Copyright In The Age Of Online Access

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Copyright In The Age Of Online Access
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Author : João Pedro Quintais
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2017-05-15
Copyright In The Age Of Online Access written by João Pedro Quintais 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 2017-05-15 with Law categories.
" In addition to proving virtually impossible, online enforcement of copyright may be undesirable because it risks encroaching upon fundamental rights and freedoms. However, the problem remains that creators are often not fairly remunerated for the online use of their works. This book addresses the urgent need to study pragmatic legal solutions that enable Internet users to access works in the digital environment, while assuring remuneration to rights holders and promoting the development of the information society. This study examines legalisation schemes that favour remunerated access over exclusivity and enforcement for large-scale online use by individuals. It investigates whether and to what extent these schemes (referred to as alternative compensation systems) are admissible under EU copyright law and consistent with its objectives, responding to such questions as the following in depth: - What existing copyright schemes provide an alternative to the exclusive right in copyright law? - What online rights apply to the activities of Internet users? - What types of models exist for the legalisation of online use of copyright works? - How can the public interest shape the scope of protection of copyright? - Can and should we legalise non-commercial file sharing and online use in EU copyright law? The book carefully examines these questions in light of EU primary law, relevant directives (with a focus on the InfoSoc Directive), case law (especially that of the CJEU), and legal literature in the field of copyright. The analysis culminates with a proposed blueprint for a compensated limitation for non-commercial individual use that is consistent with EU copyright law. As a thoroughly researched and balanced response to the urgent need to rethink EU copyright law in light of its lack of social acceptance and technological adequacy, this book will be of inestimable value to lawyers, policymakers, and scholars in the field, as well as to interest groups involved in discussions for reform and modernisation of EU digital copyright law. "
Access To Knowledge In The Age Of Intellectual Property
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Author : Gaëlle Krikorian
language : en
Publisher: Mit Press
Release Date : 2010
Access To Knowledge In The Age Of Intellectual Property written by Gaëlle Krikorian and has been published by Mit Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
A movement emerges to challenge the tightening of intellectual property law around the world. At the end of the twentieth century, intellectual property rights collided with everyday life. Expansive copyright laws and digital rights management technologies sought to shut down new forms of copying and remixing made possible by the Internet. International laws expanding patent rights threatened the lives of millions of people around the world living with HIV/AIDS by limiting their access to cheap generic medicines. For decades, governments have tightened the grip of intellectual property law at the bidding of information industries; but recently, groups have emerged around the world to challenge this wave of enclosure with a new counter-politics of "access to knowledge" or "A2K." They include software programmers who took to the streets to defeat software patents in Europe, AIDS activists who forced multinational pharmaceutical companies to permit copies of their medicines to be sold in poor countries, subsistence farmers defending their rights to food security or access to agricultural biotechnology, and college students who created a new "free culture" movement to defend the digital commons. Access to Knowledge in the Age of Intellectual Property maps this emerging field of activism as a series of historical moments, strategies, and concepts. It gathers some of the most important thinkers and advocates in the field to make the stakes and strategies at play in this new domain visible and the terms of intellectual property law intelligible in their political implications around the world. A Creative Commons edition of this work will be freely available online.
Publishers Rights And Copyright Law
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Author : Michalina Kowala
language : en
Publisher: Taylor & Francis
Release Date : 2025-06-30
Publishers Rights And Copyright Law written by Michalina Kowala and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-06-30 with Law categories.
This book assesses the related rights of press publishers in the context of access to information and media pluralism. Discussing Art. 15 of the Directive (EU) 2019/790 of 17 April 2019, the book looks to create balance between publishers’ rights and both the protection of freedom of expression and freedom of information. With the rise of AI and an increasing interest on internet users’ right to access information, the book focuses on online platforms and the dissemination of information as well as on the legal challenges posed by the use of AI to produce and disseminate news. Using the French transposition of Art. 15 as a case study and referring to its implementation in numerous Member States, the book discusses the broad picture of publishers’ protection across Europe and even further, as international case studies in Australia and Canada are also discussed. The book will be of interest to researchers in the field of media law, EU law, copyright law and freedom of information.
Collective Management Of Copyright And Related Rights
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Author : Mihály Ficsor
language : en
Publisher: WIPO
Release Date : 2002
Collective Management Of Copyright And Related Rights written by Mihály Ficsor and has been published by WIPO this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Law categories.
In this book the rationale and functions of collective management and other systems of joint exercise of rights are presented.
Copyright Law And Streaming
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Author : Séverine Dusollier
language : en
Publisher: BRILL
Release Date : 2025-05-06
Copyright Law And Streaming written by Séverine Dusollier and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-05-06 with Law categories.
On the internet, music, films and TV shows are now just a few clicks away, readily available for listening or viewing. While piracy websites and file-sharing software initially disrupted the entertainment economy, the streaming technology has since been embraced by new operators, from Spotify to Netflix, providing an unprecedented abundance of cultural content. Copyright laws around the world have addressed the many issues brought about by streaming services, whether lawful or not, ranging from copyright enforcement, artists’ remuneration to liability of video-sharing platforms and cultural diversity. This book presents an extensive comparative analysis of legislative and judiciary efforts to adapt to this technological and cultural revolution.
Digital Copyright
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Author : Jessica Litman
language : en
Publisher: Maize Books
Release Date : 2017
Digital Copyright written by Jessica Litman and has been published by Maize Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.
I completed the original manuscript of Digital Copyright in 2000, two years after Congress enacted the Digital Millennium Copyright Act. The 1976 Copyright Act was itself 24 years old, and beginning to show its age. The Internet, in contrast, was still new and shiny and scary, especially for legacy entertainment and information businesses and the copyright lawyers who represented them.Seventeen years later, the Internet has become an essential feature of all of our lives and the copyright laws designed to tame it seem elderly and barnacle-encrusted. Remarkably, the legislative process that has made sensible copyright law reform all but impossible has stayed largely unchanged. Congress and the Copyright Office have recently launched what is billed as a comprehensive reexamination of copyright law with the goal of overhauling the law for the 21st century. It seems likely that these efforts will hew to the patterns of earlier copyright revision. Perhaps we stick with the tried and true approach to making copyright laws, even though it results in bad laws, because the process works so well for so many of the participants. Members of Congress can rely on affected industries to come up with broadly acceptable compromises, and to take on much of the burden of pressuring other interested groups to swallow them. Meanwhile, Senators and Representatives can continue to collect generous campaign contributions. The Copyright Office can be the center of attention as it plays a crucial role in managing the multilateral negotiations and interpreting their results to Congress. Copyright lobbyists and trade organizations can collect hefty fees from their members, in return for supplying them with laws that will give them competitive advantages against the next new thing, whatever it is. Because the laws that emerge from this process don't work very well, meanwhile, everyone can look forward to another round.Although the book is ancient in Internet time, people seem to have continued to read it. Now that it has finally gone out of print, I'm delighted to be able to make it more freely available under a Creative Commons license. In addition to the Afterword that I wrote for the 2006 paperback edition, I have included a postscript looking back briefly on what, if anything, we might have learned from the aftermath of the stories told in this book.Postscript is available at: 'https://ssrn.com/abstract=2968546' https://ssrn.com/abstract=2968546.
Eu Copyright Law
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Author : Irini Stamatoudi
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-03-26
Eu Copyright Law written by Irini Stamatoudi 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 2021-03-26 with Law categories.
This significantly revised and updated second edition addresses the rapid development of EU copyright law in relation to the advancement of new technologies, the need for a borderless digital market and the considerable number of EU legal instruments enacted as a result. Taking a comparative approach, the Commentary provides comprehensive coverage and in-depth commentary on each of the EU legal instruments and policies, both from an EU and an international perspective. Alongside full legislative analysis and article-by-article commentary, the Commentary illustrates the underlying basic principles of free movement and non-discrimination and provides insights into the influence of copyright on other areas of EU policy, including telecoms and bilateral trade agreements.
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 In The Age Of Online Access
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Author : João Pedro de Miranda Branco Tomé Quintais
language : en
Publisher:
Release Date : 2017
Copyright In The Age Of Online Access written by João Pedro de Miranda Branco Tomé Quintais and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.
"The large majority of the EU population uses the Internet. For many individuals, their online acts of enjoyment and expression are restricted by copyright. For users and rights holders alike, the existing model of exclusivity with enforcement is problematic. Online enforcement is either impossible (de facto or due to high transaction costs) or undesirable, as it risks encroaching upon fundamental rights and freedoms of individuals and intermediaries. Criminalisation and strict enforcement alienate end-users (with file-sharers being among the best clients of the content industries) and diminish the respect for, and legitimacy of, copyright law. Furthermore, emerging online business models, like streaming platforms, despite generating significant rights revenue, fail to provide fair remuneration to creators or capture the market for mass-scale non-commercial use. To address these problems, the present dissertation examines reform proposals that focus on models of remunerated access to copyright works in the online environment. These models are defined under the umbrella term "alternative compensation systems" or "ACS". In simple terms, ACS replace the need for direct authorisation for the online use of works by individuals (e.g. downloading and uploading) resulting from the application of exclusive rights, with a licensing scheme authorising such use and ensuring remuneration to rights holders or at least creators. This dissertation examines to what extent ACS for non-commercial online use of works by individuals are admissible under EU copyright law and consistent with its objectives. It further examines how can and should EU copyright law incorporate an ACS."--Samenvatting auteur.
Eu Copyright Law
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Author : Morten Rosenmeier
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-03-25
Eu Copyright Law written by Morten Rosenmeier 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 2019-03-25 with Law categories.
EU Copyright Law Subsistence, Exploitation and Protection of Rights Morten Rosenmeier, Kacper Szkalej and Sanna Wolk Against a background in which technology continues to change the ways we create, use, distribute and consume cultural content – and where there has been a noticeable increase in the body of case law of Court of Justice of the European Union (CJEU) relating to copyright – copyright protection has become an essential component of the knowledge-based economy and the information society. This book, structured around the various rights and issues rather than the legislative instruments, greatly facilitates an understanding of the complex legal area of European Union (EU) copyright law and provides for a more conscious application of these rules. Among the issues and topics covered are the following: the CJEU’s interpretation of EU copyright law and application of fundamental rights; authorship and ownership of copyright; protection of computer programs and databases; scope of exclusive rights, such as communication to the public and distribution, including rental and lending; application of limitations and exceptions; cross-border access to online content services; digital exhaustion of copyright; and enforcement of copyright and cross-border issues; With its practical approach to the substance of the various legal rules and principles both at EU level and in the various EU Member States, the book clearly describes in detail how copyright law functions throughout the EU. Professionals, business entities and academics who must be familiar with this dynamic legal area, especially in the digital environment, will benefit greatly from the book’s clear consideration of legal questions that arise in connection with copyright issues.