Programme 2019 – ICL Summer Course

July 1
8:45-9:15 Welcome
9:15-9:30 Opening session
by Bernt Hugenholtz
9:30-12:30 International Framework
by Bernt Hugenholtz
This session sets out the framework of international copyright protection, and describes the main norms of the Berne Convention, the TRIPS Agreement, the WIPO Copyright Treaty and various bilateral instruments.
14:00-17:00 Trade and Investment Agreements
by Daniel Gervais
This session focuses on the TRIPS agreement, administered by the WTO, and recent trade and investment agreements (CETA, TTIP, TPP, ISDS). It takes a look at the negotiation process leading to their adoption, at the decisions from the WTO Dispute Resolution Panel and the impact on developing nations.
17:30-19:30 Boat tour on Amsterdam canals and welcome dinner


July 2
9:30-12:30 Recent Case Law of the Court of Justice of the EU
by Stef van Gompel
This session examines the recent case law of the Court of Justice of the European Union, which has been very active in issuing preliminary rulings interpreting various provisions of the Directive on Copyright in the Information Society and others. This leads to further harmonization of copyright within the EU but it also holds its share of ambiguities.
14:00-17:00 Intermediary Liability and Online Copyright Enforcement
by Remy Chavannes
As the information economy has become increasingly digital and online, rightholders have struggled to enforce their rights and update their business models. In recent years, the safe harbours that traditionally protected internet intermediaries have come under sustained attack, with mounting pressure to expand both duties of care and liability for user-uploaded content. This session will discuss the current state of play in this fast-moving and controversial area of copyright law.


July 3
9:30-12:30 Collective Administration of Rights
by Daniel Gervais
Sometimes required by law and other times necessary due to practical reasons, rights owners must exercise their rights through collecting societies. This session outlines the general workings of a collective administration of rights system, and considers its future in a digital environment.
Afternoon (free)
Evening (free)


July 4
9:30-12:30 Copyright in the EU Digital Single Market
by Stef van Gompel
Following its Digital Single Market Strategy, the European Commission has rolled out a number of measures to modernise the EU copyright framework. This session discusses these measures and examines their implications.
14:00-17:00 Copyright and Competition Law
by Thomas Vinje
In principle, the objectives of copyright law and competition law are complementary in that they are both meant to promote creativity and innovation. In some cases, however, the exercise of exclusive rights runs afoul of competition rules. This session describes how these two fields of law interact.


July 5
9:30-12:30 Why Copyright Laws Have Exceptions and Limitations
by Pamela Samuelson
National copyright laws routinely include limitations and exceptions (L&Es). Some are relatively ubiquitous, and some are more unusual. Among the topics of discussion are different justifications for various types of L&Es, new L&Es under consideration in the EU and internationally, interest in harmonization of L&Es, ways in which nations can achieve flexibility in copyright laws without fair use, when and why some L&Es are overridable by contract and some are not, and the extent to which the TRIPS Agreement inhibits national adoption of L&Es.
14:00-17:00 Data, Databases and AI
by Bernt Hugenholtz
Data are essential input for Artificial Intelligence driven  applications, making data an increasingly valuable commodity. Are data protected by intellectual property rights, or may data be freely harvested and shared? Is text and data mining for the purposes of AI development permitted? This seminar looks at various ways of protecting data, and focuses on the sui generis database right  enshrined in the EU Directive on the legal protection of databases.The seminar also examines the new text and data mining exemption of the forthcoming EU Copyright in the Digital Single Market Directive.
17:00-19:00 Closing reception