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Pluralism or Universalism in International Copyright Law

Pluralism or Universalism in International Copyright Law

  • 作者:
  • 出版商: Kluwer Law International
  • ISBN: 9789403503554
  • 出版时间 October 2019
  • 规格: Hardback
  • 适应领域: International ? 免责申明:
    Countri(es) stated herein are used as reference only

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  • 描述 
  • 大纲 
  • 详细

    About this book:
    Pluralism or Universalism in International Copyright Law deals with the contemporary evolutions of copyright law under a comparative and international copyright law perspective. In a world where powerful intermediaries such as Google and Facebook are de facto regulators of the communication of copyright-protected works, the democratization of access to content has both substantially expanded the availability of new markets and dramatically increased copyright infringements. Does this mean that the long-sought ideal of a “universal” copyright regulation, which would harmoniously combine effective protection of intellectual creations with public interest goals, is a lost cause? Taken together, the contributions to this insightful and thoroughly researched book suggest that despite the prevailing labyrinthine mosaic of divergent national responses to fragmentation at international level, the foundations of a universal approach can be found in the interaction of regional, national and international copyright law instruments when responding to current and emerging technologies.

    What’s in this book:
    Emphasizing the adaptation of copyright law to the needs of the information society, this volume provides critical approaches by leading copyright scholars on whether pluralism or universalism is the appropriate path to follow for the development of international copyright law. The authors deal with such issues and topics as the following:

    • the application of core copyright law principles worldwide;
    • authorship, rights and exceptions in the international copyright acquis;
    • Internet copyright enforcement;
    • global collective management of copyright;
    • copyright contracts;
    • database and design rights;
    • intermediary liability;
    • the global reach of the U.S. Fair Use doctrine;
    • World Intellectual Property Organization’s role and strategy in international copyright lawmaking; and
    • bilateral trade and investment agreements involving copyright.

    Specific evolutions and emerging trends in national and regional digital copyright laws are analyzed and assessed as they have developed in the European Union, the United States, Canada and Australia, as well as in several Asian and African countries. Throughout, attention is paid to compatibility with the Berne Convention, the perceived core of copyright law in the international copyright acquis, and the key question of the balancing of copyright law with fundamental rights from an international and comparative law perspective.

    How this will help you:
    As a comprehensive analysis of how core copyright law concepts and principles function in today’s fragmented copyright legal system, this book has no peers. Its detailed treatment of numerous specific instruments and regimes, as well as its insightful approaches to the future of international copyright lawmaking, will prove to be of immeasurable value to lawyers, judges, policymakers, academics and researchers working in the field of copyright law.

  • Editor

    Contributors 

    List of Abbreviations

    Acknowledgments 

    Introduction
    Tatiana Eleni Synodinou 

    Part I
    Regional Copyright Law Harmonization

    Chapter 1
    EU, BC, WCT: The Compatibility of EU Copyright Law with the International Acquis in the Berne Convention, TRIPS and WCT
    Antoon A. Quaedvlieg 

    Chapter 2
    The Creeping Unification of Copyright in Europe
    P. Bernt Hugenholtz 

    Chapter 3
    Globalization of Collective Rights Management and the Role of National CMOs
    Rudolf Leška

    Chapter 4
    US (Non)Compliance with Its International Copyright Obligations under Berne, TRIPS and the 1996 WIPO Copyright Treaties
    Jane C. Ginsburg 

    Chapter 5
    Is the US Fair Use Doctrine Compatible with Berne and TRIPS Obligations?
    Pamela Samuelson & Kathryn Hashimoto

    Chapter 6
    The Compatibility of Canada’s Copyright Law with the Berne Convention
    Ysolde Gendreau 

    Chapter 7
    Evolutions of Copyright Law in Africa: Compatibility with International Norms and Directions
    Marisella Ouma 

    Chapter 8
    Copyright Pluralism or Universalism in the Digital Knowledge Economy in Asia and Australasia
    Daniel Seng & Shaun Lim 

    Chapter 9
    Bilateral Trade and Investment Agreements and the Harmonization of Copyright Law at International Level: Lessons to Be Learned from the TTIP
    Christophe Geiger 

    Part II
    Pluralism or Universalism in International Copyright Law Making

    Chapter 10
    Berne Convention: The Epicenter of Universalism or the Contrary?
    Dionysia Kallinikou 

    Chapter 11
    Universality or Diversity? The WIPO Role and Strategy in International Copyright Lawmaking
    Jørgen Blomqvist

    Chapter 12
    Toward a New Berne Convention
    Daniel Gervais 

    Chapter 13
    Pluralism and Universalism in International Copyright Law: The Role of an International Acquis
    Graeme B. Dinwoodie 

    Part III
    International Copyright Law Acquis 

    Chapter 14
    The Author’s Exclusive Rights According to the Berne Plus-Plus Copyright Framework, Their Adaptation to New Technical and Societal Challenges and the Limits of Such Adaptation
    Michel M. Walter 

    Chapter 15
    The Moral Interests of Authors as Universal Signs of the Law of Autonomy: And Their Plural Recognition Within or Outside Copyright Law
    Alain Strowel 

    Chapter 16
    Toward an International Common Core of Exceptions and Limitations?
    Raquel Xalabarder 

    Chapter 17
    International Fragmentation of Copyright Duration: The Only Place Where the Little Prince and Anne Frank Grow Old
    Séverine Dusollier 

    Part IV
    Global Copyright Enforcement in the Digital Era 

    Chapter 18
    Intermediary Liability in a Global World
    Matthias Leistner

    Chapter 19
    How Europe Wants to Redefine Global Online Copyright Enforcement
    Martin Husovec 

    Chapter 20
    Dangers and Challenges of Copyright Law’s Segmentation in the Digital Era from a Private International Law Perspective
    Paul L.C. Torremans 

    Part V
    Gaps in the International Copyright Law Acquis 

    Chapter 21
    Authorship in International Copyright Law
    Tatiana Eleni Synodinou 

    Chapter 22
    Nonoriginal Databases and Works of Applied Art as Nonharmonized Matter in International Copyright Law: What Lessons Can Be Learned?
    Estelle Derclaye 

    Chapter 23
    Copyright Contract Law
    Agnès Lucas-Schloetter 

    Chapter 24
    Soft Law: A Plural Right, Open to Universality? The Example of the Fight Against Counterfeiting
    Alexandra Bensamoun 

    Part VI
    Human Rights and International Copyright Law 

    Chapter 25
    Universalism, Pluralism or Isolationism? The Relationship Between Authors’ Rights and Creators’ Human Rights
    Jonathan Griffiths 

    Chapter 26
    Access to Works Protected by Copyright Law
    Philippe Jougleux

    Chapter 27
    Universal Measures in the Service of Global Challenges: Proportionality, Blocking Orders, and Online Intermediaries as Hybrid Bodies
    Orit Fischman Afori 

    Table of Cases 

    Index

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