Introduction to Digital Copyright Law

Studies of Applied Economics, 2021

The purpose of this article is to identify changes in the nature of the challenges and analyze key trends in international law regulation of copyright and related rights protection in the digital environment. It is established that the digital environment forms the newest type of legal relations, which requires modification of copyright legislation. International experience on the latest trends in copyright and related rights protection in the digital environment has discussed. It has established that the key trend of modification international legal regulation of copyright and related rights in the digital environment there are stricter measures to restrict online sales of pirated books, audiovisual products and electronic publications. Particular attention has paid to combating copyright infringement on social networking platforms, as well as in the field of online education, training, e-commerce. It has proved that to improve the mechanism of combating crime in the field of intel...

Abstract The paper aims at explaining the current crisis of copyright law in the digital era. The primary hypothesis of the study is that the core of the problem can be found in the divergence between legal and social norms concerning the access to intellectual and artistic creations. The author discerns two main sources of the conflict between these two bodies of norms. The first is the result of the particular dynamics in the development of technology, copyright law and social norms that are perceived as a global phenomenon. The second is the outcome of specific local particularities that led in some societies to the evolution of social norms which differ considerably from the contemporary intellectual property regime. In both cases, however, the core of the problem lies in the fact that consumer held social norms (developed either on the global or local level) strongly oppose the absolute property rhetoric present in most of the international regulations in copyright law.

EU Copyright law, an ancient history, a contemporary challenge, 2022

in past evolutions. In the process of establishing modern copyright law, the influence of technological changes appears to be an intrinsic element of the regulation of copyright law. Indeed, rather than being external to copyright law, technology forms an integral part of the very fabric of law. 1 A dialectic relationship between copyright law and technology is generally accepted. Technology poses new challenges to copyright

Annual Survey of International Comparative Law, 2010

ABSTRACT: Despite international and European cooperation, copyright law remains a predominantly national affair dominated by national policy. The article examines if this framework is up to the challenges presented by the internet. Two problems are found: the laws of all the receiving countries apply to an internet publications, and these laws often differ substantially. This is so because states wish to remain free to draft national copyright policy and apply it to their public sphere. As a consequence, exemptions from copyright protection are not harmonised. Using the example of digital libraries and the problem of copyright protected works whose right holders are unknown or unlocatable (so-called orphan works), the article demonstrates how divergence of laws impairs internet-related use of copyrighted materials. As these orphan works cannot legally be used, an exemption from copyright protection may be warranted. However, to facilitate online distribution, an international approach is required. This article discusses the possibilities of such an approach by means of choice of law, and harmonisation and unification of copyright law in the EU.

2016

This article looks at the law applicable to copyright infringement on the Internet. In order to do so we need to look first of all at the rules concerning the applicable law for copyright infringement in general. Here the starting point is the Berne Convention. Its provisions give an indication of the direction in which this debate is going, but we will see that they merely provide starting points. We then move on to the approach in Europe under the Rome II Regulation and here more details become clear. Essentially, the existing rule boils down to a lex loci protectionis approach, which is in conformity with the starting point that is found in the Berne Convention. It is however doubtful whether such a country by country approach can work well in an Internet context and suggestions are made to improve the legal framework by adding a rule for ubiquitous infringement and a de minimis rule. Finally, we also briefly look at the issues surrounding the cross-border portability of online c...

The copyright law in historical annals is known to be the legacy of technology. It has undergone systematic changes keeping in view the nature, extent and domain of technology involved to secure the public interest of creativity, innovation and ingenuity. Its main thrust is to provide adequate incentives to authors and creators of diverse copyright works, on the one hand, and make such works accessible to the public on the other hand. The copyright law had to adjust itself between the need to award the creator and the desirability of making such works public. With the ubiquity of the Internet as a unique and wholly new medium of worldwide human communication all over the world, shrunk into a digital global village, the protection of copyright works has become a serious concern for lawyers, as well as, the other stakeholders. The Internet together with P2P computer networks makes it possible for an increasingly larger number of individuals to participate in collaborative information production, thereby enervate the efforts to provide incentives to original creators of intellectual property. The Internet enables the nearly-instantaneous, original quality reproduction of and world-wide, lightening-speed dissemination of copyrighted works. The above arresting features of Internet make itself emerge as "the world's biggest copy machine" The puzzles and paradoxes underlying the digital dilemma, by nature, are connected with the dichotomy between the notion of "information wants to be free" and the demands for stronger proprietary control of information in the digital environment. Against the above background this paper shall examine and critically analyze emerging issues regarding copyright protection in digital environment.

" The only types of laws we need are effective laws, laws that are effective for their purpose, in the case of copyright, to promote the progress of science. " William Patry ABSTRACT: The digitalization of copyrighted works including text, music and video has dramatically increased the efficiency of unauthorized copying. Nowadays it is easier to copy and share digital information, to copy and paste from a web page, to share files. Even common tasks such as sending email and browsing the web involve the creation of copies. The Internet allows the infringers to produce thousands of copyrighted work at little cost. Providing legal protection against the copyright infringement has been the subject of an international treaty (the World Intellectual Property Organization Copyright Treaty), a European Community Directive (the Information Society Directive) and major copyright legislation in the USA (the Digital Millennium Copyright Act). Although there are consistencies among nations' intellectual property laws, each jurisdiction has separate and distinct laws and regulations about copyright. Overprotection of copyright could threaten democratic traditions and impact on social justice principles by unreasonably restricting access to information and knowledge. If copyright protection is too strong, competition, innovation and creativity is restricted. A balance between the interests of copyright owners in receiving fair reward for their efforts and the interests of copyright users in receiving reasonable access to copyright materials should be maintained. The paper discusses and compares different solutions and approaches to the issue of reducing the digital copyright infringement without restricting the innovation and creativity.