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Intellectual Property Law and Interactive Media

Free for a Fee

Series:

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 freeforafee.com, 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 2: Three Copyright Issues 69

Extract

Three Copyright Issues CHAPTER TWO Although it is certainly the case that copyright law is principally applied in order to protect the rights of content creators (and those to whom they assign rights), the law is also designed to promote progress through use—by “the people”—of creative works. In most instances, creative progress can be made when citizens either pay for the use of works or when they receive the copy- right holder’s permission to use the works without cost. However, there are numerous circumstances under which neither mone- tary exchange nor the negotiation of permissions functions as a way to encour- age further creativity via the circulation of the material among the people. For example, certain uses might be opposed by the rights holder in such a way that one can neither purchase rights nor obtain permission for use (“You may want to use our work to criticize or parody us in artistic or editorial ways”). In other instances, materials might be wanted for educational purposes in classroom situations during which neither payment nor permission seems to be a valid demand. Studying excerpts or samples may simply not justify the purchase of complete works, and the technical procedures of rights clearance may be oner- ous for large amounts of curricular material. Some works have been out of cir- Lamoureaux.indd Sec1:69 2/2/09 10:46:54 PM  intellectual property law and interactive media culation for so long that it is either diffi cult or impossible to fi nd rights holders...

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