Monday, May 16, 2016
Sam Ricketson, Melbourne Law School, and Jane C. Ginsburg, Columbia Law School, are publishing Intellectual Property in News? Why Not? in Research Handbook on Intellectual Property in Media and Entertainment (Sam Ricketson and Megan Richardson, eds., Edward Elgar, 2016) (forthcoming). Here is the abstract.
This Chapter addresses arguments for and against property rights in news, from the outset of national law efforts to safeguard the efforts of newsgathers, through the various unsuccessful attempts during the early part of the last century to fashion some form of international protection within the Berne Convention on literary and artistic works and the Paris Convention on industrial property. The Chapter next turns to contemporary endeavors to protect newsgatherers against “news aggregation” by online platforms. It considers the extent to which the aggregated content might be copyrightable, and whether, even if the content is protected, various exceptions set out in the Berne Convention permit its unlicensed appropriation.
Download the essay from SSRN at the link.