Information Law Series
|The Information Law Series is published by Kluwer Law International under the editorial
responsibility of the Institute for Information Law. Professor Hugenholtz
is editor-in-chief. The following volumes have already been
published in the series:
Trademark Protection and Freedom of Expression: An
Inquiry into the Conflict between Trademark Rights and
Freedom of Expression under European Law, 2011.
Copyright Enforcement and the Internet, 2010.
A. van Rooijen,
The Software Interface between Copyright and
Competition Law: A Legal Analysis of Interoperability in
Computer Programs, 2010.
M. van Eechoud,
S. van Gompel,
L. Guibault &
Harmonizing European Copyright Law: The Challenges of
Better Lawmaking, 2009.
||Paul L.C. Torremans, Intellectual Property and Human Rights, Enhanced Edition of Copyright and Human Rights,
The Hague [etc.]: Kluwer Law International 2008, 624 p.
||Irini Katsirea, Public Broadcasting and European Law. A Comparative Examination of Public Service Obligations in Six Member States,
The Hague [etc.]: Kluwer Law International 2008, 480 p.
Guibault & P.
Bernt Hugenholtz (eds.), The Future of the Public
Domain - Identifying the Commons in Information Law,
The Hague [etc.]: Kluwer Law International 2006, 377 p.
Read chapter 1:
Future of the Public Domain. An introduction.
Helberger, Controlling Access to Content -
Regulating Conditional Access in Digital Broadcasting, The
Hague [etc.]: Kluwer Law International 2005, 308 p.
||Paul L.C. Torremans
(ed.), Copyright and Human Rights. Freedom of
Expression - Intellectual Property - Privacy, The
Hague [etc.]: Kluwer Law International 2004, 181 p.
Martin Senftleben, Copyright, Limitations and the
Three-Step Test. An Analysis of the Three-Step Test in
International and EC Copyright Law, The Hague [etc.]:
Kluwer Law International 2004, 340 p.
Mireille van Eechoud,
Choice of Law in Copyright and Related Rights.
Alternatives to the Lex Protectionis, The Hague
[etc.]: Kluwer Law International 2003, 289 p.
||Niva Elkin-Koren & Neil
Weinstock Netanel (eds.), The Commodification of
Information, The Hague [etc.]: Kluwer Law
International 2002, 514 p.
||Lee A. Bygrave (ed.),
Data Protection Law: Approaching its Rationale, Logic and
Limits,The Hague [etc.]: Kluwer Law International
2002, 426 p.
Limitations and Contracts. An Analysis of the Contractual
Overridability of Limitations on Copyright,
London/The Hague/Boston: Kluwer Law International 2002,
Electronic Commerce, Kluwer Law International:
London/The Hague/Boston 2000, 307 p.
||Ysolde Gendreau, Axel
Nordemann & Rainer Oesch,
Copyright and Photographs. An International Survey,
London/The Hague/Boston: Kluwer Law International 1999,
Jan J.C. Kabel &
Gerard J.H.M. Mom
Intellectual Property and Information Law. Essays in
Honour of Herman Cohen Jehoram, The
Hague/London/Boston: Kluwer Law International 1998, 350 p.
||Pinckaers, Julius C.S.,
From Privacy Toward a New Intellectual Property Right in
Persona. The Right of Publicity (United States) and
Portrait Law (Netherlands) Balanced with Freedom of Speech
and Free Trade Principles, The
Hague/London/Boston: Kluwer Law International, 1996, 490
The Future of Copyright in a Digital Environment,
proceedings of the Royal Academy Colloquium, The
Hague/London/Boston: Kluwer Law International, 1996, 248
Challenges to the Creator Doctrine. Authorship, Copyright
Ownership and the Exploitation of Creative Works in The
Netherlands, Germany and The United States,
Deventer/Boston: Kluwer Law and Taxation Publishers, 1994,
||Korthals Altes W.F.,
Hugenholtz & Kabel
Information Law towards the 21st Century,
Deventer/Boston: Kluwer Law and Taxation Publishers, 1992,
J. & P. Bernt
Protecting Works of Fact. Copyright, Freedom of Expression
and Information Law, Deventer/Boston: Kluwer Law
and Taxation Publishers, 1991, 110 p.
Legal Aspects of Electronic
P. Bernt Hugenholtz
Information Law Series -
The spectacular success of
electronic commerce in recent years has seen an explosion in
the availability of information and entertainment products on
the Internet. This distribution of “content” is expected
to continue as one of the major sources of growth on the
Internet in the years ahead, raising concerns over the
protection of content owners’ rights. While the complex
copyright problems of the Internet have generated plenty of
literature and legislative initiatives, many important issues
still remain unresolved. Rights holders in the online
marketplace thus remain vulnerable to digital piracy and other
forms of unauthorised use.
Concerns over the
effectiveness of the copyright system in a digital environment
have inspired content providers to look for alternative
protection regimes or strategies. These alternatives, such as
the protection afforded by contract law and information
technology, comprise important elements of the Electronic
Copyright Management System (ECMS), a fully automated system
of secure distribution, rights management, monitoring and
payment of copyright-protected content currently being
developed. Perhaps the largest multidisciplinary study
conducted on ECMS to date is the
project, which was subsidised by the European Commission’s
Esprit Programme, and for which the Institute for Information
Law (IViR) of the University of
Amsterdam produced a series of legal studies .
This volume collects six
fully revised and updated studies relating to copyright and
electronic commerce which have resulted from the IViR's
research. As well as examining the legal issues crucial to the
development of electronic copyright management systems, the
contributions address issues with wider implications for the
law of copyright in general. Other aspects of information law
are also considered, such as defamation, data protection,
privacy and freedom of expression and information, as are
general questions of contract and tort law.