Copyright in the Age of Online Access

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041186794
Total Pages : 506 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Copyright in the Age of Online Access by : João Pedro Quintais

Download or read book Copyright in the Age of Online Access written by João Pedro Quintais and published by Kluwer Law International B.V.. This book was released on 2017-05-15 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: " In addition to proving virtually impossible, online enforcement of copyright may be undesirable because it risks encroaching upon fundamental rights and freedoms. However, the problem remains that creators are often not fairly remunerated for the online use of their works. This book addresses the urgent need to study pragmatic legal solutions that enable Internet users to access works in the digital environment, while assuring remuneration to rights holders and promoting the development of the information society. This study examines legalisation schemes that favour remunerated access over exclusivity and enforcement for large-scale online use by individuals. It investigates whether and to what extent these schemes (referred to as alternative compensation systems) are admissible under EU copyright law and consistent with its objectives, responding to such questions as the following in depth: - What existing copyright schemes provide an alternative to the exclusive right in copyright law? - What online rights apply to the activities of Internet users? - What types of models exist for the legalisation of online use of copyright works? - How can the public interest shape the scope of protection of copyright? - Can and should we legalise non-commercial file sharing and online use in EU copyright law? The book carefully examines these questions in light of EU primary law, relevant directives (with a focus on the InfoSoc Directive), case law (especially that of the CJEU), and legal literature in the field of copyright. The analysis culminates with a proposed blueprint for a compensated limitation for non-commercial individual use that is consistent with EU copyright law. As a thoroughly researched and balanced response to the urgent need to rethink EU copyright law in light of its lack of social acceptance and technological adequacy, this book will be of inestimable value to lawyers, policymakers, and scholars in the field, as well as to interest groups involved in discussions for reform and modernisation of EU digital copyright law. "

Exceptions in EU Copyright Law

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403524006
Total Pages : 400 pages
Book Rating : 4.4/5 (35 download)

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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.

Internet Intermediaries and Copyright Law

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403514906
Total Pages : 526 pages
Book Rating : 4.4/5 (35 download)

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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.

The Routledge Handbook of EU Copyright Law

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Publisher : Routledge Handbooks in Law
ISBN 13 : 9780367741549
Total Pages : 0 pages
Book Rating : 4.7/5 (415 download)

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Book Synopsis The Routledge Handbook of EU Copyright Law by : Eleonora Rosati

Download or read book The Routledge Handbook of EU Copyright Law written by Eleonora Rosati and published by Routledge Handbooks in Law. This book was released on 2023-01-09 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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Publisher : Edward Elgar Publishing
ISBN 13 : 1786437805
Total Pages : 1303 pages
Book Rating : 4.7/5 (864 download)

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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.

EU Digital Copyright Law and the End-User

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Author :
Publisher : Springer Science & Business Media
ISBN 13 : 3540759859
Total Pages : 378 pages
Book Rating : 4.5/5 (47 download)

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Book Synopsis EU Digital Copyright Law and the End-User by : Giuseppe Mazziotti

Download or read book EU Digital Copyright Law and the End-User written by Giuseppe Mazziotti and published by Springer Science & Business Media. This book was released on 2008-02-19 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a thorough exploration of the legal framework of EU digital copyright law from the perspective of the end-user. It provides a detailed examination of the implications that the spectacular rise of this new actor creates for the interplay between the EU copyright system and human rights law, competition law and other important policies contained in the EC Treaty. This comprehensive, book is crucial reading for lawyers, policymakers and academics.

Collective Management of Copyright and Related Rights

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Publisher : WIPO
ISBN 13 : 9280534653
Total Pages : 252 pages
Book Rating : 4.2/5 (85 download)

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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.

EU Intellectual Property Law and Policy

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1781003483
Total Pages : 588 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis EU Intellectual Property Law and Policy by : The late Catherine Seville

Download or read book EU Intellectual Property Law and Policy written by The late Catherine Seville and published by Edward Elgar Publishing. This book was released on 2016-09-28 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully updated book offers a compact and accessible account of EU intellectual property (IP) law and policy. The digital age brings many opportunities, but also presents continuing challenges to IP law as the EU’s programme of harmonisation unfolds. As well as addressing the main IP rights (copyright, patents, designs, trade marks and related rights), the book also considers IP’s relationship with the EU’s rules on free movement of goods and competition, as well as examining the enforcement of IP rights. Taking account of numerous changes, this timely second edition covers the substantive provisions and procedures which apply throughout the EU, making extensive reference to the case law. The author considers how the exploitation of IP is increasingly global; harmonisation, in contrast, is only partial, even at the EU level. In response, the book sets EU IP law in its wider international context. It also seeks to highlight policy issues and arguments of relevance to the EU, in its relations both within the Union and with the rest of the world. Designed as a compact and approachable account of these difficult and technical areas, and with advice on further reading and research, this unique book is useful both as a work of reference and for more general study. It is essential reading for postgraduate students, academic researchers and legal practitioners alike.

European Intermediary Liability in Copyright: A Tort-Based Analysis

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041168419
Total Pages : 594 pages
Book Rating : 4.0/5 (411 download)

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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.

Intellectual Property Law in the European Community

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Author :
Publisher : WorldTrade Executive, Inc.
ISBN 13 : 9781893323537
Total Pages : 420 pages
Book Rating : 4.3/5 (235 download)

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Book Synopsis Intellectual Property Law in the European Community by : Angus Phang

Download or read book Intellectual Property Law in the European Community written by Angus Phang and published by WorldTrade Executive, Inc.. This book was released on 2004 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report, which includes contributions from 24 leading intellectual property attorneys throughout Europe, covers the fundamentals of intellectual property protection law and practice in each of the member countries of the European Community. (Legal Reference/Law Profession)

Research Handbook on the Future of EU Copyright

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Publisher : Edward Elgar Publishing
ISBN 13 : 1848446004
Total Pages : 667 pages
Book Rating : 4.8/5 (484 download)

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Book Synopsis Research Handbook on the Future of EU Copyright by : Estelle Derclaye

Download or read book Research Handbook on the Future of EU Copyright written by Estelle Derclaye and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 667 pages. Available in PDF, EPUB and Kindle. Book excerpt: . . . 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.

Copyright Exhaustion

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Publisher : Cambridge University Press
ISBN 13 : 1108910246
Total Pages : 271 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis Copyright Exhaustion by : Péter Mezei

Download or read book Copyright Exhaustion written by Péter Mezei and published by Cambridge University Press. This book was released on 2022-02-24 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the Second Edition of Copyright Exhaustion, copyright scholar Péter Mezei offers an expanded examination of copyright exhaustion, including its historical development, theoretical framework, practical applications, and policy considerations. He includes updated case law and statutory developments for the first-sale doctrine in the United States and in the European Union, covering both analogue and digital applications with an eye toward scrutinizing the common rejection of exhaustion in the resale of digital subject matter including computer programs, sound recordings, audiovisual works, and e-books. He advocates for a digital first-sale doctrine that would offer legal consistency to copyright law and a technologically feasible framework for content producers and consumers.

Film Copyright in the European Union

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Publisher : Cambridge University Press
ISBN 13 : 1107120748
Total Pages : 561 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Film Copyright in the European Union by : Pascal Kamina

Download or read book Film Copyright in the European Union written by Pascal Kamina and published by Cambridge University Press. This book was released on 2016-04-28 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second edition details the substantial developments in EU law during the last decade, including major cases, new treaties and new directives.

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

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1783477989
Total Pages : 878 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis International Copyright Law: U.S. and E.U. Perspectives by : Jane C. Ginsburg

Download or read book International Copyright Law: U.S. and E.U. Perspectives written by Jane C. Ginsburg and published by Edward Elgar Publishing. This book was released on 2015-05-29 with total page 878 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

European Copyright Law

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Author :
Publisher : OUP Oxford
ISBN 13 : 9780199227327
Total Pages : 0 pages
Book Rating : 4.2/5 (273 download)

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Book Synopsis European Copyright Law by : Michel Walter

Download or read book European Copyright Law written by Michel Walter and published by OUP Oxford. This book was released on 2010-03-25 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the first time in the English language, this book offers the reader everything they need to know on European copyright law in one volume. Thoroughly covering all of the EU Directives and related rights, with detailed article-by-article analysis of the provisions, it is a must have for copyright lawyers across Europe and the rest of the world.

Harmonizing European Copyright Law

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041131302
Total Pages : 402 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Harmonizing European Copyright Law by : Mireille M. M. van Eechoud

Download or read book Harmonizing European Copyright Law written by Mireille M. M. van Eechoud and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Originality in EU Copyright

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1782548947
Total Pages : 300 pages
Book Rating : 4.7/5 (825 download)

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Book Synopsis Originality in EU Copyright by : Eleonora Rosati

Download or read book Originality in EU Copyright written by Eleonora Rosati and published by Edward Elgar Publishing. This book was released on 2013-10-31 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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