The increasing digitisation necessitates amendments to copyright protection. Both the European Parliament and the European Commission have now presented proposals addressing this issue. This is necessary because the way in which creative goods are produced and distributed has been changed...

Die fortschreitende Digitalisierung macht Anpassungen des Urheberschutzes erforderlich. Sowohl das Europäische Parlament als auch die Europäische Kommission haben dazu inzwischen Vorschläge vorgelegt. Hintergrund ist, dass die Art, wie kreative Güter produziert und verbreitet werden, durch...

The vast majority of comic book publishers are not enforcing their copyrights against those that infringe by copying and distributing their comic books illegitimately. There are only three significant motivations for a copyright holder to enforce their copyrights against infringers: economic...

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...

This pair of papers involves a reprinting of "Of Harms and Benefits: Torts, Restitution, and Intellectual Property," 21 J. LEGAL STUDIES 449 (1992), along with an introduction to that article for students, entitled "Copyright as Tort's Mirror Image". Both involve comparisons between statutory...

The issue of private copying, and how it fits with copyright law, has hit front and centre of the current copyright exceptions review. While copying is widespread, and iPods are popular, under current Australian copyright law, almost all private copying - including time-shifting and...

The process of harmonisation of copyright law in the European Union has been underway for more than twenty years. Substantial progress has been made, but some fundamental issues - moral rights, authorship and ownership, copyright contracts, levies for private copying, secondary liability and...

The paper discusses the reform of the legal framework in the light of the EU proposal directive on collecting societies. The focus will be specifically devoted to the Italian situation, where, like in Austria, there is a legal monopoly. The basis of this monopoly has been recently discussed and...

The Indian Copyright Act, 1957 (the Act) governs copyright law in India. It finds its roots in its colonial past, being heavily influenced by the Copyright Act of the United Kingdom of 1956. The Act has served well for long, but with technological developments and increasing discontent among...

Digital piracy is a worldwide concern. Both very high and very low rates of intellectual property infringement threaten innovation, thus implying that some level of effective copyright regulation is required to incentivize the creation of original works. However, although Article 27 of the...