Axhamn, Johan --- "Contemporary challenges to the territoriality of copyright – some reflections on the Marrakesh Treaty and the EU’s Orphan Works Directive" [2018] ELECD 1145; in Pistorius, Tana (ed), "Intellectual Property Perspectives on the Regulation of New Technologies" (Edward Elgar Publishing, 2018) 153

Book Title: Intellectual Property Perspectives on the Regulation of New Technologies

Editor(s): Pistorius, Tana

Publisher: Edward Elgar Publishing

ISBN: 9781786436375

Section: Chapter 6

Section Title: Contemporary challenges to the territoriality of copyright – some reflections on the Marrakesh Treaty and the EU’s Orphan Works Directive

Author(s): Axhamn, Johan

Number of pages: 26

Abstract/Description:

Copyright law has always been developed in close connection with technological evolution. However, recent technological developments have also brought about a new kind of pressure on the copyright system. For example, norms on cross-border exchange (‘exportation’) and importation of works have been included in the recently finalised Marrakesh Treaty to facilitate access to published works by visually impaired persons and persons with print disabilities. Similarly, the recent European Union Directive on certain permitted uses of orphan works includes a provision on ‘mutual recognition’ – thereby providing a solution to cross-border use of, and access to, such works. The chapter discusses these recent developments and questions whether they are simply traditional means to achieve a balance in the copyright system due to technological developments, or if they are of a more fundamental nature as they take aim at the territorial nature of copyright as such.