Copyright Law And The Information Society In Asia
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| Author | : Christopher Heath |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 302 |
| Release | : 2006-12-21 |
| Genre | : Law |
| ISBN | : 1847312942 |
The book takes a look at the six most important current topics arising from copyright law in the information society, and for each topic provides an in-depth introduction that compares the approaches taken in Europe and the US. Each topic is introduced by an expert, and the issues are then analysed in separate country reports representing nine Asian jurisdictions: China, Taiwan, Hong Kong, Japan, Korea, Singapore, Malaysia, Thailand and the Philippines. The six topics are: The Expansion of Copyright Law and its Social Justification: Introduction by Reto Hilty, Max Planck Institute, Munich Internet Trade, Digital Works and Parallel Imports: Introduction by Christopher Heath, European Patent Office, Munich The Collective Exercise of Copyrights: Introduction by Kung Chung Liu, Academia Sinica, Taiwan The Law on Anti-Circumvention and Digital Rights Management: Introduction by Andy Sun, National Chenchi University, Taipei, Taiwan and Zhi Wei, Peking University, Beijing Copyright Contracts, Public Policy and Antitrust: Introduction by Estelle Derclaye, Queen Mary University of London Contributory and Vicarious Liability for Copyright Infringement: Introduction by Andy Sun, National Chenchi University, Taipei, Taiwan
| Author | : Makeen Makeen |
| Publisher | : Springer |
| Total Pages | : 392 |
| Release | : 2000 |
| Genre | : Law |
| ISBN | : |
Copyright is of considerable importance in today's global information society, and the rapid pace of technological developments has posed a significant challenge for copyright policymakers and legislators. The problems international, regional and national bodies are currently grappling with include: identifying and defining the range of rights to cover all the important economic methods of exploiting copyright works; enforcing these rights at a time when all such works have become capable of being digitized, transmitted instantaneously and, with or without authority, reproduced flawlessly and at minimal cost. Copyright in a Global Information Society examines the scope of authors' rights in relation to the exploitation of their works by broadcasting, whether terrestrial or by satellite, cabling or over computer networks, in three important jurisdictions and under relevant international conventions. The analysis traces the gradual expansion of the various exclusive rights granted by copyright law in response to technological developments and puts them in their modern context, focusing on the overarching right of public performance or communication. The author argues that the advent of modern technologies, which recognize no national boundaries, necessitate the adoption of an internationally harmonized concept of 'communication to the public' as the primary right applicable to the dissemination of copyright works in non-material form. This work is a valuable contribution to the study and understanding of copyright law and will be of great interest to academic and practising lawyers, and to those involved in shaping modern copyright policy.
| Author | : Zohar Efroni |
| Publisher | : |
| Total Pages | : 633 |
| Release | : 2011 |
| Genre | : Language Arts & Disciplines |
| ISBN | : 0199734070 |
Copyright law has become the subject of general concerns that reach beyond the limited circles of specialists and prototypical rights-holders. The role, scope and effect of copyright mechanisms involve genuinely complex questions. Digitization trends and the legal changes that followed drew those complex matters to the center of an ongoing public debate. In Access-Right: The Future of Digital Copyright Law, Zohar Efroni explores theoretical, normative and practical aspects of premising copyright on the principle of access to works. The impetus to this approach has been the emergence of technology that many consider a threat to the intended operation, and perhaps even to the very integrity, of copyright protection in the digital setting: It is the ability to control digital works already at the stage of accessing them by means of technological protection measures. The pervasive shift toward the use of digital technology for the creation, dissemination, exploitation and consumption of copyrighted material warrants a shift also in the way we perceive the structure of copyright rules. Premising the copyright order on the concept of digital access first calls for explaining the basic components of proprietary access control over information in the abstract. The book then surveys recent developments in the positive law, while showing how the theoretical access-right construct could explain the logic behind them. Finally, the book critically analyzes existing approaches to curbing the resulting problems of imbalance and overprotection, which are said to disadvantage users. In conclusion, the book advocates for a structural overhaul of our current regulative apparatus. The proposed reform involves a series of changes in the way we define copyright entitlements, and in the way in which those entitlements may interrelate within a single, coherent scheme.
| Author | : Graeme B. Dinwoodie |
| Publisher | : Springer |
| Total Pages | : 393 |
| Release | : 2017-06-28 |
| Genre | : Law |
| ISBN | : 3319550306 |
This book analyses the doctrinal structure and content of secondary liability rules that hold internet service providers liable for the conduct of others, including the safe harbours (or immunities) of which they may take advantage, and the range of remedies that can be secured against such providers. Many such claims involve intellectual property infringement, but the treatment extends beyond that field of law. Because there are few formal international standards which govern the question of secondary liability, comprehension of the international landscape requires treatment of a broad range of national approaches. This book thus canvasses numerous jurisdictions across several continents, but presents these comparative studies thematically to highlight evolving commonalities and trans-border commercial practices that exist despite the lack of hard international law. The analysis presented in this book allows exploration not only of contemporary debates about the appropriate policy levers through which to regulate intermediaries, but also about the conceptual character of secondary liability rules.
| Author | : Paul Torremans |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 901 |
| Release | : 2014-12-31 |
| Genre | : Law |
| ISBN | : 1781955808 |
The Research Handbook on Cross-border Enforcement of Intellectual Property systematically analyses the unique difficulties posed by cross-border intellectual property disputes in the modern world. The contributions to this book focus on the enf
| Author | : Brian Fitzgerald |
| Publisher | : Sydney University Press |
| Total Pages | : 355 |
| Release | : 2008-04-01 |
| Genre | : Law |
| ISBN | : 1743322445 |
Copyright law, digital content and the Internet in the Asia-Pacific provides a unique insight into the key issues facing copyright law and digital content policy in a networked information world.
| Author | : Jonathan E. Abel |
| Publisher | : U of Minnesota Press |
| Total Pages | : 326 |
| Release | : 2023-01-31 |
| Genre | : Social Science |
| ISBN | : 145296808X |
Unlocking a vital understanding of how literary studies and media studies overlap and are bound together A synthetic history of new media reception in modern and contemporary Japan, The New Real positions mimesis at the heart of the media concept. Considering both mimicry and representation as the core functions of mediation and remediation, Jonathan E. Abel offers a new model for media studies while explaining the deep and ongoing imbrication of Japan in the history of new media. From stereoscopy in the late nineteenth century to emoji at the dawn of the twenty-first, Abel presents a pioneering history of new media reception in Japan across the analog and digital divide. He argues that there are two realities created by new media: one marketed to us through advertising that proclaims better, faster, and higher-resolution connections to the real; and the other experienced by users whose daily lives and behaviors are subtly transformed by the presence and penetration of the content carried through new media. Intervening in contemporary conversations about virtuality, copyright, copycat violence, and social media, each chapter unfolds with a focus on a single medium or technology, including 3D photographs, the phonograph, television, videogames, and emoji. By highlighting the tendency of the mediated to copy the world and the world to copy the mediated, The New Real provides a new path for analysis of media, culture, and their function in the world.
| Author | : John Gilchrist |
| Publisher | : Springer |
| Total Pages | : 292 |
| Release | : 2018-11-02 |
| Genre | : Law |
| ISBN | : 3319956906 |
This book provides international perspectives on the law of copyright in relation to three core themes - copyright and developing countries; the government and copyright; and technology and the future of copyright. The third theme includes an examination of the extent to which technology will dictate the development of the law, and a re-examination of the role of copyright in fostering innovation and creativity. As a critique, one chapter discusses how certain rights can create or reinforce social inequality under copyright royalty systems. Underlying these themes is the role the law of copyright has in encouraging or impeding human flourishing.
| Author | : Rami M. Olwan |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 404 |
| Release | : 2013-03-15 |
| Genre | : Law |
| ISBN | : 3642279074 |
The book examines the correlation between Intellectual Property Law – notably copyright – on the one hand and social and economic development on the other. The main focus of the initial overview is on historical, legal, economic and cultural aspects. Building on that, the work subsequently investigates how intellectual property systems have to be designed in order to foster social and economic growth in developing countries and puts forward theoretical and practical solutions that should be considered and implemented by policy makers, legal experts and the Word Intellectual Property Organization (WIPO).
| Author | : João Pedro Quintais |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 407 |
| Release | : 2017-05-15 |
| Genre | : Law |
| ISBN | : 9041186794 |
" In addition to proving virtually impossible, online enforcement of copyright may be undesirable because it risks encroaching upon fundamental rights and freedoms. However, the problem remains that creators are often not fairly remunerated for the online use of their works. This book addresses the urgent need to study pragmatic legal solutions that enable Internet users to access works in the digital environment, while assuring remuneration to rights holders and promoting the development of the information society. This study examines legalisation schemes that favour remunerated access over exclusivity and enforcement for large-scale online use by individuals. It investigates whether and to what extent these schemes (referred to as alternative compensation systems) are admissible under EU copyright law and consistent with its objectives, responding to such questions as the following in depth: - What existing copyright schemes provide an alternative to the exclusive right in copyright law? - What online rights apply to the activities of Internet users? - What types of models exist for the legalisation of online use of copyright works? - How can the public interest shape the scope of protection of copyright? - Can and should we legalise non-commercial file sharing and online use in EU copyright law? The book carefully examines these questions in light of EU primary law, relevant directives (with a focus on the InfoSoc Directive), case law (especially that of the CJEU), and legal literature in the field of copyright. The analysis culminates with a proposed blueprint for a compensated limitation for non-commercial individual use that is consistent with EU copyright law. As a thoroughly researched and balanced response to the urgent need to rethink EU copyright law in light of its lack of social acceptance and technological adequacy, this book will be of inestimable value to lawyers, policymakers, and scholars in the field, as well as to interest groups involved in discussions for reform and modernisation of EU digital copyright law. "
