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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Communications law
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Defences to Copyright Infringement - Creativity, Innovation and Freedom on the Internet (Hardcover)
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Defences to Copyright Infringement - Creativity, Innovation and Freedom on the Internet (Hardcover)
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Defences to copyright infringement have gained increased
significance over the past twenty years. The fourth industrial
revolution emerged with the development of innovative copy-reliant
services and business models, which have transformed the way in
which copyright works can be used and re-used, spanning from
digital learning methods, to mass digitization initiatives, media
monitoring services, image transformation tools or content-mining
technologies. The lawfulness and legitimacy of such innovative
services and business methods, that arguably have the potential to
enhance public welfare, is dubious and challenges copyright law. EU
copyright contains diverse, yet specifically enumerated, narrowly
drafted, and strictly interpreted defensive rules, often taking the
form of the so-called exceptions and limitations to copyright. In
addition, defendants may also deny liability by attacking one or
more of the elements of infringement, by bringing forward for
instance claims negating copyright subsistence or the scope of
copyright protection. Because the fourth industrial revolution
comes with the promise of innovation and business growth, which are
stated objectives of EU copyright, it invites an examination of
defensive rules as an organic whole. This book adopts such a
holistic approach in its exploration of the limits of
permissibility under EU copyright, including not only legislatively
mentioned exceptions and limitations but also doctrinal principles
and external to copyright rules with a view to unveil possible gaps
and overlaps, offering a novel classification of defensive rules,
and evaluating the adaptability of the law towards technological
change. Discussing recent legislative developments, such as the
provisions of the Digital Single Market Directive, and case law
from the Court of Justice, and bringing insights from an extensive
set of national laws and cases, this book tells the story of
copyright from the perspective of copyright defences, offering both
positivist and normative insights into law and doctrine and arguing
towards a principle-based understanding of the scope of defences
that could inform future law and policy making.
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