Keyword: Copyright

International copyright reform in support of open legal information (working paper draft, Sep. 2016) external link

van Eechoud, M. & Guibault, L.
2016

Abstract

This paper analyzes the status of legal information under international and national copyright laws. It argues that the current uncertainties with respect to the copyright status of primary legal materials (legislation, court decisions) and secondary legal materials such as parliamentary records and other official texts relevant to the interpretation of law, constitute a barrier to access and use. The time has come for reform of the international copyright system in WIPO. International law should recognize explicitly that primary and secondary legal materials are public domain and thus not subject to copyright or related rights. This will bring outdated copyright norms across the world up to date with current developments: the trend towards universal recognition of the right to access government information as part of human rights, the UN’s sustainable development goals with respect to access to law, and the rapid growth of open government policies worldwide, supported by the Open Government Partnership (OGP).

access to law, Copyright, Freedom of expression, frontpage, Fundamental rights, open government, right to know

Bibtex

Article{vanEechoud2016, title = {International copyright reform in support of open legal information (working paper draft, Sep. 2016)}, author = {van Eechoud, M. and Guibault, L.}, url = {http://www.ivir.nl/publicaties/download/OpendataCopyrightReform_ODRSdraft-WP_sep16.pdf}, year = {0930}, date = {2016-09-30}, abstract = {This paper analyzes the status of legal information under international and national copyright laws. It argues that the current uncertainties with respect to the copyright status of primary legal materials (legislation, court decisions) and secondary legal materials such as parliamentary records and other official texts relevant to the interpretation of law, constitute a barrier to access and use. The time has come for reform of the international copyright system in WIPO. International law should recognize explicitly that primary and secondary legal materials are public domain and thus not subject to copyright or related rights. This will bring outdated copyright norms across the world up to date with current developments: the trend towards universal recognition of the right to access government information as part of human rights, the UN’s sustainable development goals with respect to access to law, and the rapid growth of open government policies worldwide, supported by the Open Government Partnership (OGP).}, keywords = {access to law, Copyright, Freedom of expression, frontpage, Fundamental rights, open government, right to know}, }

Europeana Sounds and Copyrights: The Need for and Challenges in Licensing Archival Material external link

Schroff, S.
2015

collective management, Copyright, Europeana, Licensing

Bibtex

Report{Schroff2015, title = {Europeana Sounds and Copyrights: The Need for and Challenges in Licensing Archival Material}, author = {Schroff, S.}, url = {http://pro.europeana.eu/files/Europeana_Professional/Projects/Project_list/Europeana_Sounds/Other%20documents%20related%20to%20the%20project/Europeana%20Report%20by%20IVIR%20final.pdf}, year = {1223}, date = {2015-12-23}, keywords = {collective management, Copyright, Europeana, Licensing}, }

Regulating for Creativity and Cultural Diversity: the Case of Collective Management Organisations and the Music Industry external link

Street, J., Laing, D. & Schroff, S.
International Journal of Cultural Policy, pp: 1-16, 2017

Abstract

This paper explores the role of intermediary institutions in promoting creativity and cultural diversity in the music industry, and the impact of cultural policy on the performance of those intermediaries. It reviews some of the existing literature on the relationship between economic conditions and innovation in music, and argues that too little attention has been paid to intermediaries. Focusing on collective management organisations (CMOs) as one example of overlooked intermediaries, we illustrate, by way of comparison, the different priorities and incentives that drive CMO practice. These variations, we suggest, are important to appreciating how CMOs operate as intermediaries in different territories. We then turn our attention to recent attempts by the EU to reform CMO practice as part of its Digital Single Market project. The fact that the CMO has been an object of reform is indicative of its importance. However, there is more at stake here: the reforms themselves, in seeking to change the role and behaviour of CMOs will, we suggest, have profound consequences for the market in music in Europe, and for creativity and cultural diversity within that market.

collective management organisations, Copyright, creativity, cultural diversity, Digital Single Market, EU, frontpage, music industry

Bibtex

Article{Street2016, title = {Regulating for Creativity and Cultural Diversity: the Case of Collective Management Organisations and the Music Industry}, author = {Street, J. and Laing, D. and Schroff, S.}, url = {http://www.tandfonline.com/doi/full/10.1080/10286632.2016.1178733}, doi = {https://doi.org/http://dx.doi.org/10.1080/10286632.2016.1178733}, year = {0117}, date = {2017-01-17}, journal = {International Journal of Cultural Policy}, abstract = {This paper explores the role of intermediary institutions in promoting creativity and cultural diversity in the music industry, and the impact of cultural policy on the performance of those intermediaries. It reviews some of the existing literature on the relationship between economic conditions and innovation in music, and argues that too little attention has been paid to intermediaries. Focusing on collective management organisations (CMOs) as one example of overlooked intermediaries, we illustrate, by way of comparison, the different priorities and incentives that drive CMO practice. These variations, we suggest, are important to appreciating how CMOs operate as intermediaries in different territories. We then turn our attention to recent attempts by the EU to reform CMO practice as part of its Digital Single Market project. The fact that the CMO has been an object of reform is indicative of its importance. However, there is more at stake here: the reforms themselves, in seeking to change the role and behaviour of CMOs will, we suggest, have profound consequences for the market in music in Europe, and for creativity and cultural diversity within that market.}, keywords = {collective management organisations, Copyright, creativity, cultural diversity, Digital Single Market, EU, frontpage, music industry}, }

Response to the European Commission’s Public Consultation on the Review of the EU Satellite and Cable Directive external link

Xalabarder, R., Vivant, M., Rognstad, O., Ricolfi, M., Peukert, A., Metzger, A., Kretschmer, M., Griffiths, J., Geiger, C., Dusollier, S., Bently, L., Benabou, V., Dinwoodie, G. & Hugenholtz, P.
2015

Copyright

Bibtex

Other{Hugenholtz2015, title = {Response to the European Commission’s Public Consultation on the Review of the EU Satellite and Cable Directive}, author = {Xalabarder, R. and Vivant, M. and Rognstad, O. and Ricolfi, M. and Peukert, A. and Metzger, A. and Kretschmer, M. and Griffiths, J. and Geiger, C. and Dusollier, S. and Bently, L. and Benabou, V. and Dinwoodie, G. and Hugenholtz, P.}, url = {http://ivir00.websites.xs4all.nl/wp-content/uploads/2016/08/237.pdf}, year = {2015}, date = {2015-11-15}, keywords = {Copyright}, }

Answer to the EC Consultation on the ‘panorama exception’ external link

Derclaye E., Xalabarder, R., Vivant, M., Rognstad, O., Ricolfi, M., Peukert, A., Metzger, A., Kretschmer, M., Griffiths, J., Geiger, C., Dusollier, S., Bently, L., Benabou, V., Dinwoodie, G. & Hugenholtz, P.
2016

Copyright, frontpage

Bibtex

Other{Hugenholtz2016b, title = {Answer to the EC Consultation on the ‘panorama exception’}, author = {Derclaye E. and Xalabarder, R. and Vivant, M. and Rognstad, O. and Ricolfi, M. and Peukert, A. and Metzger, A. and Kretschmer, M. and Griffiths, J. and Geiger, C. and Dusollier, S. and Bently, L. and Benabou, V. and Dinwoodie, G. and Hugenholtz, P.}, url = {http://ivir00.websites.xs4all.nl/wp-content/uploads/2016/08/236.pdf}, year = {2016}, date = {2016-07-15}, keywords = {Copyright, frontpage}, }

Answer to the EC Consultation on the role of publishers in the copyright value chain external link

Hugenholtz, P., Dinwoodie, G., Benabou, V., Bently, L., Dusollier, S., Geiger, C., Griffiths, J., Metzger, A., Xalabarder, R., Peukert, A., Ricolfi, M., Rognstad, O. & Vivant, M.
2016

Copyright, frontpage

Bibtex

Other{Hugenholtz2016, title = {Answer to the EC Consultation on the role of publishers in the copyright value chain}, author = {Hugenholtz, P. and Dinwoodie, G. and Benabou, V. and Bently, L. and Dusollier, S. and Geiger, C. and Griffiths, J. and Metzger, A. and Xalabarder, R. and Peukert, A. and Ricolfi, M. and Rognstad, O. and Vivant, M.}, url = {http://ivir00.websites.xs4all.nl/wp-content/uploads/2000/05/235-1-1.pdf}, year = {2016}, date = {2016-06-15}, keywords = {Copyright, frontpage}, }

Individual Licensing Models and Consumer Protection external link

Guibault, L.
2016

Abstract

Copyright law is not primarily directed at consumers. Their interests are therefore only marginally accounted for, as the copyright rules exempt specific uses of works from the right holder’s control. This chapter examines the impact of digital technology on the position of consumers of licensed copyrighted content. While ownership of the physical embodiment of a work does not entail the ownership of the rights in the work, how does copyright law deal with ‘disembodied’ works? Whereas digital content is now commonly distributed on the basis of individual licensing schemes, what does it mean for consumers? Do they have a claim under consumer protection law against copyright owners for the impossibility to make a copy for private purposes, the lack of interoperability between devices, and the geo-blocking of their account?

Auteursrecht, Consumer law, consumer protection, Copyright, digital content, geo-blocking, Intellectuele eigendom, interoperability, private copying

Bibtex

Other{nokey, title = {Individual Licensing Models and Consumer Protection}, author = {Guibault, L.}, url = {http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2713765}, year = {2016}, date = {2016-02-05}, abstract = {Copyright law is not primarily directed at consumers. Their interests are therefore only marginally accounted for, as the copyright rules exempt specific uses of works from the right holder’s control. This chapter examines the impact of digital technology on the position of consumers of licensed copyrighted content. While ownership of the physical embodiment of a work does not entail the ownership of the rights in the work, how does copyright law deal with ‘disembodied’ works? Whereas digital content is now commonly distributed on the basis of individual licensing schemes, what does it mean for consumers? Do they have a claim under consumer protection law against copyright owners for the impossibility to make a copy for private purposes, the lack of interoperability between devices, and the geo-blocking of their account?}, keywords = {Auteursrecht, Consumer law, consumer protection, Copyright, digital content, geo-blocking, Intellectuele eigendom, interoperability, private copying}, }

Cultural Heritage Online? Settle it in the Country of Origin of the Work external link

Guibault, L.
JIPITEC, num: 3, pp: 173-191., 2016

Abstract

This article examines the conditions under which a system of extended collective licensing (ECL) for the use of works contained in the collections of cultural heritage institutions (CHIs) participating in Europeana could function within a cross-border basis. ECL is understood as a form of collective rights management whereby the application of freely negotiated copyright licensing agreements between a user and a collective management organisation (“CMO”), is extended by law to non-members of the organisation. ECL regimes have already been put in place in a few Member States and so far, all have the ability to apply only on a national basis. This article proposes a mechanism that would allow works licensed under an ECL system in one territory of the European Union to be made available in all the territories of the Union. The proposal rests on the statutory recognition of the “country of origin” principle, as necessary and sufficient territory for the negotiation and application of an ECL solution for the rights clearance of works contained in the collection of a cultural heritage institution, including orphan works.

Auteursrecht, Copyright, cross-border access, cultural heritage, extended collective licensing, Intellectuele eigendom

Bibtex

Article{nokey, title = {Cultural Heritage Online? Settle it in the Country of Origin of the Work}, author = {Guibault, L.}, url = {http://www.ivir.nl/publicaties/download/1722.pdf}, year = {2016}, date = {2016-01-19}, journal = {JIPITEC}, number = {3}, abstract = {This article examines the conditions under which a system of extended collective licensing (ECL) for the use of works contained in the collections of cultural heritage institutions (CHIs) participating in Europeana could function within a cross-border basis. ECL is understood as a form of collective rights management whereby the application of freely negotiated copyright licensing agreements between a user and a collective management organisation (“CMO”), is extended by law to non-members of the organisation. ECL regimes have already been put in place in a few Member States and so far, all have the ability to apply only on a national basis. This article proposes a mechanism that would allow works licensed under an ECL system in one territory of the European Union to be made available in all the territories of the Union. The proposal rests on the statutory recognition of the “country of origin” principle, as necessary and sufficient territory for the negotiation and application of an ECL solution for the rights clearance of works contained in the collection of a cultural heritage institution, including orphan works.}, keywords = {Auteursrecht, Copyright, cross-border access, cultural heritage, extended collective licensing, Intellectuele eigendom}, }

Russia’s new anti-piracy law: A critical analysis external link

Yakovleva, S.
European Intellectual Property Review, num: 9, pp: 608-613., 2015

Abstract

This article analyses Russia's  new anti-piracy law aimed at improving online enforcement of copyright and related rights. The article places the new developments in the context of the prior intellctual property rights enforcement regime and Russia's international and constitutional obligations to secure the right to freedom of expression. The author discusses and critically assesses the most important changes introduced by the new law, and draws conclusions about their correlation with freedom of expression, overall effectiveness and the impact on right holders, internet users and the internet industry.

Auteursrecht, blocking injunctions, Copyright, enforcement, Intellectuele eigendom, interim injunctions, online infringement, Russia

Bibtex

Article{nokey, title = {Russia’s new anti-piracy law: A critical analysis}, author = {S. and Yakovleva}, url = {http://www.ivir.nl/publicaties/download/1690.pdf}, year = {1127}, date = {2015-11-27}, journal = {European Intellectual Property Review}, number = {9}, abstract = {This article analyses Russia\'s  new anti-piracy law aimed at improving online enforcement of copyright and related rights. The article places the new developments in the context of the prior intellctual property rights enforcement regime and Russia\'s international and constitutional obligations to secure the right to freedom of expression. The author discusses and critically assesses the most important changes introduced by the new law, and draws conclusions about their correlation with freedom of expression, overall effectiveness and the impact on right holders, internet users and the internet industry.}, keywords = {Auteursrecht, blocking injunctions, Copyright, enforcement, Intellectuele eigendom, interim injunctions, online infringement, Russia}, }

Sketching the outline of a ghost: the fair balance between copyright and fundamental rights in intermediary third party liability external link

Angelopoulos, C.
Info, num: 6, pp: 72-96., 2015

Auteursrecht, Copyright, Electronic commerce, European law, Information media, Intellectuele eigendom, Internet

Bibtex

Article{nokey, title = {Sketching the outline of a ghost: the fair balance between copyright and fundamental rights in intermediary third party liability}, author = {Angelopoulos, C.}, url = {http://www.emeraldinsight.com/doi/pdfplus/10.1108/info-05-2015-0028}, year = {2015}, date = {2015-09-01}, journal = {Info}, number = {6}, keywords = {Auteursrecht, Copyright, Electronic commerce, European law, Information media, Intellectuele eigendom, Internet}, }