Advocate General Turns down the Music – Sampling Is Not a Fundamental Right under EU Copyright Law

Advocate General Turns down the Music – Sampling Is Not a Fundamental Right under EU Copyright Law external link

Jütte, B. & Quintais, J.

European Intellectual Property Review , vol. 41, num: 10, pp: 654-657, 2019

Abstract

In his Opinion in Pelham (C-467/17) Advocate General Szpunar suggests that the use of samples from sound recordings is not permitted under the European copyright rules. While applying an extensive interpretation of the scope of the rights of phonogram producers, he rejects an extensive interpretation of the quotation exception and limits the role of fundamental rights as external checks to copyright law. Despite its merits, there are key aspects of the Opinion that raise concerns: a too broad interpretation of the reproduction right; and an unduly strict view of copyright exceptions – especially quotation – and the role of fundamental rights in shaping the scope of copyright protection. On those points, we suggest that the Court does not follow the Opinion.

Links

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3377205

Copyright, EU law, Freedom of expression, frontpage, Fundamental rights, limitations and exceptions, music sampling

RIS

TY  - JOUR
AU  - Jütte, B.
AU  - Quintais, J.
PY  - 2019
DA  - 2019-05-09
T1  - Advocate General Turns down the Music – Sampling Is Not a Fundamental Right under EU Copyright Law
JO  - European Intellectual Property Review 
VL  - 41
NV  - 10
SP  - 654-657
UR  - https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3377205
AB  - In his Opinion in Pelham (C-467/17) Advocate General Szpunar suggests that the use of samples from sound recordings is not permitted under the European copyright rules. While applying an extensive interpretation of the scope of the rights of phonogram producers, he rejects an extensive interpretation of the quotation exception and limits the role of fundamental rights as external checks to copyright law. Despite its merits, there are key aspects of the Opinion that raise concerns: a too broad interpretation of the reproduction right; and an unduly strict view of copyright exceptions – especially quotation – and the role of fundamental rights in shaping the scope of copyright protection. On those points, we suggest that the Court does not follow the Opinion.
K1  - Copyright
K1  - EU law
K1  - Freedom of expression
K1  - frontpage
K1  - Fundamental rights
K1  - limitations and exceptions
K1  - music sampling
ER  -

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Article{Jütte2019,
	title = {Advocate General Turns down the Music – Sampling Is Not a Fundamental Right under EU Copyright Law},
	author = {Jütte, B. and Quintais, J.},
	year = {2019},
	date = {2019-05-09},
	journal = {European Intellectual Property Review },
	volume = {41},
	number = {10},
	pages = {654-657},
	abstract = {In his Opinion in Pelham (C-467/17) Advocate General Szpunar suggests that the use of samples from sound recordings is not permitted under the European copyright rules. While applying an extensive interpretation of the scope of the rights of phonogram producers, he rejects an extensive interpretation of the quotation exception and limits the role of fundamental rights as external checks to copyright law. Despite its merits, there are key aspects of the Opinion that raise concerns: a too broad interpretation of the reproduction right; and an unduly strict view of copyright exceptions – especially quotation – and the role of fundamental rights in shaping the scope of copyright protection. On those points, we suggest that the Court does not follow the Opinion.},
	keywords = {Copyright, EU law, Freedom of expression, frontpage, Fundamental rights, limitations and exceptions, music sampling},
}

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German Federal Court of Justice asks CJEU if YouTube is directly liable for user-uploaded content external link

Mil, J. van

Journal of Intellectual Property Law & Practice , vol. 14, num: 5, pp: 355-356, 2019

Abstract

On 13 September 2018, the German Federal Court of Justice referred preliminary questions to the Court of Justice of the European Union, including the question whether YouTube performs acts of communication to the public when its users upload unauthorized content onto this platform.

Links

https://doi.org/10.1093/jiplp/jpz034

communication to the public, Copyright, duitsland, frontpage, YouTube

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The EU Counterfeit & Piracy Watch List: political aims and legal challenges external link

Delinavelli, G.

Kluwer Copyright Blog, vol. 2019, 2019

Links

http://copyrightblog.kluweriplaw.com/2019/03/05/the-eu-counterfeit-piracy-watch-list-political-aims-and-legal-challenges/

Copyright, enforcement, European Union, frontpage, infringement, piracy

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An alternative universe? Authors as copyright owners- the case of the Japanese Manga Industry external link

Schroff, S.

Creative Industries Journal, vol. 2019, 2019

Abstract

Comics today are a major business and they form the source material for a whole range of sectors in the creative industries. In an environment where major investments are necessary to turn a comic into a cross-media success, commercial intermediaries such as Disney have become the key copyright holders. By controlling the copyright, they ensure full control over all aspects of its monetisation. However, this is not the only way success can be achieved on a commercial scale. In Japan, the creators of comics (Mangaka) keep their copyright- a direct contradiction to current copyright thinking. This paper addresses this conundrum by examining both the Manga business and copyright law to identify if the reasons why copyright is not centralised in the hands of the commercial intermediary, especially the publishers. The analysis will show that while there are differences between Japan and the EU/US, but these do not affect the role of copyright law and indeed failing to acquire the rights is a choice, not a necessity. Instead, this article will highlight that the competitive Manga market in combination with the uniquely Japanese publication right and social control best explain why Mangas are successful and Mangaka keep their rights.

Links

https://www.tandfonline.com/doi/full/10.1080/17510694.2018.1563420

business model, commercial intermediaries, Copyright, frontpage, Japan, Manga, windowing strategy

RIS

TY  - JOUR
AU  - S.
AU  - Schroff
PY  - 0131
DA  - 2019-01-31
T1  - An alternative universe? Authors as copyright owners- the case of the Japanese Manga Industry
JO  - Creative Industries Journal
VL  - 2019
UR  - https://www.tandfonline.com/doi/full/10.1080/17510694.2018.1563420
AB  - Comics today are a major business and they form the source material for a whole range of sectors in the creative industries. In an environment where major investments are necessary to turn a comic into a cross-media success, commercial intermediaries such as Disney have become the key copyright holders. By controlling the copyright, they ensure full control over all aspects of its monetisation. However, this is not the only way success can be achieved on a commercial scale. In Japan, the creators of comics (Mangaka) keep their copyright- a direct contradiction to current copyright thinking. This paper addresses this conundrum by examining both the Manga business and copyright law to identify if the reasons why copyright is not centralised in the hands of the commercial intermediary, especially the publishers. The analysis will show that while there are differences between Japan and the EU/US, but these do not affect the role of copyright law and indeed failing to acquire the rights is a choice, not a necessity. Instead, this article will highlight that the competitive Manga market in combination with the uniquely Japanese publication right and social control best explain why Mangas are successful and Mangaka keep their rights.
K1  - business model
K1  - commercial intermediaries
K1  - Copyright
K1  - frontpage
K1  - Japan
K1  - Manga
K1  - windowing strategy
ER  -

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Bibtex

Article{Schroff2019,
	title = {An alternative universe? Authors as copyright owners- the case of the Japanese Manga Industry},
	author = {S. and Schroff},
	year = {0131},
	date = {2019-01-31},
	journal = {Creative Industries Journal},
	volume = {2019},
	abstract = {Comics today are a major business and they form the source material for a whole range of sectors in the creative industries. In an environment where major investments are necessary to turn a comic into a cross-media success, commercial intermediaries such as Disney have become the key copyright holders. By controlling the copyright, they ensure full control over all aspects of its monetisation. However, this is not the only way success can be achieved on a commercial scale. In Japan, the creators of comics (Mangaka) keep their copyright- a direct contradiction to current copyright thinking. This paper addresses this conundrum by examining both the Manga business and copyright law to identify if the reasons why copyright is not centralised in the hands of the commercial intermediary, especially the publishers. The analysis will show that while there are differences between Japan and the EU/US, but these do not affect the role of copyright law and indeed failing to acquire the rights is a choice, not a necessity. Instead, this article will highlight that the competitive Manga market in combination with the uniquely Japanese publication right and social control best explain why Mangas are successful and Mangaka keep their rights.},
	keywords = {business model, commercial intermediaries, Copyright, frontpage, Japan, Manga, windowing strategy},
}

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Truce in the Copyright War? The Pros and Cons of Copyright Compensation Systems for Digital Use external link

Handke, C.W., Quintais, J. & Bodó, B.

Review of Economic Research on Copyright Issues, vol. 15, num: 2, pp: 23-56, 2019

Abstract

This paper discusses copyright compensation systems (CCS) -- that provide licenses for downloading and non-commercial use of copyright works in return for a fee -- in the light of welfare economics and transaction cost economics. Recent empirical studies suggest that CCS could improve social welfare at least for recorded music. The general theme of the theoretical discussion in this paper is a simplicity-flexibility trade-off. On the one hand, CCS seek to reduce the costs of administering and trading copyrights online. On the other hand, standard copyright licenses distort the market mechanism. This paper discusses the costs and benefits of various CCS proposals compared to alternative ways of managing copyright online.

Links

https://ssrn.com/abstract=3311019

compensation systems, Copyright, frontpage

RIS

TY  - JOUR
AU  - Handke, C.W.
AU  - Quintais, J.
AU  - Bodó, B.
PY  - 2019
DA  - 2019-01-16
T1  - Truce in the Copyright War? The Pros and Cons of Copyright Compensation Systems for Digital Use
JO  - Review of Economic Research on Copyright Issues
VL  - 15
NV  - 2
SP  - 23-56
UR  - https://ssrn.com/abstract=3311019
AB  - This paper discusses copyright compensation systems (CCS) -- that provide licenses for downloading and non-commercial use of copyright works in return for a fee -- in the light of welfare economics and transaction cost economics. Recent empirical studies suggest that CCS could improve social welfare at least for recorded music. The general theme of the theoretical discussion in this paper is a simplicity-flexibility trade-off. On the one hand, CCS seek to reduce the costs of administering and trading copyrights online. On the other hand, standard copyright licenses distort the market mechanism. This paper discusses the costs and benefits of various CCS proposals compared to alternative ways of managing copyright online.
K1  - compensation systems
K1  - Copyright
K1  - frontpage
ER  -

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Bibtex

Article{HandkeBodoQuintais2018,
	title = {Truce in the Copyright War? The Pros and Cons of Copyright Compensation Systems for Digital Use},
	author = {Handke, C.W. and Quintais, J. and Bodó, B.},
	year = {2019},
	date = {2019-01-16},
	journal = {Review of Economic Research on Copyright Issues},
	volume = {15},
	number = {2},
	pages = {23-56},
	abstract = {This paper discusses copyright compensation systems (CCS) -- that provide licenses for downloading and non-commercial use of copyright works in return for a fee -- in the light of welfare economics and transaction cost economics. Recent empirical studies suggest that CCS could improve social welfare at least for recorded music. The general theme of the theoretical discussion in this paper is a simplicity-flexibility trade-off. On the one hand, CCS seek to reduce the costs of administering and trading copyrights online. On the other hand, standard copyright licenses distort the market mechanism. This paper discusses the costs and benefits of various CCS proposals compared to alternative ways of managing copyright online.},
	keywords = {compensation systems, Copyright, frontpage},
}

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Thou shalt not sample…without permission! external link

Quintais, J. & Jütte, B.J.

Kluwer Copyright Blog, vol. 2019, 2019

Links

http://copyrightblog.kluweriplaw.com/2019/01/02/thou-shalt-not-sample-without-permission/

Copyright, frontpage, sampling

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Protecting traditional cultural expressions – copyright tensions and human rights opportunities? external link

Breemen, J.

Critical Indigenous Rights Studies, Routledge, 0928, pp: 108-133, ISBN: 9781138729339

Abstract

The protection of traditional cultural expressions (TCEs) is not a straightforward issue. At first sight, characteristics of TCEs and their protection suggest similarity to copyright works. However, TCE protection should not be viewed as simply an (isolated) intellectual property issue. Rather, the protection of TCEs is part of a broader (political) context and struggle for rights. The chapter focuses on showing the complexity of the interrelation between copyright and indigenous peoples’ rights. It argues that a cultural and indigenous rights perspective could help address tensions deriving from differing worldviews, the application of dominant, existing legal frameworks and diverging understandings of protecting creativity and works of culture.

Links

https://www.routledge.com/Critical-Indigenous-Rights-Studies/Corradi-de-Feyter-Desmet-Vanhees/p/book/9781138729339

Copyright, crossing legal boundaries, cultural rights, frontpage, indigenous rights, Intellectual property, protection issues, TCEs, traditional cultural expressions, UN Declaration on the Rights of Indigenous Peoples, WIPO

RIS

TY  - CHAP
AU  - Breemen, J.
PY  - 0928
DA  - 2018-09-28
T1  - Protecting traditional cultural expressions – copyright tensions and human rights opportunities?
SP  - 108-133
UR  - https://www.routledge.com/Critical-Indigenous-Rights-Studies/Corradi-de-Feyter-Desmet-Vanhees/p/book/9781138729339
AB  - The protection of traditional cultural expressions (TCEs) is not a straightforward issue. At first sight, characteristics of TCEs and their protection suggest similarity to copyright works. However, TCE protection should not be viewed as simply an (isolated) intellectual property issue. Rather, the protection of TCEs is part of a broader (political) context and struggle for rights. The chapter focuses on showing the complexity of the interrelation between copyright and indigenous peoples’ rights. It argues that a cultural and indigenous rights perspective could help address tensions deriving from differing worldviews, the application of dominant, existing legal frameworks and diverging understandings of protecting creativity and works of culture.
K1  - Copyright
K1  - crossing legal boundaries
K1  - cultural rights
K1  - frontpage
K1  - indigenous rights
K1  - Intellectual property
K1  - protection issues
K1  - TCEs
K1  - traditional cultural expressions
K1  - UN Declaration on the Rights of Indigenous Peoples
K1  - WIPO
ER  -

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Bibtex

Chapter{Breemen2018f,
	title = {Protecting traditional cultural expressions – copyright tensions and human rights opportunities?},
	author = {Breemen, J.},
	year = {0928},
	date = {2018-09-28},
	pages = {108-133},
	abstract = {The protection of traditional cultural expressions (TCEs) is not a straightforward issue. At first sight, characteristics of TCEs and their protection suggest similarity to copyright works. However, TCE protection should not be viewed as simply an (isolated) intellectual property issue. Rather, the protection of TCEs is part of a broader (political) context and struggle for rights. The chapter focuses on showing the complexity of the interrelation between copyright and indigenous peoples’ rights. It argues that a cultural and indigenous rights perspective could help address tensions deriving from differing worldviews, the application of dominant, existing legal frameworks and diverging understandings of protecting creativity and works of culture.},
	keywords = {Copyright, crossing legal boundaries, cultural rights, frontpage, indigenous rights, Intellectual property, protection issues, TCEs, traditional cultural expressions, UN Declaration on the Rights of Indigenous Peoples, WIPO},
}

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Before the Singularity: Copyright and the Challenges of Artificial Intelligence external link

González Otero, B., & Quintais, J.

Links

http://copyrightblog.kluweriplaw.com/2018/09/25/singularity-copyright-challenges-artificial-intelligence/

Artificial intelligence, Copyright, frontpage

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Blockchain and smart contracts: the missing link in copyright licensing? external link

Bodó, B., Gervais, D.J. & Quintais, J.

International Journal of Law and Information Technology, vol. 2018, num: 4, pp: 311-336, 2018

Abstract

This article offers a normative analysis of key blockchain technology concepts from the perspective of copyright law. Some features of blockchain technologies—scarcity, trust, transparency, decentralized public records and smart contracts—seem to make this technology compatible with the fundamentals of copyright. Authors can publish works on blockchain creating a quasi-immutable record of initial ownership, and encode ‘smart’ contracts to license the use of works. Remuneration may happen on online distribution platforms where the smart contracts reside. In theory, such an automated setup allows for the private ordering of copyright. Blockchain technology, like Digital Rights Management 20 years ago, is thus presented as an opportunity to reduce market friction, and increase both licensing efficiency and the autonomy of creators. Yet, some of the old problems remain. The article examines the differences between new, smart-contract-based private ordering regime and the fundamental components of copyright law, such as exceptions and limitations, the doctrine of exhaustion, restrictions on formalities, the public domain and fair remuneration.

Links

blockchain, Copyright, frontpage, Licensing, smart contracts

RIS

TY  - JOUR
AU  - Bodó, B.
AU  - Gervais, D.J.
AU  - Quintais, J.
PY  - 0927
DA  - 2018-09-27
T1  - Blockchain and smart contracts: the missing link in copyright licensing?
JO  - International Journal of Law and Information Technology
VL  - 2018
NV  - 4
SP  - 311-336
UR  - https://www.ivir.nl/publicaties/download/IJLIT_2018.pdf
https://academic.oup.com/ijlit/advance-article/doi/10.1093/ijlit/eay014/5106727
DO  - https://doi.org/10.1093/ijlit/eay014
AB  - This article offers a normative analysis of key blockchain technology concepts from the perspective of copyright law. Some features of blockchain technologies—scarcity, trust, transparency, decentralized public records and smart contracts—seem to make this technology compatible with the fundamentals of copyright. Authors can publish works on blockchain creating a quasi-immutable record of initial ownership, and encode ‘smart’ contracts to license the use of works. Remuneration may happen on online distribution platforms where the smart contracts reside. In theory, such an automated setup allows for the private ordering of copyright. Blockchain technology, like Digital Rights Management 20 years ago, is thus presented as an opportunity to reduce market friction, and increase both licensing efficiency and the autonomy of creators. Yet, some of the old problems remain. The article examines the differences between new, smart-contract-based private ordering regime and the fundamental components of copyright law, such as exceptions and limitations, the doctrine of exhaustion, restrictions on formalities, the public domain and fair remuneration.
K1  - blockchain
K1  - Copyright
K1  - frontpage
K1  - Licensing
K1  - smart contracts
ER  -

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Bibtex

Article{Bodó2018d,
	title = {Blockchain and smart contracts: the missing link in copyright licensing?},
	author = {Bodó, B. and Gervais, D.J. and Quintais, J.},
	doi = {https://doi.org/10.1093/ijlit/eay014},
	year = {0927},
	date = {2018-09-27},
	journal = {International Journal of Law and Information Technology},
	volume = {2018},
	number = {4},
	pages = {311-336},
	abstract = {This article offers a normative analysis of key blockchain technology concepts from the perspective of copyright law. Some features of blockchain technologies—scarcity, trust, transparency, decentralized public records and smart contracts—seem to make this technology compatible with the fundamentals of copyright. Authors can publish works on blockchain creating a quasi-immutable record of initial ownership, and encode ‘smart’ contracts to license the use of works. Remuneration may happen on online distribution platforms where the smart contracts reside. In theory, such an automated setup allows for the private ordering of copyright. Blockchain technology, like Digital Rights Management 20 years ago, is thus presented as an opportunity to reduce market friction, and increase both licensing efficiency and the autonomy of creators. Yet, some of the old problems remain. The article examines the differences between new, smart-contract-based private ordering regime and the fundamental components of copyright law, such as exceptions and limitations, the doctrine of exhaustion, restrictions on formalities, the public domain and fair remuneration.},
	keywords = {blockchain, Copyright, frontpage, Licensing, smart contracts},
}

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Fixing Copyright Reform: How to Address Online Infringement and Bridge the Value Gap external link

Angelopoulos, C. & Quintais, J.

Links

http://copyrightblog.kluweriplaw.com/2018/08/30/fixing-copyright-reform-address-online-infringement-bridge-value-gap/

Auteursrecht, Copyright, enforcement, European Union, frontpage, infringement

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