Author(s)

; ; ;

Publication Year

Publisher

ISBN: 9781552213537

Category:

 
View more details about this title
on the publisher's website:

 
This title can be assigned for course purchase in eBook format through Campus eBookstore:

Intellectual Property for the 21st Century

Interdisciplinary Approaches

Over the past two decades, globalization, digitization, and the rise of the Internet have each contributed to a new prominence for intellectual property law in public policy debates around the world. Questions about how intellectual property is controlled, licensed, used, and reused are all part of a growing public discourse that now engages far more than an elite cadre of lawyers. Because intellectual property law now trenches so deeply on issues of economics, culture, health, commerce, creativity, and intellectual freedom, it is no surprise that there is also a burgeoning literature on intellectual property issues that comes, not just from legal academics or lawyers, but from those trained in other disciplines. In the spring of 2012, the Centre for Law, Technology, and Society at the University of Ottawa hosted a workshop that sought to bring together academics from different disciplines interested in intellectual property law in order to stimulate discussion across disciplines, to encourage the development of collaborative efforts, and to produce a body of research that explores intellectual property law issues from explicitly interdisciplinary perspectives. The collection of papers in this book is the product of this workshop.

Contributors

B Courtney Doagoo

B Courtney Doagoo is a PhD Candidate at the University of Ottawa, Faculty of Law. Her interests in the arts and culture have led her to pursue legal issues at the intersection of intellectual property and creativity, innovation, fashion, commerce, the Internet, the arts, and Traditional Knowledge. She is a regular contributor to IP Osgoode’s IPilogue (iposgoode.ca) and the Centre for Art Law (itsartlaw.com), and is in the process of co-creating an online cultural forum colours on white background (coloursonwhitebackground.com). Since 2012 she has been a Director on the Board of MASC: Multicultural Arts | Schools | Communities (masconline.ca).

Mistrale Goudreau

Mistrale Goudreau is Full Professor at the Civil Law Section of the University of Ottawa where she has been teaching since 1982. Her areas of teaching include intellectual property, law and technology, and statutory interpretation. In the past, Mistrale Goudreau has acted as the Assistant Dean for clinical and applied teaching and the Vice Dean of the Civil Law Section of the University of Ottawa. She is a member of the executive committee of the editorial board of Les cahiers de propriété intellectuelle. She has published numerous articles on copyright, unfair competition, legislative drafting, and legal theory. She recently authored a book entitled International Encyclopaedia of Laws: Intellectual Property Law in Canada, (Alphen aan den Rijn (Netherlands): Kluwer Law International, 2013).

Teresa Scassa

Teresa Scassa is the Canada Research Chair in Information Law at the University of Ottawa, where she is also a Professor at the Faculty of Law (Common Law Section). She holds degrees in civil and common law from McGill University and an LLM and a doctoral degree in law from the University of Michigan. She is a co-founder and former co-editor of the Canadian Journal of Law and Technology, author of the book Canadian Trademark Law (Lexis­Nexis, 2010) and co-author of Electronic Commerce and Internet Law in Canada, 2d ed (CCH Canadian Ltd, 2012). She is a member of the External Advisory Committee of the Office of the Privacy Commissioner of Canada and of the Canadian Government Advisory Committee on Open Government. Dr. Scassa has written widely in the areas of intellectual property law, law and technology, and privacy. She is also the author or co-author of a number of articles on ambush marketing legislation.

Madelaine Saginur

Madelaine Saginur is the Executive Director of University of Ottawa’s Centre for Law, Technology, and Society. She is also a member of Canadian Blood Services’ Research Ethics Board. Previously, she practiced intellectual property law, and also worked as a Research Associate at University of Montreal’s Centre de recherche en droit public. She has published in the area of bioethics and health law. She holds a BSc from University of Toronto, as well as BCL & LLB degrees from McGill University.

Chapter Title Contents Contributors Pages Year Price

Preview

Discussion of the definition, merits, and challenges of interdisciplinarity, and its application to intellectual property law and legal scholarship. ; ; ; 22 $2.20

Preview

This chapter explores, from an interdisciplinary perspective, the right of copyright holders to adapt literary works into film media. From debates in other fields of study, certain theories … 18 $1.80

Preview

This chapter offers a critical analysis of copyright law that integrates insights from music. The authors argue that the unique qualities of musical works magnify the mismatch between creative … ; 29 $2.90

Preview

In the information age, law is challenged by the nature of information: expandable, diffusive, and shareable. This chapter illustrates the efficacy of an information science-based analysis, … 23 $2.30

Preview

This chapter considers whether the precautionary principle —a central element of contemporary environmental law and policy — can be usefully applied in the intellectual property … 19 $1.90

Preview

Intellectual property is ubiquitous, is the cause of all things, and we often blame it when problems arise. Its omnipresence is a measure of its sophistication, which can make it particularly … 23 $2.30

Preview

Patent law has yet to recognize the agency of multiple creators acting jointly with so-called inventors. It operates on the romantic myth of individual creation, ignoring the agency of plants, … 25 $2.50

Preview

All intellectual property law is political and cannot be understood outside of the political forces that shape it. Understanding the power relations of IP — who makes the rules, how they do … 22 $2.20

Preview

The purpose of this brief chapter is to explore the application of interdisciplinarity to intellectual property law, specifically copyright law, through the lens of feminist critiques. The paper … 19 $1.90

Preview

This chapter considers twentieth century contests over the terms of creative employment in the United States film and music industries. The sites of creative employment are pre-eminently sites of … 21 $2.10

Preview

This chapter briefly traces the historical establishment and expansion of the public performance right in musical works within those countries united by the Anglo-American legal tradition, with a … 19 $1.90

Preview

This chapter explores changes in intellectual property law as part of a changing media ecology that began during the 1970s in which IP law is a medium of control in the digital age. It will be … 22 $2.20

Preview

Copyright infringement is a widespread contemporary behaviour of commercial enterprises and private individuals. To restrain such infringements, legislators and courts have used punitive and … ; 18 $1.80

Preview

This paper examines the discursive relationship between intellectual property rights (IPRs), innovation, and theories of the information society. Using Norman Fairclough’s method, Critical … 21 $2.10

Preview

This paper seeks to combine elements from the fields of law and communication to address contemporary challenges concerning the use of exceptions within the system of copyright. The debate … 17 $1.70

Preview

The intersection of intellectual property and human rights is a relatively new site in the search for balance in intellectual property law and policy. Although this intersection opens up … 22 $2.20

Preview

This chapter criticizes Robert Merges’s attempts to show that current IP law is just on Rawls’ politically liberal theory of justice as fairness. Merges argues that IP law is just … 19 $1.90

Preview

Although Appropriation Art is often used to illustrate how freedom of speech can be constrained by expansionist copyright, such a framing oversimplifies the complex and often contested ways … ; 19 $1.90

Preview

In Cooper v Stockett, a plaintiff unsuccessfully claimed that a central character in the 2009 novel The Help was based on her and that the depiction caused her emotional harm. By analyzing the … 18 $1.80

Preview

Intellectual property law is concerned with control over the production and distribution of copies (“materially fixed expressions”) of ideas. Copies are in fact ubiquitous and the … 12 $1.20

Preview

Multidisciplinary intellectual property research often involves large-scale collaborative projects. Such projects combine not just multiple research frameworks, methods, and perspectives, but … 21 $2.10

Preview

It is now widely accepted that judicial decision making is not a neutral exercise in interpretation of established law and consequently decisions, particularly in novel areas, should take account … 16 $1.60

Preview

Academic laboratories are, increasingly, sites of commercialization. While empirical evidence about the impact of the emphasis placed upon commercialization by governments, research funding … 22 $2.20

Preview

Despite copyright’s expansion into new online spheres and technological contexts, and the increasingly interdisciplinary nature of copyright scholarship, intellectual property scholars, … 19 $1.90

Preview

Ambush marketing and its threat to brand equity have been identified as key concerns for mega sport event organizations and their sponsors. In recent years, international sport federations have … ; 21 $2.10

Preview

The chapter begins with a definitional overview of user-generated content (UGC) as a growing form of cultural and communicative activity in the digital environment. Its potential economic and … 19 $1.90