Piracy explores the intellectual property wars from the advent of print culture in the fifteenth century to the reign of the Internet in the twenty-first. Brimming with broader implications for today’s debates over open access, fair use, free culture, and the like, Johns’s book ultimately argues that piracy has always stood at the center of our attempts to reconcile creativity and commerce—and that piracy has been an engine of social, technological, and intellectual innovations as often as it has been their adversary. From Cervantes to Sonny Bono, from Maria Callas to Microsoft, from Grub Street to Google, no chapter in the story of piracy evades Johns’s graceful analysis in what will be the definitive history of the subject for years to come.
Patent Failure presents a wide range of empirical evidence from history, law, and economics. The book's findings are stark and conclusive. While patents do provide incentives to invest in research, development, and commercialization, for most businesses today, patents fail to provide predictable property rights. Instead, they produce costly disputes and excessive litigation that outweigh positive incentives. Only in some sectors, such as the pharmaceutical industry, do patents act as advertised, with their benefits outweighing the related costs.
By showing how the patent system has fallen short in providing predictable legal boundaries, Patent Failure serves as a call for change in institutions and laws. There are no simple solutions, but Bessen and Meurer's reform proposals need to be heard. The health and competitiveness of the nation's economy depend on it.
Organized as a series of “takes” that range from short sidebars to extended discussions, Permissions, A Survival Guide explores intellectual property law as it pertains to visual imagery. How can you determine whether an artwork is copyrighted? How do you procure a high-quality reproduction of an image? What does “fair use” really mean? Is it ever legitimate to use the work of an artist without permission? Bielstein discusses the many uncertainties that plague writers who work with images in this highly visual age, and she does so based on her years navigating precisely these issues. As an editor who has hired a photographer to shoot an incredibly obscure work in the Italian mountains (a plan that backfired hilariously), who has tried to reason with artists' estates in languages she doesn't speak, and who has spent her time in the archival trenches, she offers a snappy and humane guide to this difficult terrain.
Filled with anecdotes, asides, and real courage, Permissions, A Survival Guide is a unique handbook that anyone working in the visual arts will find invaluable, if not indispensable.
A prolific writer and a stimulating thinker, Max Scheler ranks second only to Husserl as a leading member of the German phenomenological school. Scheler's work lies mostly in the fields of ethics, politics, sociology, and religion. He looked to the emotions, believing them capable, in their own quality, of revealing the nature of the objects, and more especially the values, to which they are in principle directed.
"Scheler's book is in many ways important and great. The questions raised and the method followed are important: modern British thought with its crude use and abuse of the "emotive theory" could do well with a systematic study of the emotions which might show them up as complex intentional structures, and which might rely as much on the phenomenological insights of a Scheler, as on the behaviouristic flair of Gilbert Ryle."--J.N. Findlay, Mind
Max Scheler (1874-1928) was a professor of philosophy and sociology at the University of Cologne and was best known for his work in phenomenology, ethics, and philosophical anthropology.
Peter Heath (1920-2002) was a professor of philosophy at the University of Virginia and was former president of the Lewis Carroll Society of North America.
Werner Stark (1910-1985) was professor of sociology at Fordham University. He is recognized for his work in sociology of religion, social theory, and sociology of knowledge.
Graham McAleer is professor of philosophy and co-chair of the Catholic Social Thought Committee at Loyola College in Maryland.
conduct a patent search the right way evaluate your idea’s commercial potential file a provisional patent application to get “patent pending” status prepare a patent application focus on your patent application’s claims respond to patent examiners get your drawings done right protect your rights in foreign countries deal with infringers, and market and license your invention.
Thoroughly updated to reflect the latest changes in intellectual property law, this edition provides the latest U.S. Patent and Trademark Office rules and forms. The 18th edition covers the latest implications of the first-to-file rules created by the America Invents Act.
"An essential and valuable contribution to American intellectual history in the last decade of the last century." -- "The American Conservative"
The dominant forces of American conservatism remain wedded, at all costs, to the Republican Party, but another movement, one with its roots in the pre-World War II era, has stepped forth to fill an intellectual vacuum on the right. This Old Right first rose in opposition to the New Deal, fighting both statism at home and the emergence of an American empire abroad. More recently this movement, sometimes called paleoconservatism, has provided the ideological backbone of modern populism and the opposition to globalization, with decisive effects on presidential politics. In "Revolt from the Heartland," Joseph Scotchie provides an intellectual history of the Old Right, treating its main figures and defining its conflict with the traditional left-right political mainstream.
As Scotchie's account makes clear, the Old Right and its descendents have articulated an arresting and powerful worldview. They include an array of learned and provocative writers, including M.E. Bradford, Russell Kirk, Richard Weaver, and Murray Rothbard, and more recently, Clyde Wilson, Thomas Fleming, Samuel Francis, and Chilton Williamson, Jr. Beginning with the movement's anti-Federalist forerunners, Scotchie traces its developments over two centuries of American history. In the realm of politics and economics, he examines the anti-imperialist stance against the Spanish-American War and the League of Nations, the split among conservatives on Cold War foreign policy, and the hostility to the socialist orientation of the New Deal. Identifying a number of social and cultural attitudes that define the Old Right, Scotchie finds the most important to be the importance of the classics, a recognition of regional cultures, the primacy of family over state, the moral case against immigration. In general, too, a Tenth Amendment approach to such recurring issues as education, abortion, and school prayer characterizes the group.
As Scotchie makes clear, the Old Right and its grass-roots supporters have, and continue to be, a powerful force in modern American politics in spite of a lack of institutional support and media recognition. "Revolt from the Heartland" is an important study of a persisting current in American political life.
Joseph Scotchie is the author of "Barbarians in the Saddle: An Intellectual Biography of Richard M. Weaver" and the editor of "The Paleoconservatives: New Voices of the Old Right" and "The Vision of Richard Weaver," all available from Transaction. He is also the author of a biography on the novelist Thomas Wolfe.
""Joe Scotchie's terrific new book solves a Great American Mystery. Why do our conservative intellectuals attack one another more viciously than they do liberals? Why does the splintered movement-Old Right, Neoconservative, New Right, and Beltway Right-behave like old communists who would rather purge each other than carry out the revolution? Why, if a member has some success, as when Pat Buchanan won in New Hampshire in 1996, do the rest attack him until they have assured his defeat? It's an incredible story and you have to read the book to find the answer""-William J. Quirk, Professor of Law, "University of South Carolina"
""As an immigrant, I have always regarded the American conserative movement as the flower of democracy, the real reason for the Free World's victory in the Cold War. But flowers do not grow to the sky and the historic conservative movement is clearly now dead. In this remarkable and erudite account, Joseph Scothie investigates the new shoots that are coming up, traces their roots, and analyzes their future-and America's.""
-Peter Brimelow, author of "Alien Nation: Common Sense About America's Immigration Disaster"
""With truly masterful precision, Joe Scotchie illuminates the myriad dissident strains of American Conservatism which knocked at the doors of power at the end of the Cold War before meeting a fateful rebuff. He tells the story of those distinctive Right wing intellectuals who said "no" to an imperial foreign policy, mass immigration, and a globalized economy. While this band lost the key internecine battles of the 1990s to Newt Gingrich the neoconvervatives, and the politics of Clinton-bashing, in Scotchie' eloquent account their struggle for a conservatism rooted a sense of measure and respect for the American past retains all its piquancy for the decade to come.""-Scott McConnell
If you think you have a great idea for a new product, book, song, or invention, do not be left out. This groundbreaking new book will guide you step-by-step along the way. This book offers a simple, straightforward introduction to how to protect your idea written in laymanâe(tm)s terms. This book is written for inventors, not attorneys, and for those that want to save thousands on legal fees protecting their ideas and inventions. If you think you have a great idea or invention, you need this extremely detailed and comprehensive guide to the process.
The book covers and easily explains everything needed, from the initial patent search and licensing your idea to filing a successful and financially lucrative application. Even if you ultimately decide to use the services of a patent attorney, which in some cases is recommended, this book will get the process started and still save considerable legal fees.
Atlantic Publishing is a small, independent publishing company based in Ocala, Florida. Founded over twenty years ago in the company presidentâe(tm)s garage, Atlantic Publishing has grown to become a renowned resource for non-fiction books. Today, over 450 titles are in print covering subjects such as small business, healthy living, management, finance, careers, and real estate. Atlantic Publishing prides itself on producing award winning, high-quality manuals that give readers up-to-date, pertinent information, real-world examples, and case studies with expert advice. Every book has resources, contact information, and web sites of the products or companies discussed.
Fan fiction has long been a nearly invisible form of outsider art, but over the past decade it has grown exponentially in volume and in legal importance. Because of its nature, authorship, and underground status, fan fiction stands at an intersection of key issues regarding property, sexuality, and gender. In Fan Fiction and Copyright, author Aaron Schwabach examines various types of fan-created content and asks whether and to what extent they are protected from liability for copyright infringement. Professor Schwabach discusses examples of original and fan works from a wide range of media, genres, and cultures. From Sherlock Holmes to Harry Potter, fictional characters, their authors, and their fans are sympathetically yet realistically assessed.
Fan Fiction and Copyright looks closely at examples of three categories of disputes between authors and their fans: Disputes over the fans’ use of copyrighted characters, disputes over online publication of fiction resembling copyright work, and in the case of J.K. Rowling and a fansite webmaster, a dispute over the compiling of a reference work detailing an author's fictional universe. Offering more thorough coverage of many such controversies than has ever been available elsewhere, and discussing fan works from the United States, Brazil, China, India, Russia, and elsewhere, Fan Fiction and Copyright advances the understanding of fan fiction as transformative use and points the way toward a “safe harbor” for fan fiction.
JDs, LLMs & SJDs need to be able to communicate effectively and efficiently. This Dictionary will afford Law Students and Law Professors with the resource they need to bring clarity to the burgeoning field of IP Law.
Practitioners & Paralegals of Intellectual Property law must understand, cross-reference and apply intricate terminology. The IP Dictionary gives the Practitioner & Paralegal the ability to easily locate terms and underlying concepts and apply them to their work product.www.TheLawDictionarySeries.com
Incentivizing the "progress of science and the useful arts" has been the goal of intellectual property law since our constitutional beginnings. The Eureka Myth cuts through the current debates and goes straight to the source: the artists and innovators themselves. Silbey makes sense of the intersections between intellectual property law and creative and innovative activity by centering on the stories told by artists, scientists, their employers, lawyers and managers, describing how and why they create and innovate and whether or how IP law plays a role in their activities. Their employers, business partners, managers, and lawyers also describe their role in facilitating the creative and innovative work. Silbey's connections and distinctions made between the stories and statutes serve to inform present and future innovative and creative communities.
Breaking new ground in its examination of the U.S. economy and cultural identity, The Eureka Myth draws out new and surprising conclusions about the sometimes misinterpreted relationships between creativity and intellectual property protections.
Protecting Your Ideas: The Inventor's Guide to Patents is a succinct, straightforward guide to the system. This guide presents the steps involved in obtaining patent protection for inventions. It is easy to read and brimming with essential information and advice compounded from FAQs posed by the author's academic and industrial clientele. The text includes tips, warnings, and examples that guide the reader through the invention process so patent rights are not jeopardized. Checklists and other helpful information are provided to assist the inventor preparing to enter the patent process. The book includes valuable resource information and business guidance to protect the inventor from consumer fraud that is sometimes associated with the patent process. Protecting and Idea is a must read for every engineer, scientist, or amateur inventor.Simple, easy-to-read format demystifies the patent processNumerous example patents help to illustrate the issues involvedProvides an overview of the types of intellectual property protectionIncorporates up-to-date information about U.S. patent lawsAdvises inventors about the do's and don'ts of patentingIncludes useful resources for helping inventors safeguard their ideas
Prognosticators apply Monte Carlo Analysis (MCA) to determine the likelihood and significance of a complete range of future outcomes; Real Options Analysis (ROA) can then be employed to develop pricing structures, or options, for such outcomes. Richard Razgaitis' Dealmaking shows readers how to apply these powerful valuation tools to a variety of business processes, such as pricing, negotiating, or living with a "deal," be it a technology license, and R&D partnership, or an outright sales agreement. Dealmaking distinguishes itself from other negotiating guides not only by treating negotiations as an increasingly common situation, but also by presenting a tool-based approach that creates flexible, practical valuation models. This forward-thinking guide includes a variety of checklists, case studies, and a CD-ROM with the appropriate software.
Richard Razgaitis (Bloomsbury, NJ) is a Managing Director at InteCap, Inc. He has over twenty-five years of experience working with the development, commercialization, and strategic management of technology, seventeen of which have been spent in the commercialization of intellectual property.
Has the thought of facing your law exams left you feeling completely overwhelmed? Are you staring at the mountain of revision in front of you and wondering where to start? Routledge Q&As will help guide you through the revision maze, providing essential exam practice and helping you polish your essay-writing technique.
Each Routledge Q&A contains 50 essay and problem-based questions on topics commonly found on exam papers, complete with answer plans and fully worked model answers. The titles are written by lecturers who are also examiners, so you can recognise exactly what examiners are looking for in an answer.
Key cases and legislation are highlighted within the text for ease of reference
Boxed answer plans after each question outline the major points you should be aiming to convey within your answer
The books in this series are supported by a companion web offering you bonus q&as; advice on preparing for your exams; revision checklists; discussion forums and more.
But don’t just take our word for it!
"The book was an answer to my prayers... I’ve been begging tutors to give us ready-made answers so we get a structure as to what we should be including and revising and the Q&As do exactly that!"
Azmina Thanda, 2nd year LLB
"The Routledge Q&As are very well designed and helpful, giving a good indication of what comes up in exams."
Deaglan McArdle, 3rd year LLB
Joseph J. Kockelmans divides the selections into several sections. Part 1, from 17861850, includes chapters by Immanuel Kant, on the metaphysical foundations of natural science, John Frederick William Herschel, on experience and the analysis of phenomena, William Whewell, on the nature and conditions of inductive science, and John Stuart Mill, on induction and the law of universal causation; part 2, from 18701899, includes chapters by Hermann Von Helmholtz, on the origin and significance of geometrical axioms, William Stanley Jevons, on the philosophy of inductive inference, John Bernard Stallo, on the kinetic theory of gasses and the conditions of the validity of scientific hypotheses, Ernst Mach, on the economical nature of physical inquiry, Karl Pearson, on perceptual and conceptual space, Emile Boutroux, on mechanical laws, Heinrich Hertz, on the appropriateness, correctness, and permissibility of scientific theories, and Ludwig Boltzmann, on the fundamental principles and basic equations of mechanics.
The third part, covering the first decade of the twentieth century, includes chapters by Henri Jules Poincare, on science and reality, Charles Peirce, on Induction, Pierre Marie Duhem, on the laws of physics, William Ostwald, on energetism and mechanics, Emile Meyerson, on identity of thought and nature as the final goal of science, Ernst Cassirer, on functional concepts of natural science; part 4, from 19101927, includes chapters by Charles Dunbar Broad, on phenomenalism, Alfred North Whitehead, on time, space, and material, Bertrand Russell, on the world of physics and the world of sense, Norman Robert Cambbell, on the meaning of science, Moritz Schlick, on basic issues of the philosophy of natural science, and Percy Williams Bridgman, on the concepts of space, time, and causality.
Philosophy of Science provides a concise single volume text to the discipline and enables students to understand and evaluate the various trends in our contemporary philosophy of science.
Joseph J. Kockelmans is professor emeritus of philosophy at the Pennsylvania State Univers
Acquire and protect your share of this major business asset
Want to secure and exploit the intellectual property rights due you or your company? This easy-to-follow guide shows you how — helping you to evaluate your idea's commercial potential, conduct patent and trademark searches, document the invention process, license your IP rights, and comply with international laws. Plus, you get detailed examples of each patent application type!
Discover how to:Avoid application blunders Register trademarks and copyrights Meet patent requirements Navigate complex legal issues Protect your rights abroad The entire body of U.S. patent laws
Example office actions and amendments
Trademark registration certificates
See the CD appendix for details and complete system requirements.
Note: CD-ROM/DVD and other supplementary materials are not included as part of eBook file.
Demers is concerned about the fate of transformative appropriation—the creative process by which artists and composers borrow from, and respond to, other musical works. In the United States, only two elements of music are eligible for copyright protection: the master recording and the composition (lyrics and melody) itself. Harmony, rhythm, timbre, and other qualities that make a piece distinctive are virtually unregulated. This two-tiered system had long facilitated transformative appropriation while prohibiting blatant forms of theft. The advent of digital file sharing and the specter of global piracy changed everything, says Demers. Now, record labels and publishers are broadening the scope of IP “infringement” to include allusive borrowing in all forms: sampling, celebrity impersonation—even Girl Scout campfire sing-alongs.
Paying exorbitant licensing fees or risking even harsher penalties for unauthorized borrowing have become the only options for some musicians. Others, however, creatively sidestep not only the law but also the very infrastructure of the music industry. Moving easily between techno and classical, between corporate boardrooms and basement recording studios, Demers gives us new ways to look at the tension between IP law, musical meaning and appropriation, and artistic freedom.
This authoritative introduction provides a detailed overview of the complexities of the international intellectual property regime and the ways in which it operates. The authors cover the key international institutions and agreements that regulate and inform intellectual property at an international level such as the TRIPS Agreement, WIPO, WTO, the Paris Convention and the Berne Convention. The book serves as a platform to understand and contextualize policy discussions on topics such as public health, Internet regulation, as well as regional and bilateral trade treaties.
Key features include:
• Accessible and carefully summarized overview of the field
• Comprehensive and up-to-date review of all major international intellectual property institutions and instruments
• Introduces current issues within international IP negotiations
• Provides tools to analyze the history and possible future development of international IP norms.
Students, researchers, policy makers and practitioners of intellectual property will find this book to be an invaluable resource in gaining an understanding of the international rules and context in which both domestic and international IP policy issues should be understood.
1—Subject Matter and Scope of Copyright
2—Copyright Ownership and Transfer
3—Duration of Copyright
4—Copyright Notice, Deposit, and Registration
5—Copyright Infringement and Remedies
6—Manufacturing Requirements and Importation
8—Proceedings by Copyright Royalty Judges
9—Protection of Semiconductor Chip Products
10—Digital Audio Recording Devices and Media
11—Sound Recordings and Music Videos
12—Copyright Protection and Management Systems
13—Protection of Original Designs
The analysis is cast in various contexts and examined at multiple levels. The first deals with the Eurocentric character of the patent system, international law, and institutions. The second involves the cultural and economic dichotomy between the industrialized Western world and the westernizing, developing world. The third level of analysis considers the phenomenal loss of human cultures and plant diversity. Exhaustively researched and eloquently argued, Global Biopiracy sheds new light on a contentious topic. The impact of intellectual property law on indigenous peoples and informal or traditional innovations is a field of study that currently includes only a handful of scholars. Biopiracy will be an invaluable resource for students, teachers, and legal practitioners.
Patients who are not terminally ill die in hospitals every year because of medical staff misinterpretations of living wills. These are patients who would have otherwise lived if treated. But, too often, patients with living wills are treated as DNR--a code status understood by physicians and staff to mean "do not resuscitate." However, in many cases their status should have been "Full Code," which tells those in authority to use aggressive efforts to save patients' lives. Unfortunately, living wills do not contain patient code status designations and therein lies the problem.
As an emergency room physician, Ferdinando L. Mirarchi, D.O. understands how these misinterpretations happen. In "Understanding Your Living Will," Dr. Mirarchi explains how to include lifesaving patient code status information in your living will and in the living wills of your loved ones. Among the questions he answers:
- How can you be sure your living will makes your wishes clear?
- What are the hidden dangers in living wills?
- How can you avoid the misinterpretation of a DNR code status?
- When does a living will become active?
- Why is it important to have a health care power of attorney?
- What is a health care proxy?
A Book to Help You Ensure Your Living Will Follows Your Wishes
La singularité du robot dans l’espace juridique a vocation à s’accentuer ; symétriquement, tandis que la pertinence de la qualification de bien meuble décroît, la nécessité de doter le robot intelligent d’un statut juridique inédit se fait plus pressante.
Ce mouvement en vases communiquants a ceci de particulier qu’il semble à la fois unilatéral et irréversible : la puissance de l’industrie robotique, l’implication des plus grands acteurs de l’économie numérique, l’importance des enjeux financiers, l’engouement de la recherche et l’appétence sociale constituent, ensemble, une assise particulièrement solide à l’avènement de la robotique intelligente.
Une fois la rupture technologique consommée – résultant de la liberté dont disposera le robot, elle-même alimentée par ses capacités d’apprentissage –, le droit n’aura d’autre choix que de s’aligner.
Le présent ouvrage apporte de premières orientations juridiques.
This is a work which will enjoy wide and enduring interest among academics, policy makers and decision makers/practitioners working in patent law, intellectual property law, legal harmonization, and EU law.
Dirigida a los empresarios de la industria marítima de habla hispana y a los abogados especializados en derecho marítimo, esta obra viene a llenar un vacío doctrinal en su materia, siendo además la primera que se publica sobre la misma en lengua española. Ofrece una sencilla, directa y contundente exposición del funcionamiento del arbitraje marítimo en Londres, convirtiéndose en nuestro mejor aliado y en un punto de apoyo fundamental para mantener controlado en todo momento el desarrollo del mismo.
La obra tiende a una exposición eminentemente práctica de la materia, incluyendo además una serie de formularios que ayudarán al jurista a implicarse de lleno en el arbitraje londinense; así como unos anexos con la Ley de Arbitraje de Inglaterra y con las Reglas de Arbitraje de la Asociación de Árbitros Marítimos de Londres.
Peter Baldwin explains why the copyright wars have always been driven by a fundamental tension. Should copyright assure authors and rights holders lasting claims, much like conventional property rights, as in Continental Europe? Or should copyright be primarily concerned with giving consumers cheap and easy access to a shared culture, as in Britain and America? The Copyright Wars describes how the Continental approach triumphed, dramatically increasing the claims of rights holders. The book also tells the widely forgotten story of how America went from being a leading copyright opponent and pirate in the eighteenth and nineteenth centuries to become the world’s intellectual property policeman in the late twentieth. As it became a net cultural exporter and its content industries saw their advantage in the Continental ideology of strong authors’ rights, the United States reversed position on copyright, weakening its commitment to the ideal of universal enlightenment—a history that reveals that today’s open-access advocates are heirs of a venerable American tradition.
Compelling and wide-ranging, The Copyright Wars is indispensable for understanding a crucial economic, cultural, and political conflict that has reignited in our own time.
Patent law is changing, and this bestselling primer on patent law has up-to-date information on the America Invents Act, the most important change to American patent law in two centuries.
Packed with detailed information, Nolo’s Patents for Beginners explains how to:document your invention acquire patent rights "read" a patent application understand how and why to make a patent search determine patent ownership find patent information understand international patent law decide whether to file a provisional patent
Nolo's Patents for Beginners provides plain-English explanations of patent law, patent and invention resources and a glossary of patent terms. The 8th edition is completely updated to cover all changes in patent law and regulations, including the latest on filing for provisional patent status.
How do I copyright my screenplay? How can I clear rights for my film project? What can I do to avoid legal trouble when I produce my mockumentary? How do I ascertain whether a vintage novel is in the public domain? Is the trademark I've invented for my production company available? What about copyright and trademark rights overseas? If I upload my film to YouTube, do I give up any rights?
Bill Seiter and Ellen Seiter answer these questions and countless others while also demystifying the fundamental principles of intellectual property. Clear and thorough, this plain-spoken and practical guide is essential for anyone seeking to navigate the rapidly changing media environment of today.
In the age of easily downloadable culture, messages about copyright are ubiquitous. If you’re an artist, consumer, or teacher, copyright is likely a part of your everyday life. Completely updated, this revised edition of Canadian Copyright parses the Copyright Act and explains current Canadian copyright law to ordinary Canadians in accessible language, using recent examples and legal cases.