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Copyright Licensing can no longer be considered purely from the perspective of the licensor’s home territory. This practical and wide-ranging reference work provides comprehensive coverage of the law and practice of cross-border licensing in a number of major territories, including China, the EU, India, Mexico, Russia, Singapore, South Africa, and the USA. The book, written by expert authors with insight from practice and from their home jurisdictions, focuses on both copyright licensing and competition law and, specifically, the inter-relation between these legal fields. The book is uniquely structured to provide both thematic coverage and detailed analysis of each territory’s applicable laws and regulations, highlighting and addressing the legal issues that are most critical in and relevant to licensing practice. Cross-Border Copyright Licensing is an essential starting point for anyone considering or advising on the implementation or enforcement of a copyright licensing program, in either developed and emerging markets.
Explores the complex European regulatory landscape for multi-territorial access to and licensing of copyrighted works such as music and audiovisual works.
This is an open access book. Media industry research and EU policymaking are predominantly tailored to large (and, in the latter case, Western) European markets. This open access book addresses the specific qualities of smaller media markets, highlighting their vulnerability to global digital competition and outlining survival strategies for them. New online distribution models and new trends in the consumption of audiovisual content are limited by, and pose new challenges for, existing audiovisual business models and their legal framework in the EU. The European Commission’s Digital Single Market (DSM) strategy, which was intended e.g. to remove obstacles to the cross-border distribution of audiovisual content, has triggered a heated debate on the transformation of the existing ecosystem for European screen industries. While most current discussions focus on the United States, Western Europe, and the multinational giants, this book approaches these industry trends and policy questions from the perspective of relatively small and peripheral (in terms of their population, language, cross-border cultural flows, and financial and/or symbolic capital) media markets.
EU Copyright Law Subsistence, Exploitation and Protection of Rights Morten Rosenmeier, Kacper Szkalej and Sanna Wolk Against a background in which technology continues to change the ways we create, use, distribute and consume cultural content – and where there has been a noticeable increase in the body of case law of Court of Justice of the European Union (CJEU) relating to copyright – copyright protection has become an essential component of the knowledge-based economy and the information society. This book, structured around the various rights and issues rather than the legislative instruments, greatly facilitates an understanding of the complex legal area of European Union (EU) copyright law and provides for a more conscious application of these rules. Among the issues and topics covered are the following: the CJEU’s interpretation of EU copyright law and application of fundamental rights; authorship and ownership of copyright; protection of computer programs and databases; scope of exclusive rights, such as communication to the public and distribution, including rental and lending; application of limitations and exceptions; cross-border access to online content services; digital exhaustion of copyright; and enforcement of copyright and cross-border issues; With its practical approach to the substance of the various legal rules and principles both at EU level and in the various EU Member States, the book clearly describes in detail how copyright law functions throughout the EU. Professionals, business entities and academics who must be familiar with this dynamic legal area, especially in the digital environment, will benefit greatly from the book’s clear consideration of legal questions that arise in connection with copyright issues.
This book presents a new approach to management in an increasingly interactive world. In this context, the use of the word “new” has two meanings. The first relates to a new definition of borders (which are natural, institutional, functional, or mixed); the second concerns the fact that the book applies (and, where necessary, develops) analytical tools, methods and models that are different from those used in other similar books. The objectives of this book are: to clarify whether existing management theories and methods can be effectively applied in an entity (which can be defined as a sovereign country, a region, a community, a culture, or a firm) as the latter increasingly interacts with the rest of the world; to develop qualitative and quantitative methods to help leaders make optimal decisions for their entity and, at the same time, to maximize the positive (or minimize the negative) effects of those decisions on the rest of the world; and to design workable cross-border cooperation plans and conflict-management schemes that allow policy-makers to better cope with the challenges and problems posed by our increasingly interactive world.
International Intellectual Property in an Integrated World Economy, Fifth Edition provides a comprehensive analysis of the international intellectual property system across the spectrum of intellectual property (IP) rights and interests. It introduces the institutional architecture at the multilateral, regional/plurilateral, bilateral, and national levels. For each form of IP, it addresses the legal rules and illustrative jurisprudence with a focus on major jurisdictions, as well as economic and social welfare implications. It also considers the continuously growing importance of IP in a constantly changing technological environment, currently reflected in the rise of artificial intelligence (AI) and its deployment in creative and inventive activities. Each of the authors has played a role in the development and implementation of the international rules, and they bring their experience to bear in introducing students to the field. New to the Fifth Edition: New co-authors: Ryan B. Abbott, Mira Burri, Henning Grosse Ruse-Khan, and Maegan McCann, who bring additional expertise to the book The latest developments in bilateral and regional agreements regulating intellectual property, including implementation of the EU Unitary Patent and Unified Patent Court system and the EU intermediaries’ liability regime for copyright infringement Important new judicial decisions, including the U.S. Supreme Court decisions in Google v. Oracle and Andy Warhol Foundation v. Goldsmith, as well as decisions from EU and U.S. courts addressing identifiers for food products (Emmental and Gruyere cheeses) Developments in AI in the context of content-creation, inventions, IP-registration and enforcement, as well as support or substitute for human decision-making The expanding discourse on trade secret protection and its importance for international technology transfer The phenomenon of the anti-suit injunction in international patent litigation Benefits for instructors and students: An approach to the international IP system that situates the rules within the broader context of international law and the public policy objectives that governments, industry, and interest groups are seeking to achieve Case law from international dispute settlement bodies, as well as from national and regional courts and administrative authorities Discussion of patent, trademark, copyright, design, trade secret, and geographical indication protection, as well as plant variety protection, the protection of genetic resources and traditional knowledge, and the role of open source and open innovation systems An explanation of the European Union Unitary Patent system Exploration of the increasingly important role of emerging market IP systems Materials to help students understand the disputes between the United States and China involving IP, investment, and transfer of technology Identification of important trends in the enforcement of IP
This engaging book, written in an accessible and concise manner, methodically unravels the complexities of regulating cross-border online gambling. The focus of the wellresearched materials highlights the tensions which arise between the execution of national policies and the international ubiquity of internet-based trade. With well thought out examples the narrative illustrates how national policy choices clash with one another, not only via attempts to liberalize markets but also through the application of rules of private international law.
This book illustrates the challenges that regulators and policy makers have faced in the transition from the ‘old’ network industries to the new digital ecosystem. It succinctly describes the evolution of digital economy, its main actors, notably global digital platforms, as well as its interactions, interdependences, and trade-offs. Eventually, it proposes insights about why public rules are needed, what kind of rules could be more effective, fair, and efficient, and who should pose and enforce them. The book is opened by an introduction, dealing with Digital Transformation, Big Techs, and Public Policies, which provides a general conceptual and thematic framework to the following analysis but could be also read as a stand-alone paper. The following chapters are grouped in two parts: I. The Evolution of Digital Markets and Digital Rights, and II. Regulating Big Tech’s Impact on Market and Society. The secondary title - the European approach – has a twofold meaning. It highlights the fact that this work has a clear focus on EU law and policy - although the economic and institutional issues addressed are global phenomena, common to all world’s economies. In addition, it also underlines that European digital policy is not yet complete and effective. This book intends to provide a small contribution to the ongoing policy making process, as well as to the wider academic and policy debate.
The continued advancement of globalization, increases in internet connectivity, compatibility of international payment systems, and adaptability of logistics and shipping processes have combined to contribute to the rapid growth of the cross-border e-commerce market. Due to these advancements and the ubiquitous presence of smartphones, consumer use of cross-border e-commerce is increasingly simplified, and thus, sellers are hardly restricted to a specific country in terms of promoting, selling, and shipping goods worldwide. The burgeoning opportunities, habits, and trends of shopping on cross-border e-commerce platforms have expedited the prospect of becoming a presence in the global market. This is true for enterprises of all sizes, especially for small? and medium?sized enterprises (SMEs) that want to add their footprint in the international market for the first time. Like any other industry, cross-border e-commerce has its specific economics and driving forces, but has different scopes, challenges, and trends due to the geographic and cultural expanse of relevant environments. Cross-Border E-Commerce Marketing and Management was conceptualized by identifying the scope of new complementary information with a comprehensive understanding of the issues and potential of cross-border e-commerce businesses. The authors believe that this book will not only fill the void in the current research but will also provide far-sighted vision and strategies, as it covers big data, artificial intelligence, IoT, supply chain management, and more. This book provides the necessary knowledge to managers to compete with the competitive market structure and ultimately contribute to the sustainable economic growth of a country. It works as a guideline for existing cross-border e-commerce managers to formulate individual strategies that combine to optimize the industry while keeping the enterprise competitive. This book is useful in both developed and developing country contexts. This publication is an ideal resource for academicians, policy makers, stakeholders, and cross-border e-commerce managers, especially from SMEs.