Copyright Exceptions
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Conceptualizing Copyright Exceptions In China And South Africa
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Author : Jia Wang
language : en
Publisher: Springer
Release Date : 2018-03-01
Conceptualizing Copyright Exceptions In China And South Africa written by Jia Wang and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-01 with Law categories.
This book critically evaluates the current copyright law system in a digital environment from a comparative perspective. Since many developing countries modelled their copyright laws on more advanced jurisdictions, they have not benefitted from such a law as much as intended due to their inherently embedded social economic conditions. Moreover, the copyright law system has been under constant challenges from rapidly developing digital technology and the Internet. All in all, there is a pressing need for developing countries to reevaluate their copyright law in light of their national needs, the developmental stage of their economy, their culture and tradition, and their legal system. The book poses the question of whether copyright law should be reformed to fulfill its fundamental purpose of serving education and research that are in the public interest in the digital era? It examines whether the legal frameworks adequately address developing countries’ educational and research requirements in view of the opportunities and restrictions posed by electronic communication media. Further, it provides a comprehensive study that addresses the various critical issues relevant to the reform of the copyright law system and offers recommendations for developing countries to revamp their copyright law system to better serve their education and research sector.
Drafting Copyright Exceptions
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Author : Emily Hudson
language : en
Publisher: Cambridge University Press
Release Date : 2020-04-02
Drafting Copyright Exceptions written by Emily Hudson and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-02 with Law categories.
This is a detailed account of interpretative practices and the 'law in action' that draws lessons for the drafting of copyright exceptions.
Exceptions In Eu Copyright Law
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Author : Tito Rendas
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-02-10
Exceptions In Eu Copyright Law written by Tito Rendas and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-10 with Law categories.
Information Law Series Volume 45 In a copyright system characterised by broad and long-lasting exclusive rights, exceptions provide a vital counterweight, especially in times of rampant technological change. The EU’s controversial InfoSoc Directive – now two decades old – lists exceptions in which an unauthorised user will not have infringed the rightholder’s copyright. To reform or not to reform this legal framework – that is the question considered in great depth in this book, providing detailed theoretical and normative analysis of the Directive, the national and CJEU case law arising from it, and meticulously thought-out proposals for change. By breaking down the concepts of ‘flexibility’ and ‘legal certainty’ into a set of policy objectives and assessment criteria, the author thoroughly examines such core aspects of the framework as the following: the justifications for exceptions, e.g., safeguarding the fundamental rights of users; the regimes established in legislation and case law for key exceptions; the need to promote technological development; the importance of avoiding re-fragmentation caused by uncoordinated national legislative responses to technological changes; the legal status of digital technologies that rely on unauthorised uses of copyright-protected works; and the pros and cons of importing a fair use standard modelled after that of the United States. In an invaluable concluding chapter, the author puts forward a set of reform proposals, articulating their advantages and responding to potential objections. In doing so, the chapter also identifies, synthesises and critically examines the various proposals that have been advanced in the academic literature. In its decisive contribution to the debate around the InfoSoc Directive and the rules that guide its implementation, interpretation, and application, this book isolates the contentious structural features of the framework and examines them in a critical fashion. The author’s systematised review of scholarly and policymaking proposals for increasing flexibility and legal certainty in EU copyright law will be welcomed by practitioners in intellectual property law and other areas of economic law, as well as by interested policymakers and scholars.
Copyright Exceptions
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Author : Robert Burrell
language : en
Publisher: Cambridge University Press
Release Date : 2005-02-24
Copyright Exceptions written by Robert Burrell and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-02-24 with Law categories.
This book was first published in 2005. Copyright 'exceptions' or 'users' rights' have become a highly controversial aspect of copyright law. Most recently, Member States of the European Union have been forced to amend their systems of exceptions so as to comply with the Information Society Directive. Taking the newly amended UK legislation as a case study, this book examines why copyright exceptions are necessary and the forces that have shaped the present legislative regime in the UK. It seeks to further our understanding of the exceptions by combining detailed doctrinal analysis with insights gained from a range of other sources. The principal argument of the book is that the UK's current system of 'permitted acts' is much too restrictive and hence is in urgent need of reform, but that paradoxically the Information Society Directive points the way towards a much more satisfactory approach.
The Parody Exception In Copyright Law
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Author : Sabine Jacques
language : en
Publisher: Oxford University Press
Release Date : 2019-03-07
The Parody Exception In Copyright Law written by Sabine Jacques and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-07 with Law categories.
Parodies have been created throughout times and cultures. A glimpse at the general judicial latitude generally afforded to parodies, satires, caricatures, and pastiches demonstrates the social and cultural value of this particular form of artistic expression. With the advent of technologies and the evolution of copyright legislation, creative endeavours in the form of parody gathered a new youth but became unlawful. While copyright law grants exclusive rights to right-holders, this right is not absolute. Legislation includes specific exceptions, which preclude right-holders from exercising their prerogatives in particular cases which foster creativity and cultural diversity within that society. The parody exception pertains to this ultimate objective by permitting users to reproduce copyright-protected materials for the purpose of parody. To understand the meaning and scope of the parody exception, this book examines and compares five jurisdictions which differ in their protection of parodies: France, Australia, Canada, the US and the United Kingdom. This book is concerned with finding an appropriate balance between the protection awarded to right-holders and the public interest. This is achieved by analysing the parody exception to the economic rights of right-holders, the preservation of moral rights and the interaction of the parody exception with contract law. As parodies constitute an artistic expression protected under the right to freedom of expression, this book also considers the influence of freedom of expression on the interpretation of this specific copyright exception. Furthermore, this book aims at providing guidance on how to resolve conflicts where fundamental rights are in conflict. This is the first book in English to offer an in-depth investigation into the parody exception in copyright law, and comments on industry practices linked to this form of creative endeavours.
Challenges Of Copyright In The Digital Age
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Author : Arpi Abovyan
language : en
Publisher: Herbert Utz Verlag
Release Date : 2014-06-26
Challenges Of Copyright In The Digital Age written by Arpi Abovyan and has been published by Herbert Utz Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-06-26 with categories.
The adaption of copyright law to the digital age is currently one of the EU’s main concerns regarding intellectual property. This thesis analyses whether European legislation in this field can be successfully implemented in the same way in countries with different levels of development. Taking the examples of Germany and Armenia will help to evaluate the problems of developed and transition countries concerning the challenges of copyright in the digital age. The comparison between these two countries shows that a one-size-fits-all-approach is not appropriate in the digital environment. The socio-economic situation and the legal environment of transition countries call for a different solution. In this respect the example of Armenia may be instructive for other transition countries as well, especially CIS countries. A recommendation for adopting a certain system for drafting European legislation in the future which will meet the needs of all countries, considering their social, economic and legal situation, has been developed in this thesis.
The General Exception Clauses Of The Trips Agreement
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Author : Rodrigues Junior Rodrigues Jr.
language : en
Publisher: Cambridge University Press
Release Date : 2012-04-12
The General Exception Clauses Of The Trips Agreement written by Rodrigues Junior Rodrigues Jr. and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-12 with Law categories.
An examination of the policy room made available by the general exception clauses of the TRIPS Agreement.
Copyright Law
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Author : Paul Torremans
language : en
Publisher: Edward Elgar Publishing
Release Date : 2009-01-01
Copyright Law written by Paul Torremans and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Law categories.
. . . this book provides an interesting insight into many aspects of copyright law. It is a useful resource not only for those whose core practice is copyright but also those involved in industries reliant on copyright. New Zealand Law Journal Copyright law is undergoing rapid transformations to cope with the new international digital environment. This valuable research Handbook provides a thorough and contemporary tableau of current thinking in copyright law. It traces the changes undergone and the challenges faced by copyright, as well as its roots and its diversity, combining to present a colourful picture of a dynamic research area. The editor brings together an elite group of international copyright scholars who offer incisive and original analysis of a wide range of issues and aspects of copyright law, and in some cases a multiplicity of perspectives on a single topic. Rigorous and often thought-provoking in nature, this research Handbook clearly maps the current landscape, and will also undoubtedly stimulate further research in the field. Analysing the cutting edge of current copyright research, Copyright Law will be of great interest to researchers, students, practitioners and policymakers.
Public Rights
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Author : Graham Greenleaf
language : en
Publisher: Cambridge University Press
Release Date : 2018-06-21
Public Rights written by Graham Greenleaf and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-21 with Language Arts & Disciplines categories.
This comprehensive international and comparative account reconceptualises the public domain, providing new insights into copyright and copyright law reform.
Art And Copyright Law
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Author : Giulia Walter
language : en
Publisher: Taylor & Francis
Release Date : 2025-05-08
Art And Copyright Law written by Giulia Walter and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-05-08 with Law categories.
This book tackles the lack of synchronicity between art and copyright law, proposing practical and interdisciplinary tools through which to navigate this conflict. In the last decades, high profile lawsuits have been filed against artists accused of plagiarism including Jeff Koons, Barbara Kruger and Andy Warhol. This book demonstrates how these cases are at odds with contemporary artistic reality, in which the use of antecedent visual forms is common practice. Focusing on the dichotomies of “original/copy” and of “old/new”, this work addresses this phenomenon from both theoretical and legal perspectives. Using Swiss copyright law as the main case study, the book comparatively assesses other international legal frameworks. Through understanding the origins of the conflict between art and copyright, the book highlights solutions to handle copyright cases with a new methodological approach. The book will be of interest to researchers in the field of art and copyright law, intellectual property and art. The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives (CC BY-NC-ND) 4.0 license.