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This book presents a thorough exploration of the legal framework of EU digital copyright law from the perspective of the end-user. It provides a detailed examination of the implications that the spectacular rise of this new actor creates for the interplay between the EU copyright system and human rights law, competition law and other important policies contained in the EC Treaty. This comprehensive, book is crucial reading for lawyers, policymakers and academics.
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This book is the first comprehensive exploration of the legal framework of EU digital copyright law from the perspective of the ‘end-user’. This multi-faceted actor of the digital environment is a consumer of copyrighted works, a file-sharer of these works on the Internet, and a possible follow-on creator, who builds upon pre-existing digitised materials. All of these activities raise significant issues for national, European and international legal systems.
The author critically evaluates the economic and legal consequences of the spectacular rise of user-generated content for existing copyright rules, with reference to human rights law, competition law and other important policies contained in the EC Treaty. He details policy options which would establish a balance between digital copyright law and the preservation of constitutionally-mandated end-user activities like personal use, private copying, educational and research activities and the unprecedented transformative uses enabled by digital technologies.
This book is essential reading for lawyers, policymakers and academics interested in copyright law, competition law concerning digital media and information technology, consumer digital rights, Internet governance, freedom of expression and user data protection in digital settings.
From the reviews:
"This book by Giuseppe Mazziotti draws on the contents of his PhD thesis. In general, it considers the intersection between copyright law and digital technologies. ... The formula of the book is uncomplicated yet effective. ... it is well sustained by a wide-ranging bibliography and reasonable index. ... is a worthy recommendation for law libraries. ... it will interest students and academics involved with copyright law and technological developments. It will also be of great interest for copyright lawmakers in the European Union [...]." (Ghufran Sukkaryeh, European Intellectual Property Review, Vol. 30 (II), 2008)
"[...] useful [...] for anyone wanting to understand the workings and implications of the EU InfoSoc Directive, in effect Europe's DMCA. More important, Mazziotti points out that the InfoSoc Directive and the application of the 3-step test for exceptions have potentially gutted certain rights to make a private copy under the European private copying schema. Instead, he argues for more robust user-rights for both transformative and non-transformative uses. I support this conclusion." (David Lametti, http://www.cipp.mcgill.ca/blog/category/entertainment-law/)
“The book is clearly written and thus provides well-structured argumentation. ... Mazziotti makes recommendations on how the copyright law should be developed. ... Mazziotti’s book offers an interesting approach to the European copyright debate. The author is well-informed and is able to skillfully describe the differences between different views.” (Niklas Bruun, IPRinfo, Issue 5, 2009)
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