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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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Chapter 1: Copyright 29


CHAPTER ONE Copyright Let’s consider three copyright conundrums before taking up a historical review of the legislation through which US copyright law has emerged. First: Th e fi lm • Titanic is being shown on a broadcast television network; you receive it over your digital cable service Sunday night at 7. Th e fi lm will be presented with limited amounts of advertising. You set your TiVo to record it so you can watch it later that evening. When you watch it, starting at 10 PM, you fast-forward through all the ads. Th is is probably legal. You are working on a criticism project for a fi lm appreciation class • you are taking at the university. You go to Blockbuster to rent a copy of the fi lm Titanic. However, your DVD player is on the fritz, so you borrow a video cassette copy to play in your VCR. Using your com- puter and a video deck, you “pull out” a short segment of the movie, Lamoureaux.indd Sec1:29 2/2/09 10:46:53 PM  intellectual property law and interactive media digitize it, and include it in the PowerPoint presentation you’ll do when you present your project to the class. Th is is probably legal. Later, your DVD player comes back from the shop. You go to Block-• buster and return the videotape and rent a DVD copy of the fi lm Titanic. Returning to your computer and DVD deck, you use a piece of software you bought that “rips” DVDs, and you extract the short portion...

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