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.

Berne Convention Implementation Act of 1987

Berne Convention Implementation Act of 1987
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice
Publisher:
Total Pages: 1416
Release: 1988
Genre: Berne Convention for the Protection of Literary and Artistic Works
ISBN:

Copyright Unbalanced

Copyright Unbalanced
Author: Reihan Salam
Publisher: Mercatus Center at George Mason University
Total Pages: 141
Release: 2012
Genre: Law
ISBN: 0983607753

The Constitution gives Congress the power to establish copyright “to promote the Progress of Science and useful Arts.” This requires Congress to engage in a delicate balancing act, giving authors enough protection that they will be motivated to create expressive works, but not so much that it hampers innovation and public access to information. Yet over the past half-century Congress has routinely shifted the balance in only one direction—away from access and freedom and toward greater privileges for organized special interests. Conservatives and libertarians, who are naturally suspicious of big government, should be skeptical of an ever-expanding copyright system. They should also be skeptical of the recent trend toward criminal prosecution of even minor copyright infringements, of the growing use of civil asset forfeiture in copyright enforcement, and of attempts to regulate the Internet and electronics in the name of piracy eradication. Copyright Unbalanced is not a moral case for or against copyright; it is a pragmatic look at the excesses of the present copyright regime and of proposals to expand it further. It is a call for reform—to roll back the expansions and reinstate the limits that the Constitution’s framers placed on copyright. Published by the Mercatus Center at George Mason University.

Copyright, Patent, Trademark and Related State Doctrines

Copyright, Patent, Trademark and Related State Doctrines
Author: Paul Goldstein
Publisher:
Total Pages: 1160
Release: 2008
Genre: Law
ISBN:

The Sixth Edition has been comprehensively updated to take account of new judicial, legislative, and scholarly developments in all areas of intellectual property law--trademark, copyright, and patent, and also idea protection, trade secrets, right of publicity, and other areas. It provides cases and notes on emerging First Amendment limitations on federal and state intellectual property rights and addresses emerging trends in Lanham Act section 43(a) and newly revised provisions of federal anti-dilution law. Other highlighted topics include the Internet and domain names, secondary liability, safe harbors, and anti-circumvention provisions; expanded coverage of software protection and business method patents; and notes comparing U.S. intellectual property doctrines to rules in other countries. In the Sixth Edition the materials on trademark and unfair competition have been reorganized, as have the materials on federal preemption of state law.