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Copyright Law In An Age Of Limitations And Exceptions


Copyright Law In An Age Of Limitations And Exceptions
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Copyright Law In An Age Of Limitations And Exceptions


Copyright Law In An Age Of Limitations And Exceptions
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Author : Ruth L. Okediji
language : en
Publisher:
Release Date : 2017

Copyright Law In An Age Of Limitations And Exceptions written by Ruth L. Okediji and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Copyright categories.


Copyright Law in an Age of Limitations and Exceptions brings together leading copyright scholars and the field's foremost authorities to consider the critical role of copyright law in shaping the complex social, economic, and political interaction critical for cultural productivity and human flourishing. The book addresses defining issues facing copyright law today, including justifications for copyright law's limitations and exceptions (L & Es), the role of authors in copyright, users' rights, fair use politics and reform, the three-step test in European copyright law, the idea/expression principle with respect to functional works, limits on the use of L & Es in scientific innovation, and L & Es as a tool for economic development in international copyright law. The book also presents case studies on the historical development of the concept of 'neighboring rights' and on Harvard Law School's pioneering model of global copyright education, made possible by the exercise of L & Es across national borders



Copyright Law In An Age Of Limitations And Exceptions


Copyright Law In An Age Of Limitations And Exceptions
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Author : Ruth L. Okediji
language : en
Publisher: Cambridge University Press
Release Date : 2017-03-30

Copyright Law In An Age Of Limitations And Exceptions written by Ruth L. Okediji 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 2017-03-30 with Law categories.


In this book, leading scholars analyze the important role played by copyright exceptions in economic and cultural productivity.



Streaming And Copyright Law


Streaming And Copyright Law
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Author : Lasantha Ariyarathna
language : en
Publisher: Taylor & Francis
Release Date : 2022-09-05

Streaming And Copyright Law written by Lasantha Ariyarathna and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-05 with Law categories.


This book examines the challenges posed to Australian copyright law by streaming, from the end-user perspective. It compares the Australian position with the European Union and United States to draw lessons from them, regarding how they have dealt with streaming and copyright. By critically examining the technological functionality of streaming and the failure of copyright enforcement against the masses, it argues for strengthening end-user rights. The rising popularity of streaming has resulted in a revolutionary change to how digital content, such as sound recordings, cinematographic films, and radio and television broadcasts, is used on the internet. Superseding the conventional method of downloading, using streaming to access digital content has challenged copyright law, because it is not clear whether end-user acts of streaming constitute copyright infringement. These prevailing grey areas between copyright and streaming often make end-users feel doubtful about accessing digital content through streaming. It is uncertain whether exercising the right of reproduction is appropriately suited for streaming, given the ambiguities of “embodiment” and scope of “substantial part”. Conversely, the fair dealing defence in Australia cannot be used aptly to defend end-users’ acts of streaming digital content, because end-users who use streaming to access digital content can rarely rely on the defence of fair dealing for the purposes of criticism or review, news reporting, parody or satire, or research or study. When considering a temporary copy exception, end-users are at risk of being held liable for infringement when using streaming to access a website that contains infringing digital content, even if they lack any knowledge about the content’s infringing nature. Moreover, the grey areas in circumventing geo-blocking have made end-users hesitant to access websites through streaming because it is not clear whether technological protection measures apply to geo-blocking. End-users have a severe lack of knowledge about whether they can use circumvention methods, such as virtual private networks, to access streaming websites without being held liable for copyright infringement. Despite the intricacies between copyright and access to digital content, the recently implemented website-blocking laws have emboldened copyright owners while suppressing end-users’ access to digital content. This is because the principles of proportionality and public interest have been given less attention when determining website-blocking injunctions.



Pluralism Or Universalism In International Copyright Law


Pluralism Or Universalism In International Copyright Law
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Author : Tatiana Eleni Synodinou
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-10-24

Pluralism Or Universalism In International Copyright Law written by Tatiana Eleni Synodinou 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 2019-10-24 with Law categories.


In a world where powerful intermediaries like Google and Facebook are de facto regulators of the communication of copyright-protected works, the democratization of access to content has both substantially expanded the availability of new markets and dramatically increased copyright infringements. Does this mean that the long-sought ideal of a “universal” copyright regulation, which would harmoniously combine effective protection of intellectual creations with public interest goals, is a lost cause? Taken together, the contributions to this insightful and thoroughly researched book suggest that despite the prevailing labyrinthine mosaic of divergent national responses to fragmentation at 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. Emphasizing the adaptation of copyright law to the needs of the information society, this volume provides critical approaches by leading copyright scholars on whether pluralism or universalism is the appropriate path to follow for the development of international copyright law. The authors deal with such issues and topics as the following: the application of core copyright law principles worldwide; authorship, rights and exceptions in the international copyright acquis; Internet copyright enforcement; global collective management of copyright; copyright contracts; database and design rights; intermediary liability; the global reach of the U.S. Fair Use doctrine; World Intellectual Property Organization’s role and strategy in international copyright lawmaking; and bilateral trade and investment agreements involving copyright. 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, Canada and Australia, as well as in several Asian and African countries. 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. As a comprehensive analysis of how core copyright law concepts and principles function in today’s fragmented copyright legal system, this book has no peers. Its detailed treatment of numerous specific instruments and regimes, as well as its insightful approaches to the future of international copyright lawmaking, will prove of immeasurable value to lawyers, judges, policy makers, academics and researchers working in the field of copyright law.



Research Handbook On Eu Internet Law


Research Handbook On Eu Internet Law
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Author : Andrej Savin
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-10-06

Research Handbook On Eu Internet Law written by Andrej Savin 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 2023-10-06 with Law categories.


The Internet has brought about unprecedented changes to modern life, creating a connected society but also radically opening up the question of how to design and apply legal rules in a digital world. This thoroughly revised second edition provides an updated exploration of the latest developments and controversies in European Internet law.



The Routledge Handbook Of Eu Copyright Law


The Routledge Handbook Of Eu Copyright Law
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Author : Eleonora Rosati
language : en
Publisher: Routledge
Release Date : 2021-04-21

The Routledge Handbook Of Eu Copyright Law written by Eleonora Rosati and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-21 with Law categories.


The Routledge Handbook of EU Copyright Law provides a definitive survey of copyright harmonization in the European Union, capturing the essential and relevant issues of this relatively recent phenomenon. Over the past few years, two themes have emerged: on the one hand, copyright policy and legislative initiatives have intensified; on the other hand, the large number of references to the Court of Justice of the European Union has substantially shaped the EU copyright framework and, with it, the copyright framework of individual EU Member States. This handbook is a detailed reference source of original contributions which analyze and critically evaluate the state of EU copyright law with a view to detecting the key trends and patterns in the evolution of EU copyright, weighing the benefits and disadvantages of such evolution. It covers a broad range of topics through clusters focused on: the history and approaches to EU copyright harmonization; harmonization in the areas of exclusive rights, exceptions and limitations, and enforcement; copyright policy and legacy of harmonization. With contributions from a selection of highly regarded and leading scholars in this field, the Routledge Handbook on European Copyright Law is an essential resource for students and scholars who are interested in the field of copyright law.



The Copyright Competition Interaction Within The Eu


The Copyright Competition Interaction Within The Eu
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Author : Dino Gliha
language : en
Publisher: Springer Nature
Release Date : 2025-07-09

The Copyright Competition Interaction Within The Eu written by Dino Gliha and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-07-09 with Law categories.


This book provides a comprehensive analysis of the copyright-competition interaction issue in the EU and provides a sustainable method of approach. The research identifies several approaches to the copyright-competition issue some of which were extensively applied in practice, while others were considered more theoretical. However, none of the discussed approaches has proved to be an adequate fundament to understanding the copyright-competition interaction issue, and there is still a considerable disagreement on how to deal with this matter. It is vital to start with the relationship between copyright law and competition law to overcome the flaws of the identified approaches. The issue can be elegantly settled through the existent principles of both laws. From the perspective of copyright law, the application of competition law is a limitation of the author's right in a broader sense originating outside of copyright law. From the perspective of competition law, the presence of copyright should be comprehended as a specific situation in which the focus should mainly be on the effects of copyright instead of allocation and productiveness; at the same time, the concept of authorship should be taken into consideration in the light of consumer welfare. Only after the fundamental approach to the copyright-competition interaction issue is settled is it possible to analyse specific situations further. In practice, several types of exercises have been recognised as the matter of the copyright-competition interaction. The research focuses on the interference between the exercise of copyright and competition rules on prohibited agreements (i.e. licensing practices) and abuse of dominant position (i.e. refusal to license copyright). Each situation is analysed separately based on the common understanding of the copyright-competition interaction issue and following the fundamental principles of copyright law and competition law. In doing so, a detailed critical analysis of the relevant case-law and literature is provided. After the analysis of the relevant case-law and doctrine for both situations are conducted, the research produces a specific approach and method of analysis specific for the copyright-competition interaction cases dealing under Article 101 and Article 102 TFEU. It should be noted that the approaches are primarily construed from the perspective of copyright civil law tradition and EU competition law, although such approach might as well be considered in other legal systems and traditions. In the end, a special view is given to the digital industry sector and the assessment of further potential developments in that field that might potentially fall under the scope of the copyright-competition interaction issue.



Framing Intellectual Property Law In The 21st Century


Framing Intellectual Property Law In The 21st Century
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Author : Rochelle Cooper Dreyfuss
language : en
Publisher: Cambridge University Press
Release Date : 2018-10-18

Framing Intellectual Property Law In The 21st Century written by Rochelle Cooper Dreyfuss 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 2018-10-18 with Business & Economics categories.


The book describes how intellectual property law is framed by theories about incentives, trade, health, development, and human rights.



The Future Of Asian Trade Deals And Ip


The Future Of Asian Trade Deals And Ip
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Author : Kung-Chung Liu
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-11-28

The Future Of Asian Trade Deals And Ip written by Kung-Chung Liu and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-28 with Law categories.


The first part of this open access book sets out to re-examine some basic principles of trade negotiation, such as choosing the right representatives to negotiate and enhancing transparency as a cure to the public's distrust against trade talks. Moreover, it analyses how the Comprehensive and Progressive Agreement for the Trans-Pacific Partnership (CPTPP) might impact on the Regional Comprehensive Economic Partnership's (RCEP) IP chapter and examines the possible norm setters of Asian IP. It then focuses on the People's Republic of China's (PRC) trade and IP strategy against the backdrop of the power games between the PRC, India and the US. The second part of the book reflects on issues related to investor–state dispute settlement and its relationship with IP, such as how to re-calibrate the balance in international investment arbitration, and whether compulsory license of IP constitutes expropriation in India, the PRC and select ASEAN countries. The third part of the book questions and strives to improve some of the proposed IP provisions of CPTPP and RCEP and to redefine some aspects of international IP norms, such as: pre-grant patent opposition and experimental use exception; patent term extension; patent linkage and data exclusivity for the pharmaceutical sector; plant variety protection; pre-established damages for copyright infringement; and the restructuring of copyright limitations in the public interest. The open access edition of this book is available under a CC BY-NC-ND 3.0 licence on www.bloomsburycollections.com. Open access was funded by the Applied Research Centre for Intellectual Assets and the Law in Asia, School of Law, Singapore Management University.



The Interface Of Intellectual Property Law With Other Legal Disciplines


The Interface Of Intellectual Property Law With Other Legal Disciplines
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Author : Christophe Geiger
language : en
Publisher: Edward Elgar Publishing
Release Date : 2025-05-14

The Interface Of Intellectual Property Law With Other Legal Disciplines written by Christophe Geiger 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 2025-05-14 with Law categories.


This incisive book explores the interactions between intellectual property (IP) laws and other legal disciplines, examining potential policy implications raised by the growing influence of various legal frameworks on IP principles. Illustrating these issues, the book analyzes how they have shaped our understanding of IP laws and doctrines. Leading specialists debate the intersection of different areas of private, public and criminal law with intellectual property rights, drawing some forward-looking conclusions on the implications at legislative, judicial and theoretical level.