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Copyright and Fundamental Rights in the Digital Age: A Comparative Analysis in Search of a Common Constitutional Ground

Edited by: Oreste Pollicino, Giovanni M. Riccio, Marco Bassini

ISBN13: 9781788113878
Published: October 2020
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £95.00



Despatched in 4 to 6 days.

This timely and thought-provoking book explores how the protection of copyright in the digital age requires a reconsideration of how this is balanced with other fundamental rights and freedoms. Analysing the impact of the rise of digital technologies and the internet on copyright regimes, it particularly focuses on the effects of recent reforms to the EU's legal framework for the protection and enforcement of copyright. Taking a comparative approach, contributions from both leading and emerging scholars offer a variety of perspectives and methodologies through which to examine copyright law in the context of the digital economy. They investigate issues such as the relationship between private and public enforcement mechanisms, the parallels and divergences between US and European approaches, and the influence of the Court of Justice of the EU and the European Court of Human Rights on national courts and the European legal regime.

Scholars of comparative and European law, as well as those with a particular interest in copyright in the context of digital technologies will find this an essential read. It will also prove useful to practitioners looking to understand recent trends in the interpretation of the EU legal framework around copyright.

Subjects:
Intellectual Property Law
Contents:
Introduction
1. Oreste Pollicino
Giovanni Maria Riccio, Marco Bassini
2. 'Speaking truth to power': copyright and the control of speech
Fiona Macmillan
3. Copyright strengthened by the Court of Justice interpretation of Article 17(2) of the EU Charter of Fundamental Rights
Alain Strowel
4. Regulating with rights proportionality? Copyright, fundamental rights and internet in the case law of the Court of Justice of the European Union
Tuomas Mylly
5. Copyright and fundamental rights in European Court of Human Rights case law
Oleg Soldatov
6. Cultural rights, cultural diversity and the EU's copyright regime: the battlefield of exceptions and limitations to protected content
Evangelia Psychogiopoulou
7. The influence of the Court of Justice of the European Union on national courts in copyright cases
Giovanni Maria Riccio
8. US and EU: diverging or intertwined paths?
Maria Lilla Montagnani and Alina Trapova
9. From private enforcement to public enforcement. Copyright enforcement in the digital age: a comparative overview
Giorgio Giannone Codiglione and Marco Bassini Index