, C.J. Angelopoulos, J.V.J. 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.

28.10.2009

13.10.2009

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.

06.05.2009

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.d

01.11.2008

(with G. Westkamp, T. Rieber-Mohn, 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.

• See also Part II: The Implementation of Directive 2001/29/EC in the Member States, G. Westkamp, Queen Mary Intellectual Property Research Institute, February 2007.
• See also the executive summary.

This study, commissioned by the European Commission, examines the application of Directive 2001/29/EC in the light of the development of the digital market. Its purpose is to consider how Member States have implemented the Directive into national law and to assist the Commission in evaluating whether the Directive, as currently formulated, remains the appropriate response to the continuing challenges faced by the stakeholders concerned, such as rights holders, commercial users, consumers, educational and scientific users. As set out in specifications of the study set out by the Commission, its aim is "to assess the role that the Directive has played in fostering the digital market for goods and services in the four years since its adoption". The impact of the Directive on the development of digital (chiefly online) business models, therefore, will be the focal point of our enquiry throughout this study.

22.03.2007

(with S.J. van Gompel) Collective Management in the European Union, also published in: Daniel Gervais (ed.), Collective Management of Copyright and Related Rights, The Hague, Kluwer Law International, 2006, p. 117-152.

09.03.2007

Wrapping Information in Contract: How Does it Affect the Public Domain? in: L. Guibault and P.B. Hugenholtz, The Future of the Public Domain - Identifying the Commons in Information Law, Information Law Series 16, The Hague: Kluwer Law International 2006, p. 87-104. 

Contracts are an essential tool in the distribution of information. If a specific element of information has any commercial value at all, its access and use will most likely be governed by the terms of a license, whether it is protected by an intellectual property or not. The central question addressed in this chapter is whether the use of contracts with respect to the distribution of public domain information bears any impact on the supply of information and on the composition of the public domain. Would contracts that restrict the use of public domain information or limit the exercise of uses privileged under the law be actually enforced by the courts? If so, would the use of contracts in the trade of information tend to increase the amount of information available to the public anyway? Or would it, on the contrary, withdraw from the public domain some elements of information that were until then freely available?

09.03.2007

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.

10.01.2007

The presence of a robust public domain is an essential precondition for cultural, social and economic development and for a healthy democratic process. But the public domain is under pressure as a result of the ongoing march towards an information economy.
This book takes a broad, 'information law' oriented approach towards the question of preservering the public domain, in which a wide range of interrelated legal questions converge.
Thirteen contributions from academia worldwide make up the present book, addressing the future of the public domain from a different angle. In addition, all authors were invited to reflect upon the notion and role of the public domain in the context of information law and policy.

Read chapter 1: The Future of the Public Domain. An introduction.

16.06.2006

This study gives an overview of the current legal situation regarding the use of open source software licences and investigates how the most commonly used open source software licences measure up to Dutch and European law.
By its in-depth analysis and clear conclusions, this book contributes to the understanding of this complex field that policy makers, regulators, and academics so crucially require. Taking the provisions of the GNU GPL, the BSD, and the Mozilla Public Licence as examples, it investigates the implications of open source licensing from a private law, copyright law and patent law perspective. It also takes a brief look at the issue of the enforcement of these licences. To facilitate the use and enforcement of open source software licences in Europe, and more particularly in the Netherlands, the authors conclude their study by making a number of recommendations for the adaptation of the licence terms with a view to enhancing their compliance with the legal requirements.

See also the draft version of this book.

01.02.2006

(with 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.

20.05.2005

(with R. Melzer) 'The Legal Protection of Broadcast Signals', IRIS plus, 2004-10.

24.11.2004

‘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. 16, 2004-HS (Hors série), p. 189-208.

03.11.2004

‘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.

03.11.2004

(with P.B. Hugenholtz), Copyright contract law: towards a statutory regulation? Study conducted on commission

For an English translation of the Summary, please click here

06.08.2004

Published 28.11.2003

Published 29.04.2003

(with P.B. Hugenholtz & S.M. van Geffen), ‘The Future of Levies in a Digital Environment’, March 2003.

Published 24.03.2003

(with R.B. Bakels & P.B. Hugenholtz), European Parliament Hearing on Software Patentability (Contribution IViR).

Published 27.11.2002

Published 08.10.2002

Published 27.06.2002

Traditional copyright law strikes a delicate balance between an author’s control of original material and society’s interest in the free flow of ideas, information, and commerce. In today’s digitally networked environment, this balance has shifted dramatically to one side, as powerful rights holders contractually impose terms and conditions of use far beyond the bounds set by copyright law. This vitally significant book explores this conflict from its gestation through its current manifestations to its future lineaments and potential consequences.

Focusing on statutory copyright limitations that enshrine constitutional rights such as freedom of expression and privacy, foster dissemination of knowledge, safeguard competition, and protect authors from market failure, Copyright Limitations and Contracts clearly explains the rationale for these limitations and questions the legality of overriding them by contractual means. The author finds a complex array of factors clouding the emergence of coherent rules in the matter, among them the nature of the contract (e.g., fully negotiated vs. “shrink-wrap”), the respective interests of the parties involved, and the legislated policy of particular regimes. She points out that the United States’ new Uniform Computer Information Transactions Act (UCITA), which is likely to be adopted by many U.S. States and influence similar legislation in many other countries, leaves this crucial issue essentially unresolved.

Among the author’s many startling insights is that, contrary to the commonly held notion that the Internet is a bastion of free speech, in fact it is now possible (via encryption technology) for the first time in human history to exercise absolute control over copyrighted material, even under circumstances of global mass distribution. As we become more and more aware that the intersection of copyright and contract reveals one of the deepest and most far-reaching contradictions of our time, this illuminating analysis will be of extraordinary value to jurists in every area of public and private law.

Published 12.02.2002

Published 18.02.2002

'Pre-emption Issues in the Digital Environment: Can Copyright Limitations Be Overridden by Contractual Agreements under European Law?', in F.W. Grosheide & K. Boele-Woelki (red.), Molengrafica nr. 11. Europees Privaatrecht 1998. Opstellen over Internationale Transacties en Intellectuele Eigendom, Lelystad: Koninklijke Vermande 1998, p. 225-262.

Published 21.02.1999

'Limitations found outside of copyright law', General report prepared for the ALAI STUDY DAYS Cambridge, September 14-17, 1998: The Exceptions And Limitations To Copyright.

Published 12.01.1999

Agreements between Authors or Performers and Collective Rights Societies: Comparative Study of Some Provisions, Report prepared for the 1997 ALAI Congress held in Montebello, Canada, Montreal: ALAI Canada 1997.

Text in French - with the Introduction and a summary for each chapter translated into English. Available in paper format with ALAI Canada for $ 75. CDN.

In the context of the 1997 Congress of the Association Littéraire et Artistique Internationale (ALAI), entitled 'Protection of Authors and Performers through Contracts', the Canadian Group of ALAI wished to draw particular attention to the legal relationship existing between authors or performers and collective rights societies. The nature of the copyrights and neighbouring rights conferred by law, the legal framework surrounding the structure and operations of collective societies, their number in each territory and the presence of complementary professional associations are determining factors in the definition of the scope of protection granted to authors and performers. Taking these elements into account, this report analyzes around fifty agreements entered into by authors and performers on the one hand, and organizations whose activities consist of collecting and distributing copyrights and neighbouring rights, on the other hand. The study is divided into two main chapters, the first one dealing with the contractual relationship between members and the society, and the second one examining the extent to which members may participate in the operations of the society.

Published 01.01.2001

'Les programmes d'ordinateur et le droit d'innovation technologique', Cahiers de Propriété Intellectuelle (9) 1997-2, p. 171-202.

Text in French. This article discusses the legal protection of computer software and proposes the creation of a new sui generis right more suited to the characteristics of this technology. The proposal of a new technological innovation right arises from the experience acquired over the last twenty years with respect to computer software protection. The parameters of this new right are inspired by copyright law, patent law, integrated circuit topography law, as well as the new sui generis right on databases recognized in Europe. This article presents the technological innovation right: the scope of its application, the exclusive rights granted and their limitations, the formalities for acquisition and the duration of the protection.

Published 01.01.2001

Updated 28.10.2009