The Originality Standard Of Photographic Works In Eu Copyright Law
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The Originality Standard Of Photographic Works In Eu Copyright Law
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Author : Marián Jankovič
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2025-01-24
The Originality Standard Of Photographic Works In Eu Copyright Law written by Marián Jankovič 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 2025-01-24 with Law categories.
Originality Standard of Photographic Works in EU Copyright Law By Marián Jankovic (Marian Jankovic) The omnipresence of photographic products in almost everyone’s lives is considered natural, almost unavoidable. If one makes the connection of the said omnipresence with the constant development of new technologies, the increase of interactions with possible legal consequences involving photographic products, as a potential subject-matter appropriable by copyright, might be expected to be inevitable. Such outlined situation brings the necessity to sufficiently legally define and clarify under which circumstances, in other words upon the fulfilment of what conditions and criteria, can a photographic product be considered the subject-matter of copyright. This shall be done in order to assure the legal certainty of both, the photographers, as well as the potential users of their photographic products. The medium of photography, especially its production process necessitating involvement of technological equipment, is not as easily graspable and comprehensible as other traditional works of art. This ambiguity has been also carried over into the legal area, which resulted in various differentiating treatments of photographic products within the national copyright frameworks of Member States of the European Union. Chosen for the highlighting of the already mentioned various differentiating treatments and their particularities, copyright frameworks of Germany, France, Czech and Slovak republics have been chosen as basis for the conducted research. The European Union has tried to remedy the outlined state of affairs by way of the so-called harmonisation. As part of its first phase, a legislative framework in a form of Directives has been created. Within the said framework, a condition for appropriability of photographic products by copyright has been formulated – the so-called originality standard of author’s own intellectual creation. As part of its second phase, the said originality standard, formulated via the previously created legislative framework, has been applied in practice and enhanced by the Court of Justice of the European Union with the addition of a personal touch. As a result of both phases combined, a solely applicable requirement for appropriation of photographic products by copyright within the copyright framework of the European Union has been formulated. The figurative trigger for the initiation of the said second phase, a legal dispute revolving around the use of an official portrait photographic product depicting a pupil, without the photographer’s consent, has been chosen by the Court of Justice of the European Union. Whether the outlined state of affairs consisting of various national differentiating treatments of photographic products has been remedied indeed will be demonstrated on the assessment of the current position of photographic products after the completion of both harmonisation phases within the four selected national copyright frameworks. In particular, the applicability of the harmonised originality standard as well as the applicability of the said national particularities will be assessed.
Copyright Law In Photographic Works
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Author : Faisal Alamri
language : en
Publisher: Taylor & Francis
Release Date : 2025-07-25
Copyright Law In Photographic Works written by Faisal Alamri and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-07-25 with Law categories.
This book presents an original theory of copyright authorship tailored for photographic works, grounded in the concepts of categorical intention, channelled selection, and causation. By addressing the unique dual nature of photography, where mechanical processes intersect with creative choices, it offers a fresh perspective on a longstanding legal challenge. Through a critical examination of select case law with a focus on Anglo-American law, the book highlights the complexities and inconsistencies in the current copyright protection for photographs due to their dual nature, which exhibits both mechanical and creative characteristics. It argues for moving beyond the conventional one-size-fits-all approach for copyright concepts in favour of adopting a tailored, contextual approach that acknowledges the nature and characteristics of the category of work in question. The book also alludes to emerging technologies such as artificial intelligence and machine learning models, considering their implications for copyright and creative expression. It also discusses how the history of copyright protection of photographic works may illuminate the path towards dealing with conflicts between copyright and perceived mechanical mediums of creative expression. This book will be of interest to researchers in copyright law and intellectual property law, especially those engaged with the legal treatment of mechanically produced creative works. It offers valuable insights into the evolving relationship between law, technology, and authorship in the digital age.
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.
Originality In Eu Copyright
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Author : Eleonora Rosati
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013-10-31
Originality In Eu Copyright written by Eleonora Rosati 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 2013-10-31 with Law categories.
Through an assessment of the originality requirement, this work guides the reader in interpreting judicial decisions which are of fundamental importance to current and future understanding of EU copyright. The book�s holistic approach and methodology t
Law Of Raw Data
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Author : Jan Bernd Nordemann
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-08-23
Law Of Raw Data written by Jan Bernd Nordemann 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 2021-08-23 with Law categories.
Data, in its raw or unstructured form, has become an important and valuable economic asset, lending it the sobriquet of ‘the oil of the twenty-first century’. Clearly, as intellectual property, raw data must be legally defined if not somehow protected to ensure that its access and re-use can be subject to legal relations. As legislators struggle to develop a settled legal regime in this complex area, this indispensable handbook will offer a careful and dedicated analysis of the legal instruments and remedies, both existing and potential, that provide such protection across a wide variety of national legal systems. Produced under the auspices of the International Association for the Protection of International Property (AIPPI), more than forty of the association’s specialists from twenty-three countries worldwide contribute national chapters on the relevant law in their respective jurisdictions. The contributions thoroughly explain how each country approaches such crucial matters as the following: if there is any intellectual property right available to protect raw data; the nature of such intellectual property rights that exist in unstructured data; contracts on data and which legal boundaries stand in the way of contract drafting; liability for data products or services; and questions of international private law and cross-border portability. Each country’s rules concerning specific forms of data – such as data embedded in household appliances and consumer goods, criminal offence data, data relating to human genetics, tax and bank secrecy, medical records, and clinical trial data – are described, drawing on legislation, regulation, and case law. A matchless legal resource on one of the most important raw materials of the twenty-first century, this book provides corporate counsel, practitioners and policymakers working in the field of intellectual property rights, and concerned academics with both a broad-based global overview on emerging legal strategies in the protection of unstructured data and the latest information on existing legislation and regulation in the area.
Concise European Copyright Law
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Author : Thomas Dreier
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-01-27
Concise European Copyright Law written by Thomas Dreier 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 2016-01-27 with Law categories.
Concise European Copyright Law aims to offer the reader a rapid understanding of all the provisions of copyright law in force in Europe that have been enacted at the European and international levels. This volume takes the form of an article-by-article commentary on the relevant European directives and international treaties in the field of copyright and neighbouring rights. It is intended to provide the reader with a short and straightforward explanation of the principles of law to be drawn from each provision. Editors and authors are prominent specialists (academics and practitioners) in the field of international and European copyright law. Concise European Copyright Law is part of 'Concise IP', a series of five volumes of commentary on European intellectual property legislation. The five volumes cover: Patents and related matters, Trademarks and designs, Copyrights and neighbouring rights, IT and a general volume including jurisdictional issues.
Re Structuring Copyright
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Author : Daniel J. Gervais
language : en
Publisher:
Release Date : 2017
Re Structuring Copyright written by Daniel J. Gervais 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.
In this bold and persuasive work Daniel Gervais, one of the world's leading thinkers on the subject of intellectual property, argues that the international copyright system is in need of a root and branch rethink. As the Internet alters the world in which copyright operates beyond all recognition, a world increasingly defined by the might of online intermediaries and spawning a generation who are simultaneously authors, users and re-users of creative works, the structure of copyright in its current form is inadequate and unfit for purpose. This ambitious and far-reaching book sets out to diagnose in some detail the problems faced by copyright, before eloquently mapping out a path for comprehensive and structured reform. It contributes a reasoned and novel voice to a debate that is all too often driven by ignorance and partisan self-interest.
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.
A Research Agenda For Eu Copyright Law
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Author : Enrico Bonadio
language : en
Publisher: Edward Elgar Publishing
Release Date : 2025-03-12
A Research Agenda For Eu Copyright Law written by Enrico Bonadio 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 2025-03-12 with Law categories.
This Research Agenda provides fresh insights into fundamental issues within EU copyright law. Expert authors highlight recent trends in the scholarship and discuss the challenges posed by novel technologies such as AI and NFTs. They expand on the need to update the law to adapt to change and present innovative analyses of various strategies to influence EU copyright policies.
Artificial Intelligence And Intellectual Property
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Author : Jyh-An Lee
language : en
Publisher: Oxford University Press
Release Date : 2021-02-25
Artificial Intelligence And Intellectual Property written by Jyh-An Lee 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 2021-02-25 with Law categories.
Artificial Intelligence (AI) has become omnipresent in today's business environment: from chatbots to healthcare services to various ways of creating useful information. While AI has been increasingly used to optimize various creative and innovative processes, the integration of AI into products, services, and other operational procedures raises significant concerns across virtually all areas of intellectual property (IP) law. While AI has drawn extensive attention from IP experts globally, this is the first book providing a broad and comprehensive picture from the perspectives of the very nature of AI technology, its commercial implications, its interaction with different kinds of IP, IP administration, software and data, its social and economic impact on the innovation policy, and ultimately AI's eligibility as a legal entity.