Aspects on the Harmonization of Copyright and Related Rights in the Information Society in the European Union Legislation
The influence of technological development has led to the multiplication and diversification of the creativity, production and exploitation vectors of copyright and related rights legislation, which must be adapted with economic realities and new forms of exploitation. Legislation in this area is comprehensive, addressing different aspects of copyright and related rights protection, across different regulatory levels: international, European and national. Legislative harmonization of copyright and related rights must be based on a high level of protection, should take into account all regulatory levels, for maintaining and developing creativity in the interests of authors, producers, consumers, and culture. However, legislative differences as well as legal uncertainty have become increasingly prominent with the evolution of the information society, which has already led to the intensification of the cross-border exploitation of intellectual property. This paper aims to: - examine the state of play of current legislation at EU level in the light of the interest of harmonious administration of justice, the elimination of protection differences and possible restrictions on the free movement of services and products incorporating or based on intellectual property, - to highlight, where appropriate, situations of legislative inconsistency. The research will take into account the binding EU legislation, the cases brought before the Court of Justice of the European Union and the new recommendations in the field.
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