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New Directions in Copyright Law, Volume 4

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New Directions in Copyright Law, Volume 4

9781845422639 Edward Elgar Publishing
Edited by Fiona Macmillan, School of Law, Birkbeck, University of London, UK
Publication Date: 2007 ISBN: 978 1 84542 263 9 Extent: 288 pp
New Directions in Copyright Law, Volume 4, offers insightful contributions from leading commentators on a range of issues affecting the development and direction of copyright law.

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This fourth volume in the series contains further exploration of the main themes considered in the first three volumes and brings together perspectives on copyright from law and legal theory, political economy, human rights, cultural studies and social theory.

New Directions in Copyright Law, Volume 4, offers insightful contributions from leading commentators on a range of issues affecting the development and direction of copyright law. The volume is divided into six parts. In the first part, the theoretical framework of copyright law is explored through the concepts of the market place of ideas and the public domain. While a number of chapters address substantive aspects of copyright law reform, the second part of the volume contains a chapter that marries substantive questions with issues around the mechanics, limitations and possibilities of the reform process. In the third part, two chapters consider the problematic notion of paternity rights from contrasting disciplinary perspectives. The interface between copyright law and the burgeoning of new technologies is considered through a range of theoretical and methodological approaches. In the fourth part of the volume legal theorists address issues around open access, open source, free software, and the implications of network theory for the relationship between copyright law and the Internet. Moving away from the concerns of so-called ‘high technology’, the fifth part of the volume considers the equally fraught question of the protection of traditional knowledge and cultural property through an analysis of the limits of law. The final part of the volume, which deals with copyright’s uncomfortable relationship with human rights, sees a return to issues around the new technologies with a focus on the political economy of open source software, and on the issue of information access and fundamental rights.
Critical Acclaim
‘The essays in these volumes are clearly written and of readable length. . . the latest installments in the New Directions series will be of particular use to researchers interested in traditional cultural expressions and trade law but other scholars of copyright and media will find papers to interest them.’
– Daithí Mac Síthigh, Scripted

‘The fourth volume of this excellent series does not disappoint. Spanning topics within and intersecting copyright as diverse as market power, paternity rights and cultural property, the book provides an interesting range of frameworks with which to consider various aspects of copyright law.’
– Louise Buckingham, Copyright Reporter

Acclaim for volume 1:
‘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: L. Belder, D.M. Berry, P. Fitzpatrick, J. Gibson, J. Griffiths, A. Guadamuz González, R. Joyce, F. Macmillan, H.L. MacQueen, N.W. Netanel, S. Teilmann, G. Westkamp
Contents
Contents:

Preface Fiona Macmillan

PART I: THEORETICAL FRAMEWORK OF COPYRIGHT LAW
1. Copyright and ‘Market Power’ in the Marketplace of Ideas
Neil Weinstock Netanel

2. Cultural Expressions: From Common Source to Public Domain
Lucky Belder

PART II: GLOBALISATION, CONVERGENCE AND DIVERGENCE
3. Copyright Law Reform:Some Achievable Goals?
Hector L. MacQueen

PART III: DEVELOPMENTS IN RIGHTS NEIGHBOURING ON COPYRIGHT
4. Misattribution and Misrepresentation: The Claim of Reverse
Passing Off as ‘Paternity’ Right
Jonathan Griffiths

5. It’s a Wise Text that Knows its Own Father: Some Problems in Paternity Rights
Stina Teilmann

PART IV: COPYRIGHT AND THE NEW TECHNOLOGIES
6. Open Access, Open Source and Free Software: Is There a Copy Left?
Johanna Gibson

7. The Copyright Web: Networks, Law and the Internet
Andrés Guadamuz González

PART V: PROTECTION OF TRADITIONAL KNOWLEDGE AND CULTURE
8. Copying Right: Cultural Property and the Limits of (Occidental) Law
Peter Fitzpatrick and Richard Joyce

PART VI: COPYRIGHT, CORPORATE POWER AND HUMAN RIGHTS
9. A Contribution to a Political Economy of Open Source and Free Culture
David M. Berry

10. Information Access, Lex Digitalis and Fundamental Rights in Modern Copyright Law
Guido Westkamp

Index
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