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Copyright and Fundamental Rights in the Digital Age

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Copyright and Fundamental Rights in the Digital Age

A Comparative Analysis in Search of a Common Constitutional Ground

9781788113878 Edward Elgar Publishing
Edited by Oreste Pollicino, Full Professor of Constitutional Law and Media Law, Bocconi University, Giovanni Maria Riccio, Professor of Comparative Copyright Law, University of Salerno and Marco Bassini, Postdoctoral Researcher in Constitutional Law and Adjunct Lecturer of IT Law, Bocconi University, Italy
Publication Date: October 2020 ISBN: 978 1 78811 387 8 Extent: c 288 pp
This timely and thought-provoking book explores how the protection of copyright in the digital age requires a reconsideration of how this is balanced with other fundamental rights and freedoms. Analysing the impact of the rise of digital technologies and the Internet on copyright regimes, it particularly focuses on the effects of recent reforms to the EU’s legal framework for the protection and enforcement of copyright.

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This timely and thought-provoking book explores how the protection of copyright in the digital age requires a reconsideration of how this is balanced with other fundamental rights and freedoms. Analysing the impact of the rise of digital technologies and the Internet on copyright regimes, it particularly focuses on the effects of recent reforms to the EU’s legal framework for the protection and enforcement of copyright.

Taking a comparative approach, contributions from both leading and emerging scholars offer a variety of perspectives and methodologies through which to examine copyright law in the context of the digital economy. They investigate issues such as the relationship between private and public enforcement mechanisms, the parallels and divergences between US and European approaches, and the influence of the Court of Justice of the EU and the European Court of Human Rights on national courts and the European legal regime.

Scholars of comparative and European law, as well as those with a particular interest in copyright in the context of digital technologies will find this an essential read. It will also prove useful to practitioners looking to understand recent trends in the interpretation of the EU legal framework around copyright.
Contributors
Contributors include: M. Bassini, G.G. Codiglione, F. Macmillan, M.L. Montagnani, T. Mylly, O. Pollicino, E. Psychogiopoulou, G.M. Riccio, O. Soldatov, A. Strowel, A. Trapova
Contents
Contents:

1 Introduction 1
Oreste Pollicino, Giovanni Maria Riccio, Marco Bassini
2 ‘Speaking truth to power’: copyright and the control of speech 6
Fiona Macmillan
3 Copyright strengthened by the Court of Justice interpretation
of Article 17(2) of the EU Charter of Fundamental Rights 28
Alain Strowel
4 Regulating with rights proportionality? Copyright,
fundamental rights and internet in the case law of the Court
of Justice of the European Union 54
Tuomas Mylly
5 Copyright and fundamental rights in European Court of
Human Rights case law 99
Oleg Soldatov
6 Cultural rights, cultural diversity and the EU’s copyright
regime: the battlefield of exceptions and limitations to
protected content 124
Evangelia Psychogiopoulou
7 The influence of the Court of Justice of the European Union
on national courts in copyright cases 155
Giovanni Maria Riccio
8 US and EU: diverging or intertwined paths? 188
Maria Lillà Montagnani and Alina Trapova
9 From private enforcement to public enforcement. Copyright
enforcement in the digital age: a comparative overview 216
Giorgio Giannone Codiglione and Marco Bassini

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eISBN: 978 1 78811 388 5
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