Hylly
Henkilönnimi
Nimeke- ja vastuullisuusmerkintö Should We Bury the Concept of Reproduction : Towards Principle-Based Assessment in Copyright Law?
Julkaistu
Ulkoasutiedot
Sarjamerkintö ei-lisäkirjausmuodossa IIC : International Review of Intellectual Property and Competition Law, ISSN 0018-9855 ; 48 (8)
Huomautus sisällöstä, tiivistelmä tms. Since of the very beginning of the modern copyright law era, the exclusive right of reproduction has been an integral part of copyright law. However, among the fundamental concepts of copyright, it is perhaps the least suitable for the digital environment due to its technical-functional nature. Flexible, principle-oriented regulation enabling context-sensitive outcomes and balancing of interests is needed in European copyright law. In this respect, often suggested solutions such as a fair use exception or the implied licence doctrine might not create enough adaptability; whereas, a better solution would be to reform the fundamental structures of copyright law. Even though achieving any radical changes to international conventions might not be realistic, this article attempts to find an alternative approach to the concept of reproduction . Structural rather than substantive elements as substitutes for reproduction could be derived from the context of modern trademark law. Such an approach would be consistent with the existing weak signals on convergence between the branches of industrial property law and copyright. As a structural adoption, a formulation stressing the legitimate interests behind the protection and consequences of utilisation of the protected object for these interests could be used in copyright law. One possibility would be a flexible instrument by which it would be evaluated whether the utilisation of copyrighted work affects, or is liable to affect, the legitimate interests of the right holder or alternatively if the utilisation follows honest practice in the particular sector of the creative industry.
Asiasana - Kontrolloimaton
*00002716nab a22003374a 4500
*00112032
*00520201106111834.0
*007tu
*008180123s2017\\\\xx\|||||\||||\|||||0eng|c
*035 $a24746
*035 $a(PLib-conv)0000024746
*0410 $aeng
*090 $aOMA:SA-II10
*1001 $aPihlajarinne, Taina.
*24510$aShould We Bury the Concept of Reproduction :$bTowards Principle-Based Assessment in Copyright Law? /$cTaina Pihlajarinne.
*260 $c2017.
*300 $a953-976.
*4901 $aIIC : International Review of Intellectual Property and Competition Law,$x0018-9855 ;$v48 (8)
*520 $aSince of the very beginning of the modern copyright law era, the exclusive right of reproduction has been an integral part of copyright law. However, among the fundamental concepts of copyright, it is perhaps the least suitable for the digital environment due to its technical-functional nature. Flexible, principle-oriented regulation enabling context-sensitive outcomes and balancing of interests is needed in European copyright law. In this respect, often suggested solutions such as a fair use exception or the implied licence doctrine might not create enough adaptability; whereas, a better solution would be to reform the fundamental structures of copyright law. Even though achieving any radical changes to international conventions might not be realistic, this article attempts to find an alternative approach to the concept of reproduction . Structural rather than substantive elements as substitutes for reproduction could be derived from the context of modern trademark law. Such an approach would be consistent with the existing weak signals on convergence between the branches of industrial property law and copyright. As a structural adoption, a formulation stressing the legitimate interests behind the protection and consequences of utilisation of the protected object for these interests could be used in copyright law. One possibility would be a flexible instrument by which it would be evaluated whether the utilisation of copyrighted work affects, or is liable to affect, the legitimate interests of the right holder or alternatively if the utilisation follows honest practice in the particular sector of the creative industry.
*653 $aTEKIJÄNOIKEUS
*653 $aFAIR USE
*653 $aLISENSSIT
*653 $aCOPYRIGHT
*653 $aREPRODUCTION
*653 $aFAIR USE
*653 $aIMPLIED LICENCE
*653 $aLEGITIMATE INTERESTS
*653 $aHONEST PRACTICE
*8102 $aIIC International Review of Intellectual Property and Competition Law,$x0018-9855 ;$v8
*852 $hSA-II10$cPIHLAJARINNE
*979 $a0000024746
*999 $aMikroMarc$b[Article]$x7
^
Tästä teoksesta ei ole arvioita.
Näpäytä
kun haluat kirjoittaa ensimmäisen arvion.