The Autonomous Legal Concept Of Communication To The Public

Author : Branka Marusić
Publisher : Edward Elgar Publishing
Page : 0 pages
File Size : 43,8 Mb
Release : 2023-05-16
Category : Communication
ISBN : 1035302225

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The Autonomous Legal Concept of Communication to the Public by Branka Marusić Pdf

The economic right of a copyright holder to communicate to the public has become an increasingly important and complex issue in recent years, this is partially due to changes in the way that content is accessed and consumed online. This innovative book analyses the right of communication to the public, taking account of what legal standing an autonomous legal concept can hold, and how this is impacted by wider harmonisation efforts at an EU level. The book explores the scope of the right of communication to the public in a twofold manner: Firstly, it examines the legal standing and effect, from a constitutional perspective of an autonomous legal concept. Secondly, it analyses CJEU case law, grouping cases by type of communication model to demonstrate what kind of authorisation is required to permit widened communication to the public online. Marusic builds on both strands of analysis to propose an operational model of communication for future use, that can aid in identifying and remedying infringements. Providing novel analysis on the definition and status of autonomous legal concepts in the EU, and setting this analysis against the context of harmonisation processes, this book will be of great interest to scholars working in both copyright law and EU law more widely.

Author : Branka Marušić
Publisher : Unknown
Page : 128 pages
File Size : 47,6 Mb
Release : 2021
Category : Electronic
ISBN : 9179116108

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The Autonomous Legal Concept of Communication to the Public in the European Union by Branka Marušić Pdf

Author : Branka Marušić
Publisher : Edward Elgar Publishing
Page : 257 pages
File Size : 46,7 Mb
Release : 2023-05-09
Category : Law
ISBN : 9781035302239

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The Autonomous Legal Concept of Communication to the Public by Branka Marušić Pdf

The economic right of a copyright holder to communicate to the public has become an increasingly important and complex issue in recent years, this is partially due to changes in the way that content is accessed and consumed online. This innovative book analyses the right of communication to the public, taking account of what legal standing an autonomous legal concept can hold, and how this is impacted by wider harmonisation efforts at an EU level.

Author : Mark Van Hoecke
Publisher : Bloomsbury Publishing
Page : 240 pages
File Size : 48,5 Mb
Release : 2002-10-23
Category : Law
ISBN : 9781847311252

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Law as Communication by Mark Van Hoecke Pdf

Human interaction and communication are not only regulated by law,but such communication plays an increasing role in the making and legitimation of law, involving various kinds of participants in the communication process. The precise nature of these communications depends on the legal actors involved -- for instance legislators, judges, legal scholars, and the media -- and on the situations where they arise – for instance at the national and supra-national level and within or between State law and non-State law. The author argues that our conception of legal system, of democracy, of the legitimation of law and of the respective role of judges, legislators and legal scholars should be based on a pluralist and communicative approach, rather than on a monolithic and hierarchical one. This book analyses the main problems of jurisprudence from such a communicative perspective

Author : William E. Lee,Daxton Stewart,Jonathan Peters
Publisher : Routledge
Page : 719 pages
File Size : 50,8 Mb
Release : 2020-07-20
Category : Law
ISBN : 9781000080407

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The Law of Public Communication, 11th Edition by William E. Lee,Daxton Stewart,Jonathan Peters Pdf

The eleventh edition of this classic textbook provides an overview of communication and media law that includes the most current legal developments. It explains the laws affecting the daily work of writers, broadcasters, PR practitioners, photographers and other public communicators. By providing statutes and cases in an accessible manner, even to students studying law for the first time, the authors ensure that students will acquire a firm grasp of the legal issues affecting the media. This new edition features discussions of hot topics such as the prosecution of WikiLeaks founder Julian Assange for Espionage Act violations, the U.S. Supreme Court's decision in Iancu v. Brunetti addressing the registration of offensive trademarks, revenge porn, FTC guidelines on social media influencers and efforts by social media platforms to develop coherent approaches to misinformation. The Law of Public Communication is an ideal core textbook for undergraduate and graduate courses in communication law and mass media law. A downloadable test bank is available for instructors at www.routledge.com/9780367476793.

Author : Loreto Corredoira,Ignacio Bel Mallen,Rodrigo Cetina Presuel
Publisher : John Wiley & Sons
Page : 336 pages
File Size : 42,7 Mb
Release : 2021-04-08
Category : Law
ISBN : 9781119719519

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The Handbook of Communication Rights, Law, and Ethics by Loreto Corredoira,Ignacio Bel Mallen,Rodrigo Cetina Presuel Pdf

Discover how modern technological realities shape freedoms of expression and opinion with this comprehensive resource. The Handbook of Communication Rights, Law, and Ethics delivers an extensive review of the challenges facing modern communication rights. It offers readers an examination of the interplay between communication law and ethics and the role played by communication professionals in protecting individuals’ rights to communication. Distinguished authors Loreto Corredoira, Ignacio Bel Mallén and Rodrigo Cetina Presuel walk readers through the fundamental ideas and concepts that represent universal common ground regarding communication rights. They compare communication rights theories developed in Europe, the United States, Latin America, Australia, and East Asia to describe how communication-related freedoms and rights are formulated and applied around the world. Finally, the meaning of the phrases “freedom of expression” and “freedom of the press” are examined in the context of national constitutions and international human rights instruments.The Handbook of Communication Rights, Law, and Ethics provides readers with: A diverse, global perspective on how communication rights are protected and challenged around the world A universal vision of communication rights that encourages dialogue rather than confrontation A comparison of the American First Amendment of the Constitution with European communication rights theories and other legal traditions around the world An exploration of the frontiers of communication rights concepts, terminology, jurisdiction, and territoriality Perfect for professors, graduate students, doctoral students, and postdoctoral researchers studying communication rights and freedom of expression around the world, The Handbook of Communication Rights, Law, and Ethics also belongs on the bookshelves of researchers studying issues surrounding freedom of the press in North America, Europe, and Latin America.

Author : Tito Rendas
Publisher : Kluwer Law International B.V.
Page : 400 pages
File Size : 41,8 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.

Author : Eleonora Rosati
Publisher : Oxford University Press
Page : 513 pages
File Size : 53,8 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.

Author : Kent R. Middleton,Bill F. Chamberlin
Publisher : Unknown
Page : 679 pages
File Size : 41,5 Mb
Release : 1989
Category : Freedom of speech
ISBN : 0801304776

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The Law of Public Communication by Kent R. Middleton,Bill F. Chamberlin Pdf

Author : Marek Zirk-Sadowski,Bartosz Wojciechowski
Publisher : Routledge
Page : 294 pages
File Size : 54,6 Mb
Release : 2016-02-24
Category : Law
ISBN : 9781317008897

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Towards Recognition of Minority Groups by Marek Zirk-Sadowski,Bartosz Wojciechowski Pdf

This volume analyses current debates concerning problems in the nature, justification, and legal protection of human rights for minorities, with reference to the issues surrounding social milieu as a source of any legitimized law, which is in itself in need of legal recognition as well as being an object of legal protection. With contributions from a global network of scientists across several continents, the work examines the debate dedicated to the understanding of the normative framework, expressed in terms of human rights that guarantee autonomous action in public and private for minority groups as well as individuals. The chapters go on to study the particular claims that need to be audible and visible for others in the public sphere with reference to the legal protection of human rights. The work concludes with the completion of an interpretative circle debating the issues of legal consensus and legal identity with respect to the specificity of the patterns and modes guiding human interactions. Going beyond the legal analysis to discuss communication strategies in human rights, this collection will be of great interest to those studying the philosophy and theory of law, practical philosophy in general, political sciences and theory of democracy.

Author : William E. Lee,Daxton R. Stewart,Jonathan Peters
Publisher : Taylor & Francis
Page : 715 pages
File Size : 43,7 Mb
Release : 2022-08-01
Category : Law
ISBN : 9781000637526

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The Law of Public Communication by William E. Lee,Daxton R. Stewart,Jonathan Peters Pdf

The twelfth edition of this classic textbook provides an overview of communication and media law including the most current legal developments. It explains laws affecting the daily work of writers, broadcasters, public relations practitioners, photographers, bloggers and other public communicators. By providing statutes and cases in an accessible manner, even to students studying law for the first time, the authors ensure that students acquire a firm grasp of the legal issues affecting the media. The book examines legal topics such as libel, privacy, intellectual property, obscenity and access to information, considering the development and current standing of relevant laws and important cases. It examines how these laws affect public, political and commercial communication. The twelfth edition discusses hot topics such as proposals to modify Section 230 of the Communications Decency Act, net neutrality legislation, participant monitoring, the "actual malice" standard for litigation against journalists and the Julian Assange Espionage Act prosecution. It also explores social media issues, such as whether social media use by public officials constitutes a public forum, liability for defamation and the operation of Facebook’s Oversight Board. The Law of Public Communication is an ideal core textbook for undergraduate and graduate courses in communication law and mass media law. Online resources include a test bank and PowerPoint slides.

Author : Michel Rosenfeld,Andrew Arato
Publisher : Univ of California Press
Page : 488 pages
File Size : 46,8 Mb
Release : 1998
Category : Law
ISBN : 0520204662

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Habermas on Law and Democracy by Michel Rosenfeld,Andrew Arato Pdf

A collection of provocative, in-depth debates between Jurgen Habermas and a wide range of his critics relating to the philosopher's contribution to legal and democratic theory as published in his book BETWEEN FACTS AND NORMS. Essential reading for philosophers, legal scholars, and political and social theorists concerned with understanding the work of one of the leading philosophers of our age.

Author : Christoph A. Hafner,Anne Wagner
Publisher : Routledge
Page : 278 pages
File Size : 46,6 Mb
Release : 2016-02-24
Category : Law
ISBN : 9781317006671

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Transparency, Power, and Control by Christoph A. Hafner,Anne Wagner Pdf

This book brings together academics and practitioners from a range of disciplines from more than twenty countries to reflect on the growing importance of transparency, power and control in our international community and how these concerns and ideas have been examined, used and interpreted in a range of national and international contexts. Contributors explore these issues from a range of overlapping concerns and perspectives, such as semiotic, sociolinguistic, psychological, philosophical, and visual in diverse socio-political, administrative, institutional, as well as legal contexts. The collection examines the ways in which 'actors' in our society - legislators, politicians, activists, and artists - have provoked public discourses to confront these issues.

Author : Kent Middleton,William Eyre Lee
Publisher : Allyn & Bacon
Page : 632 pages
File Size : 41,5 Mb
Release : 2007
Category : Language Arts & Disciplines
ISBN : PSU:000060449429

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The Law of Public Communication by Kent Middleton,William Eyre Lee Pdf

Focusing on the implications of the law for practitioners, this annually updated book, The Law of Public Communication, examines legal issues affecting journalism, political and commercial speech, and electronic media. The Seventh Edition of this top-selling media law book includes the most current information explaining the law as it applies to the daily work of writers, broadcasters, advertisers, cable operators, Internet service providers, public relations practitioners, photographers, and other public communicators. By presenting statutes and cases in a cohesive manner that is understandable even to people studying law for the first time, the authors ensure that the reader will acquire a firm grasp of the legal issues affecting the media.

Author : Hendrik L. E. Verhagen
Publisher : Oxford University Press
Page : 447 pages
File Size : 49,8 Mb
Release : 2022-09-05
Category : Law
ISBN : 9780192524324

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Security and Credit in Roman Law by Hendrik L. E. Verhagen Pdf

There are no legal institutions other than pignus and hypotheca (i.e. mortgage) where the formative effect of legal practice can be so clearly observed. Security and Credit in Roman Law outlines the legal history of these institutions in terms of an iterative relationship between transactional lawyers drafting legal transactions and Roman jurisprudence deploying its analytical skills in order to accommodate new transactional practices into the Roman legal system. The evolution of the Roman law of real security, well known through the legal sources (Justinian's Digest and Code), is reconstructed, while matching it with actual banking practices, in particular the secured lending transactions documented in the archive of the Sulpicii. In the late classical period the imperial chancery increasingly interfered with it in order to provide a considerable degree of protection to debtors. The (largely but certainly not completely) spontaneous evolution of Roman law produced a law of secured transactions which was highly sophisticated and versatile, allowing non-possessory security, multiple charges, pledges of receivables, antichretic pledges, and even floating charges over a dynamic fund of assets. Since legal systems often adapt in reaction to impulses from their economic environment, the complexity of the Roman law of real security indicates that pignus and hypotheca did play a significant role in the Roman economy. It will be shown that this role was generally a positive one. Its main weaknesses were lack of publicity and the presence of fiscal charges: even these weaknesses did not undermine the effectiveness of secured transactions.