حق نشر دیجیتال: قانون و عمل، ویرایش پنجم

The first edition of this book in 2002 was the first UK text to examine digital copyright together with related areas such as performers' rights, moral rights, database rights and competition law as a subject in its own right. Now in its fifth edition, the book has been substantially updated and revised to take account of legal and policy developments in copyright law and related areas, the new UK copyright exceptions, recent CJEU cases, the regulation of Collective Management Organisations, orphan works, and developments in EU copyright legislation and the EU's Digital Single Market Strategy. It also contains new sections on big data and data mining, the impact of artificial intelligence and blockchain on copyright, and the future for UK copyright after Brexit. The book helps put digital copyright law and policy into perspective and provides practical guidance for those creating or exploiting digital content or technology, whether in academia, the software, information, publishing and creative industries, or other areas of the economy. The focus of __Digital Copyright__ is on the specifics of the law in this area together with practical aspects. Both academics and practitioners will find the book an invaluable guide to this ever-expanding field of law. Review of Previous Edition: __'Overall, Digital Copyright is well worth the relatively modest price for a book that will be stimulating for anyone who has to think about copyright in the digital realm.'__ Francis Davey, __Journal of Intellectual Property Law and Practice__ Preface to the Fifth Edition 6 Acknowledgements (Fifth Edition) 8 Acknowledgements (Fourth Edition) 8 Acknowledgements (Third Edition) 8 Acknowledgements (Second Edition) 9 Acknowledgements (First Edition) 9 Table of Contents 10 Glossary 18 Table of Cases 34 Table of Legislation 44 1. Why Digital Copyright Matters 58 1.1. Overview of this Book 58 1.2. Copyright: Its Scope and Rationale 59 1.3. The International Aspect of Copyright 65 1.4. The Digital Challenge to Copyright 68 1.5. Internet Technology and Copyright 69 1.6. International Legislation 73 1.7. The Future 77 2. Digital Copyright: The Basics 82 2.1. Introduction 82 2.2. What Digital Copyright Protects 85 2.3. How Digital Copyright can be Infringed 102 2.4. Exceptions and Defences to Digital Copyright Infringement 107 2.5. Who Owns the Digital Copyright? 116 2.6. The Implementation of the Electronic Commerce and Information Society Directives into UK Law 119 2.7. The Modernisation of Eu Copyright Law in Light of the Digital Single Market 127 3. Digital Database Law and the Internet 137 3.1. The Relationship Between Copyright and Database Right 137 3.2. Digital Copyright Protection for Databases 139 3.3. Database Right Protection 140 3.4. Some Practical Suggestions 151 4. Digital Moral Rights: The Basics 154 4.1. What are Digital Moral Rights? 154 4.2. How are Digital Moral Rights Infringed? 157 4.3. Dealing with Moral Rights in Practice 164 5. Digital Rights and Competition Law 166 5.1. Overview: Competition Law and Digital Copyright 166 5.2. UK Competition Law 167 5.3. EU Law 171 5.4. Penalties for Breaching Competition Law 172 5.5. Implications for Digital Copyright Businesses 172 5.6. Concluding Comments 190 6. Software Copyright 192 6.1. Code and Copyright: The Basics 192 6.2. The Software Directive 194 6.3. What Does Software Copyright Protect? 197 6.4. The Challenge of the Free and Open Source Software (Foss) Movement to Software Copyright 215 7. Digital Copyright and E-Commerce 218 7.1. Content Re-Use 219 7.2. Licensing and Linking 223 7.3. Digital Image Protection 235 7.4. Lawful Use of Search Engines 238 7.5. Napster to the Pirate Bay: Online Copyright Infringement 242 7.6. Service Provider Liability, Platforms and the 'Value Gap' 250 7.7. Standards and Web Content 253 7.8. Streaming Media and Digital Copyright 254 7.9. Technical Protection Measures and Fair Use: The End of Copyright? 258 7.10. The Digital Single Market 270 8. Digital Copyright: From Web 2.0 to Blockchain 272 8.1. Web 2.0 and Copyright 272 8.2. Fair Dealing and Web 2.0 277 8.3. Liability for Hosting and/or Distributing Infringing Content 281 8.4. E-Publishing 285 8.5. App Development and Licensing 290 8.6. Big Data 291 8.7. Artificial Intelligence, Virtual Reality and Copyright 294 8.8. Blockchain and Copyright 297 9. Protecting and Managing Your Digital Copyright Assets 300 9.1. General 300 9.2. Issues for Specific Industries 302 9.3. The Role of Collecting Societies/Collective Management Organisations in the Digital Environment 312 9.4. Orphan Works, Extended Collective Licensing and Digital Copyright Exchanges/Hubs 316 9.5. Precedent Checklists and Precedents 320 9.6. Consumers and Copyright Agreements 343 Index 346 Now in its 4th edition, this text has been updated and revised to take account of legal and policy developments in copyright law and related areas, in particular the increasing role of the European Court of Justice in shaping EU copyright law.