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Pluralism or Universalism in International Copyright Law


ISBN13: 9789403503554
Published: October 2019
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £132.00



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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.

Subjects:
Intellectual Property Law
Contents:
List of Abbreviations
Acknowledgments
Introduction
Tatiana Eleni Synodinou
Part I. Regional Copyright Law Harmonization
Chapter 1. EU, BC, WCT: The Compatibility of EU Copyright Law with the International Acquis in the Berne Convention, TRIPS and WCT
Antoon A. Quaedvlieg
Chapter 2. The Creeping Unification of Copyright in Europe
P. Bernt Hugenholtz
Chapter 3. Globalization of Collective Rights Management and the Role of National CMOs
Rudolf Leška
Chapter 4. US (Non)Compliance with Its International Copyright Obligations under Berne, TRIPS and the 1996 WIPO Copyright Treaties
Jane C. Ginsburg
Chapter 5. Is the US Fair Use Doctrine Compatible with Berne and TRIPS Obligations?
Pamela Samuelson & Kathryn Hashimoto
Chapter 6. The Compatibility of Canada’s Copyright Law with the Berne Convention
Ysolde Gendreau
Chapter 7. Evolutions of Copyright Law in Africa: Compatibility with International Norms and Directions
Marisella Ouma
Chapter 8. Copyright Pluralism or Universalism in the Digital Knowledge Economy in Asia and Australasia
Daniel Seng & Shaun Lim
Chapter 9. Bilateral Trade and Investment Agreements and the Harmonization of Copyright Law at International Level: Lessons to Be Learned from the TTIP
Christophe Geiger
Part II. Pluralism or Universalism in International Copyright Law Making
Chapter 10. Berne Convention: The Epicenter of Universalism or the Contrary?
Dionysia Kallinikou
Chapter 11. Universality or Diversity? The WIPO Role and Strategy in International Copyright Lawmaking
Jørgen Blomqvist
Chapter 12. Toward a New Berne Convention
Daniel Gervais
Chapter 13. Pluralism and Universalism in International Copyright Law: The Role of an International Acquis
Graeme B. Dinwoodie
Part III. International Copyright Law Acquis
Chapter 14. 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
Chapter 15. The Moral Interests of Authors as Universal Signs of the Law of Autonomy: And Their Plural Recognition Within or Outside Copyright Law
Alain Strowel
Chapter 16. Toward an International Common Core of Exceptions and Limitations?
Raquel Xalabarder
Chapter 17. International Fragmentation of Copyright Duration: The Only Place Where the Little Prince and Anne Frank Grow Old
Séverine Dusollier
Part IV. Global Copyright Enforcement in the Digital Era
Chapter 18. Intermediary Liability in a Global World
Matthias Leistner
Chapter 19. How Europe Wants to Redefine Global Online Copyright Enforcement
Martin Husovec
Chapter 20. Dangers and Challenges of Copyright Law’s Segmentation in the Digital Era from a Private International Law Perspective
Paul L.C. Torremans
Part V. Gaps in the International Copyright Law Acquis
Chapter 21. Authorship in International Copyright Law
Tatiana Eleni Synodinou
Chapter 22. Nonoriginal Databases and Works of Applied Art as Nonharmonized Matter in International Copyright Law: What Lessons Can Be Learned?
Estelle Derclaye
Chapter 23. Copyright Contract Law
Agnès Lucas-Schloetter
Chapter 24. Soft Law: A Plural Right, Open to Universality? The Example of the Fight Against Counterfeiting
Alexandra Bensamoun
Part VI. Human Rights and International Copyright Law
Chapter 25. Universalism, Pluralism or Isolationism? The Relationship Between Authors’ Rights and Creators’ Human Rights
Jonathan Griffiths
Chapter 26. Access to Works Protected by Copyright Law
Philippe Jougleux
Chapter 27. Universal Measures in the Service of Global Challenges: Proportionality, Blocking Orders, and Online Intermediaries as Hybrid Bodies
Orit Fischman Afori
Table of Cases
Index

Series: Information Law Series

Imposing Data Sharing Among Private Actors: A Tale of Evolving Balances ISBN 9789403541600
Published January 2022
Kluwer Law International
£134.00
Imposing Data Sharing Among Private Actors: A Tale of Evolving Balances (eBook) ISBN 9789403541655
Published January 2022
Kluwer Law International
£135.00
(ePub)
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Imposing Data Sharing Among Private Actors: A Tale of Evolving Balances (eBook) ISBN 9789403501772
Published January 2022
Kluwer Law International
£135.00
(ePub)
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£122.00
£122.00
(ePub)
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Open Source Software and Intellectual Property Rights ISBN 9789041152282
Published June 2014
Kluwer Law International
£237.00
Variable Scope of the Exclusive Economic Rights in Copyright ISBN 9789041149152
Published May 2014
Kluwer Law International
£222.00
Codification of European Copyright Law: Challenges and Perspectives ISBN 9789041141453
Published December 2012
Kluwer Law International
£203.00
£152.00
Copyright Enforcement and the Internet ISBN 9789041133465
Published November 2010
Kluwer Law International
£173.00
Public Broadcasting and European Law ISBN 9789041125002
Published May 2008
Kluwer Law International
£167.00
£163.00
Copyright, Limitations and the Three-step Test ISBN 9789041122674
Published January 2004
Kluwer Law International
£163.00
£145.00
Data Protection Law: Approaching Its Rationale, Logic and Limits ISBN 9789041198709
Published August 2002
Kluwer Law International
£215.00
The Commodification of Information
ISBN 9789041198761
Published July 2002
Kluwer Law International
£243.00
Copyright Limitations and Contracts ISBN 9789041198679
Published February 2002
Kluwer Law International
£197.00
Copyright and Electronic Commerce
Edited by: Hugenholtz
ISBN 9789041197856
Published April 2000
Kluwer Law International
£195.00
Copyright and Photographs: An International Survey ISBN 9789041197221
Published June 1999
Kluwer Law International
£243.00
Intellectual Property and Information Law: Essays in Honour of Herman Cohen Jehoram ISBN 9789041197023
Published January 1999
Kluwer Law International
£226.00
From Privacy Toward a New Intellectual Property Right in Persona ISBN 9789041103550
Published February 1997
Kluwer Law International
£243.00
The Future of Copyright in a Digital Environment
ISBN 9789041102676
Published July 1996
Kluwer Law International
£188.00
Challenges to the Creator Doctrine
ISBN 9789065448767
Published August 1994
Kluwer Law International
£144.00