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  • Thomas Margoni awarded with Shuttleworth Foundation prize

    Thomas Margoni, senior researcher at IViR, was awarded the Shuttleworth Foundation Flash Grant for his work on design rights, and in particular for his article:

    Not for Designers: On the Inadequacies of EU Design Law and How to Fix It, JIPITEC, 2013-3, p. 225-248.

    The Grant is a small recognition that the Shuttleworth Foundation gives to innovative ideas in order to favour their further development. 

     

     

    Abstract of the article:
    Design rights represent an interesting example of how the EU legislature has successfully regulated an otherwise heterogeneous field of law. Yet this type of protection is not for all. The tools created by EU intervention have been drafted paying much more attention to the industry sector rather than to designers themselves. In particular, modern, digitally based, individual or small-sized, 3D printing, open designers and their needs are largely neglected by such legislation. There is obviously nothing wrong in drafting legal tools around the needs of an industrial sector with an important role in the EU economy, on the contrary, this is a legitimate and good decision of industrial policy. However, good legislation should be fair, balanced, and (technologically) neutral in order to offer suitable solutions to all the players in the market, and all the citizens in the society, without discriminating the smallest or the newest: the cost would be to stifle innovation. The use of printing machinery to manufacture physical objects created digitally thanks to computer programs such as Computer-Aided Design (CAD) software has been in place for quite a few years, and it is actually the standard in many industrial fields, from aeronautics to home furniture. The change in recent years that has the potential to be a paradigm-shifting factor is a combination between the opularization of such technologies (price, size, usability, quality) and the diffusion of a culture based on access to and reuse of knowledge. We will call this blend Open Design. It is probably still too early, however, to say whether 3D printing will be used in the future to refer to a major event in human history, or instead will be relegated to a lonely Wikipedia entry similarly to ³Betamax² (copyright scholars are familiar with it for other reasons). It is not too early, however, to develop a legal analysis that will hopefully contribute to clarifying the major issues found in current EU design law structure, why many modern open designers will probably find better protection in copyright, and whether they can successfully rely on open licenses to achieve their goals. With regard to the latter point, we will use Creative Commons (CC) licenses to test our hypothesis due to their unique characteristic to be modular, i.e. to have different license elements (clauses) that licensors can choose in order to adapt the license to their own needs.

    09-01-2015

Thomas Margoni

Publications

Angelopoulos, C., Brody, A., Hins, A., Hugenholtz, P., Margoni, T., McGonagle, T., van Daalen, O., van Hoboken, J.

Study of fundamental rights limitations for online enforcement through self-regulation

2016, (Study supported by the Open Society Foundations, 96 pp. ).

Links | BibTeX

Guibault, L., Margoni, T.

Legal aspects of open access to publicly funded research

2015.

Abstract | Links | BibTeX

Margoni, T., van Rompuy, B.

UK Horserace Betting Right: at odds with EU law?

2015, ( Opinion. ).

Abstract | Links | BibTeX

Margoni, T.

The digitisation of cultural heritage: originality, derivative works and (non) original photographs

2015.

Abstract | Links | BibTeX

Keller, P., Margoni, T., Rybicka, K., Tarkowski, A.

Re-use of public sector information in cultural heritage institutions

International Free and Open Source Software Law Review, 6 (1), pp. 1-9., 2015.

Abstract | Links | BibTeX

Margoni, T., van Rompuy, B.

Study on sports organisers' rights in the European Union

Luxembourg, 2014, ( Report prepared by the T.M.C. Asser Instituut (Asser International Sport Law Centre) and the Institute for Information Law of the University of Amsterdam, for the European Commission, DG Education and Culture. See also the <a href="http://www.adobe.com/products/acrobat/readstep2.html" target="_blank"><img border="0" height="10" src="http://www.ivir.nl/images/pdf-icon.gif" width="11" /></a> <a href="http://ec.europa.eu/sport/news/2014/docs/study-sor2014-executive-summary-gc-compatible_en.pdf" target="_blank"><span style="color:#bc0031;"> executive summary</span></a>. ).

Abstract | Links | BibTeX

Margoni, T.

Not for Designers: On the Inadequacies of EU Design Law and How to Fix It

JIPITEC, (3), pp. 225-248, 2014.

Abstract | Links | BibTeX

Guibault, L., Margoni, T.

Safe to be open: Study on the protection of research data and recommendations for access and usage

2013, ISBN: 9783863951474, ( With contributions by Nils Dietrich, Lucie Guibault, Thomas Margoni, Krzysztof Siewicz, Gerald Spindler and Andreas Wiebe. See also the <a href="/syscontent/uploads/2013_12_19_dd3e185ee06e75e52a34b728b28e8488"><span style="color: rgb(178, 34, 34);">summary of findings</span></a> ).

Links | BibTeX

Margoni, T.

Open design? 3D printing and open license

2013.

Links | BibTeX

Margoni, T., Perry, M.

Deep Pockets, Packets, and Harbours: Never the Three Shall Meet

Ohio State Law Journal, (6), pp. 1196-1216., 2013.

Abstract | Links | BibTeX

Margoni, T.

The Roles of Material Transfer Agreements in Genetics Databases and Bio-Banks, in: Comparative Issues in the Governance of Research Biobanks

2013, ISBN: 9783642331152.

Links | BibTeX

Margoni, T.

Ownership in Complex Authorship: A Comparative Study of Joint Works

(1), pp. 22-32., 2012.

Abstract | Links | BibTeX

Margoni, T.

Scientific and Critical Editions of Public Domain Works: An Example of European Copyright Law (Dis)Harmonization

Canadian Intellectual Property Review, (1), pp. 157-170., 2012.

Abstract | Links | BibTeX

Margoni, T.

Eccezioni e limitazioni al diritto d'autore in Internet

Giurisprudenza Italiana, (8/9), pp. 1959 ev, 2012.

Links | BibTeX

Margoni, T.

Clarifying privacy in the Clouds

2012.

Abstract | Links | BibTeX

Margoni, T.

Legal consequences of packet inspection

2012.

Abstract | Links | BibTeX

Margoni, T.

From music tracks to Google maps: Who owns computer-generated works?

Computer Law & Security Review, (6), pp. 621-629, 2012.

Abstract | Links | BibTeX

Margoni, T.

Free-Libre Open Source Software as a Public Policy Choice

International Journal on Advances in Internet Technology, (4), pp. 212-222, 2012.

Abstract | Links | BibTeX

Margoni, T.

Interpreting 'Network Discrimination' in the CRTC and FCC

Digital Society, pp. 6, 2012.

Abstract | Links | BibTeX

Margoni, T.

Il Three-Step Test nel diritto d'autore: tra necessità di bilanciamento e mancanza di ragionevolezza

Diritto dell'informazione e dell'informatica, (1), pp. 14, 2012.

Links | BibTeX

Ciurcina, M., Margoni, T., Martin, J.C. de, Morando, F., Ricolfi, M.

Remunerating creativity, freeing knowledge: File sharing and extended collective licenses

30.03.2012, ( Position Paper Nexa Center for Internet and Society, 2009. ).

Links | BibTeX

Margoni, T.

E-learning, corsi on-line e diritto d'autore

Diritto dell'Internet, (6), pp. 22, 2012.

Links | BibTeX