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The privacy law source book — United States Law, international law and recent developments
Book
review
a "non-exclusive" licence, an "exclusive" licence or a "sole" licence and whether, if one's licence is one of these different types of licence, this would also affect one's remedies o n enforcement. The chapter considers the 'traditional' remedies for breach of copyright (and intellectual property rights generally) and reminds one of the grounds, for example, u p o n which an application for an injunction might fail. It also looks at the law in relation to "delivery up" of articles made in infringem e n t of intellectual property rights, a remedy rather peculiar to intellectual property rights. One particularly useful area addressed is the question of "emergency" remedies and h o w one might, for example, go about obtaining an interlocutory relief, p e n d i n g formal proceedings, to prohibit the acts complained of. Of course, 'Woolf' may render some of this out of date. The final chapter, Chapter 12, looks at "emerging issues" although given the book was published in 1998 and the law was primarily up to date to the s u m m e r of 1997, the emerging issues have, in some cases, already emerged. Inevitably,
one of the emerging issues cited is "multi media" but there is certainly some interesting food for thought in that chapter regarding h o w one might protect a "multi media" product w h e t h e r by patent or copyright, etc. Inevitably, too, the chapter touches u p o n use of the Internet. The overall impression of the book is that it is an extremely useful text that covers a wide range of issues relevant for lawyers practising in the IT industry. It is unfortunate that in this particular area it is a book that will go (and to a certain extent has gone) out of date quite quickly. However, given the background of the book as being based on a chapter from an encyclopaedia w h i c h is regularly updated by Baker & McKenzie, one hopes that they will, perhaps, produce a second edition of the book, riding on the back of an update of the relevant chapter of the encyclopedia, which will, at least for a while, be something of a market leader.
Heather Rowe, Report Correspondent Lovell White Durrant
Book Review Privacy Law The Privacy Law Source Book - - United States Law, International Law and Recent Developments, by Mark Rotenberg, 1998, soft-cover, Electronic Privacy Information Center, Washington D.C., 439 pp., ISBN 1 893044 O0 9 This text provides a basic set of source materials in the field of privacy law from the United States and the International sphere. Its purpose is to provide a broad overview of the legal framework governing privacy law in a single source that is current at the time of publication.The work is divided into three sections - - dealing with the United States law; international privacy law; and recent developments. In the first category are US laws that came into effect in response to decisions of the United States Supreme Court, where the court chose not to establish a privacy right of c o m m o n law. These include the Right to Financial Privacy Act of 1978, the Privacy Protection Act of 1980, and the Electronic Communication PrivacyAct of 1986. In the second category are statutes that came into existence in response to n e w technologies that raised public concern and calls for legal standards to protect privacy.These include the PrivacyAct of 1974; the Video Privacy ProtectionAct of 1988; and the Employee Polygraph Protection Act of 1988. In the 1990s has been added the Telephone Consumer ProtectionAct of 1991 .The international section focuses more closely on h u m a n rights issues, as set out by the documents selected.These include the universal declaration of h u m a n rights; the OECD and Council of Europe conventions on privacy; the UN guidelines for the regulation of computerized personal data files; and European Union legislation on data protection and privacy in the telecommunications sector. The recent development section looks at several attempts to extend privacy principles in the age of the Internet. It includes, for example, the first privacy law specifically tailored to deal with online development - - the German telecommunications law - - as well as other relevant measures, such as the OECD cryptography guidelines and a n u m b e r of other relevant guidelines, ordinances and legislation. Available fi'om: Electronic Privacy Information Center, 666 Pennsylvania Avenue, SE, Washington DC, 2003, USA. See also Intemet:.
360
review
a "non-exclusive" licence, an "exclusive" licence or a "sole" licence and whether, if one's licence is one of these different types of licence, this would also affect one's remedies o n enforcement. The chapter considers the 'traditional' remedies for breach of copyright (and intellectual property rights generally) and reminds one of the grounds, for example, u p o n which an application for an injunction might fail. It also looks at the law in relation to "delivery up" of articles made in infringem e n t of intellectual property rights, a remedy rather peculiar to intellectual property rights. One particularly useful area addressed is the question of "emergency" remedies and h o w one might, for example, go about obtaining an interlocutory relief, p e n d i n g formal proceedings, to prohibit the acts complained of. Of course, 'Woolf' may render some of this out of date. The final chapter, Chapter 12, looks at "emerging issues" although given the book was published in 1998 and the law was primarily up to date to the s u m m e r of 1997, the emerging issues have, in some cases, already emerged. Inevitably,
one of the emerging issues cited is "multi media" but there is certainly some interesting food for thought in that chapter regarding h o w one might protect a "multi media" product w h e t h e r by patent or copyright, etc. Inevitably, too, the chapter touches u p o n use of the Internet. The overall impression of the book is that it is an extremely useful text that covers a wide range of issues relevant for lawyers practising in the IT industry. It is unfortunate that in this particular area it is a book that will go (and to a certain extent has gone) out of date quite quickly. However, given the background of the book as being based on a chapter from an encyclopaedia w h i c h is regularly updated by Baker & McKenzie, one hopes that they will, perhaps, produce a second edition of the book, riding on the back of an update of the relevant chapter of the encyclopedia, which will, at least for a while, be something of a market leader.
Heather Rowe, Report Correspondent Lovell White Durrant
Book Review Privacy Law The Privacy Law Source Book - - United States Law, International Law and Recent Developments, by Mark Rotenberg, 1998, soft-cover, Electronic Privacy Information Center, Washington D.C., 439 pp., ISBN 1 893044 O0 9 This text provides a basic set of source materials in the field of privacy law from the United States and the International sphere. Its purpose is to provide a broad overview of the legal framework governing privacy law in a single source that is current at the time of publication.The work is divided into three sections - - dealing with the United States law; international privacy law; and recent developments. In the first category are US laws that came into effect in response to decisions of the United States Supreme Court, where the court chose not to establish a privacy right of c o m m o n law. These include the Right to Financial Privacy Act of 1978, the Privacy Protection Act of 1980, and the Electronic Communication PrivacyAct of 1986. In the second category are statutes that came into existence in response to n e w technologies that raised public concern and calls for legal standards to protect privacy.These include the PrivacyAct of 1974; the Video Privacy ProtectionAct of 1988; and the Employee Polygraph Protection Act of 1988. In the 1990s has been added the Telephone Consumer ProtectionAct of 1991 .The international section focuses more closely on h u m a n rights issues, as set out by the documents selected.These include the universal declaration of h u m a n rights; the OECD and Council of Europe conventions on privacy; the UN guidelines for the regulation of computerized personal data files; and European Union legislation on data protection and privacy in the telecommunications sector. The recent development section looks at several attempts to extend privacy principles in the age of the Internet. It includes, for example, the first privacy law specifically tailored to deal with online development - - the German telecommunications law - - as well as other relevant measures, such as the OECD cryptography guidelines and a n u m b e r of other relevant guidelines, ordinances and legislation. Available fi'om: Electronic Privacy Information Center, 666 Pennsylvania Avenue, SE, Washington DC, 2003, USA. See also Intemet:
360