57 research outputs found
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Introduction
No full textThe World Intellectual Property Organization General Assembly adopted the Development Agenda in September 2007, after three years of acrimonious debate. The Agenda radically transforms WIPO's mandate and reverberates throughout the international intellectual property regime, including in ongoing battles within the World Trade Organization over the future direction of "TRIPS", the Agreement on Trade-Related Aspects of Intellectual Property. Yet despite its powerful symbolic message, the full extent of the Development Agenda's actual impact on the ground, both within WIPO and without, remains to be seen. This chapter places the WIPO Development Agenda in the context of evolving development policy generally, discusses the Agenda's principal provisions, and summarizes the multifarious contributions to the book
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Introduction, Copyright's Paradox
No full textThe United States Supreme Court famously labeled copyright “the engine of free expression” because it provides a vital economic incentive for much of the literature, commentary, music, art, and film that makes up our public discourse. Yet today’s greatly expanded copyright law often does the opposite—it can be used to quash news reporting, political commentary, church dissent, historical scholarship, cultural critique, and artistic expression.In Copyright’s Paradox, Neil Weinstock Netanel explores the tensions between copyright law and free speech concerns, revealing how copyright law can impose unacceptable burdens on speech. Netanel provides concrete illustrations of how copyright often prevents speakers from effectively conveying their message, tracing this conflict across both traditional and digital media and considering current controversies such as the YouTube and MySpace copyright infringement cases, Hip-hop music and digital sampling, and the Google Book Search litigation. The author juxtaposes the dramatic expansion of copyright holders’ proprietary control against the individual’s newly found ability to digitally cut, paste, edit, remix, and distribute sound recordings, movies, TV programs, graphics, and texts the world over. He tests whether, in light of these developments and others, copyright still serves as a vital engine of free expression and he assesses how copyright does--and does not--burden speech. Taking First Amendment values as his lodestar, Netanel argues that copyright should be limited to how it can best promote robust debate and expressive diversity, and he presents a blueprint for how that can be accomplished.Copyright and free speech will always stand in some tension. But, as Netanel demonstrates, there are ways in which copyright can continue to serve as an engine of free expression while leaving ample room for speakers to build on copyrighted works to convey their message, express their personal commitments, and fashion new art
The IP Law Book Review, Vol. 7#1, October 2016
No full textFROM MAIMONIDES TO MICROSOFT: THE JEWISH LAW OF COPYRIGHT SINCE THE BIRTH OF PRINT, by Neil Weinstock Netanel. Reviewed by Roberta Rosenthal Kwall, Raymond P. Niro Professor, DePaul University College of Law.
THE PARIS CONVENTION FOR THE PROTECTION OF INDUSTRIAL PROPERTY: A COMMENTARY, by Sam Ricketson. Reviewed by Jose Bellido, University of Kent
Excuse and justification in the law of fair use: commodification and market perspectives
No full textThis full article was revised for publication in the 50th Anniversary Issue of the Journal of the Copyright Society
Expert Opinion and Reform in Anglo-American, Continental, and Israeli Adjudication
No full textThe factual framework of modem litigation has become increasingly technical and complex; this development poses new challenges for traditional fact-finders. More and more, expert witnesses are being used to assist judges and juries in the factfinding process. This Article examines the role of the expert witness in the common-law and civil-law judicial systems, emphasizing the manner in which the divergent systems have responded to the need for reform in this area. The author then examines the role of the expert in the hybrid Israeli judicial system, which is rooted in both the civil-law and common-law traditions. Finally, the author demonstrates the relationship between prevailing attitudes toward the nature of adjudication and the response to pressure for the reform of the adjudicative process
Expert Opinion and Reform in Anglo-American, Continental, and Israeli Adjudication
No full textThe factual framework of modem litigation has become increasingly technical and complex; this development poses new challenges for traditional fact-finders. More and more, expert witnesses are being used to assist judges and juries in the factfinding process. This Article examines the role of the expert witness in the common-law and civil-law judicial systems, emphasizing the manner in which the divergent systems have responded to the need for reform in this area. The author then examines the role of the expert in the hybrid Israeli judicial system, which is rooted in both the civil-law and common-law traditions. Finally, the author demonstrates the relationship between prevailing attitudes toward the nature of adjudication and the response to pressure for the reform of the adjudicative process
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