Search Results

ENGLISH

European Intermediary Liability In Copyright: A Tort-Based Analysis - A Tort-Based Analysis

by Christina Angelopoulos

188,15€ + 10% CARD

 In step with its rapid progress to the centre of modern social, political, and economic life, the internet has proven a convenient vehicle for the commission of unprecedented levels of copyright infringement. Given the virtually insurmountable obstacles to successful pursuit of actual perpetrators, it has become common for intermediaries -providers of internet-related infrastructure and services - to face liability as accessories. Despite advances in policy at the European level, the law in this area remains far from consistently applicable. This is the first book to locate and clarify the substantive rules of European intermediary accessory liability in copyright and to formulate harmonised European norms to govern this complicated topic.With a detailed comparative analysis of relevant regimes in three major Member State jurisdictions - England, France, and Germany - the author elucidates the relationship between these rules and the demands of EU law on fundamental rights and the principles of European tort law. She clearly presents the interrelations between such areas as the following:<ul><li>- accessory liability in tort;</li><li>- joint tortfeasance;</li><li>- European fault-based liability: fault, causation, defences;</li><li>- negligence;</li><li>- negligence balancing: rights-based or utility-based?;</li><li>- Germany’s "disturbance liability" (Störerhaftung);</li><li>- fair balance in human rights;</li><li>- end-users’ fundamental rights;</li><li>- The European Commission’s 2015 Communication on a Digital Single Market Strategy for Europe;</li><li>- The E-Commerce Directive and other relevant provisions;</li><li>- Safe harbours: mere conduit, caching, hosting;</li><li>- Intermediary actions: monitoring, filtering, blocking, removal of infringing content; and</li><li>- application of remedies: damages and injunctions.</li></ul>The strong points of each national system are highlighted, as are the commonalities between them, and the author uses these to build a proposed harmonised European framework for intermediary liability for copyright infringement. She concludes with suggestions for the future possible integration of the proposed framework into EU law.The issue of the liability of internet intermediaries for third party copyright infringement has entered into the political agenda across the globe, giving rise to one of the most complex, contentious, and fascinating debates in modern copyright law. This book offers an opportunity for a re-conceptualisation and rationalisation of the applicable law, in a way which additionally better accounts for the cross-border nature of the internet. It will be of inestimable value to many interested parties - lawyers, internet intermediaries, NGOs, policymakers, universities, libraries, researchers, lobbyists - in matters regarding the information society.
ENGLISH

Copyright In The Age Of Online Access - Alternative Compensation Systems In Eu Law

by Joao Pedro Quintais

165,63€ + 10% CARD

 "In addition to proving virtually impossible, online enforcement of copyright may be undesirable because it risks encroaching upon fundamental rights and freedoms. However, the problem remains that creators are often not fairly remunerated for the online use of their works. This book addresses the urgent need to study pragmatic legal solutions that enable Internet users to access works in the digital environment, while assuring remuneration to rights holders and promoting the development of the information society. This study examines legalisation schemes that favour remunerated access over exclusivity and enforcement for large-scale online use by individuals. It investigates whether and to what extent these schemes (referred to as alternative compensation systems) are admissible under EU copyright law and consistent with its objectives, responding to such questions as the following in depth:<ul><li>- What existing copyright schemes provide an alternative to the exclusive right in copyright law?</li><li>- What online rights apply to the activities of Internet users?</li><li>- What types of models exist for the legalisation of online use of copyright works?</li><li>- How can the public interest shape the scope of protection of copyright?</li><li>- Can and should we legalise non-commercial file sharing and online use in EU copyright law?</li></ul>The book carefully examines these questions in light of EU primary law, relevant directives (with a focus on the InfoSoc Directive), case law (especially that of the CJEU), and legal literature in the field of copyright. The analysis culminates with a proposed blueprint for a compensated limitation for non-commercial individual use that is consistent with EU copyright law.As a thoroughly researched and balanced response to the urgent need to rethink EU copyright law in light of its lack of social acceptance and technological adequacy, this book will be of inestimable value to lawyers, policymakers, and scholars in the field, as well as to interest groups involved in discussions for reform and modernisation of EU digital copyright law."
ENGLISH

Copyright Reconstructed - Rethinking Copyright’S Economic Rights In A Time Of Highly Dynamic Technological And Economic Change

99,38€ + 10% CARD

 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:<ul><li>- digital resale;</li><li>- private copying;</li><li>- hyperlinking and embedding;</li><li>- cable retransmission; and</li><li>- text and data mining.</li></ul>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.
ENGLISH

Future Of The Public Domain - Identifying The Commons In Information Law

by Lucie Guibault e P. Bernt Hugenholtz

257,05€ + 10% CARD

 The presence of a robust public domain is an essential precondition for cultural, social and economic development and for a healthy democratic process. But the public domain is under pressure as a result of the ongoing march towards an information economy. Items of information, which in the `old economy had little or no economic value, such as factual data, personal data, genetic information and pure ideas, have acquired independent economic value in the current information age, and consequently become the object of property rights making the information a tradable commodity. How and to what extent does the commodification of information affect the free flow of information and the integrity of the public domain? Does the freedom of expression and information, guaranteed inter alia in the European Convention on Human Rights, call for active state intervention to `save the public domain? What means both legal and practical are available or might be conceived to guarantee and foster a robust public domain? These were the main questions that were addressed in a major collaborative research project led by the Institute for Information Law of the University of Amsterdam (IViR) in co-operation with the Tilburg Institute for Law, Technology and Society (TILT) of Tilburg University, and funded by ITeR, the Dutch National Program for Information Technology and Law. Thirteen contributions from academia worldwide make up the present book, addressing the future of the public domain from a different angle. In addition, all authors were invited to reflect upon the notion and role of the public domain in the context of information law and policy. Should this concept be limited to that of a `negative image of (intellectual) property protection, i.e. all publicly available information not subject to a property right, and therefore freely (i.e. gratis) available, or should a broader approach be taken, e.g. all information available from public sources at affordable cost? Should information policies be aimed at maximizing the public domain or optimizing information flows? To what extent are these aims congruent? This book takes a broader, `information law oriented approach towards the question of preserving the public domain, in which a wide range of interrelated legal questions converge. Issues treated in this book include: Economic analysis of the public domain Fundamental rights analysis of the public domain Impact of the application of technological protection measures and contractual restrictions on the public domain The impact of the expansion of copyright, database right and patent rights on the public domain The impact of the commodification of private data, government information, indigenous knowledge on the public domain The capacity of the Open Source and Creative Commons Movements to preserve the integrity of the public domain The Future of the Public Domain is an important work for all those interested or involved in the regulation of the knowledge economy. Legal scholars, academic and research institutions, corporate counsel, lawyers, government policymakers and regulators all these and more will benefit enormously from the thoughtful and incisive discussions presented here.
ENGLISH

Copyright, Limitations And The Three-Step Test - An Analysis Of The Three-Step Test In International And Ec Copyright Law

by Martin Senftleben

215,98€ + 10% CARD

 The three-step test - by which limitations on exclusive copyrights are confined to ''certain special cases'' which do not conflict with a ''normal exploitation of the work'' and do not ''unreasonably prejudice the legitimate interests of the author''- is among the most enduring of standards affecting limitations on intellectual property rights. Its field of application is the delicate balance between exclusive rights and sufficient breathing space for the free flow of ideas and information. However, the emerging information society has thrown numerous unforeseen obstacles in the once-clear path of its implementation. Can the traditional balance between grants and reservations of copyright law be recalibrated along the lines of the three-step test in order to meet current and future needs? Controversies over this crucial question - in Europe, the U.S., Australia, and elsewhere, as well as in two significant WTO panels in 2002 - have brought the three-step test into focus, the essential principle governing copyright limitations in the information society. Investigating the development, structure, and function of the three-step test in international copyright law with thoroughness and precision, Copyright, Limitations and the Three-Step Test offers a close and insightful analysis of its continuing utility for the twenty-first century. The book includes: viable restatements of the rationales of copyright protection for the emerging IP environment; new insights into the relationship between copyright protection and copyright limitations; in-depth explanation of the structure and functioning of the three-step test; detailed interpretations of each criterion of the test; discussion of the two WTO panel reports dealing with the test; a proposal for the further improvement of the copyright system and the international rules governing copyright law; detailed information about international conference material concerning the test; and discussion of potential future trends in copyright law. The author provides many examples that demonstrate the test''s impact on different types of limitations, such as private use privileges and the U.S. fair use doctrine. He explains the test''s role in the European Copyright Directive. The detailed examination and explanation of the three-step test will be of extraordinary value to policymakers, judges, and lawyers in the field of intellectual property law seeking to react adequately to the challenges of the digital environment.
ENGLISH

Future Of Copyright In A Digital Environment - Proceedings Of The Royal Academy Colloquium

249,10€ + 10% CARD

 This work is aimed at those with an interest in the challenges to copyright posed by the Internet and the emerging information superhighway. It contains a collection of papers, written by copyright scholars and practitioners.
ENGLISH

Choice Of Law In Copyright And Related Rights - Alternatives To The Lex Protectionis

by Mireille Van Eechoud

192,13€ + 10% CARD

 Nobody denies that the traditional territorial approach to copyright and other intellectual property rights has come under pressure. Yet it persists. Faced with the need to determine the applicable law in cross-border cases, lawyers everywhere wrestle with the implications of the territorial nature of copyright and related rights.In this book Mireille van Eechoud clears the way to the formulation of conflict rules that reflect the purpose of copyright law - to protect creators and stimulate the production and use of information - without reverting to old-fashioned notions of territoriality. She shows how the applicable law can be determined for four distinct legal avenues of intellectual property law:<ul><li>• which exclusive rights exist in an intellectual creation and for how long;</li><li>• who is considered to own such rights;</li><li>• how can these rights be transferred; and</li><li>• what constitutes infringement of copyright and related rights.</li></ul>Mireille van Eechoud shows how, when each of these questions is approached in the light of the different allocation principles used in modern choice of law, a new clarity begins to emerge that promises in time to build a set of conflict rules well suited to the unprecedented copyright and related rights issues that we find so difficult to resolve today. Her in-depth analysis draws in the classic multilateral conventions and treaties, underlying policies, technological and economic developments, utilitarian grounds versus iustice considerations, and issues of infringement in the digital environment.
ENGLISH

Controlling Access To Content - Regulating Conditional Access In Digital Broadcasting

by Natali Helberger

215,98€ + 10% CARD

 Explores the relationship between electronic access control, freedom of expression and functioning competition. Using many examples, this book scrutinizes the interplay between law and technique, and the ways in which broadcasting, telecommunications, and general competition law are inevitably interconnected.
ENGLISH

Copyright And Photographs - An International Survey

321,98€ + 10% CARD

 Until now, very little has been written in English about the protection of photographs. This work provides an overview of the law and history of photograph protection in 16 jurisdictions. Each country chapter provides a survey of the major issues of photographic protection
ENGLISH

Copyright And Electronic Commerce - Legal Aspects Of Electronic Copyright Management

258,38€ + 10% CARD

 The success of electronic commerce has seen an explosion of products on the Internet. This raises concerns about the protection of owners' rights and the danger of piracy and other forms of unauthorized use. This volume collects six studies relating to copyright and electronic commerce.
ENGLISH

Commodification Of Information

321,98€ + 10% CARD

 The dissemination of information via media can have many different and overlapping purposes. This text discusses the reasons why the commodification of this must be carefully scrutinized and puts forward viewpoints from across a broad spectrum.
ENGLISH

Information Law Towards The 21st Century

371,00€ + 10% CARD

 Based on a selection of papers presented at an international conference on information law, this work focuses on three main themes: access to the media market; public and private relationships in the information market; and intellectual property and information technology.
ENGLISH

Copyright Limitations And Contracts - An Analysis Of The Contractual Overridability Of Limitations On Copyright

by Lucie M.C.R. Guibault

261,03€ + 10% CARD

 Focusing on statutory copyright limitations that enshrine constitutional rights this work explains the rationale for these limitations and questions the legality of over riding them by contractual means.
ENGLISH

Data Protection Law - Approaching Its Rationale, Logic And Limits

by Lee A. Bygrave

284,88€ + 10% CARD

 Despite the proliferation of data protection laws (or privacy protection laws) in many countries, uncertainty still reigns as to who or what such laws actually protect. Most data protection laws seem to have been drawn up rather diffusely, with the justification that the huge variety of types of information and specific contexts give rise to a complexity that cannot be guessed at as information technology continues to develop.Nevertheless, as this ground-breaking book demonstrates, it is essential to understand as best we can why data protection laws are passed, what their regulatory mechanisms are, and wherein lies their particular effectiveness. Data Protection Law approaches such an analysis along three major avenues of investigation:<ul><li>• the interests and values that seem to be promoted by data protection laws;</li><li>• the extent to which the processing of information on private collective entities should be regulated by these laws; and</li><li>• the ability of these laws to control profiling practices.</li></ul>The author evaluates in detail the costs and/or gains and the interference (positive or negative) in the commercial, public administrative, and social spheres that data protection laws have the potential to create, with numerous references to legislation and administrative decision making in a wide variety of jurisdictions.Data Protection Law promises to become a cornerstone in the new edifice of legal scholarship in this field. With its penetrating clarification of new and complex legal issues, its focus on interests and values, and its interdisciplinary methodology, it will be of immense usefulness to lawyers, scholars, regulators, and policymakers in this burgeoning area of the law.
ENGLISH

Protecting Works Of Fact

133,83€ + 10% CARD

 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
ENGLISH

Challenges To The Creator Doctrine

by Jacqueline Seignette

190,80€ + 10% CARD

 This study explores cases in which copyright and creatorship do not coincide. It focusses on the situation in the Netherlands, Germany and the United States. It argues that these examples provide a cross-section of what legislation on copyright ownership may look like in the future.
ENGLISH

Securing Private Communications - Protecting Private Communications Security In Eu Law - Fundamental Rights, Functional Value Chains, And Market Incentives

by Axel M. Arnbak

209,35€ + 10% CARD

 It has become glaringly clear that any communicative act online is subject to breach by intelligence agencies, cybercriminals, advertising networks, employers, and corporate data miners, to mention the most obvious intruders. Internet users, seeing no other choice than to hop onto the web-based bandwagon, have come to depend on a networked communications environment that is fundamentally insecure. Now lawmakers worldwide are gearing up to intervene. Arguing for a stricter stance on protecting private communications security, this groundbreaking study offers a conceptual and legislative toolkit leading to a step-by-step regulatory model in EU law. The proposed model is tested in two detailed case studies on HTTPS and cloud communications.From the interlocking perspectives of fundamental rights, systems design, and political organization, the regulatory model proposed is tested on HTTPS, which covers the user-provider relationship in web browsing, and on "cloud" communications that affect interdomain and intradomain communications. The case studies are based on the infamous DigiNotar breach and the MUSCULAR programme disclosed by whistle-blower Edward Snowden and contain original legal, security economics, and computer science research, conducted jointly with scholars trained in these disciplines.Responding to a general positive human right to communications security that is emerging from European fundamental rights law, this book not only provides one of the first interdisciplinary studies to appear in the academic literature on EU communications security law, but also offers broad recommendations to the EU lawmaker and gives directions for future research. It is sure to become a first point of discussion, reference, and legislative action for policymakers and practitioners in Europe and beyond.
ENGLISH

Internet And The Emerging Importance Of New Forms Of Intellectual Property

238,50€ + 10% CARD

 The term ‘intellectual property’ has come to include numerous intangible rights beyond the traditional ‘Big Three’ (patent, trademark and copyright) - rights that force us to reconsider and maybe also change the object and purpose of intellectual property (IP). Not only do these rights generally have less solid normative footing and few if any well understood inherent limits, but the borders of their misappropriation are hard to draw. This groundbreaking book scrutinizes the existence of commonalities in this realm, and poses the question of what risks and advantages accrue to such IP or ‘IP-like’ rights.Sixteen distinguished contributors offer in-depth analyses of such rights as the following:<ul><li>- trade secrets;</li><li>- image and publicity rights;</li><li>- geographical indications;</li><li>- traditional knowledge;</li><li>- protection of databases; and</li><li>- sports rights and ambush marketing.</li></ul>Recommendations and solutions investigated include the use of specialized courts or judges and of private standards. There are also thoughtful considerations of practices such as forum-shifting and an analysis of the special value of evolving Chinese law as a ‘norm laboratory’. Two chapters discuss the complexities of enforcement. Enforcement impacts substantive intellectual property and can be said to be its own ‘form’ of IP.Practitioners, judges, academics, and policymakers will all welcome this work and value it highly. Its contributors collectively take a giant step toward clarifying and synthesizing one of the most baffling areas of current law both internationally and at national level around the globe.
ENGLISH

European Intermediary Liability In Copyright: A Tort-Based Analysis - A Tort-Based Analysis

by Christina Angelopoulos

188,15€ + 10% CARD

 In step with its rapid progress to the centre of modern social, political, and economic life, the internet has proven a convenient vehicle for the commission of unprecedented levels of copyright infringement. Given the virtually insurmountable obstacles to successful pursuit of actual perpetrators, it has become common for intermediaries -providers of internet-related infrastructure and services - to face liability as accessories. Despite advances in policy at the European level, the law in this area remains far from consistently applicable. This is the first book to locate and clarify the substantive rules of European intermediary accessory liability in copyright and to formulate harmonised European norms to govern this complicated topic.With a detailed comparative analysis of relevant regimes in three major Member State jurisdictions - England, France, and Germany - the author elucidates the relationship between these rules and the demands of EU law on fundamental rights and the principles of European tort law. She clearly presents the interrelations between such areas as the following:<ul><li>- accessory liability in tort;</li><li>- joint tortfeasance;</li><li>- European fault-based liability: fault, causation, defences;</li><li>- negligence;</li><li>- negligence balancing: rights-based or utility-based?;</li><li>- Germany’s "disturbance liability" (Störerhaftung);</li><li>- fair balance in human rights;</li><li>- end-users’ fundamental rights;</li><li>- The European Commission’s 2015 Communication on a Digital Single Market Strategy for Europe;</li><li>- The E-Commerce Directive and other relevant provisions;</li><li>- Safe harbours: mere conduit, caching, hosting;</li><li>- Intermediary actions: monitoring, filtering, blocking, removal of infringing content; and</li><li>- application of remedies: damages and injunctions.</li></ul>The strong points of each national system are highlighted, as are the commonalities between them, and the author uses these to build a proposed harmonised European framework for intermediary liability for copyright infringement. She concludes with suggestions for the future possible integration of the proposed framework into EU law.The issue of the liability of internet intermediaries for third party copyright infringement has entered into the political agenda across the globe, giving rise to one of the most complex, contentious, and fascinating debates in modern copyright law. This book offers an opportunity for a re-conceptualisation and rationalisation of the applicable law, in a way which additionally better accounts for the cross-border nature of the internet. It will be of inestimable value to many interested parties - lawyers, internet intermediaries, NGOs, policymakers, universities, libraries, researchers, lobbyists - in matters regarding the information society.
ENGLISH

Copyright In The Age Of Online Access - Alternative Compensation Systems In Eu Law

by Joao Pedro Quintais

165,63€ + 10% CARD

 "In addition to proving virtually impossible, online enforcement of copyright may be undesirable because it risks encroaching upon fundamental rights and freedoms. However, the problem remains that creators are often not fairly remunerated for the online use of their works. This book addresses the urgent need to study pragmatic legal solutions that enable Internet users to access works in the digital environment, while assuring remuneration to rights holders and promoting the development of the information society. This study examines legalisation schemes that favour remunerated access over exclusivity and enforcement for large-scale online use by individuals. It investigates whether and to what extent these schemes (referred to as alternative compensation systems) are admissible under EU copyright law and consistent with its objectives, responding to such questions as the following in depth:<ul><li>- What existing copyright schemes provide an alternative to the exclusive right in copyright law?</li><li>- What online rights apply to the activities of Internet users?</li><li>- What types of models exist for the legalisation of online use of copyright works?</li><li>- How can the public interest shape the scope of protection of copyright?</li><li>- Can and should we legalise non-commercial file sharing and online use in EU copyright law?</li></ul>The book carefully examines these questions in light of EU primary law, relevant directives (with a focus on the InfoSoc Directive), case law (especially that of the CJEU), and legal literature in the field of copyright. The analysis culminates with a proposed blueprint for a compensated limitation for non-commercial individual use that is consistent with EU copyright law.As a thoroughly researched and balanced response to the urgent need to rethink EU copyright law in light of its lack of social acceptance and technological adequacy, this book will be of inestimable value to lawyers, policymakers, and scholars in the field, as well as to interest groups involved in discussions for reform and modernisation of EU digital copyright law."
ENGLISH

Copyright Reconstructed - Rethinking Copyright’S Economic Rights In A Time Of Highly Dynamic Technological And Economic Change

99,38€ + 10% CARD

 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:<ul><li>- digital resale;</li><li>- private copying;</li><li>- hyperlinking and embedding;</li><li>- cable retransmission; and</li><li>- text and data mining.</li></ul>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.
ENGLISH

Sports Law In Ireland

by Laura Donnellan

OUT OF STOCK OR NOT AVAILABLE
ENGLISH

Sports Law In China

by Chun Shen, Feng Wu, Jing Xia, Junxin Kang, Shuiqing Liu e Yang Chen

OUT OF STOCK OR NOT AVAILABLE
ENGLISH

Religion And Law In The Czech Republic

by Jiriâ Rajmund Tretera

OUT OF STOCK OR NOT AVAILABLE
Loading results...

View more results