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This significantly revised and updated second edition builds upon the authoritative foundations of the first edition. It addresses the rapid development of EU copyright law in relation to the advancement of new technologies, the need for a borderless digital market and the considerable number of EU legal instruments enacted as a result. Alongside full legislative analysis and article-by-article commentary, the Commentary illustrates the underlying basic principles of free movement and non-discrimination. It provides insights into the influence of copyright on other areas of EU policy, including telecoms and bilateral trade agreements. This unique Commentary describes and analyses each EU directive in turn and discusses anticipated future challenges, utilising a clear structure to enable the reader to navigate the Commentary effectively. Written by a team of leading experts in the field, this Commentary combines theory and practice to tackle the role of copyright in society and the economy, making this a key resource for academics, researchers, practitioners and policymakers in copyright and comparative law.
This important Research Handbook offers a comprehensive analysis of the intersections between intellectual property (IP) and cultural heritage law. It explores and compares how both have evolved and sometimes converged over time, how they increased tremendously in significance, as well as in economic value, despite the fact that the former mainly pertains to the private sphere, whilst the latter is considered a 'common good'. Featuring an excellent combination of contributions from leading experts, chapters offer insights into relevant cutting-edge issues that still remain unsettled. Divided into three main parts, it focuses on how IP can work as a tool for cultural heritage protection and, in particular, intangible cultural heritage, and discusses the politics and policies in this area, including whether such protection is fit for purpose. The final section explores special issues of intersection between the two, making it relevant to cultural heritage institutions such as museums, galleries, auction houses, libraries, and platforms, including issues of cultural heritage and IP management. Encompassing the latest developments and debates in the area, this Research Handbook will be key reading for academics, postgraduate students, and researchers in the fields of cultural heritage and art law, cultural heritage management, and intellectual property law. It will also be relevant for practitioners, policymakers, cultural heritage institutions, and content platforms.
This invaluable book, for the first time, brings together the international and European Union legal framework on cultural property law and the restitution of cultural property. Drawing on the author?s extensive experience of international disputes, it provides a very comprehensive and useful commentary.Theories of cultural nationalism and cultural internationalism and their founding principles are explored. Irini Stamatoudi also draws on soft law sources, ethics, morality, public feeling and the role of international organisations to create a complete picture of the principles and trends emerging today.This book will be highly useful to academics, postgraduate students, practitioners and policy makers in the field of cultural heritage or cultural property law. It will also be of great interest to those researching in the areas of museum studies or cultural diplomacy.
Although copyright enforcement has always been a controversial issue, it took the advent of the Internet to raise a fundamental challenge to its very raison d'etre. Legislative activity in this area during recent years clearly demonstrates the extent to which enforcement has been brought to the forefront of attention, as owners of copyrights find themselves trying to supersede the limitations of law in order to respond effectively to the reproductive power of new technologies. This timely collection of essays by European and international authorities in the field of copyright law presents a variety of valuable perspectives on the multitude of issues arising in respect of copyright enforcement on the Internet, including the following: − the collection of evidence for allegation of infringement; − identifying the infringer; − jurisdiction and the recognition and enforcement of judgments; − liability of Internet service providers; − balancing copyright, data protection, and privacy; − considerations of social policy and human rights; − cost and efficiency of data availability on the Internet; − exchanges of information and mutual assistance among enforcement authorities; − criminal liability on the Internet; − combating piracy in the digital environment; and − prospects for a common regulatory framework. Most of the existing European Union and international policies are considered in some depth, and the authors also discuss a variety of national laws and initiatives, technical measures, and the soft law and hard law models that have been proposed. In the years to come, as more and more lawyers are confronted with issues involving copyright inforcement on the Internet, this book's value as a springboard to the informed future development of this area of legal theory and practice will become more evident. For this reason, as well as for its richly detailed treatment of trends and current reality in the field, it is sure to be read and put to good use by business people, international lawyers, government officials, and interested academics in all parts of the world.parts of the world.
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