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 Copyright's Ungainly Expansion

Neil Weinstock Netanel

in Copyright's Paradox

Published in print:
2008
Published Online:
May 2008
ISBN:
9780195137620
eISBN:
9780199871629
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195137620.003.0004
Subject:
Political Science, American Politics

The federal copyright that the Framers envisioned and enacted was a narrow, short‐term right in printed matter. Current copyright holders enjoy a capacious bundle of rights in many more uses of many ... More


 Copyright and the First Amendment

Neil Weinstock Netanel

in Copyright's Paradox

Published in print:
2008
Published Online:
May 2008
ISBN:
9780195137620
eISBN:
9780199871629
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195137620.003.0008
Subject:
Political Science, American Politics

Copyright law's potential for abridging speech has long been recognized in United States case law, legislation, and commentary. Because of copyright, speakers are often unable effectively to convey ... More


Reclaiming copyright: Constitutional Review And Statutory Interpretation

Christina Bohannan and Herbert Hovenkamp

in Creation without Restraint: Promoting Liberty and Rivalry in Innovation

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199738830
eISBN:
9780199932702
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199738830.003.0009
Subject:
Law, Competition Law, Intellectual Property, IT, and Media Law

The Copyright Act serves a combination of public and private interests. Where possible, conflicts between the two should be resolved in favor of the public interest. This approach would sort out some ... More


How Copyright Has Been Captured and Why It Matters

Christina Bohannan and Herbert Hovenkamp

in Creation without Restraint: Promoting Liberty and Rivalry in Innovation

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199738830
eISBN:
9780199932702
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199738830.003.0007
Subject:
Law, Competition Law, Intellectual Property, IT, and Media Law

This chapter introduces the problem of special-interest influence and overbreadth in copyright law. Clearly Congress is stuck. Over the past few decades it has tended to listen only to rights holders ... More


Infringement Nation: Copyright 2.0 and You

John Tehranian

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199733170
eISBN:
9780199894567
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199733170.001.0001
Subject:
Law, Intellectual Property, IT, and Media Law

Written on the occasion of copyright's 300th anniversary, this book presents an analysis of the history and evolution of copyright law and its profound impact on the lives of ordinary individuals in ... More


A Book Is Turned into a Pamphlet: St. Martin's Press and Robert Sikorsky v. Vickers Petroleum Corporation

Roger W. Shuy

in Fighting over Words: Language and Civil Law Cases

Published in print:
2008
Published Online:
May 2008
ISBN:
9780195328837
eISBN:
9780199870165
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195328837.003.0013
Subject:
Linguistics, Sociolinguistics / Anthropological Linguistics

A 111-page book about how to increase gas mileage in cars was the alleged source of a one-page promotional piece widely distributed by an oil company. The author and publisher of the book brought a ... More


Copyright and Mass Digitization

Maurizio Borghi and Stavroula Karapapa

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199664559
eISBN:
9780191758409
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199664559.001.0001
Subject:
Law, Intellectual Property, IT, and Media Law

Mass digitization of texts, images, and other creative works promises to unprecedentedly enhance access to culture and knowledge. With the electronic ‘library of Alexandria’ having started to ... More


Technological Transformative Use

Maurizio Borghi and Stavroula Karapapa

in Copyright and Mass Digitization

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199664559
eISBN:
9780191758409
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199664559.003.0002
Subject:
Law, Intellectual Property, IT, and Media Law

Mass digitization comes with activities that have the potential to transform unprecedentedly the ways in which works are experienced. These activities have found refuge in the fair use doctrine in ... More


Fair Use and Fair Dealing: Two Approaches to Limitations and Exceptions in Copyright Law

Shyamkrishna Balganesh and David Nimmer

in India as a Pioneer of Innovation

Published in print:
2017
Published Online:
April 2018
ISBN:
9780199476084
eISBN:
9780199090839
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199476084.003.0006
Subject:
Business and Management, Innovation

Premised on realizing a balance between protection and access, ‘limitations and exceptions’ play an important role in the any copyright system. Jurisdictions around the world are generally thought to ... More


Patents, Copyright, and Neighboring Rights

in No Law: Intellectual Property in the Image of an Absolute First Amendment

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804745789
eISBN:
9780804763271
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804745789.003.0002
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter presents a comparison of copyright and patent law in terms of their constitutional origins, originality, term limits, subject matter, securing protection, and exclusive rights and nature ... More


From the Piratical to the Creative User

James Meese

in Authors, Users, and Pirates: Copyright Law and Subjectivity

Published in print:
2018
Published Online:
September 2018
ISBN:
9780262037440
eISBN:
9780262344517
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262037440.003.0003
Subject:
Society and Culture, Technology and Society

The second chapter focuses on the user and examines how this subject has become an increasingly prominent element of copyright law across the twentieth century. After introducing the basics (and ... More


Intellectual Property

Dean O. Smith

in Managing the Research University

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199793259
eISBN:
9780199896813
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199793259.003.0014
Subject:
Economics and Finance, Economic Systems

Intellectual property is divided into two categories, copyright and industrial property. Copyright relates to artistic creations, such as books and computer programs; industrial property refers ... More


Exclusion and Inclusion in Property

Hanoch Dagan

in Property: Values and Institutions

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199737864
eISBN:
9780199894994
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737864.003.0011
Subject:
Law, Constitutional and Administrative Law

This chapter addresses the substance of property. Section I presents some recent provocative accounts of the right to exclude as the core of property. Section II offers a conceptual critique of this ... More


The Rights of Others

Darren Hudson Hick

in Artistic License: The Philosophical Problems of Copyright and Appropriation

Published in print:
2017
Published Online:
September 2017
ISBN:
9780226460109
eISBN:
9780226460383
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226460383.003.0008
Subject:
Philosophy, Aesthetics

This chapter begins with a dissection of two legal doctrines limiting an author’s copyright: fair use and fair dealing. Where the former is notoriously loose, I argue, the latter is unwieldy (and ... More


Afterword

Darren Hudson Hick

in Artistic License: The Philosophical Problems of Copyright and Appropriation

Published in print:
2017
Published Online:
September 2017
ISBN:
9780226460109
eISBN:
9780226460383
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226460383.003.0010
Subject:
Philosophy, Aesthetics

After summarizing the argument from the preceding chapters, the afterword looks at some of the theoretical and practical implications that arise from the view offered. In particular, the afterword ... More


Appropriation and Transformation

Darren Hudson Hick

in Artistic License: The Philosophical Problems of Copyright and Appropriation

Published in print:
2017
Published Online:
September 2017
ISBN:
9780226460109
eISBN:
9780226460383
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226460383.003.0009
Subject:
Philosophy, Aesthetics

This chapter focuses on the particular case of appropriation art, a movement defined by usually unauthorized artistic borrowing in the creation of new works. In this chapter, I trace the embattled ... More


On Cultural Democracy

Barbara Cassin

in Google Me: One-Click Democracy

Published in print:
2017
Published Online:
May 2018
ISBN:
9780823278060
eISBN:
9780823280506
Item type:
chapter
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823278060.003.0006
Subject:
Information Science, Information Science

The focus of this final chapter is to explore the far-reaching effects of Google on our books and our languages. It looks at the different resistances to Google’s domination from publishers and ... More


The Moral Panic over Fair Use

William Patry

in How to Fix Copyright

Published in print:
2012
Published Online:
April 2015
ISBN:
9780199760091
eISBN:
9780190259938
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199760091.003.0011
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter considers how fair use is being turned into a moral panic by those opposed to adapting copyright to the digital era. It discusses the technical details of the doctrine of fair use and ... More


Taking Pictures: Appropriation Art, Copyright, and Intentionalism

K. E. Gover

in Art and Authority: Moral Rights and Meaning in Contemporary Visual Art

Published in print:
2018
Published Online:
February 2018
ISBN:
9780198768692
eISBN:
9780191822056
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198768692.003.0006
Subject:
Philosophy, Aesthetics

This chapter presents appropriation art as a seemingly paradoxical renunciation and reinforcement of artistic authority. It then turns to the established philosophical debate surrounding interpretive ... More


Authors, Users, and Pirates: Copyright Law and Subjectivity

James Meese

Published in print:
2018
Published Online:
September 2018
ISBN:
9780262037440
eISBN:
9780262344517
Item type:
book
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262037440.001.0001
Subject:
Society and Culture, Technology and Society

How should we think about authorship, use and piracy in an era of media convergence? How does the growing focus on amateur creativity impact on existing legal and cultural understandings of around ... More


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