Law Commons^™

International Copyright In Historical Context: Who Are The Real Pirates?, Paul G. St-Pierre

Charleston Library Conference

Copyright is usually justified with arguments about defending the natural right of authors to control their creations, or claims that limited monopolies spur innovation for the greater good of society. I contrarily assert that the primary intent of copyright has generally been to protect powerful industries in advanced countries and ensure control over emerging markets that rely on the importation of intellectual property.

As global trade expanded in the 19th century, a patchwork quilt of domestic copyright laws and bilateral treaties failed to stem rampant infringement that hurt publishers’ export revenues. Re-printers and readers, however, benefited from lower prices. The …

Libraries, Authors, And Literary Estates: The Complex Case Of Rosenbach V. Sendak (2016), Patrick Roughen

Charleston Library Conference

This research examines a lawsuit filed by the Rosenbach Museum and Library of Philadelphia in 2016 against the Estate of Maurice Sendak (1928–2012) to determine the distribution of some of Sendak’s collection of rare books. In the lawsuit, the Rosenbach claimed the executors of the Sendak estate had withheld a portion of the rare books to which it was entitled under Sendak’s will. This paper suggests possible ways in which institutions such as libraries, archives, and museums might anticipate and address some of the ownership-related problems that arise during the acquisition and/or loss of collections of an artist or author …

Regulatory Design For Transport Security Regulations Of Nuclear And Other Radioactive Material, Marc R. Fialkoff

Purdue Workshop on Nonproliferation: Technology and Approaches

A cornerstone within a nuclear security regime of a country is a legislative and regulatory framework that both regulates the individuals using radioactive and nuclear materials, but also regulates the regulators for their commitments under International Law. When drafting nuclear law and regulations, both technical and legal expertise is needed to ensure the regulation meets the technical requirements for security, but also is legally enforceable within a country’s jurisdiction. While the Primary Nuclear Law, or Enabling Act provides establishes the Competent Authority and responsibilities for nuclear security, regulatory development is where the proverbial, rubber meets the road for requirements. The …