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Topic: Copyright law of the European Union


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In the News (Mon 7 Dec 09)

  
  Copyright - Wex
The U.S. Copyright Act, 17 U.S.C. §§ 101 - 810, is Federal legislation enacted by Congress under its Constitutional grant of authority to protect the writings of authors.
To be covered by copyright a work must be original and in a concrete "medium of expression." See § 102 of the act.
Under current law, works are covered whether or not a copyright notice is attached and whether or not the work is registered.
www.law.cornell.edu /topics/copyright.html   (398 words)

  
 GlobaLex - European Union Legal Materials: An Infrequent User’s Guide
European Court of Justice, consisting of twenty-five judges and eight advocates-general, interprets and adjudicates disputes over EU law, a separate body of law distinct from and supreme over the law of the member states.
The national court determines that a question of European Union law is relevant to the resolution of the case before it and submits the question of European Union law to the Court for resolution.
Although sources of case law of the member states is beyond the scope of this article, researchers should be aware that national court decisions are frequently relevant to points of EU law and should be consulted along with the case law of the European Court of Justice itself.
www.nyulawglobal.org /globalex/European_Union.htm   (6807 words)

  
 COPYRIGHT EXCEPTIONS FOR THE VISUALLY IMPAIRED
At international level, the duration of copyright is, as a general rule, the life of the author and not less than 50 years after the author’s death.
Some laws provide that copies in an alternative format may not be produced if such versions already exist and are commercially available, or stipulate that copyright is not infringed when the alternative format is produced on a non-commercial basis for the visually impaired.
In this regard, copyright must yield appropriately to the public interest, including the needs of the visually impaired and the services of the libraries for the blind, but striking the right balance with the legitimate interests of right owners is not a straightforward process when it comes to digital uses of works.
www.ifla.org /IV/ifla70/papers/177e-Lung.htm   (2811 words)

  
 Copyright law of the European Union - Wikipedia, the free encyclopedia
It is comprised of a number of Directives, which the member states are obliged to enact into their national laws, and by the judgments of the European Court of Justice and the Court of First Instance.
A common term of copyright protection, 70 years post mortem auctoris (from the death of the author) was agreed in 1993 as the directive harmonizing the term of protection of copyright and certain related rights (93/98/EEC).
The first judgments of the European Court of Justice coving copyright were made under the non-discrimination provision of Article 12 EC (formerly Art. 7), and under the provisions of Article 36 which allows for restrictions on trade between Member States if justified by the protection of industrial and commercial property (including copyright).
en.wikipedia.org /wiki/Copyright_law_of_the_European_Union   (2781 words)

  
 Database Legal Protection (BitLaw)
Under the Copyright Act, a compilation is defined as a "collection and assembling of preexisting materials or of data that are selected in such a way that the resulting work as a whole constitutes an original work of authorship." 17.
As a result, compilation copyrights cannot be used to extend copyright protection to ideas or facts that are otherwise unprotectable (it is a basic premise of copyright law that there is no copyright protection for ideas and basic facts, as is explained in the BitLaw section on unprotected works).
The lower court rejected all copyright claims and found that the shrinkwrap license that controlled the end user's right to use the data was both unenforceable (as a shrink wrap license) and preempted by the Copyright Act.
www.bitlaw.com /copyright/database.html   (2201 words)

  
 Campaign for Digital Rights - European Union Copyright Directive
Copyright law requires that those wishing to reproduce or distribute a work may only do so with the permission of the copyright holder (normally the author or his publisher).
Just as copyright is only really the entitlement to bring a court action, fair use only formally exists as an automatic defence to such an action.
There is no incentive for the rightholder to play fair and make the technological protection system honour the limits of copyright, indeed this is the attraction of technological protection: it doesn't expire seventy years after the death of the author, and money can be made from selling fair use entitlements back to the public.
ukcdr.org /issues/eucd/positive_fair_use.shtml   (843 words)

  
 Commons:Licensing - Wikimedia Commons
But the details of copyright law are further complicated because international laws and treaties have to be taken into account, and in some well-known cases, material is in the public domain in one country, yet claimed copyright of in another.
The copyright law of Belarus states that the copyright term lasts for life, then extended for the next 50 years after the death of the author.
Copyright duration of book, pamphlet, and any writing materials, theatrical act and musical act, dance, choreography, all kind of art products, song and music with or without lyrics, architecture, presentation, course, map and translation is as long as the author live, or 50 years later after the author died.
commons.wikimedia.org /wiki/Commons:Licensing   (10136 words)

  
 Campaign for Digital Rights - FAQ
The new "European Union Copyright Directive", the Directive on the harmonisation of certain aspects of copyright and related rights in the information society (or see a better-formatted local copy) must be implemented by member states before the end of 2002.
Because the EUCD gives (in article 6) legal protection to "effective technical measures" used by rightsholders to restrict the use of copyrighted works, and because reverse-engineering such a measure is equivalent to circumventing it, the law creates a class of computer programs which cannot legally be written.
Laws such as the EUCD will make it illegal for the owner of a work to circumvent a TPM even when their only intention is to exercise their "fair use" rights; and in the future, more sophisticated TPMs may be deployed which make circumvention effectively impossible.
ukcdr.org /faq   (3344 words)

  
 Deep Linking Takes Another Blow
The law in question is the "Database Directive," a piece of European Union legislation that grants copyright protection to database creators for "selecting and arranging" the information contained in a database, even if the creator does not hold the copyrights on the collected information.
The NewsClub case is based on a law common to the entire European Union.
Directives outline laws and practices that must be adopted by European Union member states, but each country can chose how to implement the directives.
www.wired.com /news/politics/0,1283,54083,00.html   (721 words)

  
 IngentaConnect Copyright law in the European Union, with special reference to Ge...
Design/methodology/approach - The mandates of the Copyright Law in the European Union are examined and the problems and positions of the various interest groups in amending the German Copyright Law are presented.
Depending on the final version of the Law, not only German libraries, but libraries all over the world may find themselves faced with restrictions in international inter-library loan and thereby be faced with the need to reassess how and if they will be able to offer all the services they have in the past.
Originality/value - The paper examines the background for the current status of the Copyright Law in Germany, presents the positions of the various interest groups, indicates how the flow of information may be affected by any changes and makes a plea for a reasonable solution which will be acceptable to all parties involved.
www.ingentaconnect.com /content/mcb/035/2005/00000054/00000002/art00005   (364 words)

  
 European Union Law - Cambridge University Press
The book charts the development of the European Union from its inception to the present day by exploring in detail the EU's institutions, its law-making, its administrative processes and its substantive law.
Accountability in the European Union Adam Tomkins; 9.
The enforcement of European law Adam Tomkins; 10.
www.cambridge.org /uk/catalogue/catalogue.asp?isbn=0521820413   (444 words)

  
 Guide to research on European Union law
The Law Library is an official depository of publications from the EU.
Official Journal of the European Union - This is the official daily gazette of the EU and is the preferred source for all legal enactments of the EU.
On Westlaw in the European Union Legislation database (EU-LEG) directives are followed by references to national implementing measures.
tarlton.law.utexas.edu /vlibrary/outlines/euguide.html   (1145 words)

  
 Directive on the harmonisation of certain aspects of copyright and related rights in the information society - ...
It is intended to implement the WIPO Copyright Treaty, to which the European Union is a party.
The European Commission has taken proceedings in the European Court of Justice against six Member States for failure to implement the Directive within the required period (before 2002-12-22).
There are no exceptions to copyright (classes of work which are not eligible for copyright), although many (but not all) Member States exclude laws from copyright protection.
en.wikipedia.org /wiki/EU_Copyright_Directive   (915 words)

  
 European Law Forum
Professor Douglas-Scott will be discussing her research on the European Union's responses to terrorism.
Prior to that she was a lecturer in law at Oxford University and fellow of Somerville College from 1990-1998.
Her field of expertise is broadly in EU law, with particular focus on constitutional issues of European integration, EU human rights policy and European and transnational governance.
www.law.columbia.edu /center_program/european_legal/events/Euro_Law_For   (639 words)

  
 CDFreaks.com | news| eu sanctions net copyright law   (Site not responding. Last check: 2007-10-11)
European Union governments ratified a new-media copyright law that will extend copyright protections to new technologies such as the Internet and cell phones.
One of the most heavily lobbied pieces of legislation in the bloc's history, the so-called copyright directive was approved by the European Parliament in February with nine amendments.
Parliament officials said they struggled to come up with a law that was "balanced," giving artists protection for their work on the Internet, cell phones, digital TV and digital music players, without impinging on individuals' private rights.
www.cdfreaks.com /news/1622   (383 words)

  
 Features - Guide to European Legal Databases, Update 5 | LLRX.com
European legal databases are mostly in vernacular, so we have to deal not only with foreign languages but also with nuances in different legal systems and cultures.
European Commission for Democracy through Law (Venice).Venice Commission of the Council of Europe is a body of independent experts in constitutional law.
Lovdata is a non-profit organization established in 1981 by the Ministry of Justice and the Faculty of Law of the University of Oslo.
www.llrx.com /features/europenew.htm   (6112 words)

  
 [No title]
In December 1996 in Geneve the WIPO Copyright Treaty was signed by several by most, if not all, developed countries.
By signing this treaty these countries compromised themselves to give away the right to use a copyrighted work in favour of protection of electronic protections, independently of their effectiveness.
An analysis by a dutch pofessor of law.
silvaneves.org /eucd/eucd.en.html   (539 words)

  
 European Union information - Lawlinks   (Site not responding. Last check: 2007-10-11)
European Judicial Network in civil and commercial matters.This European Commission site links to the judicial system of all the member states, with information on the court structure, civil procedure, the legal professions, dispute resolution, etc. There is both general and state by state information
European Scrutiny Committee of the House of Commons
Historical Archives of the EU at the European University Institute, Florence
library.kent.ac.uk /library/lawlinks/european.htm   (1399 words)

  
 Publications - Digital Media Project
Copyright and Digital Media in a Post-Napster World -- an update of the DMP's 2003 foundational White Paper assessing the state of digital media (January 2005)
Transposing the Copyright Directive: Legal Protection of Technological Measures in EU-Member States -- a study of the implementation of copyright law in different European Union nations (Nov 2004)
Copyright and Digital Media in a Post-Napster World -- the Berkman Center and Gartner released this foundational whitepaper to identify the most important features of today's digital media landscape and the main legal principles that govern it (August 2003)
cyber.law.harvard.edu /media/publications   (568 words)

  
 University of St. Thomas : Opus College of Business : Susan Marsnik
The development of intellectual property law in Central and East European states
Oxford Round Table, European Union - United States Trade Relations, Saint Anthony's College in the University of Oxford, Oxford, England, August 2004.
Journal of Commonwealth Law and Legal Education, Editorial Board, Journal of the Commonwealth Legal Education Association
www.stthomas.edu /cob/faculty/marsnik.html   (375 words)

  
 EFF: Intellectual Property
When Diebold used specious copyright claims to force people to take the memos down, EFF fought back – successfully defending the publishers and winning damages for copyright abuse.
But copyright holders are now using digital rights management (DRM) – sometimes misleadingly called "copy protection" – to take away your rights under copyright law and sell them back to you.
The idea of copyright law is that, after a time, every work comes back into the hands of the public, where it can be reused, recycled, and made part of new creativity without the artist having to pay a fee or call in the lawyers.
www.eff.org /IP   (1014 words)

  
 University of Denver College of Law:  Don Smith European Union Law   (Site not responding. Last check: 2007-10-11)
Recipient of a Jean Monnet European Union Law
The University of Denver College of Law • 2255 East Evans Avenue • Denver, Colorado 80208• (303) 871-6000 • FAX: (303) 871-6378
Copyright 20034University of Denver College of Law and Don Smith
www.law.du.edu /donsmithnew   (86 words)

  
 The Copyright & New Media Law Newsletter   (Site not responding. Last check: 2007-10-11)
As of 2005, The Copyright & New Media Law Newsletter is in its 9th year of publication, with contributors from around the world and subscribers from over 20 countries -- this is the newsletter to help you keep abreast of important copyright issues and news -- and to ensure practical solutions in your everyday activities.
This one-of-a-kind newsletter, edited by edited by author, speaker and copyright lawyer Lesley Ellen Harris, is specifically targeted towards those who create, use, license and distribute copyright-protected materials.
Copyright law developments in the U.S., Canada, the U.K., Australia and the European Union
copyrightlaws.com /newsreps/nrnews.html   (331 words)

  
 Globalmedlaw, European Union - EU - EU LAW - FIND EUROPEAN UNION LAW - EUROPE   (Site not responding. Last check: 2007-10-11)
Direct links to: European Agency for the Evaluation of Medicinal Products (E.M.E.A.); European Environment Agency (EEA); European Training Foundation; European Centre for the Development of Vocational Training (CEDEFOP); European Foundation for the Improvement of Living and Working Conditions ; European Monitoring Centre for Drugs and Drug Addiction (EMCDDA); Office for Harmonization in the Internal Market.
European Dialogue DGX Magazine for Central Europe and the Baltic States.
European Governments on the WWW by Gunnar Anzinger
www.globalmedlaw.com /eu.html   (516 words)

  
 Sidley Austin | CyberLaw | Links
Dedicated to providing information concerning intellectual property law, internet and computer law, and general legal issues to both lawyers and non-lawyers on the Internet.
Professional association of more than 10,000 attorneys formed to assist in improving the laws relating to patents, trademarks, copyrights, unfair competition and other fields of intellectual property.
Moderated list for lawyers and others interested in law to discuss issues related to the use of the Internet in the study, practice, development, and marketing of law.
www.sidley.com /cyberlaw/links/links.asp   (2190 words)

  
 University of Michigan Law Library Research Guides   (Site not responding. Last check: 2007-10-11)
Introduction to Sources of International Law in the University of Michigan Law Library (pdf)
Researching the Law of the European Union (pdf)
Copyright © 2002-2006 Regents of the University of Michigan
www.law.umich.edu /library/refres/researchguides.htm   (145 words)

  
 EDRI | Digital Civil Rights in Europe   (Site not responding. Last check: 2007-10-11)
Members of European Digital Rights have joined forces to defend civil rights in the information society.
The need for cooperation among organizations active in Europe is increasing as more regulation regarding the internet, copyright and privacy is originating from European institutions, or from International institutions with strong impact in Europe.
European Parliament adopts harsh resolution on the new PNR agreement
www.edri.org   (606 words)

  
 French Senate Takes Bite Out Of Apple Law - E-business & Business Technology News by TechWeb
Apple quickly and firmly opposed the plan, labeling it "state-sponsored piracy." The company has not commented on the bill since releasing an initial statement in opposition.
Analysts predicted Apple would pull out of France before complying with a law that would divulge iPod technology information and strip the company of competitive advantages.
Groups advocating free software, open source and interoperability claim the Senate version is gutting the law.
www.techweb.com /wire/ebiz/187003336   (482 words)

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