The competence of the European Union in copyright lawmaking : a normative perspective of EU powers for copyright harmonization /

The competence of the European Union in copyright lawmaking : a normative perspective of EU powers for copyright harmonization /

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Bibliographic Details
Author / Creator:Ramalho, Ana, author.
Imprint:Switzerland : Springer Nature, [2016]
©2016
Description:1 online resource
Language:English
Subject:
Copyright -- European Union countries.
Copyright, International.
Law -- International unification.
Copyright.
Copyright, International.
Law -- International unification.
European Union countries.
Electronic books.
Format: E-Resource Book
URL for this record:http://pi.lib.uchicago.edu/1001/cat/bib/12455157
Hidden Bibliographic Details
ISBN:9783319282060
3319282069
9783319282053
Notes:Includes bibliographical references.
Online resource; title from PDF title page (EBSCO, viewed March 16, 2016).
Summary:This book inquires into the competence of the EU to legislate in the field of copyright, and uses content analysis techniques to demonstrate the existence of a normative gap in copyright lawmaking. To address that gap, it proposes the creation of benchmarks of legislative activity, reasoning that EU secondary legislation, such as directives and regulations, should be based on higher sources of law. It investigates two such possible sources: the activity of the EU Court of Justice in the pre-legislative era and the EU treaties. From these sources, the author establishes concrete benchmarks of legislative activity, which she then tests by applying them to current EU copyright legislation. This provides examples of good and bad practices in copyright lawmaking and also shows how the benchmarks could be implemented in copyright legislation. Finally, the author offers some recommendations in this regard.
Other form:Print version: Ramalho, Ana. Competence of the European Union in Copyright Lawmaking : A Normative Perspective of EU Powers for Copyright Harmonization. Cham : Springer International Publishing, ©2016 9783319282053
Table of Contents:
  • Acknowledgements; List of Abbreviations; Contents; Chapter 1: Introduction; 1.1 Background; 1.1.1 Copyright Goals and Rationales; 1.1.2 Systems of Copyright Protection; 1.1.3 EU Competence in Copyright; 1.1.4 Development of the Copyright Acquis; 1.2 Problem Definition; 1.3 Outline and Methodology; References; Chapter 2: A Normative Gap in Copyright Lawmaking?; 2.1 Introduction; 2.2 Specific Methodology; 2.3 Treaty-Related Objectives; 2.3.1 Establishment and Functioning of the Internal Market; 2.3.2 Fostering Culture; 2.4 Protection of a Specific Interest; 2.4.1 Authors and Performers.
  • 2.4.2 Content Industries2.4.3 Intermediaries; 2.4.4 End Users; 2.5 Compliance with the International Framework; 2.6 Conclusion; References; Chapter 3: Colonizing the Normative Gap: The Intervention of the Court of Justice; 3.1 Introduction; 3.2 Specific Methodology; 3.3 Conflict Between EU Principles and Copyright; 3.4 Judicial Solutions; 3.4.1 Existence Versus Exercise Doctrine; 3.4.2 Specific Subject Matter Doctrine; 3.4.3 Principle of Exhaustion of Rights; 3.4.4 Principle of Non-discrimination on Grounds of Nationality; 3.5 Conclusion; References.
  • Chapter 4: Minding the Normative Gap: The EU Treaties4.1 Introduction; 4.2 Specific Methodology; 4.3 Historical Background; 4.4 Objectives of the EU; 4.4.1 Establishment of an Internal Market; 4.4.2 Promotion of the EUś Values; 4.4.2.1 The Respect for Fundamental Rights; 4.4.2.2 The Rule of Law; 4.4.3 Respect Cultural Diversity; 4.5 Principles Underlying the Competence System; 4.5.1 Conferral; 4.5.2 Subsidiarity; 4.5.3 Proportionality; 4.6 Conclusion; References; Chapter 5: Bridging the Normative Gap: Proposed Benchmarks for Copyright Lawmaking; 5.1 Introduction; 5.2 Specific Methodology.
  • 5.3 Harmonization of National Laws5.4 Respect for National Cultures and Traditions; 5.5 Protection of Creators; 5.6 Protection of End Users; 5.7 Promotion of Competitiveness of EU Industries; 5.8 Conclusion; References; Chapter 6: Field-Testing the Normative Bridge: The EU Copyright Acquis; 6.1 Introduction; 6.2 Specific Methodology; 6.3 Harmonization of National Laws; 6.3.1 The Need for Harmonization; 6.3.1.1 Divergent National Laws (Actual or Potential); 6.3.1.2 Implementation of International Treaties; 6.3.2 The Harmonizing Effect of Directives; 6.3.2.1 Harmonization Technique.
  • 6.3.2.2 Independence from Non-Harmonized Terrain6.3.2.3 Derogation from Harmonized Rules; 6.3.2.4 Wording; 6.4 Respect for National Cultures and Traditions; 6.4.1 Compromise Between the Systems of Copyright and droit dáuteur; 6.4.2 Accommodation of National Legal and Cultural Specificities; 6.5 Protection of Creators; 6.5.1 Guarantee of Income and Recognition to Creators; 6.5.1.1 Grant of Rights to Creators; 6.5.1.2 Strength of Rights; 6.5.2 Facilitation of Further Creative Uses; 6.5.2.1 Unencumbered Use of Existing Works for Creative Purposes; 6.6 Protection of End Users.

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