The Competence of the European Union in Copyright Lawmaking A Normat

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 benchmar

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The Competence of the European Union in Copyright Lawmaking A Normative Perspective of EU Powers for Copyright Harmonization

The Competence of the European Union in Copyright Lawmaking

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Ana Ramalho

The Competence of the European Union in Copyright Lawmaking A Normative Perspective of EU Powers for Copyright Harmonization

Ana Ramalho Department of International and European Law Maastricht University Maastricht The Netherlands

ISBN 978-3-319-28205-3 ISBN 978-3-319-28206-0 DOI 10.1007/978-3-319-28206-0

(eBook)

Library of Congress Control Number: 2016931584 © Springer International Publishing Switzerland 2016 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. 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. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. Printed on acid-free paper This Springer imprint is published by Springer Nature The registered company is Springer International Publishing AG Switzerland

Acknowledgements

This book is based on my PhD thesis, the final version of which benefited from the support and helpful comments of numerous colleagues and friends. I wish to thank first and foremost my PhD supervisors Bernt Hugenholtz and Deirdre Curtin, who invested so much of their time and patience in my research. Special thanks and gratitude go to Lucie Guibault, my daily advisor, whose availability and support were beyond words and who was a true friend in times of need. I would also like to thank all my colleagues at the Institute for Information Law and the Amsterdam Centre for European Law and Governance, namely, Angela Moisl, Anja Dobbelsteen, Egbert Dommering, Gerard Mom, Jan Kabel, Joana Mendes, Mireille van Eechoud, Natali Helberger, Nico van Eijk, Ronald van Ooik, Rosanne van der Waal, Stef van Gompel and Tarlach McGonagle. A special word of appreciation goes to Annabel Brody, for proofreading the entire document, and to Bala´zs Bodo and Joost Poort, for providing me with very helpful insights regarding social sciences’ methodologies. My acknowledgements extend to my colleagues at Maastricht University, in particular Ansel