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Copyright Reconstructed: Rethinking Copyright’s Economic Rights in a Time of Highly Dynamic Technological and Economic Change


ISBN13: 9789041191038
Published: April 2018
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £75.00



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Copyright Reconstructed is the result of a collaborative research project, ‘Reconstructing Rights’ funded by Microsoft Europe, that normatively examined the core economic rights protected under EU copyright law, with the aim of realigning these rights with economic and technological realities. It follows an interdisciplinary approach, combining economic and legal methods. The book presents various concurring future models of ‘reconstructed’ copyright law. The historical evolution of copyright has led to a growing disconnect between the legal definitions of economic rights and the business and technological realities they regulate, eroding copyright’s normative content and distorting the scope of its economic rights.

What’s in this book:

This book is structured as follows. Following a historical chapter that illustrates how a structure of media-specific economic rights has developed in international copyright law as copyright’s catalogue of rights, a number of alternative models for reconstructing rights are presented in the form of chapters by Europe’s most respected copyright scholars and economists focusing on potentially copyright-relevant acts that lie at the borders of exclusive rights:

  • digital resale;
  • private copying;
  • hyperlinking and embedding;
  • cable retransmission; and
  • text and data mining.
How this will help you:

Offering the most incisive current thinking on copyright’s economic rights in an increasingly networked world where acts of usage of works occur on a global or regional scale rather than on a purely national territorial basis, this book will be of immeasurable value not only to academics but also to practitioners and professionals in intellectual property law. This book guides copyright lawyers and scholars in the fields of international and EU copyright law in understanding the nexus between copyright law and technological and economic change. It also helps lawmakers and judges at the European, national and international levels formulate legislative responses to the challenges of the digital environment.

Subjects:
Intellectual Property Law
Contents:
Preface
Chapter 1
Reconstructing Rights: Project Synthesis and Recommendations
P. Bernt Hugenholtz & Martin Kretschmer
Chapter 2
A Brief History of Value Gaps: Pre-Internet Copyright Protection and Exploitation Models
João Pedro Quintais & Joost Poort
Chapter 3
Deconstructing Copyright
Stefan Bechtold
Chapter 4
A Fairness-Based Approach to Economic Rights
Ansgar Ohly
Chapter 5
The Right to Reasonable Exploitation Concretized: An Incentive Based Approach
Ole-Andreas Rognstad & Joost Poort
Chapter 6
Realigning Economic Rights with Exploitation of Works: The Control of Authors over the Circulation of Works in the Public Sphere
Séverine Dusollier
Chapter 7
Reconstructing the Reproduction and Communication to the Public Rights: How to Align Copyright with Its Fundamentals
Alain Strowel
Chapter 8
Towards a Universal Right of Remuneration: Legalizing the Non-commercial Online Use of Works
P. Bernt Hugenholtz & João Pedro Quintais
Chapter 9
Borderlines of Copyright Protection: An Economic Analysis
Joost Poort

Series: Information Law Series

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Kluwer Law International
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Imposing Data Sharing Among Private Actors: A Tale of Evolving Balances (eBook) ISBN 9789403541655
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Imposing Data Sharing Among Private Actors: A Tale of Evolving Balances (eBook) ISBN 9789403501772
Published January 2022
Kluwer Law International
£135.00
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£122.00
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Pluralism or Universalism in International Copyright Law ISBN 9789403503554
Published October 2019
Kluwer Law International
£132.00
Open Source Software and Intellectual Property Rights ISBN 9789041152282
Published June 2014
Kluwer Law International
£237.00
Variable Scope of the Exclusive Economic Rights in Copyright ISBN 9789041149152
Published May 2014
Kluwer Law International
£222.00
Codification of European Copyright Law: Challenges and Perspectives ISBN 9789041141453
Published December 2012
Kluwer Law International
£203.00
£152.00
Copyright Enforcement and the Internet ISBN 9789041133465
Published November 2010
Kluwer Law International
£173.00
Public Broadcasting and European Law ISBN 9789041125002
Published May 2008
Kluwer Law International
£167.00
£163.00
Copyright, Limitations and the Three-step Test ISBN 9789041122674
Published January 2004
Kluwer Law International
£163.00
£145.00
Data Protection Law: Approaching Its Rationale, Logic and Limits ISBN 9789041198709
Published August 2002
Kluwer Law International
£215.00
The Commodification of Information
ISBN 9789041198761
Published July 2002
Kluwer Law International
£243.00
Copyright Limitations and Contracts ISBN 9789041198679
Published February 2002
Kluwer Law International
£197.00
Copyright and Electronic Commerce
Edited by: Hugenholtz
ISBN 9789041197856
Published April 2000
Kluwer Law International
£195.00
Copyright and Photographs: An International Survey ISBN 9789041197221
Published June 1999
Kluwer Law International
£243.00
Intellectual Property and Information Law: Essays in Honour of Herman Cohen Jehoram ISBN 9789041197023
Published January 1999
Kluwer Law International
£226.00
From Privacy Toward a New Intellectual Property Right in Persona ISBN 9789041103550
Published February 1997
Kluwer Law International
£243.00
The Future of Copyright in a Digital Environment
ISBN 9789041102676
Published July 1996
Kluwer Law International
£188.00
Challenges to the Creator Doctrine
ISBN 9789065448767
Published August 1994
Kluwer Law International
£144.00