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Vol 22 No 11 Nov/Dec 2017

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The Law of Contract Damages

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Challenges to the Creator Doctrine

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ISBN13: 9789065448767
ISBN: 9065448764
Published: August 1994
Publisher: Kluwer Law International
Format: Paperback
Price: £93.00



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Copyright is generally vested either in ""the work"" or in ""the author"". Autorship as the basis of copyright is the most common in modem copyright laws. While ""the author"" is generally equated with the ""creator"", this is not true in every situation. This study by Jacqueline Seignette explores cases in which copyright and creatorship do not coincide. She focusses on the situation in three jurisdictions: The Netherlands, Germany and The United States. In Germany the importance of creatorship for copyrights is the greatest while in US the importance of creatorship in copyright law is less pronounced. The Netherlands occupies a middle position with respect to the value which is attached to the Creator Doctrine.;An illustration of the different concepts of authorship is the fact that in American law industrial and technical adoptions and uses of works of art fall under the copyright regime while in the German case such products may have sui generis rights, not copyrights. According to the author ""the American, Dutch and German copyright laws provide an interesting cross-section of what legislation on copyright ownership at the end of the twentieth century may look like"".

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Contents:
Introduction; the historical development of the creator doctrine; the impact of the creator doctrine on the exploitation of creative works; allocation of rights according to the division of risks between creator and producer; attributing authorship and initial copyright ownership to producers - a discussion; the practical implications of the various methods for allocating rights to producers - statutory presumption of transfer, attribution of authorship and neighbouring rights; the applicability of statutory provisions allocating rights to producers - the judicial interpretation; conclusions.

Series: Information Law Series

Open Source Software and Intellectual Property Rights ISBN 9789041152282
Published June 2014
Kluwer Law International
£148.00
Variable Scope of the Exclusive Economic Rights in Copyright ISBN 9789041149152
Published May 2014
Kluwer Law International
£140.00
Codification of European Copyright Law: Challenges and Perspectives ISBN 9789041141453
Published December 2012
Kluwer Law International
£127.00
£95.00
Copyright Enforcement and the Internet ISBN 9789041133465
Published November 2010
Kluwer Law International
£108.00
Public Broadcasting and European Law ISBN 9789041125002
Published May 2008
Kluwer Law International
£108.00
£107.00
Copyright, Limitations and the Three-step Test ISBN 9789041122674
Published January 2004
Kluwer Law International
£107.00
£95.00
Data Protection Law: Approaching Its Rationale, Logic and Limits ISBN 9789041198709
Published August 2002
Kluwer Law International
£141.00
The Commodification of Information
ISBN 9789041198761
Published July 2002
Kluwer Law International
£158.00
Copyright Limitations and Contracts ISBN 9789041198679
Published February 2002
Kluwer Law International
£128.00
Copyright and Electronic Commerce
Edited by: Hugenholtz
ISBN 9789041197856
Published April 2000
Kluwer Law International
£126.00
Intellectual Property and Information Law: Essays in Honour of Herman Cohen Jehoram ISBN 9789041197023
Published January 1999
Kluwer Law International
£146.00
From Privacy Toward a New Intellectual Property Right in Persona ISBN 9789041103550
Published February 1997
Kluwer Law International
£158.00
The Future of Copyright in a Digital Environment
ISBN 9789041102676
Published July 1996
Kluwer Law International
£123.00
Copyright and Photographs: An International Survey ISBN 9789041197221
Published December 0002
Kluwer Law International
£158.00