The law of copyright will celebrate its tricentennial in thirteen years time. First introduced in England in 1709 in response to the invention of printing, its history has been one of constant development to keep pace with significant changes in technology. In the 1990s, copyright is more topical than ever. The potential for worldwide distribution of multi-media works over the emerging Global Information Infrastructure is the latest challenge facing the copyright system. This situation has prompted ambitious programmes for copyright reform and harmonisation at national level and within the Berne Union and the European Union. It is timely therefore to reexamine the basic justifications for copyright. The first two legislative texts on copyright, the UK Statute of Anne 1709 and the Copyright Clause of the US Constitution 1787, embodied the concept that providing copyright protection for authors for a limited time would encourage and promote learning and progress and thus act for the public good. The thesis explores the underlying principles governing copyright legislation in the light of the proposition that copyright is a just and proper concept, established and developed in the public interest. In recent years, this proposition has been contested in the context of the challenges to the copyright system posed by technical developments. In this debate, the philosophical basis for copyright and its moral and economic functions have been called into question and the public interest has been invoked, not in favour of improved protection for copyright owners, but in favour of free and unfettered access by the public to copyright works. By reexamining these issues, the thesis aims to contribute to the ongoing debate on public policy in relation to copyright reform and harmonisation.

In the online culture of the 21st century, people worldwide re-create and disseminate works by using existing works. Facilitated by the Internet and digital technologies, 'online re-creations' have become much more common, more widespread, and more sophisticated than ever before. Online re-creations are new works created based on pre-existing copyright protected materials: they are for instance fan fiction, parody, mash-up, fanvid, machinima and virtual world. Due to the difficulties to obtain authorisation from right owners of the original works, online re-creations are potentially infringing the rights of copyright holders. Infringements are usually assumed to occur despite the uncertain legal status and the various nature of online re-creation. Nevertheless copyright and online re-creations are both essential. Re-creations and their online culture are beneficial to individuals and the society at large due to the three principles i.e. creativity, freedom of speech and the public interest. This thesis finds that copyright law that should encourage creative expressions has restrained and discouraged creative re-creations. Besides, the existing copyright exceptions are insufficient and ineffective to safeguard the rights of the re-creators and the interest of the public in accessing and reworking from copyright protected works. It is therefore vital to reconcile the conflicting interests: the exclusive rights of the copyright owners, the rights of re-creators and the interest of the public. To achieve a fair and reasonable balance between the conflicting rights and interests, this thesis proposes that everyone should have a right to use existing works in making creative re-use of such works without infringing copyright. The 'right to re-create' will be granted to the person whose re-creation meets all specified criteria.

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No description available.

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.

Mashups are a controversial form of music as they frequently infringe copyright in the songs they sample and these composite works are not likely to be saved by the “fair dealing” copyright exemption. Moreover, those who attempt to produce mashups legitimately by obtaining licenses to music samples encounter numerous problems, including high license fees and a complex licensing system. In light of these issues and the fact that mashups are a particularly beneficial form of music in several respects, a change to the current legal/licensing status quo would be prudent. The introduction of a compulsory licensing regime for samples would facilitate mashup creation while still protecting the interests of the underlying copyright holders, which helps strike a better balance between the copyright goals of ensuring just rewards for creators and encouraging the dissemination of creative works.

Mashups are a controversial form of music as they frequently infringe copyright in the songs they sample and these composite works are not likely to be saved by the “fair dealing” copyright exemption. Moreover, those who attempt to produce mashups legitimately by obtaining licenses to music samples encounter numerous problems, including high license fees and a complex licensing system. In light of these issues and the fact that mashups are a particularly beneficial form of music in several respects, a change to the current legal/licensing status quo would be prudent. The introduction of a compulsory licensing regime for samples would facilitate mashup creation while still protecting the interests of the underlying copyright holders, which helps strike a better balance between the copyright goals of ensuring just rewards for creators and encouraging the dissemination of creative works.

Inaug.-Diss.--Breslau. / Vita. Bibliography: p. 81-87.

Thesis (LL. M.)--York University, Osgoode Hall Law School, 1999. Graduate Programme in Law. / Includes bibliographical references (leaves 1-5 at end). Also available on the Internet. MODE OF ACCESS via web browser by entering the following URL: http://wwwlib.umi.com/cr/yorku/fullcit?pMQ39220.

Thesis (Ph. D.)--University of California, San Diego, 2002. / Vita. Includes bibliographical references (leaves 528-550).