Balancing Copyright Law in the Digital Age: Comparative by Roberto Caso, Federica Giovanella

By Roberto Caso, Federica Giovanella

This publication specializes in the thorny and hugely topical factor of balancing copyright within the electronic age. the assumption for it sprang from the customarily heated debates between highbrow estate students at the percentages and the bounds of copyright. Copyright legislations has been broadening its scope for many years now, and hence it usually clashes with different rights (frequently, basic rights), elevating the query of which correct prevails.

The papers characterize the manufactured from in depth learn by means of specialists, who hire rigorous interpretative methodologies whereas keeping track of comparability and at the affects of recent applied sciences on legislation. The contributions pay attention to the "propertization" of copyright; at the precept of exhaustion of the distribution correct; at the clash among clients' privateness and private information wishes; and at the stability among copyright and educational freedom.

Starting from the problems inherently hooked up to the tricky activity of balancing rights that reply to opposing pursuits, every one essay analyzes suggestions and arguments utilized via institutional decision-makers in attempting to clear up this obstacle. every one writer applies a selected technique regarding criminal comparability, whereas taking into consideration the ecu framework for copyright and similar rights.

This paintings represents a different piece of scholarship, within which a unmarried factor is learn via assorted lenses, demonstrating the necessity to reconcile copyright with different primary parts of law.

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Example text

2 Second Step: Challenging the Conventional Wisdom on the Nonexhaustion Rule Set Forth in Article 3(3) of the InfoSoc Directive . . . . . . . . . . . . . . 3 Third Step: Distinguishing Acts of Reproduction According to Their Intended Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conclusions . .

2 The Interests Protected by the Principle of Exhaustion and Their Persistence in Digital Markets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 The International Legislator’s (Purported) Clarity in Rejecting Online Exhaustion . . . 4 The More Reflective Attitude of the Court of Justice . . . .

117. 55 Cf. Drexl (2012), p. ” On the convergence between the principle of exhaustion and competition rules, see also Rognstad (2008), pp. 427 ff. 56 See, in this regard, European Commission, Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – A Single Market for Intellectual Property Rights. Boosting creativity and innovation to provide economic growth, high quality jobs and first class products and services in Europe, COM(2011) 287 final, Brussels, 24 May 2011, 9.

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