The Competence of the European Union in Copyright Lawmaking

A Normative Perspective of EU Powers for Copyright Harmonization

Authors: Ramalho, Ana

  • Uses content analysis techniques to provide readers with objective data on copyright lawmaking 
  • Establishes benchmarks to propose a new approach to lawmaking that can also be used as a template in other fields
  • Discusses the intersection between EU law and copyright law, encompassing an analysis of both fields, to provide readers with a holistic understanding of copyright lawmaking
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eBook £58.99
price for United Kingdom (gross)
  • ISBN 978-3-319-28206-0
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover £74.50
price for United Kingdom (gross)
valid through November 5, 2017
  • ISBN 978-3-319-28205-3
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
About this book

This book inquires into the competence of the EU to legislate in the field of copyright, and uses content analysis techniques to demonstrate the existence of a normative gap in copyright lawmaking. To address that gap, it proposes the creation of benchmarks of legislative activity, reasoning that EU secondary legislation, such as directives and regulations, should be based on higher sources of law. It investigates two such possible sources: the activity of the EU Court of Justice in the pre-legislative era and the EU treaties. From these sources, the author establishes concrete benchmarks of legislative activity, which she then tests by applying them to current EU copyright legislation. This provides examples of good and bad practices in copyright lawmaking and also shows how the benchmarks could be implemented in copyright legislation. Finally, the author offers some recommendations in this regard.

Table of contents (7 chapters)

  • Introduction

    Ramalho, Ana

    Pages 1-24

  • A Normative Gap in Copyright Lawmaking?

    Ramalho, Ana

    Pages 25-57

  • Colonizing the Normative Gap: The Intervention of the Court of Justice

    Ramalho, Ana

    Pages 59-82

  • Minding the Normative Gap: The EU Treaties

    Ramalho, Ana

    Pages 83-117

  • Bridging the Normative Gap: Proposed Benchmarks for Copyright Lawmaking

    Ramalho, Ana

    Pages 119-150

Buy this book

eBook £58.99
price for United Kingdom (gross)
  • ISBN 978-3-319-28206-0
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover £74.50
price for United Kingdom (gross)
valid through November 5, 2017
  • ISBN 978-3-319-28205-3
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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Bibliographic Information

Bibliographic Information
Book Title
The Competence of the European Union in Copyright Lawmaking
Book Subtitle
A Normative Perspective of EU Powers for Copyright Harmonization
Authors
Copyright
2016
Publisher
Springer International Publishing
Copyright Holder
Springer International Publishing Switzerland
eBook ISBN
978-3-319-28206-0
DOI
10.1007/978-3-319-28206-0
Hardcover ISBN
978-3-319-28205-3
Edition Number
1
Number of Pages
XI, 249
Number of Illustrations and Tables
3 b/w illustrations
Topics