Balancing Copyright Law in the Digital Age Comparative Perspectives

This book focuses on the thorny and highly topical issue of balancing copyright in the digital age. The idea for it sprang from the often heated debates among intellectual property scholars on the possibilities and the limits of copyright. Copyright law h

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lancing Copyright Law in the Digital Age Comparative Perspectives

Balancing Copyright Law in the Digital Age

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Roberto Caso • Federica Giovanella Editors

Balancing Copyright Law in the Digital Age Comparative Perspectives

Editors Roberto Caso Federica Giovanella Facolta` di Giurisprudenza Universita` di Trento Trento Italy

ISBN 978-3-662-44647-8 ISBN 978-3-662-44648-5 (eBook) DOI 10.1007/978-3-662-44648-5 Springer Heidelberg New York Dordrecht London Library of Congress Control Number: 2014956189 © Springer-Verlag Berlin Heidelberg 2015 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. Exempted from this legal reservation are brief excerpts in connection with reviews or scholarly analysis or material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. Duplication of this publication or parts thereof is permitted only under the provisions of the Copyright Law of the Publisher’s location, in its current version, and permission for use must always be obtained from Springer. Permissions for use may be obtained through RightsLink at the Copyright Clearance Center. Violations are liable to prosecution under the respective Copyright Law. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. While the advice and information in this book are believed to be true and accurate at the date of publication, neither the authors nor the editors nor the publisher can accept any legal responsibility for any errors or omissions that may be made. The publisher makes no warranty, express or implied, with respect to the material contained herein. Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)

Preface

This book represents the product of intensive research by experts of intellectual property law, who employ rigorous interpretative methodologies while keeping an eye on comparative law and on the effects of new technologies on law. The idea for this book sprang from often heated debates among intellectual property scholars on the possibilities and the limits of copyright. The book draws on the research path started in a seminar held at the Faculty of Law of the University of Trento on December 6, 2013, titled “Copyright, technological evolution, and balance of rights”, a path that continued during the following months. The goal of the research, c