Pluralism or Universalism in International Copyright Law

Pluralism or Universalism in International Copyright Law
Author: Tatiana Eleni Synodinou
Publisher: Kluwer Law International B.V.
Total Pages: 572
Release: 2019-10-24
Genre: Law
ISBN: 9403503335

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In a world where powerful intermediaries like 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. 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. 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 of immeasurable value to lawyers, judges, policy makers, academics and researchers working in the field of copyright law.

Intellectual Property Ordering Beyond Borders

Intellectual Property Ordering Beyond Borders
Author: Henning Grosse Ruse-Khan
Publisher: Cambridge University Press
Total Pages: 473
Release: 2022-10-13
Genre: Business & Economics
ISBN: 1316512932

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This volume brings together various perspectives to re-conceptualise IP protection beyond borders within a broader public international law framework.

International Copyright Law: U.S. and E.U. Perspectives

International Copyright Law: U.S. and E.U. Perspectives
Author: Jane C. Ginsburg
Publisher: Edward Elgar Publishing
Total Pages: 878
Release: 2015-05-29
Genre: Law
ISBN: 1783477989

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This ground-breaking casebook provides a comprehensive and comprehensible account of International Copyright law and its neighbouring rights, helping students to chart a path through these often difficult waters. It illuminates the fundamental influenc

International Copyright

International Copyright
Author: Paul Goldstein
Publisher: Oxford University Press, USA
Total Pages: 616
Release: 2013
Genre: Law
ISBN: 0199794294

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International Copyright is an indispensable reference work for professionals involved with international intellectual property transactions or litigation. It is essential reading for scholars and for intellectual property practitioners worldwide. This edition provides new sections on contributory liability of intermediaries and on collective rights management.

International Copyright and Neighbouring Rights

International Copyright and Neighbouring Rights
Author: Stephen M. Stewart
Publisher:
Total Pages: 230
Release: 1989
Genre: Copyright
ISBN:

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This second volume continues Stewart's coverage of the underlying general principles of both international and national copyright laws, with special attention being paid to copyright as it applies in the People's Republic of China, the USSR, Hungary, Czechoslovakia and Poland.

The Oxford Handbook of Global Legal Pluralism

The Oxford Handbook of Global Legal Pluralism
Author: Paul Schiff Berman
Publisher: Oxford University Press, USA
Total Pages: 1133
Release: 2020-09-24
Genre: Law
ISBN: 0197516742

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"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--

The Law of International Copyright

The Law of International Copyright
Author: William Briggs
Publisher: Fred B. Rothman
Total Pages: 884
Release: 1906
Genre: Law
ISBN:

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The law of international copyright, with special sections on the colonies and the United States of America. This book, "The law of international copyright," by William Briggs, is a replication of a book originally published before 1906. It has been restored by human beings, page by page, so that you may enjoy it in a form as close to the original as possible.

Internet Service Provider Liability for Copyright and Trade Mark Infringement

Internet Service Provider Liability for Copyright and Trade Mark Infringement
Author: Zoi Krokida
Publisher: Bloomsbury Publishing
Total Pages: 416
Release: 2022-06-16
Genre: Law
ISBN: 1509948546

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This book critically evaluates the EU regulatory framework for the liability of host Internet Service Providers (ISPs) for copyright and trade mark infringements and provides a cluster of novel recommendations for its improvement. The book recommends the imposition of a duty of care to host ISPs to curb the dissemination of unauthorised works and counterfeit goods, the ascription of a transparency obligation to host ISPs towards their users, and the establishment of a supervisory authority for host ISPs. Host ISPs have facilitated the dissemination of content amongst users and the purchase of goods online, enabling copyright holders and brand owners to attract a greater audience for their works and goods. However, their services have attracted a high number of copyright and trade mark violations, too. Neither Article 14 of the e-Commerce Directive nor Article 17 of the Copyright in the Digital Single Market Directive provide a solid response to the issue of host ISPs' liability. This book is a valuable resource for researchers in IT and IP law and offers a new perspective for resolving online IP disputes.

EU Copyright Law

EU Copyright Law
Author: Irini Stamatoudi
Publisher: Edward Elgar Publishing
Total Pages: 1303
Release: 2021-03-26
Genre: Law
ISBN: 1786437805

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This significantly revised and updated second edition 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. Taking a comparative approach, the Commentary provides comprehensive coverage and in-depth commentary on each of the EU legal instruments and policies, both from an EU and an international perspective. Alongside full legislative analysis and article-by-article commentary, the Commentary illustrates the underlying basic principles of free movement and non-discrimination and provides insights into the influence of copyright on other areas of EU policy, including telecoms and bilateral trade agreements.

Global Legal Pluralism

Global Legal Pluralism
Author: Paul Schiff Berman
Publisher: Cambridge University Press
Total Pages: 357
Release: 2012-02-27
Genre: Law
ISBN: 1107376912

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We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.