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Copyright In The Digital Single Market
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Book Synopsis Copyright in the Digital Single Market by : Eleonora Rosati
Download or read book Copyright in the Digital Single Market written by Eleonora Rosati and published by Oxford University Press, USA. This book was released on 2021-08-26 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Copyright in the EU Digital Single Market by : Giuseppe Mazziotti
Download or read book Copyright in the EU Digital Single Market written by Giuseppe Mazziotti and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inside the EU, modernizing its copyright framework for the Internet age is considered a key step toward a Digital Single Market in the creative content sectors. To explore the most suitable and realistic policy options to achieve this objective, the CEPS formed a task force to foster a multistakeholder dialogue on the major challenges for copyright law in the online content sector today. Drawing on those discussions, this report contains the conclusions and policy recommendations organized around three main themes: - Licensing rules and practices in the online music and film sectors - The definition and implementation of copyright exceptions in the digital environment - The present and future of online copyright enforcement in Europe
Book Synopsis EU Internet Law in the Digital Single Market by : Tatiana-Eleni Synodinou
Download or read book EU Internet Law in the Digital Single Market written by Tatiana-Eleni Synodinou and published by Springer Nature. This book was released on 2021-06-25 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the ongoing evolution of the digital society challenging the boundaries of the law, new questions are arising – and new answers being given – even now, almost three decades on from the digital revolution. Written by a panel of legal specialists and edited by experts on EU Internet law, this book provides an overview of the most recent developments affecting the European Internet legal framework, specifically focusing on four current debates. Firstly, it discusses the changes in online copyright law, especially after the enactment of the new directive on the single digital market. Secondly, it analyzes the increasing significance of artificial intelligence in our daily life. The book then addresses emerging issues in EU digital law, exploring out of the box approaches in Internet law. It also presents the last cyber-criminality law trends (offenses, international instrument, behaviors), and discusses the evolution of personal data protection. Lastly, it evaluates the degree of consumer and corporate protection in the digital environment, demonstrating that now, more than ever, EU Internet law is based on a combination of copyright, civil, administrative, criminal, commercial and banking laws.
Book Synopsis EU Copyright Law by : Irini Stamatoudi
Download or read book EU Copyright Law written by Irini Stamatoudi and published by Edward Elgar Publishing. This book was released on 2021-03-26 with total page 1303 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Internet Intermediaries and Copyright Law by : Stefan Kulk
Download or read book Internet Intermediaries and Copyright Law written by Stefan Kulk and published by Kluwer Law International B.V.. This book was released on 2019-10-02 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: All forms of online communications and interactions between people and companies on the Internet are facilitated by intermediaries – service providers whose decisions and policies have a shaping effect on the Internet, its users and the information shared on it. Today, because such intermediaries employ technologies that go well beyond the mere transmission and storage of information into new realms potentially disrupting existing business models, a rethinking of existing relevant law is called for. The legal analysis and recommendations in this book put the topic of intermediary liability in the perspective of copyright law and offer a vision on how to regulate that liability. In the context of in-depth and up-to-date analyses on EU, US, German and Dutch law, the author discusses such issues and topics as the following: the liability rules in the new Directive on Copyright in the Digital Single Market; liability for the intermediary’s own copyright infringements (primary liability); the intermediary’s responsibility to stop or prevent the infringements of others (secondary liability); the role that fundamental rights play in copyright law and intermediary liability; the rights and interests of copyright owners, intermediaries and users, and how they are protected; notice-and-takedown by service providers; website blocking by Internet access providers; the publisher’s rights and the use of online articles by platforms; legal status of hyperlinks under copyright law; and search engine use of copyrighted materials. A focus on the strengths and weaknesses of existing EU copyright law concerning Internet intermediaries in terms of how future-proof that law is, includes detailed attention to legislation, regulation and case law. With its deeply informed guidance with respect to the methods of regulation in a domain that is heavily influenced by technological developments, this book will be welcomed by policymakers, legislators, academics, judges and practitioners working in the area of copyright law as applied to the Internet. The detailed attention to the extent to which an intermediary can be held liable for copyright infringements in both the EU and the US will prove highly beneficial for in-house counsellors and advisors working for rights holder organizations and intermediary service providers.
Book Synopsis EU Internet Law by : Tatiana-Eleni Synodinou
Download or read book EU Internet Law written by Tatiana-Eleni Synodinou and published by Springer. This book was released on 2017-11-09 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an overview of recent and future legal developments concerning the digital era, to examine the extent to which law has or will further evolve in order to adapt to its new digitalized context. More specifically it focuses on some of the most important legal issues found in areas directly connected with the Internet, such as intellectual property, data protection, consumer law, criminal law and cybercrime, media law and, lastly, the enforcement and application of law. By adopting this horizontal approach, it highlights – on the basis of analysis and commentary of recent and future EU legislation as well as of the latest CJEU and ECtHR case law – the numerous challenges faced by law in this new digital era. This book is of great interest to academics, students, researchers, practitioners and policymakers specializing in Internet law, data protection, intellectual property, consumer law, media law and cybercrime as well as to judges dealing with the application and enforcement of Internet law in practice.
Book Synopsis Collective Management of Copyright and Related Rights by : World Intellectual Property Organization
Download or read book Collective Management of Copyright and Related Rights written by World Intellectual Property Organization and published by WIPO. This book was released on 2022-12-22 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This third edition of Collective Management of Copyright and Related Rights presents an in-depth revision with invaluable updates on the different systems, legislative options and best practices of CMOs worldwide. As with previous editions, the book is written to reach a wide audience, with a special focus on questions that might emerge for governments as they prepare, adopt and apply collective management norms and regulations. The edition also sheds light on new copyright and related rights developments, including digital, technological and business trends, from all over the world. Additionally, there is detailed discussion on topics such as aspects of competition, national treatment, and different models of collective management.
Book Synopsis Copyright in the EU Digital Single Market by : Giuseppe Mazziotti
Download or read book Copyright in the EU Digital Single Market written by Giuseppe Mazziotti and published by . This book was released on 2011 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: The scope and enforcement of copyright in the digital environment have been among the most complex and controversial subjects tackled by lawmakers all over the world for the last decade. Due to the ubiquitous use of digital technology, modern regulation of copyright inherently touches on numerous areas of law and social and economic policy, including communications privacy and Internet governance. Modernising the EU's copyright framework is considered a key step towards achieving the goal of an EU Digital Single Market in the context of the 'Digital Agenda for Europe', an initiative launched by the European Commission in May 2010. How can the EU make copyright fit for purpose in the Internet age? What are the most suitable and realistic policy options to achieve the objective of a Digital Single Market in the creative content sectors? To give comprehensive answers to these questions, the CEPS Digital Forum formed a Task Force on Copyright in the EU Digital Single Market to foster a multi-stakeholder dialogue on the major challenges for copyright law in the online content sector today. Drawing on the discussions and input gathered by the Task Force, this report contains the conclusions and policy recommendations organised around three main themes: licensing rules and practices in the online music and film sectors, the definition and implementation of copyright exceptions in the digital environment and the present and future of online copyright enforcement in Europe.
Book Synopsis European Contract Law and the Digital Single Market by : Alberto De Franceschi
Download or read book European Contract Law and the Digital Single Market written by Alberto De Franceschi and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In light of the EU's commitment to making the Single Market fit for the digital age, leading scholars analyse new and urgent issues in the field of contract, data protection, copyright and private international law.
Book Synopsis Copyright and the Court of Justice of the European Union by : Eleonora Rosati
Download or read book Copyright and the Court of Justice of the European Union written by Eleonora Rosati and published by Oxford University Press. This book was released on 2023-10-05 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis European Intermediary Liability in Copyright: A Tort-Based Analysis by : Christina Angelopoulos
Download or read book European Intermediary Liability in Copyright: A Tort-Based Analysis written by Christina Angelopoulos and published by Kluwer Law International B.V.. This book was released on 2016-09-15 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: In step with its rapid progress to the centre of modern social, political, and economic life, the internet has proven a convenient vehicle for the commission of unprecedented levels of copyright infringement. Given the virtually insurmountable obstacles to successful pursuit of actual perpetrators, it has become common for intermediaries –providers of internet-related infrastructure and services – to face liability as accessories. Despite advances in policy at the European level, the law in this area remains far from consistently applicable. This is the first book to locate and clarify the substantive rules of European intermediary accessory liability in copyright and to formulate harmonised European norms to govern this complicated topic. With a detailed comparative analysis of relevant regimes in three major Member State jurisdictions – England, France, and Germany – the author elucidates the relationship between these rules and the demands of EU law on fundamental rights and the principles of European tort law. She clearly presents the interrelations between such areas as the following: - accessory liability in tort; - joint tortfeasance; - European fault-based liability: fault, causation, defences; - negligence; - negligence balancing: rights-based or utility-based?; - Germany’s “disturbance liability” (Störerhaftung); - fair balance in human rights; - end-users’ fundamental rights; - The European Commission’s 2015 Communication on a Digital Single Market Strategy for Europe; - The E-Commerce Directive and other relevant provisions; - Safe harbours: mere conduit, caching, hosting; - Intermediary actions: monitoring, filtering, blocking, removal of infringing content; and - application of remedies: damages and injunctions. The strong points of each national system are highlighted, as are the commonalities between them, and the author uses these to build a proposed harmonised European framework for intermediary liability for copyright infringement. She concludes with suggestions for the future possible integration of the proposed framework into EU law. The issue of the liability of internet intermediaries for third party copyright infringement has entered into the political agenda across the globe, giving rise to one of the most complex, contentious, and fascinating debates in modern copyright law. This book offers an opportunity for a re-conceptualisation and rationalisation of the applicable law, in a way which additionally better accounts for the cross-border nature of the internet. It will be of inestimable value to many interested parties – lawyers, internet intermediaries, NGOs, policymakers, universities, libraries, researchers, lobbyists – in matters regarding the information society.
Book Synopsis Exceptions in EU Copyright Law by : Tito Rendas
Download or read book Exceptions in EU Copyright Law written by Tito Rendas and published by Kluwer Law International B.V.. This book was released on 2021-02-10 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Copyright in the Information Society by : Brigitte Lindner
Download or read book Copyright in the Information Society written by Brigitte Lindner and published by Edward Elgar Publishing. This book was released on 2019 with total page 1032 pages. Available in PDF, EPUB and Kindle. Book excerpt: This substantially revised second edition evaluates the Directive on Copyright in the Information Society and its interpretation by the European Court of Justice in the light of its implementation and application in the EU's 28 member states. Following the initial implementation of the Directive, many member states have enacted further legislation to supplement or refine their earlier implementation: this edition will take these important developments into account. Providing a snapshot of the status quo of copyright protection in the member states, this book is an indispensable tool for the national implementation of the newly adopted Directive on Copyright in the Digital Single MarketKey features of the updated second edition include:* Chapters authored by experts from all 28 member states, providing detailed analysis on how the Directive has been implemented and applied on a national level* Contextual chapters on the relevant WIPO treaties and the Directive that highlight areas of discretion left to national legislators* Updated review of the European Court's case law that serves to interpret the Directive* Expanded Foreword by Dr Jörg Reinbothe, the architect of the Directive.Combining practical information on implementation of the Directive with the latest academic research this book will be of great value to policy makers, practising lawyers and researchers alike. The book will be of particular interest for the further development of copyright in the Digital Single Market since it captures the status quo of copyright protection in the member states at a decisive moment in the legislative debate.
Book Synopsis General Principles of EU Law and the EU Digital Order by : Ulf Bernitz
Download or read book General Principles of EU Law and the EU Digital Order written by Ulf Bernitz and published by Kluwer Law International. This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: General Principles of EU Law and the EU Digital Order' addresses the role of general principles in the era of digitalization and the (potential) impact of digitalization on the theory of general principles of union law. Digitalization of societies has important ramifications for citizens and businesses. The digital landscape is rapidly changing, whereas at the same time there are growing concerns about how market access in the European Union?s (EU?s) digital market as well as fundamental rights can be sufficiently safeguarded in the shadow of?big data? and algorithms. This book presents expert analyses of how digitalization raises questions of the future role for general principles of EU law, including the foundational principles of the EU?s fundamental economic freedoms and EU competition rules.
Book Synopsis Law of Raw Data by : Jan Bernd Nordemann
Download or read book Law of Raw Data written by Jan Bernd Nordemann and published by Kluwer Law International B.V.. This book was released on 2021-08-23 with total page 605 pages. Available in PDF, EPUB and Kindle. Book excerpt: Data, in its raw or unstructured form, has become an important and valuable economic asset, lending it the sobriquet of ‘the oil of the twenty-first century’. Clearly, as intellectual property, raw data must be legally defined if not somehow protected to ensure that its access and re-use can be subject to legal relations. As legislators struggle to develop a settled legal regime in this complex area, this indispensable handbook will offer a careful and dedicated analysis of the legal instruments and remedies, both existing and potential, that provide such protection across a wide variety of national legal systems. Produced under the auspices of the International Association for the Protection of International Property (AIPPI), more than forty of the association’s specialists from twenty-three countries worldwide contribute national chapters on the relevant law in their respective jurisdictions. The contributions thoroughly explain how each country approaches such crucial matters as the following: if there is any intellectual property right available to protect raw data; the nature of such intellectual property rights that exist in unstructured data; contracts on data and which legal boundaries stand in the way of contract drafting; liability for data products or services; and questions of international private law and cross-border portability. Each country’s rules concerning specific forms of data – such as data embedded in household appliances and consumer goods, criminal offence data, data relating to human genetics, tax and bank secrecy, medical records, and clinical trial data – are described, drawing on legislation, regulation, and case law. A matchless legal resource on one of the most important raw materials of the twenty-first century, this book provides corporate counsel, practitioners and policymakers working in the field of intellectual property rights, and concerned academics with both a broad-based global overview on emerging legal strategies in the protection of unstructured data and the latest information on existing legislation and regulation in the area.
Book Synopsis Online Distribution of Content in the EU by : Taina Pihlajarinne
Download or read book Online Distribution of Content in the EU written by Taina Pihlajarinne and published by Edward Elgar Publishing. This book was released on with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legal issues surrounding the online distribution of content have recently gained prominence due to the European Commission’s commitment to the Digital Single Market (DSM). This book is one of the first to provide highly topical analysis of the key legal challenges surrounding the online distribution of content, with particular focus on intellectual property rights, competition law and the regulation of new technologies.
Book Synopsis Copyright in the Digital Era by : National Research Council
Download or read book Copyright in the Digital Era written by National Research Council and published by National Academies Press. This book was released on 2013-05-30 with total page 103 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the course of several decades, copyright protection has been expanded and extended through legislative changes occasioned by national and international developments. The content and technology industries affected by copyright and its exceptions, and in some cases balancing the two, have become increasingly important as sources of economic growth, relatively high-paying jobs, and exports. Since the expansion of digital technology in the mid-1990s, they have undergone a technological revolution that has disrupted long-established modes of creating, distributing, and using works ranging from literature and news to film and music to scientific publications and computer software. In the United States and internationally, these disruptive changes have given rise to a strident debate over copyright's proper scope and terms and means of its enforcement-a debate between those who believe the digital revolution is progressively undermining the copyright protection essential to encourage the funding, creation, and distribution of new works and those who believe that enhancements to copyright are inhibiting technological innovation and free expression. Copyright in the Digital Era: Building Evidence for Policy examines a range of questions regarding copyright policy by using a variety of methods, such as case studies, international and sectoral comparisons, and experiments and surveys. This report is especially critical in light of digital age developments that may, for example, change the incentive calculus for various actors in the copyright system, impact the costs of voluntary copyright transactions, pose new enforcement challenges, and change the optimal balance between copyright protection and exceptions.
