Substantial Similarity In Copyright Law

Author: Robert C. Osterberg
Publisher: Practising Law Inst
ISBN: 9781402403415
Size: 77.88 MB
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Substantial Similarity in Copyright Law lucidly examines the principal substantial similarity tests used by the various circuit courts to assess whether the copying of specific subject matter is sufficient to support a conclusion of copyright infringement.

Trademark Law

Author:
Publisher: Minute Help Press
ISBN:
Size: 79.49 MB
Format: PDF, Kindle
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Trademarks are a way of protecting your intellectual property. Intellectual property, or IP, is an intangible form of property (as opposed to real property or personal property). It is a creation of the mind, such as a symbol, name, design, image, or business method. In today's increasingly virtual world, intellectual property law is continuously evolving in order to provide protections for digital works. With a special focus on the digital age, this short book is essential for anyone curious about how to protect their work in an online world.

Reconciling Copyright With Cumulative Creativity

Author: Giancarlo Frosio
Publisher: Edward Elgar Publishing
ISBN: 1788114183
Size: 25.63 MB
Format: PDF
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Reconciling Copyright with Cumulative Creativity: The Third Paradigm examines the long history of creativity, from cave art to digital remix, in order to demonstrate a consistent disparity between the traditional cumulative mechanics of creativity and modern copyright policies. Giancarlo Frosio calls for the return of creativity to an inclusive process, so that the first (pre-modern imitative and collaborative model) and second (post-Romantic copyright model) creative paradigms can be reconciled into an emerging third paradigm which would be seen as a networked peer and user-based collaborative model.

Patent Law And Theory

Author: Toshiko Takenaka
Publisher: Edward Elgar Publishing
ISBN: 1848446179
Size: 23.79 MB
Format: PDF, Mobi
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The editor of Patent Law and Theory must be congratulated for assembling a concentration of sheer patent law erudition and scholarship. The title is a noteworthy compilation of 26 well-written, remarkably accessible and thought-provoking essays that goes to great lengths in charting the contours of contemporary thought over the the world s oldest regularly established property right . . . it manages to accomplish an ambitious endeavour of providing a comprehensive view of prevailing issues in the field of patent law and other related fields. . . the interested patent law reader will have much to gain from the fecund material found in the large majority of the title s essays. The world s corpus of patent law research is richer with the publication of this title. John A. Tessensohn, European Intellectual Property Review This major Handbook provides a comprehensive research source for patent protection in three major jurisdictions: the United States, Europe and Japan. Leading patent scholars and practitioners join together to give an innovative comparative analysis both of fundamental issues such as patentability, examination procedure and the scope of patent protection, and current issues such as patent protection for industry standards, computer software and business methods. Keeping in mind the important goal of world harmonization, the contributing authors challenge current systems and propose necessary changes for promoting innovation. Providing useful tips for practitioners to protect their intellectual assets in technologies effectively in the global market, this Handbook will be of great interest to legal scholars and students, as well as lawyers and patent attorneys.

Reporting Intellectual Property Crime

Author: U.s. Department of Justice
Publisher: Createspace Independent Publishing Platform
ISBN: 9781533691149
Size: 47.76 MB
Format: PDF, Mobi
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Although individuals or companies can pursue civil remedies to address violations of their intellectual property rights, criminal sanctions are often warranted to ensure sufficient punishment and deterrence of wrongful activity. Congress has continually expanded and strengthened criminal laws for violations of intellectual property rights to protect innovation, to keep pace with evolving technology and, significantly, to ensure that egregious or persistent intellectual property violations do not merely become a standard cost of doing business for defendants.

The Introverted Lawyer

Author: Heidi K. Brown
Publisher: Ankerwycke
ISBN: 9781634257725
Size: 59.97 MB
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A stereotype bias exists in law school and legal practice favoring the garrulous extrovert. While loquacious law students, professors, lawyers, and judges thrive in a world dominated by the Socratic Method and rapid-fire oral discourse, quiet thinkers and writers can become sidelined. Introverted, shy, or socially anxious law students and lawyers often question their place in the legal arena, though research reveals they offer much-needed gifts to the profession, including active listening, empathy, contemplative analysis, and impactful writing. As legal education and law practice adjust to economic shifts and changing client mindsets, this is a prime opportunity for the legal community to make room for subtler voices. The Introverted Lawyer invites that dialogue into the legal profession. This book explains the differences among introversion, shyness, and social anxiety and how each manifests in the legal context; describes how the extrovert bias in law school and practice detrimentally can impact quiet individuals, fueling enhanced anxiety in a vocation already fraught with mental health issues; explores how quiet law students and lawyers offer greatly needed proficiencies to the legal profession; and finally, presents a seven-step process to help introverted, shy, and socially anxious individuals amplify their authentic lawyer voices, capitalize on their natural strengths, and diminish unwarranted stress. The Introverted Lawyer provides practical, tangible steps for individual growth, as well as a sound platform to enable caring professors, law office mentors, and bar association representatives to educate themselves, their students, and developing lawyers about this important and often overlooked issue.

Cloud Computing And Electronic Discovery

Author: James P. Martin
Publisher: John Wiley & Sons
ISBN: 1118764307
Size: 66.22 MB
Format: PDF, Mobi
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Cloud Computing and Electronic Discovery offers an accessible resource that explores cloud computing technology’s impact on electronic discovery approaches in litigation and criminal investigations. The key issue from a legal perspective is that an investigator or litigant cannot simply access the data that is held by a third party in the cloud. Written by James P. Martin and Harry Cendrowski—experts in this emerging field—the book delves into this fascinating and rapidly-developing area of law to better prepare fraud investigators, legal professionals, forensic accountants, and executives with an understanding of the ramifications of storing data with third-party providers and how such storage mechanisms relate to the limits of discovery practices. In non-technical language, the authors reveal how data is stored and (at a high level) the technical aspects of hosted solutions that can affect production of data. As the authors explain, discovery of data within a cloud computing solution falls under the restrictions of the Electronic Communications Privacy Act of 1986. Today, judges use this law to rule on cases involving data created and stored by devices that would have been considered as science fiction in the almost thirty years since the law was first written. The book also explores in detail the Stored Communications Act (which falls within the Electronic Communications Privacy Act) as well as the prior laws that protected technological communications of a bygone era. Throughout the book, Martin and Cendrowski offer insights into legal concepts that shape current cases and the common themes of privacy issues. They also describe the limitations of the current laws in interpreting modern systems and devices. In addition, the book surveys many of the precedent-setting cases that involved interpretation of hosted data and access of that data by litigants or the government. Based on current trends and recent court cases, the book includes practical guidance on how to consider the availability of cloud data relevant to an investigation and how to include this data in discovery plans. The companion website includes the most recent updates to the laws covering cloud computing and electronic discovery. For business, accounting, and legal professionals, Cloud Computing and Electronic Discovery is an invaluable resource for understanding the evolution of cloud eDiscovery policies, practices, and law as they continue to unfold and develop.

Property Rights In Personal Data

Author: Nadezhda Purtova
Publisher:
ISBN: 9789041138026
Size: 23.82 MB
Format: PDF, Kindle
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Personal data, at least in the European legal lexicon, is not a conventional object of property rights. Yet, regardless of the actual legal circumstances, lively markets in personal data have become a reality. The so-called information industry routinely collects and deals in databases containing personal details of people as both citizens and consumers, and appears to regard this data as its property. Moreover, individuals also treat data pertaining to them as their own, and habitually disclose personal data in exchange for money, goods, services, and online social interaction. This important new book defends the ground-breaking proposal to propertise personal data. Propertisation arguably improves the position of a data subject to exercise control over his/her personal data by creating more effective tools of accountability and monitoring. It can also be used, the author shows, to enforce existing data protection rights as expressed in the EC Data Protection Directive (1995), Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms (1945) and Convention No. 108 (1981). This book inquires to what extent the propertisation of personal data is legally possible in Europe, and examines what benefits and limitations would ensue. It provides: a systematic understanding of the developments and concerns with regard to personal data; a detailed examination of the main arguments for and against the concept of property in personal data; and a European perspective on property rights in personal data. The result is a book full of original insights that breaks new ground in addressing the problems of personal data in the European law of data protection and informational privacy."