Copyright and Fundamental Rights in the Digital Age
A Comparative Analysis in Search of a Common Constitutional Ground
Published on 16. October 2020
Book
Hardback
288 pages
978-1-78811-387-8 (ISBN)
Description
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.
Contributors include: M. Bassini, G.G. Codiglione, F. Macmillan, M.L. Montagnani, T. Mylly, O. Pollicino, E. Psychogiopoulou, G.M. Riccio, O. Soldatov, A. Strowel, A. Trapova
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.
Contributors include: M. Bassini, G.G. Codiglione, F. Macmillan, M.L. Montagnani, T. Mylly, O. Pollicino, E. Psychogiopoulou, G.M. Riccio, O. Soldatov, A. Strowel, A. Trapova
More details
Language
English
Place of publication
Cheltenham
United Kingdom
Target group
Professional and scholarly
Dimensions
Height: 234 mm
Width: 156 mm
ISBN-13
978-1-78811-387-8 (9781788113878)
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 Classification
Persons
Edited by Oreste Pollicino, Full Professor of Constitutional Law, Bocconi University, Italy, member of the Sounding Board on Disinformation, expert for the Global Partnership on Artificial Intelligence (GPAI), and member of the board of the European Union Fundamental Rights Agency (FRA), Giovanni Maria Riccio, Professor of Comparative Copyright Law, University of Salerno, Italy and Marco Bassini, Tilburg Law School, Tilburg University, the Netherlands
Content
Contents:
1 Introduction 1
Oreste Pollicino, Giovanni Maria Riccio, Marco Bassini
2 'Speaking truth to power': copyright and the control of speech 6
Fiona Macmillan
3 Copyright strengthened by the Court of Justice interpretation
of Article 17(2) of the EU Charter of Fundamental Rights 28
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 54
Tuomas Mylly
5 Copyright and fundamental rights in European Court of
Human Rights case law 99
Oleg Soldatov
6 Cultural rights, cultural diversity and the EU's copyright
regime: the battlefield of exceptions and limitations to
protected content 124
Evangelia Psychogiopoulou
7 The influence of the Court of Justice of the European Union
on national courts in copyright cases 155
Giovanni Maria Riccio
8 US and EU: diverging or intertwined paths? 188
Maria Lilla Montagnani and Alina Trapova
9 From private enforcement to public enforcement. Copyright
enforcement in the digital age: a comparative overview 216
Giorgio Giannone Codiglione and Marco Bassini
Index
1 Introduction 1
Oreste Pollicino, Giovanni Maria Riccio, Marco Bassini
2 'Speaking truth to power': copyright and the control of speech 6
Fiona Macmillan
3 Copyright strengthened by the Court of Justice interpretation
of Article 17(2) of the EU Charter of Fundamental Rights 28
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 54
Tuomas Mylly
5 Copyright and fundamental rights in European Court of
Human Rights case law 99
Oleg Soldatov
6 Cultural rights, cultural diversity and the EU's copyright
regime: the battlefield of exceptions and limitations to
protected content 124
Evangelia Psychogiopoulou
7 The influence of the Court of Justice of the European Union
on national courts in copyright cases 155
Giovanni Maria Riccio
8 US and EU: diverging or intertwined paths? 188
Maria Lilla Montagnani and Alina Trapova
9 From private enforcement to public enforcement. Copyright
enforcement in the digital age: a comparative overview 216
Giorgio Giannone Codiglione and Marco Bassini
Index