EU Digital Copyright Law and the End-User
Springer Science & Business Media, 19. velj 2008. - Broj stranica: 374
This book draws on the contents of the Ph. D. dissertation I wrote and defended at the European University Institute (EUI) of Florence. At the beginning of my - search, I did not expect to write a book on the intersection between copyright law and digital technologies and, in particular, on the implications that digitisation presents for the interests of users of copyrighted works. At that time, I was neither an expert on new technologies nor an avid user who viewed the Internet as a “no copyright land” where anyone should download whatever content for free. Before graduating from the University of Perugia School of Law, I had established myself as a clarinet player who performed mostly chamber music and the symphonic r- ertoire. I had also worked extensively as a radio speaker, music critic and writer with the Italian public broadcaster RAI-Radio3. In performing all these mus- related activities, I developed a considerable interest for copyright issues and, when choosing my dissertation topic, I immediately opted for a work on copyright law that examined the economic rights of music performers under the Italian and the EU legal systems. I was very curious to see how and to what extent the law sought to protect the subtle, particular kind of creativity and originality embodied in musical performances. That was my first step towards writing a book on co- right law.
copyright system 6 1 4 New kinds of transformative use 9 1 5 Nontransformative use 10 1 6 The structure of the book 12 2 The impact of digitisatio...
Copyright harmonisation according to technological dictates
The legal treatment of copyright exceptions under secondary EU law
general policy issues under the EC Treaty 111 5 1 Introduction 111
Freedom of use vs DRM Technology
7 6 2 Policy options for the accommodation of cumulative creativity 219 7 6 2 1 Creating an exception of fair circumvention 220 7 6 2 2 Creating a ...
Copyright policy alternatives for preserving enduser freedom
towards a better EU copyright law 285
Directive 200129EC of the European Parliament
Ostala izdanja - Prikaži sve
accordance activities acts adoption allow anti-circumvention apply Article 6(4 authors Code collective Commission Community concerning concluded considered consumer contract copyright exceptions copyright law copyright owners Court created Creative decision designed devices distribution downloads DRM systems DRM technology economic effective enable end-users enforcement ensure established European exclusive right exemption exercise exploitation expression fair file-sharing freedom French given harmonisation implementation InfoSoc Directive infringement intellectual property interests Internet interoperability legislation levy liability licence limited materials means measures Member networks objective on-line op.cit operation original parties peer-to-peer permitted pointed possible preserved private copying production proposal protection referred regard regulation reproduction requirement respect restrictions result rights management scope specific standard statutory supra technical tion transformative Treaty unauthorised users
Stranica 140 - ... the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work.
Stranica 238 - Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law. The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other...
Stranica 233 - Freedom of expression 1 Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
Stranica 55 - The following shall be prohibited as incompatible with the common market: all agreements between undertakings, decisions by associations of undertakings and concerted practices which may affect trade between Member States and which have as their object or effect the prevention, restriction or distortion of competition within the common market...
Stranica 234 - The Union shall respect fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950 and as they result from the constitutional traditions common to the Member States, as general principles of Community law.
Stranica 363 - Directive 2001/20/EC of the European Parliament and of the Council of 4 April 2001 on the Approximation of the Laws, Regulations and Administrative Provisions of the Member States Relating to the Implementation of Good Clinical Practice in the Conduct of Clinical Trials on Medicinal Products for Human Use', Official Journal of the European Communities 1.5.2001 L 121/34.
Stranica 49 - The internal market shall comprise an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured in accordance with the provisions of this Treaty.
Stranica 34 - Directive on the harmonisation of certain aspects of copyright and related rights in the Information Society, 10 December 1997, COM (1997) 628 final, art.