Download or read book Copyright Limitations and Contracts An Analysis of the Contractual Overridability of Limitations on Copyright written by Lucie Guibault and published by Springer. This book was released on 2002-02-19 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores this conflict, focusing on statutory copyright limitations that enshrine constitutional rights such as freedom of expression and privacy, foster dissemination of knowledge, safeguard competition, and protect authors from market failure. It explains the rationale for these limitations and questions the legality of overriding them by contractual means. The author finds a complex array of factors clouding the emergence of coherent rules in the matter and points out that the United States' Uniform Computer Information Transactions Act (UCITA) leaves this issue essentially unresolved. Among the author's insights is that, contrary to the commonly held notion that the Internet is a bastion of free speech, in fact it is now possible (via encryption technology) to exercise absolute control over copyrighted material, even under circumstances of global mass distribution.
Download or read book Copyright Law written by Paul Torremans and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: . . . this book provides an interesting insight into many aspects of copyright law. It is a useful resource not only for those whose core practice is copyright but also those involved in industries reliant on copyright. New Zealand Law Journal Copyright law is undergoing rapid transformations to cope with the new international digital environment. This valuable research Handbook provides a thorough and contemporary tableau of current thinking in copyright law. It traces the changes undergone and the challenges faced by copyright, as well as its roots and its diversity, combining to present a colourful picture of a dynamic research area. The editor brings together an elite group of international copyright scholars who offer incisive and original analysis of a wide range of issues and aspects of copyright law, and in some cases a multiplicity of perspectives on a single topic. Rigorous and often thought-provoking in nature, this research Handbook clearly maps the current landscape, and will also undoubtedly stimulate further research in the field. Analysing the cutting edge of current copyright research, Copyright Law will be of great interest to researchers, students, practitioners and policymakers.
Download or read book Copyright Limitations and the Three step Test written by Martin Senftleben and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book includes: viable restatements of the rationales of copyright protection for the emerging IP environment; new insights into the relationship between copyright protection and copyright limitations; in-depth explanation of the structure and functioning of the three-step test; detailed interpretations of each criterion of the test; discussion of the two WTO panelreports dealing with the test; a proposal for the further improvement of the copyright system and the international rules governing copyright law; detailed information about international conference material concerning the test; and discussion of potential future trends in copyright law. The author provides many examples that demonstrate the test's impact on different types of limitations, such as private use privileges and the U.S. fair use doctrine. He explains the test's role in the European Copyright Directive.
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.
Download or read book Propertizing European Copyright written by Caterina Sganga and published by Edward Elgar Publishing. This book was released on 2018-02-23 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: With an acceleration in the last decades, the language of property, piracy and theft has become mainstream in copyright matters. Scholars have argued that this latent propertization has progressively led to the undue expansion of copyright and an enclosure of knowledge, causing clashes with users’ fundamental rights and EU social and cultural policies. Challenging the validity of such critiques, Propertizing European Copyright demonstrates that these distortive effects are only the result of mishandled property rhetoric and that a commitment to copyright propertization could enable a more internally consistent and balanced development of EU copyright law.
Download or read book Contemporary Intellectual Property Law and Policy written by Charlotte Waelde and published by Oxford University Press, USA. This book was released on 2014 with total page 1100 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook provides an account of intellectual property law. The underlying policies influencing the direction of the law are explained and explored and contemporary issues facing the discipline are tackled head-on. The international and European dimensions are covered together with the domestic position.
Download or read book Open Content Licensing written by Lucie Guibault and published by Amsterdam University Press. This book was released on 2011 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although open content licenses only account for a fraction of all copyright licenses currently enforced in the world, their introduction has had profound effects on the use and dissemination of information. This book explores the theoretical underpinnings of these licenses and offers insight on the practical advantages and inconveniences of their use. The essays collected here include an objective study of the principles of open content from the perspective of European intellectual property law as well as novel examinations of their possible implementation in different areas of the cultural or information industry.
Download or read book Concise European Copyright Law written by Thomas Dreier and published by Kluwer Law International B.V.. This book was released on 2016-01-27 with total page 714 pages. Available in PDF, EPUB and Kindle. Book excerpt: Concise European Copyright Law aims to offer the reader a rapid understanding of all the provisions of copyright law in force in Europe that have been enacted at the European and international levels. This volume takes the form of an article-by-article commentary on the relevant European directives and international treaties in the field of copyright and neighbouring rights. It is intended to provide the reader with a short and straightforward explanation of the principles of law to be drawn from each provision. Editors and authors are prominent specialists (academics and practitioners) in the field of international and European copyright law. Concise European Copyright Law is part of 'Concise IP', a series of five volumes of commentary on European intellectual property legislation. The five volumes cover: Patents and related matters, Trademarks and designs, Copyrights and neighbouring rights, IT and a general volume including jurisdictional issues.
Download or read book Balancing Copyright A Survey of National Approaches written by Reto Hilty and published by Springer Science & Business Media. This book was released on 2012-06-15 with total page 1083 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does copyright law take into account the interests of third parties, especially the general public’s interest in the greatest possible dissemination of knowledge and culture? Twelve basic questions give copyright law experts from more than forty countries the opportunity to provide answers related to their national law on the following matters: categories of works and subject matter, eligibility conditions, duration, “users’ rights,” the three-step test, misuse, differentiations between categories of right holders, TPM, and relations of copyright law to other legal areas such as fundamental rights, competition law, consumer protection law, media law etc. The standardized form of the reports makes it easy to see the impacts of copyright law in the industrialized countries as well as in emerging economies; in common-law and civil-law approaches; in countries of the Andean Community and of the European Union, as well as in countries that are not party to the WIPO Treaties. A detailed preliminary chapter provides an approachable overview of issues and results. This chapter also discusses the voice of academia, represented by the European Copyright Code of the “Wittem Group.”
Download or read book International Copyright written by Paul Goldstein and published by Oxford University Press. This book was released on 2019-08-30 with total page 620 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Copyright: Principles, Law, and Practice surveys and analyzes the legal doctrines affecting copyright practice around the world, in both transactional and litigation settings. It provides a step-by-step methodology for advising clients involved in exploiting creative works in or from foreign countries. Written by two of the most esteemed experts of copyright law in the United States and Europe, this volume is a unique synthesis of copyright law and practice, taking into account the Berne Convention, the TRIPs Agreement, the ongoing harmonization of copyright in the European Union, and the impact of the Internet. National copyright rules on protectible subject matter, ownership, term, and rights are covered in detail and compared from country to country, as are topics on moral rights and neighboring rights. Separate sections cover such important topics as territoriality, national treatment and choice of law, as well as the treaty and trade arrangements that underlie substantive copyright norms.
Download or read book Conceptualizing Copyright Exceptions in China and South Africa written by Jia Wang and published by Springer. This book was released on 2018-03-01 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically evaluates the current copyright law system in a digital environment from a comparative perspective. Since many developing countries modelled their copyright laws on more advanced jurisdictions, they have not benefitted from such a law as much as intended due to their inherently embedded social economic conditions. Moreover, the copyright law system has been under constant challenges from rapidly developing digital technology and the Internet. All in all, there is a pressing need for developing countries to reevaluate their copyright law in light of their national needs, the developmental stage of their economy, their culture and tradition, and their legal system. The book poses the question of whether copyright law should be reformed to fulfill its fundamental purpose of serving education and research that are in the public interest in the digital era? It examines whether the legal frameworks adequately address developing countries’ educational and research requirements in view of the opportunities and restrictions posed by electronic communication media. Further, it provides a comprehensive study that addresses the various critical issues relevant to the reform of the copyright law system and offers recommendations for developing countries to revamp their copyright law system to better serve their education and research sector.
Download or read book The Subjects of Literary and Artistic Copyright written by Bonadio, Enrico and published by Edward Elgar Publishing. This book was released on 2022-09-13 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: This accessible and innovative book examines to what extent copyright protects a range of subjects which are engaged in the creation and management of literary and artistic works, and how such subjects use copyright to protect their interests.
Download or read book What Place for Fairness in Digital Content Contracts written by Agustin Reyna and published by Nomos Verlag. This book was released on 2020-10-29 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Verbraucher sehen sich häufig Beschränkungen beim Zugang zu und bei der Nutzung von online angebotenen Inhalten ausgesetzt, die in Endbenutzer-Lizenzvereinbarungen durchgesetzt werden. Diese Beschränkungen können mit den durch das EU-Verbraucherrecht geschützten Verbraucherinteressen kollidieren. Dieses Buch bewertet die ungeklärte Beziehung zwischen dem EU-Urheberrecht und dem Verbraucherrecht, indem es die geltenden Rechtsvorschriften für die Bereitstellung digitaler Inhalte, einschließlich der neuen Richtlinie über digitale Inhalte und digitale Dienste und der Richtlinie über das Urheberrecht im digitalen Binnenmarkt, sowie die einschlägige Rechtsprechung des EuGH zur Beurteilung von Grundrechtskonflikten im Zusammenhang mit urheberrechtlichen Nutzungsbeschränkungen sorgfältig berücksichtigt. Dieses Buch enthält einen Vorschlag für einen integrativen Ansatz, der darauf abzielt, die Interessen von Urheberrechtsinhabern und Verbrauchern beim Zugang zu digitalen Inhalten und deren Nutzung miteinander in Einklang zu bringen.
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.
Download or read book Copyright Law Desk Book written by Akhil Prasad and published by Universal Law Publishing. This book was released on 2009 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Digital Public Domain written by Melanie Dulong De Rosnay and published by Open Book Publishers. This book was released on 2012 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Digital technology has made culture more accessible than ever before. Texts, audio, pictures and video can easily be produced, disseminated, used and remixed using devices that are increasingly user-friendly and affordable. However, along with this technological democratization comes a paradoxical flipside: the norms regulating culture's use - copyright and related rights - have become increasingly restrictive. This book brings together essays by academics, librarians, entrepreneurs, activists and policy makers, who were all part of the EU-funded Communia project. Together the authors argue that the Public Domain - that is, the informational works owned by all of us, be that literature, music, the output of scientific research, educational material or public sector information - is fundamental to a healthy society. The essays range from more theoretical papers on the history of copyright and the Public Domain, to practical examples and case studies of recent projects that have engaged with the principles of Open Access and Creative Commons licensing. The book is essential reading for anyone interested in the current debate about copyright and the Internet. It opens up discussion and offers practical solutions to the difficult question of the regulation of culture at the digital age.
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.
