Dutch 
Staff
photo: Jeroen Oerlemans
 
Natali Helberger
Professor
 
Institute for Information Law (IViR)

Korte Spinhuissteeg 3
1012 CG Amsterdam
The Netherlands
 

kamer B2.08
tel: +31 20 - 525 36 46
fax: +31 20 - 525 30 33

 


Curriculum Vitae

Natali Helberger is professor of Information Law, with a special focus on the use of information, at the University of Amsterdam's (UvA) Faculty of Law.

Natali Helberger researches how the role of the user of information is changing under the influence of information technology, and social and economic conditions. She also examines the resulting implications for the legal position, rights and obligations of information users under current and future media and communications law, consumer law and data protection law. Helberger's research features a strong interdisciplinary component: in order to assess whether and how information law ties in with the reality of information users and information markets, she regularly works with communication scientists, social scientists, psychologists as well as cultural scientists and economists.

The user's role and behaviour are also the result of a dynamic technical environment. Consequently, the relationship between law, behaviour and technology is another key focus area of Helberger's research. Since the information society transcends boundaries and information law is increasingly being influenced by or formulated in Brussels, Helberger focuses on European law in addition to national law.

Helberger has been working as a senior researcher at the UvA's Institute of Information Law (IViR) since 2006. She also holds various management and advisory positions. She is a member of the IViR management team and the research committee at the UvA's Faculty of Law. As a member of the Connect Advisory Group, she advises the European Commission on the content of the Horizon2020 programme. Helberger is also a member of the European Cloud Computing Contracts Expert Group. In addition, she is an editorial staff member of the Journal of Information Policy and a reviewer for several leading international journals and financing organisations. Hellberger also sits on the programme committee of EuroCPR, which is an initiative of the Centre for European Policy Studies, and the International Telecommunications Society (ITS).
 


Publications
(with K. Kleinen-von Königslöw & R. van der Noll) Convergence, information intermediaries and media pluralism - mapping the legal, social and economic issues at hand: A quick scan, Institute for Information Law, 20 January 2014, 48 p.

03.06.2014


Form matters: informing consumers effectively, Study commissioned by BEUC, the European Consumer Organisation, September 2013, 51 pp.

This study examines what lessons can be learned from behavioural research for the form in which consumer information is being presented. The argument that this study makes is that the form in which information is presented and the effective communication of such information is at least as important as its content, and that this is an aspect that is still generally neglected in information and consumer law. The study is particularly interested in the potential of digital technologies in making consumer information more effective, and new approaches to form requirements in  areas in which the importance of effective communication has already been acknowledged, such as in communications law. The study  concludes with concrete suggestions for the future design of transparency requirements in information law and policy.

07.11.2013


(with J. Esmeijer, O. Nieuwenhuis, C. Mijs, E. van der Broek, C. Versloot, B. van der Sloot en T. McGonagle) Making User Created News Work, TNO-rapport, 27 December 2012.

04.06.2013


Freedom of expression and the Dutch cookie-wall, conference paper accepted  at MIT 8 Public Media Private Media Conference, Boston, 3-5 May 2013.

04.06.2013


(with L. Guibault, M.B.M. Loos, C. Mak, L. Pessers & B. van der Sloot) Digital Consumers and the Law: Towards a Cohesive European Framework, Kluwer Law International: Alphen aan den Rijn 2013.
ISBN: 9789041140494.

This book provides a critical analysis of how digitisation affects established concepts and policies in consumer law. Based on evidence of the actual experience and problems encountered by consumers in digital markets, the book offers a ground-breaking study of the main issues arising in relation to the application of general consumer and sector-specific law. An interdisciplinary team of researchers from the Centre for the Study of European Contract Law (CSECL) and the Institute for Information Law (IViR), both University of Amsterdam, combine their expertise in general consumer and contract law, telecommunications law, media law, copyright law and privacy law in a joint effort to point the way to a truly cohesive European Framework for Digital Consumers and the Law.
Topics in this book include the characteristics of digital content markets and how they relate to traditional consumer law; consumer concerns, reasonable expectations and how they are protected by law; the difficult question of the classification of digital content; legal questions triggered by prosumers and underage consumers; the feasibility and future of the information approach to consumer protection; the role of fundamental rights considerations, and the legal implications of an economy that uses personal data as the new currency.
Digital Consumers and the Law is an important analysis for all those interested or involved in the regulation of digital content markets. With its comprehensive discussion of a wide range of fundamental as well as praxis-oriented questions, it is an essential read for academics, policy makers, members of the content industry as well as consumer representatives.

See more details about the book here.

31.01.2013


(with L. Guibault) Clash of cultures - integrating copyright and consumer law, info, 2012-6, p. 23-33.

In digital content markets, access to and use of digital content products are largely subject to contractual agreements and licensing conditions between suppliers and consumers. The fact that consumers acquire digital content by way of contractual arrangements implies that their relationship with the suppliers of these products is governed by two sets of rules: consumer law and copyright law. Attempts to integrate copyright and consumer law and policy and to accommodate the interests of the consumer of copyright protected content soon encounter conceptual and political challenges. The question that this article examines is what the main conceptual differences between consumer and copyright law, and the resulting ‘‘clash of cultures’’ are that need to be overcome before dealing successfully with copyright law related matters in consumer law.

01.11.2012


(with L. Guibault, M.B.M. Loos, C. Mak & L. Pessers) Digital content contracts for consumers, Journal of Consumer Policy, 6 July 2012.

The application of consumer law to digital content contracts encounters a number of obstacles. Some of these are rather typical for digital content markets, e.g., the legal consequences of the classification of digital content as “goods” or “services” and, more importantly, the absence of general benchmarks to evaluate the conformity of digital content. Other problems, such as the limited usefulness of consumer information and the position of underage consumers, are not as such reserved to digital consumers, but they are amplified in the digital content markets. Moreover, particular attention is paid to the complex relationship between copyright law and consumer law. This paper explores the extent to which consumer (contract) law is fit to address the problems faced by digital consumers wishing to enjoy the benefits of digital content and examines whether the on-going initiatives at national and European level are likely to provide relief. Finally, recommendations for improvement are put forward in cases where the analysis shows that the problems identified are not or are insufficiently solved by these initiatives.

13.09.2012


(with N.A.N.M. van Eijk, L. Kool, A. van der Plas and B. van der Sloot) Online tracking: questioning the power of informed consent, info, 2012-5, p. 57-73.

The paper aims to report the main findings of a study for the Dutch Regulatory Authority for the Telecommunications sector OPTA to explore how the new European "cookie rules" in the ePrivacy Directive impact on behavioral advertising practices via the storing and reading of cookies. The paper identifies the main dilemmas with the implementation of the new European rules. The Dutch case provides a valuable reality check also outside The Netherlands. Even before the amendment of the directive, The Netherlands already had an opt-in system in place. From the Dutch experience important lessons can be learned also for other European countries.

10.08.2012


Digital content services for consumers: Comparative analysis of the applicable legal frameworks and suggestions for the contours of a model system of consumer protection in relation to digital content services, Report 1: Country reports, Centre for the Study of European Contract Law (CSECL) & Institute for Information Law (IViR), 2012, 432 pp.

The Centre for the Study of European Contract Law (CSECL) and the Institute for Information Law (IViR) were commissioned by the European Commission to conduct a study on digital content services for consumers. This report contains the country reports of 9 Member States - Finland, France, Germany, Hungary, Italy, The Netherlands, Poland, Spain and the United Kingdom - and two legal systems from outside the EU, i.e. Norway and the United States. The country reports contain the responses of national experts to a questionnaire developed by the CSECL and the IViR.

02.03.2012


Diversity by Design, Journal of Information Policy, 2011-1, p. 441-469.

How do you get citizens/media consumers to voluntarily choose to expose themselves to diverse content? Is there a role for government in helping people make diverse choices? Professor Helberger addresses these questions by suggesting "diversity by design" as an antidote to the ironic fact that broadband media abundance actually makes it more difficult for users to choose diversely. She presents four conceptualizations of diversity policy: marketplace of ideas ("external diversity"); public sphere ("internal diversity"); personal autonomy ("individual choice"); and random exposure ("serendipity"), and suggets concrete design principles to guide regulators in implementing them. However, she notes, in the end it remains for the user to decide.

06.01.2012


(with S. de Munck) Caution! You are now exercising editorial control! Exploring initiatives to raise the quality of User Created News, and their legal side-effects, Journalistica, 2011-1, p. 65-92.

06.01.2012


Standardizing consumer's expectations in digital content, Info, 2011-13, p. 69-79.

06.01.2012


The beginnings of audiovisual consumer law - conceptual growing pains when integrating the consumer of audiovisual services into media and consumer law, Swedish European Law Journal, 2011-3, p. 520-541.

06.01.2012


(with M.B.M. Loos, L. Guibault, C. Mak) The Regulation of Digital Content Contracts in the Optional Instrument of Contract Law, European Review of Private Law, 2011-6, p. 729-758.

The past decade has shown a rapid development of the markets for digital content. The further development of these markets, however, may be hindered because of the lack of a functioning legal framework to deal with digital content contracts. In this article, it is argued that the future Optional Instrument should contain rules governing digital content contracts. Moreover, suggestions are made as to the content of such rules.

04.01.2012


(with M.B.M. Loos, L. Guibault, C. Mak, L. Pessers, K.J. Cseres, B. van der Sloot & R. Tigner) Analysis of the applicable legal frameworks and suggestions for the contours of a model system of consumer protection in relation to digital content contracts, Final Report, Comparative analysis, Law & Economics analysis, assessment and development of recommendations for possible future rules on digital content contracts.

More information on the website of the European Commission.

23.11.2011


Diversity label: exploring the potential and limits of a transparency approach to media diversity, Journal of Information Policy 2011-1, p. 337-369.

04.11.2011
(with N.A.N.M. van Eijk, L. Kool, A. van der Plas & B. van der Sloot)   Online tracking: Questioning the power of informed consent, Paper prepared for ITS, 22nd European Regional ITS Conference Budapest, Hungary (18-21 September 2011).

18.10.2011
(with J.V.J. van Hoboken) Little Brother Is Tagging You - Legal and Policy Implications of Amateur Data Controllers, Computer Law International (CRi), 2010-4, p. 101-109.

This article argues that the instances in which amateur users will fall under the ambit of data protection law are not the exception, but rather the rule. Based on an analysis of the provisions of the European Data Protection Directive, the article demonstrates that existing data protection law burdens amateur users with provisions that exceed the personal, technical and financial capacities of most Social Network Sites (SNS) users, that do no fit the SNS context or that users are simply not able to comply with without assistance from the SNS provider. While it is unacceptable to burden amateurs with a number of obligations that exceed their capacities, it is also not feasible to place all the burdens on SNS providers, since many of the privacy problems of SNSs are in fact user-made. All this points to a concept of joint-responsibility of SNS users and providers. The article concludes with a number of concrete suggestions on how such a concept of joint responsibility could be given form.

15.03.2011


(with A. Leurdijk & S. de Munck) User Generated Diversity: Some Reflections on How to Improve the Quality of Amateur Productions, Communications & Strategies, 2010-77, p. 55-77.

The potential of user created content to make a meaningful contribution to media diversity is subject to debates. Central to these debates is the argument of the quality of amateur productions. This article will take a close look at this argument, and make some suggestions on how to improve the quality and utility of amateur productions with regard to the democratic functions of media.

22.04.2010


(with L. Guibault, E.H. Janssen, N.A.N.M. van Eijk, 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


(with M.M.M. van Eechoud, P.B. Hugenholtz, S. van Gompel and L. Guibault) 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.

13.10.2009


(with J.V.J. van Hoboken) Looking Ahead—Future Issues when Reflecting on the Place of the iConsumer in Consumer Law and Copyright Law, Journal of Consumer Policy 2008-31, p. 489-96.

30.03.2009


(with A. Huygen, N.A.N.M. van Eijk 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.

27.02.2009


'Making place for the iConsumer in Consumer Law', Journal of Consumer Policy 2008-31, p. 385-391.

27.02.2009


'"Access denied": How some e-commerce businesses re-errect national borders for online consumers, and what European law has to say about this', European Journal of Consumer Law 2007/2008-4, p. 472-506.

27.02.2009


From eyeball to creator - toying with audience empowerment in the Audiovisual Media Service Directive, Entertainment Law Review, 2008-6, p. 128-137.

06.10.2008


The Media-Literate Viewer, in: N.A.N.M. van Eijk & P.B. Hugenholtz (ed.) Dommering-bundel: Opstellen over informatierecht aangeboden aan prof. mr. E.J. Dommering, Amsterdam: Otto Cramwinckel Uitgever 2008, p. 135-148.

15.05.2008


(with 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.

24.01.2008


The Changing Role of the User in the "Television Without Frontiers Directive", in Legal Aspects of Video on Demand, IRIS Special, December 2007.

The changing role of users of audiovisual services might eventually shake the very base of traditional media policy. It is early days yet. It is certainly not too early, however, to become aware of changes and muse about possible implications for media law and policy. The objective of this article is to scrutinize some aspects of traditional government involvement with audiovisual media from the perspective of the changing role of the users. Aspects that will be discussed include the justification for government intervention in the first place, the image of the user, the character of intervention and the new issues that are likely to play a role in future media law and policy. The point of reference will be the revised proposal for a Directive on the Regulation of Audiovisual Media Services.

24.01.2008


Some critical reflections about access obligations under the European Communications Framework, Communications & Strategies, 2007-68.

European communications and competition policy has a tradition on access obligations as primary tool to discipline exclusive control over so called bottleneck facilities. In the 2007 Communication on the Review of the European Communications Framework, the European Commission stressed once more the importance of access rules as a tool to realize consumer welfare, competition and user rights, notably the right for users to access and distribute lawful content. This article will place some critical reflections on access obligations. Using the example of bottlenecks in digital broadcasting, it will show that access obligations that were successfully applied to traditional bottleneck situations are not necessarily the best or effective way of guaranteeing openness of the digital service market. The example of digital broadcasting is for many reasons interesting.

24.01.2008


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.

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


Refusal to Serve Consumers because of their Nationality or Residence - Distortions in the Internal Market for E-commerce Transactions?, Briefing Note, European Parliament's Committee on Internal Market and Consumer Protection, January 2007.

Technological progress and the internet bring the promise of an Internal Market for electronic services closer than ever into the reach of Europe's citizens. Yet, while European and national policies are committed to removing government-made obstacles to the free movement of services, some e-commerce businesses use technology to actually re-introduce territorial barriers. The goal of this briefing paper is to provide a first overview of the motives of e-commerce businesses to engage in territorial differentiation, to examine whether territorial differentiation can result in a serious distortion of the Internal Market and to make recommendations what measures should be taken to remove barriers that prevent consumers from buying goods and services on-line throughout the Internal Market.

20.03.2007


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


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. 

07.03.2006


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.

07.03.2006


The "Right to Information" and Digital Broadcasting: About Monsters, Invisible Men and the Future of European Broadcasting Regulation, Entertainment Law Review, 2006-2, p. 70-80.

As a result of modern content management technologies, individualisation, differentiation and conditioned access step into the place of traditional models of broad-casting content. In the light of these developments, the article provides a critical analysis of the proposals that were made to revise the Television Without Frontiers Directive and to protect “the right to information” of the broadcasting audience. The article will show that instead of modernizing the European broadcasting framework the proposals are focused on maintaining the status quo of an analogue past. It will make an argument in favor of a more viewer-oriented approach.

03.03.2006


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.

14.02.2006


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


Using competition law as tool to enforce access to DRM...and failing, INDICARE Monitor, 28 October 2005.

Apple's tight control over the FairPlay DRM system has caused many iPod users to complain that they cannot play certain files on their iPod, namely the files they bought from other online services, using a different DRM system. The proprietary control over FairPlay is also a thorn in the flesh of iTunes rivals who sought various ways to get around FairPlay's lack of interoperability. The French enterprise VirginMega tried it the legal way and so did it come that Apple's FairPlay was probably also the first case in which a competition authority in Europe had to decide if access to a Digital Rights Management system can be enforced on grounds of competition law.

Published 02.11.2005


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


Controlling Access to Content: Regulating Conditional Access in Digital Broadcasting, Information Law Series 15, The Hague: Kluwer Law International (2005). ISBN 9041123458.

Control of access to content has become a vital aspect of many business models for modern broadcasting and online services. Using the example of digital broadcasting, the author reveals the resulting challenges for competition and public information policy and how they are addressed in European law governing competition, broadcasting, and telecommunications. Controlling Access to Content explores the relationship between electronic access control, freedom of expression and functioning competition. It scrutinizes the interplay between law and technique, and the ways in which broadcasting, telecommunications, and general competition law are inevitably interconnected.

See also the summary of the thesis.

Published 30.06.2005


(with N. Dufft, M.M. Groenenboom, K. Kerényi, C. Orwat en U. Riehm) Digital Rights Management and Consumer Acceptability: A Multi-Disciplinary Discussion of Consumer Concerns and Expectations, State of the Art Report - First Supplement, May 2005.

Published 21.06.2005


(with L. Guibault) 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


Thou shalt not mislead thy customer! The pitfalls of labelling and transparency, INDICARE Monitor, Vol. 1, no. 9, 25 February 2005.

The article explains why one should not mislead his customers. And the author is not even talking about rules of decency and fair play; she is talking about legal reasons, as recently confirmed by a court decision in France. The article also explains, however, why the issue of transparency is a tricky one, and under which conditions transparency could turn against the consumer.

Published 03.03.2005


(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 Expectations, State-of-the-Art Report, INDICARE, December 2004.

Published 14.12.2004


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

Published 22.10.2004


Access to technical bottleneck facilities: the new European approach, Communicaties & Strategies 2002-2, p. 33.

Published 19.09.2002


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 & P.B. Hugenholtz.

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


(with Alexander Scheuer & Peter Strothmann) Diskriminierungsfreier Zugang zu digitalen Zugangskontrolldiensten, IRIS Plus, IRIS 2001-2.

Published 01.05.2001


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

This report analyses to what extent 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. Background to the report is the changing technological environment over the last 40 years, particularly as regards convergence of the 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 in further activities which could be undertaken within the framework of the Council of Europe to ensure the satisfactory protection of the rights of broadcasting organisations.
The study was commissioned by the Council of Europe. Views expressed in the report are not those of the Organisation.

Published 29.11.2000


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 on the existing international and regional provisions, 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


Hacking BskyB: The legal protection of conditional access services under European law, Entertainment Law Review, 1999-5, p. 88.

Within Europe, the legal protection of pay-TV services against piracy is not as complete as service providers might hope. This article explores to what extent the recently adopted Conditional Access Directive will change this situation.

Published 24.02.2000


Liechtenstein - Developments in the Audiovisual Sector, in: Legal Guide to the Audiovisual Media in Europe - Recent Legal Developments in Broadcasting, Film, Telecommunications and the Global Information Society in Europe and the Neighbouring States, Straatsburg: European Audiovisual Observatory 1999, p. 75-78.

In the framework of the ‘Legal Guide to Audiovisual Media in Europe’ of the European Audiovisual Observatory, Strasbourg, this article reports on the recent legal situation in Liechtenstein in the fields of broadcasting, film, telecommunications and the global information society. As well as giving a concise overview of the relevant legislation and reflecting on the most recent legal developments, the report includes bibliographical references and addresses of responsible authorities.

Published 24.02.2000


Monaco - Developments in the Audiovisual Sector , in: Legal Guide to the Audiovisual Media in Europe - Recent Legal Developments in Broadcasting, Film, Telecommunications and the Global Information Society in Europe and the Neighbouring States, Straatsburg: European Audiovisual Observatory 1999, p. 192-193.

The contribution to the ‘Legal Guide to Audiovisual Media in Europe’ of the European Audiovisual Observatory, Strasbourg, introduces the recent legislation on Monaco’s audiovisual sector. The article gives an overview of existing legislation and actual developments in the audiovisual sector of this country, and provides bibliographical references and relevant addresses.

Published 24.02.2000


Die Präzisierung des Sendestaatsprinzips in der Rechtsprechung des EuGH’, Zeitschrift für Urheber- und Medienrecht (ZUM), 1/98, p. 50-60.

The jurisdiction of member states over transnationally operating broadcasters as laid down in the former version of the Television without Frontiers Directive has repeatedly caused legal conflicts. The issue of jurisdiction is of particular importance for the transborder activities of broadcasters, since national laws governing the transmission of broadcasts differ considerably in such important areas as advertisement rules and the protection of minors. In a number of recent decisions, the European Court of Justice clarified the principle of member states’ jurisdiction over broadcasters. This article provides an overview of the relevant judgements of the court, also taking into account the corresponding provisions of the (revised) Television without Frontiers Directive.

Published 24.02.2000


Updated 23.09.2014