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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.
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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