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Free speech has positive dimensions of enablement and negative dimensions of non-restraint, both of which require protection for democracy to have substantial communicative legitimacy. In Democracy of Expression, Andrew Kenyon explores this need for sustained plural public speech linked with positive communicative freedom. Drawing on sources from media studies, human rights, political theory, free speech theory and case law, Kenyon shows how positive dimensions of free speech could be imagined and pursued. While recognising that democratic governments face challenges of public communication and free speech that cannot be easily solved, Kenyon argues that understanding the nature of these challenges (including the value of positive free speech) at least makes possible a democracy of expression in which society has a voice, formulates judgments, and makes effective claims of government. In this groundbreaking work, Kenyon not only reframes how we conceptualize free speech, but also provides a roadmap for reform.
This collection of essays, by leading scholars and practitioners from a range of countries, pays homage to a pre-eminent figure in the field of intellectual property: Sam Ricketson. Inspired by the breadth of Ricketson’s work, the contributions explore issues from a perspective that looks across the field – in particular, across the regimes, jurisdictions, disciplines and professions of IP. Topics explored across the regimes include the nature of IP subject matter, overlaps in protection, historical connections between copyright and patents and the transplantation of civil law moral rights to common law copyright. In across jurisdictions, chapters address, inter alia, the application of private international law to cross-border IP disputes, the Berne Convention and AI-authored works, how countries might exit the Berne Convention and dispute settlement under TRIPS. The intersection of copyright and privacy laws, the relationship between privacy, personality and trade mark laws, the teaching of IP and human rights and the conduct of empirical and historical research in IP are among the matters considered across disciplines. Contributions across professions include the participation of scholars in IP policy making, the IP textbook in legal practice, and the role of expert evidence in IP litigation.
In recent decades, empirical research has developed across many areas of intellectual property law. This chapter examines challenges that can arise in conducting, or drawing upon, empirical research in IP law. These include assessing a study’s value in terms of methodology, sample choice and size, execution and reporting, as well as the conclusions that might reasonably be drawn from the research. As IP scholars generate more empirically informed research, there can be value in asking whether the studies are robust and well executed, whether they reveal information or viewpoints previously not recognised, and whether they produce work from which legal or scholarly lessons can be drawn. Robust, well-conducted and analysed empirical studies may provide insights that develop IP scholarship in new ways and potentially improve policy and decision making. This underlines the importance of not being complacent about empirical analysis but being open to rigorous questioning, both individually and collectively, about our practices.
Using as a starting point the work of internationally-renowned Australian scholar Sam Ricketson, whose contributions to intellectual property (IP) law and practice have been extensive and richly diverse, this volume examines topical and fundamental issues from across IP law. With authors from the US, UK, Europe, Asia, Australia and New Zealand, the book is structured in four parts, which move across IP regimes, jurisdictions, disciplines and professions, addressing issues that include what exactly is protected by IP regimes; regime differences, overlaps and transplants; copyright authorship and artificial intelligence; internationalization of IP through public and private international law; IP intersections with historical and empirical research, human rights, privacy, personality and cultural identity; IP scholars and universities, and the influence of treatises and textbooks. This work should be read by anyone interested in understanding the central issues in the evolving field of IP law.
Defamation and privacy are now two central issues in media law. While defamation law has long posed concerns for media publications, the emergence of privacy as a legal challenge has been relatively recent in many common law jurisdictions outside the US. A number of jurisdictions have seen recent defamation and privacy law reforms, which have often drawn on, or reacted against, developments elsewhere. This timely book examines topical issues in defamation and privacy law focused on media, journalism and contemporary communication. Aimed at a wide legal audience, it brings together leading and emerging analysts of media law to address current and proposed reforms and the impact of changes in communication environments, and to re-examine basic principles such as harm and free speech. This book will be of interest to all those working on commonwealth or US law, as well as comparative scholars from wider jurisdictions.