By Roberto Caso, Federica Giovanella
This booklet makes a speciality of the thorny and hugely topical factor of balancing copyright within the electronic age. the assumption for it sprang from the usually heated debates between highbrow estate students at the percentages and the boundaries of copyright. Copyright legislations has been broadening its scope for many years now, and for this reason it frequently clashes with different rights (frequently, primary rights), elevating the query of which correct prevails.
The papers symbolize the made of extensive study via specialists, who hire rigorous interpretative methodologies whereas maintaining a tally of comparability and at the affects of latest 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 facts wishes; and at the stability among copyright and educational freedom.
Starting from the problems inherently hooked up to the tricky activity of balancing rights that reply to opposing pursuits, every one essay analyzes strategies and arguments utilized through institutional decision-makers in attempting to remedy this difficulty. every one writer applies a particular technique concerning criminal comparability, whereas bearing in mind the ecu framework for copyright and similar rights.
This paintings represents a different piece of scholarship, within which a unmarried factor is learn via diverse lenses, demonstrating the necessity to reconcile copyright with different basic components of law.
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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 usually heated debates between highbrow estate students at the percentages and the boundaries of copyright. Copyright legislation has been broadening its scope for many years now, and consequently it usually clashes with different rights (frequently, basic rights), elevating the query of which correct prevails.
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Additional info for Balancing Copyright Law in the Digital Age: Comparative Perspectives
In: Howe H, Griffiths J (eds) Concepts of property in intellectual property law. Cambridge University Press, Cambridge, p 94 Edelman B (2004) Le sacre de l’auteur. Dalloz, Paris Gambaro A (1995) Il diritto di proprieta`. Giuffre`, Milano Gambaro A (2011) Property rights in comparative perspective: why property is so ancient and durable. Tulane Eur Civil Law Forum 26 Geiger C (2006) Constitutionalising intellectual property law. The influence of fundamental rights on intellectual property in Europe.
25 Geiger C (2013) The social function of intellectual property rights, or how ethics can influence the shape and use of IP law. In: Dinwoodie GB (ed) Intellectual property law: methods and perspectives. Edward Elgar, Cheltenham, pp 153–176 Geiger C, Griffiths J, Hilty RM, Suthersanen U (2010) Declaration on a balanced interpretation of the three-step test in copyright law. J Intellect Prop Inf Technol E-Commerce Law 1:119 Geller PE (1994) Must copyright be forever caught between marketplace and authorship norms?
49 One of the reasons for this objection is that, whereas the first purchaser’s resale of a tangible copy deprives that person of any ability to use that copy, quite the opposite is the case with the resale of intangible copies: here, it would be difficult, without adopting technological protection measures,50 to prevent resellers from keeping and using a copy of a work after they have resold it. 51 The two aforementioned factors, it 45 But cf. Spedicato (2011), where, referring to the well-known distinction between corpus mysticum and corpus mechanicum, I have defined a computer file as a corpus quasi-mechanicum.
Balancing Copyright Law in the Digital Age: Comparative Perspectives by Roberto Caso, Federica Giovanella