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International Fragmentation Of Copyright Duration


International Fragmentation Of Copyright Duration
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International Fragmentation Of Copyright Duration


International Fragmentation Of Copyright Duration
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Author : Severine Dusollier
language : en
Publisher:
Release Date : 2020

International Fragmentation Of Copyright Duration written by Severine Dusollier and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with categories.


The duration of rights in literary and artistic creation, and the key principle of a limited duration, is one of the less contested or discussed principles of international copyright law. The term of copyright is only minimally addressed by international treaties. The Berne Convention imposes a minimum duration of 50 years after the death of the author but leaves the determination of the term to national States.A more complex picture lurks behind the set of apparently simple rules that could be found at the international level (a limited duration, a minimum of 50 years after the death of the author, and the determination of the duration according to the rule of protection) and hides rather well the failure of international copyright legislation to fix a uniform term of protection throughout the world. As a result, the determination of the end of copyright in a specific work and the consistence of public domain that is constituted by expiration of protection is almost impossible to decide with certainty or stability.This paper aims at exposing this complexity and some its conundrums. It starts by describing how the determination of copyright duration in a work is oscillating between the minimum rules laid down by the Berne Convention and the national copyright laws. A second part explores other reasons for even more fragmentation, by looking at some oddities specific to certain national regimes. A third part addresses the variability of the copyright duration resulting from repeated term extensions and transitory provisions.



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.



Fragmentation Vs The Constitutionalisation Of International Law


Fragmentation Vs The Constitutionalisation Of International Law
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Author : Andrzej Jakubowski
language : en
Publisher: Routledge
Release Date : 2016-07-01

Fragmentation Vs The Constitutionalisation Of International Law written by Andrzej Jakubowski and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-01 with Law categories.


The current system of international law is experiencing profound transformations. Indeed, the simultaneous processes of globalization combined with the disintegration of international systems of governance and law-making pose complex challenges for legal scholarship. The doctrinal response to these challenges has been theorized within two seemingly contradictory discourses in international law: fragmentation and constitutionalisation. This book takes an innovative approach to international law, viewing the processes of the fragmentation and constitutionalisation as being profoundly interconnected and reflective of each other. It brings together a select group of contributors, including both established and emerging scholars and practitioners, in order to explore the ways in which the problems of fragmentation and constitutionalisation are viscerally linked one to the other and thus mutually conditioning and stimulating. The book considers the theory and practice of international law looking at the two phenomena in relation to the various fields of international law such as international criminal law, cultural heritage law and international environmental law.



Fragmentation In International Human Rights Law


Fragmentation In International Human Rights Law
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Author : Marjan Ajevski
language : en
Publisher: Routledge
Release Date : 2017-07-14

Fragmentation In International Human Rights Law written by Marjan Ajevski and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-14 with Law categories.


This book explores the effects of institutional fragmentation in international human rights law, by comparing the rights jurisprudence of three human rights courts and bodies, namely the European Court for Human Rights, the Inter-American Court for Human Rights and the Human Rights Committee. Contributions cover the areas of freedom of expression (journalism and the media), right to privacy, freedom of assembly and freedom of association (political parties), and measure the extent of fragmentation of human rights protection. Moreover, the volume argues that, while the conflict of laws approach, favoured by the International Law Commission, might work in avoiding outright conflict in obligation, in practice it is not an approach that presents a viable research agenda when it comes to understanding the causes and consequences of institutional fragmentation. This is especially evident in areas like international human rights, where the possibility of a silent drift between the jurisprudence of the three courts is a real possibility. This book was originally published as a special issue of the Nordic Journal of Human Rights.



International Copyright Law And Access To Education In Developing Countries


International Copyright Law And Access To Education In Developing Countries
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Author : Susan Isiko Štrba
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012-08-22

International Copyright Law And Access To Education In Developing Countries written by Susan Isiko Štrba and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-22 with Law categories.


In International Copyright Law and Access to Education in Developing Countries: Exploring Multilateral Legal and Quasi-Legal Solutions, Susan Isiko Štrba demonstrates the challenge of access to printed copyrighted educational and research materials in developing countries and proposes institutional and normative solutions at national and international levels.



International Fragmentation Of Production And The Intrafirm Trade Of U S Multinational Companies Scholar S Choice Edition


International Fragmentation Of Production And The Intrafirm Trade Of U S Multinational Companies Scholar S Choice Edition
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Author : Maria Borga
language : en
Publisher: Scholar's Choice
Release Date : 2015-02-16

International Fragmentation Of Production And The Intrafirm Trade Of U S Multinational Companies Scholar S Choice Edition written by Maria Borga and has been published by Scholar's Choice this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-16 with categories.


This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.



The Origin Of Copyright


The Origin Of Copyright
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Author : Wenwei Guan
language : en
Publisher: Routledge
Release Date : 2021-07-20

The Origin Of Copyright written by Wenwei Guan and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-20 with Law categories.


Contemporary copyright was born in a heroic era of human history when technologies facilitated idea dissemination through the book trade reaching out mass readership. This book provides insights on the copyright evolution and how proprietary individual expression’s copyright protection forms an integral part of our knowing in being, driven by the advances of technology through the proliferating trading frameworks. The book captures what is central in the process of copyright evolution which is an "onto-epistemological offset". It goes on to explain that copyright’s protection of knowing in originality’s delineation of expression and fair use/dealing’s legitimization of unauthorized use and being are not isolatable, but rather mutually implicated. While the classic strict determinism has been subject to an onto-epistemological challenge, the book looks at the proliferation of global trade and advent of information technology and how they show us the beauty and possibility of intra-dependence between copyright authorship, entrepreneurship, and readership, which calls for a fresh copyright onto-epistemology. Building on its onto-epistemological critiques on the stakeholder, force, and mechanism of copyright evolution, the book helps readers understand why, not only copyright, but also law in general, and justice too, need to be onto-epistemologically balanced, as this is categorically imperative for being, the fundamental law of nature.



Copyright In A Global Information Society The Scope Of Copyright Protection Under International U S U K And French Law


Copyright In A Global Information Society The Scope Of Copyright Protection Under International U S U K And French Law
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Author : Makeen Makeen
language : en
Publisher: Springer
Release Date : 2000

Copyright In A Global Information Society The Scope Of Copyright Protection Under International U S U K And French Law written by Makeen Makeen and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Law categories.


Copyright is of considerable importance in today's global information society, and the rapid pace of technological developments has posed a significant challenge for copyright policymakers and legislators. The problems international, regional and national bodies are currently grappling with include: identifying and defining the range of rights to cover all the important economic methods of exploiting copyright works; enforcing these rights at a time when all such works have become capable of being digitized, transmitted instantaneously and, with or without authority, reproduced flawlessly and at minimal cost. Copyright in a Global Information Society examines the scope of authors' rights in relation to the exploitation of their works by broadcasting, whether terrestrial or by satellite, cabling or over computer networks, in three important jurisdictions and under relevant international conventions. The analysis traces the gradual expansion of the various exclusive rights granted by copyright law in response to technological developments and puts them in their modern context, focusing on the overarching right of public performance or communication. The author argues that the advent of modern technologies, which recognize no national boundaries, necessitate the adoption of an internationally harmonized concept of 'communication to the public' as the primary right applicable to the dissemination of copyright works in non-material form. This work is a valuable contribution to the study and understanding of copyright law and will be of great interest to academic and practising lawyers, and to those involved in shaping modern copyright policy.



Fragmentation And The European Patent System


Fragmentation And The European Patent System
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Author : Karen Walsh
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-08-11

Fragmentation And The European Patent System written by Karen Walsh and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-11 with Law categories.


This book provides an in-depth study on current perceptions of, and responses to, fragmentation in the European patent system (EPS). For decades, attempts have been made to address this fragmentation by introducing a unitary patent system. The most recent attempt, the EU unitary patent system, will be the first of its kind. It is expected to significantly change the EPS. However, rather than reducing existing fragmentation, it will likely add to it. Based on an analysis of the current and forthcoming system, the book argues that the inherent nature of fragmentation within the EPS needs to be recognised and suggests that a multifaceted approach is required to respond to it. Uniquely, it draws on work regarding fragmentation outside of the patent and intellectual property regimes, gaining insights from both European law-making and the international legal system. These insights are used to investigate current responses to fragmentation in the EPS. Interpretations of substantive patent law are examined, including claim construction (Actavis v Eli Lily), exceptions to patentability related to uses of human embryos for industrial or commercial purposes (WARF, Brüstle, ISCC), and products resulting from essentially biological processes (Broccoli and Tomatoes II, G3/19). Attempts towards convergence in these areas have had mixed results and in some instances fragmentation may be necessary. However, similar techniques to those applied in the international legal system to respond to fragmentation are being used in the EPS, and, where this is seen, it has been to good effect. It is argued that these methods should be recognised, structured, and promoted to make our response to fragmentation more effective. Fragmentation and the European Patent System will be of interest to academics, students and practitioners looking for a new perspective on the EPS.



Eu Copyright Law


Eu Copyright Law
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Author : Irini Stamatoudi
language : en
Publisher: Edward Elgar Publishing
Release Date : 2014-05-30

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 2014-05-30 with Law categories.


EU Copyright Law is a seminal commentary work from a team of leading experts in the field combining aspects of theory and practice and placing copyright in perspective. It will be an indispensable reference tool for academics, researchers, practitioner