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Propertizing European Copyright

Propertizing European Copyright
Author: Caterina Sganga
Publisher: Edward Elgar Publishing
Total Pages: 296
Release: 2018-02-23
Genre: Law
ISBN: 178643041X

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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.


New Developments in EU and International Copyright Law

New Developments in EU and International Copyright Law
Author: Irini A. Stamatoudi
Publisher: Kluwer Law International
Total Pages: 0
Release: 2016
Genre: Copyright
ISBN: 9789041159915

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Editor and Contributors --Preface --From an International Perspective --From A European Union Perspective --Table of Cases.


Harmonizing European Copyright Law

Harmonizing European Copyright Law
Author: Mireille M. M. van Eechoud
Publisher: Kluwer Law International B.V.
Total Pages: 402
Release: 2009-01-01
Genre: Law
ISBN: 9041131302

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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.


Copyright Exhaustion

Copyright Exhaustion
Author: Pťer Mezei
Publisher: Cambridge University Press
Total Pages: 271
Release: 2022-02-24
Genre: Law
ISBN: 110884314X

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An updated, comprehensive analysis of the European and US approaches to the exhaustion doctrine in the online and offline world.


EU Copyright Law

EU Copyright Law
Author: Irini A. Stamatoudi
Publisher: Edward Elgar Publishing
Total Pages: 0
Release: 2014
Genre: Copyright
ISBN: 9781781952429

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Presenting a comprehensive and up to date article-by-article analysis of all EU law in the area of copyright, as well as of the underlying basic concepts and principles, this unique book takes into account all recent legislative amendments and pending initiatives in the context of the EU Digital Agenda, as well as the case law of the Court of Justice of the European Union. Published as part of the Elgar Commentaries series, it discusses challenges for the future that will underpin copyright in the years to come. It also presents ongoing discussions in WIPO and assesses the role of copyright in society and economy both from an EU and an international perspective. It is a thorough and in-depth analysis from a team of leading experts in the field, which combines aspects of theory and practice and places copyright in perspective.


Research Handbook on the Future of EU Copyright

Research Handbook on the Future of EU Copyright
Author: Estelle Derclaye
Publisher: Edward Elgar Publishing
Total Pages: 667
Release: 2009-01-01
Genre: Law
ISBN: 1848446004

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. . . 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.


Concise European Copyright Law

Concise European Copyright Law
Author: Thomas Dreier
Publisher: Kluwer Law International B.V.
Total Pages: 714
Release: 2016-01-27
Genre: Law
ISBN: 9041168435

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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.


Originality in EU Copyright

Originality in EU Copyright
Author: Eleonora Rosati
Publisher: Edward Elgar Publishing
Total Pages: 300
Release: 2013-10-31
Genre: Law
ISBN: 1782548947

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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


EU Copyright Law Between Property and Fundamental Rights

EU Copyright Law Between Property and Fundamental Rights
Author: Caterina Sganga
Publisher:
Total Pages: 0
Release: 2018
Genre:
ISBN:

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Although scholars and stakeholders have long analyzed and tried to limit the clashes between copyright and fundamental rights caused by the recent developments of EU copyright law, none of their proposed solutions has been proven successful. This chapter is based on the assumption that the cause of this impasse lies in the systematic chaos generated by the incompatibility of EU and national copyright models. Since its onset, EU copyright law has substantially departed from Member States' common traditions, while Article 17.2 of the European Charter of Fundamental Rights (ECFR) completed the paradigm shift by formalizing the definition of copyright in proprietary terms. Due to the vagueness of CJEU's "fair balance" test and the different approaches of the ECFR and national constitutions to the functions, limits, and hierarchical rank of property rights, this classification has broadened the divide between EU and national case laws and caused several interpretative short circuits before national courts. The chapter argues that the only way out from the stalemate is a systematic reordering of this otherwise fragmented multilevel framework. To this end, it starts with a description of the main symptoms of the EU paradigm shift (§ 2) and compares the effects of copyright propertization before the CJEU and in selected Member States (§ 3). Then it proposed an integrated interpretation of CJEU's precedents in light of the common constitutional traditions (§ 4) and concludes by providing examples of how the new interpretative framework may help to restore the lost balance on more solid and stable systematic bases (§ 5).


The Competence of the European Union in Copyright Lawmaking

The Competence of the European Union in Copyright Lawmaking
Author: Ana Ramalho
Publisher: Springer
Total Pages: 0
Release: 2016-03-15
Genre: Law
ISBN: 9783319282053

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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.