- Author(s): Gillian Davies, Gwilym Harbottle, Nicholas Caddick
- Publisher: Sweet & Maxwell
- Edition: 17 South Asian Ed 2019
- ISBN 13 9789386374714
- Approx. Pages 4134 + contents
- Format Hardbound
- Approx. Product Size 24 x 18 cms
- Delivery Time Normally 7-9 working days
- Shipping Charge Extra (see Shopping Cart)
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Description
In the five years since the 16th edition of this book was published, the full significance (if not the meaning) of the European legislation in this field has become much clearer. For this reason, this edition has a different focus from earlier editions. The starting point of most chapters is no longer the national law of copyright laid down in the 1988 Act, as amended, but the law of the EU as established in the legislation and interpreted by the case law of the CJEU in the light of any relevant international instruments. The superimposition of EU onto UK law has brought with it a range of difficult issues on which there is still no clear answer. Is it still the case that a work is only protected if it falls within the closed list in the 1988 Act? How far does the Infopaq test for originality "raise the bar"? To the extent that Infopaq has "raised the bar", what is the status of works which satisfied the old test but do not satisfy the new one? Is "reproduction in part" the same as reproduction of a "substantial part"? How should the concept of "communication to the public" be interpreted? What is the status of ss.51 and 52 of the 1988 Act in the light of Flos? We have discussed and sometimes suggested tentative answers to these questions but we cannot pretend that those answers are necessarily right.
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Contents
Volume One
Chapter 1 - Introduction
Part I - Copyright
Chapter 2 - Nature and History of Copyright
Chapter 3 - Requirements for Copyright Protection
Chapter 4 - Authorship of Copyright Works
Chapter 5 - The Chain of Title
Chapter 6 - Duration of Copyright
Chapter 7 - The Rights of a Copyright Owner: Primary Infringement
Chapter 8 - Secondary Infringement of Copyright
Chapter 9 - Permitted Acts
Chapter 10 - Crown Rights, Parliamentary Rights and the Rights of International Organisation
Part II - Moral Rights
Chapter 11 - Moral Rights
Part III - Rights in Performances
Chapter 12 - Rights in Performances
Part IV - Design Right and the Protection of Works of Industrial Application
Chapter 13 – Design Right, Unregistered Community Design and the Protection
of Works of Industrial Application
Part V – Miscellaneous Rights
Chapter 14 - Semiconductor Topographies
Chapter 15 - Circumvention of Protection Measures and Rights Management Information
Chapter 16 - Fraudulent Reception of Transmissions
Chapter 17 - Publication Right
Chapter 18 - Database Right
Chapter 19 - Public Lending Right
Chapter 20 - Artist's Resale Right
Part IV - Remedies
Chapter 21 - Civil Remedies
Chapter 22 - Criminal Remedies and Customs Seizure
Part VII - International Aspects
Chapter 23 - International Treaties
Chapter 24 - Community Law
Chapter 25 - The Protection of Copyright Works Abroad
Part VIII - Exploitation and Control of Rights
Chapter 26 - Exploitation of Rights in Particular Industries
Chapter 27 - Collecting Societies
Chapter 28 - Control of the Exercise of Copyrights and Related Rights
Chapter 29 - Taxation of Copyright
Volume Two
Part A - Copyright, designs and Patents Act 1988 and Related Materials
Part B - Related Legislation and Materials
Part C - Order in Council
Part D - Table of Parliamentary Debates
Part E - Repealed Statutes
Part F - Copyright Conventions and Agreements
Part G - Treaty of Rome
Part H - EC Directives
Part I - EC Council Decision
Part J - Precedents and Court Forms
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Author Details
Gillian Davies, D.L., Ph.D., of Lincoln's Inn, Barrister Honorary Professor, University of Wales, Aberystwyth, Chairman of a Technical Board of Appeal and Member of the Enlarged Board, European Patent Office
Nicholas Caddick, M.A., B.C.L., One of Her majestey's Counsel
Gwilym Harbottle, B.A. (Oxon) of Lincoln's Inn, Barrister
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