DOCSLIB.ORG

Directorate-General for Internal Policies of the Union

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Directorate-General for Internal Policies of the Union EUROPEAN PARLIAMENT sTUDY Directorate-General for Internal Policies of the Union Policy Department Citizens’ Rights and Constitutional Affairs THe COLLeCTiVe MANAgeMeNT Of RigHTs iN eUROPe THe QUesT fOR effiCieNCY LegAL AffAiRs JULY 2006 eN Directorate-General Internal Policies Policy Department C Citizens Rights and Constitutional Affairs THE COLLECTIVE MANAGEMENT OF RIGHTS IN EUROPE THE QUEST FOR EFFICIENCY STUDY IP/C/JURI/ST/2005-90 PE 378.260 EN This note was requested by The European Parliament's committee on Legal Affairs. This paper is published in the following languages: EN, FR. Author: KEA - EUROPEAN AFFAIRS Manuscript completed in July 2006. Copies can be obtained through: Tel: 31178 Fax: 2832365 E-mail: [email protected] Informations on DG Ipol publications: http://www.ipolnet.ep.parl.union.eu/ipolnet/cms The opinions expressed in this document are the sole responsibility of the author and do not necessarily represent the official position of the European Parliament. 2 TTHE CCOLLECTIVE MMANAGEMENT OF RRIGHTS IN EEUROPE TTHE QQUEST FOR EEFFICIENCY July 2006 3 TABLE OF CONTENTS TABLE OF CONTENTS 4 EXECUTIVE SUMMARY 7 THE COLLECTIVE MANAGEMENT OF RIGHTS IN EUROPE: THE QUEST FOR EFFICIENCY 10 PART I 12 RIGHTS MANAGEMENT IN THE EUROPEAN UNION 12 CHAPTER 1 THE MANAGEMENT OF COPYRIGHT AND RELATED RIGHTS IN THE EUROPEAN UNION - THE ISSUES 13 SECTION I THE SONGWRITERS AND COMPOSERS 13 SECTION II COLLECTING SOCIETIES 15 SECTION III THE TRIGGER FOR CHANGES: DIGITAL DELIVERY OF MUSIC 17 SECTION IV A COMMERCIAL BATTLE AS MUCH AS A REGULATORY ISSUE 19 SECTION V EFFICIENCY FOR ALL? 20 SECTION VI COPYRIGHT – A BOTTLENECK TO THE EMERGENCE OF NEW SERVICES? 21 SECTION VII THE VIEWS OF THE EUROPEAN COMMISSION 23 SECTION VIII RIGHTS MANAGEMENT AS A CULTURAL ISSUE? 24 SECTION IX CONCLUSION 25 CHAPTER 2 MUSIC RIGHTS MANAGEMENT IN EUROPE 27 SECTION 1 INTRODUCTION ON COPYRIGHT AND RIGHTS MANAGEMENT 27 SECTION 2 COLLECTIVE MANAGEMENT – BENEFITS AND COSTS 29 The functions of collecting societies 29 Rights usually managed collectively 31 Main advantages of collective licensing 31 Main disadvantages of collective licensing 32 CHAPTER 3 THE RIGHT MANAGEMENT BUSINESS IN MUSIC 35 SECTION 1 THE ECONOMIC VALUE 35 SECTION 2 THE SOCIAL VALUE 39 SECTION 3 THE TRADE VALUE 40 4 SECTION 4 CULTURAL AND SOCIAL FUNDS 40 CHAPTER 4 EU INSTITUTIONS AND RIGHTS MANAGEMENT 43 SECTION 1 THE EUROPEAN PARLIAMENT 43 SECTION 2 THE EUROPEAN COMMISSION 44 Internal Market 44 EC competition 48 SECTION 3 THE EUROPEAN COURT OF JUSTICE 51 CHAPTER 5 THE COMPLEXITY OF A REGULATORY APPROACH 52 SECTION 1 RIGHTS TERRITORIALITY VS INTERNAL MARKET 52 SECTION 2 RIGHTS MANAGEMENT AND LOCAL CULTURE 53 CHAPTER 6 RECENT MARKET DEVELOPMENTS 55 SECTION 1 MCPS+PRS DEALS WITH GEMA, EMI MUSIC PUBLISHING AND SGAE. 55 SECTION 2 IMPALA – MONETISING ONLINE LICENSING FOR SMES 56 CONCLUSION – PART I 58 PART II 62 NATIONAL RULES GOVERNING COLLECTIVE MANAGEMENT OF RIGHTS 62 CHAPTER 1 THE APPLICABLE LAW REGULATING COLLECTIVE MANAGEMENT 64 SECTION 1 LAWS APPLICABLE TO COLLECTIVE RIGHTS MANAGEMENT 64 SECTION 2 RIGHTS COVERED BY MANDATORY COLLECTIVE MANAGEMENT 64 CHAPTER 2 THE STATUS OF COLLECTING SOCIETIES AND PROVISIONS ON COMPETITION LAW 68 SECTION 1 LEGAL STATUS OF COLLECTING SOCIETIES 68 SECTION 2 SITUATION OF LEGAL MONOPOLIES 69 CHAPTER 3 PROVISIONS ON GOVERNANCE, TRANSPARENCY, ACCOUNTABILITY AND SUPERVISION 70 SECTION 1 GOVERNANCE, TRANSPARENCY AND ACCOUNTABILITY 70 SECTION 2 SUPERVISION 73 5 CHAPTER 4 RULES ON MEDIATION AND DISPUTE SETTLEMENTS 77 SECTION 1 CONFLICTS BETWEEN MEMBERS AND COLLECTING SOCIETIES 77 SECTION 2 CONFLICTS BETWEEN USERS AND COLLECTING SOCIETIES 77 SECTION 3 FOLLOW-UP TO MEDIATION AND ARBITRATION PROCEDURES 79 CHAPTER 5 SOCIAL AND CULTURAL FUNCTIONS OF COLLECTING SOCIETIES 80 PART III 82 DETAILS OF NATIONAL LEGISLATIVE FRAMEWORKS 82 TABLE 1 THE APPLICABLE LAW REGULATING COLLECTIVE MANAGEMENT 83 TABLE 2 THE STATUS OF COLLECTING SOCIETIES AND PROVISIONS ON COMPETITION LAW 92 TABLE 3 PROVISIONS ON GOVERNANCE, TRANSPARENCY, ACCOUNTABILITY AND SUPERVISION 99 TABLE 4 RULES ON MEDIATION AND DISPUTE SETTLEMENTS 118 TABLE 5 SOCIAL AND CULTURAL FUNCTIONS OF COLLECTING SOCIETIES 123 ANNEX A BIBLIOGRAPHY 129 ANNEX B INTERVIEWS 132 ANNEX C GLOSSARY 135 ANNEX D QUESTIONNAIRE FROM THE CONTRACT NOTICE 137 6 EXECUTIVE SUMMARY In the EU there are approximately 65 music licensing societies that collected € 5 billion in 2004 on behalf of authors, composers, publishers, performers and record companies. Collecting societies in music representing authors, composers and performers count around 900 000 members in the EU (the definition of members includes: authors, composers, music publishers, musicians and performers). This study examines the legal framework governing collective management in the field of copyright and neighbouring rights in the European Union, with a particular emphasis on musical works1. The report also provides information on the economic, social and cultural value of collective management, predominantly in the field of music, highlighting Europe’s competitive strength in rights management and the characteristics of rights management in the European Union. It provides members of the European Parliament with information on national legislation governing collective management as well as a briefing on the reforms proposed by the European Commission in relation to the provision of online music services. The study analyses the different options and summarises the views of the stakeholders. It considers the consequences of the scenario promoted by the European Commission with respect to: - copyright and its management - stakeholders’ interests (users as well as right holders) - EU internal market and competition objectives - EU cultural objectives It assesses the justification for the European Commission’s action in this field and considers policy issues linked to the latest regulatory development in light of the EP’s work, the ECJ jurisprudence as well as the latest market developments. The merit of the Commission’s Recommendation coupled with DG Competition investigation is to trigger an important re-think on rights management. It also launches a debate on the place of copyright and its exercise in the European integration process as well as the Lisbon strategy. The concept of territoriality needs to factor in new ways of dissemination. This involves the setting up of structures to accommodate cross border usage. Should these changes be market-led or subject to intervention by the regulator? The European Commission seems determined to limit the effect of rights territoriality on the free provision of services. It also wants to limit the consequences of the monopolies that are inherent to collective rights management. 1 In line with the priority of the European Parliament to consider this issue in light of recent Commission interest in collective management of musical works in the on-line sector in particular. 7 Essentially collective management enables right owners and users to jointly access lower transaction costs. By reducing transaction costs, collective management increases the range of rights that are traded. Facilitating trade is the key function of collective management bodies as transaction costs will often be a deterrent to unilateral action (in particular for individuals and small businesses) with the result that no trade occurs. The more right owners join a collecting society the further potential of reducing costs exists given the scope for gains from economies of scale. However it should be added that collective management also enhances the monopoly position of the management body whilst at the same time putting those bodies with less valuable repertoire at risk of becoming unviable. Whilst nobody amongst the users’ groups interviewed2 contest the benefits in efficiency gains from collective management, they would like regulators to look at the risk of excessive licence fee as a result of abuse of monopoly power or of management inefficiency. They seek more transparency in particular in relation to cost allocation. They are concerned about productive inefficiency. It remains to be seen who will gain from this upheaval triggered by the recommendation of the European Commission and whether the quest for the relative notion of “efficiency” and legal certainty will be shared by all stakeholders, whether users or right holders. The study concludes that a regulatory approach at EU level is rendered very difficult for essentially the following reasons: - the territorial nature of copyright and the sheer complexity of licensing activities at international level - the political imperative of promoting local cultures and diversity in a linguistically and culturally fragmented market - the various tariffs and state of development of collective management at national level - the difficulty of defining management efficiency in the implementation of competition rules - the difficulty of ruling on collective management for all types of right holders and users (in particular why would the quest for efficiency and the development of online services be limited to music and online licensing of authors’ rights?) - the difficulty of providing pan European licences in the absence of a minimum of collaboration between the local collecting societies enabling the reciprocal representation of repertoire and a one stop shop. Obstacles to EU rules in rights management are also due to the difficulty of setting up a pan European arbitration or dispute settlement mechanisms because
Load more

Recommended publications
  • December 5, 2012 Via Electronic Submission Maria Pallante Register of Copyrights United States Copyright Office Library of Cong
    December 5, 2012 Via Electronic Submission Maria Pallante Register of Copyrights United States Copyright Office Library of Congress 101 Independence Avenue, S.E. Washington, D.C. 20559-6003 Re: Comments of Sotheby’s, Inc. and Christie’s Inc. in Response to Copyright Office’s Notice of Inquiry re Resale Royalty Right, Docket No. 2012-10, 77 Fed. Reg. 58175 (Sept. 19, 2012) Dear Ms. Pallante: I am writing on behalf of Sotheby’s, Inc. and Christie’s Inc. (together, the “Auction Houses”) in response to the Copyright Office’s Notice of Inquiry dated September 13, 2012, published in the Federal Register on September 19, 2012, 77 Fed. Reg. 58175 (“Notice of Inquiry”). The Notice of Inquiry sought comment on “the means by which visual artists exploit their works under existing law as well as the issues and obstacles that may be encountered when considering a federal resale royalty right in the United States.” Id. at 58175. The Auction Houses welcome the opportunity to respond to the questions raised in the Notice of Inquiry. I. Introduction and Summary Sotheby’s, headquartered in New York, and Christie’s, headquartered in London, are the world’s two largest auction houses. Together, the Auction Houses employ more than 1,300 people in the United States and account for nearly $4 billion in sales in this country. In keeping with the international nature of the art market, the businesses of the Auction Houses are highly globalized, with a large percentage of transactions involving sellers and buyers from around the world, and each of the Auction Houses conducts auctions in many locations outside of the U.S., including Europe, China, and the Middle East.
    [Show full text]
  • Review of the EU Copyright Framework
    Review of the EU copyright framework European Implementation Assessment Review of the EU copyright framework: The implementation, application and effects of the "InfoSoc" Directive (2001/29/EC) and of its related instruments European Implementation Assessment Study In October 2014, the Committee on Legal Affairs (JURI) requested from the European Parliament Research Service (EPRS) an Ex Post Impact Assessment on Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society (InfoSoc). This EPRS publication was originally commissioned in the context of JURI's own- initiative implementation report, which was adopted in Plenary in July 2015, Rapporteur Julia Reda MEP. However, it is also relevant to the work of JURI Committees' Working Group on Intellectual Property Rights and Copyright (CWG), chaired by Jean Marie Cavada MEP. Furthermore, this request was made in the wider context of the Commission's review of the EU legislative framework on copyright, and the ensuing legislative proposals, which have been a long time in the planning and which are now expected for the 4th quarter of 2015. The objective of these proposals is to modernise the EU copyright framework, and in particular the InfoSoc Directive, in light of the digital transformation. Accordingly, in response to the JURI request, the Ex-Post Impact Assessment Unit of the European Parliament Research Service decided to produce a "European Implementation Assessment on the review of the EU copyright framework". Implementation reports of EP committees are now routinely accompanied by European Implementation Assessments, drawn up by the Ex-Post Impact Assessment Unit of the Directorate for Impact Assessment and European Added Value, within the European Parliament's Directorate-General for Parliamentary Research Services.
    [Show full text]
  • Book Review. European Copyright Law: a Commentary
    Maurer School of Law: Indiana University Digital Repository @ Maurer Law Articles by Maurer Faculty Faculty Scholarship 2011 Book Review. European Copyright Law: A Commentary. Marshall A. Leaffer Indiana University Maurer School of Law, [email protected] Follow this and additional works at: https://www.repository.law.indiana.edu/facpub Part of the European Law Commons, and the Intellectual Property Law Commons Recommended Citation Leaffer, Marshall A., "Book Review. European Copyright Law: A Commentary." (2011). Articles by Maurer Faculty. 1305. https://www.repository.law.indiana.edu/facpub/1305 This Book Review is brought to you for free and open access by the Faculty Scholarship at Digital Repository @ Maurer Law. It has been accepted for inclusion in Articles by Maurer Faculty by an authorized administrator of Digital Repository @ Maurer Law. For more information, please contact [email protected]. Book Review 737 BOOK REVIEW EUROPEAN COPYRIGHT LAw: A COMMENTARY. Michel M. Walter, Silke von Lewinski eds. Oxford: Oxford University Press, 2010. $580.50. Reviewed by MARSHALL LEAFFER* Ever since the passage of the Berne Convention of 1886, harmoniza- tion of copyright law has been a European dream. Until recently, how- ever, copyright law had varied significantly, particularly between civil law "author's rights" countries and the common law "copyright" world. This variance changed rapidly and comprehensively during the last twenty years in which copyright law in Europe has undergone realization of pan- European harmonization. Although the dream of a universal European copyright has yet to become a reality, no aspect of copyright has been left untouched by European law. In one decade, 1991-2001, the countries of Europe saw the inclusion of seven major copyright directives, covering fundamental issues such as computer programs, rental rights, satellite and cable communications, the copyright term, database rights, resale rights, and digital copyright (Information Society Directive).
    [Show full text]
  • Silis Georgs.Pdf (524.9Kb)
    Illegal Latvia. Methods of intellectual property right enforcement in times of peer-to-peer file sharing. BACHELOR THESIS Author: Georgs Sīlis LL.B. 2017/2018 Year student Supervisor: Ēriks K. Selga LL.M. DECLARATION OF HONOR: I declare that this thesis is my own work, and that all references to, or quotations from, the work of others are fully and correctly cited. RIGA (2018) Abstract This paper is intended to provide an analytical understanding as to why Latvia is the top country in the world for the percentage of the internet population that are considered pirates, i.e., internet users who acquire copyright protected works (music, audiovisual, and software) from unlawful sources, such as peer-to-peer (P2P) networks (torrents), streaming and direct downloads, and what in turn can be done to combat this in lieu of Court of Justice of the European Union of June 2017 judgment in Stichting Brein v Ziggo BV and XS4All Internet BV, which finally gave a European-Union-wide (EU) ruling on whether torrent websites violate copyright law in the sense of “communication to the public” - an exclusive right of copyright holders as defined by the Information Society Directive of 2001. The court ruled that torrent websites do indeed violate copyright law and as such an injunction against internet service providers (ISPs) is proportionate to the goals of high copyright protection goals that the EU set in the InfoSoc Directive. The work is divided into four parts: (1) copyright in the digital age and how torrents infringe copyright; (2) relevant laws governing copyright in the digital sphere; (3) resulting case law and further legislative attempts to combat illegal file sharing; (4) future of torrenting in Latvia and ways of circumventing any efforts to stem the torrent popularity.
    [Show full text]
  • The Impact of German Copyright Law on Copyright Law in the Nordic Countries Yesterday, Today and Tomorrow
    The impact of German copyright law on copyright law in the Nordic countries yesterday, today and tomorrow DR. (LL.D.) JOHAN AXHAMN, SENIOR LECTURER The impact of German copyright law on copyright law in the Nordic countries – yesterday, today and tomorrow • Historical and international context • Establishment and early development of copyright law in the Nordic countries: 1880 – 1950 • Era of close Nordic cooperation: 1960 – 1990 • Era of EU harmonisation: 1990 – present • The future? Historical and international context • No explicit recognition of “copyright” in Roman Law • Royal privileges developed in the 16th and 17th centuries • 18th century: Introduction of copyright law in Great Britain (1710) and later in France (1791) • 1837: Introduction of copyright law in Prussia • Major copyright systems: continental (droit d'auteur), anglo saxon ”copyright” Main differences between continental and anglo saxon traditions of copyright • Justification of copyright protection and the notion of the work: - The work is an expression of the spirt of the author - The protection of the work represents a protection for the labor (investment) underlying the creation of the work • Initial author/rightholder • Contractual relationship between author and producer (exploiter) • Scope and possibility to waive moral rights • Protection of neighbouring/related rights International Copyright Treaties • Berne Convention for the Protection of Literary and Artistic Works (1886) • (Universal Copyright Convention) (1952)) • Rome Convention for the Protection of
    [Show full text]
  • EU Administrative Governance
    EU Administrative Governance Hofmann 00 prelims i 4/5/06 08:34:33 Hofmann 00 prelims ii 4/5/06 08:34:33 EU Administrative Governance Edited by Herwig C.H. Hofmann Université du Luxembourg and Alexander H. Türk School of Law, King’s College London, UK Edward Elgar Cheltenham, UK • Northampton, MA, USA Hofmann 00 prelims iii 4/5/06 08:34:33 © Herwig C.H. Hofmann and Alexander H. Türk 2006 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical or photocopying, recording, or otherwise without the prior permission of the publisher. Published by Edward Elgar Publishing Limited Glensanda House Montpellier Parade Cheltenham Glos GL50 1UA UK Edward Elgar Publishing, Inc. 136 West Street Suite 202 Northampton Massachusetts 01060 USA A catalogue record for this book is available from the British Library Library of Congress Cataloguing in Publication Data EU administrative governance / edited by Herwig C.H. Hofmann and Alexander H. Türk. p. cm. Includes bibliographical references. 1. European Union countries–Politics and government. 2. Administrative agencies–European Union countries. 3. Administrative law–European Union countries. I. Türk, Alexander. II. Hofmann, Herwig C.H. JN32.E78 2006 352.11'4–dc22 2005054479 ISBN-13: 978 1 84542 285 1 ISBN-10: 1 84542 285 6 Printed and bound in Great Britain by MPG Books Ltd, Bodmin, Cornwall Hofmann 00 prelims iv 4/5/06 08:34:33 Contents List of fi gures vii List of tables viii List of contributors ix Acknowledgements xii An introduction to EU administrative governance 1 Herwig C.H.
    [Show full text]
  • Research on the Working and Living
    The Living and Working Conditions of Artists in the Republic of Ireland and Northern Ireland (Northern Ireland Version) Commissioned by: Prepared by: with Dr. Clare McAndrew Cathie McKimm April 2010 Table of Contents PREFACE ............................................................................................................................................... 4 SUMMARY OF KEY FINDINGS – NORTHERN IRELAND .......................................................... 5 A. BACKGROUND AND APPROACH TO THE STUDY ........................................................................... 5 B. EDUCATION AND TRAINING ........................................................................................................ 6 C. WORK PATTERNS AND UNEMPLOYMENT .................................................................................... 8 D. INCOMES AND STANDARDS OF LIVING ...................................................................................... 10 E. TAX, INSURANCE AND REGULATORY CONTEXT ........................................................................ 12 F. ARTISTS’ OVERALL VIEWS ON THEIR CAREERS ........................................................................ 13 G. CONCLUDING REMARKS ........................................................................................................... 14 CHAPTER 1: INTRODUCTION ....................................................................................................... 16 1.1 STUDY BACKGROUND AND OBJECTIVES ..................................................................................
    [Show full text]
  • Digital Copyright: Management, Exploitation and Liability
    Opphavsrett i digitale markeder i lys av forslaget til DSM-direktiv Dr (LL.D.) Johan Axhamn, gjesteforsker ved Institutt for privatrett, Senter for rettsinformatikk The development of the copyright system Copyright protection is an effect of technological development. The Industrialism in the 19th Century and its development of the infrastructure - increased the production and consumption, and - the distance between producers and the end user - widened the market and facilitated cross border trade - gave need for protection of investments (and accordingly against copies made by third parties). Opphavsrett i digitale markeder Developments in technology and social behaviour Demands for ”more effective” and at the same time ”more balanced” protection Stimulation production/creativity, and providing reward v. providing dissemination and access The territoriality of copyright EU-Directives • Computer Programs Directive (1991/250) • Rental and Lending Directive (1992/100) • Satellite and Broadcasting Directive (1993/83) • Terms of Protection Directive ((1993/98) 2006/116) • Database Directive (1996/9) • InfoSoc Directive (2001/29) • Resale Rights Directive (Droit de suite) (2001/84) • Extension of term of protection Directive (2011/77) • Orphan works Directive (2012/28) • Directive on collective rights management (2014/26) • Enforcement directive (2004/48) Opphavsrett i digitale markeder 1. Updates to the copyright norms du to the ”digital agenda” (in the 1990s) WCT, WPPT, Infosoc 2. Legal basis for use of copyright protected content: permission
    [Show full text]
  • European Regulatory Framework for Thè Media and Related Creative Sectors
    EUROPEAN MONOGRAPHS Regulating Content - European Regulatory Framework for thè Media and Related Creative Sectors Michael Holoubek/Dragana Damjanovic/ Matthias Traimer KLUWER LAW INTERNATIONAL Contents List of Contributors v Foreword vii PART ONE THE LEGAL ASPECTS OF EUROPEAN CONTENT REGULATION - PURPOSE AND SCOPE OF THE STUDY Chapter 1 Objective of thè Book: A Horizontal Approach to European Content Regulation 3 I. The Background Content as Part of Europe"s Culture 3 II. A Systematic Review and Analysis of European Content Regulation on a Horizontal Basis 4 Chapter 2 Structure and Methods 7 I. Definition of thè Subject Under Investigation 7 II. Analysis of thè Individuai Regulatory Areas of European Community Law Governing thè Content Industry 7 III. Conclusion and Evaluation 13 x Content s Chapter 3 The European Content Industry - Categorization and Definitions 15 I. The Subject under Investigation 15 II. Categorization of thè Content Industry 16 III. Legai Definitions Relating to thè Content Industry 18 Figure 1 Focus of thè Study 16 Figure 2 Branches of thè Content Industry Broken down According to Content Category and Distribution System 17 Figure 3 Legai Definitions Related to thè Content Industry 20 PART TWO THE INDIVIDUAL REGULATORY FIELDS - AN ANALYSIS OF THE DIFFERENT EUROPEAN PROVISIONS FOR THE CONTENT INDUSTRY 23 Chapter 1 Fundamentals of Community Law and Policies (Including Funding Programmes) Governing thè Content Industry 25 I. Preliminary Remarks 25 II. Fundamentals of Primary Law 26 A. The Fundamental Freedoms - Treaty Establishing thè European Community and Case-law of thè European Court of Justice 26 1. Free Movement of Goods 28 2. Freedom to Provide Services 32 B.
    [Show full text]
  • A Layman's Guide to EC Law on Digital Preservation
    A layman’s guide to EC law on digital preservation Intellectual Property Rights and Digital Preservation Wills Hall, Bristol 21 st November 2011 David Anderson Future-Proof Computing Group University of Portsmouth Background Memory Organisations: Commercial Organisations: Game Developers: University: Legal Consultants: Background The KEEP project undertook legal studies to ensure: Our understanding of the law as it applies to digital preservation: Generally Media Transfer Multimedia Works Legal Deposit The tools and services we produce fall clearly within the law The Legal Studies were/are not an end in itself, but a means to an end The law is very complex but….. the overall message is relatively clear Health Warning! This is a LAYMAN’S GUIDE to the law To the best of our knowledge the report is legally accurate but….. The conclusions presented are not as subtle or nuanced as the advice which a lawyer would give Courts (not researchers) determine how the law is actually to be interpreted Our findings are not legally definitive A Complicated Legal Landscape National Law Community Law International Law Trade and other conventions The Legal Corpus: A problem of scale Legislation at the National Level (United Kingdom): Keyword Pieces of legislation Copyright >200 Software >200 Database 167 Intellectual Property Rights 163 Trademark 74 The EC Legal Corpus Key Legislation at the Community Level includes: The Information Society Directive Directive 2001/29/ EC of 22 May 2001 on the harmonization of certain aspects of copyright
    [Show full text]
  • The European Union in Crises Or the European Union As Crises?
    The European Union in Crises or the European Union as Crises? John Erik Fossum and Agustín José Menéndez (eds) ARENA Report No 2/14 The European Union in crises or the European Union as crises? John Erik Fossum and Agustín José Menéndez (eds) Copyright ARENA and authors ISBN (print) 978-82-93137-46-7 ISBN (online) 978-82-93137-96-2 ARENA Report Series (print) | ISSN 0807-3139 ARENA Report Series (online) | ISSN 1504-8152 Printed at ARENA Centre for European Studies University of Oslo P.O. Box 1143, Blindern N-0318 Oslo, Norway Tel: + 47 22 85 87 00 Fax: + 47 22 85 87 10 E-mail: [email protected] http://www.arena.uio.no Oslo, May 2014 Cover picture: Rob Ryan, Achilles and the euro, http://robryanstudio.com/ Acknowledgements This report contains revised versions of the papers that were presented at the workshop ‘Europe in crisis, Europe as the crisis?’, that was held in Oslo on 14 and 15 March 2013, and was organized by ARENA Centre for European Studies. We are very pleased to be able to include chapters by Christian Joerges, Michelle Everson, and Hauke Brunkhorst in the report. We are also extremely grateful to Rob Ryan, for his kind permission to reproduce his wonderful illustration Achilles and the euro on the cover. The research that has gone into this report is part of the EuroDiv project, funded by the Norwegian Research Council’s Europe in Transition programme. The workshop took place under the auspices of the project The Norwegian Constitution in a Changing European Context (NORCONE).
    [Show full text]
  • Download This PDF File
    1 Comparative Law Review 2019 ISSN: 2983 - 8993 2 3 4 COMPARATIVE LAW REVIEW The Comparative Law Review is a biannual journal published by the I. A. C. L. under the auspices and the hosting of the University of Perugia Department of Law. Office address and contact details: Department of Law - University of Perugia Via Pascoli, 33 - 06123 Perugia (PG) - Telephone 075.5852437 Email: [email protected] EDITORS Giuseppe Franco Ferrari Tommaso Edoardo Frosini Pier Giuseppe Monateri Giovanni Marini Salvatore Sica Alessandro Somma EDITORIAL STAFF Fausto Caggia Giacomo Capuzzo Cristina Costantini Virgilio D’Antonio Sonja Haberl Edmondo Mostacci Valentina Pera Giacomo Rojas Elgueta REFEREES Salvatore Andò Elvira Autorino Ermanno Calzolaio Diego Corapi Giuseppe De Vergottini Tommaso Edoardo Frosini Fulco Lanchester Maria Rosaria Marella Antonello Miranda Elisabetta Palici di Suni Giovanni Pascuzzi Maria Donata Panforti Roberto Pardolesi Giulio Ponzanelli Andrea Zoppini Christian von Bar (Osnabrück) Thomas Duve (Frankfurt am Main) Erik Jayme (Heidelberg) Duncan Kennedy (Harvard) Christoph Paulus (Berlin) Carlos Petit (Huelva) Thomas Wilhelmsson (Helsinki) Mauro Grondona Comparative Law Review is registered at the Courthouse of Monza (Italy) - Nr. 1988 - May, 10th 2010. 5 6 COMPARATIVE LAW REVIEW VOL. 10/1 Law and Pandemic Günther Frankenberg 9 The Pandemic of Authoritarianism Alessandra Pera 20 Islamic Rites and ceremonies in the pandemic emergency between parallel legal orders Court decisions and legal comparison Marel Katsivala 39 The notion of causation and the tort of negligence (common law) / extra-contractual personal liability (civil law) in Canada: a comparative legal study Carloalberto Giusti – Filippo Luigi Giambrone 57 The Nomophylactic Function of the European Court of Justice in Tax Matters within the Italian and German Experience.
    [Show full text]