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Dinusha Mendis

The 28 mini markets, as the Member States in EU represent in communications and e-commerce, have particular impact in the entertainment industry, most predominantly in the music industry. Dinusha Mendis (Bournemouth University) takes us from the Paris café Ambassadeurs in 1847 to the present internet age. This Directive 2014 / 26 / EU on Collective Management of Copyright and Related Rights and Multi-Territorial Licensing of Rights in Musical Works for Online Use in the Internal Market, deals both with the organisations behind collective rights management as well as the related licenses. Keywords: copyright, licences, collective rights management,

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Dinusha Mendis

This chapter explores the implications for UK and EU registered and unregistered design rights as a result of 3D printing. The chapter commences with an overview of the design rights law in the UK and EU before moving on to a consideration of the challenges posed by 3D printing. In this context, the chapter considers the legal status of a computer aided design (CAD) file within the context of registered and unregistered design, before proceeding to consider the implications presented through infringement and possible exceptions available for users. Highlighting challenges and raising questions on design laws’ ability to provide stringent enforcement for rights holders, the chapter outlines potential recommendations, drawn from patent and copyright laws, before concluding with some thoughts for the future particularly in view of recent developments both in the UK and in the EU.

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Dinusha Mendis

This chapter explores the protection of 3D models and 3D CAD files from the perspective of copyright law and considers the copyright issues associated with 3D scanning. The chapter begins with a brief overview of the protection of 3D models as artistic works before moving to a detailed consideration of the protection of CAD files from the perspective of copyright law. In doing so, the chapter explores the current debate on whether it is possible to distinguish between instructions, aesthetics and functions in copyright law, also known as ‘separability’. The EU Software Directive as well as UK cases such as Abraham Moon & Sons Ltd v Andrew Thornber and Others and the US case of Star Atheltica LLC v Varsity Brands Inc et al are drawn upon in seeking an answer. Having done so, the final section of the chapter considers the implications for copyright law as a result of 3D scanning. Arguing that the future potential of 3D scanning will only grow, the chapter ends with suggestions for the future, particularly from the perspective of enforcement.

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Dinusha Mendis

New technologies such as 3D printing seem likely…to create…widespread consumer-driven infringements, of the sort seen in other sectors that led to the collapse of intellectual property regimes…

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Dinusha Mendis, Mark Lemley and Matthew Rimmer

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Dinusha Mendis, Mark Lemley and Matthew Rimmer

In a 2006 short story, ‘Printcrime’, Cory Doctorow imagined a dystopian future of contraband 3D printers. In the work, police try to shut down a bootleg operation engaged in the 3D printing of intellectual property. In his 2009 novel Makers, Doctorow explored the rise of the maker community, and its do-it-yourself ethic.

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3D Printing and Beyond

Intellectual Property and Regulation

Edited by Dinusha Mendis, Mark Lemley and Matthew Rimmer

This ground-breaking and timely contribution is the first and most comprehensive edited collection to address the implications for Intellectual Property (IP) law in the context of 3D Printing and Additive Manufacturing. Providing a coverage of IP law in three main jurisdictions including the UK, USA and Australia. 3D Printing and Beyond brings together a team of distinguished IP experts and is an indispensable starting point for researchers with an interest in IP, emerging technologies and 3D printing.
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Kris Erickson, Martin Kretschmer and Dinusha Mendis

In this chapter, a new concept of the public domain is developed, focusing on the commercial and noncommercial potential of derivative products. This is needed for an empirical assessment of the value of the public domain. The traditional legal definition of the public domain takes the copyright term as the starting point, and defines the public domain as ‘out of copyright’. We argue that the public domain matters to society and the economy only when it is used. This requires an assessment from a behavioural perspective, covering all uses that are possible without asking for permission. The resulting complexity (subject matter not qualifying for protection, use relating to underlying ideas, copyright exceptions, private ordering through permissive licensing) needs to be filtered by practices in the media and entertainment industries that are understood to enable unrestricted downstream exploitation. We demonstrate how this conceptual approach can be applied to empirical study in the legal setting of the UK.

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Fabian Homberg, Marcella Favale, Martin Kretschmer, Dinusha Mendis and Davide Secchi