Balancing Copyright Law in the Digital Age - Comparative Perspectives: Preface
R. Caso, F. Giovanella (eds), Balancing Copyright Law in the Digital Age - Comparative Perspectives, Springer, 2015
11 Pages Posted: 29 Nov 2014
Date Written: November 24, 2014
This book focuses on the thorny and highly topical issue of balancing copyright in the digital age. The idea for it sprang from the often heated debates among intellectual property scholars on the possibilities and the limits of copyright. Copyright law has been broadening its scope for decades now, and as a result it often clashes with other rights (frequently, fundamental rights), raising the question of which right prevails.The contributions concentrate on the "propertization" of copyright; on the principle of exhaustion of the distribution right; on the conflict between users' privacy and personal data needs; and on the balance between copyright and academic freedom. Starting from the difficulties inherently connected to the difficult task of balancing rights that respond to opposing interests, each essay analyzes techniques and arguments applied by institutional decision-makers in trying to solve this dilemma. Each author applies a specific methodology involving legal comparison, while taking into account the European framework for copyright and related rights.
Keywords: Copyright, Copyright balance, Copyright in the digital age, EU copyright law, Exhaustion doctrine, Fundamental rights, Intellectual property, Open access, Personal data protection, Principle of exhaustion
JEL Classification: K00
Suggested Citation: Suggested Citation