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Vol 23 No 3 March/April 2018

Book of the Month

Cover of Scamell and Gasztowicz on Land Covenants

Scamell and Gasztowicz on Land Covenants

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Variable Scope of the Exclusive Economic Rights in Copyright

ISBN13: 9789041149152
Published: May 2014
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £140.00

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Which ‘uses’ of a work can an author protect and which exclusive economic rights under copyright can she rely upon to exercise this control?

There was a time when the answer was straightforward, but with each major technological development it takes a while before the legal protection is recalibrated to the new situation, the techniques and the new economic exploitations they enabled. Today the understanding of the uses protected under copyright has become bewilderingly complex because of digital technologies and the profound changes they brought to the world we live in.

This book offers a thorough analysis of the question of the scope of protection under current international and European law, one cannot find a clearer explication – or more useful recommendations – than in this book.

The author describes two distinct but interwoven aspects of copyright: the reproduction right, and the rights of communication to the public. These aspects are examined as they are touched upon under several international instruments, including the Berne Convention and the WIPO Copyright Treaty and in European law under the Computer Programs Directive, the Directive on Satellite and Cable, the Database Directive and the Information Society Directive and their interpretation by the European Court of Justice.

The author pays particular attention to the role that technologies play in relation to the definition of the protected act and to the exploitation of the work. In a concluding chapter, she lays bare the central object of protection of the exploitation rights, and proposes a method to align the scope of protection of both rights to this central object, spelling out principles that must be observed in order to achieve a more consistent protection that is less vulnerable to technical contingencies.

Along the way all the essential issues arise for discussion. These include the following:-

  • reach and end point of the protected acts of reproduction and communication to the public;
  • coexistence of communication to the public and reproduction;
  • intermediate transmissions between distributors that are not accessible to end-users;
  • distribution rights;
  • online transmissions;
  • (anticipated) exploitation;
  • temporary reproductions that are an integral and essential part of a technological process;
  • access on demand;
Important legal terms – simple-looking but far from susceptible to clear definition, such as ‘by any means and in any form’, ‘in whole or in part’, ‘making available’, and even ‘the public’ – are discussed in all relevant contexts.

This book stands out for its dedicated effort to sever the relevant characteristics from the irrelevant ones in current copyright matters, and to apply criteria that embody the protection that copyright was meant to confer on (certain) uses enabled by new technologies. Its remarkable insights will greatly assist interested lawyers and academics to better understand the role of complex digital network technologies in copyright law, and how to approach such technologies as they work to protect authors from unauthorized exploitation.

Intellectual Property Law, Law and Economics

Part 1. The Reproduction Right.
I. International Framework.
II. European Framework.
III. Conclusions on the Reproduction Right.

Part 2. The Rights of Communication to the Public.
I. International Framework.
II. European Framework.
III. Conclusions on the Rights of Communication to the Public.

Part 3. Towards a Consistent Scope of Protection.

Cited Cases.

Series: Information Law Series

Open Source Software and Intellectual Property Rights ISBN 9789041152282
Published June 2014
Kluwer Law International
Codification of European Copyright Law: Challenges and Perspectives ISBN 9789041141453
Published December 2012
Kluwer Law International
Copyright Enforcement and the Internet ISBN 9789041133465
Published November 2010
Kluwer Law International
Public Broadcasting and European Law ISBN 9789041125002
Published May 2008
Kluwer Law International
Copyright, Limitations and the Three-step Test ISBN 9789041122674
Published January 2004
Kluwer Law International
Data Protection Law: Approaching Its Rationale, Logic and Limits ISBN 9789041198709
Published August 2002
Kluwer Law International
The Commodification of Information
ISBN 9789041198761
Published July 2002
Kluwer Law International
Copyright Limitations and Contracts ISBN 9789041198679
Published February 2002
Kluwer Law International
Copyright and Electronic Commerce
Edited by: Hugenholtz
ISBN 9789041197856
Published April 2000
Kluwer Law International
Intellectual Property and Information Law: Essays in Honour of Herman Cohen Jehoram ISBN 9789041197023
Published January 1999
Kluwer Law International
From Privacy Toward a New Intellectual Property Right in Persona ISBN 9789041103550
Published February 1997
Kluwer Law International
The Future of Copyright in a Digital Environment
ISBN 9789041102676
Published July 1996
Kluwer Law International
Challenges to the Creator Doctrine
ISBN 9789065448767
Published August 1994
Kluwer Law International
Copyright and Photographs: An International Survey ISBN 9789041197221
Published December 0002
Kluwer Law International