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A Theory of Copyright Harm

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/9780199738830.003.0008
Subject:
Law, Competition Law, Intellectual Property, IT, and Media Law

This chapter examines the relationship between copyright law, the harm caused by others' uses of copyright material, and free expression. The United States has a very strong tradition of First ... More


Copyright

Eran Liss and Dan Adin

in Intellectual Property Law and Practice in Israel

Published in print:
2012
Published Online:
April 2015
ISBN:
9780199917419
eISBN:
9780190260149
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199917419.003.0005
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter focuses on the practical aspects of copyright law in Israel. It begins with an overview of the theoretical foundation for justifying copyright law in Israel, along with the statutes ... 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


The Individual as Infringer

John Tehranian

in Infringement Nation: Copyright 2.0 and You

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199733170
eISBN:
9780199894567
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199733170.003.0002
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter focuses on the individual as infringer by examining copyright law's formal take on an average day in the life of an ordinary individual. In so doing, it builds the case for rethinking ... More


Copyright and Other Property Rights

ERIC BARENDT

in Freedom of Speech

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199225811
eISBN:
9780191714139
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199225811.003.0007
Subject:
Law, Human Rights and Immigration

This chapter looks at the relationship of copyright to freedom of speech, but similar problems arise in other areas of law where property rights are recognised, whether under statute or at common ... 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


Producing the Pirate: The Courtroom and Cultural Power

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/9780262037440.003.0007
Subject:
Society and Culture, Technology and Society

Chapter Six examines how the pirate has been interpellated in different jurisdictions across the copyright wars of the twentieth and twenty-first centuries, with a particular focus on the ... More


Music and copyright

Richard Haynes

in Media Rights and Intellectual Property

Published in print:
2005
Published Online:
September 2012
ISBN:
9780748618804
eISBN:
9780748670994
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748618804.003.0004
Subject:
Society and Culture, Media Studies

The music industry is often overlooked in the analysis of media industries. Indeed, music is often viewed outside the general pantheon of what is meant by ‘the media’. Upon close inspection, however, ... More


Digital India Seeks ‘Safe Harbour’

Prashant Reddy T. and Sumathi Chandrashekaran

in Create, Copy, Disrupt: India's Intellectual Property Dilemmas

Published in print:
2017
Published Online:
March 2017
ISBN:
9780199470662
eISBN:
9780199088850
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199470662.003.0008
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter narrates the evolution of a safe harbour provision for internet intermediaries under Indian law. The creation of such safe harbour is crucial for the growth of both internet service ... More


The Idea–Expression Dichotomy and its Role in Software-Related Disputes

Noam Shemtov

in Beyond the Code: Protection of Non-Textual Features of Software

Published in print:
2017
Published Online:
October 2017
ISBN:
9780198716792
eISBN:
9780191848377
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198716792.003.0004
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter examines the idea-expression dichotomy principle and its application in dealing with software copyright infringement disputes. More specifically, it asks to what extent access to ideas ... More


Major Issues in the Information Technology Context

Eran Liss and Dan Adin

in Intellectual Property Law and Practice in Israel

Published in print:
2012
Published Online:
April 2015
ISBN:
9780199917419
eISBN:
9780190260149
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199917419.003.0009
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter discusses major issues in information technology within the context of intellectual property laws in Israel. It begins by considering patents, including those covering software, ... More


Fighting over Words: Language and Civil Law Cases

Roger W. Shuy

Published in print:
2008
Published Online:
May 2008
ISBN:
9780195328837
eISBN:
9780199870165
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195328837.001.0001
Subject:
Linguistics, Sociolinguistics / Anthropological Linguistics

Everybody fights about something or other and language is usually at the very center of the conflict. We use language as we fight our battles, but when the dispute is over what is said or how it was ... More


Consequences of the Nature of the Parody Exception

Sabine Jacques

in The Parody Exception in Copyright Law

Published in print:
2019
Published Online:
April 2019
ISBN:
9780198806936
eISBN:
9780191876790
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198806936.003.0003
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter examines the consequences of the nature and function of the parody exception in copyright law. It first explains the ‘mechanics’ behind the parody exception, particularly as a defence to ... More


Conclusion: media rights and the commons

Richard Haynes

in Media Rights and Intellectual Property

Published in print:
2005
Published Online:
September 2012
ISBN:
9780748618804
eISBN:
9780748670994
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748618804.003.0009
Subject:
Society and Culture, Media Studies

Although altering an original film may infringe the moral rights of the creator — as has happened with the colorisation of some black-and-white films from the 1940s and 1950s — in some cases the ... More


Friends or Enemies? Moral Rights and Open Access

Mira T. Sundara Rajan

in Moral Rights: Principles, Practice and New Technology

Published in print:
2011
Published Online:
April 2015
ISBN:
9780195390315
eISBN:
9780190259747
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780195390315.003.0009
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter examines the implicit recognition of authors' moral rights in open access movements, with a view to addressing three issues. First, it describes the significance of the presence of ... More


Copyright Law, Free Speech, and the Transformative Value of African American Literature

Gene Andrew Jarrett

in Representing the Race: A New Political History of African American Literature

Published in print:
2011
Published Online:
March 2016
ISBN:
9780814743386
eISBN:
9780814743874
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814743386.003.0005
Subject:
Society and Culture, Cultural Studies

This chapter focuses on the 2001 case SunTrust Bank v. Houghton Mifflin Company, a case which debated and determined the transformative potential of African American literature in the realm of social ... More


Defences to Copyright Infringement: Creativity, Innovation and Freedom on the Internet

Stavroula Karapapa

Published in print:
2020
Published Online:
May 2020
ISBN:
9780198795636
eISBN:
9780191836930
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198795636.001.0001
Subject:
Law, Intellectual Property, IT, and Media Law

Defences to copyright infringement have gained increased significance over the past twenty years. The fourth industrial revolution emerged with the development of innovative copy-reliant services and ... More


Edmund Curll, Bookseller

Paul Baines and Pat Rogers

Published in print:
2007
Published Online:
October 2011
ISBN:
9780199278985
eISBN:
9780191700002
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199278985.001.0001
Subject:
Literature, 18th-century Literature

Edmund Curll was a notorious figure among the publishers of the early eighteenth century: for his boldness, his lack of scruple, his publication of work without authors' consent, and his taste for ... More


Copyright User Rights: Contracts and the Erosion of Property

Pascale Chapdelaine

Published in print:
2016
Published Online:
November 2017
ISBN:
9780198754794
eISBN:
9780191817557
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198754794.001.0001
Subject:
Law, Intellectual Property, IT, and Media Law

This book explores the scope of copyright user rights through the lens of property, copyright, and contract law. It proposes a taxonomy and hierarchy of copyright user rights that makes a distinction ... More


Hollering to Be Heard: Copyright and the Aesthetics of Voice

Zahr K. Said

in Hamilton and the Law: Reading Today's Most Contentious Legal Issues through the Hit Musical

Published in print:
2020
Published Online:
May 2021
ISBN:
9781501752216
eISBN:
9781501752230
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9781501752216.003.0027
Subject:
History, Cultural History

This chapter studies how Lin Manuel Miranda creates the intense and brilliant stuff of Hamilton: An American Musical through integration and interpolation of the voices of his heroes. What makes ... More


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