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Resultados filtrados por Publicador: Instituto Universitário Europeu

The Pan-European Licensing of Digital Music: The effect of the harmonisation of copyright and the role of collecting societies

FARRAND, Benjamin
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Tese de Doutorado
Português
Relevância na Pesquisa
27.33%
The pan-European licensing of digital music for the non-commercial consumer is a highly topical issue in copyright law at the present time. Whereas the EU continues to strive for the further harmonisation of the internal market, markets for digital services remain an exception, where barriers are artificially raised, rather than brought down. Yet why is harmonisation in this area so difficult to achieve? This thesis seeks to explain the reasons why creating a harmonised market for digital services is difficult to achieve by approaching the question in a multi-disciplinary way. It focuses not only on how the harmonisation of other aspects of copyright law have led to the development of laws which actually hinder the development of online services, but also on why copyright law has developed in such a restrictive manner, by focusing on the role of industry lobbyists and policy makers in the development of contemporary ‘digital’ copyright law. These findings are considered in light of economic analysis of the copyright system, in order to demonstrate why the continued increases in levels of protection and terms of duration of copyright are not only unsupported by economic evidence, but actually appear to hinder the development of new technologies and systems of distribution...

Judge-made EU Copyright Harmonisation: The case of originality

ROSATI, Eleonora
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Tese de Doutorado
Português
Relevância na Pesquisa
27.45%
Over the last few years, political and academic attention has focused on the future of copyright at the EU level. Following two decades of piecemeal legislative interventions, which have resulted in a limited harmonisation of the copyright laws of EU Member States, a debate has ensued as to the feasibility and desirability of achieving full copyright harmonisation at the EU level. This might be obtained either through a EU copyright code, encompassing a codification of the present body of EU copyright directives, or by way of a regulation (to be enacted pursuant to new Article 118(1) TFEU), aimed at creating an optional unitary copyright title. Thus far, however, no such legislative initiatives have been undertaken. Despite this impasse, the CJEU has notably been acting in a proactive way, inching towards full harmonisation. With its 2009 decision in Case C-5/08 Infopaq, the Court provided a EU-wide understanding of an important principle of copyright: the originality requirement. The CJEU further elaborated upon this in subsequent case law (notably, Case C-393/09 Bezpečnostní Softwarová Asociace, Joined Cases C-403/08 and C-429/08 Murphy, Case C-145/10 Painer, Case C-604/10 Football Dataco and Case C-406/10 SAS). The meaning of originality adopted by the CJEU as a EU-wide standard is akin to that envisaged in continental Member States’ copyright laws...