The economic right of a copyright holder to communicate to the public has become an increasingly important and complex issue in recent years, this is partially due to changes in the way that content is accessed and consumed online. This innovative book analyses the right of communication to the public, taking account of what legal standing an autonomous legal concept can hold, and how this is impacted by wider harmonisation efforts at an EU level.
The book explores the scope of the right of communication to the public in a twofold manner: Firstly, it examines the legal standing and effect, from a constitutional perspective of an autonomous legal concept. Secondly, it analyses CJEU case law, grouping cases by type of communication model to demonstrate what kind of authorisation is required to permit widened communication to the public online. Marusic builds on both strands of analysis to propose an operational model of communication for future use, that can aid in identifying and remedying infringements.
Providing novel analysis on the definition and status of autonomous legal concepts in the EU, and setting this analysis against the context of harmonisation processes, this book will be of great interest to scholars working in both copyright law and EU law more widely.
Rezensionen / Stimmen
'This book offers a fresh perspective regarding the interpretation of the right of communication to the public in EU copyright law by looking into the constitutional blocks of EU law - autonomous legal concepts, and their role in shaping the scope of this right. It clearly determines what type of authorisation is required for widening of the audience in digital realities, by use of different communication models.The result, an excellent and very practical operational model.' -- Jan Gunnar Rosen, Stockholm University, Sweden
Sprache
Verlagsort
Zielgruppe
Maße
Höhe: 234 mm
Breite: 156 mm
ISBN-13
978-1-0353-0222-2 (9781035302222)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Branka Marusic, Senior Lecturer in EU Law, Faculty of Law, Stockholm University, Sweden
Contents: PART I CONTEXTUAL FRAMEWORK 1. Introduction to The Autonomous Legal Concept of Communication to the Public 2. The right of communication to the public, including the right of making available to the public, in a copyright context PART II HARMONISATION 3. The concept of harmonisation 4. Legislative harmonisation on an international level through multilateral international agreements 5. Legislative harmonisation on the EU level 6. Interpretive harmonisation through the use of autonomous legal concepts: autonomy in form 7. Interpretive harmonisation through the use of autonomous legal concepts: autonomy in substance PART III COMMUNICATION MODELS 8. Application of communication models 9. Concluding remarks Index
