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.

Download or read book Copyright Home Copying Technology Challenges the Law written by Congress of the U.S., Washington, DC. Office of Technology Assessment and published by DIANE Publishing. This book was released on 1989 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Home recording technologies allow today's consumer to make near-perfect copies of recorded music, television shows, movies, and other copyrighted works for private use at home. With the advance of digital recording equipment, consumers will be able to reproduce these copyrighted works with even greater accuracy. This is an issue of great concern for copyright owners, who claim that home copying is detrimental to their sales. This report presents an examination of home recording technologies and their relationship to the legal status of home copying, a comparison of the economic effects that home audiotaping may have on the recording industry with the effects that restricting home taping might have on consumers, a discussion of legal action that Congress or the industry may initiate, and the results of a national survey of home taping and copying behavior. The report is divided into seven chapters: (1) Summary, Issues, and Options; (2) Technological Change and Home Copying; (3) Legal Aspects of Copyright and Home Copying; (4) An Overview of the U.S. Record Industry; (5) Copyright Royalties for Music and Sound Recording; (6) The OTA (Office of Technology Assessment) Survey; and (7) Economic Perspectives on Home Copying. Appendixes contain a description of the survey development and review, a copy of the survey questionnaire, OTA survey tables, and a list of contractor reports related to the study. (MAB)

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.

Download or read book The Autonomous Legal Concept of Communication to the Public written by Branka Marušić and published by Edward Elgar Publishing. This book was released on 2023-05-09 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: The economic right of a copyright holder to communicate to the public has become an increasingly important and complex issue in recent years, this is partially due to changes in the way that content is accessed and consumed online. This innovative book analyses the right of communication to the public, taking account of what legal standing an autonomous legal concept can hold, and how this is impacted by wider harmonisation efforts at an EU level.

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. "

Download or read book The Competence of the European Union in Copyright Lawmaking written by Ana Ramalho and published by Springer. This book was released on 2016-03-08 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book inquires into the competence of the EU to legislate in the field of copyright, and uses content analysis techniques to demonstrate the existence of a normative gap in copyright lawmaking. To address that gap, it proposes the creation of benchmarks of legislative activity, reasoning that EU secondary legislation, such as directives and regulations, should be based on higher sources of law. It investigates two such possible sources: the activity of the EU Court of Justice in the pre-legislative era and the EU treaties. From these sources, the author establishes concrete benchmarks of legislative activity, which she then tests by applying them to current EU copyright legislation. This provides examples of good and bad practices in copyright lawmaking and also shows how the benchmarks could be implemented in copyright legislation. Finally, the author offers some recommendations in this regard.

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.

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.

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 Employees Intellectual Property Rights written by Sanna Wolk and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 680 pages. Available in PDF, EPUB and Kindle. Book excerpt: In today’s knowledge-based global economy, most inventions are made by employed persons through their employers’ research and development activities. However, methods of establishing rights over an employee’s intellectual property assets are relatively uncertain in the absence of international solutions. Given that increasingly more businesses establish entities in different countries and more employees co-operate across borders, it becomes essential for companies to be able to establish the conditions under which ownership subsists in intellectual property created in employment relationships in various countries. This comparative law publication describes and analyses employers’ acquisition of employees’ intellectual property rights, first in general and then in depth. This second edition of the book considers thirty-four different jurisdictions worldwide. The book was developed within the framework of the International Association for the Protection of Intellectual Property (AIPPI), a non-affiliated, non-profit organization dedicated to improving and promoting the protection of intellectual property at both national and international levels. Among the issues and topics covered by the forty-nine distinguished contributors are the following: • different approaches in different law systems; • choice of law for contracts; • harmonizing international jurisdiction rules; • conditions for recognition and enforcement of foreign judgments; • employees’ rights in copyright, semiconductor chips, inventions, designs, plant varieties and utility models on a country-by-country basis; • employee remuneration right; • parties’ duty to inform; and • instances for disputes. With its wealth of information on an increasingly important subject for practitioners in every jurisdiction, this book is sure to be put to constant use by corporate lawyers and in-house counsel everywhere. It is also exceptionally valuable as a thorough resource for academics and researchers interested in the international harmonization of intellectual property law.

Download or read book 1992 Planning for the Information Technology Industries written by Sam Stuart and published by Elsevier. This book was released on 2013-10-22 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1992-Planning for the Information Technology Industries provides a summary of the relevant legislation, research programs, and proposals for the establishment of a single European market for information technology (IT). The development of the European Community's (EC) policy and the implications of its implementation for the EC and third country markets are examined. The views from a number of major organizations that operate in the telecommunications, broadcasting, and information services markets are considered to provide an insight into some of the factors influencing planning for 1992. This book consists of nine chapters and opens with an overview of the EC's goal of establishing a single market for the European Union by 1992, followed by a discussion on the implications of this single market for industry, commerce, and individuals. The following chapters focus on the Single European Act; corporate issues such as mergers and acquisitions; telecommunications, broadcasting, and information sectors; and implications of a single European market for IT. The final chapter is devoted to the views of organizations in the IT industries such as the British Broadcasting Corporation, Sun Microsystems Limited, and the European Space Agency in terms of the opportunities, problems, and challenges of the single European market. This monograph will be a valuable resource for corporate managers, especially those in the IT sector, as well as policymakers and industry regulators.

Download or read book The European Union and the Culture Industries written by David Ward and published by Routledge. This book was released on 2016-02-17 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection brings together leading academics in their respective fields to examine the European Union's impact on media and public policy. It provides an analysis of the broader areas of EU policy and links these together to give a greater appreciation of the nuances and scope of EU regulatory initiatives and their impact on the member states. Under a broad public interest perspective, the authors provide an assessment of the success of EU policy in protecting the public interest in the culture industries and respecting certain normative principles and balancing these with market dynamics.

Download or read book The Internet and the Emerging Importance of New Forms of Intellectual Property written by Susy Frankel and published by Kluwer Law International B.V.. This book was released on 2016-05-01 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: The term ‘intellectual property’ has come to include numerous intangible rights beyond the traditional ‘Big Three’ (patent, trademark and copyright) – rights that force us to reconsider and maybe also change the object and purpose of intellectual property (IP). Not only do these rights generally have less solid normative footing and few if any well understood inherent limits, but the borders of their misappropriation are hard to draw. This groundbreaking book scrutinizes the existence of commonalities in this realm, and poses the question of what risks and advantages accrue to such IP or ‘IP-like’ rights. Sixteen distinguished contributors offer in-depth analyses of such rights as the following: - trade secrets; - image and publicity rights; - geographical indications; - traditional knowledge; - protection of databases; and - sports rights and ambush marketing. Recommendations and solutions investigated include the use of specialized courts or judges and of private standards. There are also thoughtful considerations of practices such as forum-shifting and an analysis of the special value of evolving Chinese law as a ‘norm laboratory’. Two chapters discuss the complexities of enforcement. Enforcement impacts substantive intellectual property and can be said to be its own ‘form’ of IP. Practitioners, judges, academics, and policymakers will all welcome this work and value it highly. Its contributors collectively take a giant step toward clarifying and synthesizing one of the most baffling areas of current law both internationally and at national level around the globe.

Download or read book The Regulation of International Trade written by Michael Trebilcock and published by Routledge. This book was released on 2005-06-20 with total page 875 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on a wide variety of classic and contemporary sources, respected authors Howse and Trebilcock here provide a critical analysis of the institutions and agreements that have shaped international trade rules. In light of the growing debate over globalization, they include special sections examinations of topics such as: * agriculture * services and trade-related intellectual property rights * labor rights * the environment * migration. Drawing on previous highly praised editions this comprehensive text is an invaluable guide to students of economics, law, politics and international relations. Now fully updated, this third edition includes full coverage of new developments including the Doha trade round, attitudes towards the Kyoto protocol and the growing body of WTO dispute resolution case law.

Download or read book The Origin of Copyright written by Wenwei Guan and published by Routledge. This book was released on 2021-07-20 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary copyright was born in a heroic era of human history when technologies facilitated idea dissemination through the book trade reaching out mass readership. This book provides insights on the copyright evolution and how proprietary individual expression’s copyright protection forms an integral part of our knowing in being, driven by the advances of technology through the proliferating trading frameworks. The book captures what is central in the process of copyright evolution which is an "onto-epistemological offset". It goes on to explain that copyright’s protection of knowing in originality’s delineation of expression and fair use/dealing’s legitimization of unauthorized use and being are not isolatable, but rather mutually implicated. While the classic strict determinism has been subject to an onto-epistemological challenge, the book looks at the proliferation of global trade and advent of information technology and how they show us the beauty and possibility of intra-dependence between copyright authorship, entrepreneurship, and readership, which calls for a fresh copyright onto-epistemology. Building on its onto-epistemological critiques on the stakeholder, force, and mechanism of copyright evolution, the book helps readers understand why, not only copyright, but also law in general, and justice too, need to be onto-epistemologically balanced, as this is categorically imperative for being, the fundamental law of nature.

Download or read book Intellectual Property Overlaps written by Estelle Derclaye and published by Bloomsbury Publishing. This book was released on 2011-05-11 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual property rights, conventionally seen as quite distinct, are increasingly overlapping with one another. There are several reasons for this: the expansion of IPRs beyond their traditional borders, the creation of new IPRs especially at EU level, the exploitation of gaps in the law by shrewd lawyers, and the use of unfair competition as an alternative when IPRs are either not available at all or expired. The convergence of several IPRs on the same subject-matter poses problems. As they are normally envisaged as water-tight categories, there are very few rules which cater for the sort of regime clash that any overlap of IPRs necessarily entails. This book's aim is to find appropriate rules to regulate overlaps and thereby avoid regime conflicts and undue unstructured expansion of IPRs. The book studies the practical consequences of each overlap at the international, European and national levels (where the laws of France, the UK and Germany are reviewed). It then analyses the reasons for the prohibition or authorisation of overlaps. This analysis enables the determination of criteria and principles that can be used to (re)map the overlaps to achieve appropriateness and legitimacy.

Download or read book The Emergence of EU Criminal Law written by Sarah J Summers and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal law can no longer be neatly categorised as the product and responsibility of domestic law. That this is true is emphasised by the ever-increasing amount of legislation stemming from the European Union (EU) which impacts, both directly and indirectly, on the criminal law. The involvement of the EU institutions in the substantive criminal laws of its Member States is of considerable legal and political significance. This book deals with the emerging EU framework for creating, harmonising and ensuring the application of EU criminal law. This book aims to highlight some of the consequences of EU involvement in the criminal law by examining the provisions which have been adopted in the field of information and communications technology. It provides an overview of the criminal law competence of the EU and evaluates the impact of these developments on the criminal laws of the Member States. It then goes on to consider the EU legislation which requires Member States to regulate matters such as data protection, e-security, intellectual property and various types of illegal content through the criminal law is analysed. In the course of this evaluation, particular consideration is given to issues such as the basis on which the EU institutions establish the need for criminal sanctions, the liability of service providers and the extent to which the Member States have adhered to, or departed from, the legislation in the course of implementation.