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EU Copyright Law
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EU Copyright Law

A Commentary

9781781952429 Edward Elgar Publishing
Edited by Irini Stamatoudi, LL.M., Ph.D., Attorney at Law and Paul Torremans, Professor of Intellectual Property Law, School of Law, University of Nottingham, UK
Publication Date: 2014 ISBN: 978 1 78195 242 9 Extent: 1,288 pp
Presenting a comprehensive and up to date article-by-article analysis of all EU law in the area of copyright, as well as of the underlying basic concepts and principles, this unique book takes into account all recent legislative amendments and pending initiatives in the context of the EU Digital Agenda, as well as the case law of the Court of Justice of the European Union. Published as part of the Elgar Commentaries series, it discusses challenges for the future that will underpin copyright in the years to come. It also presents ongoing discussions in WIPO and assesses the role of copyright in society and economy both from an EU and an international perspective. It is a thorough and in-depth analysis from a team of leading experts in the field, which combines aspects of theory and practice and places copyright in perspective.

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This authoritative reference work presents comprehensive article-by-article commentary on each of the EU Directives in the field of copyright, as well as analysis of the underlying basic concepts and principles such as free movement and non-discrimination.

Published as part of the Elgar Commentaries series, this unique book describes and analyses each EU directive in turn, taking into account all recent legislative amendments and pending initiatives in the context of the EU Digital Agenda, as well as the case law of the Court of Justice of the European Union. With a clear structure allowing readers to navigate quickly to a specific point, the book not only sets out the law, but boldly discusses challenges for the future that will underpin copyright in the years to come. It also presents ongoing discussions in WIPO and assesses the role of copyright in society and economy both from an EU and an international perspective.

EU Copyright Law is a seminal commentary work from a team of leading experts in the field combining aspects of theory and practice and placing copyright in perspective. It will be an indispensable reference tool for academics, researchers, practitioners and policymakers in copyright law and comparative law.



Critical Acclaim
‘Comprehensive and up-to-date, this collection of contributions on EU copyright law signals the emergence of a truly European body of legal commentary on copyright law. The authors, many of them very distinguished, hail from 9 different Member States. As a result, the book contains a wealth of references not only to EU authorities but also to national laws and decisions. Moreover, in addition to covering general principles of European copyright, and analyzing each copyright Directive, the book examines future prospects for copyright in the EU.’
– Jane Ginsburg, Columbia Law School, US

‘Overall, this reference book is a valuable companion to all those active in the area of copyright, whether academics, practitioners or industry lobbyists. Importantly, it manages to bring some order to an area which over the past few years has been perceived us anything but tidy, thus making, among other things, the approach to EU copyright less intimidating than has so far been the case for most neophytes.’
– Eleonora Rosatf, European Intellectual Property Review

‘In sum, the book under review is very well written and it is undoubtedly a work of reference on EU copyright law. The editors and authors went beyond an updated explanation of the rules, concepts and principles of EU copyright law, offering discussions that are accessible for beginners and, at the same time, highly recommended to scholars, lawyers, and policy makers.’
– Common Market Law Review

Contributors
Contributors: G. Davies, E. Derclaye, B. Farrand, A. Firth, M.M. Frabboni, J. Gaster, C. Geiger, J. Griffiths, L. Guibault, M.-C. Janssens, N. Klass, A. Lucas-Schloetter, G. Minero, S. Nérisson, J. Rosén, H. Rupp, C. Sappa, F. Schönherr, I. Stamatoudi, A. Strowel, U. Suthersanen, P. Torremans, B. Ubertazzi, O. Vrins
Contents
Contents:

Introduction

PART I: GENERAL PRINCIPLES OF EUROPEAN COPYRIGHT
1. Is There a Concept of European Copyright Law? History, Evolution, Policies and Politics and the Acquis Communautaire
Agnès Lucas-Schloetter

2. The Principle of Non-Discrimination
Cristiana Sappa

3. The Principle of Free Movement of Goods – Community Exhaustion and Parallel Imports
Benedetta Ubertazzi

4. The Essential Facilities Principle and Other Issues of Competition
Alison Firth

PART II: THE EU DIRECTIVES
5. The Software Directive
Marie-Christine Janssens

6. The Rental and Lending Rights Directive
Sylvie Nérisson

7. The Satellite and Cable Directive
Jan Rosén

8. The Term Directive
Gemma Minero

9. The Database Directive
Estelle Derclaye

10. The Resale Right Directive
Jens Gaster

11. The Information Society Directive
Christophe Geiger, Franciska Schönherr (articles 5 and 6(4)), Irini Stamatoudi and Paul Torremans

12. The Enforcement Directive
Irini Stamatoudi

13. The Orphan Works Directive
Uma Suthersanen and Maria Mercedes Frabboni

14. The Draft Collective Management Directive
Lucie Guibault

PART III: EU POLICIES AND ACTIONS
15. The EU Policies and Actions in the Fight Against Piracy
Olivier Vrins

16. Europeana, Arrow and Orphan Works: Bringing Europe’s Cultural Heritage Online
Nadine Klass and Hajo Rupp

17. The Digital Agenda for Europe, the Economy and its Impact Upon the Development of EU Copyright Policy
Benjamin Farrand

18. Intellectual Property and the EU Rules on Private International Law: Match or Mismatch?
Paul Torremans

PART IV: PRESENT AND FUTURE OF COPYRIGHT IN THE EUROPEAN UNION
19. The EU Stance in International Matters
Gillian Davies

20. The Role of the Court of Justice in the Development of European Union Copyright Law
Jonathan Griffiths

21. Towards a European Copyright Law: Four Issues to Consider
Alain Strowel

22. Conclusion

Index

This title is available for institutional purchase via Elgaronline.

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