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The book provides a detailed analysis of the freedom of expression, and of copyright legislation in Russia, always with an eye on historic comparisons and evolutions . At the same time it gives a synthetic overview of the main changes in constitutional, civil and economic law in the last 15 years.
'Copyright is increasingly broad in scope and the range of perspectives that can be applied to study it is equally wide not just IP law but legal philosophy, economics, cultural studies, ethnography, legal history and political science are all potentially relevant approaches to dissecting the copyright octopus. This book includes examples of all these approaches. It makes fascinating reading. It is also a valuable contribution to the current debate about the future development of copyright law.'
. . . an important contribution to the study of EU copyright law. It provides a good overview of different aspects of copyright law in the European Union and comprises a prevailing guide which undoubtedly will be of great use to both academics and practitioners. Ghufran Sukkaryeh, European Intellectual Property Review Estelle Derclaye s book is indeed a Handbook on EU copyright law, since practically every aspect of copyright law is examined through the lens of EU law by foremost European specialists. But it goes further than providing an understanding of what has been and ought to be happening in EU copyright law: each chapter can touch a raw nerve in the copyright law of any country in the world. Rarely has it been so obvious that EU copyright law can be considered a laboratory for copyright law in general. Ysolde Gendreau, Université de Montréal, Canada It has been over fifteen years since the EU started harmonising copyright law. This original Handbook takes stock and questions what the future of EU copyright should be. What went wrong with the harmonisation acquis? What did the directives do well? Should copyright be further harmonised? Each of the 25 recognised copyright experts from different European countries gives a critical account of the EU harmonisation carried out on several aspects of copyright law (subject-matter, originality, duration, rights, defences etc.), and asks whether further harmonisation is desirable or not. This way, the Handbook not only gives guidance to European institutions as to what remains to be done or needs to be remedied but is also the first overall picture of current and future EU copyright law. This Handbook will be of great interest to academics and intellectual property lawyers, as well as general commercial lawyers, across Europe because it reviews European directives in the field of copyright and also the relationships between copyright and other laws. Policymakers will also find much to interest them in the discussions regarding the future of EU copyright law and the proposed amendments to the existing legal framework.
The book deals with the expansion and institutionalization of intellectual property norms in the twentieth century, with a European focus. Its thirteen chapters revolve around the transfer, adaptation and the ambivalence of legal transplants in the interface between national and international projects, trends and contexts. The first part discusses the institutionalization of copyright and patent law in the frame- work of the bigger political and economic projects of the twentieth century. The second and third parts of the collection review relevant processes in the communist regimes and the post-communist societies, respectively. The essays point at processes of enculturation, trans-nationalization and universalization of norms, as well as practices of incorporation and resistance. The contributors lay a particular emphasis on the role and activity of social actors in the establishment and validation of intellectual property norms and regimes, from the function of experts and creation of expert cultures to the compelling power of popular street protests.
This work traces the attempt to complete the creation of a unified legal and political system in contemporary Russia. Multiple political and legal aspects of the problem are examined by both political scientists and legal scholars. The volume focuses on post-Soviet developments in Russia, especially during the Putin administration. The contributors' perspectives include constitutional law, judicial development, law reform, human rights, federalism, and international law. The collective study finds that much progress has been made toward the unification of political and legal space in Russia, although significant problems remain to be addressed in order for the process to continue to move forward.
Ours is an era when human genes can be copied and patented. From genetically modified foods to digital piracy, the concept of intellectual property (IP) and the laws upholding it play a foundational role in our society, but its political and ideological dimensions have rarely been understood outside of specialist circles. This collection cuts through the legal jargon that so often surrounds IP, to provide both a comprehensive history and analysis that explores the corporate interests that shape its conception and the movements that are developing alternatives. As the nature of industry changes, we might ask: what are the wider implications of the concept of IP, be it for agribusiness and pharmaceutical companies or the film and music industries? Has IP law has been used to safeguard and assert the ownership of ideas and creativity, or is it an essential foundation of our culture? Today, with mounting challenges from the growth of free software and open source movements, this collection provides an accessible and alternative guide to IP, exploring its significance within the wider struggle between capital and the commons.
The adaption of copyright law to the digital age is currently one of the EU’s main concerns regarding intellectual property. This thesis analyses whether European legislation in this field can be successfully implemented in the same way in countries with different levels of development. Taking the examples of Germany and Armenia will help to evaluate the problems of developed and transition countries concerning the challenges of copyright in the digital age. The comparison between these two countries shows that a one-size-fits-all-approach is not appropriate in the digital environment. The socio-economic situation and the legal environment of transition countries call for a different solution. In this respect the example of Armenia may be instructive for other transition countries as well, especially CIS countries. A recommendation for adopting a certain system for drafting European legislation in the future which will meet the needs of all countries, considering their social, economic and legal situation, has been developed in this thesis.
An international team of authors looks at the role law has played in the transformation of Russia and evaluates the legal achievements of the Putin administration against the background of Russia's changing relationship with Europe.
What is the relationship between creativity, cultural heritage institutions and copyright? Who owns culture and cultural heritage? The digital age has expanded the horizon of creative possibilities for artists and cultural institutions - what is the impact on legal regimes that were constructed for an analogue world? What are the tensions between the safeguarding of cultural heritage and the dissemination of knowledge about culture? Inspired by a three year research project involving leading European universities, this book explores the relationship between copyright and intellectual property, creativity and innovation, and cultural heritage institutions. Its contributors are scholars from both the humanities and the social sciences - from cultural studies to law - as well as cultural practitioners and representatives from cultural heritage institutions. They all share an interest in the contribution of intellectual property to the role of cultural institutions in making culture accessible and encouraging new creativity.
The Constitution of the Russian Federation was ratified in 1993 amid great hopes and aspirations following the collapse of the USSR. The constitution proclaims the goal of establishing a “democratic, federal state” that functions according to rule of law and promises a broad array of social, political and economic rights to its citizens. But how well has the Russian government lived up to realizing these promises? Seven distinguished scholars on Russian politics and law examine the state of political accountability, federal power-sharing, judicial independence, press freedom, and criminal procedure in Russia today. The picture that emerges is decidedly mixed; they conclude that the Russian constitution remains a work in progress.