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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 of copyright and related rights. In this book Mireille van Eechoud clears the way to the formulation of conflict rules that reflect the purpose of copyright law- to protect creators and stimulate the production and use of information- without reverting to old-fashioned notions of territoriality. She shows how the applicable law can be determined for four distinct legal avenues of intellectual property law: Which exclusive rights exist in an intellectual creation and for how long; Who is considered to own such right; How can these rights be transferred; and What continues infringement of copyright and related rights. Mireille van Eechoud shows how, when each of these questions is approached in the light of the different allocation principles used in modern choice of law, a new clarity begins to emerge that promises in time to build a set of conflict rules well suited to the unprecedented copyright and related rights issues that we find so difficult to resolve today. Her in-depth analysis draws in the classis multilateral conventions and treaties, underlying policies, technological and economic developments, utilitarian grounds versus justice considerations, and issues of infringement in the digital environment. INFORMATION LAW SERIES 12.
This report analyses all aspects of cultural diversity, which has emerged as a key concern of the international community in recent decades, and maps out new approaches to monitoring and shaping the changes that are taking place. It highlights, in particular, the interrelated challenges of cultural diversity and intercultural dialogue and the way in which strong homogenizing forces are matched by persistent diversifying trends. The report proposes a series of ten policy-oriented recommendations, to the attention of States, intergovernmental and non-governmental organizations, international and regional bodies, national institutions and the private sector on how to invest in cultural diversity. Emphasizing the importance of cultural diversity in different areas (languages, education, communication and new media development, and creativity and the marketplace) based on data and examples collected from around the world, the report is also intended for the general public. It proposes a coherent vision of cultural diversity and clarifies how, far from being a threat, it can become beneficial to the action of the international community.
Seventeenth-century Dutch and Flemish paintings were aesthetic, intellectual, and economic touchstones in the Parisian art world of the Revolutionary era, but their importance within this framework, while frequently acknowledged, never attracted much subsequent attention. Darius A. Spieth’s inquiry into Revolutionary Paris and the Market for Netherlandish Art reveals the dominance of “Golden Age” pictures in the artistic discourse and sales transactions before, during, and after the French Revolution. A broadly based statistical investigation, undertaken as part of this study, shows that the upheaval reduced prices for Netherlandish paintings by about 55% compared to the Old Regime, and that it took until after the July Revolution of 1830 for art prices to return where they stood before 1789.
This book analyzes the place of the new Muslim minorities in society within the European Union. The authors explore the root causes of rising tensions and conflict between the new immigrant population and native Europeans over issues of Muslim identity, Islamist doctrines, and Islamophobia. They also provide integration models for the various EU countries and discuss the short- and long-range problems caused by socioeconomic discrimination against Muslims. Contributors include Imane Karich (International Crisis Group, Brussels), Isabelle Rigoni (Paris VIII University), Sara Silvestri (Cambridge University and City University, London), Valeria Amiraux (European University Institute, Florence), Chris Allen (University of Birmingham, UK), Tufyal Choudhury (Durham University, UK), and Bernard Godard (Ministry of Interior, Paris).
A history of French homosexuals since 1942 in the interconnected realms of law, politics and the media, with a focus on the complex relationship between French republican values and the possibilities they have offered for change in each of these three spheres.