Step towards harmonization - Implementation of the EU Copyright Law into Georgian Legislation

Step towards harmonization - Implementation of the EU Copyright Law into Georgian Legislation

Author: George Meskhi

Publisher: GRIN Verlag

Published: 2011-11-30

Total Pages: 63

ISBN-13: 3656071810

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Master's Thesis from the year 2010 in the subject Law - Media, Multimedia Law, Copyright, Bucerius Law School in Hamburg, course: Master of Law and Business (MLB)-Copyright Law, language: English, abstract: Copyright law is considered to be one of the most dynamically developing fields of the law. This dynamic character of development has been mentioned in the European Copyright legislation as well. Although the significant challenges to this legislation have already been successfully overcome, the critics show that it still has the long way to go, before reaching more complete and advanced level of harmonization. Together with the positive evaluations, the actual process of harmonizing European Copyright law has deserved some critics as well. Therefore, while implementing the norms of that law into the national legislation, especially in the countries not belonging to the European Union, the legislators have to take into account both – the positive and negative aspects observed in the European level, in order to guarantee the successful realization of the European Copyright law implementation. Georgian example has been provided, in order to acknowledge the challenges of European Copyright law implementation into the legislation of the country, which does not belong to the European Union. However, the process of harmonizing Georgian Copyright legislation with that of the European Union has been activated during slightly more than a decade. This period has been characterized by the high level of dynamic developments, reflected in the changes and amendments. The main characteristics of development of the Georgian Copyright law up until now have to be taken into account for the process of future harmonization. The process of European Copyright law implementation has its own challenges as well. An abstract desire of harmonizing the European law should not be enough to overcome these challenges. Rather, the legislator has to take into consideration not only the European law which has to be implemented, but the existing reality and the logic of development in the national law as well. Similarly, during the implementation, balance has to be found between the general interests of harmonization and national interests of the existing legislation. In our opinion, this kind of ‘balance-based’ approach would lead to the successful realization of the European Copyright law harmonization into the Georgian legislation.


Book Synopsis Step towards harmonization - Implementation of the EU Copyright Law into Georgian Legislation by : George Meskhi

Download or read book Step towards harmonization - Implementation of the EU Copyright Law into Georgian Legislation written by George Meskhi and published by GRIN Verlag. This book was released on 2011-11-30 with total page 63 pages. Available in PDF, EPUB and Kindle. Book excerpt: Master's Thesis from the year 2010 in the subject Law - Media, Multimedia Law, Copyright, Bucerius Law School in Hamburg, course: Master of Law and Business (MLB)-Copyright Law, language: English, abstract: Copyright law is considered to be one of the most dynamically developing fields of the law. This dynamic character of development has been mentioned in the European Copyright legislation as well. Although the significant challenges to this legislation have already been successfully overcome, the critics show that it still has the long way to go, before reaching more complete and advanced level of harmonization. Together with the positive evaluations, the actual process of harmonizing European Copyright law has deserved some critics as well. Therefore, while implementing the norms of that law into the national legislation, especially in the countries not belonging to the European Union, the legislators have to take into account both – the positive and negative aspects observed in the European level, in order to guarantee the successful realization of the European Copyright law implementation. Georgian example has been provided, in order to acknowledge the challenges of European Copyright law implementation into the legislation of the country, which does not belong to the European Union. However, the process of harmonizing Georgian Copyright legislation with that of the European Union has been activated during slightly more than a decade. This period has been characterized by the high level of dynamic developments, reflected in the changes and amendments. The main characteristics of development of the Georgian Copyright law up until now have to be taken into account for the process of future harmonization. The process of European Copyright law implementation has its own challenges as well. An abstract desire of harmonizing the European law should not be enough to overcome these challenges. Rather, the legislator has to take into consideration not only the European law which has to be implemented, but the existing reality and the logic of development in the national law as well. Similarly, during the implementation, balance has to be found between the general interests of harmonization and national interests of the existing legislation. In our opinion, this kind of ‘balance-based’ approach would lead to the successful realization of the European Copyright law harmonization into the Georgian legislation.

The Competence of the European Union in Copyright Lawmaking

The Competence of the European Union in Copyright Lawmaking

Author: Ana Ramalho

Publisher: Springer

Published: 2016-03-08

Total Pages: 257

ISBN-13: 3319282069

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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.


Book Synopsis The Competence of the European Union in Copyright Lawmaking by : Ana Ramalho

Download or read book The Competence of the European Union in Copyright Lawmaking written by Ana Ramalho and published by Springer. This book was released on 2016-03-08 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

From Soviet to European Copyright

From Soviet to European Copyright

Author: George Meskhi

Publisher:

Published: 2017

Total Pages:

ISBN-13:

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Book Synopsis From Soviet to European Copyright by : George Meskhi

Download or read book From Soviet to European Copyright written by George Meskhi and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Exceptions in EU Copyright Law

Exceptions in EU Copyright Law

Author: Tito Rendas

Publisher: Kluwer Law International B.V.

Published: 2021-02-10

Total Pages: 400

ISBN-13: 9403524006

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Information Law Series Volume 45 In a copyright system characterised by broad and long-lasting exclusive rights, exceptions provide a vital counterweight, especially in times of rampant technological change. The EU’s controversial InfoSoc Directive – now two decades old – lists exceptions in which an unauthorised user will not have infringed the rightholder’s copyright. To reform or not to reform this legal framework – that is the question considered in great depth in this book, providing detailed theoretical and normative analysis of the Directive, the national and CJEU case law arising from it, and meticulously thought-out proposals for change. By breaking down the concepts of ‘flexibility’ and ‘legal certainty’ into a set of policy objectives and assessment criteria, the author thoroughly examines such core aspects of the framework as the following: the justifications for exceptions, e.g., safeguarding the fundamental rights of users; the regimes established in legislation and case law for key exceptions; the need to promote technological development; the importance of avoiding re-fragmentation caused by uncoordinated national legislative responses to technological changes; the legal status of digital technologies that rely on unauthorised uses of copyright-protected works; and the pros and cons of importing a fair use standard modelled after that of the United States. In an invaluable concluding chapter, the author puts forward a set of reform proposals, articulating their advantages and responding to potential objections. In doing so, the chapter also identifies, synthesises and critically examines the various proposals that have been advanced in the academic literature. In its decisive contribution to the debate around the InfoSoc Directive and the rules that guide its implementation, interpretation, and application, this book isolates the contentious structural features of the framework and examines them in a critical fashion. The author’s systematised review of scholarly and policymaking proposals for increasing flexibility and legal certainty in EU copyright law will be welcomed by practitioners in intellectual property law and other areas of economic law, as well as by interested policymakers and scholars.


Book Synopsis Exceptions in EU Copyright Law by : Tito Rendas

Download or read book Exceptions in EU Copyright Law written by Tito Rendas and published by Kluwer Law International B.V.. This book was released on 2021-02-10 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Information Law Series Volume 45 In a copyright system characterised by broad and long-lasting exclusive rights, exceptions provide a vital counterweight, especially in times of rampant technological change. The EU’s controversial InfoSoc Directive – now two decades old – lists exceptions in which an unauthorised user will not have infringed the rightholder’s copyright. To reform or not to reform this legal framework – that is the question considered in great depth in this book, providing detailed theoretical and normative analysis of the Directive, the national and CJEU case law arising from it, and meticulously thought-out proposals for change. By breaking down the concepts of ‘flexibility’ and ‘legal certainty’ into a set of policy objectives and assessment criteria, the author thoroughly examines such core aspects of the framework as the following: the justifications for exceptions, e.g., safeguarding the fundamental rights of users; the regimes established in legislation and case law for key exceptions; the need to promote technological development; the importance of avoiding re-fragmentation caused by uncoordinated national legislative responses to technological changes; the legal status of digital technologies that rely on unauthorised uses of copyright-protected works; and the pros and cons of importing a fair use standard modelled after that of the United States. In an invaluable concluding chapter, the author puts forward a set of reform proposals, articulating their advantages and responding to potential objections. In doing so, the chapter also identifies, synthesises and critically examines the various proposals that have been advanced in the academic literature. In its decisive contribution to the debate around the InfoSoc Directive and the rules that guide its implementation, interpretation, and application, this book isolates the contentious structural features of the framework and examines them in a critical fashion. The author’s systematised review of scholarly and policymaking proposals for increasing flexibility and legal certainty in EU copyright law will be welcomed by practitioners in intellectual property law and other areas of economic law, as well as by interested policymakers and scholars.

Guide to the Implementation of Directives Based on the New Approach and the Global Approach

Guide to the Implementation of Directives Based on the New Approach and the Global Approach

Author: European Commission

Publisher:

Published: 2000

Total Pages: 124

ISBN-13:

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Book Synopsis Guide to the Implementation of Directives Based on the New Approach and the Global Approach by : European Commission

Download or read book Guide to the Implementation of Directives Based on the New Approach and the Global Approach written by European Commission and published by . This book was released on 2000 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Making Available Right

The Making Available Right

Author: Cheryl Foong

Publisher: Edward Elgar Publishing

Published: 2019

Total Pages: 320

ISBN-13: 1788978188

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p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial} The right of copyright owners to make their content available to the public is crucial in an environment driven by access. The Making Available Right provides in-depth analysis of this exclusive right and offers insights on how we can approach the right in a more transparent and principled manner. This thought-provoking book brings together detailed analysis of the law and a broader consideration of copyright’s fundamental aims, and will be of interest to judges, practitioners and scholars concerned about how copyright deals with access going forward.


Book Synopsis The Making Available Right by : Cheryl Foong

Download or read book The Making Available Right written by Cheryl Foong and published by Edward Elgar Publishing. This book was released on 2019 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial} The right of copyright owners to make their content available to the public is crucial in an environment driven by access. The Making Available Right provides in-depth analysis of this exclusive right and offers insights on how we can approach the right in a more transparent and principled manner. This thought-provoking book brings together detailed analysis of the law and a broader consideration of copyright’s fundamental aims, and will be of interest to judges, practitioners and scholars concerned about how copyright deals with access going forward.

Regulatory and Procedural Barriers to Trade in Georgia

Regulatory and Procedural Barriers to Trade in Georgia

Author: Hana Daoudi

Publisher:

Published: 2018

Total Pages: 176

ISBN-13:

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Since 2010, the ECE has been undertaking demand-driven national studies of regulatory and procedural barriers to trade, with a view to: helping countries achieve greater regional and global economic integration; informing donors as to where assistance might be required; and supporting policy discussions within the Steering Committee on Trade Capacity and Standards (previously, the Committee on Trade) and its subsidiary bodies on where additional work is required. This study summarizes the key findings of the seventh study, which focuses on Georgia. It was prepared by the ECE secretariat in close consultation with public and private sector stakeholders. The study integrates the outcome of the stakeholder meeting, which was organized in Tbilisi, Georgia on 23 April 2018 by the Ministry of Economy and Sustainable Development to discuss the initial results and recommendations.


Book Synopsis Regulatory and Procedural Barriers to Trade in Georgia by : Hana Daoudi

Download or read book Regulatory and Procedural Barriers to Trade in Georgia written by Hana Daoudi and published by . This book was released on 2018 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 2010, the ECE has been undertaking demand-driven national studies of regulatory and procedural barriers to trade, with a view to: helping countries achieve greater regional and global economic integration; informing donors as to where assistance might be required; and supporting policy discussions within the Steering Committee on Trade Capacity and Standards (previously, the Committee on Trade) and its subsidiary bodies on where additional work is required. This study summarizes the key findings of the seventh study, which focuses on Georgia. It was prepared by the ECE secretariat in close consultation with public and private sector stakeholders. The study integrates the outcome of the stakeholder meeting, which was organized in Tbilisi, Georgia on 23 April 2018 by the Ministry of Economy and Sustainable Development to discuss the initial results and recommendations.

Women, Business and the Law 2021

Women, Business and the Law 2021

Author: World Bank

Publisher: World Bank Publications

Published: 2021-04-05

Total Pages: 381

ISBN-13: 1464816530

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Women, Business and the Law 2021 is the seventh in a series of annual studies measuring the laws and regulations that affect women’s economic opportunity in 190 economies. The project presents eight indicators structured around women’s interactions with the law as they move through their lives and careers: Mobility, Workplace, Pay, Marriage, Parenthood, Entrepreneurship, Assets, and Pension. This year’s report updates all indicators as of October 1, 2020 and builds evidence of the links between legal gender equality and women’s economic inclusion. By examining the economic decisions women make throughout their working lives, as well as the pace of reform over the past 50 years, Women, Business and the Law 2021 makes an important contribution to research and policy discussions about the state of women’s economic empowerment. Prepared during a global pandemic that threatens progress toward gender equality, this edition also includes important findings on government responses to COVID-19 and pilot research related to childcare and women’s access to justice.


Book Synopsis Women, Business and the Law 2021 by : World Bank

Download or read book Women, Business and the Law 2021 written by World Bank and published by World Bank Publications. This book was released on 2021-04-05 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: Women, Business and the Law 2021 is the seventh in a series of annual studies measuring the laws and regulations that affect women’s economic opportunity in 190 economies. The project presents eight indicators structured around women’s interactions with the law as they move through their lives and careers: Mobility, Workplace, Pay, Marriage, Parenthood, Entrepreneurship, Assets, and Pension. This year’s report updates all indicators as of October 1, 2020 and builds evidence of the links between legal gender equality and women’s economic inclusion. By examining the economic decisions women make throughout their working lives, as well as the pace of reform over the past 50 years, Women, Business and the Law 2021 makes an important contribution to research and policy discussions about the state of women’s economic empowerment. Prepared during a global pandemic that threatens progress toward gender equality, this edition also includes important findings on government responses to COVID-19 and pilot research related to childcare and women’s access to justice.

Guidelines for Protected Areas Legislation

Guidelines for Protected Areas Legislation

Author: Barbara J. Lausche

Publisher: IUCN

Published: 2011

Total Pages: 400

ISBN-13: 2831712459

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The central aim of this publication is to consider the key elements of a modern, comprehensive, and effective legal framework for successful management of protected areas. They provide practical guidance for all those involved in developing, improving, or reviewing national legislation on protected areas, be they legal drafters and practitioners, protected area managers, interested NGOs, or scholars. These guidelines include fifteen case studies, eight dealing with the protected area legislation of individual countries and six cases dealing with specific sites providing fundamental solutions that stand the test of time.


Book Synopsis Guidelines for Protected Areas Legislation by : Barbara J. Lausche

Download or read book Guidelines for Protected Areas Legislation written by Barbara J. Lausche and published by IUCN. This book was released on 2011 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The central aim of this publication is to consider the key elements of a modern, comprehensive, and effective legal framework for successful management of protected areas. They provide practical guidance for all those involved in developing, improving, or reviewing national legislation on protected areas, be they legal drafters and practitioners, protected area managers, interested NGOs, or scholars. These guidelines include fifteen case studies, eight dealing with the protected area legislation of individual countries and six cases dealing with specific sites providing fundamental solutions that stand the test of time.

A comparison of copyright law between the USA, Australia and Germany with particular reference to the capture of electronic music files for personal use

A comparison of copyright law between the USA, Australia and Germany with particular reference to the capture of electronic music files for personal use

Author: Bärbel Bohn

Publisher: GRIN Verlag

Published: 2005-07-13

Total Pages: 23

ISBN-13: 363839591X

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Seminar paper from the year 2005 in the subject Law - Media, Multimedia Law, Copyright, grade: 1,4, Bond University Australia, language: English, abstract: Copyright is the term for a bundle of exclusive rights given by law to the owner of the copyright. Basically the copyright Law is supposed to maintain a fair balance between providing users with reasonable access to the growing information economy on the one hand, and providing recognition and rewards for creators on the other. With the technological progress the importance of copyright Law increased. It became very easy and popular to infringe copyright by using the new technological inventions – such as CD-burner etc and Internet. The protection of copyright is nowadays not just a national issue anymore as the world becomes more addicted to the internet every day. Infringement of copyright in sound recordings is one of the most common infringements. Nowadays you can see the term “mp3” everywhere. DVD-players can play mp3s, there is special software for your computer to play mp3s, there are special players like ipods or even smaller players which are just the size of a lighter and even your mobile phone can play mp3s now. But what is exactly is mp3? This paper compares copyright law between the USA, Australia and Germany with particular reference to the capture of electronic music files for personal use. There are many ways of capturing mp3s – such as downloading them from the internet, using filesharing software e.g. kazaa or converting music files from a CD into mp3s.


Book Synopsis A comparison of copyright law between the USA, Australia and Germany with particular reference to the capture of electronic music files for personal use by : Bärbel Bohn

Download or read book A comparison of copyright law between the USA, Australia and Germany with particular reference to the capture of electronic music files for personal use written by Bärbel Bohn and published by GRIN Verlag. This book was released on 2005-07-13 with total page 23 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2005 in the subject Law - Media, Multimedia Law, Copyright, grade: 1,4, Bond University Australia, language: English, abstract: Copyright is the term for a bundle of exclusive rights given by law to the owner of the copyright. Basically the copyright Law is supposed to maintain a fair balance between providing users with reasonable access to the growing information economy on the one hand, and providing recognition and rewards for creators on the other. With the technological progress the importance of copyright Law increased. It became very easy and popular to infringe copyright by using the new technological inventions – such as CD-burner etc and Internet. The protection of copyright is nowadays not just a national issue anymore as the world becomes more addicted to the internet every day. Infringement of copyright in sound recordings is one of the most common infringements. Nowadays you can see the term “mp3” everywhere. DVD-players can play mp3s, there is special software for your computer to play mp3s, there are special players like ipods or even smaller players which are just the size of a lighter and even your mobile phone can play mp3s now. But what is exactly is mp3? This paper compares copyright law between the USA, Australia and Germany with particular reference to the capture of electronic music files for personal use. There are many ways of capturing mp3s – such as downloading them from the internet, using filesharing software e.g. kazaa or converting music files from a CD into mp3s.