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Persistent link: https://www.econbiz.de/10012715297
This paper makes a detailed analysis on how parody affects the fashion industry. In addition, the scope of this paper is to advocate the need for a better balance between parody and fashion, which can be arranged by affixing the Trade Mark Dilution Revision Act. This paper starts by making a...
Persistent link: https://www.econbiz.de/10012850549
In the British Academy of Songwriters, Composers and Authors (BASCA) and others v Secretary of State for Business, Innovation and Skills case, the High Court of Justice in matter of private copy exception provides the twofold prime opportunity to shed light on the state of the art of copyright...
Persistent link: https://www.econbiz.de/10012855923
Regulatory arbitrage — defined as the manipulation of regulatory treatment for the purpose of reducing regulatory costs or increasing statutory earnings — is often seen in heavily-regulated industries. An increase in the regulatory nature of copyright, coupled with rapid technological...
Persistent link: https://www.econbiz.de/10012899681
The agenda of the EU includes the harmonisation or unification of laws of its Member States for promoting the common market, improving free movement of goods, free movement of capital, free movement of services, and free movement of people. This also applies to copyright law. However,...
Persistent link: https://www.econbiz.de/10012925305
For well over a century, legislators, courts, lawyers, and scholars have spent significant time and energy debating the optimal duration of copyright protection. While there is general consensus that copyright's term is of legal and economic significance, arguments both for and against a lengthy...
Persistent link: https://www.econbiz.de/10012890093
This article covers the copyright theft lawsuit brought by the family of the great soul singer, Marvin Gaye, against singer/songwriters Robin Thicke and Pharrell Williams over their hit, “Blurred Lines”. The case goes to the very heart of how we define what is creative and innovative, the...
Persistent link: https://www.econbiz.de/10013026711
A growing conventional wisdom argues that copyright restricts artists' ability to fulfill their creative potential and to express themselves freely in their art. But this conventional wisdom misunderstands the role that copyright plays in fostering and enabling artistic freedom. To understand...
Persistent link: https://www.econbiz.de/10012992760
Interpretation of copyright limitations and exceptions is restrictive under EU law system. Likewise is in Spain. Nevertheless, several Member States decisions concerning online infringements have been ruled sheltering the use of a copyrighted work - without owner's authorization - by limitations...
Persistent link: https://www.econbiz.de/10012994584
The European Union (EU) legislative activity in the field of copyright has so far been mainly based on what is now Article 114 of the Treaty on the Functioning of the European Union (TFEU), which allows the EU to harmonise national laws for the establishment and functioning of the internal...
Persistent link: https://www.econbiz.de/10013000185