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Exceptions in EU Copyright Law: In Search of a Balance Between Flexibility and Legal Certainty (eBook)


ISBN13: 9789403524009
Published: February 2021
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: eBook (ePub)
Price: £122.00
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Exceptions in EU Copyright Law deals with comprehensive redesigning of Article 5 of the Information Society Directive (InfoSoc Directive). 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, and there have been calls for reform in order to achieve a better balance between flexibility and legal certainty. The question to reform or not to reform this legal framework has been 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.

What’s in this book:

The author thoroughly examines such core aspects of the framework as the following:

  • justifications for exceptions, e.g., safeguarding the fundamental rights of users
  • regimes established in legislation and case law for key exceptions
  • the need to promote technological development
  • importance of avoiding re-fragmentation caused by uncoordinated national legislative responses to technological changes
  • legal status of digital technologies that rely on unauthorised uses of copyright-protected works, and
  • 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.

How this will help you:

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. There is no directly competing work that offers the analysis and proposals for reform. This topical, well-researched book will be welcomed by practitioners in intellectual property law and other areas of economic law, as well as by interested policymakers and scholars.

Subjects:
Intellectual Property Law, EU Law, eBooks
Contents:
Preface and Acknowledgements
List of Abbreviations
Introduction
Chapter 1. The Rights of Reproduction and Communication to the Public in International and EU Law
Chapter 2. Exceptions in International and EU Law
Chapter 3. Understanding Flexibility and Legal Certainty
Chapter 4. Flexibility and Legal Certainty in the InfoSoc Framework of Exceptions
Chapter 5. A Road Map for Reform
Conclusion
Bibliography
Table of Cases
Table of Legislation

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
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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
Pluralism or Universalism in International Copyright Law ISBN 9789403503554
Published October 2019
Kluwer Law International
£132.00
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