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New Developments in EU and International Copyright Law

Edited by: Irini A. Stamatoudi

ISBN13: 9789041159915
Published: February 2016
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £223.00



Despatched in 10 to 12 days.

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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. Although it has met certain challenges – some of those involving new technologies – copyright ‘stretching’ may have reached its limit.

This book thus offers a multi-facet approach to comprehend the ongoing developments in copyright, which takes into account politics, policies, the law and what is attainable in the given circumstances.

This book provides an informed insight by experts who have been involved in varying roles in either teaching or shaping of copyright law in the EU or worldwide. This book discusses on the following:-

  • 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.
These topics analysed form the cutting edge of the developments in the EU and WIPO which in turn constitute the ‘bigger’ picture in copyright in the EU and WIPO. Twenty-two well-known and prestigious experts on intellectual property law from seventeen jurisdictions worldwide have contributed essays on particular trends in copyright.

Policy recommendations, as well as a detailed conceptual framework for a potential EU Copyright Code are set forth. How this will help you New Developments in EU and International Copyright Law enables the reader to gain an overview of what is to expect in terms of EU harmonisation and current and future works in WIPO.

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, and business leaders for whom intellectual property rights and especially copyright, are of the first importance.

Subjects:
Intellectual Property Law
Contents:
Editor.
Contributors.
Preface.

Part I Copyright: From an International Perspective.
Chapter 1 Exceptions for Libraries and Archives Alison Firth & Beverley Pereira.
Chapter 2 Exceptions for Education and Research Ysolde Gendreau.
Chapter 3 The Draft Broadcaster’s Treaty: Latecomers to International Protection – Or Perhaps None at All Sam Ricketson.
Chapter 4 Traditional Knowledge and Cultural Expressions: Discussions and Developments in WIPO Michael Blakeney.
Chapter 5 The Marrakesh Treaty Silke von Lewinski.
Chapter 6 The Beijing Treaty on Audiovisual Performances Tana Pistorius.

Part II Copyright: From A European Union Perspective.
Sub-Part A An Introduction – The EU Copyright Agenda Maria Martin-Prat.
Sub-Part B Making Content Available in a Digital Single Market.
Chapter 7 Orphan Works, Out-of-Commerce Works and Making the European Cultural Heritage Available: ‘Are We Nearly There Yet’? Mare-Christine Janssens & Rán Tryggvadóttir.
Chapter 8 Collective Management and Multi-Territorial Licensing: Key Issues of the Transposition of Directive 2014/26/EU Mihály Ficsor.
Chapter 9 Text and Data Mining Irini Stamatoudi.
Sub-Part C Strengthening and Balancing Copyright.
Chapter 10 Limitations and Exceptions to Copyright in the Digital Age. Four Cornerstones for a Future-Proof Legal Framework in the EU Reto M. Hilty & Kaya Köklü.
Chapter 11 Private Copy Levies Jörg Reinbothe.
Chapter 12 How Much Communication to the Public Is ‘Communication to the Public’? Jan Rosén.
Chapter 13 Digital Exhaustion of Copyright in the EU or Shall We Cease Being so Schizophrenic Valérie Laure Benabou.
Chapter 14 Private International Law Issues on the Internet Paul L.C Torremans.
Chapter 15 The Future of Copyright Enforcement Online: Intermediaries Caught between Formal and Informal Governance in the EU Benjamin Farrand.
Sub-Part D Future Policy Recommendations.
Chapter 16 Flexible Copyright: Can EU Author’s Right Accommodate Fair Use? P. Bernt Hugenholtz.
Chapter 17 The Role of the Court of Justice of the European Union: Harmonizing, Crea;ting and sometimes Disrupting Copyright Law in the European Union Christophe Geiger.
Chapter 18 Towards a EU Copyright Code? A Conceptual Framework Marco Ricolfi .

Table of Cases.
Index.