Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Research Identifier An unambiguous reference to the resource within a given context CleanUrl: research Description A description of the content of the resource or work Entries in this section of the Copyright Cortex include both peer-reviewed and non-peer-reviewed research, exploring the law of copyright and its effects on policy and practice in a variety of cultural heritage contexts. From managing the risks associated with making orphan works available online to claiming copyright in digital surrogates of public domain works, this section catalogues data, evidence, and commentary across a wide range of topics. If you have any recommendations for material that should feature in this section of the Copyright Cortex please do let us know. You can contact us at: <a href="mailto:info@copyrightcortex.org">info@copyrightcortex.org</a> Journal Article URL http://papers.ssrn.com/abstract=2145862 DOI http://dx.doi.org/10.2139/ssrn.2145862 ISSN 0018-9855 Institution Institute for Information Law, University of Amsterdam Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Myth of European Term Harmonisation: 27 Public Domains for the 27 Member States Subject The topic of the resource Amsterdam Law School Legal Studies Research Paper No. 2012-82, Institute for Information Law Research Paper No. 2012-48 Description A description of the content of the resource or work Based on the research that underpins the Out of Copyright Public Domain Calculator (<a href="http://outofcopyright.eu/">outofcopyright.eu</a>) this article highlights the considerable legal uncertainty that surrounds the apparent harmonisation of the copyright term throughout the EU. Creator An entity primarily responsible for making the resource Christina Angelopoulos Date A point or period of time associated with an event in the lifecycle of the resource 2012-09-13 Abstract A summary of the resource. The term of protection of copyright and related rights is generally considered to be one of the best harmonised areas of European copyright law. However, close examination of the EU Term Directive’s intricate provisions reveals a piecemeal and permissive approach to harmonisation which preserves many differences between the national rules. In this report, four main sources of legislative variability are identified and analysed: a) contagion from unharmonised areas of substantive copyright law; b) explicit exceptions to the harmonisation of the term of protection; c) national related rights of unharmonised term; and d) incorrect implementation of the provisions of the Term Directive into national law. As a result, the desired harmonising effect has not been fully achieved: although a single rule may be applicable across the EU in theory, drastically divergent terms of protection may attach to the same information product depending on the jurisdiction within which protection is sought. In this way, the territorial nature of copyright undercuts harmonisation efforts, forcing the public domain to contract and expand according to divergent national rules. The result is a legislative framework that makes cross-border rights clearance calculation difficult, hampering end-users and cultural heritage organisations from taking full avail of the new opportunities now technically available for the digitisation and exploitation of the public domain. If the EU wishes to establish a truly harmonised term of protection for copyright and related rights, a more committed and comprehensive approach will be a necessary. Publisher An entity responsible for making the resource available Social Science Research Network (SSRN) Source A related resource from which the described resource is derived International Review of Intellectual Property and Competition Law (2012) Vol. 43, No.5, pp. 567-594 Rights Information about rights held in and over the resource All Rights Reserved Identifier An unambiguous reference to the resource within a given context CleanUrl: the-myth-of-european-term-harmonisation-27-public-domains-for-the-27-member-states Copyright Cortex Fields Extra CC fields for copyright information Visual Date Date of creation or availability of the resource that is shown to users. To be formatted as follows: 2017 January 7 13 September 2012 Size Details about the size of the resource (can be Bytes, Pages or Duration, depending on item type.) 264 KB 20 pp. Copyright Information Information about the copyright status of the record. In Copyright Keywords A selection of keywords that pertain to the article attached. public domain exceptions and limitations copyright duration empirical research collective works computer-generated works copyright harmonisation joint authorship non-original photographs related rights