Intellectual Property
Copyright / Neighbouring Rights / Database Protection
M.M.M. van Eechoud, Friends or Foes? Creative Commons, Freedom of Information Law and the European Union Framework for Reuse of Public Sector Information in: L. Guibault and C. J. Angelopoulos (ed.), Open Content Licensing From Theory to Practice, Amsterdam: Amsterdam University Press, 2011, p. 169-202.

Freedom of information law is, first and foremost, an instrument that helps to effectuate democratic control of public administration, by giving citizens rights to access government held information.
But access rights are also associated with broader benefits. Government data has economic value beyond the public sector, as it can be used for private sector provision of information services and products. Enhancing commercial exploitation of public sector information has, in recent years, become part of national and European economic policy.
Access for both democratic and economic purposes has implications for how intellectual property rights in government information are exercised. This chapter explores the role of copyright policy in light of the objectives and principles behind freedom of information law and the regulatory framework for the reuse of public sector information. More specifically, it queries whether open content licenses, such as Creative Commons (CC), are indeed as attractive an instrument for the management of intellectual property in government information as they appear to be.


S. van Gompel & P.B. Hugenholtz, The Orphan Works Problem: The Copyright Conundrum of Digitizing Large-Scale Audiovisual Archives, and How to Solve it, Popular Communication - The International Journal of Media and Culture, 2010-1, p. 61-71.

This article examines the problem of 'orphan works' against the background of various projects for mass-digitization of audiovisual content. Orphan works are works for which the copyright owners cannot be identified or located. The fact that a particular work is 'orphaned' makes it impossible to clear the rights and to legally reutilize the work. This article describes and evaluates six different possible regulatory solutions to the orphan works problem, including extended collective licensing and compulsory licensing. The article concludes that if one wants to make the vast European audiovisual cultural heritage available for future usage, regulatory intervention is indispensable.


M.M.M. van Eechoud, P.B. Hugenholtz, S. van Gompel, L. Guibault en N. Helberger Harmonizing European Copyright Law: The Challenges of Better Lawmaking, Information Law Series 19, Alphen aan den Rijn: Kluwer Law International 2009.

Nobody likes today’s copyright law. Widespread unauthorized use of copyright material proliferates with impunity, while citizens and users protest that intrusive copyright and related rights law stifle cultural expression. Equipment manufacturers and intermediaries complain about yet more ’security’ features that complicate their products and services and encumber marketing, while content owners desperately want enforcement to work. And of course it is crucial that whatever regulatory instruments come into play must not age prematurely in Internet time.
The European Union faces the daunting challenge of articulating coherent copyright policies that satisfy these contradictory multiple demands. Yet the legal framework must conform to the European Union’s remit of fostering economic growth in a common market, while respecting the national traditions of its still growing family of Member States. Clearly, an extraordinary balancing act is called for if justice is to be done to all of the private and public interests affected.
So how has the European acquis communautaire scored on these issues so far? In this groundbreaking study the Institute for Information Law of the University of Amsterdam brings its extensive academic expertise to bear on this question. The authors scrutinize the present law as laid down in the seven copyright and related rights directives, against the background of the relevant international standards of the Berne Convention, the TRIPs agreement, and the WIPO Internet Treaties. They map out in detail the degree to which certain areas of copyright have been harmonized as they expose the gaps and inconsistencies in the acquis and the urgent unresolved issues that persist. They identify the EU’s ambitions in relation to its present and future competences (following the Lisbon Reform) to regulate copyright, and to its Better Regulation agenda. Following a comprehensive analysis of almost two decades of regulatory intervention, they move on to the salient current trends that point toward a more coherent and balanced European copyright law.


L. Guibault, Creative Commons: Struggling to ‘Keep it Simple’, in E. Schweighofer & P. Sint (Ed.), Conference Proceedings KnowRight 08, Wenen: Österreichische Computer Gesellschaft 2008, p. 75-83.


A. Huygen, N.A.N.M. van Eijk, N. Helberger et al., Ups and downs. Economic and cultural effects of file sharing on music, film and games (authorised translation), a study by TNO Information and Communication Technology, SEO Economic Research and the Institute for Information Law, commissioned by the Dutch Ministries of Education, Culture and Science, Economic Affairs and Justice, February 2009.


L. Guibault, Accommodating the Needs of iConsumers: Making Sure They Get Their Money’s Worth of Digital Entertainment, Journal of Consumer Policy, Volume 31, Issue 4 (2008), p. 409.


P.B. Hugenholtz, Copyright Codes of Conduct: Pragmatism v. Principle, Editorial published in IIC International Review of Intellectual property and Competition Law, Vol. 39 (2008), No. 6, p. 635-637.


N. Helberger, N. Dufft, S.J. van Gompel & P.B. Hugenholtz Never Forever: Why Extending the Term of Protection for Sound Recordings is a Bad Idea, E.I.P.R., 2008-5, p. 174-181.

This article critically examines the arguments put forward in favour of a term extension of related rights of phonogram producers. The authors conclude that there are no convincing reasons to extend the existing term of protection. The article also explains why the popular argument that a term extension would improve the situation of performers is probably a fallacy.


S.J. van Gompel, Unlocking the Potential of Pre-Existing Content: How to Address the Issue of Orphan Works in Europe?, IIC International Review of Intellectual property and Competition Law, Vol. 38 (2007), No. 6, p. 669-702.


P.B. Hugenholtz & R.L. Okediji Conceiving an International Instrument on Limitations and Exceptions to Copyright, Study supported by the Open Society Institute (OSI), 6 March 2008.

The task of developing a global approach to limitations and exceptions is one of the major challenges facing the international copyright system today. This paper examines policy options and modalities for framing an international instrument on limitations and exceptions to copyright within the treaty obligations of the current international copyright system. We consider this international copyright acquis as our general starting point, and evaluate options for the design of such an instrument, including questions of political sustainability and institutional home.


N. Helberger & P.B. Hugenholtz, No Place Like Home for Making a Copy: Private Copying in European Copyright Law and Consumer Law, Berkeley Technology Law Journal, 2007-3, p. 1061-1098.

This article examines the intersection between copyright law and consumer law relating to private copying in Europe. In doing so, we will query the effectiveness of copyright law and consumer law as legal instruments to protect consumers in their dealings with information suppliers. Our goal is to demonstrate that while copyright law in Europe does offer a measure of comfort to consumers, the legal instruments of European consumer law are potentially more effective in achieving the freedom to make private copies that European consumers generally expect.


M.M.M. van Eechoud & B. van der Wal Creative commons licensing for public sector information: Opportunities and pitfalls, Institute for Information Law, 2007.

The Creative Commons model seems an attractice instrument for public sector bodies that seek to enhance transparent access to their information, be it for purposes of democratic accountability or re-use for economic or other uses. This study examined that hypothesis and highlights the major opportunities and pitfalls of the Creative Commons model for public sector information. It assesses where there is a match between the creative commons model and the principles of freedom of information law and the Public Sector Information Directive (EC Directive 2003/98 on the re-use of public sector information) as implemented in the new chapter V-A of the Dutch Freedom of Information Act (Wet Openbaarheid van Bestuur). The assessment was made not only at the more principled, abstract level, but also at the level of the individual licensing terms. It is preceded by an analysis of government information as subject of intellectual property rights, under the Dutch Copyright Act and the Database Act.


S.J. van Gompel, Audiovisual Archives and the Inability to Clear Rights in Orphan Works, IRIS plus (Supplement to IRIS - Legal Observations of the European Audiovisual Observatory), 2007-4.

This article deals with the question of 'orphan works', i.e., works, whose right owners cannot be identified or located. The fact that a particular work is orphaned makes it impossible to clear the rights and to legally reutilise the work. To unlock the potential of the many pre-existing works stored in audiovisual archives, it is elementary that legal solutions will be provided to adequately address this problem. This article examines and evaluates a number of solutions that could possibly be introduced at the European or national level.


CLIP Comments on the European Commission's Proposal for a Regulation on the Law Applicable to Contractual Obligations ("Rome I") of December 15, 2005 and the European Parliament Committee on Legal Affairs' Draft Report on the Proposal of August 22, 2006.

The European Max-Planck Group for Conflict of Laws in Intellectual Property (CLIP) analyses in these comments the effects on intellectual property contracts of the proposed Rome I regulation on the law applicable to contractual obligations. CLIP argues that the European legislator should not introduce a rule on the law applicable tot contracts relating to intellectual property rights in Art. 4 of the future Rome I-Regulation, or introduce at least a more flexible one.


CLIP Suggestions for amendment of the Brussels I regulation with respect to Exclusive jurisdiction and cross border intellectual property (patent) infringement.

In consequence of ECJ judgments C-4/03 - GAT v. LuK and C-539/03 - Roche Nederland v. Primus, handed down on 13 July 2005, it appears no longer feasible for a national court to allow for consolidation of claims against a person infringing parallel intellectual property rights registered in different Member States, and/or to accept a joinder of claims against multiple defendants engaged in concerted actions. It is feared that this will entail considerable impediments for an efficient enforcement of intellectual property rights, in particular of patents. In these comments, the European Max-Planck Group for Conflict of Laws in Intellectual Property (CLIP) suggests the adverse affects of the ECJ's rulings should be cured. This can be done by revising the drafting of article 22(4) and article 6 of the Brussels Regulation on Jurisdiction and Enforcement of Foreign Judgments in Civil and Commercial Matters (44/2001).


L. Guibault, G. Westkamp, T. Rieber-Mohn, P.B. Hugenholtz, et al. Study on the Implementation and Effect in Member States' Laws of Directive 2001/29/EC on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society, report to the European Commission, DG Internal Market, February 2007.


P.B. Hugenholtz, M.M.M. van Eechoud, S.J. van Gompel et al., The Recasting of Copyright & Related Rights for the Knowledge Economy, report to the European Commission, DG Internal Market, November 2006, 308 p.
See also the executive summary.

Study carried out by the Institute for Information Law for the European Commission (DG Internal Market). Chapters 1 and 2 describe and examine the existing 'acquis communautaire' in the field of copyright and related (neighbouring) rights, with special focus on inconsistencies and unclarities. Chapters 3-6 deal with distinct issues that were identified a priori by the European Commission as meriting special attention: possible extension of the term of protection of phonograms (Chapter 3), possible alignment of the term of protection of co-written musical works (Chapter 4), the problems connected to multiple copyright ownership, including the issue of 'orphan works' (Chapter 5), and copyright awareness among consumers (Chapter 6). Chapter 7 provides an overall assessment of the benefits and drawbacks of the fifteen years of harmonisation of copyright and related rights in the EU and dwells on regulatory alternatives.


N. Helberger, Christophe R. vs Warner Music: French court bans private-copying hostile DRM, INDICARE Monitor, 24 February 2006.

France is one of the European countries where a particularly vivid public discussion about DRM and the private copying exception took place. This is thanks to the efforts of French consumer organisations taht initiated a number of court cases dealing with complaints of consumers about CDs and DVDs that could, among others, not be copied and ripped because of technical protection measures in place. This article discusses that latest DRM decision in France, a decision that went one step further than its predecessors when dealing with the difficult question of the relationship between DRM and private copying. 


N. Helberger, Vive la Balance! Pleading for a French revolution of copyright, INDICARE Monitor, 24 February 2006.

This article reports about the French implementation of the famed Article 6 (4) of the European Copyright Directive, the article that orders member states to guarantee that consumers can benefit from exceptions despite the application of technological protection measures. Considering the fact that France is the origin of a series of groundbreaking decisions in favour of a balance between DRM use and consumer interests, figuring prominently among them the private copyying exception, and all the public discussion those cases triggered, we have all reason to be curious about what the French legislator will come up with.


N. Helberger, The Sony BMG rootkit scandal, INDICARE Monitor, 27 January 2006.

The article will have a closer look at the charges of the EFF and a Californian lawyer against Sony BMG's latest DRM strategy. The Sony BMG case adds a number of new dimensions to the DRM and Consumer debate. The article will highlight some aspects, also against the background of similar recent case law in Europe.


P.B. Hugenholtz, ‘The Implementation of Directive 2001/29/EC in The Netherlands’, Revue Internationale du Droit d'Auteur (RIDA), 2005-206, p. 117-147.

Overview of the transposition of the European Copyright (InfoSoc) Directive into Dutch law. To say that the Dutch legislature has enthusiastically embraced the Directive would be overstating it. In respect of the economic rights harmonized by the Directive, the Dutch lawmaker has acted conservatively, and transposed the norm of the Directive only insofar as amendment of existing national provisions was deemed inevitable. The legislature has been more forthcoming in the area of exceptions. Six new limitations, all rubberstamped by the Directive, have been introduced, while the scope of several others has been expanded.


P.B. Hugenholtz, ‘Copyright without Frontiers: is there a Future for the Satellite and Cable Directive?’ in: Die Zukunft der Fernsehrichtlinie / The Future of the 'Television without Frontiers' Directive, Proceedings of the conference organised by the Institute of European Media Law (EMR) in cooperation with the European Academy of Law Trier (ERA), Schriftenreihe des Instituts für Europäisches Medienrecht (EMR), Band 29, Baden-Baden: Nomos Verlag 2005, p. 65-73.

Critical evaluation of the European Satellite and Cable Directive, guided by the European Commission's review report. What has been the impact of the Directive on the European market for satellite and cable television services? What will the future bring for the Directive in a world where wired and wireless broadband media are rapidly converging?


N. Helberger, Digital Rights Management from a Consumer's perspective, IRIS plus, 2005-8, p. 1-8.

The purpose of this article is to consider the impact of DRM on people's use of digital content and on its availability and accessibility for consumers. It describes the area of conflict between the economic interest of the media industry to use DRM to protect rights to and marketing of digital content, and consumers' desire to use digital content in accordance with their own rights and legitimate interests without suffering any unfavourable consequences as they do so. The article explains why the current approach, where DRM is considered to be exclusively a copyright issue, is too narrow. It lists a series of equally important individual or informational interests which must be respected, linking DRM to the protection of consumers and access to digital content. The article makes some suggestions how this theme might be usefully dealt with in the future.

Published 23.11.2005

N. Helberger, ‘Not so silly after all - new hope for private copying’, INDICARE Monitor, 26 August 2005.

The decision of the French court in Paris in the so-called Mulholland case has left a sour after-taste since. Could it be true that the privat copying exception, a long standing tradition in many national copyright laws, was in fact not much more than a toothless paper tiger? When we reported about this case we expressed our disbelief that this should have been the end of the private copying exception. And indeed, as the Court of Appeals has recently decided, the tiger may be made of paper, but it still has its teeth.

Published 13.10.2005

L. Guibault and N. Helberger, Copyright Law and Consumer Protection, European Consumer Law Group, February 2005.
Policy conclusions of the European Consumer Law Group (ECLG) based on a study carried out by L. Guibault and N. Helberger.

The purpose of this study is to provide an overview of certain key aspects of the relationship between copyright law and consumer protection. More particularly, the paper concentrates on what would appear today as the most problematic issue, from the perspective of the consumer, understood in the narrow sense of the word, namely the implementation of technological protection measures (TPM) and digital rights management (DRM) systems and its implication for the exercise of the private use exemption.

Published 20.05.2005

M.M.M. van Eechoud, Alternatives to the Lex Protectionis as the Choice-of-Law Rule for Initial Ownership of Copyright’, in: J. Drexl & A. Kur (eds.), Intellectual Property and Private International Law, IIC Studies, vol. 24, Oxford: Hart Publishing 2005, p. 289-307.

Conventional wisdom in international copyright doctrine has it that the law of the country for whose territory protection is claimed governs copyright issues - whether it concerns existence, scope, duration, ownership, transfer or infringement. The Berne Convention of 1886 and other international copyright treaties do not lay down the lex protectionis as conflict rule, contrary to what is often assumed. This paper addresses the drawbacks of the lex protectionis for the initial ownership issue. It assesses alternative conflict rules that can increase legal certainty, while giving due respect to the diversity in national allocation regimes. There is a case to be made for the development of creator-oriented conflict rules for initial ownership issues, particularly if they also serve legal certainty by identifying a single governing law. Such rules may be construed using the main allocation principles of modern European private international law theory.

Published 04.05.2005

P.B. Hugenholtz & M.J. Davison, Football fixtures, horseraces and spinoffs: the ECJ domesticates the database right’, EIPR, 2005-3.

Published 23.03.2005

N. Helberger, with N. Dufft, S. van Gompel, K. Kerényi, B. Krings, R. Lambers, C. Orwat and U. Riehm Digital Rights Management and Consumer Acceptability: A Multi-Disciplinary Discussion of Consumer Concerns and ExpectationsState-of-the-Art Report, INDICARE, December 2004.

Published 14.12.2004

L. Guibault & R. Melzer, 'The Legal Protection of Broadcast Signals', IRIS plus, 2004-10.

Published 24.11.2004

L. Guibault, Vous qui téléchargez des oeuvres de l'Internet, pourrait-on savoir qui vous êtes?’, Revue du Droit des Technologies de l'Information, 2004-18, p. 9-31.

Published 03.11.2004

L. Guibault, A quand l'octroi de licences transfrontières pour l'utilisation de droits d'auteur et de droits voisins en Europe?’, Les Cahiers de Propriété Intellectuelle, vol. 17, 2004-1.

Published 03.11.2004

N. Helberger, ‘It's not a right, silly! The private copying exception in practice’, INDICARE Monitor, 7 October 2004.

Published 22.10.2004

P.B. Hugenholtz & L. Guibault, Copyright contract law: towards a statutory regulation? Study conducted on commission for the department of Scientific Research and Documentation Centre (WODC) of the Dutch Ministry of Justice, August 2004 (Text in the Dutch language).

For an English translation of the Summary, please click here

Published 06.08.2004

L.M.C.R. Guibault, The nature and scope of limitations and exceptions to copyright and neighbouring rights with regard to general interest missions for the transmission of knowledge: prospects for their adaptation to the digital environment’, Lucie Guibault report prepared for the UNESCO, June 2003, to be published in the Copyright Bulletin.

Published 28.11.2003

P.B. Hugenholtz, 'Program Schedules, Event Data and Telephone Subscriber Listings under the Database Directive. The 'Spin-Off' Doctrine in the Netherlands and elsewhere in Europe', paper presented at Eleventh Annual Conference on International IP Law & Policy, Fordham University School of Law, New York, 14-25 April 2003.

Seven years after the adoption of the EC Database Directive, the contours of the new database right remain difficult to draw, and shrouded in controversy. One of many crucial questions soon to be addressed by the European Court of Justice concerns the 'substantial investment' test. The Directive requires that such investment be made in the 'obtaining, verification or presentation of the contents' of the database. Does this mean that the investment must be aimed at producing a database, or can data compilations that are generated as mere 'spin-offs' of other activities, such as program schedules and event data listings, also benefit from sui generis protection?.

Published 16.06.2003

P.B. Hugenholtz, L.M.C.R. Guibault & S.M. van Geffen, The Future of Levies in a Digital Environment’, March 2003.

Published 24.03.2003

L.M.C.R. Guibault, ‘Le tir manqué de la Directive européenne sur le droit d'auteur dans la société de l'information’, Cahiers de propriété intellectuelle, 2002-3, p. 537-573.

Published 08.10.2002

L.M.C.R. Guibault & P.B. Hugenholtz (assisted by M.A.R. Vermunt & M. Berghuis), ‘Study on the conditions applicable to contracts relating to intellectual property in the European Union’, final report, study commissioned by the EC (May 2002).

Published 27.06.2002

Stephen M. Maurer, P. Bernt Hugenholtz & Harlan J. Onsrud, Europe’s Database Experiment’, Science, vol. 294 (26 October 2001), p. 789-790.

Published 27.10.2001

Study on the use of conditional access systems for reasons other than the protection of remuneration, to examine the legal and the economic implications within the Internal Market and the need of introducing specific legal protection, Report presented to the European Commission by N. Helberger & N.A.N.M. van Eijk.

The study offers an analysis of the use of conditional access systems for other reasons than the protection of remuneration interests. The report also examines the need to provide for additional legal protection by means of a Community initiative, such as a possible extension of the Conditional Access Directive. The report will give a legal and economic analysis of the most important non-remuneration reasons to use conditional access (CA), examine whether services based on conditional access for these reasons are endangered by piracy activities, to what extent existing legislation in the Member States provides for sufficient protection, and what the possible impact of the use of conditional access is on the Internal Market. Furthermore, the study analysis the specific legislation outside the European Union, notably in Australia, Canada, Japan and the US, as well as the relevant international rules at the level of the EC, WIPO and the Council of Europe.

Published 06.08.2001

Kamiel J. Koelman, 'The protection of technological measures vs. the copyright limitations', paper presented at the ALAI Congress Adjuncts and Alternatives for Copyright, New York, 15 June 2001.

Published 16.07.2001

P. Bernt Hugenholtz, 'The New Database Right: Early Case Law from Europe', paper presented at Ninth Annual Conference on International IP Law & Policy, Fordham University School of Law, New York, 19-20 April 2001.

More than five years have passed since the European Database Directive was adopted on 11 March 1996. Implementation of the Directive into national law was completed in the 1997-2000 period. Since implementation at least 25 court decisions dealing with the new database right have been reported, mostly from courts in Germany, the Netherlands and France.

Published 01.05.2001

Natali Helberger, Report for the Council of Europe on the Neighbouring Rights Protection of Broadcasting Organisations: Current Problems and Possible Lines of Action.

This report analyzes the extent to which the Rome Convention (1961) and relevant instruments of the Council of Europe in the intellectual property field provide for sufficient protection of broadcasters in Europe. The background to the report is the changing technological environment over the last 40 years, particularly as regards the convergence of telecommunications, media and information technologies, piracy and the development of new services such as digital broadcasting services. The situation will be compared to current legal developments at EC and WIPO level.  The aim of the report was to examine eventual gaps in protection where existing regulations are applied in modern times and to investigate further activities which could be undertaken within the framework of the Council of Europe to ensure the satisfactory protection of the rights of broadcasting organizations. The study was commissioned by the Council of Europe. The views expressed in the report are not those of the Organization.

Published 29.11.2000

P. Bernt Hugenholtz, Chronicle of The Netherlands, Dutch copyright law, 1995-2000’, RIDA 187, January 2001, p. 111-175.

Published 24.11.2000

P. Bernt Hugenholtz, Copyright and Freedom of Expression in Europe’, Rochelle Cooper Dreyfuss, Diane Leenheer Zimmerman & Harry First (eds.), Expanding the Boundaries of Intellectual Property. Innovation Policy for the Knowledge Society, Oxford: Oxford University Press (2001).

Can the rising tide of copyright and related rights be stopped? Recent court decisions from Europe seem to suggest that freedom of expression and information, as guaranteed inter alia by the European Convention on Human Rights (ECHR), may limit overbroad protection. This article contains a description of the constitutional framework of copyright in Europe, an introduction to Article 10 ECHR, an overview of copyright v. free speech case law in Europe (focus on Germany, Netherlands and France), an analysis of relevant ECHR case law, and conclusions.

Published 05.04.2000

P.Bernt Hugenholtz, Opinion, ‘Why the Copyright Directive is Unimportant, and Possibly Invalid’, EIPR 2000-11, p. 499-505.

Published 11.10.2000

K.J. Koelman, ‘A Hard Nut to Crack: The Protection of Technological Measures’ (Draft), the final version has been published in European Intellectual Property Review 2000-6, p. 272-288.

It is expected that in the digital era, information will be distributed in technologically protected formats, which will make it harder, or impossible, to infringe copyrights. Recently drafted and enacted legislation intends to protect technological measures which protect copyrighted works. This article investigates the ways in which the legal protection of these technological measures may affect the copyright owners’ and users’ relative positions. Will the balance shift to one side or the other? The emphasis is on the forthcoming E.U. Copyright Directive, but legislation from other countries is also discussed.

Published 10.05.2000

P. Bernt Hugenholtz & Annemique M.E. de Kroon, ‘The Electronic Rights War. Who owns the rights to new digital uses of existing works of authorship?’, IRIS – Legal Observations of the European Audiovisual Observatory, 2000-4.

Published 15.12.2001

P. Bernt Hugenholtz, The Great Copyright Robbery. Rights allocation in a digital environment’, paper presented at conference A Free Information Ecology in a Digital Environment Conference, New York University School of Law, 2 April, 2000.

In the shadows of the ‘copyright grab’ that is currently taking place at the European and international political level, a massive confiscation of authors' rights, possibly much more destructive to society, is taking place. Media concentration, media convergence and the lure of multimedia product development have inspired media companies all over the world to redraft their standard publishing or production contracts in such a way as to effectively strip the authors of their pecuniary rights entirely. Authors have a simple choice: sign away their rights or starve. This paper examines the allocation of rights between independent authors and producers from a mainly historical perspective, and proposes several author-protective strategies, including legislative measures.

Published 05.04.2000

Kamiel J. Koelman, & Rosa Julià-Barceló, ‘Intermediary Liability in the E-commerce Directive: So Far, So Good, But It’s Not Enough’ (draft), the final version has been published in Computer Law & Security Report 2000-4, p. 231-239.

The E-Commerce Directive establishes a regime for on-line intermediary liability. However, certain aspects of the Directive may force intermediaries, in particular host service providers, to indiscriminately take down content even if it is extremely doubtful that the material is in fact unlawful or illegal. This piece investigates these flaws of the Directive’s liability limitations that may unduly hinder the freedom of information and fair competition. Additionally, possible solutions to these drawbacks are explored.

Published 15.05.2000

Natali Helberger, ‘Urheber- und Nachbarrechtsschutz im audiovisuellen Sektor’ (Copyright and related rights in the audiovisual sector), IRIS Focus, IRIS (Legal Observations of the European Audiovisual Observatory, Strasbourg) 2000-2, p. 15.

The article gives an overview of the existing international and regional provisions, in particular at the level of WIPO and the European Community on the legal protection of copyrights and related rights in the audiovisual sector. Secondly, it introduces the most important pending proposals for an update of those provisions and concludes with some comparative remarks on the expected future state of protection.

Published 27.03.2001

Gerard A.I. Schuijt, 'Le droit d'auteur des journalistes', Les Cahiers des Propriété Intellectuelle 2000-2, p. 495-505.

Published 14.02.2001

Kamiel J. Koelman & P. Bernt Hugenholtz, 'Online Intermediary Liability for Copyright Infringement', report to WIPO.

Published 22.11.1999

P. Bernt Hugenholtz & Kamiel J. Koelman, Copyright Aspects of Caching’, DIPPER (Digital Intellectual Property Practice Economic Report) Legal Report, 30 September 1999, also available in zip-format (41 kB).

Study on copyright aspects of (proxy and client) caching, prepared for European Commission funded ‘DIPPER’ project (Esprit study). Focus on present and future European and U.S. law. Includes section on Internet (access) provider liability, and discussion of alternative solutions.

Published 30.09.1999

P.Bernt Hugenholtz, Code as code, or the end of intellectual property as we know it’, Maastricht Journal of European and Comparative Law, Volume 6 (1999), No. 3, p. 308-318.

In this article, two potential substitutes for the copyright regime are described: contract law and information technology. The combination of both instruments poses a direct threat to the copyright system, as we know it. Contract and ‘code’ combined have the capability of making copyright and its set of statutory limitations largely redundant, and may require an entire new body of information law to safeguard the public domain.

Published 07.09.1999

Kamiel J. Koelman, Protection of Technological Measures, IMPRIMATUR, November 1998.

Published 30.10.1998

Lucie Guibault (for Council of Europe), Discussion paper on the question of Exceptions to and limitations on copyright and neighbouring rights in the digital era, Strasbourg, October 1998.

Published 18.02.2002

P. Bernt Hugenholtz, Fear and Greed in Copyright City’, keynote speech, IMPRIMATUR Fourth Consensus Forum, "Contracts and Copyright: The Legal Framework for Future Electronic Copyright Management", London, 2-3 July 1998.

Published 13.03.2000

Kamiel J. Koelman & Lee A. Bygrave, Privacy, Data Protection and Copyright: Their Interaction in the Context of Electronic Copyright Management Systems, rapport aan IMPRIMATUR, June 1998.

Published 01.06.1998

Jan J.C. Kabel, processed version with annotation of the judgment in interlocutory proceedings in the case of Koninklijke Vermande BV vs. Bojkovski.

Published 13.11.1998

Jan J.C. Kabel, Slideshow of the lecture Copyright and visual art given by Jan Kabel during the meeting of the VVA (Dutch Copyright Association) on 13 February 1998:  Auteursrecht en beeldende kunst (in Dutch) (also available in zip-format).

Published 14.02.1998

Kamiel J. Koelman, Copyright aspects of the preservation of electronic publications.

Published 05.03.1999

Herman Cohen Jehoram, ‘Cumulation of Protection in the EC Design Proposals’.

Published 31.03.1998

Kamiel J. Koelman, Liability for Online Intermediaries, report to IMPRIMATUR, January 1998.

Published 14.12.1998

P. Bernt Hugenholtz, Implementing the Database Directive’, in: Jan J.C. Kabel and Gerard J.H.M. Mom (eds.), Intellectual Property and Information Law, Essays in Honour of Herman Cohen Jehoram, The Hague/London/Boston: Kluwer Law International 1998, p. 183-200.

Published 13.03.2000

Willy Alexander, ‘Intellectual Property and the Free Movement of Goods. The 1996 case-law of the Court of Justice’, IIC (1998).

Published 10.03.1998

Kamiel J. Koelman, Multimedia Licenses: Selected Topics (summary).

Published 30.09.1997

P. Bernt Hugenholtz, Fierce Creatures. Copyright Exemptions: Towards Extinction?’, keynote speech, IFLA/IMPRIMATUR Conference, "Rights, Limitations and Exceptions: Striking a Proper Balance", Amsterdam, 30-31 October 1997.

Published 02.11.1997

P. Bernt Hugenholtz, Copyright and multimedia. Licensing in the digital era’, Congreso Europeo Derecho Sobre Audiovisual, Sevilla, 23-26 oktober 1996.

In this article a number of the most relevant legal issues for the emerging multimedia industry are identified. The main focus is the complicated licensing problems involved in producing and publishing multimedia programmes.

Published 30.10.1996

P. Bernt Hugenholtz, Adapting copyright to the information superhighway’, in: P.B. Hugenholtz (red.), The future of copyright in a digital environment. Proceedings of the Royal Academy Colloquium organised by the Royal Netherlands Academy of Sciences (KNAW) and the Institute for Information Law (Amsterdam 6-7 July 1995), Den Haag: Kluwer Law International 1996, p. 81-102.

Published 07.09.1999

P. Bernt Hugenholtz, Chronicle of The Netherlands. Dutch copyright law 1990-1995’, Revue Internationale du Droit d'Auteur (169) juli 1996, p. 128-195.

Published 07.09.1999

Herman Cohen Jehoram, ‘International exhaustion versus importation right: a murky area of intellectual property law’, GRUR International 1996-4, p. 280-284.

Article on the so-called principle of  (national / international / Community) exhaustion of intellectual property rights.

Published 31.03.1998

Egbert J. Dommering, 'Copyright being washed away through the electronic sieve. Some thoughts on the impending copyright crisis', in: P.B. Hugenholtz (ed.), The future of copyright in a digital environment. Proceedings of the Royal Academy Colloquium organised by the Royal Netherlands Academy of Sciences (KNAW) an the Institute for Information Law (Amsterdam 6-7 July 1995), Den Haag: Kluwer Law International 1996, p. 1-11. English revision of an article which was originally published in Computerrecht 1994, p. 109-113.

Copyright works are stored in electronically accessible data banks, presenting entirely new questions on the use of these works. People talk about making electrocopies of book pages. This article views electrocopies as a spectre from the paper era. We will have to develop entirely new concepts for the use of the information speeding along the electronic highways and offered to users by various media.

Published 06.04.1998

P.Bernt Hugenholtz, Copyright and electronic document delivery services’, Interlending & Document supply, 1994-3, p. 8-14.

Published 07.09.1999

Updated 03.07.2012