Copyright - Page 15 of 21

The Decline of Online Piracy: How Markets – Not Enforcement – Drive Down Copyright Infringement external link

American University International Law Review, vol. 34, num: 4, pp: 807-876, 2019

Abstract

This article deals with the acquisition and consumption of music, films, series, books, and games through the various legal and illegal channels that exist nowadays, in a set of thirteen countries across the globe. The article has four aims. First, it provides an overview of the rules on liability for and enforcement of online copyright infringement in the countries studied. Second, it gives factual information about the state of authorized and unauthorized acquisition and consumption of these types of content. The third aim is to evaluate the underlying mechanisms and the link with enforcement measures and legal supply. Lastly, the article assesses the effect of online piracy on consumption from legal sources. To further these aims, the article combines different sources and empirical methods, including consumer surveys among nearly 35.000 respondents and comparative legal research. Our main conclusion is that online piracy is declining. The key driver for this decline is the increasing availability of affordable legal content, rather than enforcement measures. Where the legal supply of copyright-protected content is affordable, convenient and diverse, consumers are willing to pay for it and abandon piracy. Policymakers should therefore shift their focus from repressive approaches to tackle online infringement towards policies and measures that foster lawful remunerated access to copyright-protected content.

consumer survey, Copyright, enforcement, frontpage, intermediary liability, piracy

RIS

TY  - JOUR
AU  - Quintais, J.
AU  - Poort, J.
PY  - 0820
DA  - 2019-08-20
T1  - The Decline of Online Piracy: How Markets – Not Enforcement – Drive Down Copyright Infringement
JO  - American University International Law Review
VL  - 34
NV  - 4
SP  - 807-876
UR  - https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3437239
AB  - This article deals with the acquisition and consumption of music, films, series, books, and games through the various legal and illegal channels that exist nowadays, in a set of thirteen countries across the globe. The article has four aims. First, it provides an overview of the rules on liability for and enforcement of online copyright infringement in the countries studied. Second, it gives factual information about the state of authorized and unauthorized acquisition and consumption of these types of content. The third aim is to evaluate the underlying mechanisms and the link with enforcement measures and legal supply. Lastly, the article assesses the effect of online piracy on consumption from legal sources. To further these aims, the article combines different sources and empirical methods, including consumer surveys among nearly 35.000 respondents and comparative legal research. Our main conclusion is that online piracy is declining. The key driver for this decline is the increasing availability of affordable legal content, rather than enforcement measures. Where the legal supply of copyright-protected content is affordable, convenient and diverse, consumers are willing to pay for it and abandon piracy. Policymakers should therefore shift their focus from repressive approaches to tackle online infringement towards policies and measures that foster lawful remunerated access to copyright-protected content.
K1  - consumer survey
K1  - Copyright
K1  - enforcement
K1  - frontpage
K1  - intermediary liability
K1  - piracy
ER  -

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Bibtex

Article{Quintais2019f,
	title = {The Decline of Online Piracy: How Markets – Not Enforcement – Drive Down Copyright Infringement},
	author = {Quintais, J. and Poort, J.},
	year = {0820},
	date = {2019-08-20},
	journal = {American University International Law Review},
	volume = {34},
	number = {4},
	pages = {807-876},
	abstract = {This article deals with the acquisition and consumption of music, films, series, books, and games through the various legal and illegal channels that exist nowadays, in a set of thirteen countries across the globe. The article has four aims. First, it provides an overview of the rules on liability for and enforcement of online copyright infringement in the countries studied. Second, it gives factual information about the state of authorized and unauthorized acquisition and consumption of these types of content. The third aim is to evaluate the underlying mechanisms and the link with enforcement measures and legal supply. Lastly, the article assesses the effect of online piracy on consumption from legal sources. To further these aims, the article combines different sources and empirical methods, including consumer surveys among nearly 35.000 respondents and comparative legal research. Our main conclusion is that online piracy is declining. The key driver for this decline is the increasing availability of affordable legal content, rather than enforcement measures. Where the legal supply of copyright-protected content is affordable, convenient and diverse, consumers are willing to pay for it and abandon piracy. Policymakers should therefore shift their focus from repressive approaches to tackle online infringement towards policies and measures that foster lawful remunerated access to copyright-protected content.},
	keywords = {consumer survey, Copyright, enforcement, frontpage, intermediary liability, piracy},
}

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The New Copyright in the Digital Single Market Directive: A Critical Look external link

Quintais, J.

European Intellectual Property Review, vol. 42, num: 1, pp: 28-41, 2020

Abstract

This article provides an overview and critical examination of the new Directive on copyright and related rights in the Digital Single Market. Despite some positive aspects, the Directive includes multiple problematic provisions, including the controversial new right for press publishers and the new liability regime for content-sharing platforms. On balance, the Directive denotes a normative preference for private ordering over public choice in EU copyright law, and lacks adequate safeguards for users. It is also a complex text with multiple ambiguities, which will likely fail promote the desired harmonization and legal certainty in this area.

Collective licensing, Copyright, digital content, Digital Single Market, EU law, exceptions and limitations, frontpage, Licensing, Online services, Text and Data Mining (TDM)

RIS

TY  - JOUR
AU  - Quintais, J.
PY  - 0107
DA  - 2020-01-07
T1  - The New Copyright in the Digital Single Market Directive: A Critical Look
JO  - European Intellectual Property Review
VL  - 42
NV  - 1
SP  - 28-41
UR  - https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3424770
AB  - This article provides an overview and critical examination of the new Directive on copyright and related rights in the Digital Single Market. Despite some positive aspects, the Directive includes multiple problematic provisions, including the controversial new right for press publishers and the new liability regime for content-sharing platforms. On balance, the Directive denotes a normative preference for private ordering over public choice in EU copyright law, and lacks adequate safeguards for users. It is also a complex text with multiple ambiguities, which will likely fail promote the desired harmonization and legal certainty in this area.
K1  - Collective licensing
K1  - Copyright
K1  - digital content
K1  - Digital Single Market
K1  - EU law
K1  - exceptions and limitations
K1  - frontpage
K1  - Licensing
K1  - Online services
K1  - Text and Data Mining (TDM)
ER  -

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Bibtex

Article{Quintais2019e,
	title = {The New Copyright in the Digital Single Market Directive: A Critical Look},
	author = {Quintais, J.},
	year = {0107},
	date = {2020-01-07},
	journal = {European Intellectual Property Review},
	volume = {42},
	number = {1},
	pages = {28-41},
	abstract = {This article provides an overview and critical examination of the new Directive on copyright and related rights in the Digital Single Market. Despite some positive aspects, the Directive includes multiple problematic provisions, including the controversial new right for press publishers and the new liability regime for content-sharing platforms. On balance, the Directive denotes a normative preference for private ordering over public choice in EU copyright law, and lacks adequate safeguards for users. It is also a complex text with multiple ambiguities, which will likely fail promote the desired harmonization and legal certainty in this area.},
	keywords = {Collective licensing, Copyright, digital content, Digital Single Market, EU law, exceptions and limitations, frontpage, Licensing, Online services, Text and Data Mining (TDM)},
}

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Can Machines be Authors? external link

Gervais, D.J.

Kluwer Copyright Blog, vol. 2019, 2019

Artificial intelligence, Copyright, frontpage

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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.

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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Bibtex

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.

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

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.

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.

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.

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.

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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