The Competence Of The European Union In Copyright Lawmaking

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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 : 44,6 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.

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 : 46,6 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.

Lawmaking in the European Union

P. Craig
Lawmaking in the European Union Book PDF

Author : P. Craig
Publisher : Springer
Page : 0 pages
File Size : 52,6 Mb
Release : 1998-08-12
Category : Law
ISBN : 9041196838

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Lawmaking in the European Union by P. Craig Pdf

The law-making process of the European Union is a topic of primary concern not only for academics from a variety of disciplines, but also for politicians and for citizens of the EU in general. Law Making in the European Union covers every aspect of this subject in a unique and comprehensive manner. Part I of the book considers issues relating to democracy and legitimacy within the Union, topics which have been the subject of increased debate in recent years. Part II explores the role of Parliaments in the law-making process, including both that of the European Parliament and of national parliaments. The focus shifts in Part III to institutional interaction. The contributions within this section highlight the way in which law making operates in the diverse subject areas which fall within the competence of the Community and the Union, emphasising the way in which the major players interact when passing new legislation. Finally, Part IV considers problems relating to the harmonisation, implementation and incorporation of Community law within the Member States. The fact that the contributors represent a number of different Member States provides a valuable wider focus for the inquiry. The WG Hart Legal Workshop is organised under the auspices of the Institute of Advanced Legal Studies of the University of London.

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 : 47,7 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.

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 : 52,5 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 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 : 40,5 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 : 47,5 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.

Research Handbook on the Future of EU Copyright

Estelle Derclaye
Research Handbook on the Future of EU Copyright Book PDF

Author : Estelle Derclaye
Publisher : Edward Elgar Publishing
Page : 667 pages
File Size : 55,5 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.

Originality in EU Copyright

Eleonora Rosati
Originality in EU Copyright Book PDF

Author : Eleonora Rosati
Publisher : Edward Elgar Publishing
Page : 300 pages
File Size : 46,7 Mb
Release : 2013-10-31
Category : Law
ISBN : 9781782548942

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Originality in EU Copyright by Eleonora Rosati Pdf

Through an assessment of the originality requirement, this work guides the reader in interpreting judicial decisions which are of fundamental importance to current and future understanding of EU copyright. The book�s holistic approach and methodology t

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 : 46,7 Mb
Release : 2023-10-05
Category : Electronic
ISBN : 9780198885580

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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.

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 : 55,9 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.

Research Handbook on Copyright Law

Paul Torremans
Research Handbook on Copyright Law Book PDF

Author : Paul Torremans
Publisher : Edward Elgar Publishing
Page : 616 pages
File Size : 49,8 Mb
Release : 2017-10-27
Category : Electronic
ISBN : 9781785361432

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Research Handbook on Copyright Law by Paul Torremans Pdf

This second edition is a timely presentation of the state-of-the-art in copyright research. Copyright law is currently at the centre of many debates and the subject of substantive new developments. The new edition of the Research Handbook captures these fast moving developments and goes far beyond a mere update of the chapters. All of the topical chapters are completely new and the authors have been chosen for their expertise and excellence in the areas concerned. Research Handbook on Copyright Law offers global coverage, both in terms of substance and in terms of author expertise, and maps both the present and future of the discipline. It will prove an invaluable research tool for all those involved in copyright research who wish to keep up with the pace at which this area of law is evolving.

Pluralism or Universalism in International Copyright Law

Tatiana Eleni Synodinou
Pluralism or Universalism in International Copyright Law Book PDF

Author : Tatiana Eleni Synodinou
Publisher : Kluwer Law International B.V.
Page : 572 pages
File Size : 48,9 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.

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

Jane C. Ginsburg,Edouard Treppoz
International Copyright Law U S and E U Perspectives Book PDF

Author : Jane C. Ginsburg,Edouard Treppoz
Publisher : Edward Elgar Publishing
Page : 880 pages
File Size : 53,7 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

Exceptions in EU Copyright Law

Tito Rendas
Exceptions in EU Copyright Law Book PDF

Author : Tito Rendas
Publisher : Kluwer Law International B.V.
Page : 400 pages
File Size : 50,5 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.