Digital Copyright Law and Practice 5th Edition by Simon Stokes 9781509917310 1509917314

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ISBN 10: 1509917314
ISBN 13: 9781509917310
Author: Simon Stokes

The first edition of this book in 2002 was the first UK text to examine digital copyright together with related areas such as performers’ rights, moral rights, database rights and competition law as a subject in its own right. Now in its fifth edition, the book has been substantially updated and revised to take account of legal and policy developments in copyright law and related areas, the new UK copyright exceptions, recent CJEU cases, the regulation of Collective Management Organisations, orphan works, and developments in EU copyright legislation and the EU’s Digital Single Market Strategy. It also contains new sections on big data and data mining, the impact of artificial intelligence and blockchain on copyright, and the future for UK copyright after Brexit. The book helps put digital copyright law and policy into perspective and provides practical guidance for those creating or exploiting digital content or technology, whether in academia, the software, information, publishing and creative industries, or other areas of the economy. The focus of Digital Copyright is on the specifics of the law in this area together with practical aspects. Both academics and practitioners will find the book an invaluable guide to this ever-expanding field of law. Review of Previous Edition: ‘Overall, Digital Copyright is well worth the relatively modest price for a book that will be stimulating for anyone who has to think about copyright in the digital realm.’ Francis Davey, Journal of Intellectual Property Law and Practice

Digital Copyright Law and Practice 5th Table of contents:

Cover
Title Page
Preface to the Fifth Edition
Acknowledgements (Fifth Edition)
Acknowledgements (Fourth Edition)
Acknowledgements (Third Edition)
Acknowledgements (Second Edition)
Acknowledgements (First Edition)
Table of Contents
Glossary
Table of Cases
Table of Legislation
Why Digital Copyright Matters
Overview of this Book
This Chapter and the Book
Copyright: Its Scope and Rationale
Why Have Copyright?
The Case Against Copyright and Copyright Reform
Limits on Copyright
Justifying Copyright
Originality and Copyright
Moral Rights
Copyright and Other Intellectual Property (IP) Rights
The International Aspect of Copyright
Background
An Example
The Internet, Communication to the Public and International Copyright
The Digital Challenge to Copyright
Internet Technology and Copyright
How the Internet Works
International Legislation
Electronic Commerce Directive
Information Society Directive
The EU’s Digital Single Market and EU Copyright Reform
The Future
The Death of Copyright
A New Future for Copyright
Concluding Thoughts
Digital Copyright: The Basics
Introduction
Overview
Sources of Law
EU Copyright Law
Brexit and Digital Copyright
What Digital Copyright Protects
UK Law
Digital Copyright Works
Criteria for Protection – Work Must be ‘Original’
Who is the Author (Including for Computer-generated Works)?
The Need for Fixation/Permanence of the Work
Qualifying Factors for Protection and Digital Copyright Formalities
Duration of Protection
Other Digital Rights Neighbouring Copyright or Related to it
How Digital Copyright can be Infringed
Digital Aspects
Remedies for Copyright Infringement
Exceptions and Defences to Digital Copyright Infringement
Statutory Exceptions
Licences
Public Policy Defences
Who Owns the Digital Copyright?
Employees, Directors and Commissioned Works
Authorship and Joint Ownership
Collecting Societies/Collective Management Organisations
The Implementation of the Electronic Commerce and Information Society Directives into UK Law
Implementation of the Electronic Commerce Directive
Implementation and Effect of the Information Society Directive
The Modernisation of EU Copyright Law in Light of the Digital Single Market
Portability Regulation
Geo-Blocking Regulation
Proposal for a Regulation on the Exercise of Copyright and Related Rights
Proposal for a Directive on Copyright in the Digital Single Market
An Updated Audiovisual Media Services Directive
IPR Enforcement Initiatives
Digital Database Law and the Internet
The Relationship Between Copyright and Database Right
Position Before 1 January 1998
Position from 1 January 1998
Digital Copyright Protection for Databases
Database Right Protection
British Horseracing Board Limited v William Hill (2001)
The ECJ Decision
Impact of the ECJ Decision in the UK Courts
Future Development of the Database Directive
Metasearch Engines and Website Scraping
Some Practical Suggestions
Digital Moral Rights: The Basics
What are Digital Moral Rights?
Background
UK Law
How are Digital Moral Rights Infringed?
Right of Paternity
Derogatory Treatment
Moral Rights in the USA
Performers’ Moral Rights
Implications of Moral Rights for the Digital Environment
Dealing with Moral Rights in Practice
Digital Rights and Competition Law
Overview: Competition Law and Digital Copyright
UK Competition Law
The Competition Act 1998
Restraint of Trade Doctrine
EU Law
Penalties for Breaching Competition Law
Implications for Digital Copyright Businesses
E-commerce Generally
Software and Other Digital Copyright Licences
Digital Copyright Distribution Agreements and Geo-blocking
Unfair Prices or Predatory Pricing
Maintenance
End User Sales
Refusal to License Digital Copyright to Competitors
Excessive Pricing
Content Bundling
Exhaustion of Rights in Digital Copyright Products
E-books
Collecting Societies
Data Dominance – Facebook
Google
Platforms
Concluding Comments
Software Copyright
Code and Copyright: The Basics
The Software Directive
What Does Software Copyright Protect?
John Richardson Computers Ltd v Flanders
Ibcos Computers Ltd v Barclays Mercantile Highland Finance Ltd
Cantor Fitzgerald v Tradition
Navitaire Inc v EasyJet Airline Co. & Anor
Nova Productions v Mazooma Games; Nova Productions v Bell Fruit Games
SAS Institute Inc v World Programming Ltd
Software Copyright Following Cantor Fitzgerald, Navitaire, Nova Productions and SAS Institute
The Challenge of the Free and Open Source Software (FOSS) Movement to Software Copyright
Some Issues
Digital Copyright and E-Commerce
Content Re-Use
Specific Issues for Audio-visual Content
Some Examples from the Case Law
Lessons to be Learned
Licensing and Linking
Licensing Digital Copyright Works
Linking
Digital Image Protection
Copyright in Digital Images
Infringing Image Rights
Protecting Digital Images
Lawful Use of Search Engines
Background
The US Experience
Practical Issues
Napster to the Pirate Bay: Online Copyright Infringement
The US Background
The UK Position: Legal Overview
The UK Experience
The CJEU and The Pirate Bay
Where to Next?
Service Provider Liability, Platforms and the ‘Value Gap’
Background
Clarifying the Position and the ‘Value Gap’
Standards and Web Content
Streaming Media and Digital Copyright
Piracy and Streaming
Defences Against Piracy
Concluding Thoughts
Technical Protection Measures and Fair Use: The End of Copyright?
Background
The Position in the USA
The UK Position Prior to 31 October 2003
The European Dimension
UK Implementation of Effective Technological Measures and ERMI
Technological Measures and Permitted Acts, Fair Use and Fair Dealing
The Future of Digital Rights Management (DRM)
The Digital Single Market
Digital Copyright: From Web 2.0 to Blockchain
Web 2.0 and Copyright
Web 2.0 Legal Issues: Background
Dealing with the Issues: The Importance of Contractual and/or Licence Terms
Some Specific Issues
Fair Dealing and Web 2.0
Google Book Search
Google News
Copiepresse v Google
The UK Position
Liability for Hosting and/or Distributing Infringing Content
Viacom v Google
Co-regulation: A Future Approach to Illicit P2P Copying of Material?
Online Infringement, the Digital Economy Act and Industry Initiatives
Injunctions Against Service Providers
E-Publishing
Introduction
E-books
Open Access
App Development and Licensing
Introduction
App Development and Licensing
Big Data
Introduction
Big Data and the Law
Copyright and Big Data
Database Right and Big Data
Data Scraping and Text and Data Mining
Artificial Intelligence, Virtual Reality and Copyright
Introduction
AI and VR: Copyright Issues
Infringement: Robonotices and Algorithmic Enforcement of Copyright
Blockchain and Copyright
What is Blockchain?
Blockchain and Copyright
Blockchain and the Future of Copyright
Protecting and Managing Your Digital Copyright Assets
General
Acquiring Rights: Ownership of Digital Copyright
Acquiring Rights: Licensing Digital Copyrights
Protecting and Exploiting Digital Copyrights
Issues for Specific Industries
General Industrial
Financial and Professional Services
Telecommunications and ISPs
Software and Computer Games
Publishing and Information Providers
Broadcasting, Entertainment and Music
Gaming and Betting
Auction Houses and Collectibles Sites
Museums, Galleries and Picture Libraries
Pharmaceutical, Biotechnology and Bio-information/ Bio-informatics Industries
Universities/Higher Education Sector
The Role of Collecting Societies/Collective Management Organisations in the Digital Environment
The Future of Collecting Societies/CMOs in the Digital Environment
The Regulation of Collecting Societies/CMOs and the 2014 Collective Management Directive
CMOs and Copyright Licensing Bodies in the UK
Orphan Works, Extended Collective Licensing and Digital Copyright Exchanges/Hubs
Introduction
Orphan Works Directive
Additional UK Legislation Relating to Orphan Works – The UK’s Orphan Works Licensing Scheme
Extended Collective Licensing in the UK
The Copyright Hub
Precedent Checklists and Precedents
Checklist: Acquiring Software (Digital Copyright User Focus)
Checklist: Acquiring Internet Content (Digital Copyright User Focus)
Checklist: Digital Copyright Distribution and Licensing (Digital Copyright Licensor Focus)
Open Source Licences: Checklist of Licensing Options
Creative Commons
Cloud Computing/Software as a Service (SaaS)
Linking Agreement
Website Terms
App Terms/EULA
Sample Assignment of Copyright, Moral Rights Waiver/Assertion and Licence
Consumers and Copyright Agreements
Index
Copyright Page

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