Pub. Date:
Elgar, Edward Publishing, Inc.
Research Handbook on the Future of Eu Copyright

Research Handbook on the Future of Eu Copyright

by Estelle Derclaye


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It has been over fifteen years since the EU started harmonising copyright law. This original Handbook takes stock and questions what the future of EU copyright should be. What went wrong with the harmonisation acquis? What did the directives do well? Should copyright be further harmonised? Each of the 25 recognised copyright experts from different European countries gives a critical account of the EU harmonisation carried out on several aspects of copyright law (subject-matter, originality, duration, rights, defences etc.), and asks whether further harmonisation is desirable or not. This way, the Handbook not only gives guidance to European institutions as to what remains to be done or needs to be remedied but is also the first overall picture of current and future EU copyright law.

This Handbook will be of great interest to academics and intellectual property lawyers, as well as general commercial lawyers, across Europe because it reviews European directives in the field of copyright and also the relationships between copyright and other laws. Policymakers will also find much to interest them in the discussions regarding the future of EU copyright law and the proposed amendments to the existing legal framework.

Product Details

ISBN-13: 9781847203922
Publisher: Elgar, Edward Publishing, Inc.
Publication date: 01/01/2009
Series: Research Handbooks in Intellectual Property Series
Pages: 672
Product dimensions: 6.50(w) x 9.40(h) x 1.70(d)

About the Author

Edited by Estelle Derclaye, Associate Professor and Reader in Intellectual Property Law, University of Nottingham, UK

Table of Contents



Estelle Derclaye

1. Copyright Without Frontiers: The Problem of Territoriality in European Copyright Law

P. Bernt Hugenholtz

2. Copyright’s Fundamental Rights Dimension at EU Level

Christophe Geiger

3. Subject Matter

Tanya Aplin

4. The Subject-Matter for Film Protection in Europe

Pascal Kamina

5. The Requirement of Originality

Ramón Casas Vallés

6. From Idea to Fixation: A View of Protected Works

Antoine Latreille

7. Duration of Copyright

Yves Gaubiac, Brigitte Lindner and John N. Adams

8. Authorship, Ownership, Wikiship: Copyright in the 21st Century

Jeremy Phillips

9. Economic Rights

Ansgar Ohly

10. Moral Rights

Willem Grosheide

11. The Moral Right of Integrity

Jacques de Werra

12. Dealing with Rights in Copyright-Protected Works: Assignments and Licences

Andreas Rahmatian

13. The Issue of Exceptions: Reshaping the Keys to the Gates in the Territory of Literary, Musical and Artistic Creation

Marie-Christine Janssens

14. Private Copy Levies and Technical Protection of Copyright: The Uneasy Accommodation of Two Conflicting Logics

Séverine Dusollier and Caroline Ker

15. Collective Management of Copyright and Related Rights: Achievements and Problems of Institutional Effort Towards Harmonisation

Maria Mercedes Frabboni

16. Copyright Protection of Computer Programs

Jon Bing

17. The Protection of Databases

Matthias Leistner

18. Choice of Law in EU Copyright Directives

Paul Torremans

19. Overlap/Relationships between Copyright and Other Intellectual Property Rights

Antoon Quaedvlieg

20. Relationship between Copyright and Contract Law

Lucie Guibault

21. European Competition Law and Copyright: Where do we Stand? Where do we go?

Valérie Laure Benabou

22. Do Whiffs of Misappropriation and Standards for Slavish Imitation Weaken the Foundations of IP Law?

Anselm Kamperman Sanders

23. Access to Knowledge under the International Copyright Regime, the WIPO Development Agenda and the European Communities’ New External Trade and IP Policy

Henning Grosse Ruse-Khan

By way of Conclusion: What Next?

Estelle Derclaye


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