This chapter explores how 3D printing fits within US copyright law. US copyright law provides a well-developed framework for protecting creative designs, whether fixed in CAD files or 3D objects. Although 3D printing poses similar challenges encountered by content industries whose works were disrupted by the digital revolution, 3D printing brings distinctive issues. Although grounded in statute, US copyright law has a rich common law tradition affording courts significant leeway in adapting doctrines to new and unforeseen technological developments. This capacity is reinforced by the range of business strategies available for confronting appropriability challenges. This chapter surveys the 3D printing terrain on three levels: copyrightability of CAD files and 3D objects; enforcement challenges; and business strategies. The ultimate governance regime will depend upon business strategies that copyright owners and disruptive businesses pursue, the extent to which courts adapt doctrines to new and unforeseen challenges, and the Copyright Office’s DMCA exemptions.
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Peter S. Menell and Ryan Vacca
Edited by Diane Nijs
In the chapter the author discusses the basic concepts of social conflict, with a special emphasis on the problem of otherness. In the context of the recent migration crisis, the constructs of the stranger, migrant and alien are discussed. The resolution of social conflicts needs special skills to be developed. Some best practices of conflict resolution such as Circles of Tolerance in Hungary, Theater of Witness in Northern Ireland, and Not in Our Town in the US are presented. These practices stimulate students’ interest in the topics and motivate them to act accordingly in their communities and in contemporary society, especially concerning vulnerable groups. The university program introduced here aims to increase students’ awareness and knowledge of adverse social phenomena and their underlying social reasons and possible interventions. The chapter depicts the program that enables students to discuss controversial issues and work with more understanding on related topics, critically examining the theoretical concepts learned in a given context.
Robert A. LaFave and Jennifer L. Dunn
Policy makers and scientists play critical roles in environmental governance. Partnerships between these two groups have been identified as offering beneficial solutions to environmental management problems, yet these groups often talk past each other. This is an important issue because transdisciplinary research groups must incorporate policy actors to create greater change. This chapter looks at the intersection between complex environmental problems, policymakers, scientists and solutions. The term “policymakers” is defined and interactions between researchers and policy actors are showcased within the framework of the Clean Water Act. Barriers to effective research teamwork that includes policy makers and scientists, including professional, institutional and political barriers, are discussed to help gain an understanding of why collaborations between policy makers and scientists sometimes fail, but also how they can succeed. A key element of successful collaboration between policy makers and scientists is engagement, specifically early engagement, which can overcome organizational constraints and increase trust between group members.
Designing Innovation as Collective Creation
Edited by Diane Nijs
Robert Beckman and Phan Duy Hao
On November 23, 2013, China declared an Air Defence Identification Zone (ADIZ) in the East China Sea. This ADIZ overlaps with the existing ADIZs of Japan, Korea and Taiwan. The Chinese ADIZ raised concerns from various governments and commentators in the region. First, does this ADIZ violate the principle of freedom of overflight in areas beyond territorial sea? Second, can China use the ADIZ to strengthen its claim to sovereignty over disputed islands? Third, does the declaration of an ADIZ strengthen China’s argument that foreign military aircraft have no right to engage in surveillance and reconnaissance activities in the airspace above its exclusive economic zone? Fourth, does China intend to declare an ADIZ in the airspace above the South China Sea, and if so, would this exacerbate existing disputes over sovereignty claims and maritime claims in the South China Sea? This chapter attempts to answer some of these questions. First, the chapter looks at two major principles of international law governing airspace, the principle of national air sovereignty and the principle of freedom of overflight. Second, the chapter examines the status of ADIZ under international law and provides an overview of State practice with regard to ADIZ. Third, it examines China’s ADIZ in the East China Sea and the reactions of other States to China’s East China Sea ADIZ. Fourth, it discusses the implications of a possible Chinese ADIZ in the South China Sea, especially in light of the Arbitral Award issued on 12 July 2016 in the Philippines/China South China Sea disputes. Although it has been alleged that the Chinese ADIZ is contrary to the practice of other States the practice of States that have declared ADIZs is neither uniform nor consistent. The chapter therefore recommends that interested States discuss the development of “rules of the road” for ADIZs based on best international practice in order to minimize the risk of collisions or other incidents.
Fernando Lusa Bordin
Reasoning by analogy is one of the techniques to which the legal profession turns to tackle the problems of uncertainty that every legal system poses. As a decentralized legal order which comprises neither a legislator nor a system of courts with compulsory jurisdiction, international law provides a fertile ground for the drawing of analogies. This contribution provides an overview of ways in which analogies have been used to shape international law, and of some of the resulting normative questions.