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
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
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 &
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,
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
M.M.M. van Eechoud,
S. van Gompel,
L. Guibault en
Harmonizing European Copyright Law: The Challenges of
Better Lawmaking, Information Law Series 19, Alphen
aan den Rijn: Kluwer Law International 2009.
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
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.
Huygen, N.A.N.M. van
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.
Hugenholtz & R.L. Okediji
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.
Helberger & P.B.
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
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.
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).
Guibault, G. Westkamp, T. Rieber-Mohn, P.B.
Hugenholtz, et al.
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.
Hugenholtz, M.M.M. van
Eechoud, S.J. van
Gompel et al.,
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
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.
R. vs Warner Music: French court bans private-copying
hostile DRM, INDICARE Monitor, 24 February
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.
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
Sony BMG rootkit scandal, INDICARE Monitor, 27
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.
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
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?
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.
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.
Guibault and N.
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.
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.
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.
Hugenholtz & M.J.
fixtures, horseraces and spinoffs: the ECJ domesticates
the database right’, EIPR, 2005-3.
Helberger, with N. Dufft, S.
van Gompel, K. Kerényi, B. Krings, R. Lambers, C.
Orwat and U. Riehm
Rights Management and Consumer Acceptability: A
Multi-Disciplinary Discussion of Consumer Concerns and
Report, INDICARE, December 2004.
Guibault & R. Melzer,
Legal Protection of Broadcast Signals', IRIS plus,
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.
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,
not a right, silly! The private copying exception in
practice’, INDICARE Monitor, 7 October 2004.
Hugenholtz & L.
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
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.
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
Guibault & S.M.
Future of Levies in a Digital Environment’, March
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.
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).
|Stephen M. Maurer, P.
Bernt Hugenholtz & Harlan J. Onsrud,
Database Experiment’, Science, vol. 294 (26
October 2001), p. 789-790.
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.
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.
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.
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
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.
of The Netherlands, Dutch copyright law, 1995-2000’,
RIDA 187, January 2001, p. 111-175.
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.
‘Why the Copyright Directive is Unimportant, and
Possibly Invalid’, EIPR 2000-11, p. 499-505.
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.
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,
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
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
J. Koelman, & Rosa
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.
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.
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
droit d'auteur des journalistes', Les Cahiers des
Propriété Intellectuelle 2000-2, p. 495-505.
J. Koelman & P.
Intermediary Liability for Copyright Infringement',
report to WIPO.
Bernt Hugenholtz & Kamiel
Aspects of Caching’, DIPPER (Digital Intellectual
Property Practice Economic Report) Legal Report, 30
September 1999, also available
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.
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.
of Technological Measures, IMPRIMATUR,
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.
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.
J. Koelman & Lee A. Bygrave,
Data Protection and Copyright: Their Interaction in the
Context of Electronic Copyright Management Systems,
rapport aan IMPRIMATUR,
J.C. Kabel, processed version with annotation
of the judgment in interlocutory proceedings in the case
Vermande BV vs. Bojkovski.
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
en beeldende kunst (in Dutch) (also available
aspects of the preservation of electronic publications.
Herman Cohen Jehoram, ‘Cumulation
of Protection in the EC Design Proposals’.
for Online Intermediaries, report to IMPRIMATUR,
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.
Willy Alexander, ‘Intellectual
Property and the Free Movement of Goods. The 1996 case-law
of the Court of Justice’, IIC (1998).
J. Koelman, Multimedia
Licenses: Selected Topics (summary).
Creatures. Copyright Exemptions: Towards Extinction?’,
keynote speech, IFLA/IMPRIMATUR Conference,
"Rights, Limitations and Exceptions: Striking a
Proper Balance", Amsterdam, 30-31 October 1997.
and multimedia. Licensing in the digital era’,
Congreso Europeo Derecho Sobre Audiovisual, Sevilla, 23-26
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.
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.
of The Netherlands. Dutch copyright law 1990-1995’, Revue
Internationale du Droit d'Auteur (169) juli 1996, p.
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.
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
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
and electronic document delivery services’, Interlending
& Document supply, 1994-3, p. 8-14.