My presentation discussed a handful of Indian case studies on issues involving public domain works, suggesting that the principle of free access to the public domain is more complicated than it might appear at first glance. The presentation was closely based on research published by Professor Peter K. Yu in a Special Issue of the WIPO Journal dedicated to IP and Culture, which is available her
I will be teaching International Aspects of IP Law at Monash Law School in Melbourne, Australia,
from March 14-19 2013. The course outline can be viewed here.
The thrilling December Season is now underway in Chennai. In honour of the Season, I am posting slides for a presentation that I delivered at the Oxford Indian Institute comparing approaches to classical music in the Indian Carnatic tradition and the West, and entitled “Two Solitudes: Western and Indian Musical Traditions”:
“What are the challenges that face musicians who would like to understand both Western and
Indian classical music, and what are the rewards they hope to reap? Mira T. Sundara Rajan will
provide an introduction to the Carnatic classical tradition of South India, particularly as seen
through the lens of her knowledge of the life and works of a South Indian composer who is
considered a modern classic – Indian National Poet, C. Subramania Bharati (1882-1921). She
will discuss current trends among today’s leading Carnatic musicians, including the drive
towards fusion between Indian and Western traditions, and their implications for the future of
classical music in India and beyond.”
I am delighted to announce the launch of a new blog dedicated to Indian National Poet, C. Subramania Bharati (1882-1921): subramaniabharati.com. The blog has been established by Bharati’s granddaughter, and pre-eminent Bharati scholar, Dr. S. Vijaya Bharati. She will bring a half-century of experience in Bharati studies to the blog, which promises to be an unrivalled source of truly authoritative information on the poet and insights into his work. Please take a moment to visit and enjoy!
Why does the United States not recognize moral rights for authors, and what can be done about it? Slides from my presentation at the University of Washington (Seattle) can be viewed here.
Over the next 6 weeks, I will be publishing 6 posts on moral rights at the invitation of Jeremy Phillips of the IPKat, on his 1709 Blog. The first post will deal with the use of music from the classic 1958 film “Vertigo,” directed by Alfred Hitchcock, in this year’s Oscar-winning film, “The Artist,” directed by Michel Hazanavicius. Please check them out by clicking here.
My new book on moral rights from a practice perspective will be published by Oxford University Press (New York). Moral Rights: A Guide to Global Practice is to be a 600-page companion volume to my previous book, Moral Rights: Principles, Practice, and New Technology (OUP 2011), and will examine current legislative frameworks for moral rights at the national and international levels; the specific moral rights protected; who has standing to make a claim (individuals, groups, corporations, or other legal persons); the availability of alternate legal doctrines and frameworks for the protection of moral rights; the presence of formalities, such as the requirement that moral rights be asserted in writing; the rules on copyright contracts, including the possibility of assigning or waiving moral rights; the implications of special regimes for moral rights in certain fields, such as computer software; online moral rights and digital moral rights in music, film, and traditional cultural expressions (TCE’s); evidentiary requirements; the availability and nature of remedies, including both damages, injunctive relief, and specific performance; membership in international agreements and issues of reciprocity; and proposals for law reform and their impact, or potential impact, on moral rights claims. Countries to be included in the work are the United States, Canada, Brazil, the UK, Australia, New Zealand, India, France, Spain, Germany, Austria, Italy, Hungary, Russia, India, and Japan.
Published in the Spring of 2011, this new book offers a detailed look at the non-commercial aspect of copyright law, widely known as the doctrine of authors’ moral rights. A new edition is pending, with updates on Google Books, Creative Commons, new moral rights cases from the UK, Australia, and India, analysis of state-level approaches to moral rights in the United States, and new chapters on e-books and video games. Read more
The support of the Social Sciences and Humanities Research Council of Canada (SSHRC) for the creation of this website is gratefully acknowledged.