About this book:
Pluralism or Universalism in International Copyright Law deals with the contemporary evolutions of copyright law under a comparative and international copyright law perspective. In a world where powerful intermediaries such as 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.
What’s in this book:
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.
How this will help you:
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 to be of immeasurable value to lawyers, judges, policymakers, academics and researchers working in the field of copyright law.
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List of Abbreviations
Tatiana Eleni Synodinou
Regional Copyright Law Harmonization
EU, BC, WCT: The Compatibility of EU Copyright Law with the International Acquis in the Berne Convention, TRIPS and WCT
Antoon A. Quaedvlieg
The Creeping Unification of Copyright in Europe
P. Bernt Hugenholtz
Globalization of Collective Rights Management and the Role of National CMOs
US (Non)Compliance with Its International Copyright Obligations under Berne, TRIPS and the 1996 WIPO Copyright Treaties
Jane C. Ginsburg
Is the US Fair Use Doctrine Compatible with Berne and TRIPS Obligations?
Pamela Samuelson & Kathryn Hashimoto
The Compatibility of Canada’s Copyright Law with the Berne Convention
Evolutions of Copyright Law in Africa: Compatibility with International Norms and Directions
Copyright Pluralism or Universalism in the Digital Knowledge Economy in Asia and Australasia
Daniel Seng & Shaun Lim
Bilateral Trade and Investment Agreements and the Harmonization of Copyright Law at International Level: Lessons to Be Learned from the TTIP
Pluralism or Universalism in International Copyright Law Making
Berne Convention: The Epicenter of Universalism or the Contrary?
Universality or Diversity? The WIPO Role and Strategy in International Copyright Lawmaking
Toward a New Berne Convention
Pluralism and Universalism in International Copyright Law: The Role of an International Acquis
Graeme B. Dinwoodie
International Copyright Law Acquis
The Author’s Exclusive Rights According to the Berne Plus-Plus Copyright Framework, Their Adaptation to New Technical and Societal Challenges and the Limits of Such Adaptation
Michel M. Walter
The Moral Interests of Authors as Universal Signs of the Law of Autonomy: And Their Plural Recognition Within or Outside Copyright Law
Toward an International Common Core of Exceptions and Limitations?
International Fragmentation of Copyright Duration: The Only Place Where the Little Prince and Anne Frank Grow Old
Global Copyright Enforcement in the Digital Era
Intermediary Liability in a Global World
How Europe Wants to Redefine Global Online Copyright Enforcement
Dangers and Challenges of Copyright Law’s Segmentation in the Digital Era from a Private International Law Perspective
Paul L.C. Torremans
Gaps in the International Copyright Law Acquis
Authorship in International Copyright Law
Tatiana Eleni Synodinou
Nonoriginal Databases and Works of Applied Art as Nonharmonized Matter in International Copyright Law: What Lessons Can Be Learned?
Copyright Contract Law
Soft Law: A Plural Right, Open to Universality? The Example of the Fight Against Counterfeiting
Human Rights and International Copyright Law
Universalism, Pluralism or Isolationism? The Relationship Between Authors’ Rights and Creators’ Human Rights
Access to Works Protected by Copyright Law
Universal Measures in the Service of Global Challenges: Proportionality, Blocking Orders, and Online Intermediaries as Hybrid Bodies
Orit Fischman Afori
Table of Cases