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Editor

Contributors

List of Abbreviations

Acknowledgments

Introduction
Tatiana Eleni Synodinou

Part I
Regional Copyright Law Harmonization

Chapter 1
EU, BC, WCT: The Compatibility of EU Copyright Law with the International Acquis in the Berne Convention, TRIPS and WCT
Antoon A. Quaedvlieg

Chapter 2
The Creeping Unification of Copyright in Europe
P. Bernt Hugenholtz

Chapter 3
Globalization of Collective Rights Management and the Role of National CMOs
Rudolf Leška

Chapter 4
US (Non)Compliance with Its International Copyright Obligations under Berne, TRIPS and the 1996 WIPO Copyright Treaties
Jane C. Ginsburg

Chapter 5
Is the US Fair Use Doctrine Compatible with Berne and TRIPS Obligations?
Pamela Samuelson & Kathryn Hashimoto

Chapter 6
The Compatibility of Canada’s Copyright Law with the Berne Convention
Ysolde Gendreau

Chapter 7
Evolutions of Copyright Law in Africa: Compatibility with International Norms and Directions
Marisella Ouma

Chapter 8
Copyright Pluralism or Universalism in the Digital Knowledge Economy in Asia and Australasia
Daniel Seng & Shaun Lim

Chapter 9
Bilateral Trade and Investment Agreements and the Harmonization of Copyright Law at International Level: Lessons to Be Learned from the TTIP
Christophe Geiger

Part II
Pluralism or Universalism in International Copyright Law Making

Chapter 10
Berne Convention: The Epicenter of Universalism or the Contrary?
Dionysia Kallinikou

Chapter 11
Universality or Diversity? The WIPO Role and Strategy in International Copyright Lawmaking
Jørgen Blomqvist

Chapter 12
Toward a New Berne Convention
Daniel Gervais

Chapter 13
Pluralism and Universalism in International Copyright Law: The Role of an International Acquis
Graeme B. Dinwoodie

Part III
International Copyright Law Acquis

Chapter 14
The Author’s Exclusive Rights According to the Berne Plus-Plus Copyright Framework, Their Adaptation to New Technical and Societal Challenges and the Limits of Such Adaptation
Michel M. Walter

Chapter 15
The Moral Interests of Authors as Universal Signs of the Law of Autonomy: And Their Plural Recognition Within or Outside Copyright Law
Alain Strowel

Chapter 16
Toward an International Common Core of Exceptions and Limitations?
Raquel Xalabarder

Chapter 17
International Fragmentation of Copyright Duration: The Only Place Where the Little Prince and Anne Frank Grow Old
Séverine Dusollier

Part IV
Global Copyright Enforcement in the Digital Era

Chapter 18
Intermediary Liability in a Global World
Matthias Leistner

Chapter 19
How Europe Wants to Redefine Global Online Copyright Enforcement
Martin Husovec

Chapter 20
Dangers and Challenges of Copyright Law’s Segmentation in the Digital Era from a Private International Law Perspective
Paul L.C. Torremans

Part V
Gaps in the International Copyright Law Acquis

Chapter 21
Authorship in International Copyright Law
Tatiana Eleni Synodinou

Chapter 22
Nonoriginal Databases and Works of Applied Art as Nonharmonized Matter in International Copyright Law: What Lessons Can Be Learned?
Estelle Derclaye

Chapter 23
Copyright Contract Law
Agnès Lucas-Schloetter

Chapter 24
Soft Law: A Plural Right, Open to Universality? The Example of the Fight Against Counterfeiting
Alexandra Bensamoun

Part VI
Human Rights and International Copyright Law

Chapter 25
Universalism, Pluralism or Isolationism? The Relationship Between Authors’ Rights and Creators’ Human Rights
Jonathan Griffiths

Chapter 26
Access to Works Protected by Copyright Law
Philippe Jougleux

Chapter 27
Universal Measures in the Service of Global Challenges: Proportionality, Blocking Orders, and Online Intermediaries as Hybrid Bodies
Orit Fischman Afori

Table of Cases

Index

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알라딘제공

In a world where powerful intermediaries like Google and Facebook are de facto regulators of the communication of copyright-protected works, the democratization of access to content has both substantially expanded the availability of new markets and dramatically increased copyright infringements. Does this mean that the long-sought ideal of a "universal" copyright regulation, which would harmoniously combine effective protection of intellectual creations with public interest goals, is a lost cause? Taken together, the contributions to this insightful and thoroughly researched book suggest that despite the prevailing labyrinthine mosaic of divergent national responses to fragmentation at international level, the foundations of a universal approach can be found in the interaction of regional, national and international copyright law instruments when responding to current and emerging technologies.

Emphasizing the adaptation of copyright law to the needs of the information society, this volume provides critical approaches by leading copyright scholars on whether pluralism or universalism is the appropriate path to follow for the development of international copyright law. The authors deal with such issues and topics as the following:

  • the application of core copyright law principles worldwide;
  • authorship, rights and exceptions in the international copyright acquis;
  • Internet copyright enforcement;
  • global collective management of copyright;
  • copyright contracts;
  • database and design rights;
  • intermediary liability;
  • the global reach of the U.S. Fair Use doctrine;
  • World Intellectual Property Organization's role and strategy in international copyright lawmaking; and
  • bilateral trade and investment agreements involving copyright.

Specific evolutions and emerging trends in national and regional digital copyright laws are analyzed and assessed as they have developed in the European Union, the United States, Canada and Australia, as well as in several Asian and African countries. Throughout, attention is paid to compatibility with the Berne Convention, the perceived core of copyright law in the international copyright acquis, and the key question of the balancing of copyright law with fundamental rights from an international and comparative law perspective.

As a comprehensive analysis of how core copyright law concepts and principles function in today's fragmented copyright legal system, this book has no peers. Its detailed treatment of numerous specific instruments and regimes, as well as its insightful approaches to the future of international copyright lawmaking, will prove of immeasurable value to lawyers, judges, policy makers, academics and researchers working in the field of copyright law.

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