Intellectual property issues in the film industry are often highly complex and in today's world are evolving rapidly. In this second edition of Film Copyright in the European Union, Pascal Kamina unravels the complexities of film protection in twenty-eight member states of the European Union, including thirteen new member states who have joined since the first edition. As well as addressing key aspects of film copyright, Pascal Kamina also deals with the protection of film works within the European Union in the context of European harmonisation of copyright laws. Including a new chapter on copyright enforcement, this second edition details the substantial developments in EU law during the last decade, including major cases for the European Court of Justice, new treaties and new directives. This book will interest practitioners, academics and students. The developments on contracts and moral rights will be of particular interest to lawyers outside continental Europe.
Intellectual property issues in the film industry are often highly complex and in today's world are evolving rapidly. In the first book on this subject, Pascal Kamina unravels the complexities of film protection in the fifteen member states of the European Union, giving special emphasis to the United Kingdom and France. As well as addressing key aspects of film copyright, Kamina also deals with the protection of film works within the European Union in the context of European harmonisation of copyright laws. He details the main features of the domestic legislations of EU member states, and identifies the difficulties awaiting a further harmonization of copyright and neighbouring rights in this field. This book will interest practitioners, academics and students. The developments on contracts and moral rights will be of particular interest to lawyers outside continental Europe.
. . . an important contribution to the study of EU copyright law. It provides a good overview of different aspects of copyright law in the European Union and comprises a prevailing guide which undoubtedly will be of great use to both academics and practitioners. Ghufran Sukkaryeh, European Intellectual Property Review Estelle Derclaye s book is indeed a Handbook on EU copyright law, since practically every aspect of copyright law is examined through the lens of EU law by foremost European specialists. But it goes further than providing an understanding of what has been and ought to be happening in EU copyright law: each chapter can touch a raw nerve in the copyright law of any country in the world. Rarely has it been so obvious that EU copyright law can be considered a laboratory for copyright law in general. Ysolde Gendreau, Université de Montréal, Canada It has been over fifteen years since the EU started harmonising copyright law. This original Handbook takes stock and questions what the future of EU copyright should be. What went wrong with the harmonisation acquis? What did the directives do well? Should copyright be further harmonised? Each of the 25 recognised copyright experts from different European countries gives a critical account of the EU harmonisation carried out on several aspects of copyright law (subject-matter, originality, duration, rights, defences etc.), and asks whether further harmonisation is desirable or not. This way, the Handbook not only gives guidance to European institutions as to what remains to be done or needs to be remedied but is also the first overall picture of current and future EU copyright law. This Handbook will be of great interest to academics and intellectual property lawyers, as well as general commercial lawyers, across Europe because it reviews European directives in the field of copyright and also the relationships between copyright and other laws. Policymakers will also find much to interest them in the discussions regarding the future of EU copyright law and the proposed amendments to the existing legal framework.
This significantly revised and updated second edition addresses the rapid development of EU copyright law in relation to the advancement of new technologies, the need for a borderless digital market and the considerable number of EU legal instruments enacted as a result. Taking a comparative approach, the Commentary provides comprehensive coverage and in-depth commentary on each of the EU legal instruments and policies, both from an EU and an international perspective. Alongside full legislative analysis and article-by-article commentary, the Commentary illustrates the underlying basic principles of free movement and non-discrimination and provides insights into the influence of copyright on other areas of EU policy, including telecoms and bilateral trade agreements.
This report is based on an analysis of the 30 most frequently pirated creative works in each of the EU Member States, including 316 films, 500 music artists and 309 TV series. The data on consumption of pirated content was purchased from MUSO, a leading commercial provider of such data, while the data on legal consumption of film (as measured by the number of admissions to theatres) was obtained from the European Audiovisual Observatory's Lumiere database. For music and TV series, such data is not available at the title and artist level. For this reason, the analysis in this report is more extensive for film than for music and television. Piracy mainly affects creative works recently produced and released. In the case of film, two piracy patterns appear. Firstly, piracy follows commercial success. Therefore, it is suffered mainly by films that were commercially successful in cinemas and enjoyed wide international distribution. For this reason, piracy is suffered above all by US productions (84 % of the MUSO list) but also British, French and Italian ones. Piracy of films from these four countries represents 96 % of film piracy in the EU.
The Routledge Handbook of EU Copyright Law provides a definitive survey of copyright harmonization in the European Union, capturing the essential and relevant issues of this relatively recent phenomenon. Over the past few years, two themes have emerged: on the one hand, copyright policy and legislative initiatives have intensified; on the other hand, the large number of references to the Court of Justice of the European Union has substantially shaped the EU copyright framework and, with it, the copyright framework of individual EU Member States. This handbook is a detailed reference source of original contributions which analyze and critically evaluate the state of EU copyright law with a view to detecting the key trends and patterns in the evolution of EU copyright, weighing the benefits and disadvantages of such evolution. It covers a broad range of topics through clusters focused on: the history and approaches to EU copyright harmonization; harmonization in the areas of exclusive rights, exceptions and limitations, and enforcement; copyright policy and legacy of harmonization. With contributions from a selection of highly regarded and leading scholars in this field, the Routledge Handbook on European Copyright Law is an essential resource for students and scholars who are interested in the field of copyright law.
In the Second Edition of Copyright Exhaustion, copyright scholar Péter Mezei offers an expanded examination of copyright exhaustion, including its historical development, theoretical framework, practical applications, and policy considerations. He includes updated case law and statutory developments for the first-sale doctrine in the United States and in the European Union, covering both analogue and digital applications with an eye toward scrutinizing the common rejection of exhaustion in the resale of digital subject matter including computer programs, sound recordings, audiovisual works, and e-books. He advocates for a digital first-sale doctrine that would offer legal consistency to copyright law and a technologically feasible framework for content producers and consumers.
I. GENERAL APPROACH 1. Cinema; Article 10.1.d) of the Intellectual Property Law and Article 86.1 of the same; author or authors. Essential Arti-cles of the Intellectual Property Law relative to authors; Ar-ticles 5.1, 1 and 7.1 2. The cinematographic work; Hollywood Oscars; cinematograp-hic work: work with plurality of authors, work of joint creation and not collective 3. Cinematographic work authorship; Article 87 of the Inte-llectual Property Law; reverential reading of the text; Law 17/66 derogated; Article 87 of the Intellectual Property Law contains -for some- a closed list 4. Arguments to defend the co-authorship of directors of photography in the cinematographic work: qui tacet non altrui consentire videtur; the line of argument a simile and the possi-ble analogy game; voluntas legis and voluntas legislatoris 5. Regulation interpretation criteria; Article 3.1 of the Civil Code. Systematic interpretation; Article 87 of the Inte-llectual Property Law presupposes a series of Articles that pre-cede it. The essential element in cinema are the images. Article 10 of the Intellectual Property Law: a list of works not inten-ded to be exhaustive but by way of illustration. Article 3 of the Intellectual Property Law on the cinematographic works of 1966, legislative precedent appropriate for interpreting Article 87 of the Intellectual Property Law 6. Royal Decree 526/2002 of 14 June which regulates measures for fostering and promoting cinematography and making co-production films 7. Photographs, simple photographs and cinematographic pho-tography II. THE MATTER IN THE LIGHT OF HISTORY AND COMPARATIVE LAW 1. The matter in the light of History, with particular refe-rence to Spain: the beginning of cinema; the Berne Convention and its various reviews -Ber lin, 1908; Rome, 1928-; the French Bill on Cinematography of 1939 2. Spanish Law 17/1966 on intellectual property rights in cinematographic works; Article 87 of the current Spanish Inte-llectual Property Law; people who have participated in the creation of audiovisual work; numerus clausus or numerus aper-tus of authors; instructions on the photographs; creative role of the director of photography 3. Comparative law. The matter in Latin America. Plurality of systems 4. The matter in the Member States of the European Union. Plurality of systems 5. The matter in the European Union Directives on rental and lending rights, satellites and duration and their impact on au-diovisual work authorship 6. The report of 6 December 2002 from the Commission to the Council, the European Parliament, and the Economic and Social Committee on the question of authorship of cinematographic or audiovisual works in the Community and its review III. RECAPITULATION AND PROPOSALS FOR THE FUTURE IV. DIRECTORS OF PHOTOGRAPHY AND AUDIOVISUAL WORKS IN THE NEW SPANISH LAW ON CINEMA 1. Law on Cinema. Preamble of the same. Article 1 of the Law 2. The creative artists of audiovisual works 3. The co-authors 4. The director of photography as co-author of the audiovi-sual work 5. Law on Cinema Law, integrated by general legal regula-tions. The so-called nationality of audiovisual works. Spanish director of photography, director of photography/author 6. The authorship of the director of photography, determined in accordance with the entire Spanish Legal System and also in accordance with the Intellectual Property Law. Of the derogation of laws. Article 2.2 of the Civil Code. Express derogation and tacit derogation. The Only Derogation Provision of the Law on cinema 7. Directors of photography, copyright owners on audiovisual works. Need for an entity that administers the rights of the di-rectors of photography. Remuneration and compensation. Rules es-tablished in the Civil Code for joint ownership. The scope of the new Law. The First Temporary Provision of the Civil Code
Inside the EU, modernizing its copyright framework for the Internet age is considered a key step toward a Digital Single Market in the creative content sectors. To explore the most suitable and realistic policy options to achieve this objective, the CEPS formed a task force to foster a multistakeholder dialogue on the major challenges for copyright law in the online content sector today. Drawing on those discussions, this report contains the conclusions and policy recommendations organized around three main themes: - Licensing rules and practices in the online music and film sectors - The definition and implementation of copyright exceptions in the digital environment - The present and future of online copyright enforcement in Europe
First released in early 2019, Copyright and the Court of Justice of the European Union remains the only book exclusively devoted to the case law of the Court of Justice of the European Union (CJEU) in the EU copyright field. Fully updated for the new edition, the book explains the Court's role and action in the field of EU copyright law and provides readers with a sense of the direction of the Court's jurisprudence through an exercise of 'tidying up' and rationalizing the rulings issued so far. In his foreword to the first edition, First Advocate General Maciej Szpunar praised the book's 'profound analysis' of the EU copyright protection and CJEU decisions, which in his view, 'unveiled new information, perhaps never considered, even by members of the Court'. The new edition captures all the significant developments in EU copyright law that have occurred since 2019. Aside from macro-events such as the UK's now completed departure from the EU and the adoption of the Digital Single Market Directive (2019/790), seminal judgments have been issued by the CJEU which touch upon all the main foundational aspects of EU copyright. This book is structured in three parts. The first part is about the role of the CJEU as an EU institution. Following a discussion of the impact of CJEU interpretation of EU copyright provisions (notably their pre-emptive effect on individual EU Member States' freedom), the second part is concerned with CJEU action and vision in respect of four key areas of copyright and related rights: the requirements for protection, construction of exclusive rights, exceptions and limitations, and enforcement. The final part focuses on the legacy of CJEU case law broadly intended, having regard to both individual countries' copyright laws (specifically: the UK) and recent EU copyright reform discourse, notably in the context of the DSM Directive. Timely and engaging, Copyright and the Court of Justice of the European Union provides novel insights into the activity of the CJEU in the copyright field and reflects on the resulting implications for the present and future of EU copyright.
