New Developments in EU and International Copyright Law


Book Description

More than a source of income and a means of protection for creators, rightholders, and the creative and entertainment industries, copyright is also a vehicle for technological advances and economic development. In the European Union, industries with intensive emphasis on intellectual property rights (mainly copyright) generate more than a quarter of employment and more than a third of economic activity. Yet copyright continues to be plagued by problematic attempts to balance the interests of rightholders, the public, consumers, intermediaries, collecting societies, different national legal traditions, and other forces, European and global. This book draws a comprehensive picture of current, pending, and proposed copyright developments – legislation, ‘communications,’ white papers, and court decisions – at the levels of the European Union and the World Intellectual Property Organization. Twenty-two well-known and prestigious experts on intellectual property law from seventeen jurisdictions worldwide contribute essays on particular trends in copyright, including discussions of the following and more: - making content available in an EU digital single market; - collective management and multi-territorial licensing; - exceptions for libraries and archives, education and research; - traditional knowledge and cultural expressions; - unjustified geoblocking; - illegal content on the Internet; - text and data mining; - copyright enforcement online; and - role of the European Court of Justice. Policy recommendations are also set forth, as well as a detailed conceptual framework for a potential EU Copyright Code. As a detailed and thoughtful overview of current trends in copyright internationally, this book has no peers. It is sure to be welcomed by practitioners, policymakers, academics, researchers, and business leaders for whom intellectual property rights, and especially copyright, are of the first importance.




Research Handbook on Copyright Law


Book Description

This second edition is a timely presentation of the state-of-the-art in copyright research. Copyright law is currently at the centre of many debates and the subject of substantive new developments. The new edition of the Research Handbook captures these fast moving developments and goes far beyond a mere update of the chapters. All of the topical chapters are completely new and the authors have been chosen for their expertise and excellence in the areas concerned. Research Handbook on Copyright Law offers global coverage, both in terms of substance and in terms of author expertise, and maps both the present and future of the discipline. It will prove an invaluable research tool for all those involved in copyright research who wish to keep up with the pace at which this area of law is evolving.




Recueil Des Cour/Collected Courses


Book Description

The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the Collected Courses of the Hague Acadamy of International Law. This volume contains: - Vérification en matière de désarmament, par S. SUR, professeur à l'Université de Panthéon-Assas (Paris II); - The Role of the Organization of American States in the Promotion and Protection of Democratic Governance by H. CAMINOS, Judge at the International Tribunal for the Law of the Sea, Hamburg; - The Private International Law of Copyright in an Era of Technological Change by J.C. GINSBURG, Professor at Columbia University in the City of New York.




Intellectual Property Law in France


Book Description

Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning intellectual property rights in France. It covers every type of intellectual property right in depth – copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in France will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.




Copyright and Fundamental Rights in the Digital Age


Book Description

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.




Moral Rights


Book Description

The doctrine of moral rights is based on the idea that authors have a special bond with their own creative work. At present, the legal status of moral rights demands clarification and assessment as never before, particularly as the international expansion of moral rights occurs in the new environment of digital technology. Just as the survival of copyright law depends on its capacity to adapt effectively to the new technological environment, a new approach to moral rights is imperative. Moral Rights: Principles, Practice and New Technology is the first work to comprehensively address the role and challenges of moral rights in an environment of digital technology The problem is addressed from both practical and theoretical channels, and examples drawn from the legislation and practice of key jurisdictions around the world. The book concludes with a consideration of how the concept of moral rights can contribute to the re-organization of copyright law in a digital context.




Overlapping Intellectual Property Rights


Book Description

Providing a comprehensive and systematic commentary on the nature of overlapping Intellectual Property rights and their place in practice, this book is a major contribution to the way that IP is understood. IP rights are mostly studied in isolation, yet in practice each of the legal categories created to protect IP rights will usually only provide partial legal coverage of the broader context in which such rights are actually created, used, and enforced. Consequently, often multiple IP rights may overlap, in whole or in part, with respect to the same underlying subject matter. Some patterns, for instance, in addition to being protected from copying under the design rights regime, may also be distinctive enough to warrant trade mark protection. Each chapter addresses a discrete pair of IP rights and is written by a specialist in that area. Facilitating an understanding of how and when those rights may be encountered in practice, each chapter is introduced by a hypothetical situation setting out the overlap discussed in the chapter. The conceptual and practical issues arising from this situation are then discussed, providing practitioners with a full understanding of the overlap. Also included is a valuable summary table setting out the legal position for each set of overlapping rights in jurisdictions across Europe, Central and South America, and Asia, and the differences between them.




Copyright and Multimedia Products


Book Description

Multimedia products have experienced tremendous market success. Yet too often they are given inadequate protection under existing national and international copyright schemes. Irini Stamatoudi provides a comprehensive, comparative treatment of multimedia works and copyright protection in this clear and concise volume. A detailed introduction outlines the nature of the multimedia work, as well as the scope of existing legislation; separate chapters consider collections and compilations, databases, audiovisual works and computer programs (video games are here treated as a 'test case'). Stamatoudi then analyses issues of qualification, regime of protection, and offers a model for a European legislative solution. Copyright and Multimedia Products will interest academics and students, as well as practitioners and copyright policy makers.




"Some Big Bourgeois Brothel"


Book Description

Examines Franco-American cinema relations, and France's periodic attempts to curb Hollywood's access to the French market. The text's major focus is the French influence - and American reaction to - the European Union's "Television Without Frontiers" directive and the 1993 GATT talks in Uruguay.