Global Mandatory Fair Use
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Global Mandatory Fair Use
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Author : Tanya Aplin
language : en
Publisher: Cambridge University Press
Release Date : 2020-11-05
Global Mandatory Fair Use written by Tanya Aplin 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 2020-11-05 with Law categories.
Examining a neglected aspect of international copyright law, this book highlights the obligation on nations to maintain broad copyright exceptions.
Global Mandatory Fair Use The Nature And Scope Of The Right To Quote Copyright Works
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Author : Tanya Aplin
language : en
Publisher:
Release Date : 2021
Global Mandatory Fair Use The Nature And Scope Of The Right To Quote Copyright Works written by Tanya Aplin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Intellectual property categories.
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.
Is Intellectual Property Pluralism Functional
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Author : Susy Frankel
language : en
Publisher: Edward Elgar Publishing
Release Date : 2019
Is Intellectual Property Pluralism Functional written by Susy Frankel 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 2019 with Intellectual property categories.
The international intellectual property (IP) law system allows states to develop policies that reflect their national interests. Therefore, although there is an international minimum standards framework in place, states have widely varying IP laws and differing interpretations of these laws. This book examines whether pluralism in IP law is functional when applied to copyright, patents and trademarks on an international basis.
Fairness Morality And Ordre Public In Intellectual Property
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Author : Daniel J.Gervais
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-04-24
Fairness Morality And Ordre Public In Intellectual Property written by Daniel J.Gervais 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 2020-04-24 with Law categories.
This incisive book explores the ways in which the major notions of fairness, morality and ordre public can be used both to justify and to limit intellectual property rights. Written by an international team of experts in the field, it provides varied and sometimes divergent perspectives on how these notions are applied to different rights and in different contexts.
Copyright And The Court Of Justice Of The European Union
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Author : Eleonora Rosati
language : en
Publisher: Oxford University Press
Release Date : 2023-10-06
Copyright And The Court Of Justice Of The European Union written by Eleonora Rosati 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 2023-10-06 with Law categories.
First released in early 2019, Copyright and the Court of Justice of the European Union remains the only book exclusively devoted to the case law of the Court of Justice of the European Union (CJEU) in the EU copyright field. Fully updated for the new edition, the book explains the Court's role and action in the field of EU copyright law and provides readers with a sense of the direction of the Court's jurisprudence through an exercise of 'tidying up' and rationalizing the rulings issued so far. In his foreword to the first edition, First Advocate General Maciej Szpunar praised the book's 'profound analysis' of the EU copyright protection and CJEU decisions, which in his view, 'unveiled new information, perhaps never considered, even by members of the Court'. The new edition captures all the significant developments in EU copyright law that have occurred since 2019. Aside from macro-events such as the UK's now completed departure from the EU and the adoption of the Digital Single Market Directive (2019/790), seminal judgments have been issued by the CJEU which touch upon all the main foundational aspects of EU copyright. This book is structured in three parts. The first part is about the role of the CJEU as an EU institution. Following a discussion of the impact of CJEU interpretation of EU copyright provisions (notably their pre-emptive effect on individual EU Member States' freedom), the second part is concerned with CJEU action and vision in respect of four key areas of copyright and related rights: the requirements for protection, construction of exclusive rights, exceptions and limitations, and enforcement. The final part focuses on the legacy of CJEU case law broadly intended, having regard to both individual countries' copyright laws (specifically: the UK) and recent EU copyright reform discourse, notably in the context of the DSM Directive. Timely and engaging, Copyright and the Court of Justice of the European Union provides novel insights into the activity of the CJEU in the copyright field and reflects on the resulting implications for the present and future of EU copyright.
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.
The Evolution And Equilibrium Of Copyright In The Digital Age
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Author : Susy Frankel
language : en
Publisher: Cambridge University Press
Release Date : 2014-08-21
The Evolution And Equilibrium Of Copyright In The Digital Age written by Susy Frankel 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 2014-08-21 with Law categories.
Examines how copyright can evolve without compromising the interests of authors, users and those who connect them.
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.
Intellectual And Cultural Property
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Author : Fiona Macmillan
language : en
Publisher: Routledge
Release Date : 2020-11-12
Intellectual And Cultural Property written by Fiona Macmillan and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-12 with Art categories.
This book focuses on the fraught relationship between cultural heritage and intellectual property, in their common concern with the creative arts. The competing discourses in international legal instruments around copyright and intangible cultural heritage are the most obvious manifestation of this troubled encounter. However, this characterization of the relationship between intellectual and cultural property is in itself problematic, not least because it reflects a fossilized concept of heritage, divided between things that are fixed and moveable, tangible and intangible. Instead the book maintains that heritage should be conceived as part of a dynamic and mutually constitutive process of community formation. It argues, therefore, for a critically important distinction between the fundamentally different concepts of not only intellectual and cultural heritage/property, but also of the market and the community. For while copyright as a private property right locates all relationships in the context of the market, the context of cultural heritage relationships is the community, of which the market forms a part but does not – and, indeed, should not – control the whole. The concept of cultural property/heritage, then, is a way of resisting the reduction of everything to its value in the market, a way of resisting the commodification, and creeping propertization, of everything. And, as such, the book proposes an alternative basis for expressing and controlling value according to the norms and identity of a community, and not according to the market value of private property rights. An important and original intervention, this book will appeal to academics and practitioners in both intellectual property and the arts, as well as legal and cultural theorists with interests in this area.