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Rajrathnam V P, Attorney and IPR Consultant

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Copyright Law

The primary objective of copyright is not to reward the labor of authors, but "to promote the Progress of Science and useful Arts." To this end, copyright assures authors the right to their original expression, but encourages others to build freely upon the ideas and information conveyed by a work. This result is neither unfair nor unfortunate. It is the means by which copyright advances the progress of science and art. - Justice Sandra Day O'Connor, writing for the majority, in the case of Feist Publications, Inc. v. Rural Telephone Service Co., (1991)

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Copyright - Brief History Sweat of the Brow Doctrine
WIPO Copyright Treaty Idea-expression Divide
US Copyright Law Merger Doctrine
Digital Millennium Copyright Act First Sale Doctrine
Crown Copyright Common Law Copyright Doctrine
Moral Rights Works Made For Hire
Fair Use Copyleft All Wrongs Reserved
Case Law Intellectual Property Rights Books On Copyright Law
Copyright is an intellectual property right which may subsist in a wide range of creative, intellectual, or artistic forms. Copyright includes original
  • poems, theses, plays, and other literary works,
  • movies, choreographic works, musical compositions, audio recordings,
  • paintings, drawings, sculptures, photographs,
  • software,
  • radio and television broadcasts of live and other performances,
  • designs, particularly industrial designs.

What is copyright?
Copyright, an intellectual property law, is a form of protection granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.

What does copyright protect?
Copyright protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.

What copyright does not protect? Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.

"mere listings of ingredients as in recipes, formulas, compounds or prescriptions are not subject to copyright protection. However, where a recipe or formula is accompanied by substantial literary expression in the form of an explanation or directions, … there may be a basis for copyright protection". - Re: Recipes -   http://www.copyright.gov/fls/fl122.pdf

How is a copyright different from a patent or a trademark?
Copyright protects original works of authorship, while a patent protects inventions or discoveries. Ideas and discoveries are not protected by the copyright law, although the way in which they are expressed may be. A trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others.

When is my work protected?
Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.

Do I have to register to be protected?
No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work.

Why should I register my work if copyright protection is automatic?
Registration is recommended for a number of reasons. Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration. Registered works may be eligible for statutory damages and attorney's fees in successful litigation. Finally, if registration occurs within 5 years of publication, it is considered prima facie evidence in a court of law.

What is a “poor man’s copyright.”?
The practice of sending a copy of your own work to yourself is sometimes called a “poor man’s copyright.” There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration.

Is my copyright good in other countries?
Many countries have copyright relations with other countries in the world, and as a result of these agreements, they honor each other's citizens' copyrights.

 

"While I shall think myself bound to secure every man in the enjoyment of his copyright, one must not put manacles upon science." - Lord Ellenborough

Australian Copyright Law

Canadian Copyright Law

China PRC Copyright Law

European Union Copyright Law

French Copyright Law

German Copyright Law

Hong Kong Copyright Law

Indian Copyright Law

Japanese Copyright Law

Netherlands Copyright Law

Philippine Copyright Law

Polish Copyright Law

Russian Copyright Law

Spanish Copyright Law

Switzerland Copyright Law

UK Copyright Law

US Copyright Law

Copyright - Brief History

Laws granting ownership of intellectual products to the authors, scientists, or inventors who created them took root in the 18th century. The idea being that personal ownership would lead to personal profit and that profit would stimulate creation of new knowledge.

Statute of Anne, was passed in England in 1710. It formed the basis for modern copyright laws. The Statute of Anne established two important precedents. First, that creators should be the primary recipient of any revenues their work generated. And, second, that copyright ownership should only be granted over a limited span of time. The Statute of Anne was used as a model for national laws in Denmark (1741), the United States (1790), and France (1793).

In 1886, with the Berne Convention for the Protection of Literary and Artistic Works, the cornerstone of international copyright protection was laid, although subsequent treaties have widened and deepened the protection it offers. The core provision of the Berne Convention is that each member country will provide copyright protection for works published in other member countries. Each member country has agreed to provide the same copyright protection to works published in a Berne Convention member as it does it’s own works. Member states agree to protect the copyright of each other’s works as if they were their own.

Universal Copyright Convention, Geneva 1952, effective from 1955 exists alongside the Berne Convention. The main features of the Universal Copyright Convention:
No signatory nation should provide greater copyright protection for domestic work than foreign work.
A formal copyright notice must appear in all copies of a work.
The minimum term of copyright protection in all member nations must be the life of the author plus an additional 25 years.
All member nations are required to grant an exclusive right of translation for a seven-year period to other member nations.

It was also agreed that the Universal Copyright Convention would not negate any of the existing multilateral arrangements between countries.
It was also agreed that when there are difference between member countries the Berne Convention takes precedence.

Purpose of Copyright
The purpose of copyright is to protect an artist, publisher, or other owner against any unauthorized use or sale of their works. The details vary from country to country. But, typically, these laws grant the copyright holder the right of reproduction; the right to distribute copies; the right to rent copies (such as computer programs and audiovisual works); the right to make recordings of public performances (particularly musical, dramatic, or audiovisual works); the right to broadcast; and the right to translate.

Lawful only if they are done with the permission of the copyright owner, they are referred to as ‘economic rights’ and enable the author or creator to be paid for the use of work.

Most countries also recognize ‘moral rights’ for authors. Moral rights are the basis on which authors may claim authorship and require their names be indicated on the copies of their work. Moral rights give the author the right to oppose the mutilation or deformation of their works, regardless of whether they have transferred their economic rights.

The Berne Convention recognizes moral rights and upholds the right of an author to preserve their work from any alteration.

The United States copyright law doesn’t recognize moral rights. In the United States, such rights are waived when economic rights are sold. If an author sells a screenplay for a feature film, the new owner may alter the text, title, concept freely while still attributing the screenplay to the author.

Protected Works
Copyright laws protect a wide range of works. In general, copyright protects ‘original works of authorship’ that are fixed in a tangible form of expression. And practically all national copyright laws provide for the protection of the following types of works:
•Literary works: regardless of their length (novel or short-story), regardless of purpose (education or advertisement), or form (handwritten or book).
•Musical works: regardless of length, purpose, or form.
•Artistic works: regardless whether 2-dimensional, 3-dimensional, representational or abstract, or purpose (pure or commercial).
•Audiovisual works: irrespective of purpose (pure art or propaganda) such as motion pictures, television broadcasts.

These categories should be viewed broadly. Computer programs are registered as ‘literary works’ and maps and architectural plans are often considered to be ‘pictorial, graphic, and sculptural works.’

Choreographic works, maps and technical drawings are also copyrighted. Works of applied arts, such as furniture, jewelry, or wallpaper are protected. United States, provides for the protection of derivative work. Walt Disney company owns the copyright on its animated movies and anyone wishing to produce a T-shirt with the image of Mickey Mouse must obtain permission from Walt Disney.

In some countries, like in the United States, copyright has a wider meaning than ‘author’s rights.’ Copyright extends to the producers and interpreters of artistic works. Mozart’s 1st Violin Concerto is in the public domain. However, James Levine’s interpretation of this concerto as performed by Itzhak Perlman is copyrighted. Consequently, Deutsche Grammophon records may bring legal action against anyone selling copies of that recording without permission.

Generally, several categories of material are generally not eligible for copyright protection.

•Works that have not be fixed in a tangible form (such as improvisational speeches or performances that have not been written or recorded).
•Titles, names, or slogans which are mere variations of typographic ornamentation.
•Ideas, procedures, methods, or systems as distinguished from a written description or printed illustration.
•Works consisting entirely of information that is common property containing no original authorship (such as calendars, height and weight charts, or rulers).

Limitations
Most countries impose certain limitations on the copyright holder. Two of the most important are that of ‘duration’ and ‘fair use.’

England’s Statute of Anne set the precedence for the expiration of copyright. Copyright is limited in time. Many countries have adopted, as a general rule, a term of protection that starts at the time of the creation and ends 50 years after the death of the author. After that time, the author can no longer claim ownership and the work can be freely reproduced and distributed without permission.

Another limitation on the copyright holder is often referred to as ‘fair use.’ This is a relatively new provision in the U.S. copyright law but other countries have recognized it, in one form or another.

Under certain circumstances, parts of copyrighted works may be used without permission from the copyright holder. The criteria vary from country to country but in the United States, for example, courts have regarded as fair use the quotation of excerpts in a review or criticism for purposes of illustration or comment, quotation of short passages in a scholarly or technical work, use in parody, use in a summary of the piece, in a news report, reproduction of a library to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson.

Even in the United States the distinction between fair use and infringement is not easily defined. Determining specific cases of right and wrong is always left to the courts.

The Berne Convention, set up an international bureau in 1886 to carry out its’ administrative and enforcement tasks. It was known as the International Bureau for the Protection of Intellectual Property. In 1960, the Bureau moved from Berne to Geneva and was renamed the World Intellectual Property Organization (WIPO). In 1974, it was placed under the auspices of the United Nations with a mandate to administer intellectual property matters of member states.

WIPO’s objectives include the intent to harmonize national intellectual property legislation and procedures and to serve as a kind of clearinghouse for the registration of international copyright. One of WIPO’s primary programs is to facilitate the resolution of international intellectual property disputes and to interpret the contents of the Berne Convention and the Universal Copyright Convention.

17 U.S.C. § 102(b) provides: “In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.”

Books On Copyright Law

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Copyright Law in the Digital Society: The Challenges of Multimedia (Hardcover) (September 2005) by Tanya Frances Aplin

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Writer's Guide to Copyright & Law: Learn What Rights You Have as a Writer and How to Enjoy Them; What Obligations You Have, and How to Comply with The (Paperback) (February 2006) by Helen Shay

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Copyright And Other Fairy Tales: Hans Christian Andersen And the Commodification of Creativity (Hardcover) (March 30, 2006)
by Helle Porsdam (Editor)
'This is not a lighthearted book, but rather an inspiring tale that challenges the development of copyright. A detailed historical analysis of copyright leads to fundamental questions about the role of copyright in society. From a historical perspective a tale of failure blamed on commodification surfaces, but the book also offers perspectives on the future, i.e. a future with or without copyright as we know it. Maybe after all there will be a fairy tale ending for the reader.' - Paul Torremans, University of Nottingham, UK
'Once the preserve of a few legal specialists, the wider implications of copyright law are more and more the concern of literary scholars and cultural analysts as well as of increasingly sceptical lawyers. Helle Porsdam is to be congratulated on assembling and editing this interesting collection of essays, which rightly opens up even further the debate on the cultural role of copyright law, one in which every one of us should participate.' - Ruth Towse, Erasmus University Rotterdam, The Netherlands
The present state of copyright law and the way in which it threatens the remix of culture and creativity is a shared concern of the contributors to this unique book. Whether or not to remain within the underlying regime of intellectual property law, and what sort of reforms are needed if we do decide to remain within this regime, are fundamental questions that form the subtext for their discussions.
One opinion that manifests itself in the book is that we should not reject present copyright law altogether, but rather find ways to fit it to the new digital technology, whilst others take a more sceptical view. They argue, for example, that the solution to copyright-related problems is simply to give up on copyright law altogether. The life and work of Danish writer Hans Christian Andersen presents an ideal focus and/or point of departure, giving the contributors a historical and well defined framework for their discussion of the various problems in relating copyright to cultural creativity.
Copyright and Other Fairy Tales will be of great interest to scholars of intellectual property from a diversity of fields including law, economics, and cultural studies, as well as historians interested in the link between cultural creativity and the role of copyright in promoting (or preventing) such creativity.

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Patent, Trademark, And Copyright Laws 2006 (Patent, Trademark, and Copyright Laws) (Patent, Trademark, and Copyright Laws) (Paperback) (January 1, 2006)
by Jeffrey M. Samuels (Editor)
The leading reference on patent, trademark, and copyright laws.
Patent, Trademark, and Copyright Laws includes Title 35 (Patents), Title 17 (Copyrights), and Chapters 22 and 63 of Title 15 (Trademarks and Technology Innovation) of the United States Code. It also includes miscellaneous sections of the United States Code and other laws relating to intellectual property. Get the new legislative developments affecting U.S. intellectual property law with the 2006 Edition.
The 2006 Edition of Patent, Trademark, and Copyright Laws includes a new section on international treaties and agreements. The section contains the text of the Patent Cooperation Treaty and the Madrid Protocol, which facilitate the filing abroad of patent and trademark applications, respectively. The new section also includes the Uniform Domain Name Dispute Resolution Policy, which governs the adjudication of domain name disputes involving the top-level domains .com, .org., and .net.

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A Treatise On The Law Of Copyright: In Books, Dramatic And Musical Compositions, Letters, And Other Manuscripts, Engravings And Sculupture (Hardcover) (November 2005)
by George Ticknor Curtis

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Internet Surf and Turf Revealed: The Essential Guide to Copyright, Fair Use, and Finding Media (Paperback) (October 17, 2005)
by Barbara M. Waxer, Marsha Baum
This one-of-a kind book provides important, easy-to-understand information on copyright laws and the concept of fair use as they relate to media on the Internet.
Barbara Waxer relishes the challenge of transforming the complex into common sense. Over the past 20 years, she has translated Chinese literature, implemented programs for grassroots nonprofits and the Department of Energy, and written graphics software textbooks. The Detroit native loves living in New Mexico. Professor of Law Marsha L. Baum teaches intellectual property courses including Copyright Law and Information Technology and the Law at the University of New Mexico. She has been in academia for over 20 years and has taught intellectual property in law schools and other settings for over a decade.

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Copyright Catechism: Practical Answers to Everyday School Dilemmas (Paperback) (September 2005) by Carol Simpson
This companion volume to Copyright for Schools: A Practical Guide, Fourth Edition consists of 177 actual questions from educators facing copyright dilemmas in schools, answered with practical applications of copyright law. These coping strategies for real-world copyright situations provide useable solutions for everyday questions about copyright. Examples involve print, online, multimedia, video, audio, broadcast, for-profit, and fair use copyright dilemmas in an easy-to-follow question and answer format.
Linworth Publishing, Inc., publisher of professional development resources for K-12 educators, is excited to announce the newest copyright resource written by Carol Simpson, a leading industry expert in copyright for schools. Her new book, Copyright Catechism: Practical Answers to Everyday School Dilemmas, is a collection of questions and answers drawn from her "Copyright Questions of the Month" column in LIBRARY MEDIA CONNECTION, the professional magazine for school library media and technology specialists.

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Choice of Law in Copyright and Related Rights: Alternativesto the Lex Protectionis (Information Law)
by Mireille Van Eechoud, Mireille M. M. Van Eechoud
Nobody denies that the traditional territorial approach to copyright and other intellectual property rights has come under pressure. Yet it persists. Faced with the need to determine the applicable law in cross-border cases, lawyers everywhere wrestle with the implications of the territorial nature of copyright and related rights.
In this book Mireille van Eechoud clears the way to the formulation of conflict rules that reflect the purpose of copyright law- to protect creators and stimulate the production and use of information- without reverting to old-fashioned notions of territoriality. She shows how the applicable law can be determined for four distinct legal avenues of intellectual property law:
*Which exclusive rights exist in an intellectual creation and for how long;
*Who is considered to own such right;
*How can these rights be transferred; and
*What continues infringement of copyright and related rights.|
Mireille van Eechoud shows how, when each of these questions is approached in the light of the different allocation principles used in modern choice of law, a new clarity begins to emerge that promises in time to build a set of conflict rules well suited to the unprecedented copyright and related rights issues that we find so difficult to resolve today. Her in-depth analysis draws in the classis multilateral conventions and treaties, underlying policies, technological and economic developments, utilitarian grounds versus justice considerations, and issues of infringement in the digital environment.

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Patent, Copyright & Trademark: An Intellectual Property Desk Reference (Patent, Copyright and Trademark) (Paperback) 8th edition (January 10, 2006)
by Richard Stim
The laws covering intellectual property--those products of the imagination with commercial value, such as fictional writing, software designs, product names, and mechanical inventions--have long boggled the minds of the uninitiated. With the advent of online commerce and publishing, the issues have only gotten more confusing. The new edition of Patent, Copyright & Trademark: A Desk Reference to Intellectual Property Law, by attorney Stephen Elias, offers plain-English explanations and practical advice on this increasingly complex topic.

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Fair Use, Free Use, And Use by Permission: How to Handle Copyrights in All Media   (February 28, 2006) by Lee Wilson
• Who needs this book? Only every writer, photographer, illustrator, designer, businessperson, musician, songwriter, filmmaker, teacher, researcher, advertiser, and Web designer in the United States
•How to find copyright owners, request permissions, and keep records
•Easy-reference copyright duration chart, form agreements, form letters, resources, and checklists
Permissions - they’re enough to make anyone crazy. Thank heavens there’s Fair Use, Free Use and Use by Permission, the one-volume reference that is sure to save the sanity of thousands of grateful readers. Writers, photographers, illustrators, designers, teachers, researchers—anyone involved with intellectual property needs this practical, straightforward guide to copyright law. Find out what constitutes fair use, how to get permissions, and how to protect creative work, plus learn about copyright infringement, public domain, and much more. Illuminating true-life stories enliven the ins and outs of copyright law, and helpful charts, resource lists, and forms make the permissions experience vastly more manageable. Let a respected intellectual property lawyer show the way through the copyright maze!
Lee Wilson has been an intellectual property lawyer for more than twenty years. Her previous books include The Copyright Guide, The Advertising Law Guide, The Trademark Guide, and Making It in the Music Business. She lives in Pleasant View, TN

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Antitrust, Patents And Copyright: EU And US Perspectives (New Horizons in Competition Law and Economics) (Hardcover) (December 30, 2005)
by Francois Leveque (Editor), Howard A. Shelanski (Editor)
‘This volume offers a fresh perspective on the IP/antitrust interface. Its blend of economic policy analysis and provocative policy prescriptions is particularly noteworthy. It is noteworthy for the scope of its coverage (patent, copyrights, and database protection) and international focus. I would highly recommend this book to anyone seeking a sophisticated comparative perspective on the harmonization of IP and antitrust enforcement policies.’ – Alden Abbott, US Federal Trade Commission
In modern markets innovation is at least as great a concern as price competition. The book discusses how antitrust policy and patent and copyright laws interact to create market dynamics that affect both competition and innovation.
Edited by François Lévêque, Professor of Law and Economics, École des mines de Paris, France and Howard Shelanski, Professor of Law, School of Law, University of California, Berkeley, US

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Math You Can't Use: Patents, Copyright, and Software (Hardcover) (December 2005)
by Ben Klemens
The field of software is awash in disputes. Market participants and analysts routinely disagree on how computer programs should be produced, marketed, regulated, and sold. On one subject, however, just about everyone can agree: the current intellectual property protection regime for software is a mess. At present, all of the traditional means of delimiting intellectual property--patents, copyrights, and trade secrets--are applied to software in one manner or another. Congress has even invented a new type of law for cases in which these may be insufficient, with the Digital Millennium Copyright Act.
The result is widespread confusion, along with the proliferation of nuisance suits. To date, the U.S. Patent and Trademark Office has granted more than 170,000 software patents, some on applications as commonplace as the pop-up window. Each of these patents gives the holder the right to sue others where no such right existed before, and so gaming of the system abounds. Software providers are forced to funnel millions of dollars annually into defending themselves against lawsuits rather than developing better software. The wave of litigation may end up stifling innovation and hobbling the open source movement, one of the most promising developments of recent years.
How did the situation arise? And where should we go from here? In Math You Can’t Use, Ben Klemens draws on his experience as both a programmer and an economist to tackle these critical issues. The answer to the first question, he explains, is simple: while patent laws are intended to apply to physical machines, software is something quite different. Software is not just another machine, and it is not Hamlet with numbers. It is a functional hybrid that can be duplicated at no cost, it is legible by computers in some forms and by humans in others, and it has a unique mathematical structure. All of these facts have to be taken into consideration in designing an appropriate intellectual property regime.
Designing such a system is a more difficult task. Klemens considers several alternatives, from modifying the existing rules to eliminating software patents in favor of a copyright-centered regime. Ultimately, he concludes, it is up to Congress to determine how software should be protected.
Ben Klemens is a guest scholar at the Center on Social and Economic Dynamics at the Brookings Institution, where he writes programs to perform quantitative analyses and policy-oriented simulations. He also consults for the World Bank on intellectual property in the developing world and computer-based simulations of immigration policy. He received his Ph.D. from the California Institute of Technology.

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Copyright cases and Materials 6th ed, 2005 Case Supplement and Statutory Appendix (Paperback) 6th edition (August 1, 2005)
by Robert A. Gorman, Jane C. Ginsburg
Supplement to the author's law school casebook, utilizing statutory provisions, pending bills, legislative history, court decisions, problems for class discussion, useful pictoral illustrations, and comprehensive textual notes to provide an overview of the copyright law field.

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Unfair Competition, Trademark, Copyright and Patent Selescted Statutes and International Agreements Supplement (Paperback) (July 1, 2005)
by Paul Goldstein
Statutory casebook supplement containing the major statutes affecting unfair competition, trademark, copyright and patent law. Includes Uniform Trade Secrets Act, Trademark Counterfeiting Act of 1984, Copyright Act of 1976 as amended, and international agreements. Summary of Contents Chapters 1. Miscellaneous Materials: Unfair Competition, Trademark and Trade Secret 2. Federal Law Materials: Unfair Competition and Trademark 3. Federal Law Materials: Copyright and Patent 4. International Law Materials

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Copyright And Human Rights: Freedom Of Expression, Intellectual Property, Privacy (Information Law Series) (Hardcover)
by Paul L. C. Torremans (Editor)
First Sentence:
When the Canada House conference in which this collection of essays is rooted was set up and subsequently when the topics and the essential components of a book treating the issue of copyright, and other intellectual property rights, and human rights were discussed amongst the series editor, the editor of this collection and the contributors it seemed obvious to think of the issue as one involving copyright and intellectual property rights in general on the one hand and human rights on the other hand.

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Copyright Law Is Obsolete (Hardcover) (March 2006)
by Anna Mancini
Before the advent of writing, the human body was used as the only storage device for information, and memory was much valued. Knowledge was passed from person to person through speech. It was obvious that, as the speech could not be touched and seized, knowledge could therefore not be owned in the same way as we own objects. Knowledge was clearly a matter of human relationships. With the invention of writing, all possible means were used to store information: bones, shells, clay, stone, animal skin, paper, wood, and metal. They all shared a common point: they materialized information. This led to people and lawyers coming to believe that knowledge could be an object of property, and ultimately, the concept of intellectual property. Considering the author's right as a right of property was not of great inconvenience as long as knowledge remained materialized. As digitalization has once again dematerialized knowledge, we have returned to the beginning of the story, where the relationships between people were the most important point about sharing and passing information. From this perspective, it is easy to understand why the now outdated copyright laws and business models of the printed book industry should be modernized. They should take more into account the balance of people's relationships, instead of staying focused on the defense of an impossible property. In the emerging virtual book market - made possible by the existence of digitalization, print-on-demand and the Internet - intellectual property is not the only impossible legal concept. Justice as the art of sharing scarcity is also useless. Easy to read, this book proposes guidelines to modernize copyright law and a philosophy of justice suited to the virtual economy. Without it, it will be impossible either to create an efficient copyright law or to collectively draw on all the benefits that new communication technologies can bring us.

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Moser on Music Copyright (Paperback) (February 6, 2006)
by David J. Moser
Knowledge of copyright law is essential to anyone who hopes to have a career in music. It fosters an environment where musicians and songwriters can share their creations with the public and know that their music will not be manipulated or misused without their consent and, most important, that they will be paid for their work. Without copyright law, there would be far less incentive for anyone to make music, and almost no incentive for record labels to produce, market, and sell it. Understanding copyright law is particularly relevant today, as Internet file sharing and CD burning have made music copyright law front-page news. In this book, David J. Moser provides students, educators, lawyers, and anyone in the music industry with a thorough understanding of copyright law, what it protects, the benefits of registering a copyright, and what to do when your copyright has been infringed. Controversies involving copyright and online music are also discussed in detail, with case studies of the recent blockbuster cases in this area, including the lawsuits against Napster, Grokster and more. Although written in clear and readable language, this book is an in-depth resource providing detailed explanations of copyright law's application to music and has been used as a text by institutions such as Fordham University Law School, Loyola University, New York University, Northeastern University and UCLA.
David Moser is a professor in the Mike Curb College of Entertainment and Music
Business at Belmont University where he teaches courses in Intellectual Properties,
Legal Issues in the Music Industry, Music Publishing, and Multimedia Law. Moser is
also an attorney with more than ten years of experience in intellectual property and
entertainment law. He represents clients such as record companies, music publishers, songwriters, recording artists, producers, managers, and Internet businesses. He also teaches an online copyright course at UCLA Extension School and is a recipient of a Fulbright Scholar Award to conduct research on intellectual property piracy in the Philippines.

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Copyright For Schools: A Practical Guide (Paperback) 4th edition (June 2005)
by Carol Mann Simpson
This resource, which has become the definitive guide for librarians, only gets better and better as Simpson dives into murky and ever-changing digital waters. She expands the scope of the previous edition (2001), particularly in aspects of law and technology. Following general chapters on copyright law, public domain, and fair use are chapters on specific types of materials and uses: print, audiovisual, multimedia, music, computer software, and distance learning. Each section presents typical activities that occur in a school setting, such as students adding clip-art to Powerpoint projects or a librarian bookmarking Web sites for the next day's class. The issues are discussed in terms of the rules and guidelines for use. Specific questions, such as, I have a teacher who… are answered in boxes throughout the book and hit the mark for most library-media dilemmas. Sample forms appear within chapters for off-air taping requests, permission requests, and more. An interesting chapter titled The Software Police sheds light on software piracy and measures being formed to prosecute violators, aided by provisions under the Digital Millennium Copyright Act (DMCA). Simpson's accessible style is reflected by simple language and an uncluttered format. A sample copyright policy, copyright and plagiarism guidelines for students, and a copyright infringement reporting form are among the topics that appear in the appendixes, followed by an extensive cross-referenced index. This exhaustive revision is a first purchase for school librarians.–Vicki Reutter, Cazenovia High School, NY
Copyright © Reed Business Information, a division of Reed Elsevier Inc. All rights reserved.
Revised, expanded, and updated, this classic primer for K-12 library professionals now consists of 16 chapters. Chapter 1 covers the basics of copyright law. Chapter 2 brings together information about public domain materials, while chapter 3 addresses fair use and its four main criteria. Chapters 4, 5, 6, and 7 focus on specific formats, including MP3. Chapters 8, 9, and 10 center on distance learning, the Internet, and computer software. Chapters 11 through 15 consider administrative topics such as school library exemptions, permissions, and copyright policies. Chapter 16 provides 15 appendixes ranging from a sample copyright compliance agreement to a reproducible copyright -questions-and-answers brochure. Most chapters include a works cited list. Simpson's book adds another strong voice to the professional copyright section that should already include Complete Copyright (ALA, 2005), Copyright for Teachers and Librarians (Neal-Schuman, 2004), and Copyright in Cyberspace 2 (Neal-Schuman, 2005). Esther Sinofsky
Copyright © American Library Association. All rights reserved

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Copyright and Free Speech : Comparative and International Analyses (Hardcover) (June 16, 2005) by Jonathan Griffiths, Uma Suthersanen
Written by a team of leading scholars and practitioners, this book analyzes the potential for interaction and conflict between copyright and free speech. Recent examples include the series of First Amendment challenges that have been brought against the US Digital Millennium Copyright Act and
Ashdown v. Telegraph Group in the UK. The analysis draws upon a wide variety of viewpoints and jurisdictions to provide a sustained study of the subject suitable for use by both practitioners and academics.

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The Copyright Handbook: How To Protect & Use Written Works (January 14, 2005) by Stephen Fishman
Copyright law is a complex field, and it's crucial for writers to understand what's entailed. Stephen Fishman covers what a copyright is, how it's created and protected, limitations and transfer of ownership, how long it lasts, and what copyright infringement is all about. There are chapters on copyright registration, copyright notice, and how to deal with errors or omissions. Fishman also wades into the issues of derivative works and compilations, works for hire, and jointly authored works. He also tackles the confusion of copyrights in the online world of electronic publishing; the book is worth its price for this chapter alone. The appendix contains a variety of sample forms and blank forms and a PC-formatted disk of the same material. --This text refers to an out of print or unavailable edition of this title.


Merger Doctrine

  • When the expression is considered to be inextricably merged with the idea.
  • When ideas can be expressed intelligibly only in one or a limited number of ways.

There is scope for affirmative defense to infringement.

Therefore even the expression in these circumstances is unprotected, or extremely limited to verbatim copying only.
Courts are divided on whether merger constitutes a defense to infringement or prevents copyrightability in the first place, but it is often pleaded as an affirmative defense to infringement.


Copyright Abandonment

“Failure to pursue third-party infringers has regularly been rejected as a defense to copyright infringement or as an indication of abandonment.” Capitol Records v. Naxos of America, 372 F.3d 471, 484 (2d Cir. 2004).


Copyright Law Is Obsolete Fair Use Free Use And Use by Permission Moser on Music Copyright Writer's Guide to Copyright & Law An Intellectual Property Desk Reference Patent, Trademark, And Copyright Laws 2006 Antitrust, Patents And Copyright Math You Can't Use: Patents, Copyright, and Software A Treatise On The Law Of Copyright Internet Surf and Turf Revealed Copyright Catechism: Practical Answers to Everyday School Dilemmas Copyright Law in the Digital Society Copyright cases and Materials Unfair Competition, Trademark, Copyright and Patent Copyright and Free Speech Copyright For Schools Copyright And Other Fairy Tales

How To Protect & Use Written Works

Choice of Law in Copyright and Related Rights

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Intellectual Property Stories 2005 (Paperback) (November 30, 2005)
by Jane C. Ginsburg (Editor), Rochelle Cooper Dreyfuss (Editor)
Intellectual Property Stories brings famous cases and case law to life by telling the true, never-heard-before stories behind landmark Intellectual Property cases and case law. Intellectual Property Stories is organized into six chapters, each drawing on case law in patents, copyrights, trademarks, or unfair competition, to illustrate the problems intellectual property law encounters. The works, inventions, and marks at issue in these cases and case law vary widely.

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Intellectual Property Management : A Guide for Scientists, Engineers, Financiers, and Managers (Hardcover) (March 6, 2006)
by Claas Junghans, Adam Levy, Rolf Sander (Contributor), Tobias Boeckh (Contributor), Jan Dirk Heerma (Contributor), Christoph Regierer (Contributor)
This concise introduction to European patent law and global patent perspectives combines the legal and economic perspectives to adopt a unique approach that serves both inventors -- engineers and scientists -- as well as financiers and economists.
Written by experts with first-hand knowledge this book is completely up-to-date, taking into account recent additions to European patent law, especially in the field of biotechnology and genetics. While concentrating on the EU, the world perspective is nevertheless represented, including US particularities. The result is a set of guidelines allowing readers to develop a holistic patent strategy suitable for their specific needs.
For scientists, engineers, managers and financiers in the chemical industry.
This concise introduction to patent law and strategy combines legal, scientific and economic perspectives to provide a thorough foundation in the subject. The result is a set of guiding principles that allow readers to develop a holistic patent strategy aligned with their needs, and those of both fledgling and established companies.
Written by experts with up-to-date and first-hand knowledge in the field, this book takes a global view, with particular emphasis on recent modifications to European Law and the particularities of US Law.
It is recommended as first reading for scientists, managers and financiers, as well as providing patent agents and advisors with a balanced commercial perspective.

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Pirates of the Digital Millennium : How the Intellectual Property Wars Damage Our Personal Freedoms, Our Jobs, and the World Economy (Hardcover) (September 20, 2004)
by John Gantz, Jack B. Rochester
Pirates of the Digital Millennium: Preface PREFACE It was a quintessential New England fall morning-crisp, sunny, cold-that day in November 2002. We were two old friends and colleagues, getting together for breakfast to catch up, talk about our work, our children, our lives. John, the researcher, was just finishing up a massive project at IDC on the economic impact of worldwide software piracy. Jack, the writer, smelled an important story in the making. We were both amazed at the extent of worldwide copyright violation, astounded at how fast Napster had grown, sad at its demise and the loss of one of the easiest to use software programs we'd ever seen, and amused at how quickly KaZaA had filled its shoes. Little did we know that the casual activity known as file-sharing, or downloading MP3s, would explode in the news six months later when the Recording Industry Association of America began issuing takedown orders on college students. And even though we knew our kids-boys in high school, college, and beyond-were downloaders, we didn t really understand how they felt about what they were doing, about what the music industry was doing, or about copyright infringement in general. Nor, when we met, did we understand the wildly complex facets of copyright law-for example, how it was rewritten 11 separate times during the 1900s, each time granting longer and longer terms of copyright. We had no idea that Mickey Mouse s copyright (1928 2023) would outlive his creator, Walt Disney (1901 1966), by 57 years. We had yet to grasp the full extent of worldwide media piracy and its impact on the global economy. Before we left the breakfast table, we were talking about working together on another book, 20 years after our first collaboration- a widely popular book called The Naked Computer- was published. Our agent and publisher shared our enthusiasm for this new book, and soon we were once again writing together. We have entered the digital millennium, where most, if not all, of our media have been (or soon will be) rendered into the strings of ones and zeroes a computer chip understands. The world is awash in media and entertainment devices, personal computers, Internet connections, and broadband transmission. We re surrounded by MP3 players, TiVo, Personal Video Recorders, CD burners, iPods, laptops, Playstations, and more. Technology has unsheathed a sword of Damocles that makes it possible for us to enjoy media-software, computer games, music, movies-in ways that were not possible 20 years ago. At the same time, it threatens the long-held right of artists and copyright owners to expect a fair return for their intellectual capital and the sweat of their brows. Yet as the media for gaming, music, movies, and computers become ever more interchangeable, so will the public s expectations that they ought to have the right to use them in all the new and different ways they choose. These two viewpoints are in serious conflict. When we began writing Pirates of the Digital Millennium , we held some cherished, all-American beliefs. We believed business is entitled to a profit. We were convinced that black marketeers in other countries are hurting the world s economy by stealing and replicating computer software and games, movies, and other forms of intellectual property. We assumed kids don t really understand copyright and that they re stealing from record companies and artists. But after a year of researching and writing, we didn t end up in quite the same intellectual place we started. This book was a journey of personal discovery. We hope it will be the same for you. We have been forced to scrutinize our personal philosophies and our understanding about what motivates people. We ve had to travel the timeline of copyright protection from the Middle Ages until now to see how it has evolved. We ve had to understand how business, politics, and law mix in today s information society. We ve had to ask: What freedoms have we given up in the name of copyright protection? Our discussion concerns intellectual property: its use and its value. On one hand are those who believe that anything they conjure up, anything that transforms an idea into form, is intellectual property. On the other are the individuals who believe just as passionately that the entire notion of intellectual property is at best a farce, at worst just another way to suck profits out of the ether. In between these two extremes is a spectrum of social, legal, and ethical points of view. There s a battle outside and it s ragin , sang Bob Dylan in The Times They Are A-Changin . This battle pits media conglomerates against teenagers, artists against artists, technology providers against content providers, nations against nations, Internet service providers against entertainment companies, media companies against their best customers-and even law enforcement against organized crime. The ownership of intellectual property has been passing from the minds of artists and into the bank accounts of media businesses for at least 200 years. Yet since the passage of the Digital Millennium Copyright Act of 1998, some of those in the media business have developed a lockdown mentality that many people feel threatens their right to enjoy the media they buy however they see fit, as well as the public right of fair use. The concerns discussed in this book rise way beyond simply being able to legitimately download a song from the Internet: They extend all the way to your right to not sit through commercials when you watch a recorded television show. There are those who believe the American model of capitalism, along with American intellectual property, should be promulgated throughout the world economy, with the same terms of sale and use for their products as in the United States, regardless of disparities in economic status or local customs regarding ownership and copying. And there are those who don t. We found ourselves asking a number of these questions as we traveled the road from blank page to completed manuscript: Do we have a right to use media we license or buy in any way we see fit? Do the media publishers have a right to profit for decades from their acquired intellectual property? Is downloading stealing or civil disobedience? Is enforcement curtailing piracy or making it worse? Can we expect to change the hearts and minds of the global citizenry to a capitalistic point of view? Could the software companies and media firms do something different to alleviate the problem? How bad is the problem? Whose problem is it? Why do pirates pirate? And why don t others? This is our invitation to you to take a journey into the heart of intellectual property darkness with us. WHAT S IN THIS BOOK? Here s a roadmap for the 10 chapters of the journey you re about to embark upon with us: Chapter 1, Are You a Digital Pirate ?, presents an overview of the ideas and social situations regarding the licit and illicit use of copyrighted intellectual property. We ask you to evaluate your own behavior, or that of people close to you, to determine if you, or they, are pirates of the digital millennium. Chapter 2, Is it Copyright or the Right to Copy ?, presents a history of modern copyright in what we generally regard as Western civilization, beginning with monks in the European Dark Ages and moving (somewhat regressively) through English law to American issues of fair use and the sanctity of ideas. A table of the political history of copyright concludes the chapter. Chapter 3, Us Against Them ?, explores the war over intellectual property use, providing a fair and balanced perspective of all the competing camps. It s the scorecard-the playbook-of the conflict. Chapter 4, Inside the Corporate Intellect: A Day at Microsoft , explains just what goes into software development, in terms of human intellectual capital and corporate resources. Next time you think how cheap it is to make a CD, remember this chapter and that the aluminum and plastic disc is a very small part of the cost. Chapter 5, Inside the Sausage: The Making of the Digital Millen nium Copyright Act , sets out what led to the creation and passage of this piece of legislation, which has caused one of the most pitched battles between copyists and capitalists in the history of copyright. Chapter 6, Global Fallout , explores the worldwide effects and aftereffects of digital piracy. We re not talking about kids downloading tunes here. In some cases, organized crime is a major player. We explore what it takes for a less privileged country to gain economic footing with our intellectual property. Chapter 7, Dude, Where s My MP3 ?, focuses on youth, primarily American, who regard access to the Internet as an ordained right and anything on it as fair and free game. Yes, a game: If the copyright holders find a way to protect their intellectual property, the game is to crack it. Chapter 8, Eliot Ness or Keystone Kops ?, looks at the attempts- and we do mean attempts-to stem the tide of international piracy and download thievery. While the RIAA did put the fear of God in America s downloaders for a short while, most have come to believe that detection and punishment are unlikely-and it appears they may be right. Ditto for the rest of the digital planet. Chapter 9, Angel on My Shoulder: What s in It for Me? , asks you to examine your own beliefs and ethics in making a personal determination about what s right and what s not, what the other guy does be damned. We all have to take our own ethical stand. Chapter 10, Through the Fog: The Future of Intellectual Property, sums up what we've learned in the foregoing nine chapters, and extrapolates from that some solutions to the problem. Here you can test our logic and vision, and add your own. The Afterword, following Chapter 10, describes each of our personal journeys, where we reveal our views to you. Don't peek until you ve read the book, though!

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Intellectual Property in the New Millennium : Essays in Honour of William R. Cornish (Hardcover) (October 14, 2004)
by David Vaver (Editor), Lionel Bently (Editor)
'... this festschrift is thoughtfully compiled and well written, on topics of considerable variety and importance, thus extending its shelf life beyond its immediate celebratory purpose.' World Intellectual Property Organization Magazine
Intellectual property law is a subject of increasing economic importance and the focus of a great deal of legislative activity at an international and regional level. This collection brings together contributions from some of the most distinquished scholars in this exciting and controversial field, covering the full extent of intellectual property laws, that is, patents, copyright, trade marks and related rights. the contributions examine some of the most pressing practical and theoretical concerns which intellectual property lawyers face.

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Open Source Licensing : Software Freedom and Intellectual Property Law (Paperback) (July 22, 2004)
by Lawrence Rosen
A complete guide to the law of open source for developers, managers, and lawyers
Now that open source software is blossoming around the world, it is crucial to understand how open source licenses work—and their solid legal foundations. Open Source Initiative general counsel Lawrence Rosen presents a plain-English guide to open source law for developers, managers, users, and lawyers. Rosen clearly explains the intellectual property laws that support open source licensing, carefully reviews today’s leading licenses, and helps you make the best choices for your project or organization. Coverage includes:
Explanation of why the SCO litigation and other attacks won’t derail open source
Dispelling the myths of open source licensing
Intellectual property law for nonlawyers: ownership and licensing of copyrights, patents, and trademarks
"Academic licenses": BSD, MIT, Apache, and beyond
The "reciprocal bargain" at the heart of the GPL
Alternative licenses: Mozilla, CPL, OSL and AFL
Benefits of open source, and the obligations and risks facing businesses that deploy open source software
Choosing the right license: considering business models, product architecture, IP ownership, license compatibility issues, relicensing, and more
Enforcing the terms and conditions of open source licenses
Shared source, eventual source, and other alternative models to open source
Protecting yourself against lawsuits
“I have studied Rosen’s book in detail and am impressed with its scope and content. I strongly recommend it to anybody interested in the current controversies surrounding open source licensing.”
- John Terpstra, Samba.org; cofounder, Samba-Team
“Linux and open source software have forever altered the computing landscape. The important conversations no longer revolve around the technology but rather the business and legal issues. Rosen’s book is must reading for anyone using or providing open source solutions.”
- Stuart F. Cohen, CEO, Open Source Development Labs
A complete guide to the law of open source for developers, managers, and lawyers
Now that open source software is blossoming around the world, it is crucial to understand how open source licenses work—and their solid legal foundations. Open Source Initiative general counsel Lawrence Rosen presents a plain-English guide to open source law for developers, managers, users, and lawyers. Rosen clearly explains the intellectual property laws that support open source licensing, carefully reviews today’s leading licenses, and helps you make the best choices for your project or organization. Coverage includes:
Explanation of why the SCO litigation and other attacks won’t derail open source
Dispelling the myths of open source licensing
Intellectual property law for nonlawyers: ownership and licensing of copyrights, patents, and trademarks
“Academic licenses”: BSD, MIT, Apache, and beyond
The “reciprocal bargain” at the heart of the GPL
Alternative licenses: Mozilla, CPL, OSL and AFL
Benefits of open source, and the obligations and risks facing businesses that deploy open source software
Choosing the right license: considering business models, product architecture, IP ownership, license compatibility issues, relicensing, and more
Enforcing the terms and conditions of open source licenses
Shared source, eventual source, and other alternative models to open source
Protecting yourself against lawsuits

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Fundamentals of Intellectual Property Valuation : A Primer for Identifying and Determining Value (Paperback) American Bar Association (January 25, 2006)
by Wes Anson
This primer, written by experts in the area, answers some of the most frequently asked questions about identifying the value of the primary types of intellectual property (IP) and other intangible assets. It also looks at the primary, traditional, and not-so-traditional methods of valuing these assets and includes definitions, glossary, case law studies and situations where valuation is required.

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A Primer on Intellectual Property Licensing (Paperback)
by Heather Meeker
A PRIMER ON INTELLECTUAL PROPERTY LICENSING (Second Edition) is a compact, practical guide to one of the most dynamic and popular areas of legal practice today—intellectual property licensing. Developed by an attorney (advocate) in private practice who specializes in Silicon Valley technology licensing, this guide presents the basic rules of law you need to know for a licensing practice, along with helpful examples of contractual language, practice tips, and insights on custom and practice in the industry. This textbook is appropriate for a law school or business school seminar, or for practicing attorneys who wish to expand their practice into this exciting field. Individual chapters from this text are also available for seminars and CLE presentations (in electronic format).
Heather Meeker is an attorney (advocate) in private practice at Greenberg Traurig, LLP, a leading technology law firm in Silicon Valley, and specializes in drafting and negotiating intellectual property transactions for software and other technology clients. She also serves as an adjunct professor at Hastings College of the Law, teaching a seminar in intellectual property licensing, for which this textbook was developed. Ms. Meeker has degrees from Yale College and Boalt Hall School of Law. She clerked for the United States Circuit Judge John Porfilio of the Tenth Circuit. Ms. Meeker has published numerous law review articles and practice-oriented articles in the area of law and technology, and has a special interest in open source software licensing. She serves as the co-chair of the Open Source committee of the ABA’s Science and Technology Law Section, and in 2005 was selected by the Daily Journal as one of the top 30 intellectual property lawyers in California. She also worked for many years in the entertainment and computer industries, prior to her work as an attorney (advocate).

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International Intellectual Property (University Case Law Book)
by Paul Goldstein
INTERNATIONAL INTELLECTUAL PROPERTY LAW: CASE LAW AND MATERIALS organizes contemporary foreign, as well as U.S., case law and literature to equip law students with the methodology they need to engage in international intellectual property practice, in both transactional and litigation settings. Carefully selected materials also expose students to: the important new directions introduced by the TRIPs Agreement; the traditional treaty regimes; and the social, economic and cultural considerations that underpin intellectual property laws around the world. Each field of law - copyright, patent, trademark, unfair competition, trade secrets, industrial design - is introduced by a comprehensive author's note placing the field in its international and comparative law context, and extensive notes on the case law and materials fill in relevant details, including currently, and historically, important topics.
PAUL GOLDSTEIN, Lillick Professor of Law, Stanford University

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Intellectual Property in the New Technological Age (Hardcover)
by Robert P. Merges, Peter S. Menell, Mark A. Lemley
The authors are luminaries of Boalt, UC Berkeley. The book is for students, and therefore concentrates on precedents. Reviewer: Jukka Kemppinen.
This book is an excellent text dealing with multiple aspects of American intellectual property law. As a Canadian law student I found its approach of using first principles to introduce readers to the basics of intellectual property law very useful. From the first principles of copywright, trademark and patent law the book proceeds to give an insightful exposition of the developments of each of these areas of law in response to recent developments in the sciences. While some attention is paid to biotechnology in the patent section of the book, most of the work focusses on the impact of developments in intellectual property law as a result of information technology. - Reviewer: Elyot Waller.

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Economic Approaches to Intellectual Property Policy, Litigation, and Management (September 1, 2005)
by Gregory K. Leonard; Lauren J. Stiroh (Editor)
Over the past century, the value and importance of intellectual property has grown rapidly worldwide. While it is crucial for companies to successfully manage their intangible assets, they face difficult questions in attempting to navigate the complex business and legal environment that surrounds IP rights.
Economic Approaches to Intellectual Property Policy, Litigation, and Management discusses real-world tools and strategies at the forefront of economic thinking about many of today’s most prominent intellectual property issues. Co-edited by Dr. Gregory K. Leonard and Dr. Lauren J. Stiroh, this book is an anthology of 23 articles by economists associated with NERA, whose analyses have played a crucial role in numerous landmark legal and regulatory case law. The chapters explore topics ranging from the valuation of IP damages to intellectual property rights protection in China and the antitrust implications of standard setting and patent pools.
The book addresses such key questions as:
How should the owner of IP rights be compensated when those rights are violated?
What role should antitrust and competition policy play in intellectual property matters?
How can companies more accurately assess their R&D investments and strategies?
Should emerging economic powers implement and enforce more stringent intellectual property rights?
Economic Approaches to Intellectual Property Policy, Litigation, and Management should prove to be of interest to economists, lawyers, policy makers, executives managing IP portfolios, and law and business schools
Editor Dr. Gregory K. Leonard specializes in applied microeconomics and econometrics. He has provided expert analysis, as well as written and oral testimony, in the areas of intellectual property, antitrust, damages estimation, statistics and econometrics, and labor market discrimination. Dr. Leonard was one of the developers of the merger simulation technique that is now widely used to analyze the competitive effects of mergers. He has published in the RAND Journal of Economics, the Journal of Industrial Economics, the Journal of Public Economics, the Journal of Labor Economics, Antitrust Law Journal, and the George Mason Law Review.
Editor Dr. Lauren J. Stiroh specializes in the economics of intellectual property, commercial damages, and antitrust. Much of her work and research has focused on the intersection of intellectual property and antitrust litigation. She has conducted studies of patent value and assessed damages from patent infringement in a number of sectors. In high technology industries, in particular, she has analyzed the impact of standard setting on patent value and issues related to market power. In addition, she has conducted research and prepared expert reports on a variety of issues arising from antitrust allegations, has created and critiqued damages models in a variety of contexts, and is experienced in survey design and the econometric analysis of consumer survey data. Dr. Stiroh has presented her research before the Federal Trade Commission (FTC), the United States Department of Justice (DOJ), the Canadian Competition Bureau, and in expert testimony. She has also written articles and given speeches for the American Bar Association, Law Seminars International, the Practising Law Institute, and the 2002 FTC and DOJ joint hearings on "Competition and Intellectual Property Law and Policy in the Knowledge-Based Economy."

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Virtual Monopoly: Building an Intellectual Property Strategy for Creative Advantage - From Patents to Trademarks, From Copyrights to Design Rights (Hardcover)
by Christopher Pike
Reviewer - Jerome Spaargaren (London, UK):
Christopher Pike is not your run-of-the mill intellectual property adviser. Although qualified as a patent and trade mark attorney (advocate), his experience in dealing with business management issues comes through very directly when reading this book.
It is not always appreciated that there is a whole host of available strategies for businesses which are, knowingly and in some cases not, involved in generating intellectual property. Intellectual property generators often need commercially minded guidance appropriate to their markets and their approach to business as to how their intellectual property can be used to create value. Pike has identified and crystallised models and concepts in a way which makes the grander themes of intellectual property, often held as an impenetrable area for those outside its day-to-day practice, readily understandable. He sets out a useful vocabulary of concepts and terms, describing intellectual property as a currency used in buy-sell relations and for measuring creative advantage.
I suspect that Pike may be at the forefront of a new area of consulting which is much-needed but so-far overlooked. The book he has written will surely be a useful tool to a broad range of readers, particularly those looking for insight into modern approaches to intellectual property strategy. Whilst other books on IP may be found hidden in the law section of a bookshop, this will almost certainly be found in amongst the bestselling management books.

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Intellectual Property for Paralegals : The Law of Trademarks, Copyrights, Patents, and Trade Secrets (West Legal Studies Series) (Paperback) 2 edition (July 6, 2004)
by Deborah E. Bouchoux
Trademarks, copyrights, patents and unfair competition are the four major areas of intellectual property law that are presented in full in this second edition. The methods by which each is created, procedures to register or protect each, the duration of rights, infringement, and new and international developments are addressed for each of the four fields, giving the readers the scope they need to apply this information in the practical setting. The specific tasks of paralegals involved in this area of law are presented in helpful checklists. Plus, a host of sample forms and agreements, statutes, charts, citations, case studies and much more make the material easy to digest and use in the practical setting. On-line Companion for this text includes Appendices A-E, chapter summaries, trivia, and Internet resources.

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Indigenous Intellectual Property Rights: Legal Obstacles and Innovative Solutions : Legal Obstacles and Innovative Solutions (Contemporary Native American Communities) (Paperback) (September 2004)
by Mary Riley
The expert contributors from around the globe provide unique case studies to guide indigenous communities and their partners in protecting their intellectual property. Addressing the poor fit between western regimes of intellectual property rights and the requirements for safeguarding indigenous cultural resources, the authors describe positive efforts at protecting indigenous knowledge. It is an important resource for advocates for indigenous and human rights and legal scholars.

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Private Power, Public Law : The Globalization of Intellectual Property Rights (Cambridge Studies in International Relations)
by Susan K. Sell, Steve Smith (Series Editor), Thomas Biersteker (Series Editor), Chris Brown (Series Editor), Phil Cerny
(Series Editor), Joseph Grieco (Series Editor), A. J. R. Groom (Series Editor), Richard Higgott (Series Editor), G. John
Ikenberry (Series Editor), Caroline Kennedy-Pipe (Series Editor), Steve Lamy (Series Editor)
Review
'... a very good book ... lucidly and engagingly written as well as being excellently researched.' The King's College Law Journal
Susan Sell's book reveals how power in international politics is increasingly exercised by private interests rather than
governments. In 1994 the World Trade Organization (WTO) adopted the Agreement in Trade-Related Aspects of Intellectual Property Rights (TRIPS), which dictated to states how they should regulate the protection of intellectual property. This book argues that TRIPS resulted from lobbying by powerful multinational corporations who wished to mould international law to protect their markets.

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Copyright And Human Rights: Freedom Of Expression, Intellectual Property, Privacy (Information Law Series) (Hardcover)
by Paul L. C. Torremans (Editor)
First Sentence:
When the Canada House conference in which this collection of essays is rooted was set up and subsequently when the topics and the essential components of a book treating the issue of copyright, and other intellectual property rights, and human rights were discussed amongst the series editor, the editor of this collection and the contributors it seemed obvious to think of the issue as one involving copyright and intellectual property rights in general on the one hand and human rights on the other hand.

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Essentials of Intellectual Property (Essentials Series) (Paperback)
by Alexander I. Poltorak, Paul J. Lerner
This book is the liveliest, best-written and most thorough introduction to the fundamentals of this subject. Yet it goes beyond the framework of basic IP protection to discuss emerging concepts as well as inside information immediately useful in the real world. In short, it forms the next rung in the advancement of IP management up the ladder from an art to a science.
( Samson Vermont, founder of the periodical Patent Strategy & Management; Patent Attorney)
Poltorak and Lerner deliver a remarkable new book, just in time, for the layperson who wants to study the modern intellectual property landscape. In a style that prompts, guides, and mentors the reader, the book should prove invaluable to those who need to acquire enough of an understanding of the material to keep out of trouble. Easy to read and free of jargon and difficult legal language, the book is one I will recommend to those who want a straightforward introduction to an increasingly important legal specialty.
( Alexis N. Sommers, Ph.D., Professor of Industrial Engineering University of New Haven Director, Education and Training Connecticut Association of Purchasing Managers)
As intellectual property becomes a more important aspect of the world's economy, this book is a must-read. Dr. Poltorak's and Mr. Lerners experience, knowledge and wit help both new and experienced licensing practitioners understand and appreciate the simple and complex issues in the field of intellectual property licensing.
( Arthur M. Nutter, President, TAEUS)
Essentials of Intellectual Property should be required reading for any manager interested in developing an IP strategy. Alex Poltorak and Paul Lerner have distilled their years of experience into an easy to understand text that may prove to be a “go to” book for many busy executives.
( Paul E. Paray, Managing Member, Licenz Group, LLC and former CEO AnIdea Corporation.)
This critically important new volume of work not only provides the professional with a greater knowledge of this vast subject, but also the novice with a better understanding and appreciation for the results of their creative abilities.
( Lawrence J. Udell, Executive Director California Invention Center Professor of New Ventures and Entrepreneurship)
The recent interest in Intellectual Property as a company asset comes as no surprise to inventors. For years we have known that every invention, whether physical or intellectual, starts with a unique idea. This book represents the insight and experience of the two critical elements of modern IP issues - the process of securing an IP patent and the structure for protecting it. In the global information technospace of today's business, nothing is more important than understanding and controlling access to proprietary ideas. Knowing just what steps to take will help us all, inventors and users. As a holder of patents, I feel relieved to know that there is now a map for navigating the labyrinth in this area.
( Arthur “Skip” Moen, Ph.D.)
Essentials of Intellectual Property is an essential read for anyone managing an enterprise that invests resources in innovation. This book provides, with the clarity of plain English, valuable guidance for both protecting the intellectual property created by a firms creative efforts, and deriving revenue and value from them as well. After being read, it should be kept close as a handy desk reference.
( Norman Zafman, Founding partner of Blakely, Sokoloff, Taylor & Zafman)

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Developing an IP Strategy for Your Company: Leading Lawyers on Intellectual Property Portfolio Capitalization (Inside the Minds) (Paperback) (May 15, 2005)
by Aspatore Books
Developing an IP Strategy for Your Company: Leading Lawyers on Intellectual Property Portfolio Capitalization is an authoritative, insider's perspective on the issues surrounding intellectual property law including patent and trademark protection, maintaining IP portfolios, and the future of intellectual property law, on a global scale. Featuring Department Heads, Group Chairs, and Leading Partners, all representing some of the nation's top firms, this book provides a broad, yet comprehensive overview of the practice of intellectual property law, discussing the current shape and future state of patent and trademark protection from the founding doctrines, to the pivotal case law of today. From the steps involved in policing intellectual property portfolios, to crucial tactics around avoiding common IP legal risks, these authors articulate the finer points around intellectual property now, and what will hold true into the future. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today as experts offer up their thoughts around the keys to success within this fascinating practice area.
About Inside the Minds:
Inside the Minds provides readers with proven business intelligence from C-Level executives (Chairman, CEO, CFO, CMO, Partner) from the world's most respected companies nationwide, rather than third-party accounts from unknown authors and analysts. Each chapter is comparable to an essay/thought leadership piece and is a future-oriented look at where an industry, profession or topic is headed and the most important issues for the future. Through an exhaustive selection process, each author was hand-picked by the Inside the Minds editorial board to author a chapter for this book.

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The Economic Structure of Intellectual Property Law
by William M. Landes, Richard A. Posner
Lawrence Lessig, Stanford Law School, author of The Future of Ideas: The Fate of the Commons in a Connected World : Intellectual property is the most important public policy issue that most policymakers don't yet get. It is America's most important export, and affects an increasingly wide range of social and economic life. In this extraordinary work, two of America's leading scholars in the law and economics movement test the pretensions of intellectual property law against the rationality of economics. Their conclusions will surprise advocates from both sides of this increasingly contentious debate. Their analysis will help move the debate beyond the simplistic ideas that now tend to dominate.
Pierre N. Leval, Judge, U.S. Court of Appeals, Second Circuit : An image from modern mythology depicts the day that Einstein, pondering a blackboard covered with sophisticated calculations, came to the life-defining discovery: Time = $$. Landes and Posner, in the role of that mythological Einstein, reveal at every turn how perceptions of economic efficiency pervade legal doctrine. This is a fascinating and resourceful book. Every page reveals fresh, provocative, and surprising insights into the forces that shape law.
William Patry, former copyright counsel to the U.S. House of Representatives, Judiciary Committee : The most important book ever written on intellectual property.
Steven Shavell, Harvard Law School, author of Foundations of Economic Analysis of Law : Given the immense and growing importance of intellectual property to modern economies, this book should be welcomed, even devoured, by readers who want to understand how the legal system affects the development, protection, use, and profitability of this peculiar form of property. The book is the first to view the whole landscape of the law of intellectual property from a functionalist (economic) perspective. Its examination of the principles and doctrines of patent law, copyright law, trade secret law, and trademark law is unique in scope, highly accessible, and altogether greatly rewarding.
This book takes a fresh look at the most dynamic area of American law today, comprising the fields of copyright, patent, trademark, trade secrecy, publicity rights, and misappropriation. Topics range from copyright in private letters to defensive patenting of business methods, from moral rights in the visual arts to the banking of trademarks, from the impact of the court of patent appeals to the management of Mickey Mouse. The history and political science of intellectual property law, the challenge of digitization, the many statutes and judge-made doctrines, and the interplay with antitrust principles are all examined. The treatment is both positive (oriented toward understanding the law as it is) and normative (oriented to the reform of the law).
Previous analyses have tended to overlook the paradox that expanding intellectual property rights can effectively reduce the amount of new intellectual property by raising the creators' input costs. Those analyses have also failed to integrate the fields of intellectual property law. They have failed as well to integrate intellectual property law with the law of physical property, overlooking the many economic and legal-doctrinal parallels.
This book demonstrates the fundamental economic rationality of intellectual property law, but is sympathetic to critics who believe that in recent decades Congress and the courts have gone too far in the creation and protection of intellectual property rights.

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Essentials of Licensing Intellectual Property (Essentials (John Wiley)) (Paperback