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 Competence of the European Union in Copyright Lawmaking written by Ana Bárbara Quintela Ribeiro Neves Ramalho and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book EU Copyright Law written by Irini Stamatoudi and published by Edward Elgar Publishing. This book was released on 2014-05-30 with total page 1289 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU Copyright Law is a seminal commentary work from a team of leading experts in the field combining aspects of theory and practice and placing copyright in perspective. It will be an indispensable reference tool for academics, researchers, practitioner
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.
Download or read book Conceptualising the European Union s Competence in Copyright written by Ana Ramalho and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU Treaties do not grant the EU a specific competence to intervene in the field of copyright. The competence of the EU to act in the field of copyright has so far been primarily based on the need to build an internal market. The problem of attaching the harmonisation of copyright to internal-market needs, however, is that the concept of ''internal market'' does not give normative guidance regarding the substantive content of EU action. This article aims to conceptualise the competence of the EU in copyright lawmaking. For that purpose, it analyses the EU's legal basis for action and suggests that certain factors can influence the exercise of its competence. These factors ontribute to a clarification of the division of powers between the EU and the Member States, and provide a better definition of how the EU should proceed in its actions. As a result of these factors, the normative guidance absent from the main competence norms can be provided, and a few limits can also be imposed upon EU action.
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.
Download or read book EU Copyright Law written by Morten Rosenmeier and published by Kluwer Law International B.V.. This book was released on 2019-03-25 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU Copyright Law Subsistence, Exploitation and Protection of Rights Morten Rosenmeier, Kacper Szkalej and Sanna Wolk Against a background in which technology continues to change the ways we create, use, distribute and consume cultural content – and where there has been a noticeable increase in the body of case law of Court of Justice of the European Union (CJEU) relating to copyright – copyright protection has become an essential component of the knowledge-based economy and the information society. This book, structured around the various rights and issues rather than the legislative instruments, greatly facilitates an understanding of the complex legal area of European Union (EU) copyright law and provides for a more conscious application of these rules. Among the issues and topics covered are the following: the CJEU’s interpretation of EU copyright law and application of fundamental rights; authorship and ownership of copyright; protection of computer programs and databases; scope of exclusive rights, such as communication to the public and distribution, including rental and lending; application of limitations and exceptions; cross-border access to online content services; digital exhaustion of copyright; and enforcement of copyright and cross-border issues; With its practical approach to the substance of the various legal rules and principles both at EU level and in the various EU Member States, the book clearly describes in detail how copyright law functions throughout the EU. Professionals, business entities and academics who must be familiar with this dynamic legal area, especially in the digital environment, will benefit greatly from the book’s clear consideration of legal questions that arise in connection with copyright issues.
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 522 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.
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 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
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 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
Download or read book Copyright Law Making in the EU written by Ana Ramalho and published by . This book was released on 2016 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union (EU) legislative activity in the field of copyright has so far been mainly based on what is now Article 114 of the Treaty on the Functioning of the European Union (TFEU), which allows the EU to harmonise national laws for the establishment and functioning of the internal market. However, this provision provides for a functional competence and does not give much normative guidance regarding the content of legislation.This article seeks to assess whether the lack of normative guidance of Article 114 TFEU has resulted in a normative gap in copyright lawmaking. For that purpose, the author uses social sciences' techniques to map the underlying goals of EU copyright legislation, to then analyse how those goals relate to the main competence norm.
Download or read book Harmonising Copyright Law and Dealing with Dissonance written by Sheldon W Halpern and published by Edward Elgar Publishing. This book was released on 2014-10-31 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: øThe highly-regarded authors of this important work explore the constitutional, institutional, and cultural barriers to harmonisation of the copyright laws of the United States and the European Union. They consider these matters in the real world trans
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.
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 Step towards harmonization Implementation of the EU Copyright Law into Georgian Legislation written by George Meskhi and published by GRIN Verlag. This book was released on 2011-11-30 with total page 63 pages. Available in PDF, EPUB and Kindle. Book excerpt: Master's Thesis from the year 2010 in the subject Law - Media, Multimedia Law, Copyright, Bucerius Law School in Hamburg, course: Master of Law and Business (MLB)-Copyright Law, language: English, abstract: Copyright law is considered to be one of the most dynamically developing fields of the law. This dynamic character of development has been mentioned in the European Copyright legislation as well. Although the significant challenges to this legislation have already been successfully overcome, the critics show that it still has the long way to go, before reaching more complete and advanced level of harmonization. Together with the positive evaluations, the actual process of harmonizing European Copyright law has deserved some critics as well. Therefore, while implementing the norms of that law into the national legislation, especially in the countries not belonging to the European Union, the legislators have to take into account both – the positive and negative aspects observed in the European level, in order to guarantee the successful realization of the European Copyright law implementation. Georgian example has been provided, in order to acknowledge the challenges of European Copyright law implementation into the legislation of the country, which does not belong to the European Union. However, the process of harmonizing Georgian Copyright legislation with that of the European Union has been activated during slightly more than a decade. This period has been characterized by the high level of dynamic developments, reflected in the changes and amendments. The main characteristics of development of the Georgian Copyright law up until now have to be taken into account for the process of future harmonization. The process of European Copyright law implementation has its own challenges as well. An abstract desire of harmonizing the European law should not be enough to overcome these challenges. Rather, the legislator has to take into consideration not only the European law which has to be implemented, but the existing reality and the logic of development in the national law as well. Similarly, during the implementation, balance has to be found between the general interests of harmonization and national interests of the existing legislation. In our opinion, this kind of ‘balance-based’ approach would lead to the successful realization of the European Copyright law harmonization into the Georgian legislation.
