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A Commentary On The Harmonization Of European Private Law, George A. Bermann Jan 1993

A Commentary On The Harmonization Of European Private Law, George A. Bermann

Faculty Scholarship

The idea behind bringing together these papers on harmonization in three such distinct fields as contract, copyright and telecommunications, and securities law must be that they may have something to tell us generally about the processes of harmonization in European private law. Each paper tells a story fascinating in its own right, but whether they in fact add up to something more, with implications for private law harmonization as a whole, is the question I naturally want to take up in this commentary.


Copyright Without Walls?: Speculations On Literary Property In The Library Of The Future, Jane C. Ginsburg Jan 1993

Copyright Without Walls?: Speculations On Literary Property In The Library Of The Future, Jane C. Ginsburg

Faculty Scholarship

This essay considers the application and adaptation of copyright law to the library of the future. In this "library without walls," works will be accessible by computer to users near and far. While a printed book usually is read by only one person at a time, that same book in digital format may be simultaneously consulted by as many users as have PCs linked by modem to the library. Where collecting quotations from printed sources today requires transcription or photocopying, in the library of the future it may be possible to download and print out excerpts, or even the entire …


Conflicts Of Copyright Ownership Between Authors And Owners Of Original Artworks: An Essay In Comparative And International Private Law, Jane C. Ginsburg Jan 1993

Conflicts Of Copyright Ownership Between Authors And Owners Of Original Artworks: An Essay In Comparative And International Private Law, Jane C. Ginsburg

Faculty Scholarship

Most, if not all, copyright laws distinguish between ownership of the incorporeal copyright, and ownership of chattels. A generally-accepted corollary holds that alienation of the chattel that constitutes the material form of a copyrighted work does not carry the copyright with it. Applying this principle to works of the visual arts, it should be clear that sale of a painting, even if it is the only "copy" of a work, is not a transfer of the exclusive rights under copyright to reproduce the work or to create derivative works based on the painting. Similarly, ownership of the copyright confers no …