New Developments In Eu And International Copyright Law

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New Developments in EU and International Copyright Law

Irini A. Stamatoudi

Author : Irini A. Stamatoudi
Publisher : Kluwer Law International B.V.
Page : 522 pages
File Size : 53,6 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.

EU Copyright Law

Irini Stamatoudi,Paul Torremans

Author : Irini Stamatoudi,Paul Torremans
Publisher : Edward Elgar Publishing
Page : 1303 pages
File Size : 44,8 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.

Research Handbook on the Future of EU Copyright

Estelle Derclaye

Author : Estelle Derclaye
Publisher : Edward Elgar Publishing
Page : 667 pages
File Size : 49,7 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.

International Copyright Law: U.S. and E.U. Perspectives

Jane C. Ginsburg,Edouard Treppoz

Author : Jane C. Ginsburg,Edouard Treppoz
Publisher : Edward Elgar Publishing
Page : 880 pages
File Size : 42,9 Mb
Release : 2015-05-29
Category : Law
ISBN : 9781783477982

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International Copyright Law: U.S. and E.U. Perspectives by Jane C. Ginsburg,Edouard Treppoz Pdf

This ground-breaking casebook provides a comprehensive and comprehensible account of International Copyright law and its neighbouring rights, helping students to chart a path through these often difficult waters. It illuminates the fundamental influenc

Copyright and the Court of Justice of the European Union

Eleonora Rosati

Author : Eleonora Rosati
Publisher : Oxford University Press
Page : 513 pages
File Size : 49,7 Mb
Release : 2023-10-05
Category : Law
ISBN : 9780198885696

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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 Right of Communication to the Public in EU Copyright Law

Justin Koo

Author : Justin Koo
Publisher : Bloomsbury Publishing
Page : 280 pages
File Size : 46,9 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.

Exceptions in EU Copyright Law

Tito Rendas

Author : Tito Rendas
Publisher : Kluwer Law International B.V.
Page : 400 pages
File Size : 44,9 Mb
Release : 2021-02-10
Category : Law
ISBN : 9789403524009

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Exceptions in EU Copyright Law by Tito Rendas Pdf

Information Law Series Volume 45 In a copyright system characterised by broad and long-lasting exclusive rights, exceptions provide a vital counterweight, especially in times of rampant technological change. The EU’s controversial InfoSoc Directive – now two decades old – lists exceptions in which an unauthorised user will not have infringed the rightholder’s copyright. To reform or not to reform this legal framework – that is the question considered in great depth in this book, providing detailed theoretical and normative analysis of the Directive, the national and CJEU case law arising from it, and meticulously thought-out proposals for change. By breaking down the concepts of ‘flexibility’ and ‘legal certainty’ into a set of policy objectives and assessment criteria, the author thoroughly examines such core aspects of the framework as the following: the justifications for exceptions, e.g., safeguarding the fundamental rights of users; the regimes established in legislation and case law for key exceptions; the need to promote technological development; the importance of avoiding re-fragmentation caused by uncoordinated national legislative responses to technological changes; the legal status of digital technologies that rely on unauthorised uses of copyright-protected works; and the pros and cons of importing a fair use standard modelled after that of the United States. In an invaluable concluding chapter, the author puts forward a set of reform proposals, articulating their advantages and responding to potential objections. In doing so, the chapter also identifies, synthesises and critically examines the various proposals that have been advanced in the academic literature. In its decisive contribution to the debate around the InfoSoc Directive and the rules that guide its implementation, interpretation, and application, this book isolates the contentious structural features of the framework and examines them in a critical fashion. The author’s systematised review of scholarly and policymaking proposals for increasing flexibility and legal certainty in EU copyright law will be welcomed by practitioners in intellectual property law and other areas of economic law, as well as by interested policymakers and scholars.

Pluralism or Universalism in International Copyright Law

Tatiana Eleni Synodinou

Author : Tatiana Eleni Synodinou
Publisher : Kluwer Law International B.V.
Page : 572 pages
File Size : 55,5 Mb
Release : 2019-10-24
Category : Law
ISBN : 9789403503332

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Pluralism or Universalism in International Copyright Law by Tatiana Eleni Synodinou Pdf

In a world where powerful intermediaries like Google and Facebook are de facto regulators of the communication of copyright-protected works, the democratization of access to content has both substantially expanded the availability of new markets and dramatically increased copyright infringements. Does this mean that the long-sought ideal of a “universal” copyright regulation, which would harmoniously combine effective protection of intellectual creations with public interest goals, is a lost cause? Taken together, the contributions to this insightful and thoroughly researched book suggest that despite the prevailing labyrinthine mosaic of divergent national responses to fragmentation at international level, the foundations of a universal approach can be found in the interaction of regional, national and international copyright law instruments when responding to current and emerging technologies. Emphasizing the adaptation of copyright law to the needs of the information society, this volume provides critical approaches by leading copyright scholars on whether pluralism or universalism is the appropriate path to follow for the development of international copyright law. The authors deal with such issues and topics as the following: the application of core copyright law principles worldwide; authorship, rights and exceptions in the international copyright acquis; Internet copyright enforcement; global collective management of copyright; copyright contracts; database and design rights; intermediary liability; the global reach of the U.S. Fair Use doctrine; World Intellectual Property Organization’s role and strategy in international copyright lawmaking; and bilateral trade and investment agreements involving copyright. Specific evolutions and emerging trends in national and regional digital copyright laws are analyzed and assessed as they have developed in the European Union, the United States, Canada and Australia, as well as in several Asian and African countries. Throughout, attention is paid to compatibility with the Berne Convention, the perceived core of copyright law in the international copyright acquis, and the key question of the balancing of copyright law with fundamental rights from an international and comparative law perspective. As a comprehensive analysis of how core copyright law concepts and principles function in today’s fragmented copyright legal system, this book has no peers. Its detailed treatment of numerous specific instruments and regimes, as well as its insightful approaches to the future of international copyright lawmaking, will prove of immeasurable value to lawyers, judges, policy makers, academics and researchers working in the field of copyright law.

The Routledge Handbook of EU Copyright Law

Eleonora Rosati

Author : Eleonora Rosati
Publisher : Routledge
Page : 686 pages
File Size : 40,7 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.

Propertizing European Copyright

Caterina Sganga

Author : Caterina Sganga
Publisher : Edward Elgar Publishing
Page : 336 pages
File Size : 53,6 Mb
Release : 2018
Category : LAW
ISBN : 9781786430410

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Propertizing European Copyright by Caterina Sganga Pdf

With an acceleration in the last decades, the language of property, piracy and theft has become mainstream in copyright matters. Scholars have argued that this latent propertization has progressively led to the undue expansion of copyright and an enclosure of knowledge, causing clashes with users’ fundamental rights and EU social and cultural policies. Challenging the validity of such critiques, Propertizing European Copyright demonstrates that these distortive effects are only the result of mishandled property rhetoric and that a commitment to copyright propertization could enable a more internally consistent and balanced development of EU copyright law.

European Intellectual Property Law

Annette Kur,Thomas Dreier,Stefan Luginbuehl

Author : Annette Kur,Thomas Dreier,Stefan Luginbuehl
Publisher : Edward Elgar Publishing
Page : 614 pages
File Size : 50,8 Mb
Release : 2019-12-27
Category : Law
ISBN : 9781785361555

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European Intellectual Property Law by Annette Kur,Thomas Dreier,Stefan Luginbuehl Pdf

The second edition of this popular textbook has been thoroughly revised, expanded and updated in order to reflect the recent extensive changes in European IP legislation. Providing an in-depth examination of the core areas of IP law, from copyright, patents and trademarks through to the protection of plant varieties and industrial design, it is perfectly pitched to guide the reader through the complexities of the European IP system.

Harmonizing Intellectual Property Law for a Trans-Atlantic Knowledge Economy

Anonim

Author : Anonim
Publisher : BRILL
Page : 437 pages
File Size : 54,8 Mb
Release : 2024-05-02
Category : Law
ISBN : 9789004686212

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Harmonizing Intellectual Property Law for a Trans-Atlantic Knowledge Economy by Anonim Pdf

This book gathers and builds on research into distinct national and regional traditions in regulating innovation. It is an early attempt at a comprehensive legal history of the uneven trans-Atlantic harmonization of IP law. Authors explore harmonization as a legal mandate and a progressive ideal, and imagine areas in which coherent regulatory webs could build a more vibrant trans-Atlantic knowledge economy.

The Oxford Handbook of Intellectual Property Law

Rochelle C. Dreyfuss,Justine Pila

Author : Rochelle C. Dreyfuss,Justine Pila
Publisher : Oxford University Press
Page : 1000 pages
File Size : 50,7 Mb
Release : 2018-04-12
Category : Law
ISBN : 9780191076107

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The Oxford Handbook of Intellectual Property Law by Rochelle C. Dreyfuss,Justine Pila Pdf

We live in an age in which expressive, informational, and technological subject matter are becoming increasingly important. Intellectual property is the primary means by which the law seeks to regulate such subject matter. It aims to promote innovation and creativity, and in doing so to support solutions to global environmental and health problems, as well as freedom of expression and democracy. It also seeks to stimulate economic growth and competition, accounting for its centrality to EU Internal Market and international trade and development policies. Additionally, it is of enormous and increasing importance to business. As a result there is a substantial and ever-growing interest in intellectual property law across all spheres of industry and social policy, including an interest in its legal principles, its social and normative foundations, and its place and operation in the political economy. This handbook written by leading academics and practitioners from the field of intellectual property law, and suitable for both a specialist legal readership and an intelligent but non-specialist legal and non-legal readership, provides a comprehensive account of the following areas: - The foundations of IP law, including its emergence and development in different jurisdictions and regions; - The substantive rules and principles of IP; and - Important issues arising from the existence and operation of IP in the political economy.

Reforming Intellectual Property

Ghidini, Gustavo,Falce, Valeria

Author : Ghidini, Gustavo,Falce, Valeria
Publisher : Edward Elgar Publishing
Page : 353 pages
File Size : 53,6 Mb
Release : 2022-09-06
Category : Law
ISBN : 9781803922256

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Reforming Intellectual Property by Ghidini, Gustavo,Falce, Valeria Pdf

Reforming Intellectual Property brings together 19 of the world’s leading scholars in the field to offer their unique insight into the future of intellectual property. Providing a diverse array of perspectives on the most pressing reforms needed in the current IP regime, whether in terms of legislation at national and international levels, or interpretation of existing law, this exceptional book highlights the key issues in this area and sets out an agenda for future research and policy.

Managing Copyright

Rudolf Leška

Author : Rudolf Leška
Publisher : Kluwer Law International B.V.
Page : 192 pages
File Size : 53,8 Mb
Release : 2023-05-30
Category : Law
ISBN : 9789403507675

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Managing Copyright by Rudolf Leška Pdf

Managing Copyright brings together prominent contributors in a collection of academic papers as well as business oriented reports which encompasses our current knowledge in the field of collective management of authors’ and related rights. This volume, published in cooperation with the Association littéraire et artistique internationale, is an output of the 2019 ALAI Congress held in Prague where scholars and practitioners met to discuss outstanding issues related to collective management. In the book, the reader finds large studies by well-known copyright scholars (Gervais, Drexl, Nérisson, Synodinou, Ficsor, Axhamn and others) and reports on every issue in this highly dynamic field of copyright law. The book is essential for policy makers, scholars and practitioners in the field of collective management of copyright and neighbouring rights around the globe if they want to keep pace with the new developments in the field. Features: · Extensive report on dozens of national laws on collective management of rights · Conflict of laws, the music industry and collective management · European and global comparison of different national regulatory approaches · Reports on experience and transposition of the EU Collective Management Directive · Presentation of alternative models of copyright management, independent management entities and beyond · Reciprocal agreements between collective management organizations · Regulation of competition in the copyright administration · Territoriality, cyberspace, metadata, geoblocking and digital content portability · Tariff litigation · Outline of future policy development (WIPO, EU and individual countries) Benefits: · Getting informed about current research problems, policy considerations and regulatory challenges in collective management · Overview of national legislations from dozens of countries and all continents · Combination of scholarly studies and business-oriented reports from the industry insiders

New Developments In Eu And International Copyright Law

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

EU Copyright Law by Irini Stamatoudi,Paul Torremans Pdf

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

International Copyright Law: U.S. and E.U. Perspectives by Jane C. Ginsburg,Edouard Treppoz Pdf

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

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

Exceptions in EU Copyright Law by Tito Rendas Pdf

Pluralism or Universalism in International Copyright Law by Tatiana Eleni Synodinou Pdf

The Routledge Handbook of EU Copyright Law by Eleonora Rosati Pdf

Propertizing European Copyright by Caterina Sganga Pdf

European Intellectual Property Law by Annette Kur,Thomas Dreier,Stefan Luginbuehl Pdf

Harmonizing Intellectual Property Law for a Trans-Atlantic Knowledge Economy by Anonim Pdf

The Oxford Handbook of Intellectual Property Law by Rochelle C. Dreyfuss,Justine Pila Pdf

Reforming Intellectual Property by Ghidini, Gustavo,Falce, Valeria Pdf

Managing Copyright by Rudolf Leška Pdf

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