Creating EU Copyright Law: Striking a Fair Balance
In: Helsinki: Hanken School of Economics 2019
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In: Helsinki: Hanken School of Economics 2019
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In: International Journal of Constitutional Law, 2012
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In: (2019) 49 Hong Kong Law Journal 265-294
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In: International studies in human rights, v. 99
In one of the most important publications on the European Convention and Court of Human Rights in recent years, a wide range of fundamental practical and theoretical problems of crucial importance are addressed in an original and critical way bringing a fresh, coherent and innovative order into well-known battle zones. The analysis revolves around the Courta (TM)s fair balance-test and comprises in-depth analyses of e.g. methods of interpretation, proportionality, the least onerous means-test, the notion of absolute rights, subsidiarity, formal and substantive principles, evidentiary standards.
In: International studies in human rights v. 99
In: International studies in human rights 99
In: This is an Authors' Original Version of an article published by Taylor & Francis in Journal of Media Law (2016) on 21 Oct 2016, DOI: 10.1080/17577632.2016.1240957
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In: GRUR international: Journal of European and International IP Law, Band 72, Heft 2, S. 186-190
ISSN: 2632-8550
Scanbox Entertainment A/S
In: MIPLC Master Thesis Series (2018/19)
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In: Michigan Law Review, Band 110, Heft 4
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In: Human rights law review, Band 10, Heft 2, S. 289-317
ISSN: 1744-1021
In: Human Rights Law Review, Band 10, Heft 2, S. 289-317
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In: European Intellectual Property Review (n.11/2019)
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In recent years, the ability to make available, locate and access copyright protected content over the Internet has increased considerably. Some business models are directly aimed at linking or locating content already made available by other services. Such business models may create value for end users by making it easier to locate and find content on the Internet, but at the same time, they may be deemed to appropriate value from the rightholders or their service providers. In some cases, this has led to tensions and even litigations between the providers of these new business models and the rightholders or their service providers. These tensions are reflections of the underlying policy concerns inherent in the field of copyright law on the necessity to strike a fair balance between the protection of creative content and measures to foster its dissemination. This article will discuss, analyse and draw conclusions from two recent cases from the Court of Justice of the European Union on Internet linking and meta search engines, Svensson and Others and Innoweb, and relate them to the underlying policy concerns in copyright law.
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