Balancing Copyright - A Survey of National Approaches

How does copyright law take into account the interests of third parties, especially the general public's interest in the greatest possible dissemination of knowledge and culture? Twelve basic questions give copyright law experts from more than forty countries the opportunity to provide answers related to their national law on the following matters: categories of works and subject matter, eligibility conditions, duration, "users' rights," the three-step test, misuse, differentiations between categories of right holders, TPM, and relations of copyright law to other legal areas such as fundamental rights, competition law, consumer protection law, media law etc. The standardized form of the reports makes it easy to see the impacts of copyright law in the industrialized countries as well as in emerging economies; in common-law and civil-law approaches; in countries of the Andean Community and of the European Union, as well as in countries that are not party to the WIPO Treaties. A detailed preliminary chapter provides an approachable overview of issues and results. This chapter also discusses the voice of academia, represented by the European Copyright Code of the "Wittem Group."

List of contents

Overview.- Questionnaire.- Argentina.- Australia.- Belgium.- Bosnia and Herzegovina.- Brazil.- Canada.- Chile.- China.- Colombia.- Croatia.- Cyprus.- Egypt.- France.- Germany.- France.- Greece.- Hungary.- India.- Israel.- Italia.- Japan.- Korea (Republic).- Lithuania.- Macau S.A.R.- Netherlands.- Poland.- Portugal.- Russia.- Serbia.- Singapore.- Scandinavia (Norway, Denmark and Sweden).- Slovenia.- South Africa.- Spain.- Switzerland.- Taiwan.- Turkey.- Uganda.- United Kingdom.- United States of America.

Summary

How does copyright law take into account the interests of third parties, especially the general public’s interest in the greatest possible dissemination of knowledge and culture? Twelve basic questions give copyright law experts from more than forty countries the opportunity to provide answers related to their national law on the following matters: categories of works and subject matter, eligibility conditions, duration, “users’ rights,” the three-step test, misuse, differentiations between categories of right holders, TPM, and relations of copyright law to other legal areas such as fundamental rights, competition law, consumer protection law, media law etc. The standardized form of the reports makes it easy to see the impacts of copyright law in the industrialized countries as well as in emerging economies; in common-law and civil-law approaches; in countries of the Andean Community and of the European Union, as well as in countries that are not party to the WIPO Treaties. A detailed preliminary chapter provides an approachable overview of issues and results. This chapter also discusses the voice of academia, represented by the European Copyright Code of the “Wittem Group.”

Product details

• Assisted by: Ret Hilty (Editor), Reto Hilty (Editor), Reto M. Hilty (Editor), Nérisson (Editor), Nérisson (Editor), Sylvie Nérisson (Editor)
• Publisher: Springer, Berlin
• Languages: English
• Product format: Hardback
• Released: 01.06.2012
• EAN: 9783642295959
• ISBN: 978-3-642-29595-9
• No. of pages: 1093
• Dimensions: 157 mm x 244 mm x 58 mm
• Weight: 1800 g
• Illustrations: IX, 1093 p.
• Series: MPI Studies on Intellectual Property, Competition and Tax Law; MPI Studies on Intellectual Property and Competition Law; MPI Studies on Intellectual Property, Competition and Tax Law; MPI Studies on Intellectual Property and Competition Law
• Subjects: Social sciences, law, business > Law > Public law, administrative procedural law, constitutional procedural law; B, Law, International Law, Private International Law, Law and Criminology, Conflict of Laws, comparative law, Mass Media, IT Law, Media Law, Intellectual Property, Copyright;Fair use;Limitation;Three-step test;Users' right