"This article analyses the legislative framework for orphan works as resulting from the Enterprise and Regulatory Reform Act 2013. Although the actual shape of UK orphan works legislation has yet to be fully defined, this contribution questions whether in principle its orphan works provisions are compatible with the Copyright, Designs and Patents Act 1988, Directive 2001/29, the Charter of Fundamental Rights of the European Union and the Orphan Works Directive. It holds the view that there must be serious doubts about the legitimacy of the Enterprise and Regulatory Reform Act's orphan works provisions under UK and EU laws".
In 1709 (or was it 1710?) the Statute of Anne created the first purpose-built copyright law. This blog, founded just 300 short and unextended years later, is dedicated to all things copyright, warts and all.
Showing posts with label UK and EU compatibility. Show all posts
Showing posts with label UK and EU compatibility. Show all posts
Sunday, 17 November 2013
Orphans and legitimacy: a new article
Our dear friend and colleague Eleonora is of course far too modest to let you know, but she has just had a major article published in the European Intellectual Property Review (the EIPR, published monthly by Sweet & Maxwell). The piece, "The Orphan Works Provisions of the ERR Act: Are They Compatible With UK and EU Laws?", [2013] 12 EIPR 724-740, is neatly summarised by its abstract as follows:
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