Overview
- 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
- Includes supplementary material: sn.pub/extras
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Table of contents (7 chapters)
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Front Matter
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Back Matter
Keywords
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.
Authors and Affiliations
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: Ana Ramalho
DOI: https://doi.org/10.1007/978-3-319-28206-0
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: Springer International Publishing Switzerland 2016
Hardcover ISBN: 978-3-319-28205-3Published: 15 March 2016
Softcover ISBN: 978-3-319-80297-8Published: 25 April 2018
eBook ISBN: 978-3-319-28206-0Published: 08 March 2016
Edition Number: 1
Number of Pages: XI, 249
Number of Illustrations: 3 b/w illustrations
Topics: IT Law, Media Law, Intellectual Property, European Law, European Integration, European Union Politics