Hardback
Copyright in the Information Society
A Guide to National Implementation of the European Directive, Second Edition
2nd edition
9781786439192 Edward Elgar Publishing
This substantially revised second edition evaluates the Directive on Copyright in the Information Society and its interpretation by the European Court of Justice in the light of its implementation and application in the EU’s 28 member states. Following the initial implementation of the Directive, many member states have enacted further legislation to supplement or refine their earlier implementation: this edition will take these important developments into account.
More Information
Critical Acclaim
Contributors
Contents
More Information
This substantially revised second edition evaluates the Directive on Copyright in the Information Society and its interpretation by the European Court of Justice in the light of its implementation and application in the EU’s 28 member states. Following the initial implementation of the Directive, many member states have enacted further legislation to supplement or refine their earlier implementation: this edition will take these important developments into account. Providing a snapshot of the status quo of copyright protection in the member states, this book is an indispensable tool for the national implementation of the newly adopted Directive on Copyright in the Digital Single Market
Key features of the updated second edition include:
• Chapters authored by experts from all 28 member states, providing detailed analysis on how the Directive has been implemented and applied on a national level
• Contextual chapters on the relevant WIPO treaties and the Directive that highlight areas of discretion left to national legislators
• Updated review of the European Court’s case law that serves to interpret the Directive
• Expanded Foreword by Dr Jörg Reinbothe, the architect of the Directive.
Combining practical information on implementation of the Directive with the latest academic research this book will be of great value to policy makers, practising lawyers and researchers alike. The book will be of particular interest for the further development of copyright in the Digital Single Market since it captures the status quo of copyright protection in the member states at a decisive moment in the legislative debate.
Key features of the updated second edition include:
• Chapters authored by experts from all 28 member states, providing detailed analysis on how the Directive has been implemented and applied on a national level
• Contextual chapters on the relevant WIPO treaties and the Directive that highlight areas of discretion left to national legislators
• Updated review of the European Court’s case law that serves to interpret the Directive
• Expanded Foreword by Dr Jörg Reinbothe, the architect of the Directive.
Combining practical information on implementation of the Directive with the latest academic research this book will be of great value to policy makers, practising lawyers and researchers alike. The book will be of particular interest for the further development of copyright in the Digital Single Market since it captures the status quo of copyright protection in the member states at a decisive moment in the legislative debate.
Critical Acclaim
‘The reader ... does not only get an insight into the divergences between the different implementing laws but in particular also into the leading case law of national courts in the Member States regarding subjects which have not yet been clarified at EU level.’
– Alexander Pabst, Österreichische Blätter für Gewerblichen Rechtsschutz und Urheberrecht (originally published in German: translated by Brigitte Lindner)
‘[Lindner and Shapiro] have truly produced a key artifact that will help guide policymakers, lawyers and others in the implementation of the 2019 Directive on Copyright, and beyond.’
– Neil Turkewitz, Journal of the Copyright Society of the U.S.A.
‘Eight years passed by since the first edition of Lindner’s and Shapiro’s edited book was first published. The second edition is over 300 pages longer than the original version. This can be justified by, eg the mere fact that Croatia, as the 28 Member State of the EU, is added to the volume. Similarly, significant case law has been issued by the Court of Justice of the EU regarding the interpretation of the InfoSoc Directive, and the national chapters properly reflect these rulings. In sum, this long, but extremely valuable, book allows readers (both researchers and practitioners) to dig into the deepest levels of EU copyright law on a comparative basis.’
– Péter Mezei, Journal of Intellectual Property Law & Practice
‘Given the growing relevance of European copyright law for intellectual property professionals in Australasia, Copyright in the Information Society: A Guide to National Implementation of the European Directive is an excellent resource. Not only does it set out in detail how the Internet Treaties have been implemented and applied in the EU and its member states, it provides valuable insights into some of the controversies in our own copyright laws.’
– Fiona Phillips, Intellectual Property Forum
‘This book is undoubtedly an essential tool for students, in-house counsel, advisers, litigators and IP scholars alike, offering an extensive basis of content presented with an holistic approach and an exhaustive list of relevant case law (of European and Member States Court) essential for practice, study and research.’
– Cecilia Sbrolli, IPKat
‘The second edition of this important and thorough book has grown by more than 25 percent to include updates of the relevant international and EU norms and developments, and in particular the interpretation by the Court of Justice of the EU, as well as national law reports by 28 authors from the respective member states. Containing in-depth and critical analyses, excellently written, this book offers a refreshing and rewarding experience!’
– Silke von Lewinski, Max Planck Institute for Innovation and Competition, Germany
– Alexander Pabst, Österreichische Blätter für Gewerblichen Rechtsschutz und Urheberrecht (originally published in German: translated by Brigitte Lindner)
‘[Lindner and Shapiro] have truly produced a key artifact that will help guide policymakers, lawyers and others in the implementation of the 2019 Directive on Copyright, and beyond.’
– Neil Turkewitz, Journal of the Copyright Society of the U.S.A.
‘Eight years passed by since the first edition of Lindner’s and Shapiro’s edited book was first published. The second edition is over 300 pages longer than the original version. This can be justified by, eg the mere fact that Croatia, as the 28 Member State of the EU, is added to the volume. Similarly, significant case law has been issued by the Court of Justice of the EU regarding the interpretation of the InfoSoc Directive, and the national chapters properly reflect these rulings. In sum, this long, but extremely valuable, book allows readers (both researchers and practitioners) to dig into the deepest levels of EU copyright law on a comparative basis.’
– Péter Mezei, Journal of Intellectual Property Law & Practice
‘Given the growing relevance of European copyright law for intellectual property professionals in Australasia, Copyright in the Information Society: A Guide to National Implementation of the European Directive is an excellent resource. Not only does it set out in detail how the Internet Treaties have been implemented and applied in the EU and its member states, it provides valuable insights into some of the controversies in our own copyright laws.’
– Fiona Phillips, Intellectual Property Forum
‘This book is undoubtedly an essential tool for students, in-house counsel, advisers, litigators and IP scholars alike, offering an extensive basis of content presented with an holistic approach and an exhaustive list of relevant case law (of European and Member States Court) essential for practice, study and research.’
– Cecilia Sbrolli, IPKat
‘The second edition of this important and thorough book has grown by more than 25 percent to include updates of the relevant international and EU norms and developments, and in particular the interpretation by the Court of Justice of the EU, as well as national law reports by 28 authors from the respective member states. Containing in-depth and critical analyses, excellently written, this book offers a refreshing and rewarding experience!’
– Silke von Lewinski, Max Planck Institute for Innovation and Competition, Germany
Contributors
Contributors: P. Adamsson, P. Akester, T. Aplin, S.L. Azzopardi, J. Bordans, A. Demetriades, W.Z. Dziomdziora, S. Ercolani, N. Epaminonda, M. Ficsor, P.M. Grimaud, K. Harenko, E. Ivanauskiene, J. Jošt, G. Kadlecová, P. Kamina, V. Křížová, M.G. León, B. Lindner, K. Manhaeve, B. Michaux, V. Näslund, S. Olsovsky, F. Philapitsch, A. Quaedvlieg, L. Scales, M. Schaefer, T. Schiltz, P. Schønning, T. Shapiro, V. Sokolov, M. Trampuz, E. Vagena, M. Valoušek, I. Veiksa, M. Voican, R.M. Vučković
Contents
Contents:
Preface by the editors
Foreword by Jörg Reinbothe
Part I
1. The WIPO Treaties
Brigitte Lindner
Part II
2. Directive 2001/29/EC on copyright in the information society
Ted Shapiro
Part III
Implementation of Directive 2001/29/EC in the Member States of the European Union
3. Austria
Florian Philapitsch
4. Belgium
Benoit Michaux
5. Bulgaria
Velizar Sokolov
6. Croatia
Romana Matanovac Vučković
7. Cyprus
Achilleas Demetriades and Nicoletta Epaminonda
8. Czech Republic
Veronika Křížová, Martin Valoušek and Gabriela Kadlecová
9. Denmark
Peter Schønning
10. Estonia
Viive Näslund
11. Finland
Kristiina Harenko
12. France
Pascal Kamina
13. Germany
Martin Schaefer and Brigitte Lindner
14. Greece
Evangelia Vagena
15. Hungary
Mihaly Ficsor
16. Ireland
Linda Scales
17. Italy
Stefania Ercolani
18. Latvia
Janis Bordans and Ingrida Veiksa
19. Lithuania
Edita Ivanauskiene
20. Luxembourg
Katia Manhaeve and Thierry Schiltz
21. Malta
Paul Micallef Grimaud and Sarah Louise Azzopardi
22. Netherlands
Antoon Quaedvlieg
23. Poland
Wojciech Z. Dziomdziora
24. Portugal
Patricia Akester
25. Romania
Maria Voican
26. Slovak Republic
Slavomir Olsovsky and Jakub Jošt
27. Slovenia
Miha Trampuz
28. Spain
Marta García León
29. Sweden
Peter Adamsson
30. United Kingdom
Tanya Aplin
Bibliography
Index
Preface by the editors
Foreword by Jörg Reinbothe
Part I
1. The WIPO Treaties
Brigitte Lindner
Part II
2. Directive 2001/29/EC on copyright in the information society
Ted Shapiro
Part III
Implementation of Directive 2001/29/EC in the Member States of the European Union
3. Austria
Florian Philapitsch
4. Belgium
Benoit Michaux
5. Bulgaria
Velizar Sokolov
6. Croatia
Romana Matanovac Vučković
7. Cyprus
Achilleas Demetriades and Nicoletta Epaminonda
8. Czech Republic
Veronika Křížová, Martin Valoušek and Gabriela Kadlecová
9. Denmark
Peter Schønning
10. Estonia
Viive Näslund
11. Finland
Kristiina Harenko
12. France
Pascal Kamina
13. Germany
Martin Schaefer and Brigitte Lindner
14. Greece
Evangelia Vagena
15. Hungary
Mihaly Ficsor
16. Ireland
Linda Scales
17. Italy
Stefania Ercolani
18. Latvia
Janis Bordans and Ingrida Veiksa
19. Lithuania
Edita Ivanauskiene
20. Luxembourg
Katia Manhaeve and Thierry Schiltz
21. Malta
Paul Micallef Grimaud and Sarah Louise Azzopardi
22. Netherlands
Antoon Quaedvlieg
23. Poland
Wojciech Z. Dziomdziora
24. Portugal
Patricia Akester
25. Romania
Maria Voican
26. Slovak Republic
Slavomir Olsovsky and Jakub Jošt
27. Slovenia
Miha Trampuz
28. Spain
Marta García León
29. Sweden
Peter Adamsson
30. United Kingdom
Tanya Aplin
Bibliography
Index
