ISBN:
9783642295966
Language:
English
Pages:
Online-Ressource (IX, 1093 p, digital)
Series Statement:
MPI Studies on Intellectual Property and Competition Law 18
Series Statement:
SpringerLink
Series Statement:
Bücher
Parallel Title:
Buchausg. u.d.T. Balancing copyright
Keywords:
Urheberrecht
;
Gemeinwohl
;
Vergleich
;
Welt
;
Argentinien
;
Australien
;
Belgien
;
Bosnien-Herzegowina
;
Brasilien
;
Kanada
;
Chile
;
China
;
Kolumbien
;
Kroatien
;
Zypern
;
Ägypten
;
Frankreich
;
Deutschland
;
Griechenland
;
Ungarn
;
Indien
;
Israel
;
Italien
;
Japan
;
Südkorea
;
Litauen
;
Macau
;
Niederlande
;
Polen
;
Portugal
;
Russland
;
Serbien
;
Singapur
;
Nordeuropa
;
Slowenien
;
Südafrika
;
Spanien
;
Schweiz
;
Taiwan
;
Türkei
;
Uganda
;
Großbritannien
;
USA
;
Law
;
Law
;
Urheberrecht
;
Rechtsvergleich
;
Urheberrecht
;
Rechtsvergleich
Abstract:
How does copyright law take into account the interests of third parties, especially the general publics interest in the greatest possible dissemination of knowledge and culture? Twelve basic questions give copyright law experts from more than forty countries the opportunity to provide answers related to their national law on the following matters: categories of works and subject matter, eligibility conditions, duration, "users rights, the three-step test, misuse, differentiations between categories of right holders, TPM, and relations of copyright law to other legal areas such as fundamental rights, competition law, consumer protection law, media law etc. The standardized form of the reports makes it easy to see the impacts of copyright law in the industrialized countries as well as in emerging economies; in common-law and civil-law approaches; in countries of the Andean Community and of the European Union, as well as in countries that are not party to the WIPO Treaties. A detailed preliminary chapter provides an approachable overview of issues and results. This chapter also discusses the voice of academia, represented by the European Copyright Code of the "Wittem Group.
Description / Table of Contents:
Balancing of Copyright - A Survey of National Approaches; Foreword; Table of Contents; Overview; Introduction; 1. To what extent does national law differentiate in terms of the effects of copyright law: (a) according to the various work categories; (b) according to factual aspects, e.g. different markets, competitive conditions, other factual aspects; and (c)according to other criteria?; a) Differentiation according to the work categories; b) Differentiations according to factual aspects such as different market, competitive competition; c) Other factual aspects/ According to other criteria
Description / Table of Contents:
2. Which of the following legal instruments are used by national copyright law in order to achieve a "balance" of interests and to what extent are they used: (a) specific preconditions or thresholds allowing a work's protection only if it surpasses a particular degree of creativity (b) period of protection; (c) specific user rights, free of charge, granted by the law in favour of third parties; (d) specific user rights granted by the law in favour of third parties subject to the payment of a...
Description / Table of Contents:
a) Do specific preconditions or thresholds allow for a work's protection only if it surpasses a particular degree of creativity used by national copyright law in order to achieve a "balance" of interests, and to what extent are they used?b) Are periods of protection used by national copyright law in order to achieve a "balance" of interests, and to what extent are they used?; Preliminary remarks regarding "user rights"; c) Whether user rights free of charge are used by national copyright law in order to achieve a "balance" of interests and to what extent are they used?
Description / Table of Contents:
d) Are user rights subject to the payment of a remuneration to the right holders used by national copyright law in order to achieve a "balance" of interests and to what extent are they used?e) Are mandatory licences - obligation to conclude a contract established by law to grant a third party specific user rights in return for payment of a fee - used by national copyright law in order to achieve a "balance" of interests and to what extent are they used?
Description / Table of Contents:
f) Are copyright rules on misuse used by national copyright law in order to achieve a "balance" of interests and to what extent are they used?3. Are user rights regulated abstractly or concretely, by means of a combination of the two?; 4. The three-step test; Has the three-step test been explicitly implemented in national law (legislation)?; Did it play a role in the determination of the legal standards?; Is it directly applied by judicial practice?; Is the "Declaration …" well known, and ultimately which role did it play?
Description / Table of Contents:
5. If categories of works are distinguished according to Question 1, to what extent do the legal instruments in Questions 2a-f differentiate according to these categories?
Note:
Description based upon print version of record
DOI:
10.1007/978-3-642-29596-6
URL:
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