The protection of multimedia presents a significant challenge for the contemporary legislator. Being one of the greatest technological developments and added-value assets in the Information Society, multimedia prevails as a phenomenon. However, law and practitioners treat multimedia as being many different products and services, rather than as a new 'work', since multimedia per se is not expressly protected under a single regime of protection. This perplexed situation necessitates clarification, as it is unclear what multimedia really is, and how it should be protected. It is therefore necessary to establish a clear picture of what multimedia entails, and identify which elements, factors and attributes distinguish it from other subject matters, and justify its treatment as a new 'work' rather than as an existing one. Through this analysis the proposed definition and scope of multimedia is firm, but flexible enough to accommodate future technological developments. The reasons for protecting multimedia are assessed, and different regimes of protection are compared bearing in mind the interests of authors and users, while ensuring that producers can also benefit from its commercial exploitation. Along these lines, copyright law is found to be more suitable amongst other regimes, calling for a comparison between multimedia and those copyright subject matters akin to its nature (compilations, computer programs, databases, films) that could justify its adequacy and applicability across the European Community, and worldwide. In the absence of a coherent and consistent copyright law solution, the sufficiency of other non-copyright law mechanisms of protection including contracts, technical devices, competition law, and a sui generis right is examined in the context of the Information Society. The lack of a consistent and adequate form of protection of multimedia worldwide, necessitates the introduction of a new scheme for protecting hybrid and creative multimedia works, once the supporting market and regulatory conditions are met. In the meantime, a series of preparatory actions should be taken by policy makers and market leaders in the context of a self-regulatory and user-friendly scheme of protection from which the developing multimedia market can benefit.

The construction of copyright law can be causally explained by two possible types of explanation: dialectical explanations and material explanations. I argue that an adequate causal description of the copyright discourses of Western legal systems must incorporate a material explanation in order to account for many of the general and particular characteristics of the evolution of copyright. As a vast variety of contingent and interactive social and technical conditions have caused the evolution of copyright, we should expect a plausible material explanation to be multifaceted and multi-layered. However, in addition to providing a causal sociohistorical description, a good legal explanation should also seek to include a normative account detailing the moral grounds of the law, or lack thereof. Dialectical explanations can be teleological: they can presuppose that the law is directed towards a perfect legal state and that it is essentially guided by a set of moral ideals. Material explanations, on the other hand, are essentially non-normative and do not explicitly address moral questions. But this does not entail the elimination of moral considerations from material explanations. As I aim to show, we should not address the moral and sociohistorical elements of copyright legal discourses independently because they are causally connected: moral justifications have been rhetorically used by social actors to influence lawmaking processes, and conversely, changes in technical conditions have given rise to sociotechnical formations that enable and structure the norms of copyright. Given this, I propose that lawmakers should adjudicate and legislate from a broad and flexible standpoint. They should not attempt to merely apply old principles to new problems, but should comprehend new moral norms introduced by new conditions, and balance them against the older, more established principles enshrined in traditional intellectual property theories. / Thesis (Master, Philosophy) -- Queen's University, 2008-09-30 14:55:33.895

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Our study pertains to the contractual overridability of copyright by the use of end user licence agreements. Our analysis is divided into three parts: first, we try to solve which legislator is responsible of the contractual overridability of copyright according to Canadian federalism. In the second part, we examine the contractual overridability issue under copyright law and we consider multiple doctrines that can be used to protect the copyright balance and its exceptions. The third part, is devoted to the study of the contractual overridability under provincial private law. / Under copyright law, the most important remedies are definitely the copyright balance and exceptions imperativity and the copyright misuse doctrine. Private law can already be used to intervene under the true and informed consent requirements, the Consumer Protection Act specificities and the abuse of right theory.

The present study deals with the prerogatives associated with work distribution in copyright law. The first part is devoted to the droit de destination and the exhaustion doctrine. We will illustrate each one with legislative and jurisprudential examples. While these theories are often regarded as opposite, they in fact are dissimilar juridical solutions. The exhaustion doctrine derives from an economic conception of copyright law whereas the droit de destination originates from natural law focussed on the interests of the author. The second part is concerned with the fact that a coherent theory on work distribution in Canadian copyright law has yet to be established. It will be shown how the legislator and the jurisprudence have developed means to assure that, after the first distribution of the work, the copyright holder is still in the position to control some of its use. Finally, I will proceed to analyse the regime that deals specifically with parallel imports allowing the copyright holder to supervise imported works.

Mashups—texts composed by combining portions from several original texts—are a new literary form. In order to better understand this form, I have created my own literary mashup, Buchstauben, which allowed me to encounter first-hand the nuances of the form. As such, my thesis consists of both my own literary mashup, Buchstauben, as well as a critical component, in which I explore the history of the mashup, from the Classic poetic technique of the cento to the modern work of mashup artists such as Girl Talk. The critical component also serves as a reflection on my own experiences in composing a mashup, and the challenges this form poses to mashup artist, especially in light of contemporary copyright concerns.

Rapid advancement in technology and increased trade across national borders led to an international trend towards valuing technology and knowledge-based assets. Consequently, there is a growing recognition that adequate intellectual property protection of all forms - patents, trademarks, copyrights, and trade secrets ?? are necessary in order to sustain a firm??s competitive advantage created by these assets. The importance of protecting intellectual property rights is particularly crucial in cultural industries such as music industry. By examining the link between the operation of multinational recording companies and the institutional environment of copyright in Korea, this thesis attempts to demonstrate the role of MNEs in shaping the institutional environment of the host country. \r\n\r\nThe institutional perspective provides the theoretical foundation for this thesis. The focus of the institutional theorists in International Business so far has been limited to the unidirectional flow of influence in the host country institution and MNE link ?? MNE as an organisation shaped by host country institution. By examining three aspects of copyright institution of Korea ??regulative, industrial and cognitive aspects- we contend that institutional environment is not static, but evolves dynamically over time and the evolution reflects the dual institutional pressure. That is, institutions both affect and are affected by MNEs.

Thesis (LL. M.)--University of Toronto, 2004. / Adviser: Abraham Drassinower. "A thesis submitted in conformity with the requirements for the degree of Master of Laws, Graduate Department of Law, University of Toronto."

Thesis (LL. M.)--University of Toronto, 2005.

Thesis (LL. M)--University of Toronto, 2005. / Includes bibliographical references.