Copyright In A Global Information Society The Scope Of Copyright Protection Under International U S U K And French Law

Author : Makeen Makeen
Publisher : Springer
Page : 392 pages
File Size : 41,7 Mb
Release : 2000
Category : Law
ISBN : UOM:39015050012486

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Copyright in a Global Information Society:The Scope of Copyright Protection Under International, U. S., U. K. and French Law by Makeen Makeen Pdf

Copyright is of considerable importance in today's global information society, and the rapid pace of technological developments has posed a significant challenge for copyright policymakers and legislators. The problems international, regional and national bodies are currently grappling with include: identifying and defining the range of rights to cover all the important economic methods of exploiting copyright works; enforcing these rights at a time when all such works have become capable of being digitized, transmitted instantaneously and, with or without authority, reproduced flawlessly and at minimal cost. Copyright in a Global Information Society examines the scope of authors' rights in relation to the exploitation of their works by broadcasting, whether terrestrial or by satellite, cabling or over computer networks, in three important jurisdictions and under relevant international conventions. The analysis traces the gradual expansion of the various exclusive rights granted by copyright law in response to technological developments and puts them in their modern context, focusing on the overarching right of public performance or communication. The author argues that the advent of modern technologies, which recognize no national boundaries, necessitate the adoption of an internationally harmonized concept of 'communication to the public' as the primary right applicable to the dissemination of copyright works in non-material form. This work is a valuable contribution to the study and understanding of copyright law and will be of great interest to academic and practising lawyers, and to those involved in shaping modern copyright policy.

Author : Irini A. Stamatoudi
Publisher : Kluwer Law International B.V.
Page : 522 pages
File Size : 44,9 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.

Author : World Intellectual Property Organization
Publisher : WIPO
Page : 12 pages
File Size : 49,8 Mb
Release : 2000
Category : Law
ISBN : 9789280508970

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

Author : World Intellectual Property Organization,Dusollier, Séverine
Publisher : WIPO
Page : 89 pages
File Size : 54,5 Mb
Release : 2016-11-28
Category : Law
ISBN : 8210379456XXX

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Scoping Study on Copyright and Related Rights and the Public Domain by World Intellectual Property Organization,Dusollier, Séverine Pdf

This study assesses the scope of the public domain, as defined by copyright laws, history and philosophy, before turning to the issue of its effectiveness and greater availability to the public and society at large.

Author : Jerry Jie Hua
Publisher : Springer
Page : 225 pages
File Size : 46,7 Mb
Release : 2014-07-14
Category : Law
ISBN : 9783662435175

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Toward A More Balanced Approach: Rethinking and Readjusting Copyright Systems in the Digital Network Era by Jerry Jie Hua Pdf

Based on comparative research concerning both international conventions and laws, regulations, policies and cases from different jurisdictions, this book puts forward proposals for recovering the balance of interests between copyright holders, technological intermediaries and public users with regard to the access to, distribution and exploitation of copyright works. Four specific issues are discussed in detail: · an anti-circumvention rule for protection of technological measures that control access to copyright material; · indirect infringing liability for internet service providers and safe harbor regulations, which influence the dissemination of copyright works; · copyright limitations and exceptions especially under the digital network environment, which are relevant to the extent that users are allowed to exploit copyright works; · digital commons projects that promote the distribution and adaptation of copyright works placed under voluntary license schemes, which are relevant to the tolerance and encouragement of remix culture.

Author : International Literary and Artistic Association
Publisher : Otto Cramwinckel Uitgever
Page : 554 pages
File Size : 54,5 Mb
Release : 1997
Category : Computer network resources
ISBN : 9075727917

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Copyright in Cyberspace by International Literary and Artistic Association Pdf

Author : Stef van Gompel
Publisher : Kluwer Law International B.V.
Page : 370 pages
File Size : 40,6 Mb
Release : 2011-01-01
Category : Law
ISBN : 9789041134189

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Formalities in Copyright Law by Stef van Gompel Pdf

This book examines whether reintroducing copyright formalities is legally feasible. Based on a comprehensive and thorough analysis of copyright formalities, it sets out to establish the extent to which the current copyright system allows for their reintroduction. To this end, the author describes the role and functions of formalities, revisits the history of formalities at the national and international levels, examines the scope of the international prohibition on formalities, and scrutinizes the rationales behind this prohibition, including an in-depth examination of the validity of the argument that copyright is a 'natural right' and therefore should be protected independently of formalities. The author skilfully evaluates and contrasts the conflicting theories according to which formalities, on the one hand, add legal certainty to claims on the ownership of property, and, on the other, hamper individual authors from seeking adequate protection for their works. This book makes an important contribution to legal science by answering questions that so far have been neglected or only marginally addressed. To the degree that current copyright law permits reintroducing formalities, the author posits the specifications that will determine to a great extent what role and functions they may eventually fulfil: depending on the aims to be achieved, lawmakers must choose which types of formalities shall be imposed, and what their legal consequences shall be. This book goes a long way towards reinforcing the foundation for those decisions.

Author : Julian Rodriguez Pardo
Publisher : Kluwer Law International B.V.
Page : 262 pages
File Size : 44,9 Mb
Release : 2003-01-01
Category : Law
ISBN : 9789041189028

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Copyright and Multimedia by Julian Rodriguez Pardo Pdf

Technology has affected a wide range of issues in our personal and professional lives. And in doing so it has opened the door for new legal questions, especially with regard to intellectual property and, more specifically, copyright. New legal questions have arisen with respect to the authorship of web pages, databases, computer programs, and, in general, multimedia work. Is this technology internationally protected? Can internet piracy be considered piracy? To whom does the copyright belong when more than one author exists? When is it necessary to resort to technical protection devices? By examining international laws, such as the WIPO treaties and EU law, this book offers a clear answer to these questions while focusing on how copyright does or does not protect new technology. It also examines alternative ways of protecting technologies that present the real possibility of appealing to patent and trademark law as well as an overview of the multimedia concept and the origins of copyright. This book's simple structure helps the reader to understand how to utilize current laws to protect one's work and offers an interesting and informative analysis of the subject.

Author : Mireille M. M. van Eechoud
Publisher : Kluwer Law International B.V.
Page : 402 pages
File Size : 54,7 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.

Author : Morten Rosenmeier,Kacper Szkalej,Sanna Wolk
Publisher : Kluwer Law International B.V.
Page : 216 pages
File Size : 48,6 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.

Author : Estelle Derclaye
Publisher : Edward Elgar Publishing
Page : 667 pages
File Size : 46,9 Mb
Release : 2009-01-01
Category : Law
ISBN : 9781848446007

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Research Handbook on the Future of EU Copyright by Estelle Derclaye Pdf

. . . an important contribution to the study of EU copyright law. It provides a good overview of different aspects of copyright law in the European Union and comprises a prevailing guide which undoubtedly will be of great use to both academics and practitioners. Ghufran Sukkaryeh, European Intellectual Property Review Estelle Derclaye s book is indeed a Handbook on EU copyright law, since practically every aspect of copyright law is examined through the lens of EU law by foremost European specialists. But it goes further than providing an understanding of what has been and ought to be happening in EU copyright law: each chapter can touch a raw nerve in the copyright law of any country in the world. Rarely has it been so obvious that EU copyright law can be considered a laboratory for copyright law in general. Ysolde Gendreau, Université de Montréal, Canada It has been over fifteen years since the EU started harmonising copyright law. This original Handbook takes stock and questions what the future of EU copyright should be. What went wrong with the harmonisation acquis? What did the directives do well? Should copyright be further harmonised? Each of the 25 recognised copyright experts from different European countries gives a critical account of the EU harmonisation carried out on several aspects of copyright law (subject-matter, originality, duration, rights, defences etc.), and asks whether further harmonisation is desirable or not. This way, the Handbook not only gives guidance to European institutions as to what remains to be done or needs to be remedied but is also the first overall picture of current and future EU copyright law. This Handbook will be of great interest to academics and intellectual property lawyers, as well as general commercial lawyers, across Europe because it reviews European directives in the field of copyright and also the relationships between copyright and other laws. Policymakers will also find much to interest them in the discussions regarding the future of EU copyright law and the proposed amendments to the existing legal framework.

Author : Brigitte Lindner,Ted Shapiro
Publisher : Edward Elgar Publishing
Page : 0 pages
File Size : 50,6 Mb
Release : 2011
Category : Copyright
ISBN : 1849800103

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Copyright in the Information Society by Brigitte Lindner,Ted Shapiro Pdf

This book celebrates the 10th anniversary of the adoption of Directive 2001/29/EC on copyright in the information society with an in-depth review of its implementation at the national level.

Author : Lucie M. C. R. Guibault
Publisher : Kluwer Law International B.V.
Page : 394 pages
File Size : 55,6 Mb
Release : 2006-01-01
Category : Law
ISBN : 9789041124357

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The Future of the Public Domain by Lucie M. C. R. Guibault Pdf

The presence of a robust public domain is an essential precondition for cultural, social and economic development and for a healthy democratic process. But the public domain is under pressure as a result of the ongoing march towards an information economy. Items of information, which in the `old economy had little or no economic value, such as factual data, personal data, genetic information and pure ideas, have acquired independent economic value in the current information age, and consequently become the object of property rights making the information a tradable commodity. How and to what extent does the commodification of information affect the free flow of information and the integrity of the public domain? Does the freedom of expression and information, guaranteed inter alia in the European Convention on Human Rights, call for active state intervention to `save the public domain? What means both legal and practical are available or might be conceived to guarantee and foster a robust public domain? These were the main questions that were addressed in a major collaborative research project led by the Institute for Information Law of the University of Amsterdam (IViR) in co-operation with the Tilburg Institute for Law, Technology and Society (TILT) of Tilburg University, and funded by ITeR, the Dutch National Program for Information Technology and Law. Thirteen contributions from academia worldwide make up the present book, addressing the future of the public domain from a different angle. In addition, all authors were invited to reflect upon the notion and role of the public domain in the context of information law and policy. Should this concept be limited to that of a `negative image of (intellectual) property protection, i.e. all publicly available information not subject to a property right, and therefore freely (i.e. gratis) available, or should a broader approach be taken, e.g. all information available from public sources at affordable cost? Should information policies be aimed at maximizing the public domain or optimizing information flows? To what extent are these aims congruent? This book takes a broader, `information law oriented approach towards the question of preserving the public domain, in which a wide range of interrelated legal questions converge. Issues treated in this book include: Economic analysis of the public domain Fundamental rights analysis of the public domain Impact of the application of technological protection measures and contractual restrictions on the public domain The impact of the expansion of copyright, database right and patent rights on the public domain The impact of the commodification of private data, government information, indigenous knowledge on the public domain The capacity of the Open Source and Creative Commons Movements to preserve the integrity of the public domain The Future of the Public Domain is an important work for all those interested or involved in the regulation of the knowledge economy. Legal scholars, academic and research institutions, corporate counsel, lawyers, government policymakers and regulators all these and more will benefit enormously from the thoughtful and incisive discussions presented here.

Author : World Intellectual Property Organization
Publisher : WIPO
Page : 24 pages
File Size : 49,7 Mb
Release : 2006
Category : Law
ISBN : 9789280512656

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Understanding Copyright and Related Rights by World Intellectual Property Organization Pdf

This booklet is intended to provide an introduction for non-specialists or new-comers to the subject of copyright and related rights. It explains in layman's terms the fundamentals underpinning copyright law and practice. It describes the different types of rights which copyright and related rights law protects, as well as the limitations on those rights. And finally it briefly covers transfer of copyright and provisions for enforcement.

Author : Martin Senftleben
Publisher : Kluwer Law International B.V.
Page : 358 pages
File Size : 41,7 Mb
Release : 2004-01-01
Category : Law
ISBN : 9789041122674

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Copyright, Limitations, and the Three-step Test by Martin Senftleben Pdf

The book includes: viable restatements of the rationales of copyright protection for the emerging IP environment; new insights into the relationship between copyright protection and copyright limitations; in-depth explanation of the structure and functioning of the three-step test; detailed interpretations of each criterion of the test; discussion of the two WTO panelreports dealing with the test; a proposal for the further improvement of the copyright system and the international rules governing copyright law; detailed information about international conference material concerning the test; and discussion of potential future trends in copyright law. The author provides many examples that demonstrate the test's impact on different types of limitations, such as private use privileges and the U.S. fair use doctrine. He explains the test's role in the European Copyright Directive.