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Intellectual Property Rights in Industry-sponsored University Research

Author:

Publisher: National Academies

Published: 1993-01-15

Total Pages: 40

ISBN-13:

In 1988, a Roundtable committee, in conjunction with the Industrial Research Institute, developed a set of model agreements to streamline the negotiation process. The intent was that these models would decrease the time and effort needed to develop a research agreement, as well as provide a starting point for companies and universities new to negotiating agreements. In general, the models were well received by the academic and industrial communities. However, one concern, intellectual property rights, continues to pose significant hurdles to successful negotiation. Intellectual Property Rights in Industry-Sponsored University Research: Guide to Alternatives for Research Agreements identifies the contentious issues related to intellectual property rights and develops contract language that makes it easier to negotiate agreements for industry-sponsored university research. This report clarifies issues that cross institutional boundaries when university-industry research agreements are negotiated.

Transformativeness and the Derivative Work Right

Author: R. Anthony Reese

Publisher:

Published: 2012

Total Pages: 0

ISBN-13:

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Copyright law grants copyright owners certain exclusive rights in their works, but those rights are expressly limited by the fair use doctrine: any use of a work that qualifies as a fair use does not infringe on the work's copyright. In 1994, in Campbell v. Acuff-Rose Music, Inc., the Supreme Court announced that an essential part of the inquiry into whether a particular use is fair is determining whether the use is “transformative,” and that transformative uses are more likely to be fair uses. The rise of transformativeness as an explicit, important aspect of fair use analysis has potential implications for the copyright owner's exclusive statutory right to prepare derivative works based on her copyrighted work, since derivative works seem, by definition, to involve some transformation of the underlying work. Commentators have therefore worried that the emphasis that the Supreme Court placed on transformativeness in fair use analysis will affect the scope of the copyright owner's right to control forms in which her work is transformed. This Essay explores the nature of the relationship between the derivative work right and the fair-use inquiry into transformativeness by examining all published circuit court opinions (41 published opinions in 37 cases) between the Supreme Court's decision in Campbell and the end of 2007 that apply the statutory fair use analysis and offer some discussion of fair use transformativeness, or the derivative work right, or both. The Essay draws two conclusions from the cases. First, the courts have not viewed the preparation of any derivative work as necessarily transformative, and therefore the preparation of a derivative work is not in itself necessarily more likely (given the favored status of transformative uses) to constitute fair use. Second, appellate courts have not viewed the preparation of a derivative work -- or indeed any transformation or alteration of a work's content -- as necessary to a finding that a defendant's use is transformative, but have instead focused on whether the purpose of the defendant's use is transformative.

Copyright Law and Derivative Works

Author: Omri Rachum-Twaig

Publisher: Routledge

Published: 2018-11-19

Total Pages: 206

ISBN-13: 0429799403

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Copyright law regulates creativity. It affects the way people create works of authorship ex-ante and affects the status of works of authorship significantly ex-post. But does copyright law really understand creativity? Should legal theories alone inform our regulation of the creative process? This book views copyright law as a law of creativity. It asks whether copyright law understands authorship as other creativity studies fields do. It considers whether copyright law should incorporate non-legal theories, and if so, how it should be adjusted in their light. For this purpose, the book focuses on one of the many rights that copyright law regulates – the right to make a derivative work. A work is considered derivative when it is based on one or more preexisting works. Today, the owner of a work of authorship has the exclusive right to make derivative works based on her original work or to allow others to do so. The book suggests a new way to think about both the right, the tension, and copyright law at large. It proposes relying on non-legal fields like cognitive psychology and genre theories, and offers new legal-theoretical justifications for the right to make derivative works. As the first book to consider the intersection between copyright law, creativity and derivative works, this will be a valuable resource for students, scholars, and practitioners interested in intellectual property and copyright law.

Yes Rasta

Author:

Publisher: powerHouse Books

Published: 2000

Total Pages: 0

ISBN-13: 9781576870730

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Essay by Perry Henzell A look into the secluded world of Rastafarians, a culture and religion closed to outsiders. With these bold portraits and landscapes, Cariou indelibly captures the strict, separatist, jungle-dwelling, fruit-of-the-land lifestyle, popularised by reggae legends Bob Marley and Peter Tosh. The book's release follows that of a collaborative reggae CD. With 105 tritone photos. '...the photos will stun you with the beauty of their locations and the poise and tranquillity of their subjects' - Newsday

Pricing Derivative Securities

Author: Eliezer Z. Prisman

Publisher: Academic Press

Published: 2000-09-14

Total Pages: 788

ISBN-13: 9780125649155

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CD-ROM contains: MAPLE student version 5.0; online version of text; MATLAB GUI; IDEAL software (embedded in online text).

Derivatives Markets and Analysis

Author: R. Stafford Johnson

Publisher: John Wiley & Sons

Published: 2017-08-21

Total Pages: 1001

ISBN-13: 1118240723

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A practical, informative guide to derivatives in the real world Derivatives is an exposition on investments, guiding you from the basic concepts, strategies, and fundamentals to a more detailed understanding of the advanced strategies and models. As part of Bloomberg Financial's three part series on securities, Derivatives focuses on derivative securities and the functionality of the Bloomberg system with regards to derivatives. You'll develop a tighter grasp of the more subtle complexities involved in the evaluation, selection, and management of derivatives, and gain the practical skillset necessary to apply your knowledge to real-world investment situations using the tools and techniques that dominate the industry. Instructions for using the widespread Bloomberg system are interwoven throughout, allowing you to directly apply the techniques and processes discussed using your own data. You'll learn the many analytical functions used to evaluate derivatives, and how these functions are applied within the context of each investment topic covered. All Bloomberg information appears in specified boxes embedded throughout the text, making it easy for you to find it quickly when you need or, or easily skip it in favor of the theory-based text. Managing securities in today's dynamic and innovative investment environment requires a strong understanding of how the increasing variety of securities, markets, strategies, and methodologies are used. This book gives you a more thorough understanding, and a practical skillset that investment managers need. Understand derivatives strategies and models from basic to advanced Apply Bloomberg information and analytical functions Learn how investment decisions are made in the real world Grasp the complexities of securities evaluation, selection, and management The financial and academic developments of the past twenty years have highlighted the challenge in acquiring a comprehensive understanding of investments and financial markets. Derivatives provides the detailed explanations you've been seeking, and the hands-on training the real world demands.

Shareholder Derivative Litigation

Author: Ralph C. Ferrara

Publisher: Law Journal Press

Published: 2013-08-28

Total Pages: 1180

ISBN-13: 9781588520685

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Written for both the expert and the novice, this book not only reviews the legal framework for derivative actions but also provides a practical guide to the application of legal principles. Shareholder Derivative Litigation: Besieging the Board reviews each of the legal doctrines relevant to derivative actions, including the demand and standing requirements, potential board responses to demands, the use of special litigation committees, procedural issues in derivative litigation and the business judgment rule's application to derivative litigation. This comprehensive legal study features an up-to-date listing of state derivative action statutes and rules, plus analysis of other significant developments, such as the effect of the Dodd-Frank Wall Street Reform and Consumer Protection Act on shareholder derivative litigation and recent case law concerning the demand requirement and attorneys' fees. It also delivers a wealth of useful working tools, including an easy to follow flow chart, relevant code sections and model forms.

Algorithmic Differentiation in Finance Explained

Author: Marc Henrard

Publisher: Springer

Published: 2017-09-04

Total Pages: 112

ISBN-13: 3319539795

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This book provides the first practical guide to the function and implementation of algorithmic differentiation in finance. Written in a highly accessible way, Algorithmic Differentiation Explained will take readers through all the major applications of AD in the derivatives setting with a focus on implementation. Algorithmic Differentiation (AD) has been popular in engineering and computer science, in areas such as fluid dynamics and data assimilation for many years. Over the last decade, it has been increasingly (and successfully) applied to financial risk management, where it provides an efficient way to obtain financial instrument price derivatives with respect to the data inputs. Calculating derivatives exposure across a portfolio is no simple task. It requires many complex calculations and a large amount of computer power, which in prohibitively expensive and can be time consuming. Algorithmic differentiation techniques can be very successfully in computing Greeks and sensitivities of a portfolio with machine precision. Written by a leading practitioner who works and programmes AD, it offers a practical analysis of all the major applications of AD in the derivatives setting and guides the reader towards implementation. Open source code of the examples is provided with the book, with which readers can experiment and perform their own test scenarios without writing the related code themselves.

An Introduction to the Mathematics of Financial Derivatives

Author: Salih N. Neftci

Publisher: Academic Press

Published: 2000-05-19

Total Pages: 550

ISBN-13: 0125153929

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A step-by-step explanation of the mathematical models used to price derivatives. For this second edition, Salih Neftci has expanded one chapter, added six new ones, and inserted chapter-concluding exercises. He does not assume that the reader has a thorough mathematical background. His explanations of financial calculus seek to be simple and perceptive.

The Derivative Action in Asia

Author: Dan W. Puchniak

Publisher: Cambridge University Press

Published: 2012-06-28

Total Pages: 477

ISBN-13: 1107012279

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In-depth analysis of the derivative action in Asia - a critical part of Asian corporate law and governance.