Law Commons^™

The Construction And Defense Of Artistic Authorship In Contemporary Copyright Disputes, Sophie Bell

Theses and Dissertations

Through the lens of three contemporary copyright infringement cases, this thesis examines topics in the field of art law, each grounded in the recent history of art and its controversies, in order to illuminate the unique set of legal conditions shaping contemporary artmaking, sale, and exhibition in the United States.

A Comparative Study Of Copyright Protection In China And The U.S, In The Context Of U.S-China Trade Disputes, Lin Zhu

Theses and Dissertations

Intellectual property rights (IPR) are almost central subjects in US-China relations. The debates between the two countries over IPR protection have been more like an endless chess puzzle. It has become a popular topic to compare the two countries to gain a deep understanding of the legal differences and the reasons of disputes in this regard. To a certain extent, the two countries represent the future course of copyright development. Therefore, this paper attempts to compare the copyright legal system of the two countries by examining the historical development of foreign copyright protection, including domestic legislation and international conventions.

Copyright And Creativity: Critiques Of The Us System And Possible Reform Strategy For Egypt, Dina Magdy El-Hussieny Selite

Theses and Dissertations

The optimum goal of copyright is to maximize the production of creative works and innovations by balancing the benefits of the copyright owners and public users. This balance requires securing the rights of copyright owners to induce authors to produce their creations, while at the same time providing public users with regulated freedom to use copyrighted work to produce new creations and innovations. In this context, it is necessary to explore the problems of the copyright system and address them in the optimum way to achieve the goals of copyright. This paper analyzes the problems of the United States copyright …

Corporate Compliance In International Technology Licensing, Homa Badamchi

Theses and Dissertations

According to the U.S. Congress, it can be inferred that "In general, the process of commercializing intellectual property is very complex, highly risky, takes a long time, cost much more than you think it will, and usually fails.”

This quote from the Congressional Committee on Science and Technology is validation on how complex commercializing intellectual property protected technology and transferring it is. International businesses are required to comply with a vast range of domestic and foreign laws and regulations when transferring or licensing their technology. A key concern is how the achieved technology would be used elsewhere and the responsibility …

Memes And Copyright: Article 13, Branding, And Digital Remix Culture, Yasemin Beykont

Theses and Dissertations

This study investigates the impact of the EU digital copyright directive, Article 13, on memes and internet culture. Due to their transformative nature, it is tricky to fit memes into a traditional copyright framework. Article 13’s filter algorithms will be coded to detect posts that make use of intellectual property, thereby complicating the use of copyrighted images drawn from film and television. This study includes a discourse analysis of news coverage of Article 13 to explore how various groups characterized the value of meme culture and the threats posed by the new directive. It also includes a textual analysis of …

Consuming Digital Debris In The Plasticene, Stephen R. Parks

Theses and Dissertations

Claims of customization and control by socio-technical industries are altering the role of consumer and producer. These narratives are often misleading attempts to engage consumers with new forms of technology. By addressing capitalist intent, material, and the reproduction limits of 3-D printed objects’, I observe the aspirational promise of becoming a producer of my own belongings through new networks of production. I am interested in gaining a better understanding of the data consumed that perpetuates hyper-consumptive tendencies for new technological apparatuses. My role as a designer focuses on the resolution of not only the surface of the object through 3-D …

The Effects Of Patent Attributes And Patent Litigation On Control Rights, Alliance Formation And Technological Innovation, Yanxin Liu

Theses and Dissertations

My dissertation consisting of three essays focuses on the role of technological innovations in value distribution within R&D alliance, and the impact of patent litigation on R&D alliance formation and technological innovation. Essays one and two are intended to extend signaling theory with transaction cost economics (TCE) and social embeddedness perspective. Essays two and three investigate the consequences of patent litigation on R&D alliance formation and technological search, respectively. Essay one investigates the empirical relationships between patent attributes and allocation of control rights, and the relationships between patent attributes and up-front payment in R&D alliance contracts. Patent attributes of focal …

Realization Right To Health In The Context Of Pharmaceutical Under International Law, Huei-Ying (Lucille) Hsu

Theses and Dissertations

Examining the problem of realizing the right to health in accessible and affordable pharmaceutical product, this dissertation begins with the legal personality of the actors involved in the realization of the right to health. Chapter 2 further explores the uniqueness of pharmaceutical products and development of the pharmaceutical industry. Chapter 3 describes the development of intellectual property protection on pharmaceutical products. Chapter 4 then focuses on the international human rights development of the right to health and discusses the relationship of the right to health to accessible and affordable pharmaceutical products. Chapter 5 describes in greater detail the responsibility and …

Reforming Copyright Law In The Digital Age: A Comparative Study Of The Legal Resolutions On P2p Transmission Between Taiwan And The United States, I-Hsien Chiu

Theses and Dissertations

Adjusting legal system of copyright is vigorously in need in the twenty-first century. The abuse of technology has severely damaged the copyright-related industries not only in Taiwan, but also in the United States. Indeed, the lawsuits filed against modern P2P transmission are fairly unprecedented to courts when facing the tension between copyright holders and technology innovators. Therefore, the technological changes provide an enlightened motivation to develop the analysis on whether the approach that legislators and courts take would harmonize private property rights and public interests. Through the arguments, there are meaningful goals the study attempts to achieve. It is essential …

A Comparative Analysis Of The Copyright Law Of The Kingdom Of Thailand And The Copyright Law Of The United States Of America : Within The Context Of International Trade, Sutee Iamcharoenying

Theses and Dissertations

Over the past twenty years, the Kingdom of Thailand's role in international trade has considerably increased. Concurrently, Thailand has been rapidly absorbing and utilizing advanced technology from the developed countries. Along with these favorable consequences, have come concerns regarding intellectual property protection. In fact, intellectual property matters have become one of the focal concerns for the United States, Thailand's most important trading partner. The United States has proclaimed that, to compete with other players in the world, Thailand must develop a sound copyright law reform to sustain its socio-economic development.

The fact that international copyright norms have been evolving may …

Legal Protection Of Sui Generis Databases, Chana Rungrojtanakul

Theses and Dissertations

It is undeniable that databases are an essential building block of the Information Society. Today, every business in developed countries operates fully based upon clientele databases, economic statistics, and industries profiles; and innovation and invention rely heavily on collections of facts, data and information that scientists discovered in research and development or exchanged among them. Legislatures have envisaged a need and significance of the free flow of access to information, thereby prescribing copyright protection only to creative selection and arrangement of the contents of databases, not the factual contents contained within. However, the advent of technology avails unconventional methods of …

Copyright And Anti-Trust Law : Public Performance Rights Licensing Of Musical Works Into Audiovisual Media, Christian Seyfert

Theses and Dissertations

This article will explore the question how anti-trust law affects the performing rights societies' (PRS) practice plain the different types and forms of licensing of licensing public performance rights of musical works into audiovisual media. It will, first, set forth the historical development and necessity of PRSs; secondly, define and exublic performance rights; and, thirdly, analyze in detail the historical attempts by the government and by private parties to enforce anti-trust law against the PRSs' system of blanket licensing musical works into audiovisual media.