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Federica Giovanella examines the on-going conflict between
copyright and informational privacy rights within the judicial
system in this timely and intriguing book. Adopting a comparative
approach focusing on the United States, Canada and Italy, Dr
Giovanella skilfully explores the strategies through which judges
solve conflicts between Internet users' data protection and
copyright holders' enforceable rights. Using research centred on a
selection of lawsuits in which copyright holders attempted to
enforce their rights against Internet users suspected of illegal
file-sharing, this book analyses the cases and regulatory
frameworks concerning both privacy and copyright. Copyright and
Information Privacy demonstrates that these decisions were
ultimately the by-products of different policy conceptions of the
two conflicting rights. Whilst providing a comprehensive analysis
of the conflict between copyright and data protection, this book
also stimulates the debate surrounding the role that judges have in
balancing conflicting rights, and examines their reasoning in
resolving such conflict, taking into consideration the process of
conceptual balancing. Perceptive and contemporary in topic, this
book will be beneficial to both scholars and students of
intellectual property, privacy, and comparative law.
This book focuses on the thorny and highly topical issue of
balancing copyright in the digital age. The idea for it sprang from
the often heated debates among intellectual property scholars on
the possibilities and the limits of copyright. Copyright law has
been broadening its scope for decades now, and as a result it often
clashes with other rights (frequently, fundamental rights), raising
the question of which right prevails. The papers represent the
product of intensive research by experts, who employ rigorous
interpretative methodologies while keeping an eye on comparison and
on the impacts of new technologies on law. The contributions
concentrate on the "propertization" of copyright; on the principle
of exhaustion of the distribution right; on the conflict between
users' privacy and personal data needs; and on the balance between
copyright and academic freedom. Starting from the difficulties
inherently connected to the difficult task of balancing rights that
respond to opposing interests, each essay analyzes techniques and
arguments applied by institutional decision-makers in trying to
solve this dilemma. Each author applies a specific methodology
involving legal comparison, while taking into account the European
framework for copyright and related rights. This work represents a
unique piece of scholarship, in which a single issue is read
through different lenses, demonstrating the need to reconcile
copyright with other fundamental areas of law.
This book focuses on the thorny and highly topical issue of
balancing copyright in the digital age. The idea for it sprang from
the often heated debates among intellectual property scholars on
the possibilities and the limits of copyright. Copyright law has
been broadening its scope for decades now, and as a result it often
clashes with other rights (frequently, fundamental rights), raising
the question of which right prevails. The papers represent the
product of intensive research by experts, who employ rigorous
interpretative methodologies while keeping an eye on comparison and
on the impacts of new technologies on law. The contributions
concentrate on the "propertization" of copyright; on the principle
of exhaustion of the distribution right; on the conflict between
users' privacy and personal data needs; and on the balance between
copyright and academic freedom. Starting from the difficulties
inherently connected to the difficult task of balancing rights that
respond to opposing interests, each essay analyzes techniques and
arguments applied by institutional decision-makers in trying to
solve this dilemma. Each author applies a specific methodology
involving legal comparison, while taking into account the European
framework for copyright and related rights. This work represents a
unique piece of scholarship, in which a single issue is read
through different lenses, demonstrating the need to reconcile
copyright with other fundamental areas of law.
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