Formalities in Copyright Law

Formalities in Copyright Law
Author: Stef van Gompel
Publisher: Kluwer Law International B.V.
Total Pages: 370
Release: 2011-01-01
Genre: Law
ISBN: 9041134182

This book examines whether reintroducing copyright formalities is legally feasible. Based on a comprehensive and thorough analysis of copyright formalities, it sets out to establish the extent to which the current copyright system allows for their reintroduction. To this end, the author describes the role and functions of formalities, revisits the history of formalities at the national and international levels, examines the scope of the international prohibition on formalities, and scrutinizes the rationales behind this prohibition, including an in-depth examination of the validity of the argument that copyright is a 'natural right' and therefore should be protected independently of formalities. The author skilfully evaluates and contrasts the conflicting theories according to which formalities, on the one hand, add legal certainty to claims on the ownership of property, and, on the other, hamper individual authors from seeking adequate protection for their works. This book makes an important contribution to legal science by answering questions that so far have been neglected or only marginally addressed. To the degree that current copyright law permits reintroducing formalities, the author posits the specifications that will determine to a great extent what role and functions they may eventually fulfil: depending on the aims to be achieved, lawmakers must choose which types of formalities shall be imposed, and what their legal consequences shall be. This book goes a long way towards reinforcing the foundation for those decisions.

The Public Domain

The Public Domain
Author: Stephen Fishman
Publisher: NOLO
Total Pages: 558
Release: 2000
Genre: Art
ISBN: 9780873374330

Explains how to find and use creative works without permission or fees, describing how to recognize whether or not a work is in the public domain.

A Realist Approach to Copyright Law's Formalities

A Realist Approach to Copyright Law's Formalities
Author: Michael W. Carroll
Publisher:
Total Pages: 27
Release: 2014
Genre:
ISBN:

Rejecting the conventional story that formalities in copyright law were abolished by the Berne Convention, this Article demonstrates that privately administered systems of formalities play a significant role in the administration of copyright law worldwide. Indeed, they must because copyright is designed to support a transaction structure which requires rightsholders who seek to attract licensing partners to go through some formal step to identify themselves and the works in which they have a legal or beneficial interest. Canvassing the landscape of mandatory and voluntary public and private systems of formalities, this article argues that: (1) national policymakers retain more policy authority under Berne to impose certain formal requirements on rightsholders than those with a formalist understanding of public formalities argue; (2) private systems of formalities are extensive, economically significant, but are not interoperable with each other in many cases and with voluntary registries and other voluntary public formalities systems; and (3) policymakers should use a mix of approaches to improve the functioning of both public and private formalities systems by promoting or requiring transparency, efficiency, and interoperability in their design and administration.

Patents, Copyrights and Trademarks For Dummies

Patents, Copyrights and Trademarks For Dummies
Author: Henri J. A. Charmasson
Publisher: John Wiley & Sons
Total Pages: 387
Release: 2009-03-03
Genre: Law
ISBN: 0470507705

Useful tips and step-by-step guidance from filing to issue to license Acquire and protect your share of this major business asset Want to secure and exploit the intellectual property rights due you or your company? This easy-to-follow guide shows you how — helping you to evaluate your idea's commercial potential, conduct patent and trademark searches, document the invention process, license your IP rights, and comply with international laws. Plus, you get detailed examples of each patent application type! Discover how to: Avoid application blunders Register trademarks and copyrights Meet patent requirements Navigate complex legal issues Protect your rights abroad The entire body of U.S. patent laws Example office actions and amendments Sample forms Trademark registration certificates Application worksheets See the CD appendix for details and complete system requirements. Note: CD-ROM/DVD and other supplementary materials are not included as part of eBook file.

(Re)Introducing Formalities in Copyright as a Strategy for the Public Domain

(Re)Introducing Formalities in Copyright as a Strategy for the Public Domain
Author: Severine Dusollier
Publisher:
Total Pages: 0
Release: 2012
Genre:
ISBN:

Many voices have been recently heard in favor of the reintroduction of formalities in copyright law, in order to counteract the rapid expansion of copyright protection and the ensuing diminishing of the public domain. Formalities have been considered as a way to limit the automatic granting of copyright, to shorten its duration or to make its enforcement less easy. This paper examines the relevance of a possible reintroduction of formalities for the enhancement and safeguarding of the public domain. It first considers the formalities the introduction of which (or reintroduction in some countries) has been proposed, under two lenses: their validity under the Berne Convention, and their relevance to promote the public domain. It concludes that formalities based on a registration or renewal process have the effect to grant protection to works considered by their copyright owner to have some market potential. Thereby, it espouses a peculiar view of copyright where protection would only be granted to those works with a commercial value. In that narrative, works with no interest to the public - or at least none recognized by the market - will fall into the public domain. Is this really the kind of public domain that we would like to build? More relevant to enhance public availability of works would be to impose some publicity to the transfer of the copyright title, for instance through recordation in public registers, as well as formalities conditioning additional protections of copyright, such as protection against the circumvention of technological measures. As an overall conclusion, this paper argues for the retention of some formalities and explains their potential for enhancing access to and dissemination of knowledge without impairing authors' rights. Formalities might have another effect on the public domain, if conceived differently. Indeed, formalities could be imposed to secure the relinquishment of one's work into the public domain as an opt-out mechanism. Such system of reverse formalities would remove the existing uncertainties, at least in countries with a moral right, about the possibility to give up copyright in a work. It would also guarantee the public domain status of a work for potential users.

Privilege and Property

Privilege and Property
Author: Ronan Deazley
Publisher: Open Book Publishers
Total Pages: 438
Release: 2010
Genre: Law
ISBN: 190692418X

What can and can't be copied is a matter of law, but also of aesthetics, culture, and economics. The act of copying, and the creation and transaction of rights relating to it, evokes fundamental notions of communication and censorship, of authorship and ownership - of privilege and property. This volume conceives a new history of copyright law that has its roots in a wide range of norms and practices. The essays reach back to the very material world of craftsmanship and mechanical inventions of Renaissance Italy where, in 1469, the German master printer Johannes of Speyer obtained a five-year exclusive privilege to print in Venice and its dominions. Along the intellectual journey that follows, we encounter John Milton who, in his 1644 Areopagitica speech 'For the Liberty of Unlicensed Printing', accuses the English parliament of having been deceived by the 'fraud of some old patentees and monopolizers in the trade of bookselling' (i.e. the London Stationers' Company). Later revisionary essays investigate the regulation of the printing press in the North American colonies as a provincial and somewhat crude version of European precedents, and how, in the revolutionary France of 1789, the subtle balance that the royal decrees had established between the interests of the author, the bookseller, and the public, was shattered by the abolition of the privilege system. Contributions also address the specific evolution of rights associated with the visual and performing arts. These essays provide essential reading for anybody interested in copyright, intellectual history and current public policy choices in intellectual property. The volume is a companion to the digital archive Primary Sources on Copyright (1450-1900), funded by the UK Arts and Humanities Research Council (AHRC): www.copyrighthistory.org.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Understanding Copyrights and Related Rights

Understanding Copyrights and Related Rights
Author: World Intellectual Property Organization
Publisher: WIPO
Total Pages: 40
Release: 2016
Genre: Law
ISBN: 9280527991

This booklet provides an introduction for newcomers to the subject of copyright and related rights. It explains the fundamentals underpinning copyright law and practice, and describes the different types of rights which copyright and related rights law protects, as well as the limitations on those rights. It also briefly covers transfer of copyright and provisions for enforcement.