Law Commons^™

Extending Copyright Protection To Combat Free-Riding By Digital News Aggregators And Online Search Engines, Nancy Whitmore

Nancy J. Whitmore

No abstract provided.

Contract Lex Rex : Towards Copyright Contract's Lex Specialis, Giuseppina D'Agostino

Giuseppina D'Agostino

No abstract provided.

Intellectual Property Rights Management In Small And Medium Size Social Enterprise In Australia, Francina Cantatore, Elizabeth Spencer

Francina Cantatore

This paper identifies the role and significance of Intellectual Property (IP) management in small and medium-sized social enterprises (SMSEs) and aims to address a gap in the available literature dealing with IP use and management in social enterprise. The findings are based on the results of a qualitative study undertaken with Australian SMSEs, in the form of in-depth semi-structured interviews. The research identifies how SMSEs view and manage their IP rights, and the significance of these rights in the organisation. The findings suggest that there is a significant lack of IP rights management strategies for protection of IP assets such …

Putting The Community In Communication: Dissolving The Conflict Between Freedom Of Expression And Copyright, Carys Craig

Carys Craig

This paper is concerned with the relationship between freedom of expression and copyright law — and, more specifically, with what this relationship reveals about the nature and purpose of the copyright interest. I argue that the source of the apparent conflict between copyright and free expression is the prevailing characterization of both as individual rights vested in the liberal subject. The key to dissolving the conflict lies in the recognition of the social values that these rights affirm: the value that we attach to communication, to interaction between members of society and to participation in a social dialogue. If copyright …

The Canadian Public Domain: What, Where, And To What End?, Carys Craig

Carys Craig

No abstract provided.

The Migration Of The Book Across Territorial Borders: Copyright Implications For Authors In The Digital Economy, Francina Cantatore

Francina Cantatore

Although the USA, Canada, UK, and Australia currently retain territorial copyright laws, with commensurate restrictions on parallel, importation of books, advances in digital technology, and the advent of e-books have caused an involuntary migration of the book across these defined borders. This changing publishing sphere has impacted authors’ copyright protection, with authors struggling to come to grips with breaches of copyright outside the protection of their own borders. Additionally, the extra-territorial publication of books are often in breach of authors’ copyright but difficult to address locally. This article deals with the copyright issues faced by authors once their books enter …

Authors, Copyright, And Publishing In The Digital Era, Francina Cantatore

Francina Cantatore

Basic copyright laws and enforcements have been in effect for hundreds of years. However, laws with such extensive histories can often make understanding them complicated. As publishing moves into a digital arena, copyright laws have become increasingly complex.

Authors, Copyright, and Publishing in the Digital Era not only addresses the current complexities that arises with authors and copyright laws when publishing digitally, but it also sheds light on the current processes and procedures in place concerning copyright options for digital publishers. This publication addresses a global audience in the manner in which it discusses traditional methods used in publishing before …

The Power Balance Revisited: Authors, Publishers And Copyright In The Digital Sphere, Francina Cantatore

Francina Cantatore

The transition of the printed word to digital product is arguably the most significant event in the history of publishing since the invention of the printing press, presenting authors with unexpected challenges. The evolving digital publishing environment has irrevocably changed the copyright expectations of authors, who find themselves grappling with the realities of both traditional expectations and digital advances in publishing. This article deals with the Australian author's place in an ever expanding digital sphere, copyright and publishing implications, and digital copyright challenges presented by this transitional environment. It also examines the views of Australian authors on the subject and …

Copyright And The Tragedy Of The Common, Tracy Reilly

Tracy Reilly

In his 1968 article, The Tragedy of the Commons, biologist Garret Hardin first described his theory on the ecological unsustainability of collective human behavior, claiming that commonly held real property interests would not ultimately be supportable due to the competing individual interests of all who use the property. In the legal field, Hardin’s article is frequently cited to support various theories related to real property and environmental law issues such as ownership, redistribution of wealth, pollution, over population, and global warming. Most scholars claim that a tragedy of the commons does not exist in intellectual property-related goods due to the …

News On The Internet, Robert C. Denicola

Robert C Denicola

No abstract provided.

News On The Internet, Robert C. Denicola

Robert C Denicola

No abstract provided.

News On The Internet, Robert C. Denicola

Robert C Denicola

No abstract provided.

News On The Internet, Robert C. Denicola

Robert C Denicola

No abstract provided.

News On The Internet, Robert C. Denicola

Robert C Denicola

No abstract provided.

News On The Internet, Robert C. Denicola

Robert C Denicola

No abstract provided.

News On The Internet, Robert C. Denicola

Robert C Denicola

No abstract provided.

News On The Internet, Robert C. Denicola

Robert C Denicola

No abstract provided.

News On The Internet, Robert C. Denicola

Robert C Denicola

No abstract provided.

News On The Internet, Robert C. Denicola

Robert C Denicola

No abstract provided.

News On The Internet, Robert C. Denicola

Robert C Denicola

No abstract provided.

Five Reforms For Copyright, Tom Bell

Tom W. Bell

No abstract provided.

Bugs For Sale: Legal And Ethical Proprieties Of The Market In Software Vulnerabilities, Taiwo Oriola

Taiwo Oriola

Software vulnerabilities are inherent errors or mistakes in software programming and designs, and arguably the weakest link in digital information architecture with high propensity for rendering information systems infrastructure susceptible to compromise and hacking. Given the increasing reliance of the global economy on digital platforms with concomitant imperatives for securing sensitive intelligence, business and personal data, the need for continual corrective patch of perennially recurring critical software bugs is at once urgent and sacrosanct. This has precipitated research and a thriving market in software vulnerabilities, an integral element of the burgeoning multi-million dollars information security industry that epitomizes the externalization …

Defining Criminal Liability For Primary Acts Of Copyright Infringement: The Singapore Experience, Cheng Lim Saw, Susanna Leong

Cheng L Saw

No abstract provided.

Everything Is Connected, Kembrew Mcleod

Kembrew McLeod

The article discusses U.S. copyright law and the copyright clearance system, focusing on the author's documentary film "Copyright Criminals," which aired on Public Broadcasting System (PBS). It explores sampling and collage in audiovisual media, commenting on use of the practice by hip-hop group Public Enemy. Other topics include the Washington, D.C. Center for Social Media, intellectual property, and fair use. The author also examines his book "Freedom of Expression®: Resistance and Repression in the Age of Intellectual Property" and a prank in which he successfully copyrighted the phrase "Freedom of Expression"

Internet Killed The Copyright Law: Perfect 10 V. Google And The Devastating Impact On The Exclusiive Right To Display, Deborah B. Morse

Deborah Brightman Morse

Never has the dissonance between copyright and innovation been so extreme. The Internet provides enormous economic growth due to the strength of e-commerce, and affords an avenue for creativity and the wide dissemination of information. Nevertheless, the Internet has become a plague on copyright law. The advent of the digital medium has made the unlawful reproduction, distribution, and display of copyrighted works essentially effortless. The law has been unable to keep pace with the rapid advance of technology. For the past decade, Congress has been actively attempting to draft comprehensible legislation in an effort to afford copyright owners more protection …

A Technological Theory Of The Arms Race, Lee B. Kovarsky

Lee Kovarsky

Although the 'technological arms race' has recently emerged as a vogue-ish piece of legal terminology, scholarship has quite conspicuously failed to explore the phenomenon systematically. What are 'technological' arms races? Why do they happen? Does the recent spike in scholarly attention actually reflect their novelty? Are they always inefficient? How do they differ from military ones? What role can legal institutions play in slowing them down? In this Article I seek to answer these questions. I argue that copyright enforcement and self-help represent substitutable tactics for regulating access to expressive assets, and that the efficacy of each tactic depends on …

Electrifying Copyright Norms And Making Cyberspace More Like A Book, Ann Bartow

Ann Bartow

The first half of this Article charts the evolving but eminently ascertainable social norms of the use of analog copyrighted works by individuals, and characterizes these norms as "what is" in real space and "what ought to be" in cyberspace. The Author argues that while "what is" in the analog world may be imperfect, uncertain and unsatisfactory at times, it represents a discernible practical equilibrium upon which copyright holders' ability to control and extract income from their works is balanced against the rights of fair users. Authors, content distributors and users all make decisions within a familiar longstanding copyright framework, …

Electrifying Copyright Norms And Making Cyberspace More Like A Book, Ann Bartow

Ann Bartow

The first half of this Article charts the evolving but eminently ascertainable social norms of the use of analog copyrighted works by individuals, and characterizes these norms as "what is" in real space and "what ought to be" in cyberspace. The Author argues that while "what is" in the analog world may be imperfect, uncertain and unsatisfactory at times, it represents a discernible practical equilibrium upon which copyright holders' ability to control and extract income from their works is balanced against the rights of fair users. Authors, content distributors and users all make decisions within a familiar longstanding copyright framework, …

Escape From Copyright: Market Success Vs. Statutory Failure In The Protection Of Expressive Works, Tom W. Bell

Tom W. Bell

Copyright law, originally excused as a necessary evil, threatens now to become an inescapable burden. Because state and common law rights seemed inadequate to protect expressive works from unrestricted copying, the Founders expressly authorized federal copyright legislation. Lawmakers have read that constitutional mandate liberally. Each new version of the Copyright Act has embodied longer, broader, and more powerful legal protections. Meanwhile, private initiatives have developed increasingly effective means of safeguarding copyrighted works. Alarmed that these dual trends benefit copyright owners at too great an expense to the public interest, many commentators argue that the Copyright Act should limit and preempt …

Libraries In A Digital And Aggressively Copyrighted World: Retaining Patron Access Through Changing Technologies, Ann Bartow

Ann Bartow

This essay asks the reader to consider the effects that copyright laws and policies, when filtered through the digital prism and bundled with restrictive contract terms, will have on library patrons. It further implores the reader to consider the broad benefits to library patrons of a statutorily guaranteed right to library use of copyrighted materials in any form.