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Unpacking the Right of Communication to the Public

Unpacking the Right of Communication to the Public
Author: Dr Poorna Mysoor
Publisher:
Total Pages: 0
Release: 2020
Genre:
ISBN:

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In the ever-evolving information age, the right of communication to the public has struggled for a predictable interpretation under EU copyright law. Through the successive rulings of the CJEU, a body of law is beginning to emerge to interpret the right. Some of the findings of the CJEU have brought an uncomfortable overlap of right of communication to the public with the pre-existing right of public performance. Certain other findings such as the need for an active intervention by the user, the concept of "new public" and the need for an economic gain resulting from the communication have identified elements of the right not obvious from a plain reading of the provisions, although these findings have not been consistently applied. The purpose of this article is to unpack all these findings, and take a critical look at whether such findings are in tune with the jurisprudential basis of the right, and assess their impact on the national laws.


Law, Technology and Cognition

Law, Technology and Cognition
Author: Hayleigh Bosher
Publisher: Routledge
Total Pages: 246
Release: 2019-11-04
Genre: Law
ISBN: 1000735400

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This book considers a new approach to online copyright infringement. Rather than looking at the subject within a purely technological context, it provides legal analysis from a human perspective. This book highlights that there are three key instances in which the capacity of a human mind intersects with the development of copyright regulation: (1) the development of copyright statutory law; (2) the interpretation of the copyright statutory law the judiciary; and (3) human interaction with new technology. Using a novel framework for constructing digital perspectives, the author, Dr Hayleigh Bosher, analyses the laws relating to online copyright infringement. She provides insights into why the law appears as it does, shedding light on the circumstances of how it came to pass and demonstrates a clear malfunction in the interpretation and application of copyright law to online activities that derives from the disconnect between the technological and the human perspectives. The book proposes putting the human element back into copyright analysis to enable the return of reason where it has been lost, and provide a clearer, more consistent and fair legal regulation of online copyright infringement. Law, Technology and Cognition: The Human Element in Online Copyright Infringement will be of interest to students, academics, researchers, as well as practitioners.


The Autonomous Legal Concept of Communication to the Public

The Autonomous Legal Concept of Communication to the Public
Author: Branka Marušić
Publisher: Edward Elgar Publishing
Total Pages: 257
Release: 2023-05-09
Genre: Law
ISBN: 1035302233

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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.


Research Handbook on Copyright Law

Research Handbook on Copyright Law
Author: Paul Torremans
Publisher: Edward Elgar Publishing
Total Pages: 625
Release: 2017-10-27
Genre: Law
ISBN: 1785361430

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This second edition is a timely presentation of the state-of-the-art in copyright research. Copyright law is currently at the centre of many debates and the subject of substantive new developments. The new edition of the Research Handbook captures these fast moving developments and goes far beyond a mere update of the chapters. All of the topical chapters are completely new and the authors have been chosen for their expertise and excellence in the areas concerned. Research Handbook on Copyright Law offers global coverage, both in terms of substance and in terms of author expertise, and maps both the present and future of the discipline. It will prove an invaluable research tool for all those involved in copyright research who wish to keep up with the pace at which this area of law is evolving.


Oxford Handbook of Online Intermediary Liability

Oxford Handbook of Online Intermediary Liability
Author: Giancarlo Frosio
Publisher: Oxford Handbooks
Total Pages: 801
Release: 2020
Genre: Law
ISBN: 0198837135

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This book provides a comprehensive, authoritative, and state-of-the-art discussion of fundamental legal issues in intermediary liability online, while also describing advancement in intermediary liability theory and identifying recent policy trends.


The Law of Public Communication

The Law of Public Communication
Author: William E. Lee
Publisher: Taylor & Francis
Total Pages: 791
Release: 2024-08-01
Genre: Law
ISBN: 1040101100

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This thoroughly updated classic textbook provides an overview of communication and media law, including the most current legal developments. It explains laws affecting the daily work of writers, broadcasters, public relations practitioners, photographers, bloggers and other public communicators. By outlining statutes and cases in an accessible manner, even to students studying law for the first time, the authors ensure that readers acquire a firm grasp of the legal issues affecting the media. The book examines legal topics such as libel, privacy, intellectual property, obscenity and access to information, considering the development and current standing of relevant laws and important cases. It examines how these laws affect public, political and commercial communication. The 13th edition covers contemporary U.S. Supreme Court cases, including the true threats case Counterman v. Colorado, the Andy Warhol fair use case and the Jack Daniel's trademark parody case. It also presents the Biden administration's revision of policy on the use of subpoenas and search warrants to uncover reporters' confidential sources along with the gag orders imposed by courts handling criminal and civil trials in which Donald Trump is a defendant. Further cases explored include the attacks by legislatures against the LGBTQ community, exemplified by a Tennessee law banning drag performances, and the emerging issues presented by artificial intelligence and the content moderation policies of social media platforms. The Law of Public Communication is an ideal core textbook for undergraduate and graduate courses in communication law and mass media law. A test bank for instructors is available at www.routledge.com/9781032676388


The Law of Public Communication

The Law of Public Communication
Author: Kent Middleton
Publisher: Longman Publishing Group
Total Pages: 714
Release: 1991
Genre: Law
ISBN:

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Research Handbook on Intellectual Property Exhaustion and Parallel Imports

Research Handbook on Intellectual Property Exhaustion and Parallel Imports
Author: Irene Calboli
Publisher: Edward Elgar Publishing
Total Pages: 582
Release: 2016-06-24
Genre: Law
ISBN: 1783478713

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From the Americas to the European Union, Asia-Pacific and Africa, countries around the world are facing increased pressure to clarify the application of intellectual property exhaustion. This wide-ranging Research Handbook explores the questions that pose themselves as a result. Should exhaustion apply at the national, regional, or international level? Should parallel imports be considered lawful imports? Should copyright, patent, and trademark laws follow the same regime? Should countries attempt to harmonize their approaches? To what extent should living matters and self-replicating technologies be subject to the principle of exhaustion? To what extent have the rise of digital goods and the “Internet of things” redefined the concept of exhaustion in cyberspace? The Handbook offers insights to the challenges surrounding these questions and highlights how one answer does not fit all.


Copyright and the Court of Justice of the European Union

Copyright and the Court of Justice of the European Union
Author: Eleonora Rosati
Publisher: Oxford University Press
Total Pages: 513
Release: 2023-10-05
Genre:
ISBN: 019888558X

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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.


Copyright in the Music Industry

Copyright in the Music Industry
Author: Hayleigh Bosher
Publisher: Edward Elgar Publishing
Total Pages: 272
Release: 2021-02-26
Genre: Law
ISBN: 183910127X

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This must-have book is a comprehensive yet accessible guide to copyright and related rights in the music industry, illustrated with relevant cases and real world examples. Key features include: • An engaging and approachable writing style • A practical orientation for those in the industry and their advisors • The impact of social media on copyright infringement, management and remedies • Accessible explanations of key concepts in copyright and related rights, as well as commonly misunderstood topics such as sampling and fair use.