scholarly journals Intellectual property in information society 9. Recent trends of copyright law issues in the U.S. and Europe.

1998 ◽  
Vol 40 (12) ◽  
pp. 1100-1119 ◽  
Author(s):  
Masanobu KATOH
Keyword(s):  
Intellectual Property ◽  
Information Society ◽  
Copyright Law ◽  
Recent Trends ◽  
The U.S

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 Information Technology and the Law

HortScience ◽  
1996 ◽  
Vol 31 (4) ◽  
pp. 697e-697
Author(s):  
Roy Collins
Keyword(s):  
Information Technology ◽  
Intellectual Property ◽  
Direct Relationship ◽  
Freedom Of Speech ◽  
Copyright Law ◽  
Property Law ◽  
National Information Infrastructure ◽  
Governmental Regulation ◽  
National Information ◽  
The U.S

This paper explores fundamental doctrines of law which increasingly constitute the rules of commerce in deploying the National Information Infrastructure (NII). Particular attention is given to efforts made within the U.S. government to ensure that an appropriate regime of intellectual property law is in place in promoting U.S. leadership in the information-based marketplace. The direct relationship between U.S. copyright law and the networked dissemination of software, audio, graphical and textual works is consequently explored. Also described is the effect of developments in information technology upon the frequently opposing interests of freedom of speech, right to privacy, and governmental regulation.

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.

Copyright’s Modest Ontology—Theory and Pragmatism in Eldred v. Ashcroft

2003 ◽  
Vol 16 (2) ◽  
pp. 163-178 ◽  
Author(s):  
Graeme W. Austin
Keyword(s):  
Intellectual Property ◽  
Judicial Review ◽  
Supreme Court Decision ◽  
The United States ◽  
Copyright Law ◽  
Economic Policies ◽  
Ontological Approach ◽  
Cultural Choices ◽  
The U.S ◽  
Law Making

Focusing on the recent U.S. Supreme Court decision, Eldred v. Ashcroft, which held that the U.S. Congress acted constitutionally when it extended copyright terms by twenty years, this article argues that copyright law in the United States for the most part responds to pragmatic imperatives. The article examines the theoretic/pragmatic distinction at an institutional level and argues that intellectual property lawmaking is at its most pragmatic in the legislative realm. While there is greater potential for theoretical concerns to influence intellectual property law-making in the judicial review context, in Eldred v. Ashcroft, the Court declined to allow grand intellectual property theories to dictate the freedom Congress enjoys to craft copyright legislation in the light of its rational view of the best (pragmatic) cultural and economic policies. The article concludes that in Eldred v. Ashcroft there can be detected an ontological approach to the “Copyright Clause” in the U.S. Constitution. The Court’s role is to ensure that Congress acts consistently with what copyright “is”; that is, a vehicle for motivating the “creative spark” of authorship. Congress has relatively free rein to determine what copyright should “do”. Moreover, any limitations on what copyright is meant to achieve are certainly not to be determined by theoretical concerns. Even the Court’s ontological approach to copyright law should be regarded as “modest,” however, given the Court’s general deference to the policy and cultural choices legislators make in the copyright field.

Fixing Improvisation

2014 ◽  
Author(s):  
Anthea Kraut
Keyword(s):  
Twentieth Century ◽  
African American ◽  
Intellectual Property ◽  
Case Studies ◽  
Copyright Law ◽  
Property Law ◽  
Intellectual Property Law ◽  
Tap Dance ◽  
American Vernacular ◽  
The Relationship

This chapter juxtaposes brief case studies of African American vernacular dancers from the first half of the twentieth century in order to reexamine the relationship between the ideology of intellectual property law and the traditions of jazz and tap dance, which rely heavily on improvisation. The examples of the blackface performer Johnny Hudgins, who claimed a copyright in his pantomime routine in the 1920s, and of Fred and Sledge, the class-act dance duo featured in the hit 1948 musical Kiss Me, Kate, whose choreography was copyrighted by the white modern dancer Hanya Holm, prompt a rethinking of the assumed opposition between the originality and fixity requirements of copyright law and the improvisatory ethos of jazz and tap dance. Ultimately, the chapter argues that whether claiming or disavowing uniqueness, embracing or resisting documentation, African American vernacular dancers were both advantaged and hampered by copyright law.

U.S. Patent/Intellectual Property Law: What Should Engineers Know?

2000 ◽  
Author(s):  
Jeff E. Schwartz ◽  
Richard T. Girards ◽  
Karen A. Borrelli
Keyword(s):  
Intellectual Property ◽  
Legal Rights ◽  
Property Law ◽  
Intellectual Property Law ◽  
New Methods ◽  
Property System ◽  
The U.S

Abstract Engineers, by the practice of their profession, regularly apply new methods and products to the end of solving old problems. These new methods and products may prove to be both commercially useful and financially valuable. The U.S. intellectual property system can afford such innovations broad protection from old fashioned “poaching” by securing for their creators/inventors powerful legal rights to such innovations.

scholarly journals History Lessons: The Early Development of Intellectual Property Institutions in the United States

2001 ◽  
Vol 15 (3) ◽  
pp. 233-246 ◽  
Author(s):  
B. Zorina Khan ◽  
Kenneth L Sokoloff
Keyword(s):  
Intellectual Property ◽  
Technical Change ◽  
The United States ◽  
Central Feature ◽  
Public Disclosure ◽  
Property System ◽  
Private Market ◽  
Strict Enforcement ◽  
Market For Technology ◽  
The U.S

The U.S. was a pioneer in establishing the world's first modern intellectual property system. That system was distinguished by the provision of broad access to, and strict enforcement of, property rights in new inventions, coupled with the requirement of public disclosure, and it was effective at stimulating the growth of a market for technology and technical change more generally. Far from being static, fundamental modifications were introduced over time in response to changing circumstances. That such adjustments so often proved to be constructive owes partly to a private market being a central feature of the system, and partly to the democratic structure of U.S. institutions.

scholarly journals INTERNATIONAL LAW ASPECTS OF GERMAN COPYRIGHT LAW (GCL)

2017 ◽  
Vol 3 (4) ◽  
pp. 93-98
Author(s):  
Юрий Юмашев ◽  
Yuriy Yumashev ◽  
Елена Постникова ◽  
Elena Postnikova
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Legal Regulation ◽  
Copyright Law ◽  
World Intellectual Property Organization ◽  
The Internet ◽  
Private International Law ◽  
Member States ◽  
Eu Member States ◽  
The Eu

The article deals with international law aspects of the GCL. To this aim firstly the international conventions on copyright law are analyzed, in particular: the Berne Convention for the Protection of Literary and Artistic Works in the wording of the Paris Act of 1971, the Convention on the Establishment of the World Intellectual Property Organization of 1967, the Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations of 1961 and Aspects of intellectual property rights (TRIPS) 1994. There is also an analysis of the EU copyright law in terms of its correlation with the law of the EU member-states and an assessment of its evolution. It is emphasized that the core fact of origin of authorship is determined on the basis of the national legislation of the Member-States. Special attention is paid to the scope of the “principle of exhausted rights”. The article also touches upon the aspect of private international law. Particular attention is paid to the legal regulation of the Internet, including Internet providers, and its impact on the formation of the GCL. The problem of combating Internet piracy is also raised, as copyright infringement often occurs in relation to works published online. In addition, the article revealed what changes were made to the GCL to comply with EU law (including secondary law acts and the practice of the EU Court). The result of the study is, among other things, the conclusion that special legal mechanisms should be developed to regulate new forms of selling works that have emerged as a result of technological progress and in the near future the Internet will undoubtedly form ways for the further development of the GCL. However, this process can negatively affect the leading role of the author as a creative person.

scholarly journals Recent Trends in U.S. Childbearing Intentions

2021 ◽  
Author(s):  
Caroline Sten Hartnett ◽  
Alison Gemmill
Keyword(s):  
National Survey ◽  
Great Recession ◽  
Population Composition ◽  
Important Contributor ◽  
The Great Recession ◽  
Childbearing Intentions ◽  
Family Growth ◽  
Recent Trends ◽  
Shed Light ◽  
The U.S

The U.S. period TFR has declined steadily since the Great Recession, to 1.73 children in 2018, the lowest level since the 1970s. This pattern could mean that current childbearing cohorts will end up with fewer children than previous cohorts or this same pattern could be an artifact of a tempo distortion if individuals are simply postponing births they plan to eventually have. In this research note, we use data on current parity and future intended births from the 2006-2017 National Survey of Family Growth to shed light on this issue. We find that total intended parity declined (from 2.26 in 2006-2010 to 2.16 children in 2013-2017), and the proportion of women intending to remain childless increased slightly. Decomposition indicated that the decline was not due to changes in population composition, but rather changes in the subgroup rates themselves. The decline in intended parity is particularly notable at young ages and among Latinxs. These results indicate that although tempo distortion is likely an important contributor to the decline in TFR, it is not the sole explanation: U.S. individuals are intending to have fewer children than their immediate predecessors, which may translate into a decline in cohort completed parity. However, the change in intended parity is modest and average intended parity remains above two children.

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