[PDF] Copyright Reconstructed Rethinking Copyright S Economic Rights In A Time Of Highly Dynamic Technological And Economic Change - eBooks Review

Copyright Reconstructed Rethinking Copyright S Economic Rights In A Time Of Highly Dynamic Technological And Economic Change


Copyright Reconstructed Rethinking Copyright S Economic Rights In A Time Of Highly Dynamic Technological And Economic Change
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Copyright Reconstructed Rethinking Copyright S Economic Rights In A Time Of Highly Dynamic Technological And Economic Change


Copyright Reconstructed Rethinking Copyright S Economic Rights In A Time Of Highly Dynamic Technological And Economic Change
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Author : P. Bernt Hugenholtz
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2018-04-11

Copyright Reconstructed Rethinking Copyright S Economic Rights In A Time Of Highly Dynamic Technological And Economic Change written by P. Bernt Hugenholtz 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 2018-04-11 with Law categories.


About this book: Copyright Reconstructed is the result of a collaborative research project, ‘Reconstructing Rights’ funded by Microsoft Europe, that normatively examined the core economic rights protected under EU copyright law, with the aim of realigning these rights with economic and technological realities. It follows an interdisciplinary approach, combining economic and legal methods. The book presents various concurring future models of ‘reconstructed’ copyright law. The historical evolution of copyright has led to a growing disconnect between the legal definitions of economic rights and the business and technological realities they regulate, eroding copyright’s normative content and distorting the scope of its economic rights. What’s in this book: This book is structured as follows. Following a historical chapter that illustrates how a structure of media-specific economic rights has developed in international copyright law as copyright’s catalogue of rights, a number of alternative models for reconstructing rights are presented in the form of chapters by Europe’s most respected copyright scholars and economists focusing on potentially copyright-relevant acts that lie at the borders of exclusive rights: digital resale;private copying;hyperlinking and embedding;cable retransmission; andtext and data mining. How this will help you: Offering the most incisive current thinking on copyright’s economic rights in an increasingly networked world where acts of usage of works occur on a global or regional scale rather than on a purely national territorial basis, this book will be of immeasurable value not only to academics but also to practitioners and professionals in intellectual property law. This book guides copyright lawyers and scholars in the fields of international and EU copyright law in understanding the nexus between copyright law and technological and economic change. It also helps lawmakers and judges at the European, national and international levels formulate legislative responses to the challenges of the digital environment.



The Right Of Communication To The Public In Eu Copyright Law


The Right Of Communication To The Public In Eu Copyright Law
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Author : Justin Koo
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-05-30

The Right Of Communication To The Public In Eu Copyright Law written by Justin Koo and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-30 with Law categories.


This monograph conducts a comprehensive analysis of the EU right of communication to the public, one of the exclusive rights under EU copyright law, and provides an alternative framework for its interpretation and application. The present state of the law is unsatisfactory; there is uncertainty in the acquis communautaire and courts at the EU and domestic levels have struggled to apply the right. Therefore, the book identifies the problems with the existing right of communication to the public and proposes recommendations for reform. In addition to reforming the scope of the right of communication to the public, the jurisdiction and applicable law in relation to the right are analysed and changes are recommended. Thus, the book covers both the scope and practicalities of a coherent and effective reform of the right. In light of the continuing development and accompanying tribulations with this right at the EU level, this book provides a topical and timely analysis that will be of interest to academics and practitioners working on EU copyright law. Cited in Opinion of Advocate General Henrik Saugmandsgaard Øe, joined Cases C-682/18 and C-683/18, Frank Peterson v Google LLC, YouTube LLC, YouTube Inc., Google Germany GmbH and Elsevier Inc. v Cyando AG, ECLI:EU:C:2020:586, Court of Justice of the European Union, 16 July 2020.



Promoting Sustainable Innovation And The Circular Economy


Promoting Sustainable Innovation And The Circular Economy
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Author : Ole-Andreas Rognstad
language : en
Publisher: Taylor & Francis
Release Date : 2024-07-26

Promoting Sustainable Innovation And The Circular Economy written by Ole-Andreas Rognstad and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-07-26 with Law categories.


The book explores the role of public market actors in sustainable and circular economy innovation and financing. The shift to a circular economy requires active innovation, alongside radical changes in law, finance and policy considerations, since regulation is often tightly connected with the assumption of a linear model of consumption. Finance is crucial in creating sustainable and circular economy markets and innovations: public finance is important from the perspective of seeing the state as an engine for promoting sustainable innovations, but private funds are also required. Legislative initiatives for promoting repairs have been proposed or adopted in the EU, US and in Australia, representing remarkable steps forward but still leaving many obstacles without legislative intervention. This book examines circular economy regulation and policy on a comprehensive, general level, as well as assessing the regulatory possibilities of promoting the right to repair. Promotion of circular economy innovations as well as changing the practices and changing consumer patterns towards a more comprehensive adoption of CE are discussed from perspectives of legal, social and moral norms. The book critically evaluates current legislative reforms and assesses existing barriers to the circular economy and innovation in intellectual property law, consumer law and competition law. Providing an in-depth analysis of this dynamic field, geared towards reconsidering both existing and prospective policies and regulatory regime, the book makes recommendations for solutions to legislative barriers. It is an indispensable resource for both researchers and practitioners working at the intersections of markets, innovations and sustainability.



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.



Harmonizing Intellectual Property Law For A Trans Atlantic Knowledge Economy


Harmonizing Intellectual Property Law For A Trans Atlantic Knowledge Economy
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Author :
language : en
Publisher: BRILL
Release Date : 2024-04-30

Harmonizing Intellectual Property Law For A Trans Atlantic Knowledge Economy written by and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-30 with Law categories.


This book gathers and builds on research into distinct national and regional traditions in regulating innovation. It is an early attempt at a comprehensive legal history of the uneven trans-Atlantic harmonization of IP law. Authors explore harmonization as a legal mandate and a progressive ideal, and imagine areas in which coherent regulatory webs could build a more vibrant trans-Atlantic knowledge economy.



Postcolonial Copyright Law


Postcolonial Copyright Law
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Author : Mespiti Poolsavasdi
language : en
Publisher: Taylor & Francis
Release Date : 2025-08-15

Postcolonial Copyright Law written by Mespiti Poolsavasdi and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-08-15 with Law categories.


This book appraises postcolonial perspectives to rethink the meaning of copyright and makes suggestions for its future within the global landscape of intellectual property law. Drawing on the experience of Thailand as a case study, a country with a unique yet marginal position in discussions on colonialism, the book offers valuable insights for the international field of copyright law. Thai copyright law emerged in an era when the threat of European colonial powers inspired local ruling elites to embark on a quest for modernisation and establish a modern absolutist state. One can observe similar dynamics in the recent promotion of Thailand’s Creative Economy. Contrary to these top-down developments, the book argues for greater attention to attitudes and practices on the ground. Taking an interdisciplinary approach informed by film studies, area studies, decolonial studies, and legal sociology, the book makes a case to redefine copyright as a community resource. The book will be of interest to researchers in the field of copyright law, postcolonial and decolonial studies, and sociolegal studies.



Publishers Rights And Copyright Law


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.



Copyright And Fundamental Rights In The Digital Age


Copyright And Fundamental Rights In The Digital Age
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Author : Oreste Pollicino
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-10-30

Copyright And Fundamental Rights In The Digital Age written by Oreste Pollicino 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 2020-10-30 with Law categories.


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.



Research Handbook On Intellectual Property And Artificial Intelligence


Research Handbook On Intellectual Property And Artificial Intelligence
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Author : Ryan Abbott
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-12-13

Research Handbook On Intellectual Property And Artificial Intelligence written by Ryan Abbott 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 2022-12-13 with Law categories.


This incisive Handbook offers novel theoretical and doctrinal insights alongside practical guidance on some of the most challenging issues in the field of artificial intelligence and intellectual property. Featuring all original contributions from a diverse group of international thought leaders, including top academics, judges, regulators and eminent practitioners, it offers timely perspectives and research on the relationship of AI to copyright, trademark, design, patent and trade secret law.



The Copyright Trademark Interface


The Copyright Trademark Interface
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Author : Martin Senftleben
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-12-10

The Copyright Trademark Interface written by Martin Senftleben 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 2020-12-10 with Law categories.


The Copyright/Trademark Interface How the Expansion of Trademark Protection Is Stifling Cultural Creativity Martin Senftleben The registration of cultural icons as trademarks has become a standard protection strategy in the field of contemporary cultural productions and plays an ever-increasing role in the area of cultural heritage. Attempts to register and ‘evergreen’ the protection of cultural signs, ranging from ‘Mickey Mouse’ to the ‘Mona Lisa’, are no longer unusual. This phenomenon – characterized by the EFTA Court as trademark registrations motivated by ‘commercial greed’ – has become typical of an era where trademark law is employed strategically to withhold or remove cultural symbols from the public domain. In an extraordinary analysis of the clash between culture and commerce, and imbalances caused by protection overlaps arising from cumulative copyright and trademark protection, this book draws attention to the corrosive effect of indefinitely renewable trademark rights and underscores the necessity to safeguard central preconditions for the proper functioning of the copyright system in society at large: the freedom to use pre-existing works as reference points for the artistic discourse and building blocks for new creations, and the need to ensure the constant enrichment of the public domain. Emphasizing how overlapping copyright and trademark protection endangers the proper functioning of intellectual property rights in the literary and artistic domain, the author examines whether the intellectual property system is capable of mitigating the risks arising from cumulative protection. Such issues and topics as the following are treated in depth: the different configuration of intellectual property rights in accordance with different policy objectives and societal functions, in particular the cultural imperative in copyright law and the market transparency imperative in trademark law; problems arising from the registration of cultural icons for use on souvenir and merchandising articles; lack of sufficient safeguards in trademark law against cultural heritage branding; current scope of trademark rights, including the protection of brand value and communication functions, and the deterrent effect of trademark protection on cultural creativity; possibility of a categorical exclusion of contemporary cultural icons and cultural heritage material from trademark protection; development of a strict gatekeeper requirement of ‘use as a mark’ to prevent unjustified trademark infringement claims; development of robust, culturally based defences against trademark infringement claims; and general guidelines for the regulation of protection overlaps in intellectual property law, based on insights derived from the analysis of copyright/trademark overlaps. Drawing on aesthetic, sociological and economic theories that support initiatives to safeguard the autonomy of the literary and artistic domain and support remix activities of artists, the author suggests sound criteria for identifying signs with cultural significance that should be excluded from trademark registration. The book shows how intellectual property law can make rights cumulation strategies less attractive and avoid the loss of inner consistency and social legitimacy, easing the tension between indefinitely renewable trademark rights and the need to preserve and cultivate the public domain of cultural expressions and other intellectual creations that enjoy protection for a limited period of time, such as industrial designs and technical know-how. Its assessment criteria will assist and enable trademark examiners and judges to identify relevant cultural signs, and its proposals for regulatory responses to protection overlaps in intellectual property law will prove of great and lasting value to lawyers, policymakers, and scholars dealing with intellectual property law.