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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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Notes 253


Notes Introduction 1. Waxer and Baum 13. 2. Lessig, Free Culture 199–207. 3. Th e Copyright Offi ce completed a study in 2006 making recommendations for orphaned works. Th eir report is available at . Th e report sug- gested that legislation modify the Copyright Act with regard to orphaned works. Two of the legislators who encouraged the offi ce to undertake the report, Sen. Patrick Leahy (VT) and Rep. Howard Berman (CA), have sponsored legislation for changes (see Oswald). However, as with most copyright-related legislation, there is signifi cant contestation surrounding these proposals. 4. Th e historical normalcy of extensions was a key feature in Eldred v. Ashcroft, discussed in Chapter 1. A chart summarizing when works enter the public domain may be found in various places on the Internet, including: and . 5. Litman, Digital Copyright 35–69. 6. Association of Research Libraries. 7. After three years of study, the Library of Congress’s Section 108 Study Group has issued its report and recommendations concerning many of the issues surrounding digital preserva- tion and archives. Th e report is available at . 8. Anderson 170–77. 9. Th e Copyright Act is found at 17 U.S.C. § 101 et seq. Th e Patent Act is found at 35 U.S.C. § 1 et seq. Th e Trademark Act is found at 15 U.S.C. § 1051 et seq. 10. Uniform Trade Secrets Act . 11. 18 U.S.C. § 1831 et seq. 12. Garner 293. 13. Garner 1443. 14. H.R. 683. 15. Statistics available at . 16. Plitch 1. 17....

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