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EU Copyright Law: A Commentary 2nd ed

Edited by: Irini Stamatoudi, Paul Torremans

ISBN13: 9781786437792
Previous Edition ISBN: 9781781952429
Published: March 2021
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £301.00



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This significantly revised and updated second edition builds upon the authoritative foundations of the first edition. It addresses the rapid development of EU copyright law in relation to the advancement of new technologies, the need for a borderless digital market and the considerable number of EU legal instruments enacted as a result.

Alongside full legislative analysis and article-by-article commentary, the Commentary illustrates the underlying basic principles of free movement and non-discrimination. It provides insights into the influence of copyright on other areas of EU policy, including telecoms and bilateral trade agreements. This unique Commentary describes and analyses each EU directive in turn and discusses anticipated future challenges, utilising a clear structure to enable the reader to navigate the Commentary effectively.

Written by a team of leading experts in the field, this Commentary combines theory and practice to tackle the role of copyright in society and the economy, making this a key resource for academics, researchers, practitioners and policymakers in national, EU and comparative copyright law.

Subjects:
Intellectual Property Law, EU Law
Contents:
Introduction
Irini Stamatoudi and Paul Torremans
PART I: GENERAL PRINCIPLES OF EUROPEAN COPYRIGHT
1. Is there a concept of European copyright law? History, evolution, policies and politics and
the acquis communautaire
Agnès Lucas-Schloetter
2. The principle of non-discrimination
Cristiana Sappa
3. The principle of free movement of goods: community exhaustion and parallel imports
Benedetta Ubertazzi
4. The essential facilities principle and other issues of competition
Alison Firth
PART II: THE EU DIRECTIVES AND REGULATIONS
5. The Software Directive
Marie-Christine Janssens
6. The Rental and Lending Rights Directive
Sylvie Nérisson
7. The Satellite and Cable Directive
Jan Rosén
8. The Term Directive
Gemma Minero
9. The Database Directive
Estelle Derclaye
10. The Resale Right Directive
Jens Gaster and Irini Stamatoudi
11. The Information Society Directive
Christophe Geiger, Franciska Schönherr, Irini Stamatoudi, Paul Torremans and Stavroula Karapapa
12. The Enforcement Directive
Irini Stamatoudi and Olivier Vrins
13. The Orphan Works Directive
Uma Suthersanen and Maria Mercedes Frabboni
14. The Collective Rights Management Directive
Lucie Guibault and Sabine Jacques
15. The Portability Regulation
Katja Weckström Lindroos and Nguyen Ho Bich Hang
16. The Marrakesh Treaty on Certain Permitted Uses for the Benefit of Blind, Visually Impaired and Print-disabled Persons
Raquel Xalabarder
17. The Digital Single Market Directive
Irini Stamatoudi and Paul Torremans
18. Access and re-use of public sector information in a copyright perspective
Cristiana Sappa
19. A United States perspective on Digital Single Market Directive Article 17
Jane C. Ginsburg
20. The Netcab Directive
Tom Rivers
PART III: EU POLICIES AND ACTIONS
21. The EU policies and actions in the fight against piracy
Olivier Vrins
22. Bringing Europe’s cultural heritage online: initiatives and challenges
Nadine Klass, Hajo Rüpp and Julia Wildgans
23. From a ‘Digital Agenda for Europe’, to a ‘Digital Single Market’, to a ‘Europe Fit for the Digital Age’: a decade of European Union copyright policy in the shadow of crises
Benjamin Farrand
24. Intellectual property and the EU rules on private international law: match or mismatch?
Paul Torremans
25. The export of EU copyright law: the example of the Free Trade Agreements
Zoi Mavroskoti
PART IV: PRESENT AND FUTURE OF COPYRIGHT IN THE EUROPEAN UNION
26. The EU stance in international matters
Gillian Davies and Bernd Justin Jütte
27. The role of the Court of Justice in the development of EU copyright law: an empirical experience
Marcella Favale
28. Towards a European copyright law: territoriality and limitations and exceptions as major outstanding issues
Paul Torremans and Khamchanh Keosomphan
29. Advocating an EU copyright title
Alain Strowel
30. Conclusion
Irini Stamatoudi and Paul Torremans
Index