The Parody Exception in Copyright Law

The Parody Exception in Copyright Law
Author: Sabine Jacques
Publisher: Oxford University Press
Total Pages: 310
Release: 2019-03-07
Genre: Law
ISBN: 0192529986

Parodies have been created throughout times and cultures. A glimpse at the general judicial latitude generally afforded to parodies, satires, caricatures, and pastiches demonstrates the social and cultural value of this particular form of artistic expression. With the advent of technologies and the evolution of copyright legislation, creative endeavours in the form of parody gathered a new youth but became unlawful. While copyright law grants exclusive rights to right-holders, this right is not absolute. Legislation includes specific exceptions, which preclude right-holders from exercising their prerogatives in particular cases which foster creativity and cultural diversity within that society. The parody exception pertains to this ultimate objective by permitting users to reproduce copyright-protected materials for the purpose of parody. To understand the meaning and scope of the parody exception, this book examines and compares five jurisdictions which differ in their protection of parodies: France, Australia, Canada, the US and the United Kingdom. This book is concerned with finding an appropriate balance between the protection awarded to right-holders and the public interest. This is achieved by analysing the parody exception to the economic rights of right-holders, the preservation of moral rights and the interaction of the parody exception with contract law. As parodies constitute an artistic expression protected under the right to freedom of expression, this book also considers the influence of freedom of expression on the interpretation of this specific copyright exception. Furthermore, this book aims at providing guidance on how to resolve conflicts where fundamental rights are in conflict. This is the first book in English to offer an in-depth investigation into the parody exception in copyright law, and comments on industry practices linked to this form of creative endeavours.

The Right To Parody

The Right To Parody
Author: Amy Lai
Publisher: Cambridge University Press
Total Pages: 251
Release: 2019-01-03
Genre: Law
ISBN: 1108649335

In The Right to Parody: Comparative Analysis of Free and Fair Speech, Amy Lai examines the right to parody as a natural right in free speech and copyright, proposes a legal definition of parody that respects the interests of rights holders and accommodates the public's right to free expression, and describes mechanisms to ensure that parody will best serve this purpose. Combining philosophical inquiry with robust legal analysis, the book draws upon examples from the United States, Canada, the United Kingdom, France, and Hong Kong. While it caters to scholars in intellectual property and constitutional law, as well as free speech advocates, it is written in a non-specialist language designed to appeal to any reader interested in how the boom in online parodies and memes relates to free speech and copyright.

The Cambridge Handbook of Copyright Limitations and Exceptions

The Cambridge Handbook of Copyright Limitations and Exceptions
Author: Shyamkrishna Balganesh
Publisher: Cambridge University Press
Total Pages: 719
Release: 2021-01-07
Genre: Law
ISBN: 1108670873

While copyright law is ordinarily thought to consist primarily of exclusive rights, the regime's various exemptions and immunities from liability for copyright infringement form an integral part of its functioning, and serve to balance copyright's grant of a private benefit to authors/creators with the broader public interest. With contributors from all over the world, this handbook offers a systematic, thorough study of copyright limitations and exceptions adopted in major jurisdictions, including the United States, the European Union, and China. In addition to providing justifications for these limitations, the chapters compare differences and similarities that exist in major jurisdictions and offer suggestions about how to improve the enforcement of copyright limitations domestically and globally. This work should appeal to scholars, policymakers, attorneys, teachers, judges, and students with an interest in the theories, policies, and doctrines of copyright law.

The Wind Done Gone

The Wind Done Gone
Author: Alice Randall
Publisher: Houghton Mifflin Harcourt
Total Pages: 228
Release: 2001
Genre: Fiction
ISBN: 9780618219063

A parody of Gone with the wind, this novel tells the story of Cynara, the mulatto half-sister born into slavery who eventually triumphs.

Implied Licences in Copyright Law

Implied Licences in Copyright Law
Author: Poorna Mysoor
Publisher: Oxford University Press, USA
Total Pages: 369
Release: 2021-03-04
Genre: Law
ISBN: 0198858191

This book develops a systematic way of implying copyright licences and analyses the existing case law in light of these proposed frameworks to demonstrate how the court's reasoning can be made methodical and transparent, testing the methodology in relation to three essential functions on the internet - browsing, hyperlinking, and indexing.

Patent Litigation in China

Patent Litigation in China
Author: Douglas Clark
Publisher: Oxford University Press, USA
Total Pages: 313
Release: 2011-08-25
Genre: Law
ISBN: 0199730253

In Patent Litigation in China, Douglas Clark provides U.S. and other non-Chinese practitioners with an overview of the patent litigation system in China and with strategic commentary to ensure better decision-making by those responsible for bringing or defending patent actions in China.

Exceptions in EU Copyright Law

Exceptions in EU Copyright Law
Author: Tito Rendas
Publisher: Kluwer Law International B.V.
Total Pages: 400
Release: 2021-02-10
Genre: Law
ISBN: 9403524006

Information Law Series Volume 45 In a copyright system characterised by broad and long-lasting exclusive rights, exceptions provide a vital counterweight, especially in times of rampant technological change. The EU’s controversial InfoSoc Directive – now two decades old – lists exceptions in which an unauthorised user will not have infringed the rightholder’s copyright. To reform or not to reform this legal framework – that is the question considered in great depth in this book, providing detailed theoretical and normative analysis of the Directive, the national and CJEU case law arising from it, and meticulously thought-out proposals for change. By breaking down the concepts of ‘flexibility’ and ‘legal certainty’ into a set of policy objectives and assessment criteria, the author thoroughly examines such core aspects of the framework as the following: the justifications for exceptions, e.g., safeguarding the fundamental rights of users; the regimes established in legislation and case law for key exceptions; the need to promote technological development; the importance of avoiding re-fragmentation caused by uncoordinated national legislative responses to technological changes; the legal status of digital technologies that rely on unauthorised uses of copyright-protected works; and the pros and cons of importing a fair use standard modelled after that of the United States. In an invaluable concluding chapter, the author puts forward a set of reform proposals, articulating their advantages and responding to potential objections. In doing so, the chapter also identifies, synthesises and critically examines the various proposals that have been advanced in the academic literature. In its decisive contribution to the debate around the InfoSoc Directive and the rules that guide its implementation, interpretation, and application, this book isolates the contentious structural features of the framework and examines them in a critical fashion. The author’s systematised review of scholarly and policymaking proposals for increasing flexibility and legal certainty in EU copyright law will be welcomed by practitioners in intellectual property law and other areas of economic law, as well as by interested policymakers and scholars.

Law of Raw Data

Law of Raw Data
Author: Jan Bernd Nordemann
Publisher: Kluwer Law International B.V.
Total Pages: 605
Release: 2021-08-23
Genre: Law
ISBN: 9403532815

Data, in its raw or unstructured form, has become an important and valuable economic asset, lending it the sobriquet of ‘the oil of the twenty-first century’. Clearly, as intellectual property, raw data must be legally defined if not somehow protected to ensure that its access and re-use can be subject to legal relations. As legislators struggle to develop a settled legal regime in this complex area, this indispensable handbook will offer a careful and dedicated analysis of the legal instruments and remedies, both existing and potential, that provide such protection across a wide variety of national legal systems. Produced under the auspices of the International Association for the Protection of International Property (AIPPI), more than forty of the association’s specialists from twenty-three countries worldwide contribute national chapters on the relevant law in their respective jurisdictions. The contributions thoroughly explain how each country approaches such crucial matters as the following: if there is any intellectual property right available to protect raw data; the nature of such intellectual property rights that exist in unstructured data; contracts on data and which legal boundaries stand in the way of contract drafting; liability for data products or services; and questions of international private law and cross-border portability. Each country’s rules concerning specific forms of data – such as data embedded in household appliances and consumer goods, criminal offence data, data relating to human genetics, tax and bank secrecy, medical records, and clinical trial data – are described, drawing on legislation, regulation, and case law. A matchless legal resource on one of the most important raw materials of the twenty-first century, this book provides corporate counsel, practitioners and policymakers working in the field of intellectual property rights, and concerned academics with both a broad-based global overview on emerging legal strategies in the protection of unstructured data and the latest information on existing legislation and regulation in the area.

Common Ground at the Nexus of Information Literacy and Scholarly Communication

Common Ground at the Nexus of Information Literacy and Scholarly Communication
Author: Stephanie Davis-Kahl
Publisher: Assoc of College & Research Libraries
Total Pages: 0
Release: 2013
Genre: Academic libraries
ISBN: 9780838986219

Common Ground at the Nexus of Information Literacy and Scholarly Communication presents concepts, experiments, collaborations, and strategies at the crossroads of the fields of scholarly communication and information literacy. The seventeen essays and interviews in this volume engage ideas and describe vital partnerships that enrich both information literacy and scholarly communication programs within institutions of higher education. Contributions address core scholarly communication topics such as open access, copyright, authors rights, the social and economic factors of publishing, and scholarly publishing through the lens of information literacy. This volume is appropriate for all university and college libraries and for library and information school collections.

China

China
Author: Greg Banks
Publisher:
Total Pages: 32
Release: 2007
Genre: China
ISBN: 9781420211320

China is one of four books that make up the National Geographic Theme Set: Ancient Civilizations. It is book B.Each book in the set is written at a different reading standard, yet covers the same key concepts about the theme Ancient Civilizations. This enables you to cater for all students in your class by teaching the same content to every student - from struggling to fluent readers - with books that cater for different reading needs.The goal of this set is for all students in your clas