New Developments in EU and International Copyright Law
Information Law Series Volume 35
New Developments in EU and International Copyright Law draws a comprehensive picture of current, pending, and proposed copyright developments – legislation, ‘communications’, white papers and court decisions – at both European Union and the World Intellectual Property Organization levels. 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. Throughout 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. Although it has met certain challenges – some of those involving new technologies – copyright ‘stretching’ may have reached its limit. This book thus offers a multi-faceted approach to comprehend the ongoing developments in copyright, taking into account politics, policies, the law and what is attainable in the given circumstances.
What’s in this book
This book provides an informed insight by experts who have been involved in varying roles in either the teaching of, or shaping copyright law throughout the EU or worldwide. This book discusses the following:
- 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.
These topics analysed form the cutting edge of developments in copyright law in the EU and WIPO which, in turn, also constitutes the ‘bigger’ picture of copyright in the EU and WIPO.
Twenty-two well-known and prestigious experts on intellectual property law from seventeen jurisdictions worldwide, have contributed essays on particular trends in copyright. Policy recommendations, as well as a detailed conceptual framework for a potential EU Copyright Code are set forth.
How this will help you
New Developments in EU and International Copyright Law enables the reader to gain an overview of what is to expect in terms of EU harmonisation and current and future work in WIPO. 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, and business leaders for whom intellectual property rights and especially copyright, are of the first importance.
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Editor and Contributors
Part I Copyright: From an International Perspective
Chapter 1 Exceptions for Libraries and Archives
Alison Firth & Beverley Pereira
Chapter 2 Exceptions for Education and Research
Chapter 3 The Draft Broadcasters’ Treaty: Latecomers to International Protection – Or Perhaps None at All
Chapter 4 Traditional Knowledge and Cultural Expressions: Discussions and Developments in WIPO
Chapter 5 The Marrakesh Treaty
Silke von Lewinski
Chapter 6 The Beijing Treaty on Audiovisual Performances
Part II Copyright: From A European Union Perspective
An Introduction – The EU Copyright Agenda
Chapter 7 Orphan Works, Out-of-Commerce Works and Making the European Cultural Heritage Available: ‘Are We Nearly There Yet’?
Marie-Christine Janssens & Rán Tryggvadóttir
Chapter 8 Collective Management and Multi-territorial Licensing: Key Issues of the Transposition of Directive 2014/26/EU
Chapter 9 Text and Data Mining
Irini A. Stamatoudi
Chapter 10 Limitations and Exceptions to Copyright in the Digital Age. Four Cornerstones for a Future-Proof Legal Framework in the EU
Reto M.Hilty & Kaya Köklü
Chapter 11 Private Copy Levies
Chapter 12 How Much Communication to the Public Is ‘Communication to the Public’?
Chapter 13 Digital Exhaustion of Copyright in the EU or Shall We Cease Being so Schizophrenic?
Valérie Laure Benabou
Chapter 14 Private International Law Issues on the Internet
Paul L.C Torremans
Chapter 15 The Future of Copyright Enforcement Online: Intermediaries Caught between Formal and Informal Governance in the EU
Chapter 16 Flexible Copyright: Can EU Author’s Right Accommodate Fair Use?
P. Bernt Hugenholtz
Chapter 17 The Role of the Court of Justice of the European Union: Harmonizing, Creating and sometimes Disrupting Copyright Law in the European Union
Chapter 18 Towards an EU Copyright Code? A Conceptual Framework
Table of Cases