dialogues on copyright and language policy towards increased interdisciplinarity and internationalism, in part, as a result of decentralizing power.

scholarly journals Non-Linear Innovation

2016 ◽  
Vol 61 (3) ◽  
pp. 563-610 ◽  
Author(s):  
Michal Shur-Ofry
Keyword(s):  
Intellectual Property ◽  
Copyright Law ◽  
Multidisciplinary Research ◽  
Property Theory ◽  
Science And Art ◽  
Non Linear ◽  
Cultural Preference ◽  
History Of ◽  
Cumulative Innovation ◽  
Property Regime

Contemporary intellectual property theory concentrates on the cumulative and incremental nature of innovation and creation. A prevalent image depicts authors and inventors as “standing on the shoulders of giants.” This article focuses on a different type of innovation that has been largely overlooked by intellectual property theory and doctrine: innovation in the domains of science and art that breaks with convention, disputes existing paradigms, and “steps off” giants’ shoulders. I term it “non-linear innovation”. Drawing on multidisciplinary research ranging from the history of science, through network analysis of radical inventions, to studies of creativity, this article illuminates an embedded socio-cultural preference for incremental and linear novelty over paradigm-changing innovation. It then inquires whether intellectual property doctrine reflects this bias and whether the intellectual property regime can better foster non-linear innovation. The examination yields a series of counterintuitive recommendations concerning numerous patent and copyright law doctrines. More broadly, the analysis indicates that neither the “shoulders of giants” metaphor nor the opposite image of the “lone genius” adequately capture the dynamics of non-linear innovation. It further suggests that expanding intellectual property’s narrative of progress to accommodate non-linear innovation, alongside cumulative innovation, could significantly contribute to the ecosystem of innovation and creation.

13. Databases

2019 ◽  
pp. 330-358
Author(s):  
Andrew Murray
Keyword(s):  
Intellectual Property ◽  
Information Society ◽  
Copyright Law ◽  
Intellectual Property Protection ◽  
Database Right

This chapter examines database right, a sui generis form of intellectual property protection, the roots of which are to be found in copyright law. It first compares copyright and database rights before turning to cases in which the UK’s Copyright, Designs and Patents Act 1988 was applied to listings of information in the form of a simple database. The chapter then considers the European Union’s Database Directive and analyses the Fixtures Marketing, British Horseracing Board Ltd v William Hill, and Football Dataco v Yahoo! cases. Finally, it looks at databases, along with the intellectual property issues that they generate, within the framework of the information society.

scholarly journals The Reality of the Application of Intellectual Property Legislation on Digital Information Resources at the Libraries of Public Universities in Jordan (Dissertation)

2021 ◽  
Author(s):  
Afaf A. Abu Sirhan
Keyword(s):  
Intellectual Property ◽  
Public Universities ◽  
Technological Development ◽  
Copyright Law ◽  
Information Resources ◽  
Digital Information ◽  
National Library ◽  
Digital Resources ◽  
Actual Application ◽  
The University

Despite the scientific and technological development, libraries of Jordanian universities suffer from an obvious lack of digital information resources, because for many reasons, the most important of these is the non-application of intellectual property legislation (IPL) related to these resources. This study investigated the reality of the application of intellectual property legislation related to digital information resources at the libraries of public universities in Jordan. The population study consisted of all employees of departments of digital information resources. The study sample was (74) employees. Texts of regulations for the intended libraries and the Jordanian copyright law No. (22) for the year (1992) were reviewed and analyzed. In addition, a questionnaire was developed regarding the actual application of intellectual property legislation relating to digital resources at the university libraries in Jordan. Results revealed that the application of IP legislation relating to digital resources at the libraries of public universities in Jordan was moderate and that the supervising to the libraries of universities from the National Library regarding the protection of intellectual property rights of digital resources was moderate. The study recommended the application of intellectual property legislation related to digital resources in the intended libraries, this could be achieved through including intellectual property legislation in the regulations of public services in the intended libraries, to provide for the terms of protecting IP rights for digital resources, improving the legislation, developing of the Jordanian copyright law to be compatible with digital information resources, providing the necessary support for these libraries, and emphasizing the role of the National Library.

scholarly journals Digital Information and Value: A Response to Jakob Rigi

2019 ◽  
Vol 17 (1) ◽  
pp. 72-85
Author(s):  
Bryan Parkhurst
Keyword(s):  
Intellectual Property ◽  
Value Theory ◽  
Digital Information ◽  
Digital Production ◽  
The Status ◽  
To Come ◽  
The Relationship ◽  
Property Regime ◽  
Labour Time ◽  
Do So

In a series of recent articles, Jakob Rigi has formulated an articulate and sophisticated Marxian view about the relationship between digital production and value theory. Anyone interested in the economic dynamics of FAMGA (Facebook, Apple, Microsoft, Google and Amazon) needs to come to terms with the position Rigi stakes out. In this article, I challenge Rigi’s thesis that profits from the sale of digital information (DI) constitute rent. I do so by calling into question his conclusions concerning the valuelessness of DI. After summarising Rigi’s core position and sketching out its entailments, I make the case that (1) Rigi’s assertions about the intrinsic valuelessness of DI are not supported by the model of production he invokes; that (2) Rigi’s valuelessness argument in fact presupposes that DI has value; that (3) far from furnishing evidence that DI is valueless and therefore a source of rent income, as Rigi holds, the existence of the intellectual property regime is precisely what allows DI to act as a congealment of value (i.e. labour time) in commodity form; and that (4) Rigi misapplies Marx’s notion of reproduction to the sale/copy/distribution of DI. I offer this critique as an invitation for us to rethink, from a Marxian perspective, the status of the digital economy within the order of global capitalist value production.

Negotiating Copyright in the American Theatre: 1856–1951

2021 ◽  
Author(s):  
Brent S. Salter
Keyword(s):  
Intellectual Property ◽  
Historical Context ◽  
Copyright Law ◽  
Business History ◽  
American Theatre ◽  
The Past ◽  
Professional Norms ◽  
History Of

Drawing on fascinating archival discoveries from the past two centuries, Brent Salter shows how copyright has been negotiated in the American theatre. Who controls the space between authors and audiences? Does copyright law actually protect playwrights and help them make a living? At the center of these negotiations are mediating businesses with extraordinary power that rapidly evolved from the mid-nineteenth to mid-twentieth centuries: agents, publishers, producers, labor associations, administrators, accountants, lawyers, government bureaucrats, and film studio executives. As these mediators asserted authority over creativity, creators organized to respond, through collective minimum contracts, informal guild expectations, and professional norms, to protect their presumed rights as authors. This institutional, relational, legal, and business history of the entertainment history in America illuminates both the historical context and the present law. An innovative new kind of intellectual property history, the book maps the relations between the different players from the ground up.

scholarly journals 'Weisheit, Wahrheit und Witz'

2002 ◽  
Vol 32 (126) ◽  
pp. 126-148
Author(s):  
Jeanette Hofmann
Keyword(s):  
Intellectual Property ◽  
18Th Century ◽  
Public Domain ◽  
Copyright Law ◽  
Divine Wisdom ◽  
Late 18Th Century ◽  
History Of

This paper looks at the history of the individualization of knowledge. Intellectual property is based on the assumption that individuals are originators of insights and ideas. The notion of the author as creator is a recent invention. Until late 18th century, literati were regarded as craftsmen or mediators, who merely write down the divine wisdom by following the rules of rhetoric. The author as defined in modern copyright law thus gets a lot of credit for intellectual achievements that once were believed to be public domain.

The Ethics of Piracy

2016 ◽  
Keyword(s):  
Intellectual Property ◽  
International Development ◽  
Property Law ◽  
Intellectual Property Law ◽  
Political Processes ◽  
Ethical Debate ◽  
Norms And Values ◽  
History Of ◽  
Normative Models ◽  
Property Regime

Chapter 2 broadens out from the history of a local industry to the legal and political processes through which the globalization of intellectual property law has taken place, especially the consolidation of the intellectual property regime via the TRIPS Agreement administered by the World Trade Organization. The chapter then gets down to the everyday work routines of Maya apparel workshop owners and employees making knock-off fashion. Copying, borrowing, and appropriation are part and parcel of the elaboration of style in the highland trade. These practices are also the subject of ongoing ethical debate in Tecpán. The chapter argues that copying is evaluated by workshop owners in light of norms and values that differ significantly from those promoted in intellectual property law. The normative models, which revolve around ideas about envy, individualism, and fair and unfair competition, and market strategies evident among Maya businessmen parochialize official portraits of business ethics and innovation built into the intellectual property regime and challenge assumptions about progress, improvement, and ordering on which the international development industry is also based.

Recent Copyright Protection Schemes

2011 ◽  
pp. 182-204 ◽  
Author(s):  
Herman T. Tavani
Keyword(s):  
United States ◽  
Intellectual Property ◽  
Copyright Protection ◽  
The United States ◽  
Copyright Law ◽  
Digital Information ◽  
Property Theory ◽  
Copyright Policy ◽  
Anglo American ◽  
The Way

This chapter critically examines current copyright protection schemes that apply to digital information. We begin with a brief examination of the way in which copyright law has evolved in the United States, from its Anglo-American origins to the present, and then we examine three traditional philosophical theories of property that have been used to justify the granting of copyright protection. Arguing that each property theory is inadequate, we next consider and reject the view that intellectual property should not be protected at all (and thus should be completely free). We then critically analyze the notion of information, arguing that it should not be viewed as a commodity that deserves exclusive protection but rather as something that should be communicated and shared. Building on this view, we argue for a new presumptive principle for approaching the copyright debate — namely, the principle that information wants to be shared. Finally, we argue that presuming in favor of this principle would enable us to formulate a copyright policy that can avoid the extremes found in the two main competing contemporary positions, both of which are morally unacceptable: (1) the view that access to all digitized information should be totally free; and (2) the view that overreaching, and arguably oppressive, copyright legislation, such as the Digital Millennium Copyright Act and the Copyright Term Extension Act, is needed to protect digital information.

The Emergence and Development of United States Intellectual Property Law

2017 ◽  
Author(s):  
Oren Bracha
Keyword(s):  
United States ◽  
Intellectual Property ◽  
The United States ◽  
Copyright Law ◽  
Property Law ◽  
Trademark Law ◽  
Intellectual Property Law ◽  
History Of ◽  
Three Stages ◽  
Further Development

This chapter surveys the history of intellectual property law in the United States from its colonial origins to the present, and focuses on the three subfields that have a claim for seniority in terms of their longevity and importance: patent, copyright, and trademark. The development of these subfields is described as a process in which law has interacted with technology, economic factors, ideology, and politics. The chapter describes how at the end of the eighteenth-century American patent and copyright law emerged out of two sources: British laws and institutions and local colonial practices. The further development of American intellectual property law is analysed as comprising three stages: early patent, copyright, and trademark law; the consolidation of the modern framework of these fields through significant transformations beginning in the second half of the nineteenth century; and the various developments from the early twentieth century to the present.

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