Law Commons^™

Criminal Copyright Enforcement Against Filesharing Services, Benton C. Martin, Jeremiah R. Newhall

Benton C. Martin

The high-profile prosecution of the popular online storage website Megaupload for criminal copyright infringement is the latest in a series of recent criminal prosecutions of online filesharing services. But what pushes a legitimate online file-storing business over the edge to criminal enterprise? How might criminal copyright enforcement differ materially from civil enforcement?

This article answers these questions and suggests guidelines for prosecutorial discretion. After a condensed history of criminal copyright law, we explain why "secondary" theories of infringement apply in the criminal, as well as civil, context and why the DMCA "safe harbor" defense is a red herring in criminal …

The Role Of Copyright In The Protection Of The Environment And The Fight Against Climate Change: Is The Current Copyright System Adequate?, Estelle Derclaye

Estelle Derclaye

At first sight, it may not seem like copyright plays a role in the fight against climate change and more generally the protection of the environment. But in many ways, it does, and it does so with, maybe surprisingly, quite some importance. Indeed, copyright works can be extremely varied. In the environmental field, they can range from eco-friendly architectural plans and buildings, literature (e.g. scientific articles, newspaper or magazine articles, instruction manuals detailing processes that accomplish environmental benefits), charts, diagrams, maps, photographs, even films, about the weather, climate, the size of glaciers, etc., to software and databases used for forecast …

Recent French Decisions On Database Protection: Towards A More Consistent And Compliant Approach With The Court Of Justice’S Case Law?, Estelle Derclaye

Estelle Derclaye

Since the official date of implementation of the Database Directive , namely the 1 January 1998, 14 years have now already passed. During this decade and a half, French courts have handed down around 30 decisions on database protection. Between 1998 and 2004, the year when the Court of Justice of the European Union (CJEU) handed down its first four parallel rulings on the sui generis right , the French case law on the sui generis right was quite erratic. Admittedly, such state of affairs was not dissimilar in other Member States owing to the sheer novelty of the sui …

The Legality Of Free And Open Source Software Licenses: The Case Of Jacobsen V. Katzer, Brian Fitzgerald, Rami M. Olwan

Rami M Olwan

No abstract provided.

The Yang Obeys, But The Yin Ignores: Copyright Law And Speech Suppression In The People's Republic Of China, Stephen J. Mcintyre

Stephen J McIntyre

Copyright law can serve to either promote or restrict free speech: while copyright preserves economic incentives to create and publish new expression, it also fences off expression from public use. For this reason, the effect of copyright law on speech in a given country depends on the particular manner in which it is understood, legislated, and enforced. This Article argues that copyright law in the People’s Republic of China serves as a tool for speech suppression and censorship. Whereas China has engaged in official censorship for thousands of years, there has historically been little appreciation for proprietary rights in art …

Separation Of Ownership And The Authorization To Use Personal Computers: Unintended Effects Of Eu And U.S. Law On It Security, Lukas Feiler

Lukas Feiler

It used to be that owners of personal computers typically had full and exclusive authorization to use their computers. This was primarily due to the open architecture introduced with the IBM Personal Computer in the 1980s and proliferated in the 1990s. Recent developments bear evidence of an increasing disconnection between the concept of ownership and that of authorization to use a personal computer (including mobile devices such as notebooks, sub-notebooks, cell phones, smartphones, and PDAs): interference with the closed architecture employed by Apple’s iPhone is claimed to constitute a violation under 17 U.S.C. § 1201; the EULA for Windows 7 …

How Should China Respond To Online Piracy Of Sports Telecasts, Seagull Haiyan Song Dr.

Seagull Haiyan Song

No abstract provided.

Essence Of Copyright By Raheel R Daureeawo Llm, Raheel R. Daureeawo

Raheel R Daureeawo

Copyright is and has always been about policy. And what I intend to discuss in this paper is a list of topics which have always been center of debate in copyright courts. Although each topic is a book in itself, but my attempt here is to consolidate this list. The goal of the law of copyright has always been to promote scientific, literary and artistic creativity and protect as well as limit these rights in order to prevent monopolies. In order to understand the present and future of copyright it is imperative to know its past. There is a debate …

Copyright Law In The United Arab Emirates In The Digital Age, Brian Fitzgerald, Rami M. Olwan

Rami M Olwan

This article gives an overview of copyright law in the United Arab Emirates (UAE) and critically evaluates its operation in the digital era, providing suggestions for reform.

Copyright And Cultural Heritage - Transcripts From Bileta Conference 30 March 2009, Estelle Derclaye

Estelle Derclaye

This file comprises the comments made by the panelists at the conference I organised on 30 March 2009 on copyright and cultural heritage. They can be read together and are referred to in E. Derclaye (ed), Copyright and Cultural Heritage: Preservation and Access to Works in a Digital World, E. Elgar Publishing, Cheltemham/Northampton, 2010.

Of Maps, Crown Copyright, Research And The Environment, Estelle Derclaye

Estelle Derclaye

No abstract provided.

Flashing Badge Co Ltd V Groves: A Step Forward In The Clarification Of The Copyright/Design Interface, Estelle Derclaye

Estelle Derclaye

No abstract provided.

Intellectual Property Rights And Global Warming, Estelle Derclaye

Estelle Derclaye

No abstract provided.

Does The Directive On The Re-Use Of Public Sector Information Affect The State’S Database Sui Generis Right?, Estelle Derclaye

Estelle Derclaye

No abstract provided.

Creative Reading, Jessica Litman

Jessica Litman

In this short essay, a comment on Rebecca Tushnet’s Payment in Credit: Copyright Law and Subcultural Creativity, 70 Law & Contemporary Problems 133 (2007), I argue that copyright scholars have undervalued the copyright interests of readers, listeners and viewers. By ignoring the central importance of audience interests in the copyright scheme, we have all but conceded that the essential policy question in determining whether a use of copyrighted material should be lawful is the way the use looks from the viewpoint of the copyright owner. This approach fails to appreciate that reading, listening, viewing and playing commonly involve significant creativity, …

Exploitation Of Databases, Intellectual Property, Competition Law And The Sport Industry: A Missed Goal?, Estelle Derclaye

Estelle Derclaye

No abstract provided.

Database Sui Generis Right: The Need To Take The Public's Right To Information And Freedom Of Expression Into Account, Estelle Derclaye

Estelle Derclaye

No abstract provided.

Evaluate Patentability Of Your Invention, Umakant Mishra

Umakant Mishra

The patent system is designed to encourage inventions that are useful to society by granting inventors absolute right to make profit from their inventions. While disclosing the invention benefits the society, protecting the invention benefits the inventor. But patents cannot protect each and every person who conceives an invention. While there are some common criteria of accepting an invention for patenting, the laws of patenting differ from country to country to some extent. The concept of patentability is also very vague in some instances of the legal system. Hence it is important to check the patentability of your invention in …

One On The Nose For Bellure: French Appellate Court Confirms That Perfumes Are Copyright Protected, Estelle Derclaye

Estelle Derclaye

No abstract provided.

Ecj Clarifies Collecting Societies Rights In Relation To The Cable Retransmission Right But Leaves Some Questions Unanswered, Estelle Derclaye

Estelle Derclaye

No abstract provided.

An Economic Analysis Of The Contractual Protection Of Databases, Estelle Derclaye

Estelle Derclaye

No abstract provided.

The Belgian Copyright Act Finally Revamped With The Implementation Of The Copyright Directive (2001/29): The Good, The Bad And The Ugly, Estelle Derclaye

Estelle Derclaye

No abstract provided.

Australian Icons: Authenticity Marks And Identity Politics, Matthew Rimmer

Matthew Rimmer

This article evaluates the adoption and implementation of an Indigenous certification trademark system in Australia. Section II considers the use of copyright law, moral rights provisions and consumer protection laws to protect Indigenous cultural property in Australia. It suggests that there needs to be additional protection under trademark law - especially to deal with problems concerning communal ownership, material form and duration of protection. Section III evaluates the efficacy of the scheme for marks of authenticity established by the National Indigenous Arts Advocacy Association in November 1999. It contends that there were practical problems with the implementation of the scheme …

Databases Sui Generis Right: Should We Adopt The Spin Off Theory, Estelle Derclaye

Estelle Derclaye

No abstract provided.

The Ims Health Decision: A Triple Victory, Estelle Derclaye

Estelle Derclaye

No abstract provided.

The Ims Health Decision: A Triple Victory, Estelle Derclaye

Estelle Derclaye

No abstract provided.

The Dead Poets Society: The Copyright Term And The Public Domain, Matthew Rimmer

Matthew Rimmer

In a victory for corporate control of cultural heritage, the Supreme Court of the United States has rejected a constitutional challenge to the Sonny Bono Copyright Term Extension Act 1998 (U.S.) by a majority of seven to two. This paper evaluates the litigation in terms of policy debate in a number of discourses - history, intellectual property law, constitutional law and freedom of speech, cultural heritage, economics and competition policy, and international trade. It argues that the extension of the copyright term will inhibit the dissemination of cultural works through the use of new technologies - such as Eric Eldred's …

Crystal Palaces: Copyright Law And Public Architecture, Matthew Rimmer

Matthew Rimmer

This paper investigates copyright law and public architecture in the context of cultural institutions of Australia. Part 1 examines the case of the Sydney Opera House to illustrate the past position of architects in respect of copyright law. It goes onto consider the framework laid down by the Copyright Amendment (Moral Rights) Act 2000 (Cth) to resolve copyright disputes over moral rights and architecture. Part 2 considers the argument over the proposed renovations to the National Gallery of Australia between Dr Brian Kennedy and the original architect Colin Madigan. Part 3 finally deals with the allegations that Ashton Raggatt McDougall, …

Heretic: Copyright Law And Dramatic Works, Matthew Rimmer

Matthew Rimmer

The production of the play Heretic in 1996 prompted a debate over copyright and the dramatic arts in Australia. The playwright David Williamson argued that the role of the writer was supreme. Although he was willing to acknowledge the contributions of other collaborators, the playwright did not believe that these interpreters deserved copyright protection. The director Wayne Harrison advocated a more collaborative vision of the performing arts. He believed that the role of the director and the position of the producer deserved greater legal recognition. Furthermore he was also willing to countenance limited rights for performers. This article argues that …

Do Sections 3 And 3a Of The Cdpa Violate The Database Directive? A Closer Look At The Definition Of A Database In The U.K. And Its Compatibility With European Law, Estelle Derclaye

Estelle Derclaye

No abstract provided.