Hardback
Research Handbook on Copyright Law
Second Edition
2nd edition
9781785361425 Edward Elgar Publishing
This second edition is a timely presentation of the state-of-the-art in copyright research. Copyright law is currently at the centre of many debates and the subject of substantive new developments. The new edition of the Research Handbook captures these fast moving developments and goes far beyond a mere update of the chapters. All of the topical chapters are completely new and the authors have been chosen for their expertise and excellence in the areas concerned. Research Handbook on Copyright Law offers global coverage, both in terms of substance and in terms of author expertise, and maps both the present and future of the discipline. It will prove an invaluable research tool for all those involved in copyright research who wish to keep up with the pace at which this area of law is evolving.
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Critical Acclaim
Contributors
Contents
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This second edition has been completely rewritten to reflect recent changes and new trends that have emerged since the popular first edition was published. Copyright law has become a fast moving area, which is reflected in the wealth and diversity of research. This comprehensive Research Handbook is situated at the cutting edge of current copyright research, with each chapter written by a leading author in that particular field.
The Research Handbook begins with an examination of fundamental questions such as the historical foundations of copyright, the basic concept of originality and the significant discussion on communication to the public. The contributors then focus on moral rights and the artist resale right. In-depth treatment of specialist topics is provided, including copyright contracts, collective management, issues surrounding streaming and sampling, cultural heritage, orphan works, search engines and the potential for a public policy exclusion. The Research Handbook provides global coverage while also considering specific jurisdictions and private international law.
The Research Handbook on Copyright Law is a rich research tool that reflects the wealth and diversity of the ongoing research in copyright. It is essential reading for students and researchers in copyright and intellectual property law, as well as practitioners and policymakers.
The Research Handbook begins with an examination of fundamental questions such as the historical foundations of copyright, the basic concept of originality and the significant discussion on communication to the public. The contributors then focus on moral rights and the artist resale right. In-depth treatment of specialist topics is provided, including copyright contracts, collective management, issues surrounding streaming and sampling, cultural heritage, orphan works, search engines and the potential for a public policy exclusion. The Research Handbook provides global coverage while also considering specific jurisdictions and private international law.
The Research Handbook on Copyright Law is a rich research tool that reflects the wealth and diversity of the ongoing research in copyright. It is essential reading for students and researchers in copyright and intellectual property law, as well as practitioners and policymakers.
Critical Acclaim
‘Getting a still image of what copyright is like is incredibly challenging; yet Paul Torremans and his contributors have succeeded in this task and should be praised for their collective effort and cutting-edge analyses.’
– Eleanora Rosati, European Intellectual Property Review
‘Copyright is a highly specialized area of law, but impacts so many issues. So much that even those working with it full time cannot follow all developments in the field closely. This excellent resource brings the reader up-to-date regarding the state of art, and each chapter adds analytical depth and insight. Everybody with an interest in copyright will be enlightened and inspired by this rich selection of contributions on topical issues.’
– Jørgen Blomqvist, University of Copenhagen, Denmark
‘Under the expert guidance of Paul Torremans, leading international scholars offer a fascinating overview of what is happening in today’s copyright world. The book feels like a springtime walk in the park of copyright, revealing blossoms of fresh insights and outbursts of new colourful touches everywhere.’
– Frank Gotzen, Emeritus Professor, KU Leuven and President ALAI
Acclaim for first edition
‘. . . this book provides an interesting insight into many aspects of copyright law. It is a useful resource not only for those whose core practice is copyright but also those involved in industries reliant on copyright.’
– New Zealand Law Journal
‘Timely and up to date, this compact volume should be essential reading for intellectual property lawyers, as well as academics and those tasked with decisions relating to public policy.’
– The Barrister Magazine
‘This book would certainly be of interest to those who practice, research and/or study in the area of copyright law, and a very informative read for anyone with a stake in the copyright debate.''
– IPkat.com blog
– Eleanora Rosati, European Intellectual Property Review
‘Copyright is a highly specialized area of law, but impacts so many issues. So much that even those working with it full time cannot follow all developments in the field closely. This excellent resource brings the reader up-to-date regarding the state of art, and each chapter adds analytical depth and insight. Everybody with an interest in copyright will be enlightened and inspired by this rich selection of contributions on topical issues.’
– Jørgen Blomqvist, University of Copenhagen, Denmark
‘Under the expert guidance of Paul Torremans, leading international scholars offer a fascinating overview of what is happening in today’s copyright world. The book feels like a springtime walk in the park of copyright, revealing blossoms of fresh insights and outbursts of new colourful touches everywhere.’
– Frank Gotzen, Emeritus Professor, KU Leuven and President ALAI
Acclaim for first edition
‘. . . this book provides an interesting insight into many aspects of copyright law. It is a useful resource not only for those whose core practice is copyright but also those involved in industries reliant on copyright.’
– New Zealand Law Journal
‘Timely and up to date, this compact volume should be essential reading for intellectual property lawyers, as well as academics and those tasked with decisions relating to public policy.’
– The Barrister Magazine
‘This book would certainly be of interest to those who practice, research and/or study in the area of copyright law, and a very informative read for anyone with a stake in the copyright debate.''
– IPkat.com blog
Contributors
Contributors: F. Brison, P. Camara Águila, S. Depreeuw, G. Dimita, Y. Gendreau, N.H.B. Hằng, M.-C. Janssens, B.J. Jütte, T. Kien, J. Koo, A. Lucas-Schloetter, G. Minero, B. Mullisi, S. Nérisson, N.H.B. Hang, J. Pila, E. Rengifo, T. Riis, J. Schovsbo, I.A. Stamatoudi, U. Suthersanen, M.J. Tawfik, P. Torremans, H. Vanhees, C. Waelde
Contents
Contents:
Introduction
1. Walking the Copyright Tightrope
Ysolde Gendreau
2. Copyright History as Book History: The Law in Multidisciplinary Context
Myra J. Tawfik
3. Originality under EU Copyright Law
Irini A. Stamatoudi
4. When the Court of Justice of the European Union Sets about defining Exclusive Rights: Copyright quo vadis?
Paul Torremans
5. The Right of “Communication to the Public” in the European Union
Fabienne Brison and Sari Depreeuw
6. The WIPO Right of Making Available
Gaetano Dimita
7. Enforcing the EU Right of Communication to the Public in Cases of Ubiquitous Infringement
Justin Koo
8. Invitation for a ‘Europeanification’ of Moral Rights
Marie-Christine Janssens
9. Does Only Compulsory Collective Management Guarantee that an Author Actually Receives his Resale Right?
Hendrik Vanhees
10. The Remuneration of Authors and Performers in Copyright Contract Law
Agnès Lucas-Schloetter
11. Sampling of Sound Recordings in the United States and Germany: Revival of a Discussion on Musical Creativity
Bernd Justin Jütte
12. The Borderless Online User – Carving up the Market for Online and Streaming Services
Thomas Riis and Jens Schovsbo
13. Private Copying Exception and Payment of Fair Compensation. EU Case-law
Gemma Minero
14. Who owns the rights to works created within Universities and public research organizations: A Spanish case study
Pilar Cámara Águila
15. Who owns the orphans? Property in digital cultural heritage assets
Uma Suthersanen
16. Copyright in works reproduced and published online by search engines
Ernesto Rengifo
17. Collective management and exclusive rights, friends or foes?
Sylvie Nérisson
18. Copyright and Related Rights: Outlining a Case for a European Morality / Public Policy Exclusion
Justine Pila
19. Copyright, Contemporary Intangible Cultural Heritage and Freedom of Expression: mapping the terrain
Charlotte Waelde
20. Albanian Copyright Law and Compliance with EU Legislation
Blerina Mullisi
21. Copyright Infringement in Vietnam: Recognising the Reasons and Suggesting Some Solutions
Nguyen Ho Bich Hang
22. Can Copyright Law Be Transplanted? Vietnam’s Experiences with Droit D’Auteur, 1864 – 1975
Tran Kien
23. Copyright Jurisdiction under EU Private International Law
Paul Torremans
Index
Introduction
1. Walking the Copyright Tightrope
Ysolde Gendreau
2. Copyright History as Book History: The Law in Multidisciplinary Context
Myra J. Tawfik
3. Originality under EU Copyright Law
Irini A. Stamatoudi
4. When the Court of Justice of the European Union Sets about defining Exclusive Rights: Copyright quo vadis?
Paul Torremans
5. The Right of “Communication to the Public” in the European Union
Fabienne Brison and Sari Depreeuw
6. The WIPO Right of Making Available
Gaetano Dimita
7. Enforcing the EU Right of Communication to the Public in Cases of Ubiquitous Infringement
Justin Koo
8. Invitation for a ‘Europeanification’ of Moral Rights
Marie-Christine Janssens
9. Does Only Compulsory Collective Management Guarantee that an Author Actually Receives his Resale Right?
Hendrik Vanhees
10. The Remuneration of Authors and Performers in Copyright Contract Law
Agnès Lucas-Schloetter
11. Sampling of Sound Recordings in the United States and Germany: Revival of a Discussion on Musical Creativity
Bernd Justin Jütte
12. The Borderless Online User – Carving up the Market for Online and Streaming Services
Thomas Riis and Jens Schovsbo
13. Private Copying Exception and Payment of Fair Compensation. EU Case-law
Gemma Minero
14. Who owns the rights to works created within Universities and public research organizations: A Spanish case study
Pilar Cámara Águila
15. Who owns the orphans? Property in digital cultural heritage assets
Uma Suthersanen
16. Copyright in works reproduced and published online by search engines
Ernesto Rengifo
17. Collective management and exclusive rights, friends or foes?
Sylvie Nérisson
18. Copyright and Related Rights: Outlining a Case for a European Morality / Public Policy Exclusion
Justine Pila
19. Copyright, Contemporary Intangible Cultural Heritage and Freedom of Expression: mapping the terrain
Charlotte Waelde
20. Albanian Copyright Law and Compliance with EU Legislation
Blerina Mullisi
21. Copyright Infringement in Vietnam: Recognising the Reasons and Suggesting Some Solutions
Nguyen Ho Bich Hang
22. Can Copyright Law Be Transplanted? Vietnam’s Experiences with Droit D’Auteur, 1864 – 1975
Tran Kien
23. Copyright Jurisdiction under EU Private International Law
Paul Torremans
Index
