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Intellectual Property Law and Interactive Media

Free for a Fee


Edward Lee Lamoureux, Steven L. Baron and Claire Stewart

Now in its second edition, this book offers a comprehensive treatment of intellectual property law and interactive media. Having been thoroughly updated, this edition captures emerging trends and issues in a shifting landscape (including international contexts and games/virtual worlds), legislative and judicial history, and the efforts to balance public and private interests. It explains the details relating to procedural issues in connection with each of the varied and unique forms of intellectual property management (copyright, patent, open source/open publishing, trademark, trade secrets, personal torts – right of publicity, privacy, defamation – and digital rights management) and registration.
Each chapter now includes a section that clearly introduces the fundamentals of the IP law aspect highlighted in the chapter. Each chapter also includes a new section dedicated to emerging Issues.
Case coverage is revised in two important ways: the bulk of the case analyses have been moved to a second volume, Case Analyses for Intellectual Property Law and New Media (Baron, Lamoureux, and Stewart); and references to cases in the primary text direct readers to pertinent sections in the new book.
The coverage allows this second edition to serve as an excellent resource for undergraduates studying interactive media, as well as being a primer for first year IP law students, a handbook for entrepreneurs, a guidebook for general lawyers to assist in referrals, and an interesting read for those simply curious about the field.
The books are supplemented by, a blog providing textual updates, online links to bibliographic materials, and extensive resource aggregation. Learning objectives for each chapter and a glossary of key terms is provided within the texts.


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Acknowledgments xi Introduction 1 Shifting from Public to Private Interests 1 Property Law Governing Products of the Mind 5 Information Stewards’ Rights and Responsibilities 9 Types and Categories of Intellectual Property Law 11 Finding, Reading, and Analyzing the Sources of Intellectual Property Law 16 Organization of the US Court System 17 Specialized Tribunals for Certain Intellectual Property Disputes 18 How to Locate Intellectual Property Law 19 Reading the Law 20 Preview 26 Discussion Questions 26 Lamoureaux.indd v 2/2/09 10:46:51 PM vi intellectual property law and interactive media Chapter 1: Copyright 29 Legislative Development of US Copyright Law 34 Copyright Legislation: 1780–1910 34 Early English Infl uences 34 Early American Scene 35 20th Century US Copyright Legislation: 1913–1950 40 20th Century US Copyright Legislation: 1950–1976 40 20th Century US Copyright Legislation: 1976–1998 42 20th Century US Copyright Legislation: 1998 45 20th Century US Copyright Legislation: 1999–2005 51 Compulsory Licensing 52 Pending Legislative Action 53 Traditional Media Copyright Cases with New Media Implications 55 New Media Cases and Copyright Law 58 DeCSS and DVD-Related DMCA Cases 61 Copyright Term Extension and Eldred 62 Peer-to-Peer File Sharing 64 Summarizing Copyright and New Media 66 Discussion Questions 67 Chapter 2: Three Copyright Issues 69 Fair Use 70 Purpose and Character of the Use: Parody and 2Live Crew 73 Nature of the Work: J.D. Salinger’s Unpublished Letters 75 Amount and Substantiality: Cake-Decorating Instruction Booklets 76 Market Effect: Hustler v. Moral Majority 77 Fair Use in Practice 78 De...

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