Intellectual Property Law | Open Access Articles

Fair Dealing On Trial, Lisa Di Valentino Nov 2017

Fair Dealing On Trial, Lisa Di Valentino

Lisa Di Valentino

Discusses and critiques Access Copyright v. York University, 2017 FC 669, a Federal Court of Canada decision that addresses fair dealing policy and practice at a major university.

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Transformative Teaching And Educational Fair Use After Georgia State, Brandon C. Butler Jan 2015

Transformative Teaching And Educational Fair Use After Georgia State, Brandon C. Butler

Brandon C. Butler

The Supreme Court has said that copyright’s fair use doctrine is a “First Amendment safety valve” because it ensures that certain crucial cultural activities are not unduly burdened by copyright. While many such activities (criticism, commentary, parody) have benefited from the courts’ increased attention to first amendment values, one such activity, education, has been mired for years in a minimalist, market-based vision of fair use that is largely out of touch with mainstream fair use jurisprudence. The latest installment in the history of educational fair use, the 11th Circuit’s opinion in the Georgia State e-reserves case, may be the last …

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The Experimental Use Exception To Patent Infringement: Do Universities Deserve Special Treatment?, Elizabeth A. Rowe Dec 2014

The Experimental Use Exception To Patent Infringement: Do Universities Deserve Special Treatment?, Elizabeth A. Rowe

Elizabeth A Rowe

The experimental use exception is a common law exception to the patent-holder's exclusive right of use. It permits the use of another's patented device when such use is for philosophical inquiry, curiosity, or amusement. It has recently come under attack by many who consider it too narrow. They fear that the courts' "narrowing" of the experimental use exception will stifle research and innovation. Much of the discontent with the doctrine has been spurred by a relatively recent Federal Circuit opinion, Madey v. Duke University, which makes clear that a research university does not receive immunity under the experimental use exception …

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A Submission To The Australian Law Reform Commission On Copyright And The Digital Economy: Open Access, Matthew Rimmer Jul 2013

A Submission To The Australian Law Reform Commission On Copyright And The Digital Economy: Open Access, Matthew Rimmer

Matthew Rimmer

EXECUTIVE SUMMARYThis Submission is based upon work in progress, which has been presented at this forum and published in the form of opinion-editorials:1. Matthew Rimmer, 'Aaron's Army Fights the Trans-Pacific Partnership', Open Access Research Issues in the Humanities and Social Sciences, the Australian National University, 3 May 2013.2. Matthew Rimmer, 'Aaron's Army Fights the Trans-Pacific Partnership', The Conversation, 8 March 2013, https://theconversation.edu.au/aarons-army-fights-the-trans-pacific-partnership-12273 and Delimiter http://delimiter.com.au/2013/03/08/aarons-army-fights-the-trans-pacific-partnership/ RECOMMENDATIONSIn its discussion paper, the Australian Law Reform Commission proposed a broad, flexible exception of fair use. The Commission emphasized that the new fair use exception should contain: (a) an express statement that a fair …

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Basic Copyright Exceptions For Educators, Bryan M. Carson Jan 2013

Basic Copyright Exceptions For Educators, Bryan M. Carson

Bryan M. Carson

Published by the Faculty Center for Excellence in Teaching at Western Kentucky University, this work provides a basic overview of some of the copyright issues that college faculty regularly encounter. The booklet is written in plain language for a non-legal audience. It covers issues related to fair use, the education and library exceptions to copyright and the T.E.A.C.H. Act. The booklet also explains some of the legal rules for performing and displaying materials, films, and musical works in face-to-face and online classes. The booklet also discusses the relationship between copyright and plagiarism, and suggests ways of teaching students about both …

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Copyright And Fair Use : An Introduction For Faculty, Laura Quilter

Laura Quilter

In this overview of copyright issues for faculty and researchers, we will discuss how copyright affects you: how to protect and get credit for your work, share what you want to share, and use others' work. Special attention will be given to both questions and problems with using other people's work -- relying on fair use, and asking for permission if it's not a fair use -- and the best ways to manage your own copyrights and licenses. Plenty of time for discussion and questions!

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Readers' Copyright, Jessica Litman Jun 2011

Readers' Copyright, Jessica Litman

Jessica Litman

This essay is part of a project intended to help reclaim copyright for readers, listeners, and viewers. A system of copyright protection makes little sense unless it is designed to encourage the use and enjoyment of the works it induces authors to create and publishers to disseminate. I argue that a clear-eyed examination of copyright's history reveals that solicitude for readers and members of the audience is, in fact, deeply encoded in copyright's DNA. Recently, readers' interests have faded in apparent importance in the copyright scheme in ways that have unbalanced the copyright system, and undermined public support for copyright …

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El Derecho De Sucesiones Se Debe Atemperar A Los Cambios De La Sociedad Del Siglo Xxi, Edward Ivan Cueva Feb 2011

El Derecho De Sucesiones Se Debe Atemperar A Los Cambios De La Sociedad Del Siglo Xxi, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

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Cancun Climate Negotiations, Prof. Elizabeth Burleson Jan 2011

Cancun Climate Negotiations, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

The United Nations Climate Change Conference, held from November 29 to December 11, 2010, in Cancún, Mexico, relaunched the United Nation's multilateral facilitation role.

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Requirements Of A Valid Islamic Marriage Vis-À-Vis Requirements Of A Valid Customary Marriage In Nigeria, Olanike Sekinat Odewale Mrs Dec 2010

Requirements Of A Valid Islamic Marriage Vis-À-Vis Requirements Of A Valid Customary Marriage In Nigeria, Olanike Sekinat Odewale Mrs

Olanike Sekinat Adelakun

Marriage is a universal institution which is recognized and respected all over the world. As a social institution, marriage is founded on and governed by the social and religious norms of the society. Consequently, the sanctity of marriage is a well accepted principle in the world community .

Marriage could either be monogamous or polygamous in nature. A monogamous marriage has bee described as ‘…the voluntary union for life of one man and one woman to the exclusion of all others’ . A polygamous marriage on the other hand can be defined as a voluntary union for life of one …

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False Imprisonment As A Tort In India, Hari Priya Jan 2010

False Imprisonment As A Tort In India, Hari Priya

Hari Priya

The tort of false imprisonment is one of the most severe forms of human rights violation, and this paper aims to define and to understand the concept of false imprisonment as a tort in India. It also seeks to know about the evolution of the notion of false imprisonment as a tort, with reference to Indian and foreign cases, and understand who and when can one be held liable for the tort of false imprisonment. It further deals with the remedies available for the said tort.

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Tribal Land Laws In Andhra Pradesh, Hari Priya Jan 2010

Tribal Land Laws In Andhra Pradesh, Hari Priya

Hari Priya

No abstract provided.

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Section 4 Of The Hindu Succession Act Of 1956, Hari Priya Jan 2010

Section 4 Of The Hindu Succession Act Of 1956, Hari Priya

Hari Priya

A brief write up in the form of a comprehensive article aiming to critically evaluate the Section 4 of the Hindu Succession Act of 1956. The law, as it stands amended, has not only brought about changes in the succession laws of Hindus, but has also paved the way for some positive modifications in the law of partition, alienation of property, inheritance and adoption, and the paper is an effort to evaluate this provision of the law.

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La Cesión De Derechos En El Código Civil Peruano, Edward Ivan Cueva Jul 2007