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Author: Eleonora Rosati
Publisher: Routledge Handbooks in Law
ISBN: 9780367741549
Category : Copyright
Languages : en
Pages : 0
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Book Description
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.
Author: Eleonora Rosati
Publisher: Routledge Handbooks in Law
ISBN: 9780367741549
Category : Copyright
Languages : en
Pages : 0
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Book Description
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.
Author: Irini Stamatoudi
Publisher: Edward Elgar Publishing
ISBN: 1786437805
Category : Law
Languages : en
Pages : 1303
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Book Description
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.
Author: Tito Rendas
Publisher: Kluwer Law International B.V.
ISBN: 9403524006
Category : Law
Languages : en
Pages : 400
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Book Description
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: Estelle Derclaye
Publisher: Edward Elgar Publishing
ISBN: 1848446004
Category : Law
Languages : en
Pages : 667
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Book Description
. . . 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: Sabine Jacques
Publisher: Oxford University Press
ISBN: 0192529986
Category : Law
Languages : en
Pages : 310
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Book Description
Parodies have been created throughout times and cultures. A glimpse at the general judicial latitude generally afforded to parodies, satires, caricatures, and pastiches demonstrates the social and cultural value of this particular form of artistic expression. With the advent of technologies and the evolution of copyright legislation, creative endeavours in the form of parody gathered a new youth but became unlawful. While copyright law grants exclusive rights to right-holders, this right is not absolute. Legislation includes specific exceptions, which preclude right-holders from exercising their prerogatives in particular cases which foster creativity and cultural diversity within that society. The parody exception pertains to this ultimate objective by permitting users to reproduce copyright-protected materials for the purpose of parody. To understand the meaning and scope of the parody exception, this book examines and compares five jurisdictions which differ in their protection of parodies: France, Australia, Canada, the US and the United Kingdom. This book is concerned with finding an appropriate balance between the protection awarded to right-holders and the public interest. This is achieved by analysing the parody exception to the economic rights of right-holders, the preservation of moral rights and the interaction of the parody exception with contract law. As parodies constitute an artistic expression protected under the right to freedom of expression, this book also considers the influence of freedom of expression on the interpretation of this specific copyright exception. Furthermore, this book aims at providing guidance on how to resolve conflicts where fundamental rights are in conflict. This is the first book in English to offer an in-depth investigation into the parody exception in copyright law, and comments on industry practices linked to this form of creative endeavours.
Author: Paul Torremans
Publisher: Edward Elgar Publishing
ISBN: 1785361430
Category : Law
Languages : en
Pages : 625
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Book Description
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.
Author: Jani McCutcheon
Publisher: Routledge
ISBN: 1000193551
Category : Art
Languages : en
Pages : 285
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Book Description
This book provides an overview of disability exceptions to copyright infringement and the international and human rights legal framework for disability rights and exceptions. The focus is on those exceptions as they apply to visual art, while the book presents a comprehensive study of copyright’s disability exceptions per se and the international and human rights law framework in which they are situated. 3D printing now allows people with a visual impairment to experience 3D reproductions of paintings, drawings and photographs through touch. At the same time, the uncertain application of existing disability exceptions to these reproductions may generate concerns about legal risk, hampering sensory art projects and reducing inclusivity and equity in cultural engagement by people with a visual impairment. The work adopts an interdisciplinary approach, with contributions from diverse stakeholders, including persons with disabilities, cultural institutions and the 3D printing industry. The book sketches the scene relating to sensory art projects. Experts in intellectual property, human rights, disability and art law then critically analyse the current legal landscape relating to disability access to works of visual art at both international and regional levels, as well as across a broad representative sample of national jurisdictions, and identify where legal reform is required. This comparative analysis of the laws aims to better inform stakeholders of the applicable legal landscape, the legal risks and opportunities associated with sensory art and the opportunities for reform and best practice guidelines, with the overarching goal of facilitating international harmonisation of the law and enhanced inclusivity.
Author: John Croome
Publisher: DIANE Publishing
ISBN: 0788130463
Category : Foreign trade regulation
Languages : en
Pages : 411
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Book Description
Tracing the history and evolution of the Uruguay Round, this book seeks to explain how it came about, why it covered the subjects it did, what the participants sought, & the twists, turns, setbacks & successes in each sector of the negotiations.
Author: Eleonora Rosati
Publisher: Oxford University Press, USA
ISBN: 9780198858591
Category : Law
Languages : en
Pages : 528
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Book Description
This book provides an article-by-article commentary to all the provisions of Directive 2019/790 on copyright in the Digital Single Market. It is the first complete commentary to Directive 2019/790, analyzing the history, objectives, and content of each and every provision.
Author: Emily Hudson
Publisher: Cambridge University Press
ISBN: 9781107618541
Category : Law
Languages : en
Pages : 0
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Book Description
How should copyright exceptions be drafted? This is a question of ongoing concern in scholarly and law reform debates. In Drafting Copyright Exceptions, Emily Hudson assesses drafting options using insights from the standards and rules literature, and case studies from cultural institutions in Australia, Canada, the UK and the US. Drawing on thousands of hours of fieldwork conducted over fourteen years, the book describes how staff engage with and interpret the law. Whilst some practices are guided strongly by copyright doctrine, others are influenced by the factors such as ethical views, risk assessment, and prosaic matters related to collection management. This work should be read by anyone interested in a detailed account of interpretative practices related to the drafting of copyright exceptions, but it also speaks to broader debates about the relationship between the 'law in books' and the 'law in action'.
