EU Copyright Law: A Commentary

Description

This significantly revised and updated second edition 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. Taking a comparative approach, the Commentary provides comprehensive coverage and in-depth commentary on each of the EU legal instruments and policies, both from an EU and an international perspective. Alongside full legislative analysis and article-by-article commentary, the Commentary illustrates the underlying basic principles of free movement and non-discrimination and provides insights into the influence of copyright on other areas of EU policy, including telecoms and bilateral trade agreements. Front Matter Copyright CONTENTS EXTENDED CONTENTS CONTRIBUTORS TABLE OF CASES TABLE OF LEGAL INSTRUMENTS 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 2 THE PRINCIPLE OF NON-DISCRIMINATION 3 THE PRINCIPLE OF FREE MOVEMENT OF GOODS: COMMUNITY EXHAUSTION AND PARALLEL IMPORTS 4 THE ESSENTIAL FACILITIES PRINCIPLE AND OTHER ISSUES OF COMPETITION Part II THE EU DIRECTIVES AND REGULATIONS 5 THE SOFTWARE DIRECTIVE 6 THE RENTAL AND LENDING RIGHTS DIRECTIVE 7 THE SATELLITE AND CABLE DIRECTIVE 8 THE TERM DIRECTIVE 9 THE DATABASE DIRECTIVE 10 THE RESALE RIGHT DIRECTIVE 11 THE INFORMATION SOCIETY DIRECTIVE 12 THE ENFORCEMENT DIRECTIVE 13 THE ORPHAN WORKS DIRECTIVE 14 THE COLLECTIVE RIGHTS MANAGEMENT DIRECTIVE 15 THE PORTABILITY REGULATION 16 THE MARRAKESH TREATY ON CERTAIN PERMITTED USES FOR THE BENEFIT OF BLIND, VISUALLY IMPAIRED AND PRINT-DISABLED PERSONS 17 THE DIGITAL SINGLE MARKET DIRECTIVE 18 ACCESS AND RE-USE OF PUBLIC SECTOR INFORMATION IN A COPYRIGHT PERSPECTIVE 19 A UNITED STATES PERSPECTIVE ON DIGITAL SINGLE MARKET DIRECTIVE ARTICLE 17 20 THE NETCAB DIRECTIVE Part III EU POLICIES AND ACTIONS 21 THE EU POLICIES AND ACTIONS IN THE FIGHT AGAINST PIRACY 22 BRINGING EUROPE’S CULTURAL HERITAGE ONLINE: INITIATIVES AND CHALLENGES 23 FROM A ‘DIGITAL AGENDA FOR EUROPE’, TO A ‘DIGITAL SINGLE MARKET’, TO A ‘EUROPE FIT FOR THE DIGITAL AGE’: A DECADE OF EUROPEAN UNION COPYRIGHT POLICY IN THE SHADOW OF CRISES 24 INTELLECTUAL PROPERTY AND THE EU RULES ON PRIVATE INTERNATIONAL LAW: MATCH OR MISMATCH? 25 THE EXPORT OF EU COPYRIGHT LAW: THE EXAMPLE OF THE FREE TRADE AGREEMENTS Part IV PRESENT AND FUTURE OF COPYRIGHT IN THE EUROPEAN UNION 26 THE EU STANCE IN INTERNATIONAL MATTERS 27 THE ROLE OF THE COURT OF JUSTICE IN THE DEVELOPMENT OF EU COPYRIGHT LAW: AN EMPIRICAL EXPERIENCE 28 TOWARDS A EUROPEAN COPYRIGHT LAW: TERRITORIALITY AND LIMITATIONS AND EXCEPTIONS AS MAJOR OUTSTANDING ISSUES 29 ADVOCATING AN EU COPYRIGHT TITLE 30 CONCLUSION INDEX