Media, technology and copyright: integrating law and by Michael A. Einhorn

By Michael A. Einhorn

Media, know-how and Copyright is an interdisciplinary paintings that applies monetary thought to significant topical concerns within the legislation of highbrow estate. in response to the author’s expert adventure as a professor, lecturer, and advisor, the quantity represents the 1st full-length attention of the various subject matters of legislation and copyright via a certified economist. establishing chapters of the ebook contain concerns within the analog area, together with the economics of infringement, reasonable use, estate damages, legal responsibility principles, obligatory licensing, and exposure rights. Chapters on electronic rights contain themes concerning software program, databases, and cyber-law, together with electronic rights administration, file-sharing, tune licensing, deep linking, framing, and contributory infringement. the writer additionally brings fiscal insights to festival legislation for highbrow estate, together with antitrust, copyright misuse, and purposes within the ecu Union. Written in non-technical language for an interdisciplinary viewers of legal professionals, economists, scholars, artists, and execs within the content material undefined, the ebook offers a complete learn for someone drawn to the problems surrounding highbrow estate rights.

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C. § 107 (2000). Rosemont Enterprises Inc. v. , 366 F. 2d 303, 306 (2d Cir. 1966), cert. S. 1009, 87 S. Ct. 714, 17 L. Ed. 2d 546 (1967). C. § 107 (2000). The purpose and intent implicates the introduction to Section 107, which identifies a category of uses of key concern to the drafters of the Copyright Act. The distinction regarding commerciality may sometimes be ambiguous. See Worldwide Church of God v. , 227 F. 3d 1110 (9th Cir. 2000), Marobie-FL, Inc. v. National Assoc. of Fire Equipment Distributors, 983 F.

In nuisance cases, ‘failure to show actual damages ... 150 So long as damages are paid, injunctions are rare. The authors point out that assets which can be appropriated through efficient negotiation are best protected by property rules, while those that may encounter predictable licensing difficulties should be subject to liability rules and ex post compensation. The key determinant would be the expected transactions cost needed to obtain agreement. Based on expected transactions costs, it is then entirely reasonable to consider different means of compensating rights holders, depending on whether or not copying is transformative, market exchange is not predictable and negotiation is ‘thin’.

However, ‘there are no absolute rules as to how much of a copyrighted work may be copied and still be considered a fair use’ (Maxtone Graham v. Burtchaell, 803 F. 2d 1253 (2d Cir. 1986), cert. S. 1059, 107 S. Ct. 2201, 95 L. Ed. 2d 856 (1987)). Ronald H. Coase, ‘The Problem of Social Costs’, 3 Journal of Law and Economics 1 (1960). Transaction costs would broadly include drafting, bargaining, performance safeguarding, renegotiation, monitoring and enforcement. E. Williamson, The Economic 40 Media, technology and copyright Institutions of Capitalism 20–22 (Glencoe, NY: Free Press, 1985).

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