An Unhurried View of Copyright

Kaplan, Benjamin J.

doi:10.7312/kapl90322

Cited by 188 publications

(18 citation statements)

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“…A decade later a distinguished legal scholar named Benjamin Kaplan delivered a series of lectures at Columbia University School of Law that became a short, pithy, and enjoyable book called An Unhurried View of Copyright (Kaplan 1967, Kaplan 2005. And in 1968 University of Georgia law professor L. Ray Patterson published the first users'-rights-inspired history of copyright, Copyright in Historical Perspective (Patterson 1968).…”

Section: The Rootsmentioning

confidence: 99%

Afterword: Critical Information Studies

Vaidhyanathan¹

2006

Cultural Studies

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Section: The Rootsmentioning

confidence: 99%

Afterword: Critical Information Studies

Vaidhyanathan¹

2006

Cultural Studies

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“…121 A similar conclusion can also be drawn as to the choice between a legal regime of "rules" versus a legal regime of "standards." 122 In cases where the product of a legislation process 120 [142][143]. But see also text accompanying footnote 127, and the sources cited therein, regarding the claim that the judiciary might also be subjected to some of the drawbacks that characterize the legislative process according to public choice theory.…”

Section: B Public Choice the Role Of The Judiciary And Creativitymentioning

confidence: 99%

The Legacy of Feist Revisited – A Critical Analysis of the Creativity Requirement

Pessach¹

2002

Isr. law rev.

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One of the most significant court decisions in copyright law has been the United States Supreme Court's decision in Feist Pub., Inc. v. Rural Tel. Serv. Co., and its path-breaking approach towards the requirement of originality. The grant of copyright protection, in an intangible work, is conditioned upon the fulfillment of the prerequisite of originality. Until the Feist decision, Anglo-American copyright law had a long tradition of interpreting the requirement of originality as imposing a minimum standard of labor, skill or judgment in the production of a work that is not a copy of another work. In Feist, a watershed decision, which had international impact and influence, the United States Supreme Court first introduced the requirement of creativity into Anglo-American copyright law. According to the court's ruling, only works that entail a minimum standard of creativity could pass the threshold of originality and therefore be eligible for copyright protection.

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“…But with the increasing prevalence of research on book history and the history of copyright, scholars have turned to the Commission as valuable resource. This is not altogether a recent phenomenon; seminal works on copyright like Arnold 's “The Economic Aspects of Copyright in Books,” Benjamin 's An Unhurried View of Copyright and Stephen 's “The Uneasy Case for Copyright” made good use of the Commission's materials. Having appeared online several years ago as part of the Primary Sources on Copyright project, the Commission has begun to receive more attention than it had previously.…”

Section: The Royal Commission On Copyrightmentioning

confidence: 99%

Revisiting the Royal Commission on Copyright

Lauriat

2014

World Intellectual Property

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The Royal Commission on Copyright, which reported in , had the formidable task of scrutinizing the existing copyright regime from fundamental principles to minor details—on an international scale as well as on a domestic. The resulting Report and Minutes informed copyright debates in their time and decades after; they are now valuable resources for today's copyright scholars and book historians. This article addresses some modern accounts of the Commission in the academic literature on copyright and publishing history. In particular, it analyses the contribution of Sir Louis Mallet, placing it in the context of his broader economic views and free trade ideology in order to consider critically the uses that recent works of copyright history have made of Mallet's Dissent and the Commission Report.

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An Unhurried View of Copyright

Cited by 188 publications

References 0 publications

Afterword: Critical Information Studies

Afterword: Critical Information Studies

The Legacy of Feist Revisited – A Critical Analysis of the Creativity Requirement

Revisiting the Royal Commission on Copyright

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