Copyright owners produce and distribute creative works in exchange for financial benefits as rewards. Meanwhile, users pay for the access to these works for personal enjoyment, which become the incentive to future copyright creation. Theoretically, this is an ideal circulation of copyright...

Contracts lie at the heart of the regulatory system governing the creation and dissemination of cultural products in two respects: (1) The exclusive rights provided by copyright law only turn into financial reward, and thus incentives to creators, through a contract with a third party to exploit...

Interpretation of copyright limitations and exceptions is restrictive under EU law system. Likewise is in Spain. Nevertheless, several Member States decisions concerning online infringements have been ruled sheltering the use of a copyrighted work - without owner's authorization - by limitations...

This chapter focuses on the ways in which intellectual property law can act as a barrier to data sharing. Intellectual property laws supply exclusive rights that can enable a researcher, employer or funder to ‘own' data; they can then bring legal claims against persons who access or reuse data...

The EU software patent could be the long awaited resolve to an extensive debate around software. The resolution should be based on the understanding of the copyright and patent basics, the legal conflict between territoriality and the internet, the experience of the existing US software patent,...

This article considers the legal changes which must be made to the protection of performers' rights under the Thai Copyright Act (CA) 1994 if Thailand is going to sign the Free Trade Agreements (FTA) with the United States or the European Union that would be likely to require Thailand to ratify...

The European Commission consulted between December 5, 2013 and March 5, 2014 on a wide-ranging review of EU copyright rules. This response by the CREATe Centre attempts to make two contributions: (1) the process of policy formation matters for the evolution of the EU legal framework, and so we...

The agenda of the EU includes the harmonisation or unification of laws of its Member States for promoting the common market, improving free movement of goods, free movement of capital, free movement of services, and free movement of people. This also applies to copyright law. However,...

Directive 2014/26/EC foresees that EU member States shall ensure that disputes between collective management societies and users concerning, in particular, existing and proposed licensing conditions or a breach of contract can be submitted to a court, or if appropriate, to another independent...

The purpose of this chapter is to explore the legal consequences of the digitisation of cultural heritage institutions' collections and in particular to establish whether digitisation processes can trigger forms copyright and copyright-related protection under EU law. Whereas the study will also...