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Despite the rapidly growing volume and economic importance of data in the digital economy, the legal framework for data ownership, access and trade remains incompletely defined in the EU and elsewhere. De facto data ownership dominates and often leads to fragmentation or anti-commons problems in...
Persistent link: https://www.econbiz.de/10011980745
attributed to the territoriality of the copyright management regime. In most cases rights holders are in a position to issue …
Persistent link: https://www.econbiz.de/10011980770
a copyright-, trademark- and patent-eligible subject matter, a European perspective is still lacking in the literature …
Persistent link: https://www.econbiz.de/10011594753
Persistent link: https://www.econbiz.de/10013106228
This paper provides a brief review of the law and economics of Copyright Law and Copyright Exceptions, Limitations, and … Immunities. Copyright law requires the creator's consent to copy, publish, convey, transfer or profit from their original work …. Copyright exceptions are legal limitations on the requirement that the prior consent, or authorization of the rights holder is …
Persistent link: https://www.econbiz.de/10012894940
The great expansion of EU copyright law has paved the way for several rightholders' abusive or dysfunctional conducts … decisions, and finds its way from civil codes to copyright in a number of national courts' precedents. Due to the paradigm shift … towards a market-oriented and industry-based inspiration, EU copyright seems now to be open to admitting the possibility of …
Persistent link: https://www.econbiz.de/10012935694
(as some copyright holders claim) that this kind of easy copying may destroy the incentives to create and 'kill …' copyrights. The sharing trend indeed is vastly used to copy protected works. During the years the copyright law has been … negotiated among the representatives of copyright-owning and copyright-using industries while the public, which is expected and …
Persistent link: https://www.econbiz.de/10013049836
Corporate officer liability doctrines under both the Patent Act and the Copyright Act diverge markedly from traditional … corporate, agency, and tort law doctrines. This manuscript explores why the case law in federal patent and copyright cases … articulations of individual officer liability found in both patent and copyright law can be attributed to two factors: (1) the …
Persistent link: https://www.econbiz.de/10013052722
Interpretation of copyright limitations and exceptions is restrictive under EU law system. Likewise is in Spain … interpretation of limitations has been done in detriment of present essence of European copyright legal system …
Persistent link: https://www.econbiz.de/10012994584