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The Right of Communication to the Public in EU Copyright Law

The Right of Communication to the Public in EU Copyright Law

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509920655
  • 出版时间 May 2019
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Paperback Edition ISBN: 9781509946181
¥998.75
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  • 描述 
  • 大纲 
  • 详细

    This monograph conducts a comprehensive analysis of the EU right of communication to the public, one of the exclusive rights under EU copyright law, and provides an alternative framework for its interpretation and application. The present state of the law is unsatisfactory; there is uncertainty in the acquis communautaire and courts at the EU and domestic levels have struggled to apply the right. Therefore, the book identifies the problems with the existing right of communication to the public and proposes recommendations for reform.

    In addition to reforming the scope of the right of communication to the public, the issues of jurisdiction and applicable law in relation to the right are also analysed and changes recommended. Thus, the book covers both the scope and practical elements to facilitate a coherent and effective reform of the communication to the public right; in light of the continuing development and accompanying tribulations with the communication to the public right at the EU level, this book provides a highly topical and timely analysis that will be of interest to academics working on EU copyright law.

  • I. Subject-Matter
    II. Significance and Contribution
    III. Structure
    IV. Scope
    I. Subject-Matter
    II. Significance and Contribution
    III. Structure
    IV. Scope
    1. Justifying EU Copyright Law: Constructing a Normative Framework for the Right of Communication to the Public
    I. Introduction
    II. Constructing a Normative Framework for the EU Right of Communication to the Public
    III. Proportionality
    IV. Certainty
    V. Conclusion – Developing the EU Right of Communication to the Public
    2. Journey from Rafael Hoteles to Renckhoff : Exploring the EU Right of Communication to the Public
    I. Introduction
    II. Making Sense of the EU Communication to the Public Right
    III. Understanding the Legal Reasoning of the CJEU in the Communication to the Public Cases
    IV. Conclusion
    3. The Problems with the Right of Communication to the Public
    I. Introduction
    II. Broad Interpretation
    III. 'Communication'
    IV. The Making Available Aspect
    V. Reception in Public
    VI. 'New Public'
    VII. 'Knowledge' and 'for Profit'
    VIII. Conclusion
    4. Structuring the Reformed Right of Communication to the Public Under EU Copyright Law
    I. Introduction
    II. The Reformed Right of Communication to the Public
    III. Reconciling the Reformed Right with the Existing Copyright Framework
    IV. Completing the Harmonisation of the Communication to the Public Right
    V. Conclusion
    5. Locating and Establishing Responsibility for the Act of Communication to the Public
    I. Introduction
    II. Where Does the Act of Communication to the Public Occur?
    III. Conclusion
    6. Enforcing the Reformed Right of Communication to the Public: Choice of Jurisdiction
    I. Introduction
    II. Establishing Jurisdiction in EU Copyright Cases – The Current Approach
    III. Establishing Jurisdiction for the Reformed Communication to the Public Right
    IV. Conclusion
    7. Enforcing the Reformed Right of Communication to the Public: Choice of Applicable Law
    I. Introduction
    II. Establishing Applicable Law in EU Copyright Cases – The Current Approach
    III. Establishing Applicable Law for the Reformed Communication to the Public Right
    IV. Conclusion
    8. Applying the Reformed Right of Communication to the Public: Case Studies
    I. Introduction
    II. Rafael Hoteles – Acts of Cable Retransmission
    III. FAPL v QC Leisure – Acts of Reception in Public
    IV. ITV v TVCatchup – Acts of Internet Retransmission ('Simulcasting')
    V. Svensson – Hyperlinks
    VI. GS Media – Hyperlinks
    VII. Filmspeler – Media Players
    VIII. Ziggo – Torrent Files
    IX. VCAST – Time Shifting
    X. Embedded Hyperlinks
    XI. Direct to Download Hyperlinks
    XII. Circumventing Access Restrictions
    XIII. Conclusion
    Conclusion
    I. The Recommendations
    II. Implications
    III. Final Comments

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