The cultural role(s) of collective management organizations

The cultural role(s) of collective management organizations external link

European Intellectual Property Review, vol. 2018, num: 6, pp: 349-356, 2018

Abstract

Collective management organizations (CMOs) are, first and foremost, copyright and related rights licensing bodies managing vast sums of money. That does not, however, define the entire scope of their activities. For example, the 2014 EU Directive on collective management notes that CMOS "play, and should continue to play, an important role as promoters of the diversity of cultural expression". This article explains and evaluates the cultural functions that CMOs play.

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collective management organizations, Copyright, frontpage

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Copyright Reconstructed: Rethinking Copyright’s Economic Rights in a Time of Highly Dynamic Technological and Economic Change external link

Hugenholtz, P.B.

Kluwer Law International, 2018, Series: Information Law Series, ISBN: 9789041191038

Abstract

The historical evolution of copyright has led to a growing disconnect between the legal definitions of economic rights and the business and technological realities they regulate, eroding copyright’s normative content and distorting the scope of its economic rights. This book, which consolidates the results of a major trans-European research project funded by Microsoft Europe, re-examines the core economic rights protected under EU copyright law, with the aim of bringing these rights more in line with economic and technological realities.

Links

https://www.ivir.nl/publicaties/download/ILS_41_flyer.pdf

Copyright, Kluwer Information Law Series

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Reconstructing Rights: Project Synthesis and Recommendations external link

Hugenholtz, P.B. & Kretschmer, M.

0503

Abstract

In: Copyright Reconstructed: Rethinking Copyright's Economic Rights in a Time of Highly Dynamic Technological and Economic Change, P.B. Hugenholtz (ed.), Information Law Series, vol. 41, Alphen aan den Rijn: Wolters Kluwer 2018, ISBN: 978-90-411-9103-8.

Links

https://www.ivir.nl/publicaties/download/Reconstructing_rights.pdf

Copyright, frontpage, Kluwer Information Law Series

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The Art of Sampling in the Metall auf Metall case: a new form of artistic expression or mere infringement of copyright and related rights? external link

Perkal, P.J.

Kluwer Copyright Blog, 2018

Links

http://copyrightblog.kluweriplaw.com/2018/04/24/art-sampling-metall-auf-metall-case-new-form-artistic-expression-mere-infringement-copyright-related-rights/

artistic expression, Copyright, frontpage, infringement, related rights

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Text and Data Mining in the Proposed Directive: Where do we stand? external link

Zeybek, B.

Kluwer Copyright Blog, 2018

Links

http://copyrightblog.kluweriplaw.com/2018/03/23/text-data-mining-proposed-directive-stand/

Copyright, directive, frontpage, Text and Data Mining (TDM)

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Copyright reform: a new right for press publishers – to have or not to have? external link

Coche, E.

Kluwer Copyright Blog, 2018

Links

http://copyrightblog.kluweriplaw.com/2018/03/13/copyright-reform-new-right-press-publishers-not/

Copyright, frontpage, press, publishers' right

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Collective Management of Copyright and Related Rights, 3rd ed. external link

Gervais, D.J.

Kluwer Law International, 0606

Links

https://lrus.wolterskluwer.com/store/product/collective-management-of-copyright-and-related-rights-third-edition/

authors, collective management, Copyright, Internet

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(Re)structuring Copyright: A Comprehensive Path to International Copyright Reform external link

Gervais, D.J.

Edwards Elgar, 0303, Series: Edgar Monographs in Intellectual Property Law

Links

https://www.elgaronline.com/view/9781785369490/9781785369490.xml

authors, Berne Convention, Copyright, fragmentation, reform

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EU Copyright Law and the Cloud: VCAST and the Intersection of Private Copying and Communication to the Public external link

Quintais, J. & Rendas, T.

Journal of Intellectual Property Law & Practice , vol. 2018, num: 9, pp: 711-719, 2018

Abstract

This article examines the applicability of the private copying exception to cloud services against the backdrop of the judgment of the Court of Justice of the European Union (CJEU) and the Opinion of Advocate General (AG) Szpunar in Case C-265/16, VCAST. The case raises the question of whether the exception protects services of an online platform allowing users to store copies of free-to-air TV programmes in private cloud storage spaces. The AG’s proposed answer was to consider that cloud copying could generally be covered by the exception, but the specific service of VCAST could not. The CJEU focused on VCAST’s service only, largely following AG Szpunar’s conclusion. The article explains and discusses both the Opinion and the Judgment, further addressing the possible implications of the case for the “leviability” of cloud-based services and the interface between the private copying exception and the right of communication to the public.

Links

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3113215

cloud, communication to the public, Copyright, frontpage, Infosoc Directive, private copying, VCAST

RIS

TY  - JOUR
AU  - Quintais, J.
AU  - Rendas, T.
PY  - 0202
DA  - 2018-02-02
T1  - EU Copyright Law and the Cloud: VCAST and the Intersection of Private Copying and Communication to the Public
JO  - Journal of Intellectual Property Law & Practice 
VL  - 2018
NV  - 9
SP  - 711-719
UR  - https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3113215
AB  - This article examines the applicability of the private copying exception to cloud services against the backdrop of the judgment of the Court of Justice of the European Union (CJEU) and the Opinion of Advocate General (AG) Szpunar in Case C-265/16, VCAST. 
The case raises the question of whether the exception protects services of an online platform allowing users to store copies of free-to-air TV programmes in private cloud storage spaces. The AG’s proposed answer was to consider that cloud copying could generally be covered by the exception, but the specific service of VCAST could not. The CJEU focused on VCAST’s service only, largely following AG Szpunar’s conclusion. 
The article explains and discusses both the Opinion and the Judgment, further addressing the possible implications of the case for the “leviability” of cloud-based services and the interface between the private copying exception and the right of communication to the public.
K1  - cloud
K1  - communication to the public
K1  - Copyright
K1  - frontpage
K1  - Infosoc Directive
K1  - private copying
K1  - VCAST
ER  -

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Article{Quintais2018b,
	title = {EU Copyright Law and the Cloud: VCAST and the Intersection of Private Copying and Communication to the Public},
	author = {Quintais, J. and Rendas, T.},
	year = {0202},
	date = {2018-02-02},
	journal = {Journal of Intellectual Property Law & Practice },
	volume = {2018},
	number = {9},
	pages = {711-719},
	abstract = {This article examines the applicability of the private copying exception to cloud services against the backdrop of the judgment of the Court of Justice of the European Union (CJEU) and the Opinion of Advocate General (AG) Szpunar in Case C-265/16, VCAST. 
The case raises the question of whether the exception protects services of an online platform allowing users to store copies of free-to-air TV programmes in private cloud storage spaces. The AG’s proposed answer was to consider that cloud copying could generally be covered by the exception, but the specific service of VCAST could not. The CJEU focused on VCAST’s service only, largely following AG Szpunar’s conclusion. 
The article explains and discusses both the Opinion and the Judgment, further addressing the possible implications of the case for the “leviability” of cloud-based services and the interface between the private copying exception and the right of communication to the public.},
	keywords = {cloud, communication to the public, Copyright, frontpage, Infosoc Directive, private copying, VCAST},
}

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Rethinking Normal Exploitation: Enabling Online Limitations in EU Copyright Law external link

Quintais, J.

AMI, vol. 2017, num: 6, pp: 197-205, 2018

Abstract

The adoption of limitations to copyright is regulated at international and EU level by the three-step test. The major obstacle to new limitations for online use is a strict interpretation of the test, namely its second step, according to which a limitation shall not conflict with the normal exploitation of works. This article examines the test with a focus on the second step and its application to the digital and crossborder environment. It argues for a flexible and policy-oriented reading of the concept of normal exploitation. Following this approach could enable the introduction of new online limitations in EU law. In particular, within the context of current EU copyright reform, a flexible interpretation could support the introduction of a mandatory and unwaivable limitation for user-generated content.

Links

https://www.ivir.nl/publicaties/download/AMI_2017_6.pdf

Copyright, EU, exploitation, frontpage, limitations

RIS

TY  - JOUR
AU  - Quintais, J.
PY  - 2018
DA  - 2018-01-11
T1  - Rethinking Normal Exploitation: Enabling Online Limitations in EU Copyright Law
JO  - AMI
VL  - 2017
NV  - 6
SP  - 197-205
UR  - https://www.ivir.nl/publicaties/download/AMI_2017_6.pdf
AB  - The adoption of limitations to copyright is regulated at international and EU level by the three-step test. The major obstacle to new limitations for online use is a strict interpretation of the test, namely its second step, according to which a limitation shall not conflict with the normal exploitation of works. This article examines the test with a focus on the second step and its application to the digital and crossborder environment. It argues for a flexible and policy-oriented reading of the concept of normal exploitation. Following this approach could enable the introduction of new online limitations in EU law. In particular, within the context of current EU copyright reform, a flexible interpretation could support the introduction of a mandatory and unwaivable limitation for user-generated content.
K1  - Copyright
K1  - EU
K1  - exploitation
K1  - frontpage
K1  - limitations
ER  -

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Bibtex

Article{Quintais2018,
	title = {Rethinking Normal Exploitation: Enabling Online Limitations in EU Copyright Law},
	author = {Quintais, J.},
	year = {2018},
	date = {2018-01-11},
	journal = {AMI},
	volume = {2017},
	number = {6},
	pages = {197-205},
	abstract = {The adoption of limitations to copyright is regulated at international and EU level by the three-step test. The major obstacle to new limitations for online use is a strict interpretation of the test, namely its second step, according to which a limitation shall not conflict with the normal exploitation of works. This article examines the test with a focus on the second step and its application to the digital and crossborder environment. It argues for a flexible and policy-oriented reading of the concept of normal exploitation. Following this approach could enable the introduction of new online limitations in EU law. In particular, within the context of current EU copyright reform, a flexible interpretation could support the introduction of a mandatory and unwaivable limitation for user-generated content.},
	keywords = {Copyright, EU, exploitation, frontpage, limitations},
}

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