Browse by title

You are looking at 1 - 10 of 1,070 items :

  • Intellectual Property Law x
  • All accessible content x
Clear All
This content is available to you

Edited by Johanna Gibson

This content is available to you

Jani McCutcheon

Abstract

Photographs of cultural collections are an essential means of disseminating art and democratizing access to culture. This article reviews the policies of five major Australian galleries on access to their collections. It finds they tend to claim copyright in photographs of their collections, including of public domain works. This reflects a perceived entitlement to control access to their digital collections, often bolstered by a misstatement of copyright exceptions, restrictive quasi-copyright contract terms, licensing practices, and physical property rights in photography's appurtenances. This curbs the emancipatory potential of digitization, generating a conflict between the property interests of cultural institutions and the public interest in enhanced access to culture. The problem is particularly acute with respect to images of public domain art, exclusive control over which diminishes the public domain. This article considers the novel question of whether copyright subsists in photographs of two-dimensional art under Australian law, arguing that such photographs lack the originality indispensable to copyright subsistence. This conclusion significantly undermines cultural institutions’ licensing models and challenges misconceptions of property rights in the photographic surrogates of two-dimensional cultural objects. The article urges cultural institutions to liberate the digital surrogates of public domain art to enhance access to cultural capital.

This content is available to you

Ysolde Gendreau

Whatever the direction a discussion nowadays on contemporary copyright is taking, it is fair to assume that the issue of the balancing of interests will be raised. The chapter looks at the official balancing acts that meet in copyright statutes anywhere (economic versus moral rights; copyright versus related rights; rights versus remedies) as well as those that are not so often mentioned, but that nevertheless have an impact on the understanding of the law (justifications for copyright; shifting identities within copyright law). Canadian law is used to provide examples, but the reasoning can easily resonate elsewhere. Keywords: copyright, copyright balance, copyright subtext, international copyright, collective management, copyright exceptions.

This content is available to you

Preface

Second Edition

Edited by Paul Torremans

This content is available to you

INTRODUCTION

Where to Litigate Unitary Rights vs National Rights in the EU

Torsten B. Larsen

This chapter sets the limits for the study by defining the purpose, scope, jurisdictional advantages for the plaintiff (jurisdiction strategies) and limits. Keywords: purpose; scope; jurisdiction strategies; limits

This content is available to you

EXTENDED TABLE OF CONTENTS

Where to Litigate Unitary Rights vs National Rights in the EU

Torsten B. Larsen

This content is available to you

OVERVIEW

Law and Practice

Jeffrey Belson

Certification and collective marks are special forms of trademarks that ab initio are for the use of multiple sources, subject to the proprietor’s authorization. These marks engender particular issues of law and policy that are related to but distinct from the law and policy of ordinary (or ‘individual’) trademarks. A certification mark indicates that certain characteristics of the marked goods or services conform to particular standards. Collective marks attest primarily to membership of the individual source of the marked goods or services in a particular association such as a trade association. The ensuing chapters explore the historical development of both these types of marks, the connections between them, pertinent trademark law and practice, certifiers’ and membership associations’ liability, legal and commercial significance, use in regulatory and technical standardization frameworks, and emergent sui generis forms of certification, namely ecolabels and electronic authentication marks in digital content. Key words: certification mark; collective mark; law; policy

This content is available to you

Edited by Corien Prins, Colette Cuijpers, Peter L. Lindseth and Mônica Rosina

This content is available to you

Edited by Corien Prins, Colette Cuijpers, Peter L. Lindseth and Mônica Rosina

This content is available to you

EXTENDED CONTENTS

Law and Practice

Jeffrey Belson