Bücher der Reihe Cambridge Intellectual Property and Information Law

The first in-depth study of the history of copyright protecting the visual arts, uncovering long-forgotten narratives of copyright history and reflecting on how those sharpen the critical lens through which we view copyright today. It will appeal to copyright lawyers, scholars and policy-makers, as well as to art historians and curators.

How should copyright exceptions be drafted? This is a question of ongoing concern in scholarly and law reform debates. In Drafting Copyright Exceptions, Emily Hudson assesses drafting options using insights from the standards and rules literature, and case studies from cultural institutions in Australia, Canada, the UK and the US. Drawing on thousands of hours of interviews conducted over fourteen years, the book describes how staff engage with and interpret the law. Whilst some practices are guided strongly by copyright doctrine, others are influenced by the factors such as ethical views, risk assessment, and prosaic matters related to collection management. This work should be read by anyone interested in a detailed account of interpretative practices related to the drafting of copyright exceptions, but it also speaks to broader debates about the relationship between the 'law in books' and the 'law in action'.

In the twenty-first century, it has become easy to break IP law accidentally. The challenges presented by orphan works, independent invention or IP trolls are merely examples of a much more fundamental problem: IP accidents. This book argues that IP law ought to govern accidental infringement much like tort law governs other types of accidents. In particular, the accidental infringer ought to be liable in IP law only when their conduct was negligent. The current strict liability approach to IP infringement was appropriate in the nineteenth century, when IP accidents were far less frequent. But in the Information Age, where accidents are increasingly common, efficiency, equity, and fairness support the reform of IP to a negligence regime. Patrick R. Goold provides the most coherent explanation of how property and tort interact within the field of IP, contributing to a clearer understanding of property and tort law and private law generally.

Drawing on fascinating archival discoveries from the past two centuries, Brent Salter shows how copyright has been negotiated in the American theatre. Who controls the space between authors and audiences? Does copyright law actually protect playwrights and help them make a living? At the center of these negotiations are mediating businesses with extraordinary power that rapidly evolved from the mid-nineteenth to mid-twentieth centuries: agents, publishers, producers, labor associations, administrators, accountants, lawyers, government bureaucrats, and film studio executives. As these mediators asserted authority over creativity, creators organized to respond, through collective minimum contracts, informal guild expectations, and professional norms, to protect their presumed rights as authors. This institutional, relational, legal, and business history of the entertainment history in America illuminates both the historical context and the present law. An innovative new kind of intellectual property history, the book maps the relations between the different players from the ground up.

Intellectual property (IP) law operates with the ontological assumption that immaterial goods such as works, inventions, and designs exist, and that these abstract types can be owned like a piece of land. Alexander Peukert provides a comprehensive critique of this paradigm, showing that the abstract IP object is a speech-based construct, which first crystalised in the eighteenth century. He highlights the theoretical flaws of metaphysical object ontology and introduces John Searle's social ontology as a more plausible approach to the subject matter of IP. On this basis, he proposes an IP theory under which IP rights provide their holders with an exclusive privilege to use reproducible 'Master Artefacts.' Such a legal-realist IP theory, Peukert argues, is both descriptively and prescriptively superior to the prevailing paradigm of the abstract IP object. This work was originally published in German and was translated by Gill Mertens.

Schwemer investigates the regulation of the audiovisual and music sectors, two online markets that have been subject to scrutiny by the European institution, and offers a guide to the evolving landscape for multi-territorial access and licensing of copyrighted works. It will appeal to legal scholars, students, practitioners, and policy-makers.

Adventures in Childhood looks at the business of play and the development of modern intellectual property rights as they evolved in the twentieth century. In doing so, the book explores the paradoxical relationship between exploitation and innocence and the controversies that underpin the construction of the child as a consumer.

This book is a valuable research tool for academics, practitioners, legislators, and students. It provides a comprehensive, comparative insight into the development, the policy considerations and the functioning of the exhaustion doctrine in copyright law. The greatest value of the book lies in its comparative approach and its timely status.

In the increasingly knowledge- and innovation-based economy in which the mobility of the workforce is vital, employees and ex-employees are considered to be one of the biggest threats to the existence of trade secrets. The interests of the former parties to the employment relationship are contradictory: employers want to safeguard their competitive position by limiting use of information, and employees want to use that information to pursue their professional career. Magdalena Kolasa analyses existing guidelines that determine the extent to which former employees may use information learned during service. She proposes criteria for a balanced enforcement of trade secrets, discussing the statutory and implicit confidentiality duties, contractual protection, and remedies. Drawing from the laws of Germany, UK, and USA, and considering the EU Trade Secrets Directive, this book advocates an approach which recognises the value and functions of trade secrecy both within companies and in the context of public policy.

What can users do with works without obtaining the permission of a copyright owner? This book explains the many ways in which copyright laws allow such uses, and how they differ between countries. The copyright public domain is re-interpreted as an important source of human creativity and autonomy.

Focusing on the cultural phenomenon of the celebrity in legal scholarship, this book explores how the commercial exploitation of fame may be regulated by right of publicity and passing off laws in common law jurisdictions. It will appeal to academics, practitioners and students working in intellectual property and cultural studies.

This book investigates how some corporations have avoided tax liability with intellectual property holding companies, and how different constituencies are working to stop them.

With the inclusion of original and archival material, this book is a unique contribution to the history of the modern right to privacy. This book will appeal to an audience of academic and postgraduate researchers, as well as to the judiciary and legal practice.

This book provides the first sustained and detailed account of the UPOV Convention and its key concepts and principles.

This book explores an emerging type of remedy - an injunction that can compel innocent intermediaries to assist in the enforcement of intellectual property rights. Website blocking, content filtering, and disconnection injunctions are all instances of its application. The book highlights problems that these measures pose for the future of the internet and intellectual property law.

This book will be of interest for all jurists doing research and working practically in intellectual property law and international economic law. It should be an element of the base stock for every law school library and specialized law firm. This title is available as Open Access.

This book examines the topic of copyright and freedom of expression as an interdisciplinary issue. The book is not only targeted at copyright lawyers but it will also be of interest to those in the fields of human rights, global trade, economic history, political science, and modern China in general.

After colonization, indigenous people faced an extractive property rights regime for both their land and knowledge. This book outlines that regime, how international intellectual property continues today to assist states to enclose indigenous peoples' knowledge and the networked response of indigenous people to this enclosure.

Combining a theoretical perspective with in-depth empirical studies, Sebastian Haunss discusses how conflicts over intellectual property issues such as access to medicines, the emergence of Pirate Parties and the creation of Creative Commons are linked to more general social conflicts in the knowledge society.

There is huge variation in the nature, scope and institutional forms of legal protection for valuable geographical brands such as Champagne, Colombian coffee and Darjeeling tea. Adopting a historical approach, Dev Gangjee investigates the extent to which these brands are protected by international intellectual property law.

Aimed at students, scholars, legal professionals and policy-makers dedicated to intellectual property issues, this book aims to solve potential conflicts between intellectual property rights, human rights and free competition through the adoption of legislative and judicial exceptions to intellectual property rights.

A comprehensive account of the internationalisation of literary copyright, focusing on nineteenth century international copyright law as it affected Europe, the British colonies (particularly Canada), America, and the UK. Explores the history of international copyright law, and looks at how this history is relevant today.

By repackaging software as a 'device', patent attorneys have succeeded in getting protection for their clients. This text argues that this approach by the Patent Offices makes it difficult for competitors to assess what has been protected. If software is being protected, it should be examined and assessed as such.

Davison examines several legal models designed to protect databases, considering in particular the EU Directive, the history of its adoption and its transposition into national laws. As well as comparing the Directive with a range of American legislative proposals, he comments on various models in the context of an international agreement.

Although multimedia products are highly successful, they are inadequately protected by existing copyright schemes. Stamatoudi considers existing legislation, and chapters treat topics including databases, audiovisual works and computer programs; finally, she offers a model for a European legislative solution. This will interest academics, students, practitioners and copyright policy makers.

Beverley-Smith provides analyses of the disparate aspects of commercial appropriation of personality and traces, in detail, the discrete patterns of development in the major common law systems. He also considers whether a coherent justification for a remedy may be identified from a range of competing theories.

This book is the first detailed historical account of why intellectual property law with its sub-categories of patents, copyright, designs and trade marks took the shape that it did over the course of the nineteenth century. The authors also discuss ways in which the law grants property status to intangibles.

Exclusions from Patentability reviews the history of the adoption of exclusions from patentability under the European Patent Convention since its first conception in 1949 through to its most recent revision. The analysis shows how other intellectual property treaties, such as UPOV, the Strasbourg Patent Convention, PCT, the EU Biotech Directive and TRIPS have affected the framing of the exclusions. Particular attention is given to those exclusions considered the most contentious (computer programmes, discoveries, medical treatments, life forms and agriculture) and those decisions which have been most influential in shaping the approaches by which the exclusions have been interpreted. The 'morality' exclusion and the interpretation of the exclusions are discussed critically and suggestions for coherent interpretation are made.

Vigorous public debate about intellectual property has a long history. In this assessment of the shifting relationships between the law and the economic, social and cultural sources of creativity and innovation during the long-nineteenth century, Megan Richardson and Julian Thomas examine the 'fashioning' of the law by focusing on emblematic cases, key legislative changes and broader debates. Along the way, the authors highlight how, in 'the age of journalism', the press shaped, and was shaped by, the idea of intellectual property as a protective crucible for improvements in knowledge and progress in the arts and sciences. The engagement in our own time between intellectual property and the creative industries remains volatile and unsettled. As the authors conclude, the fresh opportunities for artistic diversity, expression and communication offered by new media could see the place of intellectual property in the scheme of law being reinvented once again.