Information Law Series Volume 40
Copyright in the Age of Online Access examines pragmatic legal solutions that enable Internet users to access works in the digital environment by exploring the flexibilities in EU copyright law in search of a consistent regulation of non-commercial online use. In addition to proving virtually impossible, online enforcement of copyright may be undesirable because it risks encroaching upon fundamental rights and freedoms. However, the problem remains that creators are often not fairly remunerated for the online use of their works. This book addresses the need for legalisation schemes that favour remunerated access over exclusivity and enforcement for large-scale online use by individuals, while assuring remuneration to rights holders and promoting the development of the information society.
What’s in this book:
This study investigates whether and to what extent these legal schemes (referred to as alternative compensation systems) are admissible under EU copyright law and consistent with its objectives, responding to such questions as the following in depth:
- What existing copyright schemes provide an alternative to the exclusive right in copyright law?
- What online rights apply to the activities of Internet users?
- What types of models exist for the legalisation of online use of copyright works?
- How can the public interest shape the scope of protection of copyright?
- Can and should we legalise non-commercial file sharing and online use in EU copyright law?
This book carefully analyses these questions in light of EU primary law, relevant directives (with a focus on the InfoSoc Directive), case law (especially that of the CJEU) and legal literature in the field of copyright. The analysis culminates with a proposed blueprint for a compensated limitation for non-commercial individual use that is consistent with EU copyright law.
How this will help you:
Through historic and normative examination of access and remuneration models for mass use of copyright works, this book helps practitioners navigate the maze of rules that govern the online use of copyright works in EU law and gain awareness of legal alternatives to the exclusive rights. As a thoroughly researched and balanced response to the urgent need to rethink EU copyright law in light of its lack of social acceptance and technological adequacy, this book is of inestimable value to lawyers, policymakers and scholars in the field, as well as to interest groups involved in discussions for reform and modernisation of EU digital copyright law.
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Figures and Tables
Note to the Readers
Chapter 1 Introduction: Challenges for Copyright in the Online Environment
Chapter 2 Copyright Rewind: Precedents for Compensation Systems
Chapter 3 Alternative Compensation Systems: Taxonomy of Legalisation Proposals
Chapter 4 Between Rights and Limitations: Mapping the Space for the Legalisation of the Online Use of Copyright Works
Chapter 5 Copyright Reform: Admissibility of Legalisation under the Three-Step Test and the Objectives of EU Copyright Law
Chapter 6 Summary and Conclusions: Towards Access and Remuneration
Primary Sources: Legal Texts
Table of Cases