P. Bernt Hugenholtz – författare
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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.
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Concise European Copyright Law aims to offer the reader a rapid understanding of all the provisions of copyright law in force in Europe that have been enacted at the European and international levels. This volume takes the form of an article-by-article commentary on the relevant European directives and international treaties in the field of copyright and neighbouring rights. It is intended to provide the reader with a short and straightforward explanation of the principles of law to be drawn from each provision. Editors and authors are prominent specialists (academics and practitioners) in the field of international and European copyright law.
Concise European Copyright Law is part of ''Concise IP'', a series of five volumes of commentary on European intellectual property legislation. The five volumes cover: Patents and related matters, Trademarks and designs, Copyrights and neighbouring rights, IT and a general volume including jurisdictional issues.
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Concise European Copyright Law aims to offer the reader a rapid understanding of all the provisions of copyright law in force in Europe that have been enacted at the European and international levels. This volume takes the form of an article-by-article commentary on the relevant European directives and international treaties in the field of copyright and neighbouring rights. It is intended to provide the reader with a short and straightforward explanation of the principles of law to be drawn from each provision. Editors and authors are prominent specialists (academics and practitioners) in the field of international and European copyright law.
Concise European Copyright Law is part of ''Concise IP'', a series of five volumes of commentary on European intellectual property legislation. The five volumes cover: Patents and related matters, Trademarks and designs, Copyrights and neighbouring rights, IT and a general volume including jurisdictional issues.
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This book contains a unique collection of papers, written by the world''s foremost copyright scholars and practitioners, presented at the colloquium on The Future of Copyright in a Digital Environment in Amsterdam on July, 1995. This colloquium was organized by the Royal Netherlands Academy of Sciences (KNAW) and the Institute for Information Law at the University of Amsterdam.
This collection of papers is the first to cover the complete range of problems involved, including the scope of protected rights on the information superhighway, the application of exemptions and limitations, the collective administration of rights, resolving conflicts of law in an environment where territoriality is obsolete, alternatives to copyright protection and designing copyright for the future.
This book will prove a useful source of information for all those investigating the profound impact of the emerging digital environment on copyright law.
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The spectacular success of electronic commerce in recent years has seen an explosion in the availability of information and entertainment products on the Internet. This distribution of ''content'' is expected to continue as one of the major sources of growth on the Internet in the years ahead, raising concerns over the protection of content owners'' rights.
Concerns over the effectiveness of the copyright system in a digital environment have inspired content providers to look for alternative protection regimes or strategies. These alternatives, such as the protection afforded by contract law and information technology, comprise important elements of the Electronic Copyright Management System (ECMS), a fully automated system of secure distribution, rights management, monitoring and payment of copyright-protected content currently being developed.
Perhaps the largest multidisciplinary study conducted on ECMS to date is the IMPRIMATUR project, which was subsidised by the European Commission''s Esprit Programme, and for which the Institute for Information Law of the University of Amsterdam (IViR) produced a series of legal studies.
This volume collects six fully revised and updated studies relating to copyright and electronic commerce which have resulted from the IViR''s research. As well as examining the legal issues crucial to the development of electronic copyright management systems, the contributions address issues with wider implications for the law of copyright in general.
Other aspects of information law are also considered, such as defamation, data protection, privacy and freedom of expression and information, as are general questions of contract and tort law. INFORMATION LAW SERIES 8
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With the year 2000 in sight, the information industry is changing into second gear. New information services are introduced each day, using telecommunications networks or newly developed carrier media. Factual information, such as stock market data, weather reports, topographical data and business news, is rapidly becoming a very valuable commodity. And wherever business is booming, piracy is looming.
Can copyright law provide adequate protection? Is there a conflict between a copyright in works of fact and the freedom of expression? Are information monopolies compatible with the EEC Treaty?
''Protecting Works of Fact'' is about these and other dilemmas of information law. The book contains a collection of articles written by legal scholars and practitioners. Most articles were originally presented at the Copyright in Information Conference of the Institute for Information Law (University of Amsterdam), which was held in Amsterdam on December 1, 1989. In addition, the book contains a general introduction to information law.
''Protecting Works of Fact'' is the first volume of the Information
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The historical evolution of copyright has led to a growing disconnect between the legal definitions of economic rights and the business and technological realities they regulate, eroding copyright’s normative content and distorting the scope of its economic rights. This book, which consolidates the results of a major trans-European research project funded by Microsoft Europe, re-examines the core economic rights protected under EU copyright law, with the aim of bringing these rights more in line with economic and technological realities.
Pursuing an interdisciplinary approach combining economic and legal methods, nine of Europe’s most respected copyright scholars and economists present a variety of models for reconstructing copyright’s economic rights, focusing on five potentially copyright-relevant acts that lie at the borders of exclusive rights:
- digital resale;- private copying;- hyperlinking and embedding;- cable retransmission; and- text and data mining.Offering the most incisive current thinking on copyright’s economic rights in an increasingly networked world where acts of usage of works occur on a global or regional scale rather than on a purely national territorial basis, this book will be of immeasurable value not only to academics but also to practitioners and professionals in intellectual property law, scholars in the fields of international and EU copyright law, and lawmakers and judges at the EU, national and international levels.
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The historical evolution of copyright has led to a growing disconnect between the legal definitions of economic rights and the business and technological realities they regulate, eroding copyright’s normative content and distorting the scope of its economic rights. This book, which consolidates the results of a major trans-European research project funded by Microsoft Europe, re-examines the core economic rights protected under EU copyright law, with the aim of bringing these rights more in line with economic and technological realities.
Pursuing an interdisciplinary approach combining economic and legal methods, nine of Europe’s most respected copyright scholars and economists present a variety of models for reconstructing copyright’s economic rights, focusing on five potentially copyright-relevant acts that lie at the borders of exclusive rights:
- digital resale;- private copying;- hyperlinking and embedding;- cable retransmission; and- text and data mining.Offering the most incisive current thinking on copyright’s economic rights in an increasingly networked world where acts of usage of works occur on a global or regional scale rather than on a purely national territorial basis, this book will be of immeasurable value not only to academics but also to practitioners and professionals in intellectual property law, scholars in the fields of international and EU copyright law, and lawmakers and judges at the EU, national and international levels.
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