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Pluralism or Universalism in International Copyright Law 2nd ed

Pluralism or Universalism in International Copyright Law 2nd ed

Author: Tatiana Eleni Synodinou
Publisher: Kluwer Law International
ISBN: 9789403526881

Previous Edition ISBN: 9789403503554
Published In: July 2025
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

Pluralism or Universalism in International Copyright Law, currently in its second edition, is an insightful and exhaustively researched book suggesting that despite the prevailing labyrinthine mosaic of divergent national responses to fragmentation at the international level, the foundations of a universal approach can be found in the interaction of regional, national and international copyright law instruments when responding to current and emerging technologies. In a world where digital platforms are de facto regulators of the communication of copyright-protected works, the democratization of access to content has substantially expanded the availability of new markets and dramatically increased copyright infringements. Faced with these challenges, regional and national copyright systems are in search of elasticity and drastic reforms. Copyright ecosystems react variously either with the introduction of reforms or by staying inert, depending on their level of technological progress and their development of copyright law and political opportunism. This leads to a labyrinthine mosaic of divergent national responses to universal questions and fragmentation at the international level.

What’s in this book:

Elucidating the adaptation of copyright law to the needs of the digital era and the rise of Artificial Intelligence, this book furnishes vital approaches by eminent copyright scholars on whether pluralism or universalism is the appropriate path to follow for the development of international copyright law. The authors deal with the following issues and topics:

the application of core copyright law principles worldwide
authorship, rights and exceptions in the international copyright acquis
global collective management of copyright
copyright contracts
database and design rights
the global reach of the U.S. Fair Use doctrine
World Intellectual Property Organization’s role and strategy in international copyright lawmaking
a possible revision of the Berne Convention, and
human rights and international copyright law

Specific evolutions and emerging trends in national and regional digital copyright laws are analyzed and assessed as they have developed in the European Union, the United States and Canada. Throughout, attention is paid to compatibility with the Berne Convention, the perceived core of copyright law in the international copyright acquis, and the key question of the balancing of copyright law with fundamental rights from an international and comparative law perspective.

How this will help you:

This peerless book is a comprehensive analysis of how core copyright law concepts and principles function in today’s fragmented copyright legal system. Its in-depth treatment of numerous specific instruments and regimes, as well as its insightful approaches to the future of international copyright lawmaking, will prove to be invaluable to lawyers, judges, policymakers, academics and researchers working in the field of copyright law.

List of Abbreviations

Acknowledgments and Dedication

Introduction 1

Part I: Regional Copyright Law Harmonization

Chapter 1. EU, BC, WCT: The Compatibility of EU Copyright Law with the International Acquis in the Berne Convention, TRIPS and WCT

Antoon A. Quaedvlieg

Chapter 2. The Creeping Unification of Copyright in Europe

P. Bernt Hugenholtz

Chapter 3. Globalization of Collective Rights Management and the Role of National CMOs

Rudolf Leška

Chapter 4. U.S. (Non)Compliance with Its International Copyright Obligations under Berne, TRIPS and the 1996 WIPO Copyright Treaties

Jane C. Ginsburg

Chapter 5. Is the U.S. Fair Use Doctrine Compatible with Berne and TRIPS Obligations?

Pamela Samuelson & Kathryn Hashimoto

Chapter 6. The Compatibility of Canada’s Copyright Law with International Copyright Conventions

Ysolde Gendreau

Chapter 7. Evolutions of Copyright Law in Africa: Compatibility with International Norms and Directions

Marisella Ouma

:Part II Pluralism or Universalism in International Copyright Lawmaking

Chapter 8. Berne Convention: The Epicenter of Universalism or the Contrary?

Dionysia Kallinikou

Chapter 9. Universality or Diversity? The WIPO Role and Strategy in International Copyright Lawmaking

Jørgen Blomqvist

Chapter 10. Toward a New Berne Convention

Daniel Gervais

Chapter 11. Pluralism and Universalism in International Copyright Law: The Role of an International Acquis

Graeme B. Dinwoodie

Chapter 12. Revision of the Berne Convention: Utopia or Realistic Dream?

Michel M. Walter

Part III: International Copyright Law Acquis

Chapter 13. The Moral Interests of Authors as Universal Expressions of the Law of Autonomy: And Their Plural Recognition Within or Outside Copyright Law

Alain Strowel

Chapter 14. Toward an International Common Core of Exceptions and Limitations?

Raquel Xalabarder

Chapter 15. International Fragmentation of Copyright Duration: The Only Place Where the Little Prince and Anne Frank Grow Old

Séverine Dusollier

Chapter 16 Dangers and Challenges of Copyright Law’s Segmentation in the Digital Era from a Private International Law Perspective

Paul L.C. Torremans

Part IV: Gaps in the International Copyright Law Acquis

Chapter 17. Authorship in International Copyright Law

Tatiana Eleni Synodinou

Chapter 18. Nonoriginal Databases and Works of Applied Art as Nonharmonized Matter in International Copyright Law: What Lessons Can Be Learned?

Estelle Derclaye