Retransmission And U S Compliance With Trips

Author : David J. Brennan
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041189017
Total Pages : 374 pages
Book Rating : 4.11/5 ( download)

DOWNLOAD NOW!

Download or read book Retransmission and U. S. Compliance with TRIPs written by David J. Brennan and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to answer one central question: do the U.S. cable and satellite retransmission statutory licenses comply with the TRIPs minimum standard? As with all legal problems, the resolution of ambiguity provides the challenge and the interest. In this regard, by far the greatest ambiguity is created by the use of the term 'equitable renumeration' in the TRIPs retransmission norm. Resort will be had to not only the drafting history of the TRIPs incorporated Berne Convention article, but also to the discipline of economics and to the field of restitutionary monetary awards in common law countries, to seek to provide a meaning for that term. This book is unique in so far as it purports to undertake to provide an analysis whereby a TRIPs compliance issue is considered fully at a theoretical level in an attempt to provide an answer. In so doing, it is hoped that the analysis will provide a methodology for the consideration of the compliance of national laws with intellectual property treaty obligations, which is of use to anyone who may wish to consider such compliance issues in the future.

Author : Nikita Malevanny
Publisher : Springer Nature
ISBN 13 : 3662596997
Total Pages : 423 pages
Book Rating : 4.99/5 ( download)

DOWNLOAD NOW!

Download or read book Online Music Distribution - How Much Exclusivity Is Needed? written by Nikita Malevanny and published by Springer Nature. This book was released on 2019-08-30 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes regulatory models established in the field of online music distribution, and examines their consistency with the overarching objectives of copyright law. In order to do so, the book takes a deep dive into the provisions of international treaties, EU Directives as well as the German and US copyright systems and case law. It subsequently scrutinizes the identified regulatory models from the standpoint of the copyright’s objectives with regard to incentives, rewards, a level playing field, and dissemination. Lastly, it endorses the improved market-based statutory license as a preferable instrument in the online music field. The book is intended for all readers with an interest in music copyright law. Part I will especially benefit copyright scholars and practitioners seeking in-depth insights into the current legal situation regarding streaming and downloading. In turn, Part II will above all appeal to scholars interested in “law and economics” and in the theoretical foundations of online music copyright. Policy recommendations can be found in Part III.

Author : Andrew T. Kenyon
Publisher : Melbourne University Publish
ISBN 13 : 0522854400
Total Pages : 440 pages
Book Rating : 4.04/5 ( download)

DOWNLOAD NOW!

Download or read book TV Futures written by Andrew T. Kenyon and published by Melbourne University Publish. This book was released on 2007-01-01 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: TV Futures: Digital Television Policy in Australia brings together leading writers from both law and media studies to examine the implications of the shift to digital television for the platforms and audiences, copyright law and media regulation. The book combines writers with expertise in media law and copyright law with those skilled in media policy and social and cultural research. Through its scope and topicality, the book substantially develops the literature on digital television to serve readers from across the fields of law, the humanities and social sciences.

Author : Fiona Macmillan
Publisher : Edward Elgar Publishing
ISBN 13 : 9781781958193
Total Pages : 272 pages
Book Rating : 4.9X/5 ( download)

DOWNLOAD NOW!

Download or read book New Directions in Copyright Law written by Fiona Macmillan and published by Edward Elgar Publishing. This book was released on 2006-08-29 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, the third in the series, follows the themes considered in the first two volumes and brings together perspectives on copyright from law, politics, economics, cultural studies and social theory in an effort to forge a truly coherent and meaningful agenda for the future of copyright. It comprises thoughtful, critical and often challenging contributions from an international, multidisciplinary network of scholars.

Author : Peter-Tobias Stoll
Publisher : BRILL
ISBN 13 : 9004145672
Total Pages : 945 pages
Book Rating : 4.72/5 ( download)

DOWNLOAD NOW!

Download or read book WTO written by Peter-Tobias Stoll and published by BRILL. This book was released on 2009 with total page 945 pages. Available in PDF, EPUB and Kindle. Book excerpt: This commentary covers the entire TRIPs agreement. It adopts a comparative perspective in highlighting related and similar provisions and developments in other international and regional instruments.. It is designed to meet the needs both of the WTO and the intellectual property community.

Author : Graham Greenleaf
Publisher : Cambridge University Press
ISBN 13 : 1108577156
Total Pages : 667 pages
Book Rating : 4.51/5 ( download)

DOWNLOAD NOW!

Download or read book Public Rights written by Graham Greenleaf and published by Cambridge University Press. This book was released on 2018-06-21 with total page 667 pages. Available in PDF, EPUB and Kindle. Book excerpt: Access to works in the public domain is an important source of human creativity and autonomy, whether in the arts, scientific research or online discourse. But what can users actually do with works without obtaining the permission of a copyright owner? Readers will be surprised to find how many different kinds of permitted usage exist around the world. This book offers a comprehensive international and comparative account of the copyright public domain. It identifies fifteen categories of public rights and gives a detailed legal explanation of each, showing how their implementation differs between jurisdictions. Through this analysis, the authors aim to restore balance to copyright policy debates, and to contribute to such debates by making practical law reform proposals. A major intervention in the field of intellectual property law and copyright, this book will appeal to lawyers, scholars and those involved in the administration of copyright law.

Author : Maria Angela Jardim de Santa Cruz Oliveira
Publisher : Springer
ISBN 13 : 3319139029
Total Pages : 219 pages
Book Rating : 4.29/5 ( download)

DOWNLOAD NOW!

Download or read book International Trade Agreements Before Domestic Courts written by Maria Angela Jardim de Santa Cruz Oliveira and published by Springer. This book was released on 2015-02-13 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the role of domestic courts in the enforcement of international trade agreements by examining the experiences of Brazilian and the European Union courts. This comparative study analyzes the differences, similarities and consequences of Brazilian and European courts’ decisions in relation to the WTO agreements, which have “direct effect” in Latin American emerging economies, but not in the European Union or other developed countries. It observes that domestic courts’ enforcement of international trade agreements has had several unintended and counterproductive consequences, which were foreseeable in light of international scholarly debate on the direct effect of WTO agreements. It draws lessons from these jurisdictions’ experiences and argues that the traditional academic literature that fosters domestic courts’ enforcement of international law should be reconsidered in Latin America in relation to international trade agreements. This book defends the view that, as a result of their function and objectives together with the principles of popular sovereignty and democratic self-government, international trade agreements should not be considered to be self-executing or to have direct effect. This empirical work will be valuable to anyone interested in the effects of international trade rules at the domestic level and the role of domestic judges in international law.

Author : Katy Barnett
Publisher : Cambridge University Press
ISBN 13 : 1108265855
Total Pages : 671 pages
Book Rating : 4.50/5 ( download)

DOWNLOAD NOW!

Download or read book Remedies in Australian Private Law written by Katy Barnett and published by Cambridge University Press. This book was released on 2018-09-07 with total page 671 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of Remedies in Australian Private Law offers readers a clear and detailed introduction to remedies and their functions under Australian law. Clearly structured, with a strong black-letter law focus, the text provides a complete treatment of remedies in common law, equity and statute and develops a framework for understanding the principles of private law remedies and their practical application. This edition has been significantly revised and offers up-to-date coverage of case law and legislation, including the Australian Consumer Law. Building on the detailed treatment of remedies and their broad functions across a range of private law categories, the new edition also offers expanded coverage of vindicatory damages, debt, specific restitution and coercive remedies. With its systematic and accessible approach, this text enables students and practitioners to develop a coherent understanding of remedial law, and to analyse legal problems and identify appropriate remedial solutions.

Author : Ewoud Hondius
Publisher : Springer
ISBN 13 : 3319187597
Total Pages : 507 pages
Book Rating : 4.94/5 ( download)

DOWNLOAD NOW!

Download or read book Disgorgement of Profits written by Ewoud Hondius and published by Springer. This book was released on 2015-08-12 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: Disgorgement of profits is not exactly a household word in private law. Particularly in civil law jurisdictions – as opposed to those of the common law – the notion is not well known. What does it stand for? It is best illustrated by examples. One of the best known being the British case of Blake v Attorney General, [2001] 1 AC 268. In which a double spy had been imprisoned by the UK government before escaping and settling in the former Soviet Union. While there wrote a book on his experiences, upon which the UK government claimed the proceeds of the book. The House of Lords, as it then was, allowed the claim on the basis of Blake’s breach of his employment contract. Other examples are the infringement of intellectual property rights, where the damages of the owner are limited, but the profits of the wrongdoer immense. In such cases, the question arises whether the infringing party should be disgorged of his profits. This volume aims at establishing the notion of disgorgement of profits as a keyword in the discourse of private law. It does not purport to answer the question whether or not such damages should or should not be awarded. It does however aim to contribute to the discussion, the arguments in favour and against, and the organisation of the various actions.

Author : Unctad-ictsd
Publisher :
ISBN 13 : 9781139444972
Total Pages : 829 pages
Book Rating : 4.72/5 ( download)

DOWNLOAD NOW!

Download or read book Resource Book on TRIPS and Development written by Unctad-ictsd and published by . This book was released on 2005 with total page 829 pages. Available in PDF, EPUB and Kindle. Book excerpt: NAture of obligations, principles and objectives; Substantive obligations; Intellectual property rights and competition; Enforcemente, maintenance and acquisition of rights; Interpretation and dispute settlement and prevention; Transitional and institutional arragements.