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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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The Competence of the European Union in Copyright Lawmaking: A Normative Perspective of EU Powers for Copyright Harmonization

ISBN13: 9783319282053
Published: April 2016
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £74.50

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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.

Intellectual Property Law, EU Law
1. Introduction.
2. A Normative Gap in Copyright Lawmaking?.
3. Colonizing the Normative Gap: The Intervention of the Court of Justice.
4. Minding the Normative Gap: The EU Treaties.
5. Bridging the Normative Gap: Proposed Benchmarks for Copyright Lawmaking.
6. Field-Testing the Normative Bridge: The EU Copyright Acquis.
7. The Normative Gap: Water Under the Bridge.