By Paul Torremans
Copyright legislation is present process speedy alterations to deal with the hot foreign electronic surroundings. This helpful study guide presents an intensive and modern tableau of present pondering in copyright legislations. It lines the adjustments gone through and the demanding situations confronted through copyright, in addition to its roots and its range, combining to offer a colorful photograph of a dynamic study sector. The editor brings jointly an elite staff of overseas copyright students who supply incisive and unique research of quite a lot of concerns and points of copyright legislation, and in certain cases a multiplicity of views on a unmarried subject. Rigorous and sometimes thought-provoking in nature, this study instruction manual truly maps the present panorama, and also will absolutely stimulate additional study within the box. examining the innovative of present copyright study, "Copyright Law" can be of significant curiosity to researchers, scholars, practitioners and policymakers.
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Extra resources for Copyright Law: A Handbook of Contemporary Research (Research Handbooks in Intellectual Property)
The scope of copyright in the Garfield dolls in the Netherlands was determined by Dutch law (law of the protecting country), rather than under US law. 43 E. Ulmer, Intellectual Property Rights and the Conflict of Laws, Deventer: Kluwer (1978), at 36. 44 Copyright law protection is concerned, it seems logical to assume that in cases of infringement the law of the protecting country will also be the lex loci delicti. The courts in the UK have recently dealt with an international copyright infringement case in Pearce v Ove Arup,44 and although this was primarily a jurisdiction case it seemed clear that the courts would eventually apply the lex loci delicti to the infringement issue.
18 This reliance on Walter v Lane cannot be accepted though without considering the dictum in the Interlego case that seems at odds with it. e. a copy which incorporates some minor alterations of a work which is no longer protected under copyright will not attract copyright. But the question must be asked whether the impact of the following words does not go further: Take the simplest case of artistic copyright, a painting or photograph. It takes great skill, judgment and labour to produce a good copy by painting or to produce an enlarged photograph from a positive print, but no one would reasonably contend that the copy painting or enlargement was an ‘original’ artistic work in which the copier is entitled to claim copyright.
107, p. 68. 22 Copyright law common right of other men. 117 The philosophy of Locke, Hume and their successors in the history of British thought is essentially inductive. It relies on empirical method and is sceptical of the tradition that relies on a priori positions which are accepted as being true regardless of the underlying experience. 119 As noted above, the civilian position has been highly influential in the development of Continental European law in this field. In Magill120 both the Court of First Instance and the Advocate-General stated that ‘the essential function of copyright is to protect moral rights and reward creative effort’.