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Pluralism or Universalism in International Copyright Law, Second Edition

Pluralism or Universalism in International Copyright Law, Second Edition

SKU:10065796-0003
Tatiana Eleni Synodinou
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Price:
$135.00
Product Line
Kluwer Law International
ISBN-13
9789403526881
Availability
Ships in 5-7 Business Days
Last Updated
2025-06-19

Overview

Information Law Series #43


Pluralism or Universalism in International Copyright Law, currently in its second edition, is an insightful and exhaustively researched book suggesting that despite the prevailing labyrinthine mosaic of divergent national responses to fragmentation at the international level, the foundations of a universal approach can be found in the interaction of regional, national and international copyright law instruments when responding to current and emerging technologies. In a world where digital platforms are de facto regulators of the communication of copyright-protected works, the democratization of access to content has substantially expanded the availability of new markets and dramatically increased copyright infringements. Faced with these challenges, regional and national copyright systems are in search of elasticity and drastic reforms. Copyright ecosystems react variously either with the introduction of reforms or by staying inert, depending on their level of technological progress and their development of copyright law and political opportunism. This leads to a labyrinthine mosaic of divergent national responses to universal questions and fragmentation at the international level.


What’s in this book:

Elucidating the adaptation of copyright law to the needs of the digital era and the rise of Artificial Intelligence, this book furnishes vital approaches by eminent copyright scholars on whether pluralism or universalism is the appropriate path to follow for the development of international copyright law. The authors deal with the following issues and topics: 


  • the application of core copyright law principles worldwide;
  • authorship, rights and exceptions in the international copyright acquis;
  • global collective management of copyright;
  • copyright contracts;
  • database and design rights;
  • the global reach of the U.S. Fair Use doctrine;
  • World Intellectual Property Organization’s role and strategy in international copyright lawmaking;
  • a possible revision of the Berne Convention; and
  • human rights and international copyright law.

Specific evolutions and emerging trends in national and regional digital copyright laws are analyzed and assessed as they have developed in the European Union, the United States and Canada. Throughout, attention is paid to compatibility with the Berne Convention, the perceived core of copyright law in the international copyright acquis, and the key question of the balancing of copyright law with fundamental rights from an international and comparative law perspective. 


How this will help you:

This peerless book is a comprehensive analysis of how core copyright law concepts and principles function in today’s fragmented copyright legal system. Its in-depth treatment of numerous specific instruments and regimes, as well as its insightful approaches to the future of international copyright lawmaking, will prove to be invaluable to lawyers, judges, policymakers, academics and researchers working in the field of copyright law. 

Table Of Contents

Editor


Contributors


List of Abbreviations


Acknowledgments


Dedication


Introduction

Tatiana Eleni Synodinou


Part I

Regional Copyright Law Harmonization


Chapter 1

EU, BC, WCT: The Compatibility of EU Copyright Law with the International Acquis in the Berne Convention, TRIPS and WCT

Antoon A. Quaedvlieg


Chapter 2

The Creeping Unification of Copyright in Europe

P. Bernt Hugenholtz


Chapter 3

Globalization of Collective Rights Management and the Role of National CMOs

Rudolf Leška


Chapter 4

U.S. (Non)Compliance with Its International Copyright Obligations under Berne, TRIPS and the 1996 WIPO Copyright Treaties

Jane C. Ginsburg


Chapter 5

Is the U.S. Fair Use Doctrine Compatible with Berne and TRIPS Obligations?

Pamela Samuelson & Kathryn Hashimoto


Chapter 6

The Compatibility of Canada’s Copyright Law with International Copyright Conventions

Ysolde Gendreau


Chapter 7

Evolutions of Copyright Law in Africa: Compatibility with International Norms and Directions

Marisella Ouma


Part II

Pluralism or Universalism in International Copyright Lawmaking


Chapter 8

Berne Convention: The Epicenter of Universalism or the Contrary?

Dionysia Kallinikou


Chapter 9

Universality or Diversity? The WIPO Role and Strategy in International Copyright Lawmaking

Jørgen Blomqvist


Chapter 10

Toward a New Berne Convention

Daniel Gervais


Chapter 11

Pluralism and Universalism in International Copyright Law: The Role of an International Acquis

Graeme B. Dinwoodie


Chapter 12

Revision of the Berne Convention: Utopia or Realistic Dream?

Michel M. Walter


Part III

International Copyright Law Acquis


Chapter 13

The Moral Interests of Authors as Universal Expressions of the Law of Autonomy: And Their Plural Recognition Within or Outside Copyright Law

Alain Strowel


Chapter 14

Toward an International Common Core of Exceptions and Limitations?

Raquel Xalabarder


Chapter 15

International Fragmentation of Copyright Duration: The Only Place Where the Little Prince and Anne Frank Grow Old

Séverine Dusollier


Chapter 16

Dangers and Challenges of Copyright Law’s Segmentation in the Digital Era from a Private International Law Perspective

Paul L.C. Torremans


Part IV

Gaps in the International Copyright Law Acquis


Chapter 17

Authorship in International Copyright Law

Tatiana Eleni Synodinou


Chapter 18

Nonoriginal Databases and Works of Applied Art as Nonharmonized Matter in International Copyright Law: What Lessons Can Be Learned?

Estelle Derclaye


Chapter 19

Copyright Contract Law

Agnès Lucas-Schloetter


Part V

Human Rights and International Copyright Law


Chapter 20

Universalism, Pluralism or Isolationism? The Relationship Between Authors’ Rights and Creators’ Human Rights

Jonathan Griffiths


Chapter 21

Access to Works Protected by Copyright Law

Philippe Jougleux


Chapter 22

Universal Measures in the Service of Global Challenges: Proportionality, Blocking Orders, and Online Intermediaries as Hybrid Bodies

Orit Fischman Afori


Table of cases


Index


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