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Pluralism or Universalism in International Copyright Law 2nd ed


ISBN13: 9789403526881
Previous Edition ISBN: 9789403503554
To be Published: June 2025
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £109.00



Pluralism or Universalism in International Copyright Law, currently in its second edition, is an insightful and exhaustively researched book suggesting that despite the prevailing labyrinthine mosaic of divergent national responses to fragmentation at the international level, the foundations of a universal approach can be found in the interaction of regional, national and international copyright law instruments when responding to current and emerging technologies. In a world where digital platforms are de facto regulators of the communication of copyright-protected works, the democratization of access to content has substantially expanded the availability of new markets and dramatically increased copyright infringements. Faced with these challenges, regional and national copyright systems are in search of elasticity and drastic reforms. Copyright ecosystems react variously either with the introduction of reforms or by staying inert, depending on their level of technological progress and their development of copyright law and political opportunism. This leads to a labyrinthine mosaic of divergent national responses to universal questions and fragmentation at the international level.

What’s in this book:

Elucidating the adaptation of copyright law to the needs of the digital era and the rise of Artificial Intelligence, this book furnishes vital approaches by eminent copyright scholars on whether pluralism or universalism is the appropriate path to follow for the development of international copyright law. The authors deal with the following issues and topics:

  • the application of core copyright law principles worldwide
  • authorship, rights and exceptions in the international copyright acquis
  • global collective management of copyright
  • copyright contracts
  • database and design rights
  • the global reach of the U.S. Fair Use doctrine
  • World Intellectual Property Organization’s role and strategy in international copyright lawmaking
  • a possible revision of the Berne Convention, and
  • human rights and international copyright law

Specific evolutions and emerging trends in national and regional digital copyright laws are analyzed and assessed as they have developed in the European Union, the United States and Canada. Throughout, attention is paid to compatibility with the Berne Convention, the perceived core of copyright law in the international copyright acquis, and the key question of the balancing of copyright law with fundamental rights from an international and comparative law perspective.

How this will help you:

This peerless book is a comprehensive analysis of how core copyright law concepts and principles function in today’s fragmented copyright legal system. Its in-depth treatment of numerous specific instruments and regimes, as well as its insightful approaches to the future of international copyright lawmaking, will prove to be invaluable to lawyers, judges, policymakers, academics and researchers working in the field of copyright law.

Subjects:
Intellectual Property Law
Contents:
List of Abbreviations
Acknowledgments and Dedication
Introduction 1

Part I: Regional Copyright Law Harmonization
Chapter 1. EU, BC, WCT: The Compatibility of EU Copyright Law with the International Acquis in the Berne Convention, TRIPS and WCT
Antoon A. Quaedvlieg
Chapter 2. The Creeping Unification of Copyright in Europe
P. Bernt Hugenholtz
Chapter 3. Globalization of Collective Rights Management and the Role of National CMOs
Rudolf Leška
Chapter 4. U.S. (Non)Compliance with Its International Copyright Obligations under Berne, TRIPS and the 1996 WIPO Copyright Treaties
Jane C. Ginsburg
Chapter 5. Is the U.S. Fair Use Doctrine Compatible with Berne and TRIPS Obligations?
Pamela Samuelson & Kathryn Hashimoto
Chapter 6. The Compatibility of Canada’s Copyright Law with International Copyright Conventions
Ysolde Gendreau
Chapter 7. Evolutions of Copyright Law in Africa: Compatibility with International Norms and Directions
Marisella Ouma

:Part II Pluralism or Universalism in International Copyright Lawmaking
Chapter 8. Berne Convention: The Epicenter of Universalism or the Contrary?
Dionysia Kallinikou
Chapter 9. Universality or Diversity? The WIPO Role and Strategy in International Copyright Lawmaking
Jørgen Blomqvist
Chapter 10. Toward a New Berne Convention
Daniel Gervais
Chapter 11. Pluralism and Universalism in International Copyright Law: The Role of an International Acquis
Graeme B. Dinwoodie
Chapter 12. Revision of the Berne Convention: Utopia or Realistic Dream?
Michel M. Walter

Part III: International Copyright Law Acquis
Chapter 13. The Moral Interests of Authors as Universal Expressions of the Law of Autonomy: And Their Plural Recognition Within or Outside Copyright Law
Alain Strowel
Chapter 14. Toward an International Common Core of Exceptions and Limitations?
Raquel Xalabarder
Chapter 15. International Fragmentation of Copyright Duration: The Only Place Where the Little Prince and Anne Frank Grow Old
Séverine Dusollier
Chapter 16 Dangers and Challenges of Copyright Law’s Segmentation in the Digital Era from a Private International Law Perspective
Paul L.C. Torremans

Part IV: Gaps in the International Copyright Law Acquis
Chapter 17. Authorship in International Copyright Law
Tatiana Eleni Synodinou
Chapter 18. Nonoriginal Databases and Works of Applied Art as Nonharmonized Matter in International Copyright Law: What Lessons Can Be Learned?
Estelle Derclaye
Chapter 19. Copyright Contract Law
Agnès Lucas-Schloetter

Part V: Human Rights and International Copyright Law
Chapter 20. Universalism, Pluralism or Isolationism? The Relationship Between Authors’ Rights and Creators’ Human Rights
Jonathan Griffiths
Chapter 21. Access to Works Protected by Copyright Law
Philippe Jougleux
Chapter 22. Universal Measures in the Service of Global Challenges: Proportionality, Blocking Orders, and Online Intermediaries as Hybrid Bodies
Orit Fischman Afori

Table of cases
Index

Series: Information Law Series

Imposing Data Sharing Among Private Actors: A Tale of Evolving Balances ISBN 9789403541600
Published January 2022
Kluwer Law International
£134.00
Imposing Data Sharing Among Private Actors: A Tale of Evolving Balances (eBook) ISBN 9789403541655
Published January 2022
Kluwer Law International
Out of print
Imposing Data Sharing Among Private Actors: A Tale of Evolving Balances (eBook) ISBN 9789403501772
Published January 2022
Kluwer Law International
Out of print
Out of print
£122.00
Pluralism or Universalism in International Copyright Law ISBN 9789403503554
Published October 2019
Kluwer Law International
Out of print
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