Maps in Italian atlases of the sixteenth century,being a comparative list of the Italian maps issued by Lafreri,Forlani, Duchetti,Bertelli and others,found in atlases

ABSTRACT

In 1771, Daniel Paterson entered into a publishing agreement with the bookseller Thomas Carnan to print and publish a travel itinerary known as Paterson’s Roads. This book was to become the most enduringly popular practical road book of the period. However, Paterson and Carnan were soon embroiled in litigation. This article examines the legal cases that arose when the geographical information contained in Paterson’s Roads was re-used, and improved upon, in a subsequent publication. It explores the background to the cases, focusing on what they reveal about the inner workings of the book and map trade of the period, as well as considering some of the broader historical ramifications. The article also demonstrates that these cases are of ongoing legal significance because they played an important role in developing some of the doctrines and principles of copyright law that continue to be controversial today.     

数字时代博物馆版权例外制度的困境与出路

全球博物馆在技术发展的加持下进入了新的发展阶段,数字化建设、藏品资源分享以及文创产品开发成为博物馆“角色转变”的新标杆。然而,现有的版权例外规则并不能满足博物馆的发展需求,更无法契合博物馆开放的馆藏作品的传播姿态,无力贴合博物馆文创产业发展的诉求。基于此,有必要通过适当放宽博物馆数字化建设的版权例外空间、合理延伸博物馆藏品传播的版权例外适用范围以及高效运用法定许可规则助推博物馆文创产业发展等措施,实现我国博物馆版权例外制度在数字时代下的良性变革。     

Intellectual property and the licensing of Canadian government geospatial data: an examination of GeoConnections' recommendations for best practices and template licences

In Canada, Crown copyright permits government to assert control over its works. These Crown rights have often been justified on the basis that government must assert intellectual property rights so as to be better able to control the accuracy, integrity and quality of any information that reaches the public through Crown works. In this article, the authors examine GeoConnections' template agreements for the licensing of government geographic data. They argue that not only is the basis and scope of claims to intellectual property rights uncertain, the objectives of quality control, data integrity and accuracy do not appear to motivate the licence terms. The uncertainty as to the legal basis of the intellectual property claims is significant, as licences of this kind may give support to otherwise weak downstream claims by third parties to copyright in data products generated through the use of geographic data provided by the Crown.     

The Australia-US free trade agreement’s impact on Australia’s copyright trade policy

The Australia-US Free Trade Agreement (AUSFTA) required extensive changes to Australian copyright law. This paper assesses the impact of these changes one decade on. It considers, first, whether the costs and/or benefits predicted in 2004 have eventuated, finding clear evidence that AUSFTA has undesirably constrained domestic copyright policy, but no clear evidence either of the feared financial costs to society, or, importantly, the touted benefits to copyright owners. The most significant impact of AUSFTA’s copyright provisions, however, appears to have been on Australia’s copyright trade policy. Pre-AUSFTA, Australia promoted multilateral standards and mostly sought to comply with, but not exceed, international IP standards. Post-AUSFTA, Australia has pursued an approach akin to that of the US: endorsing international copyright rules that are significantly stronger, and more detailed. The paper queries whether this shift has been in Australia’s national interest, and raises interesting questions of path-dependence in policymaking and trade negotiations that warrant more, and broader attention in the literature.     

Legal issues with volunteered geographic information

Volunteered geographic information (VGI) is a relatively new and rapidly developing activity with varying degrees of organization and legal sophistication that involves host sites, contributors, and users. VGI related activities raise a variety of legal issues, from intellectual property to liability, defamation, and privacy. These issues may affect the rights and obligations of all those who use or participate in VGI activities. This article provides an overview of some of these legal considerations from the perspectives of the host, contributor, and user respectively.     

The artist’s resale right revisited: a new perspective

This paper revisits the debate concerning the legal provisions of the artist’s resale right with the aim of providing some new perspectives. Using recently released empirical studies, the paper argues that while resale right payments may be concentrated on established artists in value terms, small amounts will be paid to a large number of relatively unknown artists, particularly in the European market where lower value transactions are large in number. By drawing on the non‐economic literature on pricing art in the primary art market, the paper suggests the rationales of the resale right, often seen as invalid in the past, may actually be valid. Art dealers will be faced with complex economic impacts as the resale right is legislated.     

Hollywood,the MPAA,and the formation of anti-piracy policy

Combating piracy is fundamental to the policy ‘priorities’ of the Motion Picture Association of America, the trade association representing the major Hollywood entertainment corporations. As the MPAA implements a multitude of actions to fight piracy, it is impossible to locate the formation of the Association’s anti-piracy policy in any single source. Instead, this article sees MPAA anti-piracy policy as formed across three fronts: the legal, through anti-piracy litigation; the political, by the MPAA joining with other trade groups from across the copyright industries to lobby for stronger domestic copyright laws and influence US trade policy; and the discursive, seen in the production of statistics to evidence the value of copyright to the US economy and consequent harms caused by piracy. Examining these actions confirms the cultural and economic influence of MPAA policy but the article is also concerned with how Hollywood’s anti-piracy efforts are challenged and contested from various directions.     

Discourse,justification and critique: towards a legitimate digital copyright regime?

Digitization and the internet have posed an acute economic challenge to rights holders in the cultural industries. Faced with a threat to their form of capital accumulation from copyright infringement, rights holders have used discourse strategically in order to try and legitimate and strengthen their position in the digital copyright debate with governments and media users. In so doing, they have appealed to general justificatory principles – about what is good, right, and just – that provide some scope for opposition and critique, as other groups contest their interpretation of these principles and the evidence used to support them. In this article, we address the relative lack of academic attention paid to the role of discourse in copyright debates by analysing user-directed marketing campaigns and submissions to UK government policy consultations. We show how legitimacy claims are justified and critiqued, and conclude that amid these debates rests some hope of achieving a more legitimate policy resolution to the copyright wars – or at least the possibility of beginning a more constructive dialogue.     

鲁迅的版权观念与实践

鲁迅是中国新化运动的名作家。他为了新学革命,曾自动不要稿酬,自费赔钱出书,放弃版权。同时,他为了维护作家的权益,曾无情地揭露和抨击了国民党政府审查机关对作稿的查禁、删改及对作家的迫害;他为了维护自己的版税权利,几乎与北新书局对簿公堂。鲁迅的版权意识的觉醒,在中国近代版权史上具有典型意义。