Copyright and Piracy of Multimedia Products

2007

Graeme B. Dinwoodie, 2001

The means by which international norms are developed and incorporated in the formation of copyright law have changed dramatically in recent years. In this article, Professor Dinwoodie explores the nature of those changes. The classical model of international copyright law ...

1998

European Union officials have aggressively promoted the view of cultural expression as a commodity of trade in other contexts as well.8 At the behest of their constituent producers and purveyors of sound recordings, films, television programs, and software, they have insisted that countries be required to minimize limitations on copyright holder rights, 9 arguably riding roughshod over venerable copyright values and the public interest in the process. This Article presents an alternative framework for copyright globalization. It builds upon the argument, recently advanced by myself and others, that copyright law serves fundamentally to underwrite a democratic culture: By according creators of original expression a set of exclusive rights to market their literary and artistic works, copyright fosters the dissemination of knowledge, supports a pluralist, nonstate communications media, and highlights the value of individual contributions to public discourse.' 0 In this view, copyright's constitutive, democratic purpose is both a primary rationale for according authors proprietary rights in original expression and the proper standard for delimiting those rights. Copyright holder rights should be sufficiently robust to support copyright's democracy-enhancing functions, but not so broad and unbending as to chill expressive diversity and hinder the exchange of information and ideas. view that "inadequate protection of intellectual property rights constitutes an impediment to international trade). 8. See Samuelson, supra note 3, at 373 (noting that at the December 1996 WIPO Diplomatic Conference, "U.S. negotiators worked with their European counterparts in pursuit of high-protectionist norms that these delegations believed would enable their industries to flourish in the growing global market for information products and services"). European Union officials have advanced a similar trade-oriented view in copyright harmonization directives designed to further market integration within the European Union. See generally Herman Cohen Jehoram, The EC Copyright Directives, Economics, and Authors' Rights, 25 11C 821 (1994). However, the European Union has resisted the trade view of cultural expression in the area of state support for indigenous cultural production. See infra notes 393-400 and accompanying text. 9.

Studies of Applied Economics, 2021

The purpose of this article is to identify changes in the nature of the challenges and analyze key trends in international law regulation of copyright and related rights protection in the digital environment. It is established that the digital environment forms the newest type of legal relations, which requires modification of copyright legislation. International experience on the latest trends in copyright and related rights protection in the digital environment has discussed. It has established that the key trend of modification international legal regulation of copyright and related rights in the digital environment there are stricter measures to restrict online sales of pirated books, audiovisual products and electronic publications. Particular attention has paid to combating copyright infringement on social networking platforms, as well as in the field of online education, training, e-commerce. It has proved that to improve the mechanism of combating crime in the field of intel...

Bepress Legal Series, 2006

University of Pennsylvania Law Review, 2000

The need to develop international solutions, and hence to incorporate global values and policies in the lawmaking process, is scarcely unique to copyright law. But the effect of digital technology upon the creation, delivery, and use of copyrighted works has made such internationalization appear more urgent in copyright than in other areas of law. Indeed, it 1 See, e.g., BRUCE A. LEHMAN, INTELLECTUAL PROPERTY AND THE NATIONAL INFORMATION INFRASTRUCTURE: THE REPORT OF THE WORKING GROUP ON INTELLECTUAL PROPERTY RIGHTS 10, 117-19, 139 (1995) [hereinafter WHITE PAPER] (emphasizing that the development of intellectual property rules in the digital environment requires attention to protection internationally); Proposal for a European Parliament and Council Directive on the Harmonization of Certain Aspects of Copyright and Related Rights in the Information Society, COM(97)628 final at 14 (noting that the implementation of recent treaty obligations was the "principal foundation" of the Commission's proposals for adaptation of copyright law to the digital age, and recognizing that the proposed reforms could not afford to focus solely on domestic internal market objectives); Dan L. Burk, Transborder Intellectual Property Issues on the Electronic Frontier, 6 STAN. L. & POL'Y REV. 9, 15 (1994) (discussing the alternative means by which to address the transborder nature of information flow); Gillian Davies,

Colum. JL & Arts, 2011

Comparative Research in Law Political Economy, 2011

2017

This book review compares two recent titles on copyright law: THE COPYRIGHT WARS: THREE CENTURIES OF TRANS-ATLANTIC BATTLE by Peter Baldwin, and COPYFIGHT: THE GLOBAL POLITICS OF DIGITAL COPYRIGHT REFORM by Blayne Haggart. Both books are meticulously researched and carefully written, and each makes an excellent addition to the literature on copyright. Contrasting both titles in this joint review, however, helps to reveal a few respects in which each work is incomplete; indeed, each book occasionally reads as a critique of the other. Baldwin’s book places contemporary debates in a much deeper historical context, but in so doing overlooks some of the unique challenges contemporary technology poses to the law as well as the historically unprecedented obstacles that contemporary law raises to some forms of socially valuable innovation. Haggart’s book, in contrast, maintains a narrower focus on the contemporary era, yielding a superior accounting of the institutional and social interests...

This Article suggests a path to develop a principled conceptualization for copyright of limitations and exceptions at the international level. The paper argues that, normatively, copyright has always sought to reflect a balance between protection and access. It demonstrates that this balance was present to the minds of the negotiators of the 1886 Berne Convention for the Protection of Literary and Artistic Works and may have been somewhat overlooked in revisions of the Convention. It was ultimately replaced by a three-step test designed to restrict the ability of individual legislators to create limitations and exceptions. The article also considers the conflicts between copyright and rights such as the right to privacy, human rights principles of free expression and cultural diversity, the right to information, the right to education, and the nascent right to development, all of which imply striking a balance in intellectual property protection. The article begins with a historical look at the public interest foundations of the Berne Convention and its revisions until 1971. The article then proceeds to a conceptualization of limitations and exceptions in order to show the policy linkages of each type of exception and proposes a set of principles for limitations and exceptions. The article also examines the meaning and impact of the three-step test because it would be pointless, not theoretically, but from a policy perspective, to ignore the application of the test in suggesting international principles for limitations and exceptions.

Traditional regulation of copyright has recently been criticized from two opposing angles: While copyright holders and industries bemoan insufficient protection of copyrighted material in the digital era of lossless copying and file-sharing, a diverse coalition of dissident copyright lawyers, artists and activists claims that the prevalent copyright regime hinders new forms of content creation and distribution. In this paper, we compare the resource mobilization of industry-led Digital Rights Management (DRM) initiatives and the Creative Commons copyright licenses project. While the former was, despite the resourcefulness of the actors, fraught with collective action problems, the latter was, despite an originally weak resource position, able to mobilize support from a broad range of civil society groups and users. We conclude that there is something inherently political in the governance of new digital markets which provides opportunities for civil society actors to counterbalance the influence of large companies.

INTERNATIONAL JOURNAL OF LEGAL DEVELOPMENTS AND ALLIED ISSUES , 2018

Intellectual property has become an increasingly valuable, but complex commodity, especially with regard to international transactions. The Internet itself has become one of the most powerful information expressways in the world due to the modern age of continuous information sharing and the never-ending hype of social media. People across the world are publishing stories, poetry, songs, mixing music, uploading photographs and exhibiting their art over the Internet. There are even virtual exhibits being offered by some of the most renowned museums around the globe. 1 Users of the Internet have universal access to all such publications from across the world. Through the Internet, one can subscribe to a French magazine, listen to a Dutch broadcast or even purchase a Norwegian Video from an Indian store. The question that often arises and which is significantly difficult to answer is that which law should govern such international transactions in the area of copyright

Annual Survey of International Comparative Law, 2010

SCRIPTed, 2014

This book is not about the law, at least in the same way Trevor Hartley writes on European Union law or Donald Chisum on patents. It is also not about policy, advocating for how the law should be, although the author expresses his own opinions in this regard. Indeed, from a lawyer's perspective, it can be criticised for its failure to discuss in depth the legal and philosophical aspects that are important to the arguments being made (e.g. the section on "what copyright is for", is over simplistic and ignores the huge debate that revolves around copyright justifications). However, that is not the purpose of the book. Its aim is chiefly political and sociological (although a rigid separation can never be seriously undertaken). Master of Laws, LLM IP (MIPLC), Guest Lecturer at UCP (Porto) and ISCAP, trainee-lawyer.

When an average consumer of media believes that they have a right to information, but that paying for such access is correct, then media industry is sustainable, however, rapid technological advancement in formats for media content can shift the equilibrium in balancing these competing cultural values. If the industry cannot compel the consumer in believing that a new technological format has significantly altered the economic value of the media text, then the consumer may resist - or reject - paying multiple times for access to the same creative content. I would suggest, and intend to show, that “technological amnesia” facilitates a “schizophrenic decoding” of meaning for media access, such that average consumers readily participate in a pirate market and that this form of decoding meaning has its roots in the history of legal development for copyright law. *Everything uploaded to my Academia.edu in 2017 is considered a draft. I was required to do regular graduate course work for the first year of my doctoral studies and took the opportunity to play out some personal theories. It's all a prolegomenon for a bigger project down the road and these ideas will require a more rigourous distillation to be of real value to the scholarly community.