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Research Handbook on the Future of EU Copyright
It has been over fifteen years since the EU started harmonising copyright law. This original Handbook takes stock and questions what the future of EU copyright should be. What went wrong with the harmonisation acquis? What did the directives do well? Should copyright be further harmonised? Each of the 25 recognised copyright experts from different European countries gives a critical account of the EU harmonisation carried out on several aspects of copyright law (subject-matter, originality, duration, rights, defences etc.), and asks whether further harmonisation is desirable or not. This way, the Handbook not only gives guidance to European institutions as to what remains to be done or needs to be remedied but is also the first overall picture of current and future EU copyright law.
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Critical Acclaim
Contributors
Contents
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It has been over fifteen years since the EU started harmonising copyright law. This original Handbook takes stock and questions what the future of EU copyright should be. What went wrong with the harmonisation acquis? What did the directives do well? Should copyright be further harmonised? Each of the 25 recognised copyright experts from different European countries gives a critical account of the EU harmonisation carried out on several aspects of copyright law (subject-matter, originality, duration, rights, defences etc.), and asks whether further harmonisation is desirable or not. This way, the Handbook not only gives guidance to European institutions as to what remains to be done or needs to be remedied but is also the first overall picture of current and future EU copyright law.
This Handbook will be of great interest to academics and intellectual property lawyers, as well as general commercial lawyers, across Europe because it reviews European directives in the field of copyright and also the relationships between copyright and other laws. Policymakers will also find much to interest them in the discussions regarding the future of EU copyright law and the proposed amendments to the existing legal framework.
This Handbook will be of great interest to academics and intellectual property lawyers, as well as general commercial lawyers, across Europe because it reviews European directives in the field of copyright and also the relationships between copyright and other laws. Policymakers will also find much to interest them in the discussions regarding the future of EU copyright law and the proposed amendments to the existing legal framework.
Critical Acclaim
‘The Research Handbook on the Future of EU Copyright provides an excellent resource for policymakers and researchers alike. It may also be of great benefit to post-graduate students who could easily use it as a step by step accompaniment to university courses on copyright.’
– Tobias Bednarz, Script-ed
‘. . . an important contribution to the study of EU copyright law. It provides a good overview of different aspects of copyright law in the European Union and comprises a prevailing guide which undoubtedly will be of great use to both academics and practitioners.’
– Ghufran Sukkaryeh, European Intellectual Property Review
‘Estelle Derclaye’s book is indeed a Handbook on EU copyright law, since practically every aspect of copyright law is examined through the lens of EU law by foremost European specialists. But it goes further than providing an understanding of what has been and ought to be happening in EU copyright law: each chapter can touch a raw nerve in the copyright law of any country in the world. Rarely has it been so obvious that EU copyright law can be considered a laboratory for copyright law in general.’
– Ysolde Gendreau, Université de Montréal, Canada
– Tobias Bednarz, Script-ed
‘. . . an important contribution to the study of EU copyright law. It provides a good overview of different aspects of copyright law in the European Union and comprises a prevailing guide which undoubtedly will be of great use to both academics and practitioners.’
– Ghufran Sukkaryeh, European Intellectual Property Review
‘Estelle Derclaye’s book is indeed a Handbook on EU copyright law, since practically every aspect of copyright law is examined through the lens of EU law by foremost European specialists. But it goes further than providing an understanding of what has been and ought to be happening in EU copyright law: each chapter can touch a raw nerve in the copyright law of any country in the world. Rarely has it been so obvious that EU copyright law can be considered a laboratory for copyright law in general.’
– Ysolde Gendreau, Université de Montréal, Canada
Contributors
Contributors: J.N. Adams, T. Aplin, V.L. Benabou, J. Bing, R. Casas Vallés, J. de Werra, S. Dusollier, M.M. Frabboni, Y. Gaubiac, C. Geiger, W. Grosheide, H. Grosse Ruse-Khan, L. Guibault, P.B. Hugenholtz, M.-C. Janssens, P. Kamina, A. Kamperman Sanders, C. Ker, A. Latreille, M. Leistner, B. Lindner, A. Ohly, J. Phillips, A. Quaedvlieg, A. Rahmatian, P. Torremans
Contents
Contents:
Introduction
Estelle Derclaye
1. Copyright Without Frontiers: The Problem of Territoriality in European Copyright Law
P. Bernt Hugenholtz
2. Copyright’s Fundamental Rights Dimension at EU Level
Christophe Geiger
3. Subject Matter
Tanya Aplin
4. The Subject-Matter for Film Protection in Europe
Pascal Kamina
5. The Requirement of Originality
Ramón Casas Vallés
6. From Idea to Fixation: A View of Protected Works
Antoine Latreille
7. Duration of Copyright
Yves Gaubiac, Brigitte Lindner and John N. Adams
8. Authorship, Ownership, Wikiship: Copyright in the 21st Century
Jeremy Phillips
9. Economic Rights
Ansgar Ohly
10. Moral Rights
Willem Grosheide
11. The Moral Right of Integrity
Jacques de Werra
12. Dealing with Rights in Copyright-Protected Works: Assignments and Licences
Andreas Rahmatian
13. The Issue of Exceptions: Reshaping the Keys to the Gates in the Territory of Literary, Musical and Artistic Creation
Marie-Christine Janssens
14. Private Copy Levies and Technical Protection of Copyright: The Uneasy Accommodation of Two Conflicting Logics
Séverine Dusollier and Caroline Ker
15. Collective Management of Copyright and Related Rights: Achievements and Problems of Institutional Effort Towards Harmonisation
Maria Mercedes Frabboni
16. Copyright Protection of Computer Programs
Jon Bing
17. The Protection of Databases
Matthias Leistner
18. Choice of Law in EU Copyright Directives
Paul Torremans
19. Overlap/Relationships between Copyright and Other Intellectual Property Rights
Antoon Quaedvlieg
20. Relationship between Copyright and Contract Law
Lucie Guibault
21. European Competition Law and Copyright: Where do we Stand? Where do we go?
Valérie Laure Benabou
22. Do Whiffs of Misappropriation and Standards for Slavish Imitation Weaken the Foundations of IP Law?
Anselm Kamperman Sanders
23. Access to Knowledge under the International Copyright Regime, the WIPO Development Agenda and the European Communities’ New External Trade and IP Policy
Henning Grosse Ruse-Khan
By way of Conclusion: What Next?
Estelle Derclaye
Index
Introduction
Estelle Derclaye
1. Copyright Without Frontiers: The Problem of Territoriality in European Copyright Law
P. Bernt Hugenholtz
2. Copyright’s Fundamental Rights Dimension at EU Level
Christophe Geiger
3. Subject Matter
Tanya Aplin
4. The Subject-Matter for Film Protection in Europe
Pascal Kamina
5. The Requirement of Originality
Ramón Casas Vallés
6. From Idea to Fixation: A View of Protected Works
Antoine Latreille
7. Duration of Copyright
Yves Gaubiac, Brigitte Lindner and John N. Adams
8. Authorship, Ownership, Wikiship: Copyright in the 21st Century
Jeremy Phillips
9. Economic Rights
Ansgar Ohly
10. Moral Rights
Willem Grosheide
11. The Moral Right of Integrity
Jacques de Werra
12. Dealing with Rights in Copyright-Protected Works: Assignments and Licences
Andreas Rahmatian
13. The Issue of Exceptions: Reshaping the Keys to the Gates in the Territory of Literary, Musical and Artistic Creation
Marie-Christine Janssens
14. Private Copy Levies and Technical Protection of Copyright: The Uneasy Accommodation of Two Conflicting Logics
Séverine Dusollier and Caroline Ker
15. Collective Management of Copyright and Related Rights: Achievements and Problems of Institutional Effort Towards Harmonisation
Maria Mercedes Frabboni
16. Copyright Protection of Computer Programs
Jon Bing
17. The Protection of Databases
Matthias Leistner
18. Choice of Law in EU Copyright Directives
Paul Torremans
19. Overlap/Relationships between Copyright and Other Intellectual Property Rights
Antoon Quaedvlieg
20. Relationship between Copyright and Contract Law
Lucie Guibault
21. European Competition Law and Copyright: Where do we Stand? Where do we go?
Valérie Laure Benabou
22. Do Whiffs of Misappropriation and Standards for Slavish Imitation Weaken the Foundations of IP Law?
Anselm Kamperman Sanders
23. Access to Knowledge under the International Copyright Regime, the WIPO Development Agenda and the European Communities’ New External Trade and IP Policy
Henning Grosse Ruse-Khan
By way of Conclusion: What Next?
Estelle Derclaye
Index
