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Copyright and Fundamental Rights in the Digital Age: A Comparative Analysis in Search of a Common Constitutional Ground

Copyright and Fundamental Rights in the Digital Age: A Comparative Analysis in Search of a Common Constitutional Ground

Author: Oreste Pollicino; Giovanni M. Riccio; Marco Bassini
Publisher: Edward Elgar Publishing
ISBN: 9781788113878
Published In: October 2020
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

This timely and thought-provoking book explores how the protection of copyright in the digital age requires a reconsideration of how this is balanced with other fundamental rights and freedoms. Analysing the impact of the rise of digital technologies and the internet on copyright regimes, it particularly focuses on the effects of recent reforms to the EU's legal framework for the protection and enforcement of copyright. Taking a comparative approach, contributions from both leading and emerging scholars offer a variety of perspectives and methodologies through which to examine copyright law in the context of the digital economy. They investigate issues such as the relationship between private and public enforcement mechanisms, the parallels and divergences between US and European approaches, and the influence of the Court of Justice of the EU and the European Court of Human Rights on national courts and the European legal regime.

Scholars of comparative and European law, as well as those with a particular interest in copyright in the context of digital technologies will find this an essential read. It will also prove useful to practitioners looking to understand recent trends in the interpretation of the EU legal framework around copyright.

Introduction

1. Oreste Pollicino

Giovanni Maria Riccio, Marco Bassini

2. 'Speaking truth to power': copyright and the control of speech

Fiona Macmillan

3. Copyright strengthened by the Court of Justice interpretation of Article 17(2) of the EU Charter of Fundamental Rights

Alain Strowel

4. Regulating with rights proportionality? Copyright, fundamental rights and internet in the case law of the Court of Justice of the European Union

Tuomas Mylly

5. Copyright and fundamental rights in European Court of Human Rights case law

Oleg Soldatov

6. Cultural rights, cultural diversity and the EU's copyright regime: the battlefield of exceptions and limitations to protected content