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  • Redes sociales y medios de comunicación: desafíos legales

    Salvador-Benítez, Antonia; Gutiérrez-David, María-Estrella (EPI SCP, Barcelona, Spain, 2010-11-14)
    All trends seem to indicate that, to survive in a virtual
 environment, mass media need to incorporate some operational
 principles specific to the social media. This paper
 focusses on how the traditional Media are implementing 2.0
 tools, incorporating to their know-how a new way of interaction with users based on collaborative participation and users-generated content. Some Spanish media, such as Elpais.com for online press and RTVE.es for the audiovisual sector,represent different strategies where users are connected with each other; they share ideas, information, entertainment and projects. However, when using 2.0 tools users and media should know they are facing potential legal risks, especially related to intellectual property, personal data protection, privacy, reputation and right to publicity.
  • La ley de propiedad intelectual y su repercusión en la actividad de las bibliotecas

    Lorenzo-Escolar, Nieves (Revista Española de Documentación Científica, 2009-10)
    The article analyses the impact of legislation and new technologies on libraries in relation to intellectual property. It also examines the role libraries should play in the management of intellectual property issues as well as publishing alternatives in the academic area (Open Access, repositories).
  • Copyright, Trademark and Secondary Liability after <em>Grokster</em>

    Bartholomew, Mark (Digital Commons @ University at Buffalo School of Law, 2009-01-01)
    Even though secondary infringement doctrine in both copyright and trademark stems from the same common law starting points, the doctrines have moved in very different directions, particularly in the last decade. As copyright litigants expanded their litigation strategy to include online intermediaries, secondary copyright liability was stretched to encompass a wider array of defendants with increasingly tangential relationships to the direct infringer. Meanwhile, even though similar online threats jeopardized the ability of trademark holders to safeguard their brands' goodwill, courts refused to implement a similar expansion for secondary trademark liability. Although courts are aware of this doctrinal double standard, they offer no explanation for it. This article tries to provide that explanation by chronicling the case law in this area since the Supreme Court's decision in MGM Studios v. Grokster (a previous article traced the case law up to the Grokster decision) and comparing it to traditional rationales for imposing liability on indirect actors. The article speculates that the divergence in secondary liability standards owes more to the litigation and public relations strategies of copyright interests than obeisance to deep rooted common law principles.
  • Copyright, Trademark and Secondary Liability after <em>Grokster</em>

    Bartholomew, Mark (Digital Commons @ University at Buffalo School of Law, 2009-01-01)
    Even though secondary infringement doctrine in both copyright and trademark stems from the same common law starting points, the doctrines have moved in very different directions, particularly in the last decade. As copyright litigants expanded their litigation strategy to include online intermediaries, secondary copyright liability was stretched to encompass a wider array of defendants with increasingly tangential relationships to the direct infringer. Meanwhile, even though similar online threats jeopardized the ability of trademark holders to safeguard their brands' goodwill, courts refused to implement a similar expansion for secondary trademark liability. Although courts are aware of this doctrinal double standard, they offer no explanation for it. This article tries to provide that explanation by chronicling the case law in this area since the Supreme Court's decision in MGM Studios v. Grokster (a previous article traced the case law up to the Grokster decision) and comparing it to traditional rationales for imposing liability on indirect actors. The article speculates that the divergence in secondary liability standards owes more to the litigation and public relations strategies of copyright interests than obeisance to deep rooted common law principles.
  • A View of Copyright from the Digital Ground

    Sawicki, Andres (University of Miami School of Law Institutional Repository, 2018-01-01)

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