Commercial exploitation of attributes of an individual's personality (name, voice and likeness) is characteristic of modern advertising and marketing. This volume provides a framework for analyzing the disparate aspects of the commercial appropriation of personality and traces its discrete patterns in the major common law systems. It considers whether a coherent justification for a remedy may be identified from a range of competing theories.

Mark Davison examines several legal models designed to protect databases, and specifically, the E.U. Directive--the history of its adoption and its transposition into national laws. Davison compares the Directive with various American legislative proposals, as well as the principles of misappropriation that are behind them. In addition, the book contains a commentary on the appropriateness of the various models in the context of arguments for international agreement on the topic.

Multimedia products have become highly successful. Yet they are often inadequately protected by existing national and international copyright schemes. This study is one of the first comprehensive, comparative analyses of multimedia works and copyright protection. Stamatoudi considers the nature of the multimedia work, and existing legislation, as well as collections and compilations, databases, audiovisual works and computer programs. Finally, she offers a model for a European legislative solution. Her work will interest academics and students, as well as lawyers and copyright policy makers.

The nature and content of intellectual property (IP) law, which is heavily contingent on the state of technology and on social and market developments, has always been subject to ongoing transitions. How those transitions are effected and the shape they take is crucial to the ability of IP to achieve its stated goals and provide the necessary climate for investment in creativity, innovation and brand differentiation. Yet the need for change can run headlong into a desire for coherence. A search for coherence tests the limits of the concept of “intellectual property,” is imperiled by...

In the twenty-first century, it has become easy to break IP law accidentally. The challenges presented by orphan works, independent invention or IP trolls are merely examples of a much more fundamental problem: IP accidents. This book argues that IP law ought to govern accidental infringement much like tort law governs other types of accidents. In particular, the accidental infringer ought to be liable in IP law only when their conduct was negligent. The current strict liability approach to IP infringement was appropriate in the nineteenth century, when IP accidents were far less frequent....

In the Second Edition of Copyright Exhaustion, copyright scholar Péter Mezei offers an expanded examination of copyright exhaustion, including its historical development, theoretical framework, practical applications, and policy considerations. He includes updated case law and statutory developments for the first-sale doctrine in the United States and in the European Union, covering both analogue and digital applications with an eye toward scrutinizing the common rejection of exhaustion in the resale of digital subject matter including computer programs, sound recordings, audiovisual works,...

Copyright is territorial, but the same cannot be said of the internet, whose borderless nature has changed the way we consume copyright-protected material. Nevertheless, territorial segmentation of online content remains a reality in the 28 member states of the European Union. Licensing and access practices do not reflect this digital reality, in which end-users demand ubiquitous access to content. For this reason, the territorial nature of copyright and traditional business models based on national exploitation prevent the completion of the Digital Single Market. Sebastian Felix Schwemer...

Using as a starting point the work of internationally-renowned Australian scholar Sam Ricketson, whose contributions to intellectual property (IP) law and practice have been extensive and richly diverse, this volume examines topical and fundamental issues from across IP law. With authors from the US, UK, Europe, Asia, Australia and New Zealand, the book is structured in four parts, which move across IP regimes, jurisdictions, disciplines and professions, addressing issues that include what exactly is protected by IP regimes; regime differences, overlaps and transplants; copyright authorship...