Tekijänoikeuden erikoiskirjasto

*000      am a        a
*00121695
*008      |2020    xxk    e|     ||| 0|eng||
*020  $a978-0-19-879563-6$qkovakantinen
*040  $aFI-CUTE$bfin$erda
*0410 $aeng
*084  $a33.34$2ykl
*1001 $aKarapapa, Stavroula,$ekirjoittaja.
*24510$aDefences to Copyright Infringement :$bCreativity, Innovation and Freedom on the Internet /$cStavroula Karapapa.
*264 1$aOxford :$bOxford University Press,$c2020.
*264 4$c©2020
*300  $a388 sivua ;$c24 cm
*336  $ateksti$btxt$2rdacontent
*337  $akäytettävissä ilman laitetta$bn$2rdamedia
*338  $anide$bnc$2rdacarrier
*505  $a1 Introduction -- The growing significance of copyright defences -- Scope of the book -- Contextualizing permitted uses -- Senses of copyright law defences -- Classifying copyright law defences -- The value of a classification -- Methodology -- Outline -- Part A Denials of the Elements of Infringement -- 2 Subsistence Negating Claims -- 3 Scope Limitations -- 4 Transient Uses and Temporary Copying -- 5 Implicitly Authorized Uses -- Part B Rationale-Based Defences to Infringement -- 6 Speech Entitlements -- 7 Public Policy Privileges -- 8 Remunerated Exceptions -- 9 External Defences -- 10 Conclusion
*520  $aDefences to copyright infringement have gained increased significance over the past twenty years. The fourth industrial revolution emerged with the development of innovative copy-reliant services and business models, transforming the way in which copyright works can be used, from digital learning methods to mass digitization initiatives, media monitoring services, image transformation tools, and content mining technologies. The lawfulness of such innovative services and business methods, which arguably have the potential to enhance public welfare, is dubious and challenges copyright law. EU copyright contains specifically enumerated, narrowly drafted, and strictly interpreted defensive rules, often taking the form of the so-called exceptions and limitations to copyright. Because the fourth industrial revolution promises innovation and business growth—stated objectives of EU copyright—it invites an examination of defensive rules as a whole. The book adopts a holistic approach in its exploration of the limits of permissibility under EU copyright, including legislatively mentioned exceptions and limitations, doctrinal principles, and rules external to copyright, with a view to unveiling possible gaps and overlaps, offering a novel classification of defensive rules, and evaluating the adaptability of the law towards technological change. Discussing recent legislative developments, such as the provisions of the Digital Single Market Directive, Court of Justice of the European Union case law, and insights from national laws and cases, the book tells the story of copyright from the perspective of copyright defences, offering positivist and normative insights into law and doctrine and arguing towards a principle-based understanding of the scope of defences that could inform future law and policy making.
*650 7$atekijänoikeus$0http://www.yso.fi/onto/yso/p2346$2yso/fin
*650 7$atekijänoikeuslaki$0http://www.yso.fi/onto/yso/p9817$2yso/fin
*650 7$akorvaukset$0http://www.yso.fi/onto/yso/p4223$2yso/fin
*650 7$arojaltit$2yso/fin$0http://www.yso.fi/onto/yso/p16798
*650 7$aEU-oikeus$0http://www.yso.fi/onto/yso/p20733$2yso/fin
*650 7$aEU-direktiivit$0http://www.yso.fi/onto/yso/p10768$2yso/fin
*650 7$adigitalisaatio$2yso/fin$0http://www.yso.fi/onto/yso/p8692
*653  $atekijänoikeuden loukkaus
*653  $aomaperäisyys
*852  $h33.34 KAR
^

Defences to copyright infringement have gained increased significance over the past twenty years. The fourth industrial revolution emerged with the development of innovative copy-reliant services and business models, which have transformed the way in which copyright works can be used and re-used, spanning from digital learning methods, to mass digitization initiatives, media monitoring services, image transformation tools or content-mining technologies. The lawfulness and legitimacy of such innovative services and business methods, that arguably have the potential to enhance public welfare, is dubious and challenges copyright law. EU copyright contains diverse, yet specifically enumerated, narrowly drafted, and strictly interpreted defensive rules, often taking the form of the so-called exceptions and limitations to copyright. In addition, defendants may also deny liability by attacking one or more of the elements of infringement, by bringing forward for instance claims negating copyright subsistence or the scope of copyright protection. Because the fourth industrial revolution comes with the promise of innovation and business growth, which are stated objectives of EU copyright, it invites an examination of defensive rules as an organic whole. This book adopts such a holistic approach in its exploration of the limits of permissibility under EU copyright, including not only legislatively mentioned exceptions and limitations but also doctrinal principles and external to copyright rules with a view to unveil possible gaps and overlaps, offering a novel classification of defensive rules, and evaluating the adaptability of the law towards technological change. Discussing recent legislative developments, such as the provisions of the Digital Single Market Directive, and case law from the Court of Justice, and bringing insights from an extensive set of national laws and cases, this book tells the story of copyright from the perspective of copyright defences, offering both positivist and normative insights into law and doctrine and arguing towards a principle-based understanding of the scope of defences that could inform future law and policy making.