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The Tangled Web Of Ugc: Making Copyright Sense Of User-Generated Content, Daniel J. Gervais
The Tangled Web Of Ugc: Making Copyright Sense Of User-Generated Content, Daniel J. Gervais
Daniel J Gervais
Even as a mere conceptual cloud, the term “user-generated content” is useful to discuss the societal shifts in content creation brought about by the participative Web and perhaps best epitomized by the remix phenomenon. This Essay considers the copyright aspects of UGC. On the one hand, the production of UGC may involve both the right of reproduction and the right of adaptation—the right to prepare derivative works. On the other hand, defenses against claims of infringement of these rights typically rely on (transformative) fair use or the fact that an insubstantial amount (such as a quote) of the preexisting work …
Traditional Knowledge: Are We Closer To The Answers? The Potential Role Of Geographical Indications, Daniel J. Gervais
Traditional Knowledge: Are We Closer To The Answers? The Potential Role Of Geographical Indications, Daniel J. Gervais
Daniel J Gervais
The debate concerning the protection of, and access to, “traditional knowledge” has been going on for some time. Academics, governments, non-governmental and intergovernmental organizations, and representatives of indigenous communities have made arguments on many different levels. The most interesting debates are normative in nature: What should international law do about traditional knowledge? Is protection desirable? To what end? Equally interesting is the somewhat more technical debate about how we can proceed to implement some of the (tentative) normative conclusions. The normative debate is situated at the confluence of intellectual property law, cultural studies, ethnology and anthropology. In this short paper, …
The Lisbon Agreement’S Misunderstood Potential, Daniel J. Gervais
The Lisbon Agreement’S Misunderstood Potential, Daniel J. Gervais
Daniel J Gervais
This article focuses on the similarities and differences between the proposed TRIPS register of geographical indications for wines (and now spirits) and its relationship with the 1958 Lisbon Agreement on the Protection and Registration of Appellations or Origin. I examine the definitional differences between the two instruments top determine their commensurability. My suggestion is that the Lisbon register should be considered as a possible basis to establish the TRIPS register, with or without an extension to products other than wines and spirits. The differences between the two and deficiencies could be handled appropriately by adopting a protocol to the Lisbon …