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

1st ed. 2016

Book Details

Format Hardback or Cased Book
ISBN-10 3319282050
ISBN-13 9783319282053
Edition 1st ed. 2016
Publisher Springer International Publishing AG
Imprint Springer International Publishing AG
Country of Manufacture CH
Country of Publication GB
Publication Date Mar 15th, 2016
Print length 249 Pages
Weight 566 grams
Dimensions 16.60 x 24.20 x 2.20 cms
Product Classification: EuropeEU (European Union)Copyright law
Ksh 16,200.00
Werezi Extended Catalogue 0 in stock

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This book inquires into the competence ofthe EU to legislate in the field of copyright, and uses content analysistechniques to demonstrate the existence of a normative gap in copyrightlawmaking.
This book inquires into the competence ofthe EU to legislate in the field of copyright, and uses content analysistechniques to demonstrate the existence of a normative gap in copyrightlawmaking. To address that gap, it proposes the creation of benchmarks oflegislative activity, reasoning that EU secondary legislation, such as directivesand regulations, should be based on higher sources of law. It investigates twosuch possible sources: the activity of the EU Court of Justice in thepre-legislative era and the EU treaties. From these sources, the authorestablishes concrete benchmarks of legislative activity, which she then testsby applying them to current EU copyright legislation. This provides examples ofgood and bad practices in copyright lawmaking and also shows how the benchmarkscould be implemented in copyright legislation. Finally, the author offers somerecommendations in this regard.

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