IViR - Staff - Kamiel Koelman

ex-staff

Kamiel J. Koelman

Curriculum Vitae

Kamiel Koelman studied Arts at the Gerrit Rietveld Academy in Amsterdam and law at the University of Amsterdam. His research focuses on the problems that arise where technology and the law meet. He specializes in Information Law and more particularly in Copyright Law. He was under employment of IViR until 1 August 2002.

Publications

'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.

Just as uses of information can be excluded on the basis of copyright, technological measures allow the exclusion of uses. However, while copyright is limited in many ways, exclusivity based on technology is potentially unlimited. How should a legislator deal with this phenomenon of expanding exclusion? Should he maintain the information policy which is expressed in copyright law – of which the limitations on the right are an integral part – or should he endorse the broader exclusivity based on technology?

Published 16.07.2001

Book review of Dickie, J., Internet and Electronic Commerce Law in the European Union (Oxford: Hart, 1999) in Digital Technology Law Journal.

Published 20.12.2000

(with 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

‘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 even 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 upcoming E.U. Copyright Directive, but legislation from other countries is also discussed.

Published 10.05.2000

DIPPER-report, also available

in ZIP-format (41 kB). An abridged and updated version was published in EIPR 2000-10, p. 482-493.

The report is written (with prof. mr. P.B. Hugenholtz) for the European Commission in the context of the Esprit-programme. It is part of a multidisciplinary study about caching.

Published 30.09.1999