The Making Available Right

p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial} The right of copyright owners to make their content available to the public is crucial in an environment driven by access. The Making Available Right provides in-depth analysis of this exclusive right and offers insights on how we can approach the right in a more transparent and principled manner. This thought-provoking book brings together detailed analysis of the law and a broader consideration of copyright’s fundamental aims, and will be of interest to judges, practitioners and scholars concerned about how copyright deals with access going forward.

A fresh, innovative, thought provoking look at the development of copyright law as it pertains to creativity and one that will give even the most experienced reader fresh insight into this tangled area of law. The author s language ability (German, English, French) and interdisciplinary background (law and music) combine to enable him to add significant analytical depth to the subject. A must read in a time when our creative industries are being called upon to help re-build our shattered economy. Charlotte Waelde, University of Exeter, UK Professor Rahmatian is perhaps uniquely placed to offer a complete rethinking of the nature and function of copyright. Working with original materials in original languages, he spans the continental and common law traditions in a breathtaking synthesis of the varied justifications and uses (or misuses) of the concept of creativity as property. Paul J. Heald, University of Georgia, US Copyright and Creativity discusses the making of property out of creative works through the legal mechanism of copyright. It shows the manner in which the law translates a great variety of expressions of the human mind into its normative system and transforms them into the property right of copyright or droit d auteur. This timely book examines the proprietary features of copyright, the inherent limitations of its powers, and its justification and relationship to the non-proprietary realm of the public domain. The final parts of the book deal with the propertisation/commodification of human authors themselves through their works as alienable objects of property, the well-known Romantic author critique as a sophisticated justification of that commodification, and at an international level, neo-feudal and neo-colonial developments as a result of this process. This detailed study will appeal to undergraduate and postgraduate students, legal sociologists, and specialists in copyright, property theory, or legal theory and political philosophy with particular interest in property theory. Practitioners within bodies involved in legal policy, organisations concerned with law reform, European institutions, and international organisations will also find much to interest them in this book.

The growth of new technologies in the digital age has rapidly expanded the availability of copyrighted works. Along with this expansion have come questions central to copyright jurisprudence as whether and how the creative works of authors may be accessed and disseminated. Two international treaties to which the United States is a party--the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty (collectively, the WIPO Internet Treaties)--require member states to recognize the right of making available, which gives authors, producers, and performers the exclusive right to authorize the transmission of their works and sound recordings to the public through interactive platforms that enable members of the public to choose where and when to access them. This book provides a thorough assessment of the state of U.S. law recognizing and protecting copyright holders' exclusive right of making available and how both U.S. and foreign laws have interpreted and implemented the relevant provisions of the WIPO Internet Treaties.

In this book, leading scholars analyze the important role played by copyright exceptions in economic and cultural productivity.

Consists of the text of the WIPO Performances and Phonograms Treaty (1996), and the relevant provisions of the Berne Convention (1971) and of the Rome Convention (1961).

I completed the original manuscript of Digital Copyright in 2000, two years after Congress enacted the Digital Millennium Copyright Act. The 1976 Copyright Act was itself 24 years old, and beginning to show its age. The Internet, in contrast, was still new and shiny and scary, especially for legacy entertainment and information businesses and the copyright lawyers who represented them.Seventeen years later, the Internet has become an essential feature of all of our lives and the copyright laws designed to tame it seem elderly and barnacle-encrusted. Remarkably, the legislative process that has made sensible copyright law reform all but impossible has stayed largely unchanged. Congress and the Copyright Office have recently launched what is billed as a comprehensive reexamination of copyright law with the goal of overhauling the law for the 21st century. It seems likely that these efforts will hew to the patterns of earlier copyright revision. Perhaps we stick with the tried and true approach to making copyright laws, even though it results in bad laws, because the process works so well for so many of the participants. Members of Congress can rely on affected industries to come up with broadly acceptable compromises, and to take on much of the burden of pressuring other interested groups to swallow them. Meanwhile, Senators and Representatives can continue to collect generous campaign contributions. The Copyright Office can be the center of attention as it plays a crucial role in managing the multilateral negotiations and interpreting their results to Congress. Copyright lobbyists and trade organizations can collect hefty fees from their members, in return for supplying them with laws that will give them competitive advantages against the next new thing, whatever it is. Because the laws that emerge from this process don't work very well, meanwhile, everyone can look forward to another round.Although the book is ancient in Internet time, people seem to have continued to read it. Now that it has finally gone out of print, I'm delighted to be able to make it more freely available under a Creative Commons license. In addition to the Afterword that I wrote for the 2006 paperback edition, I have included a postscript looking back briefly on what, if anything, we might have learned from the aftermath of the stories told in this book.Postscript is available at: 'https://ssrn.com/abstract=2968546' https://ssrn.com/abstract=2968546.

In recent years the field of bioinformatics has emerged from the university research laboratory and entered the mainstream healthcare establishment. During this time there has been a rapid increase of legal developments affecting this dynamic field, from Supreme Court decisions radically altering the patentability of informatics inventions to major developments in privacy law both in Europe and the U.S. This edited book strives to offer the reader insight into some of the major legal trends and considerations applicable to these fields today.

Detailed advice (and plenty of sample forms, worksheets and agreements) on everything from getting a business started to kicking out an unwanted partner later. - Los Angeles Times - It is the most definitive, complete and current do-it-yourself patent book ever written and it is written in easy-to-understand laymen's terms. - Mary Bellis, Inventor's Guide at About.com - Every step of the patent process is presented in order in this gem of a book, complete with official forms - San Francisco Chronicle - David Pressman is a practicing patent attorney, a former patent examiner, and the author of Patent It Yourself. His book is easy to understand and can save thousands of dollars by writing your own patent application, or by writing much of it, and having a patent agent or attorney edit and write the claims section. - Jack Lander, The Inventor's Bookstore - Like all law, [patent law] is pretty complex stuff. This clearly written guide will help minimize legal fees by preparing you to do what you can for yourself.- Mike Maza, Dallas Morning News - The book presents complicated procedures in easily digested chunks, with anecdotes, forms and plenty of old-fashioned good advice - The Denver Post - The most complete and authoritative work on patents and inventions for laypersons - InventNet - Contains all necessary forms and instructions plus advice on marketing your invention. - Money Magazine - The best roll-up-your-sleeves guide for filers who don't want to pay a ransom. - Inc.- Patent It Yourself is a top-notch reference for patent and trademark information. - San Francisco Examiner