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Index
Cover Page
Publishing Law
Title
Copyright
Dedication
Contents
Preface to the Fifth Edition
Part I The Law, and Original Works
1 Publishing and the Law
UK and International Law
EU Law
UK Law
2 Copyright I: Key Principles
Original Ideas
Introduction to Copyright
Copyright and Intellectual Property
From Scrolls to Screens: A Brief History of Copyright
The EU Copyright Directive: Core Rights and Exceptions
Copyright: The Way Ahead
Copyright Works
Ownership of Copyright
Qualification for Copyright Protection
Duration of Copyright
3 Copyright II: Exceptions, Licensing and Open Access
Introduction
The EU Copyright Directive 2001
UK Copyright Exceptions After 2014
Copyright Licensing and Collective Management
Creative Commons Licensing and Open Access
4 Other Rights of Authors and Publishers
Moral Rights
The Right of Paternity
The Right of Integrity
False Attribution
The Right to Privacy of Certain Photographs or Films
Remedies for Infringement of Moral Rights
Database Right
Publication Right
Human Rights
Public Lending Right
Artist’s Resale Right (droit de suite)
Part II Commissioning: Publishing Contracts
5 Author Contracts
How a Contract is Made
Particular Contracts and Legal Capacity
Author–Publisher Agreements
The Standard Author–Publisher Agreement
6 Other Contracts
Academic/Professional/STM Authors
General Editors
Contributors (Text and Illustrations)
Translators
Subsidiary Rights Contracts
Online Access Licences
E-Book Agreements
Aggregator Agreements
Other Electronic Agreements
Agreements Between Authors and Agents
Part III Delivery, Editing and Obligations on Publication
7 Delivery, Editing and Obligations on Publication
Delivery: Acceptance or Rejection
Editing and Alterations
Permissions
Production and Proofs
Obligations on Publication
Part IV Publish and Be Damned
8 Defamation and Other Risks
Defamation
What is Defamation?
Libel and Slander
Defamatory Meaning
Social Context
Context of the Statement
Hidden Meanings and Innuendoes
The Repetition Rule
Levels of Meaning
Identification
Publication
Defences
Costs
Linking
Malicious Falsehood
Negligent Mis-Statement
Obscenity
Blasphemy
Malicious Communications
Incitement of Hatred on the Grounds of Race, Religion or Sexual Orientation
Contempt of court
9 Confidentiality and Privacy
Introduction
Confidential Information
Private Information
Remedies for Breach of Confidence and Privacy
Data Protection
Online Issues
Official Secrets
10 Copyright Infringement
Primary Infringement
The Digital Economy Act
Secondary Infringement
Permitted Acts and Other Defences
Civil and Criminal Remedies in the UK
Piracy
International Copyright Protection
11 Trade Marks and Passing Off
Trade Marks
Passing off
Domain Name Disputes
Part V Sales and Supply
12 Sale of Goods, Digital Content and Consumer Protection
Sale of Goods and Digital Content
Further Consumer Protection
Distance Selling
Other Information Requirements on Online Traders Dealing with EU Consumers
13 Advertising and Marketing
Introduction
Unfair Commercial Practices
Unfair Contract Terms
Business Protection From Misleading Advertising
Comparative Advertising
Unsolicited Goods and Services
Data Protection
14 Distribution and Export
Introduction
Trade and Competition
Restraint of Trade
EU and UK Competition Rules
Article 34: Free Movement of Goods
Exhaustion of Rights
Appendix A: A to Z Glossary of Legal Terms and Abbreviations
Appendix B: Useful Addresses and Websites
Appendix C: Further Reading and Sources
Index
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