New Developments In Eu And International Copyright Law

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New Developments in EU and International Copyright Law

Author : Irini A. Stamatoudi
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041159991
Total Pages : 576 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis New Developments in EU and International Copyright Law by : Irini A. Stamatoudi

Download or read book New Developments in EU and International Copyright Law written by Irini A. Stamatoudi and published by Kluwer Law International B.V.. This book was released on 2016-02-23 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

EU Copyright Law

Author : Irini Stamatoudi
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.

Internet Intermediaries and Copyright Law

Author : Stefan Kulk
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403514906
Total Pages : 543 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 543 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.

Exceptions in EU Copyright Law

Author : Tito Rendas
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.

International Copyright Law and Practice

Author : Melville B. Nimmer
Publisher :
ISBN 13 : 9789998652958
Total Pages : pages
Book Rating : 4.6/5 (529 download)

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Book Synopsis International Copyright Law and Practice by : Melville B. Nimmer

Download or read book International Copyright Law and Practice written by Melville B. Nimmer and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Collective Management of Copyright and Related Rights

Author : World Intellectual Property Organization
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.

Research Handbook on the Future of EU Copyright

Author : Estelle Derclaye
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.

The Right of Communication to the Public in EU Copyright Law

Author : Justin Koo
Publisher : Bloomsbury Publishing
ISBN 13 : 1509920676
Total Pages : 292 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Right of Communication to the Public in EU Copyright Law by : Justin Koo

Download or read book The Right of Communication to the Public in EU Copyright Law written by Justin Koo and published by Bloomsbury Publishing. This book was released on 2019-05-30 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph conducts a comprehensive analysis of the EU right of communication to the public, one of the exclusive rights under EU copyright law, and provides an alternative framework for its interpretation and application. The present state of the law is unsatisfactory; there is uncertainty in the acquis communautaire and courts at the EU and domestic levels have struggled to apply the right. Therefore, the book identifies the problems with the existing right of communication to the public and proposes recommendations for reform. In addition to reforming the scope of the right of communication to the public, the jurisdiction and applicable law in relation to the right are analysed and changes are recommended. Thus, the book covers both the scope and practicalities of a coherent and effective reform of the right. In light of the continuing development and accompanying tribulations with this right at the EU level, this book provides a topical and timely analysis that will be of interest to academics and practitioners working on EU copyright law. Cited in Opinion of Advocate General Henrik Saugmandsgaard Øe, joined Cases C-682/18 and C-683/18, Frank Peterson v Google LLC, YouTube LLC, YouTube Inc., Google Germany GmbH and Elsevier Inc. v Cyando AG, ECLI:EU:C:2020:586, Court of Justice of the European Union, 16 July 2020.

The Routledge Handbook of EU Copyright Law

Author : Eleonora Rosati
Publisher : Routledge
ISBN 13 : 1000364089
Total Pages : 686 pages
Book Rating : 4.0/5 (3 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. This book was released on 2021-04-21 with total page 686 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.

Pluralism Or Universalism in International Copyright Law

Author : Tatiana Eleni Synodinou
Publisher :
ISBN 13 : 9789403503554
Total Pages : 744 pages
Book Rating : 4.5/5 (35 download)

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Book Synopsis Pluralism Or Universalism in International Copyright Law by : Tatiana Eleni Synodinou

Download or read book Pluralism Or Universalism in International Copyright Law written by Tatiana Eleni Synodinou and published by . This book was released on 2019-10-24 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Copyright in the Age of Online Access

Author : João Pedro Quintais
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041186794
Total Pages : 407 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 407 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. "

Copyright in the Digital Single Market

Author : Eleonora Rosati
Publisher : Oxford University Press, USA
ISBN 13 : 9780198858591
Total Pages : 528 pages
Book Rating : 4.8/5 (585 download)

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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.

Harmonizing Intellectual Property Law for a Trans-Atlantic Knowledge Economy

Author :
Publisher : BRILL
ISBN 13 : 9004686215
Total Pages : 437 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis Harmonizing Intellectual Property Law for a Trans-Atlantic Knowledge Economy by :

Download or read book Harmonizing Intellectual Property Law for a Trans-Atlantic Knowledge Economy written by and published by BRILL. This book was released on 2024-05-02 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book gathers and builds on research into distinct national and regional traditions in regulating innovation. It is an early attempt at a comprehensive legal history of the uneven trans-Atlantic harmonization of IP law. Authors explore harmonization as a legal mandate and a progressive ideal, and imagine areas in which coherent regulatory webs could build a more vibrant trans-Atlantic knowledge economy.

European Intellectual Property Law

Author : Annette Kur
Publisher : Edward Elgar Publishing
ISBN 13 : 1785361554
Total Pages : 631 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis European Intellectual Property Law by : Annette Kur

Download or read book European Intellectual Property Law written by Annette Kur and published by Edward Elgar Publishing. This book was released on 2019-12-27 with total page 631 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of this popular textbook has been thoroughly revised, expanded and updated in order to reflect the recent extensive changes in European IP legislation. Providing an in-depth examination of the core areas of IP law, from copyright, patents and trademarks through to the protection of plant varieties and industrial design, it is perfectly pitched to guide the reader through the complexities of the European IP system.

Reforming Intellectual Property

Author : Ghidini, Gustavo
Publisher : Edward Elgar Publishing
ISBN 13 : 1803922257
Total Pages : 353 pages
Book Rating : 4.8/5 (39 download)

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Book Synopsis Reforming Intellectual Property by : Ghidini, Gustavo

Download or read book Reforming Intellectual Property written by Ghidini, Gustavo and published by Edward Elgar Publishing. This book was released on 2022-09-06 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reforming Intellectual Property brings together 19 of the world’s leading scholars in the field to offer their unique insight into the future of intellectual property. Providing a diverse array of perspectives on the most pressing reforms needed in the current IP regime, whether in terms of legislation at national and international levels, or interpretation of existing law, this exceptional book highlights the key issues in this area and sets out an agenda for future research and policy.

Copyright and the Court of Justice of the European Union

Author : Eleonora Rosati
Publisher : Oxford University Press
ISBN 13 : 0198885695
Total Pages : 513 pages
Book Rating : 4.1/5 (988 download)

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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.

The Cambridge Handbook of Copyright Limitations and Exceptions

Author : Shyamkrishna Balganesh
Publisher : Cambridge University Press
ISBN 13 : 1108670873
Total Pages : 719 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis The Cambridge Handbook of Copyright Limitations and Exceptions by : Shyamkrishna Balganesh

Download or read book The Cambridge Handbook of Copyright Limitations and Exceptions written by Shyamkrishna Balganesh and published by Cambridge University Press. This book was released on 2021-01-07 with total page 719 pages. Available in PDF, EPUB and Kindle. Book excerpt: While copyright law is ordinarily thought to consist primarily of exclusive rights, the regime's various exemptions and immunities from liability for copyright infringement form an integral part of its functioning, and serve to balance copyright's grant of a private benefit to authors/creators with the broader public interest. With contributors from all over the world, this handbook offers a systematic, thorough study of copyright limitations and exceptions adopted in major jurisdictions, including the United States, the European Union, and China. In addition to providing justifications for these limitations, the chapters compare differences and similarities that exist in major jurisdictions and offer suggestions about how to improve the enforcement of copyright limitations domestically and globally. This work should appeal to scholars, policymakers, attorneys, teachers, judges, and students with an interest in the theories, policies, and doctrines of copyright law.