Copyright Illuminated: Refocusing the Diffuse US Statute

Front Cover
Kluwer Law International B.V., Jan 1, 2008 - Law - 571 pages


For several decades now David Nimmer has maintained a steady flow of insightful, witty, and deeply-informed commentary on copyright in the law journals. His well-earned reputation as a major authority and theorist on copyright law is unassailable.

In this new volumeand a companion to his very well received Copyright: Sacred Text, Technology, and the DMCA, published by Kluwer in 2003and Nimmer once again tackles some of the thorniest issues that arise in the practice of copyright law, including the following and much more:

and the work for hire doctri?

and repeat infringers;

and fair use determination; and

and substantial similarity of computer programs.

Although the volume collects articles originally published between 1988 and 2006 (mostly in the past few years), Nimmer has scrupulously updated the texts and woven them together into a unified whole. What the book offers as a result is a microscopic scrutiny of the U.S. Copyright Act of 1976 and all its amendments, with an immeasurable abundance of interpretation grounded in the authorand s unmatched familiarity with the law and its application. This is a work that no lawyer handling copyright casesand or indeed no student or scholar of any branch of intellectual property lawand will want to be without.

 

Contents

CHAPTER
22
c
23
249
38
At Enactment
48
2
60
4
72
1
80
3
93
1
281
2
290
3
302
7
306
1
315
4
333
CHAPTER SEVEN
340
AfterWord
348

Listening to Mel
121
Strategies for Moving Forward
151
After Word
157
I
165
Domestic Implications
174
C
179
Effects Abroad
189
Conclusion
192
A Smattering of Cases
201
CHAPTER THREE
206
Chapter Four
213
Evaluation
221
Mel Nimmer the Copyright Legislator
230
Effect on Public Interest
232
Sound Recordings WorksforHire and the TerminationofTransfers
238
II
242
Lessening Confusion in Copyrights WorkforHire Doctrine
257
2
258
Conclusion
263
II
271
3
277
Fairest of them All and Other Fairy Tales of Fair Use 357
381
Chapter Nine
387
7
390
C
394
D
401
Preemption of Community Property Laws Affecting Copyrights
411
Evaluating Worth 399
415
A Proposed Resolution
421
Chapter Eleven
427
Moral Rights
436
Act of 1995
457
Decision of the Court
462
Plagiarism
478
22
495
Moral
498
23
508
Conclusion
532
Chapter Thirteen
535
CHAPTER THIRTEEN
538
The Challenges of Technology
545
CODA
555

Common terms and phrases

About the author (2008)

Steve Voake is the author of all the Daisy Dawson books, as well as two novels for older readers. He lives in Somerset, England.

Jessica Meserve is the illustrator of all the Daisy Dawson books as well as other books for children. She lives near Boston, Massachusetts.

Bibliographic information