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New Directions in Copyright Law, Volume 1

Hardback

New Directions in Copyright Law, Volume 1

9781845422608 Edward Elgar Publishing
Edited by Fiona Macmillan, School of Law, Birkbeck, University of London, UK
Publication Date: 2005 ISBN: 978 1 84542 260 8 Extent: 264 pp
As one of the most flexible of the intellectual property rights, copyright law is under constant pressure to adapt and expand in the face of new and sometimes unforeseen challenges and developments. This book is the first in an important new six volume series whose aim is to consider the purpose, role, function and future of the copyright system. The book, and indeed the series, comprises thoughtful, critical and often challenging contributions from an international, multidisciplinary network of scholars. It brings together perspectives on copyright from law, politics, economics, cultural studies and social theory in an effort to forge a truly coherent and meaningful agenda for the future of copyright.

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Critical Acclaim
Contributors
Contents
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As one of the most flexible of the intellectual property rights, copyright law is under constant pressure to adapt and expand in the face of new and sometimes unforeseen challenges and developments. This book is the first in an important new six volume series whose aim is to consider the purpose, role, function and future of the copyright system. The book, and indeed the series, comprises thoughtful, critical and often challenging contributions from an international, multidisciplinary network of scholars. It brings together perspectives on copyright from law, politics, economics, cultural studies and social theory in an effort to forge a truly coherent and meaningful agenda for the future of copyright.

Volume 1 presents first a thorough re-examination of the underlying theoretical foundations of copyright law, engaging with such issues as the moral justifications for copyright, and the appropriateness of copyright in a globalised world. The book goes on to examine the convergence and divergence of intellectual property rights in the context of globalisation.

Bold in its attempt to be original, this book should be read by anyone interested in the future of copyright, regardless of discipline, and in intellectual property more generally.
Critical Acclaim
‘. . . this is a lovely collection of papers. . . even some of the chapters that are copyright-specific have plenty of thoughts, ideas and analytical method that can be exported to other IP rights. Don’t wait till Christmas – buy this book now!’
– IPkat.com

‘This collection of essays is broadly concerned with developments in digital technologies and the concomitant evolution of copyright law. Part I provides the theoretical framework of copyright law, while Part II deals with “Globalisation, Convergence and Divergence”. The essays vary widely in terms of subject matter and quality, but all are critical of existing copyright regimes. Most are enjoyable and provocative partly because of that.’
– Louise Buckingham, Copyright Reporter

‘Copyright is increasingly broad in scope and the range of perspectives that can be applied to study it is equally wide – not just IP law but legal philosophy, economics, cultural studies, ethnography, legal history and political science are all potentially relevant approaches to dissecting the copyright octopus. This book includes examples of all these approaches. It makes fascinating reading. It is also a valuable contribution to the current debate about the future development of copyright law.’
– Simon Stokes, European Intellectual Property Review
Contributors
Contributors: B. Andersen, K. Bowrey, J. Cahir, G. D’Agostino, R. Kozul-Wright, F. Macmillan, H. Porsdam, K. Sideri, J. Smiers, S. Teilmann, G. Westkamp
Contents
Contents: Preface Part I: Theoretical Framework of Copyright Law 1. Creative Improper Property: Copyright and the Non-Western World 2. The Moral Preference for DRM Ordered Markets in the Digitally Networked Environment 3. Can we Afford to Think About Copyright in a Global Marketplace? 4. Justifications for Copyright: The Evolution of Le Droit Moral Part II: Globalisation, Convergence and Divergence 5. From Pax Americana to Lex Americana: American Legal and Cultural Hegemony 6. Convergence of Intellectual Property Rights and the Establishment of ‘Hybrid’ Protection under TRIPS 7. The Social and Economic Effects of Copyright in the Music Industry: Contribution to the Convergence versus Divergence Debate 8. Freelance Authors for Free: Globalisation of Publishing, Convergence of Copyright Contracts and Divergence of Judicial Reasoning 9. The Regulation of Peer-to-Peer File Sharing Networks: Legal Convergence v. Perception Divergence Index
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eISBN: 978 1 78195 913 8
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