(Re)structuring Copyright: A Comprehensive Path to International Copyright Reform

Author:   Daniel J. Gervais
Publisher:   Edward Elgar Publishing Ltd
ISBN:  

9781789902143


Pages:   384
Publication Date:   29 March 2019
Format:   Paperback
Availability:   To order   Availability explained
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(Re)structuring Copyright: A Comprehensive Path to International Copyright Reform


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Author:   Daniel J. Gervais
Publisher:   Edward Elgar Publishing Ltd
Imprint:   Edward Elgar Publishing Ltd
ISBN:  

9781789902143


ISBN 10:   1789902142
Pages:   384
Publication Date:   29 March 2019
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   To order   Availability explained
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of Contents

Contents: PART I IDENTIFYING STRUCTURAL ISSUES 1. Copyright in Common Law Jurisdictions 2. The International Emergence of Author's Rights 3. The Three-Step Test 4. Protection Thresholds: Originality and Fixation 5. Vicarious and Participative Creativity 6. A Place for Authors 7. A Place for Users PART II PROPOSED STRUCTURAL REFORMS 8. The Quadrants of Authorship 9. Structuring the Right(s) 10. Structuring Exceptions and Limitations 11. Collective and Extended Licensing 12. Formalities 14. Copyright and Development Index

Reviews

`If WIPO was instructive, then Gervais' new book is positively illuminating. From its demure law-like binding and meticulously researched pages emerge existential and ontological questions of the highest order focused, in particular, upon Gervais' concern for the stimulation, nurturing and protection of creation, talent and creativity by re-structuring copyright law to further those purposes against the complex legal background of what constitutes originality and fixation. With rhetorical flare and an infectious passion, Gervais sets out the history, and worries about the future of human progress with reference to the kinds of terra-a-terre issues we face in realms such as the MSF's entanglement with big pharma, by setting out the rather slipshod approach that has lurched forward in response to efforts of creators who have sought to protect the products of their genius.' -- AmeriQuests `This is a very well-written book filled with excellently reasoned exposition and novel ideas. . . This book will be most useful to policy makers and national legislators who are involved in any effort to reform copyright, and are looking for ways to understand and approach the task of restructuring copyright, both internationally and domestically. As an academic text, it is a thought-provoking text with novel ideas and proposals that will be of interest to any copyright scholar researching international copyright treaties and rules, as well as to any copyright student looking for controversial areas of reform to form the basis of their studies and essays.' -- Queen Mary Journal of Intellectual Property `Addressed to both academics and policy makers alike, (Re)Structuring Copyright is surely going to raise a great deal of interest among those who are interested in the elucidation of copyright norms. A highly recommended read.' -- Journal of Intellectual Property Law and Practice


Author Information

Daniel J. Gervais, Milton R. Underwood Chair in Law, Vanderbilt University Law School, US

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