Copyright And The Court Of Justice Of The European Union

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Copyright and the Court of Justice of the European Union

Eleonora Rosati
Copyright and the Court of Justice of the European Union Book PDF

Author : Eleonora Rosati
Publisher : Oxford University Press
Page : 513 pages
File Size : 48,9 Mb
Release : 2023-10-05
Category : Law
ISBN : 9780198885689

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Copyright and the Court of Justice of the European Union by Eleonora Rosati Pdf

First released in early 2019, Copyright and the Court of Justice of the European Union remains the only book exclusively devoted to the case law of the Court of Justice of the European Union (CJEU) in the EU copyright field. Fully updated for the new edition, the book explains the Court's role and action in the field of EU copyright law and provides readers with a sense of the direction of the Court's jurisprudence through an exercise of 'tidying up' and rationalizing the rulings issued so far. In his foreword to the first edition, First Advocate General Maciej Szpunar praised the book's 'profound analysis' of the EU copyright protection and CJEU decisions, which in his view, 'unveiled new information, perhaps never considered, even by members of the Court'. The new edition captures all the significant developments in EU copyright law that have occurred since 2019. Aside from macro-events such as the UK's now completed departure from the EU and the adoption of the Digital Single Market Directive (2019/790), seminal judgments have been issued by the CJEU which touch upon all the main foundational aspects of EU copyright. This book is structured in three parts. The first part is about the role of the CJEU as an EU institution. Following a discussion of the impact of CJEU interpretation of EU copyright provisions (notably their pre-emptive effect on individual EU Member States' freedom), the second part is concerned with CJEU action and vision in respect of four key areas of copyright and related rights: the requirements for protection, construction of exclusive rights, exceptions and limitations, and enforcement. The final part focuses on the legacy of CJEU case law broadly intended, having regard to both individual countries' copyright laws (specifically: the UK) and recent EU copyright reform discourse, notably in the context of the DSM Directive. Timely and engaging, Copyright and the Court of Justice of the European Union provides novel insights into the activity of the CJEU in the copyright field and reflects on the resulting implications for the present and future of EU copyright.

The Routledge Handbook of EU Copyright Law

Eleonora Rosati
The Routledge Handbook of EU Copyright Law Book PDF

Author : Eleonora Rosati
Publisher : Routledge
Page : 686 pages
File Size : 43,7 Mb
Release : 2021-04-21
Category : Law
ISBN : 9781000364088

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The Routledge Handbook of EU Copyright Law by Eleonora Rosati Pdf

The Routledge Handbook of EU Copyright Law provides a definitive survey of copyright harmonization in the European Union, capturing the essential and relevant issues of this relatively recent phenomenon. Over the past few years, two themes have emerged: on the one hand, copyright policy and legislative initiatives have intensified; on the other hand, the large number of references to the Court of Justice of the European Union has substantially shaped the EU copyright framework and, with it, the copyright framework of individual EU Member States. This handbook is a detailed reference source of original contributions which analyze and critically evaluate the state of EU copyright law with a view to detecting the key trends and patterns in the evolution of EU copyright, weighing the benefits and disadvantages of such evolution. It covers a broad range of topics through clusters focused on: the history and approaches to EU copyright harmonization; harmonization in the areas of exclusive rights, exceptions and limitations, and enforcement; copyright policy and legacy of harmonization. With contributions from a selection of highly regarded and leading scholars in this field, the Routledge Handbook on European Copyright Law is an essential resource for students and scholars who are interested in the field of copyright law.

EU Copyright Law

Morten Rosenmeier,Kacper Szkalej,Sanna Wolk
EU Copyright Law Book PDF

Author : Morten Rosenmeier,Kacper Szkalej,Sanna Wolk
Publisher : Kluwer Law International B.V.
Page : 216 pages
File Size : 42,9 Mb
Release : 2019-03-25
Category : Law
ISBN : 9789041183705

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EU Copyright Law by Morten Rosenmeier,Kacper Szkalej,Sanna Wolk Pdf

EU Copyright Law Subsistence, Exploitation and Protection of Rights Morten Rosenmeier, Kacper Szkalej and Sanna Wolk Against a background in which technology continues to change the ways we create, use, distribute and consume cultural content – and where there has been a noticeable increase in the body of case law of Court of Justice of the European Union (CJEU) relating to copyright – copyright protection has become an essential component of the knowledge-based economy and the information society. This book, structured around the various rights and issues rather than the legislative instruments, greatly facilitates an understanding of the complex legal area of European Union (EU) copyright law and provides for a more conscious application of these rules. Among the issues and topics covered are the following: the CJEU’s interpretation of EU copyright law and application of fundamental rights; authorship and ownership of copyright; protection of computer programs and databases; scope of exclusive rights, such as communication to the public and distribution, including rental and lending; application of limitations and exceptions; cross-border access to online content services; digital exhaustion of copyright; and enforcement of copyright and cross-border issues; With its practical approach to the substance of the various legal rules and principles both at EU level and in the various EU Member States, the book clearly describes in detail how copyright law functions throughout the EU. Professionals, business entities and academics who must be familiar with this dynamic legal area, especially in the digital environment, will benefit greatly from the book’s clear consideration of legal questions that arise in connection with copyright issues.

New Developments in EU and International Copyright Law

Irini A. Stamatoudi
New Developments in EU and International Copyright Law Book PDF

Author : Irini A. Stamatoudi
Publisher : Kluwer Law International B.V.
Page : 522 pages
File Size : 42,8 Mb
Release : 2016-02-23
Category : Law
ISBN : 9789041159991

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New Developments in EU and International Copyright Law by Irini A. Stamatoudi Pdf

More than a source of income and a means of protection for creators, rightholders, and the creative and entertainment industries, copyright is also a vehicle for technological advances and economic development. In the European Union, industries with intensive emphasis on intellectual property rights (mainly copyright) generate more than a quarter of employment and more than a third of economic activity. Yet copyright continues to be plagued by problematic attempts to balance the interests of rightholders, the public, consumers, intermediaries, collecting societies, different national legal traditions, and other forces, European and global. This book draws a comprehensive picture of current, pending, and proposed copyright developments – legislation, ‘communications,’ white papers, and court decisions – at the levels of the European Union and the World Intellectual Property Organization. Twenty-two well-known and prestigious experts on intellectual property law from seventeen jurisdictions worldwide contribute essays on particular trends in copyright, including discussions of the following and more: - making content available in an EU digital single market; - collective management and multi-territorial licensing; - exceptions for libraries and archives, education and research; - traditional knowledge and cultural expressions; - unjustified geoblocking; - illegal content on the Internet; - text and data mining; - copyright enforcement online; and - role of the European Court of Justice. Policy recommendations are also set forth, as well as a detailed conceptual framework for a potential EU Copyright Code. As a detailed and thoughtful overview of current trends in copyright internationally, this book has no peers. It is sure to be welcomed by practitioners, policymakers, academics, researchers, and business leaders for whom intellectual property rights, and especially copyright, are of the first importance.

The Right of Communication to the Public in EU Copyright Law

Justin Koo
The Right of Communication to the Public in EU Copyright Law Book PDF

Author : Justin Koo
Publisher : Bloomsbury Publishing
Page : 280 pages
File Size : 46,5 Mb
Release : 2019-05-30
Category : Law
ISBN : 9781509920662

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The Right of Communication to the Public in EU Copyright Law by Justin Koo Pdf

This monograph conducts a comprehensive analysis of the EU right of communication to the public, one of the exclusive rights under EU copyright law, and provides an alternative framework for its interpretation and application. The present state of the law is unsatisfactory; there is uncertainty in the acquis communautaire and courts at the EU and domestic levels have struggled to apply the right. Therefore, the book identifies the problems with the existing right of communication to the public and proposes recommendations for reform. In addition to reforming the scope of the right of communication to the public, the jurisdiction and applicable law in relation to the right are analysed and changes are recommended. Thus, the book covers both the scope and practicalities of a coherent and effective reform of the right. In light of the continuing development and accompanying tribulations with this right at the EU level, this book provides a topical and timely analysis that will be of interest to academics and practitioners working on EU copyright law. Cited in Opinion of Advocate General Henrik Saugmandsgaard Øe, joined Cases C-682/18 and C-683/18, Frank Peterson v Google LLC, YouTube LLC, YouTube Inc., Google Germany GmbH and Elsevier Inc. v Cyando AG, ECLI:EU:C:2020:586, Court of Justice of the European Union, 16 July 2020.

The Competence of the European Union in Copyright Lawmaking

Ana Ramalho
The Competence of the European Union in Copyright Lawmaking Book PDF

Author : Ana Ramalho
Publisher : Springer
Page : 249 pages
File Size : 45,8 Mb
Release : 2016-03-08
Category : Law
ISBN : 9783319282060

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The Competence of the European Union in Copyright Lawmaking by Ana Ramalho Pdf

This book inquires into the competence of the EU to legislate in the field of copyright, and uses content analysis techniques to demonstrate the existence of a normative gap in copyright lawmaking. To address that gap, it proposes the creation of benchmarks of legislative activity, reasoning that EU secondary legislation, such as directives and regulations, should be based on higher sources of law. It investigates two such possible sources: the activity of the EU Court of Justice in the pre-legislative era and the EU treaties. From these sources, the author establishes concrete benchmarks of legislative activity, which she then tests by applying them to current EU copyright legislation. This provides examples of good and bad practices in copyright lawmaking and also shows how the benchmarks could be implemented in copyright legislation. Finally, the author offers some recommendations in this regard.

EU Copyright Law

Irini Stamatoudi,Paul Torremans
EU Copyright Law Book PDF

Author : Irini Stamatoudi,Paul Torremans
Publisher : Edward Elgar Publishing
Page : 1303 pages
File Size : 53,9 Mb
Release : 2021-03-26
Category : Law
ISBN : 9781786437808

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EU Copyright Law by Irini Stamatoudi,Paul Torremans Pdf

This significantly revised and updated second edition addresses the rapid development of EU copyright law in relation to the advancement of new technologies, the need for a borderless digital market and the considerable number of EU legal instruments enacted as a result. Taking a comparative approach, the Commentary provides comprehensive coverage and in-depth commentary on each of the EU legal instruments and policies, both from an EU and an international perspective. Alongside full legislative analysis and article-by-article commentary, the Commentary illustrates the underlying basic principles of free movement and non-discrimination and provides insights into the influence of copyright on other areas of EU policy, including telecoms and bilateral trade agreements.

Copyright and Fundamental Rights in the Digital Age

Oreste Pollicino,Giovanni M. Riccio,Marco Bassini
Copyright and Fundamental Rights in the Digital Age Book PDF

Author : Oreste Pollicino,Giovanni M. Riccio,Marco Bassini
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 51,6 Mb
Release : 2020-10-30
Category : Law
ISBN : 9781788113885

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Copyright and Fundamental Rights in the Digital Age by Oreste Pollicino,Giovanni M. Riccio,Marco Bassini Pdf

This timely and thought-provoking book explores how the protection of copyright in the digital age requires a reconsideration of how this is balanced with other fundamental rights and freedoms. Analysing the impact of the rise of digital technologies and the internet on copyright regimes, it particularly focuses on the effects of recent reforms to the EU’s legal framework for the protection and enforcement of copyright.

Film Copyright in the European Union

Pascal Kamina
Film Copyright in the European Union Book PDF

Author : Pascal Kamina
Publisher : Cambridge University Press
Page : 561 pages
File Size : 48,7 Mb
Release : 2016-04-28
Category : Law
ISBN : 9781107120747

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Film Copyright in the European Union by Pascal Kamina Pdf

This second edition details the substantial developments in EU law during the last decade, including major cases, new treaties and new directives.

Gender and the Court of Justice of the European Union

Jessica Guth,Sanna Elfving
Gender and the Court of Justice of the European Union Book PDF

Author : Jessica Guth,Sanna Elfving
Publisher : Routledge
Page : 231 pages
File Size : 42,6 Mb
Release : 2018-07-27
Category : Law
ISBN : 9781351855099

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Gender and the Court of Justice of the European Union by Jessica Guth,Sanna Elfving Pdf

Offering an alternative exploration of the Court of Justice of the European Union (CJEU) and its work, this book aims to start a conversation between legal, political and gendered examinations of the Court of Justice and some of the substantive areas of law it is concerned with. In doing so, it provides a broader and more holistic view of the Court and its work which can add to our understanding of the institution, its role and its case law as well as the contribution it can and does make to shaping law and policy and EU and national level.

Copyright Exhaustion

Pťer Mezei
Copyright Exhaustion Book PDF

Author : Pťer Mezei
Publisher : Cambridge University Press
Page : 271 pages
File Size : 45,8 Mb
Release : 2022-02-24
Category : Law
ISBN : 9781108843140

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Copyright Exhaustion by Pťer Mezei Pdf

An updated, comprehensive analysis of the European and US approaches to the exhaustion doctrine in the online and offline world.

Intellectual Property and the Judiciary

Christophe Geiger,Craig A. Nard,Xavier Seuba
Intellectual Property and the Judiciary Book PDF

Author : Christophe Geiger,Craig A. Nard,Xavier Seuba
Publisher : Edward Elgar Publishing
Page : 128 pages
File Size : 54,9 Mb
Release : 2018-10-26
Category : Law
ISBN : 9781788113083

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Intellectual Property and the Judiciary by Christophe Geiger,Craig A. Nard,Xavier Seuba Pdf

Intellectual Property and the Judiciary explores the role of the judiciary in the elaboration and interpretation of intellectual property law, exploring how IP doctrine and policy are developed and the manner in which judges construct and apply norms in different court systems. The authors engage in a comparative exploration of various national, European and international judiciaries and appraise the competing and complementary roles of governing bodies. The book offers an examination of both common law and civil law traditions in the context of judicial treatment of intellectual property.

Harmonizing European Copyright Law

Mireille M. M. van Eechoud
Harmonizing European Copyright Law Book PDF

Author : Mireille M. M. van Eechoud
Publisher : Kluwer Law International B.V.
Page : 402 pages
File Size : 48,9 Mb
Release : 2009-01-01
Category : Law
ISBN : 9789041131300

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Harmonizing European Copyright Law by Mireille M. M. van Eechoud Pdf

The European concern with copyright and related rights -- Object, subject, and duration of protection -- Exclusive rights and limitations -- Rights management information and technological protection measures -- Term extension for sound recordings -- Term calculation for co-written musical works -- Orphan works -- The blessings and curses of harmonization -- The last frontier : territoriality.

The Court of Justice of the European Union as an Institutional Actor

Thomas Horsley
The Court of Justice of the European Union as an Institutional Actor Book PDF

Author : Thomas Horsley
Publisher : Cambridge University Press
Page : 327 pages
File Size : 51,5 Mb
Release : 2018-07-19
Category : Law
ISBN : 9781107124035

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The Court of Justice of the European Union as an Institutional Actor by Thomas Horsley Pdf

Uses the EU Treaty framework to (re)assess the legitimacy of the Court of Justice's institutional role in European integration.

Collective Management of Copyright and Related Rights

World Intellectual Property Organization
Collective Management of Copyright and Related Rights Book PDF

Author : World Intellectual Property Organization
Publisher : WIPO
Page : 252 pages
File Size : 49,8 Mb
Release : 2022-12-22
Category : Law
ISBN : 9789280534658

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Collective Management of Copyright and Related Rights by World Intellectual Property Organization Pdf

This third edition of Collective Management of Copyright and Related Rights presents an in-depth revision with invaluable updates on the different systems, legislative options and best practices of CMOs worldwide. As with previous editions, the book is written to reach a wide audience, with a special focus on questions that might emerge for governments as they prepare, adopt and apply collective management norms and regulations. The edition also sheds light on new copyright and related rights developments, including digital, technological and business trends, from all over the world. Additionally, there is detailed discussion on topics such as aspects of competition, national treatment, and different models of collective management.