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Copyright and Fundamental Rights in the Digital Age: A Comparative Analysis in Search of a Common Constitutional Ground

Copyright and Fundamental Rights in the Digital Age: A Comparative Analysis in Search of a Common Constitutional Ground

  • 作者:
  • 出版商: Edward Elgar Publishing
  • ISBN: 9781788113878
  • 出版时间 October 2020
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
RM776.63
发货时间:大约 4-5 weeks
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  • 描述 
  • 大纲 
  • 详细

    This timely and thought-provoking book explores how the protection of copyright in the digital age requires a reconsideration of how this is balanced with other fundamental rights and freedoms. Analysing the impact of the rise of digital technologies and the internet on copyright regimes, it particularly focuses on the effects of recent reforms to the EU's legal framework for the protection and enforcement of copyright. Taking a comparative approach, contributions from both leading and emerging scholars offer a variety of perspectives and methodologies through which to examine copyright law in the context of the digital economy. They investigate issues such as the relationship between private and public enforcement mechanisms, the parallels and divergences between US and European approaches, and the influence of the Court of Justice of the EU and the European Court of Human Rights on national courts and the European legal regime.

    Scholars of comparative and European law, as well as those with a particular interest in copyright in the context of digital technologies will find this an essential read. It will also prove useful to practitioners looking to understand recent trends in the interpretation of the EU legal framework around copyright.

  • Introduction
    1. Oreste Pollicino
    Giovanni Maria Riccio, Marco Bassini
    2. 'Speaking truth to power': copyright and the control of speech
    Fiona Macmillan
    3. Copyright strengthened by the Court of Justice interpretation of Article 17(2) of the EU Charter of Fundamental Rights
    Alain Strowel
    4. Regulating with rights proportionality? Copyright, fundamental rights and internet in the case law of the Court of Justice of the European Union
    Tuomas Mylly
    5. Copyright and fundamental rights in European Court of Human Rights case law
    Oleg Soldatov
    6. Cultural rights, cultural diversity and the EU's copyright regime: the battlefield of exceptions and limitations to protected content
    Evangelia Psychogiopoulou
    7. The influence of the Court of Justice of the European Union on national courts in copyright cases
    Giovanni Maria Riccio
    8. US and EU: diverging or intertwined paths?
    Maria Lilla Montagnani and Alina Trapova
    9. From private enforcement to public enforcement. Copyright enforcement in the digital age: a comparative overview
    Giorgio Giannone Codiglione and Marco Bassini Index

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