Balancing Copyright Law in the Digital Age: Comparative by Roberto Caso, Federica Giovanella

By Roberto Caso, Federica Giovanella

This e-book makes a speciality of the thorny and hugely topical factor of balancing copyright within the electronic age. the belief for it sprang from the customarily heated debates between highbrow estate students at the probabilities and the bounds of copyright. Copyright legislation has been broadening its scope for many years now, and for that reason it usually clashes with different rights (frequently, primary rights), elevating the query of which correct prevails.

The papers characterize the manufactured from extensive examine by way of specialists, who hire rigorous interpretative methodologies whereas keeping track of comparability and at the affects of recent applied sciences on legislations. The contributions pay attention to the "propertization" of copyright; at the precept of exhaustion of the distribution correct; at the clash among clients' privateness and private info wishes; and at the stability among copyright and educational freedom.

Starting from the problems inherently hooked up to the tough activity of balancing rights that reply to opposing pursuits, each one essay analyzes innovations and arguments utilized via institutional decision-makers in attempting to resolve this hindrance. each one writer applies a particular technique concerning criminal comparability, whereas taking into consideration the eu framework for copyright and comparable rights.

This paintings represents a special piece of scholarship, within which a unmarried factor is learn via varied lenses, demonstrating the necessity to reconcile copyright with different basic components of law.

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2 Second Step: Challenging the Conventional Wisdom on the Nonexhaustion Rule Set Forth in Article 3(3) of the InfoSoc Directive . . . . . . . . . . . . . . 3 Third Step: Distinguishing Acts of Reproduction According to Their Intended Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conclusions . . . . .

Bruylant, Bruxelles Calliess E (2007) The fundamental right to property. In: Ehlers D (ed) European fundamental rights and freedoms. De Gruyter, Berlin, p 456 Cherednychenko OO (2007) Fundamental rights, contract law and the protection of the weaker party. Sellier, Munich C¸oban AR (2004) Protection of property rights within the European Convention on human rights. Ashgate, Aldershot Cohen Jehoram H (2005) Restrictions on copyright and their abuse. Eur Intellect Prop Rev 27:359 Derclaye E (2010) Infopaq International A/S v Danske Dagblades Forening: wonderful or worrisome?

22 A few examples are Geiger et al. (2008), pp. ; and Bently et al. (2013). 23 I use here the well-known definition by Sacco (1991), p. 343. 24 Cf. pdf, 2. 25 Serra (2013), p. 1785. e. intangible copies). g. DVD) in which copies in digital format are fixed. 28 See also Targosz (2010), p. ” 32 G. 34 There are important outcomes that follow once right holders are legally prevented from controlling the further circulation of the copies put on the market by the right holders themselves or indirectly with their consent,35 and among these consequences are those that affect the interest of consumers in having access to 29 CJEC, 8 June 1971, case C-78/70, Deutsche Grammophon v Metro SB, in OJ, No.

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