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Copyright and Human Rights by

Copyright and Human Rights
Edited by: Paul L.C. Torremans
List Price: $145.00  
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Imprint: Kluwer Law International
ISBN: 9789041122780
Hardcover: 192 pages
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The idea of copyright, originally conceived as a means of protecting the right of individual authors to fair compensation for their work, has undergone a sea change in recent decades. It is now frequently invoked to safeguard the profits of corporate marketers of widely-used media and software products, and in this context has given rise to a surprising new conflict: the collision of copyright and human rights.

Copyright and Human Rights is the first comprehensive analysis of this emerging nexus of legal issues. In eight incisive essays, well-known authorities in both copyright law and human rights law present in-depth analysis and discussion of such essential topics as the following:

  • the human rights credentials of copyright
  • the relations between copyright and freedom of speech and of expression, from the perspectives of both North American and European law
  • the impact of U.S Supreme Court decision in Eldred
  • the relevance to copyright of the public interest defense in European law; and
  • the fundamental rights of privacy in an intellectual property environment.

In the years to come, more and more lawyers will be confronted with issues involving the interaction of intellectual property and human rights. As a groundbreaking work focusing on the copyright aspect, Copyright and Human Rights will be seen as a cornerstone of the debate. Practitioners, academics and policymakers in both fields will immediately recognize its value as a springboard to the informed future development of this new and crucial area of legal theory and practice.


    Preface. Chapter 1. Copyright as a Human Right. Professor Dr. Paul L.C. Torremans.Chapter 2. Copyright and Freedom of Expression in Canada.Professor Dr. Ysolde Gendreau. Chapter 3 . Copyrighting Speech: A Trans-Atlantic View. Dr. Michael D. Birnhack. Chapter 4. Recapturing Liberated Information - The Relationship between the United Kingdom's Freedom of Information Act 2000 and Private Law Restraints on Disclosure.Jonathan Griffiths. Chapter 5. Fair Dealing and Freedom of Expression.Patrick Masuyakurima. Chapter 6. Do we have a Right to Speak with Another's Language? Eldred and the Duration of Copyright.Professor Dr. Wendy Gordon. Chapter 7. 'Holding the Line' - The Relationship between the Public Interest and Remedies Granted or Refused, be it for Breach of Confidence or Copyright.Alison Firth. Chapter 8. Rights of Privacy, Confidentiality, and Publicity, and Related Rights. INFORMATION LAW SERIES 14
 Choice of Law in Copyright and Related Rights: Alternatives to the Lex Protectionis
Mireille van Eechoud
Nobody denies that the traditional territorial approach to copyright and other intellectual property rights has come under pressure. Yet it persists. Faced with the need to determine the applicable law in cross-border cases, lawyers everywhere wrestle with the implications of the territorial nature  more...
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| Price: $154.00 | ISBN: 9789041120717 | Format: Hardcover 
Imprint: Kluwer Law International 

 Copyright and Electronic Commerce: Legal Aspects of Electronic Copyright Management
P. Bernt Hugenholtz
The spectacular success of electronic commerce in recent years has seen an explosion in the availability of information and entertainment products on the Internet. This distribution of `content' is expected to continue as one of the major sources of growth on the Internet in the years ahead, raising more...
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| Price: $206.00 | ISBN: 9789041197856 | Format: Hardcover 
Imprint: Kluwer Law International 

 Copyright and Photographs: An International Survey
Ysolde Gendreau, Axel Nordemann, Rainer Oesch
Over the years, photographs have enjoyed a variety of forms of protection, but traditionally the protection of photographs has been placed within the law of copyright. While photography as a technique has been around for 150 years, protection issues in photography, as in copyright in general, have b more...
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| Price: $258.00 | ISBN: 9789041197221 | Format: Hardcover 
Imprint: Kluwer Law International 

 Copyright Limitations and Contracts, An Analysis of the Contractual Overridability of Limitations on Copyright
Lucie M.C.R. Guibault
Traditional copyright law strikes a delicate balance between an author's control of original material and society's interest in the free flow of ideas, information, and commerce. In today's digitally networked environment, this balance has shifted dramatically to one side, as powerful rights holder more...
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| Price: $209.00 | ISBN: 9789041198679 | Format: Hardcover 
Imprint: Kluwer Law International 

 Copyright, Limitations and the Three-Step Test
Martin Senftleben
The three-step test - by which limitations on exclusive copyrights are confined to 'certain special cases' which do not conflict with a 'normal exploitation of the work' and do not 'unreasonably prejudice the legitimate interests of the author'- is among the most enduring of standards affecting limi more...
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| Price: $172.00 | ISBN: 9789041122674 | Format: Hardcover 
Imprint: Kluwer Law International 

Data Protection Law, Approaching its Rationale, Logic and Limits by Lee A. Bygrave

Data Protection Law, Approaching its Rationale, Logic and Limits
Lee A. Bygrave
Despite the proliferation of data protection laws (or privacy protection laws) in many countries, uncertainty still reigns as to who or what such laws actually protect. Most data protection laws seem to have been drawn up rather diffusely, with the justification that the huge variety of types of inf more...
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| Price: $228.00 | ISBN: 9789041198709 | Format: Hardcover 
Imprint: Kluwer Law International 

 The Commodification of Information
Keith Elkin, Neil Weinstock Netanel
Information and the marketplace are uneasy bedfellows. It is particularly among groups that need to share information--the academic and scientific communities, for example--that viewing it as something that can be bought and sold is intrusive and even damaging. A conference of specialists--with exp more...
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| Price: $258.00 | ISBN: 9789041198761 | Format: Hardcover 
Imprint: Kluwer Law International