for Information Law (IViR)
Korte Spinhuissteeg 3
1012 CG Amsterdam
1012 CX Amsterdam
+31 20 - 525 3645
+31 20 - 525 3033
studied law at the University of Athens and went on
to complete her LL.M. course on European law at the
University of Edinburgh. She joined IViR in 2008, where,
alongside other research projects, she worked as editor
IRIS, the monthly newsletter on audiovisual law
published by the European
Audiovisual Observatory. As part of the EuropeanaConnect
project, she also performed and coordinated the legal
research behind the creation of IViR and NL Kennisland's
Public Domain Calculators.
Currently, Christina is
a Ph.D. candidate at IViR. Her thesis will focus on the
liability of online intermediaries for copyright
blocking injunctions against ISPs allowed in Europe?
Copyright enforcement in the post-Telekabel EU legal
Journal of Intellectual Property Law &
Practice, first published online August 13,
In recent years,
the national courts of the EU Member States, in an
attempt to stem the flow of rampant online copyright
infringement, have increasingly turned to the
issuance of blocking injunctions against the
intermediaries whose websites and networks are used
by third parties to commit infringements. This
article examines the legal framework in place at the
EU level with regard to the legality of such
injunctive orders, making a distinction between
filtering measures, used to detect copyright
infringements, and blocking measures, used to put an
end to them. On the basis of that analysis, a
detailed examination will be made of the latest CJEU
ruling to apply this framework, Case C-314/12, UPC
Telekabel Wien GmbH v Constantin Film Verleih GmbH
on the lawfullness of open-ended blocking
injunctions against internet access providers.
Beyond the Safe Harbours: Harmonising
Substantive Intermediary Liability for Copyright
Infringement in Europe, Intellectual Property Quarterly,
2013-3, p. 253-274.
The Myth of European Term
Harmonisation: 27 Public Domains for the 27 Member
States, IIC, 2012-5, p. 567.
Determining the Term of Protection for Films:
When Does a Film Fall into the Public Domain in Europe?
IRIS Plus, 2012-2.
Crossroads of Intellectual Property: the Intersection of
Intellectual Property and other Fields of Law, New York:
Nova Publishers, 2012.
See here the
foreword of the book.
Amended Directive Extends the Term of Protection for
Performers and Sound Recordings, GRUR International,
2011-11, p. 987-989.
Creative Commons and Related Rights in Sound Recordings:
Are the Two Systems Compatible?,
in L. Guibault & C.
Angelopoulos (ed.), Open Content Licensing: From
Theory to Practice,
Amsterdam: Amsterdam University Press, 2011, p. 243-295.
Can the will
of the author cancel her copyright? The Creative
Commons licensing system depends on a positive
answer to this question, and indeed, in the area of
copyright proper, for the most part this is
the case. But the related rights of performers and
phonogram producers are a different matter: in
addition to their exclusive rights, performers and
phonogram producers are also granted a right to
equitable remuneration for the use of their
phonograms in communications to the public or
broadcasting by wireless means. Given that, in many
EU Member States the right to equitable remuneration
has been implemented in the form of a (waivable or
non-waivable) compulsory licensing scheme, while,
even where a voluntary license scheme is in place,
the functional reality of collecting societies will
limit the flexibility that this will allow
right-owners, the following question arises: is
the legal framework of related rights and the
collective management systems in place for the
exploitation of these rights compatible with the use
of Creative Commons licenses?
This book chapter attempts to answer this
complicated question with regard to the law of the
two EU Member States of the UK and the Netherlands.
The issue is examined against the backdrop of the
innovative flexible collective management pilot
project was initiated for musical works between
Buma/Stemra, the Dutch collecting society for music
authors and publishers, and Creative Commons
Netherlands, the Dutch branch of Creative Commons.
The chapter concludes that, when contemplating the
application of Creative Commons licenses to musical
works in the context of the userís obligation to pay
equitable remuneration to the performer and
phonogram producer for use of a phonogram in a
communication to the public or broadcast,
main circumstances must be kept in mind:
(a) Whether the work has been published for
(b) Whether the work is offered by the user on an
interactive, on-demand basis;
(c) What type of licensing scheme is established in
the country in question for the management of the
Open Content Licensing from Theory to Practice,
Amsterdam: Amsterdam University Press, 2011.
This book assembles
chapters written by renowned European scholars on a
number of selected issues relating to open content
licensing. It offers a comprehensive and objective
study of the principles of open content from a
European intellectual property law perspective and
of their possible implementation in practice.
(ed. with S.
Nikoltchev and S.J. van Gompel)
Digitisation and Online
Exploitation of Broadcasters' Archives, IRIS Special,
Strasbourg: European Audiovisual Observatory 2010.
The archives of
many television broadcasters now contain materiel
which includes more than half a century of
contemporary, documentary and entertainment history
and are of immense cultural and economic value.
Digitisation has created an entirely new technical
basis for making these assets available to a wide
audience, and there are a whole range of projects
aimed at opening up audiovisual archives (including
those of broadcasters). However, many projects to
open up broadcasters' archives and exploit them
online generally run up against serious problems
when it comes to clearing the rights for these
archived works. These problems arise, firstly, due
to a contractual practice that developed in the
pre-digital era and to aspects of copyright law that
do not really meet the needs of the digital age.
Secondly, the very large number of works stored in
archives constitutes a challenge that is not easily
overcome. The aim of this IRIS Special is to discuss
the subject from a number of different perspectives.
The team of authors involved is accordingly made up
of representatives of many different interests:
copyright holders and those who look after their
interests, television broadcasters, lawyers and
here for more information about this publication.
Product Placement in European Audiovisual Productions,
IRIS plus, 2010-3.
E.H. Janssen, N.A.N.M. van Eijk,
van Hoboken, E. Swart, et al.)
User-Created-Content: Supporting a participative
Information Society, Final Report, Study carried
out for the European Commission by
IDATE, TNO and IViR, 2008.
the Internet for Copyrighted Content in Europe, IRIS
plus (Supplement to IRIS - Legal Observations
of the European Audiovisual Observatory), 2009-4.
van Hoboken) Workshop
on Audiovisual Search: Summary of the Discussion, in
Searching for Audiovisual Content, IRIS Special,
of Expression and Copyright - The Double Balancing Act,
Intellectual Property Quarterly, 2008-3, p.
property legislation: Warm for reform, Entertainment
Law Review, 2008-2, p. 35-40.