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Vol 25 No 1 Jan/Feb 2020

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Copyright, Contracts, Creators: New Media, New Rules

ISBN13: 9780857934543
Published: May 2012
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Paperback (Hardback in 2010)
Price: £33.00
Hardback edition , ISBN13 9781847201065

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The digital world has put content within arm's reach of desire. No longer can an author be satisfied that her intellectual property is safely encased in a bound book, nor can a photographer know where his work will be displayed or shared, nor can a writer rest assured that her article will be consumed in the intended magazine or newspaper. The Internet-fueled recycling of existing works into new media is the greatest challenge to copyright law. Copyright, Contracts, Creators evaluates the efficacy of current copyright law to address the contracting and use of creative works. It looks in particular at freelance works and argues that their copyright treatment on a national and international level is inadequate to resolve ambiguities in the contracting and uses of the work. Giuseppina D'Agostino discusses how historically laws and courts were more sympathetic to creators, and how the Internet revolution has shifted the scales to favor owners. Consequently, creators often find themselves at opposing ends with copyright owners, and in a disproportionately weaker bargaining position that places tremendous strain on their livelihoods. She argues that this predicament puts society at risk of losing its most valued asset: professional creators. The author calls for a new framework to justify legislative provisions and resolve ambiguities while suggesting principles and mechanisms to address the inadequate treatment of freelance work. Scholars and students of law, cultural studies, and intellectual property will find this volume a critical addition to their libraries. Beyond these, policymakers, lawyers and anyone concerned with the blurring lines of intellectual property in the age of cyberspace will welcome the author's insights.

Intellectual Property Law, Media and Entertainment Law
1. Introduction
2. Freelancers and Copyright in the Digital Era
3. The History of Copyright in Relation to the Freelancer
4. The History of Copyright Contract in Relation to the Freelancer
5. International and Regional Copyright Legislation
6. National Copyright Contract Legislation and Judicial Principles
7. Judicial Treatment of Freelance Authors in North America
8. Judicial Treatment of Freelance Authors in Continental Europe
9. Freelancers in the UK: Pre-empting a Digital Dilemma
10. Formulating an Equilibrated Theory
11. Equilibrated Solutions
12. Final Remarks Bibliography.