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Copyright Reconstructed: Rethinking Copyright’s Economic Rights in a Time of Highly Dynamic Technological and Economic Change

Copyright Reconstructed: Rethinking Copyright’s Economic Rights in a Time of Highly Dynamic Technological and Economic Change

  • Author:
  • Publisher: Kluwer Law International
  • ISBN: 9789041191038
  • Published In: June 2018
  • Format: Hardback
  • Jurisdiction: International ? Disclaimer:
    Countri(es) stated herein are used as reference only

List Price: HKD 1,100.00

HKD 1,034.00 Save HKD 66.00 (6%)

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  • Description 
  • Contents 
  • Details

    Copyright Reconstructed is the result of a collaborative research project, ‘Reconstructing Rights’ funded by Microsoft Europe, that normatively examined the core economic rights protected under EU copyright law, with the aim of realigning these rights with economic and technological realities. It follows an interdisciplinary approach, combining economic and legal methods. The book presents various concurring future models of ‘reconstructed’ copyright law. The historical evolution of copyright has led to a growing disconnect between the legal definitions of economic rights and the business and technological realities they regulate, eroding copyright’s normative content and distorting the scope of its economic rights.

    What’s in this book:

    This book is structured as follows. Following a historical chapter that illustrates how a structure of media-specific economic rights has developed in international copyright law as copyright’s catalogue of rights, a number of alternative models for reconstructing rights are presented in the form of chapters by Europe’s most respected copyright scholars and economists focusing on potentially copyright-relevant acts that lie at the borders of exclusive rights:

    • digital resale;
    • private copying;
    • hyperlinking and embedding;
    • cable retransmission; and
    • text and data mining.

    How this will help you:

    Offering the most incisive current thinking on copyright’s economic rights in an increasingly networked world where acts of usage of works occur on a global or regional scale rather than on a purely national territorial basis, this book will be of immeasurable value not only to academics but also to practitioners and professionals in intellectual property law. This book guides copyright lawyers and scholars in the fields of international and EU copyright law in understanding the nexus between copyright law and technological and economic change. It also helps lawmakers and judges at the European, national and international levels formulate legislative responses to the challenges of the digital environment.

  • Contributors

    Preface

    Chapter 1

    Reconstructing Rights: Project Synthesis and Recommendations

    P. Bernt Hugenholtz & Martin Kretschmer

    Chapter 2

    A Brief History of Value Gaps: Pre-Internet Copyright Protection and Exploitation Models

    João Pedro Quintais & Joost Poort

    Chapter 3

    Deconstructing Copyright

    Stefan Bechtold

    Chapter 4

    A Fairness-Based Approach to Economic Rights

    Ansgar Ohly

    Chapter 5

    The Right to Reasonable Exploitation Concretized: An Incentive Based Approach

    Ole-Andreas Rognstad & Joost Poort

    Chapter 6

    Realigning Economic Rights with Exploitation of Works: The Control of Authors over the Circulation of Works in the Public Sphere

    Séverine Dusollier

    Chapter 7

    Reconstructing the Reproduction and Communication to the Public Rights: How to Align Copyright with Its Fundamentals

    Alain Strowel

    Chapter 8

    Towards a Universal Right of Remuneration: Legalizing the Non-commercial Online Use of Works

    P. Bernt Hugenholtz &  João Pedro Quintais

    Chapter 9

    Borderlines of Copyright Protection: An Economic Analysis

    Joost Poort


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