Flexibilities In Copyright Law
Download Flexibilities In Copyright Law PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Flexibilities In Copyright Law book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages.
Flexibilities in Copyright Law
"This book explores the intricated evolution of flexibilities in copyright law, addressing some of the most pressing challenges the copyright balance has faced in the past decades. In the digital age, copyright law's role as a regulatory framework has grown, demanding even greater clarity and flexibility regarding access and use of protected works. EU harmonization efforts have added complexity by introducing detailed rules that impact on the copyright balance. This book goes beyond the existing EU copyright framework to critically analyze its current state of the art and make policy recommendations for the future. The concept of "copyright flexibilities" is examined from various angles, including rights definition, subject matter and scope of protection, copyright contracts, enforcement, exceptions and limitations, exhaustion, and the fair balance between copyright and fundamental rights. Instead of a fragmented approach, the collection takes a holistic view to copyright flexibilities, considering them as a multifaceted and intrinsic element of copyright law expressed through various mechanisms. Particular emphasis is put on technological, economic, cultural, and societal trends, which challenge established concepts in copyright policy. The book will be of interest to students and scholars in the field of copyright law in the EU and beyond"-- Provided by publisher.
Flexibilities in Copyright Law
This book explores the intricated evolution of flexibilities in copyright law, addressing some of the most pressing challenges the copyright balance has faced in the past decades. In the digital age, copyright law's role as a regulatory framework has grown, demanding even greater clarity and flexibility regarding access and use of protected works. EU harmonization efforts have added complexity by introducing detailed rules that impact the copyright balance. This book goes beyond the existing EU copyright framework to critically analyze its current state of the art and make policy recommendations for the future. The concept of "copyright flexibilities" is examined from various angles, including rights definition, subject matter and scope of protection, copyright contracts, enforcement, exceptions and limitations, exhaustion, and the fair balance between copyright and fundamental rights. Instead of a fragmented approach, the collection takes a holistic view of copyright flexibilities, considering them as a multifaceted and intrinsic element of copyright law expressed through various mechanisms. Particular emphasis is put on technological, economic, cultural, and societal trends, which challenge established concepts in copyright policy. The book will be of interest to students and scholars in the field of copyright law in the EU and beyond.
Exceptions in EU Copyright Law
Author: Tito Rendas
language: en
Publisher: Kluwer Law International B.V.
Release Date: 2021-02-10
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.