Mireille van Eechoud – författare

This book will provide analysis of the current state of play of and suggest direction for future development of European copyright law and related rights. The acquis communautaire is reviewed in depth, starting with an analysis of the exact competence of the EC in relation to its declared policy ambitions from the past to the present.

Next, the body of european copyright law is described. This is done not in the traditional way, i.e. on a directive by directive basis, but following a scheme of the principal elements that national copyright and related rights law share (e.g. what is protected subject matter, who are beneficiaries, what is the nature and extent of the exclusive rights and limitations, term of protection). Of all principal issues, the degree and scope of harmonization is analysed, put into the perspective of Member States’ obligations under the relevant international treaties (e.g. Berne Convention, Rome Convention, TRIPS agreement, WIPO internet treaties).

In addition, a number of items on the European Commissions current legislative agenda are subjected to a critical review, in light of our findings on the successes and shortcomings of the harmonization process so far.

Nobody denies that the traditional territorial approach to copyright and other intellectual property rights has come under pressure. Yet it persists. Faced with the need to determine the applicable law in cross-border cases, lawyers everywhere wrestle with the implications of the territorial nature of copyright and related rights.

In this book Mireille van Eechoud clears the way to the formulation of conflict rules that reflect the purpose of copyright law - to protect creators and stimulate the production and use of information - without reverting to old-fashioned notions of territoriality. She shows how the applicable law can be determined for four distinct legal avenues of intellectual property law:

Mireille van Eechoud shows how, when each of these questions is approached in the light of the different allocation principles used in modern choice of law, a new clarity begins to emerge that promises in time to build a set of conflict rules well suited to the unprecedented copyright and related rights issues that we find so difficult to resolve today. Her in-depth analysis draws in the classic multilateral conventions and treaties, underlying policies, technological and economic developments, utilitarian grounds versus iustice considerations, and issues of infringement in the digital environment.

Renowned intellectual property law expert Bernt Hugenholtz once warned, chiding the voracity of copyright, that reducing the subject matter test to mere originality and personal stamp might lead to ‘infinite expansion of the concept of the work of authorship. Anything touched by human hand, including for instance sports performances, would be deemed a work’. Indeed, the applicability of copyright law on sports events and players’ moves is one of the many topics discussed in this volume, which spans issues from those related to players and their performances and achievements, via those relevant to sports event organisers and clubs, to questions concerning event reporting and data and the growing role of AI technologies in sports.

Well-known authorities in intellectual property law speculate on the nexus of sports and intellectual property in its widest sense, elucidating such aspects as the following:

There are also several intriguing comparative chapters on intellectual property aspects in such parallel domains as body art, movement, carnivals, choreography, and chess.

Both profound and entertaining, this unique volume will be appreciated by practitioners, jurists, and academics interested in intellectual property rights as well as in sports law.

Renowned intellectual property law expert Bernt Hugenholtz once warned, chiding the voracity of copyright, that reducing the subject matter test to mere originality and personal stamp might lead to ‘infinite expansion of the concept of the work of authorship. Anything touched by human hand, including for instance sports performances, would be deemed a work’. Indeed, the applicability of copyright law on sports events and players’ moves is one of the many topics discussed in this volume, which spans issues from those related to players and their performances and achievements, via those relevant to sports event organisers and clubs, to questions concerning event reporting and data and the growing role of AI technologies in sports.

Well-known authorities in intellectual property law speculate on the nexus of sports and intellectual property in its widest sense, elucidating such aspects as the following:

There are also several intriguing comparative chapters on intellectual property aspects in such parallel domains as body art, movement, carnivals, choreography, and chess.

Both profound and entertaining, this unique volume will be appreciated by practitioners, jurists, and academics interested in intellectual property rights as well as in sports law.