Author: State of New YorkPublisher:
ISBN:
Category :
Languages : en
Pages : 1396
Book Description
Case and Exceptions
Author: State of New YorkExceptions in EU Copyright Law
Author: Tito RendasPublisher: Kluwer Law International B.V.
ISBN: 9403524006
Category : Law
Languages : en
Pages : 400
Book Description
Information Law Series Volume 45 In a copyright system characterised by broad and long-lasting exclusive rights, exceptions provide a vital counterweight, especially in times of rampant technological change. The EU’s controversial InfoSoc Directive – now two decades old – lists exceptions in which an unauthorised user will not have infringed the rightholder’s copyright. To reform or not to reform this legal framework – that is the question considered in great depth in this book, providing detailed theoretical and normative analysis of the Directive, the national and CJEU case law arising from it, and meticulously thought-out proposals for change. By breaking down the concepts of ‘flexibility’ and ‘legal certainty’ into a set of policy objectives and assessment criteria, the author thoroughly examines such core aspects of the framework as the following: the justifications for exceptions, e.g., safeguarding the fundamental rights of users; the regimes established in legislation and case law for key exceptions; the need to promote technological development; the importance of avoiding re-fragmentation caused by uncoordinated national legislative responses to technological changes; the legal status of digital technologies that rely on unauthorised uses of copyright-protected works; and the pros and cons of importing a fair use standard modelled after that of the United States. In an invaluable concluding chapter, the author puts forward a set of reform proposals, articulating their advantages and responding to potential objections. In doing so, the chapter also identifies, synthesises and critically examines the various proposals that have been advanced in the academic literature. In its decisive contribution to the debate around the InfoSoc Directive and the rules that guide its implementation, interpretation, and application, this book isolates the contentious structural features of the framework and examines them in a critical fashion. The author’s systematised review of scholarly and policymaking proposals for increasing flexibility and legal certainty in EU copyright law will be welcomed by practitioners in intellectual property law and other areas of economic law, as well as by interested policymakers and scholars.
Allowing for Exceptions
Author: Luís Duarte d'AlmeidaPublisher: Oxford University Press (UK)
ISBN: 0199685789
Category : Law
Languages : en
Pages : 321
Book Description
Within limits, the law allows for exceptions. Or so we tend to think. In fact, the line between rules and exceptions is harder to draw than it seems. How are we to determine what counts as an exception and what as part of the relevant rule? The distinction has important practical implications. But legal theorists have found the notion of an exception surprisingly difficult to explain. This is the longstanding jurisprudential problem that this book seeks to solve.
The Cambridge Handbook of Copyright Limitations and Exceptions
Author: Shyamkrishna BalganeshPublisher: Cambridge University Press
ISBN: 1108670873
Category : Law
Languages : en
Pages : 719
Book Description
While copyright law is ordinarily thought to consist primarily of exclusive rights, the regime's various exemptions and immunities from liability for copyright infringement form an integral part of its functioning, and serve to balance copyright's grant of a private benefit to authors/creators with the broader public interest. With contributors from all over the world, this handbook offers a systematic, thorough study of copyright limitations and exceptions adopted in major jurisdictions, including the United States, the European Union, and China. In addition to providing justifications for these limitations, the chapters compare differences and similarities that exist in major jurisdictions and offer suggestions about how to improve the enforcement of copyright limitations domestically and globally. This work should appeal to scholars, policymakers, attorneys, teachers, judges, and students with an interest in the theories, policies, and doctrines of copyright law.
Reports of Cases argued and determined in the Supreme Judical Court of Massachusetts
Author: Charles AllenPublisher: BoD – Books on Demand
ISBN: 3752502177
Category : Fiction
Languages : en
Pages : 661
Book Description
Reprint of the original, first published in 1869.
Chase's Pocket Code
Author: Reports of Cases Argued and Determined in the Supreme Court of the Territory of Arizona
Author: Arizona. Supreme CourtPublisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 648
Book Description
Reports of cases heard and determined in the Appellate Division of the Supreme Court of the State of New York
Author: Reports of Cases Argued and Determined in the Supreme Court of the State of Michigan
Author: Michigan. Supreme CourtPublisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 618
Book Description
Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York
Author: New York (State). Supreme Court. Appellate DivisionPublisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 1360
Book Description