By Michael A. Einhorn
Media, know-how and Copyright is an interdisciplinary paintings that applies fiscal concept to significant topical concerns within the legislations of highbrow estate. according to the author’s specialist event as a professor, lecturer, and advisor, the amount represents the 1st full-length attention of the varied themes of legislations and copyright by means of a qualified economist. commencing chapters of the publication contain matters within the analog area, together with the economics of infringement, reasonable use, estate damages, legal responsibility ideas, obligatory licensing, and exposure rights. Chapters on electronic rights comprise subject matters concerning software program, databases, and cyber-law, together with electronic rights administration, file-sharing, tune licensing, deep linking, framing, and contributory infringement. the writer additionally brings monetary insights to festival legislations for highbrow estate, together with antitrust, copyright misuse, and functions within the ecu Union. Written in non-technical language for an interdisciplinary viewers of legal professionals, economists, scholars, artists, and pros within the content material undefined, the booklet presents a entire examine for an individual drawn to the problems surrounding highbrow estate rights.
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Media, expertise and Copyright is an interdisciplinary paintings that applies monetary thought to valuable topical matters within the legislations of highbrow estate. according to the author’s expert event as a professor, lecturer, and advisor, the quantity represents the 1st full-length attention of the varied subject matters of legislations and copyright via a qualified economist.
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246 F. 3d 152 (2nd Cir. 2001). 152. C. sec 504(a) (2000)). C. 504(c)(2)(2000)). A plaintiff must make a choice between actual or statutory compensation only before the final verdict is rendered. This may encourage the defendant to settle, but may actually serve as a disincentive to the plaintiff, as it leaves the possibility of more money on the table. The presence of statutory royalties provides incentives for rights owners to gamble for higher compensation unrelated to the actual market value of the misappropriation.
As evidenced by the ‘Rocky’, ‘Godfather’, and ‘Harry Potter’ sequences, sequels may also be particularly difficult to gauge for transformativeness; sequels may then appropriately remain as derivative works. 164 We may allow new arbitration procedures to be implemented through statutory terms in Section 107. Any user of a copyrighted work may request arbitration from a designated magistrate to determine a reasonable royalty for a particular use of a previously published work: 1. The prospective user must submit a written request to the copyright owner or her designated agent.
Ochoa, ‘Dr. A. K. Jung, ‘Dr. Seuss Enterprises v. L. Shapiro, ‘An Analysis of the Fair Use Defense in Dr. Seuss Enterprises v. M. Vogel, ‘The Cat in the Hat’s Latest Bad Trick’, 20 Cardozo Law Review 287 (1998). 97. The present defining case would seem to be On Davis v. , 246 F. 3d 152 (2nd Cir. 2001) (upholding the idea that plaintiff’s distinctive eyewear was a properly licensed item in the clothing advertisements in which it facilitated a visual draw). 98. C. Comics, Inc. v. , 696 F. 2d 24, 28 (2d Cir.