Copyright - Page 16 of 21

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

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
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.},
	url = {https://ssrn.com/abstract=3311019},
	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
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.},
	url = {https://www.routledge.com/Critical-Indigenous-Rights-Studies/Corradi-de-Feyter-Desmet-Vanhees/p/book/9781138729339},
	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.

Kluwer Copyright Blog, vol. 2018, 2018

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
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.},
	url = {https://www.ivir.nl/publicaties/download/IJLIT_2018.pdf
https://academic.oup.com/ijlit/advance-article/doi/10.1093/ijlit/eay014/5106727},
	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.

Kluwer Copyright Blog, 2018

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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Global Online Piracy Study external link

Quintais, J. & Poort, J.

Kluwer Copyright Blog, vol. 2018, 2018

Abstract

The percentage of Internet users in Europe that occasionally download or stream music, films, series, books or games illegally has decreased between 2014 and 2017. The decrease is greatest for music, films and series. Meanwhile, expenditure on legal content has increased since 2014. This follows from the Global Online Piracy Study that the Institute for Information Law (IViR) of the University of Amsterdam published today.

Links

http://copyrightblog.kluweriplaw.com/2018/07/31/global-online-piracy-study/

Copyright, downloading, Internet, piracy

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HEKS’NKAAS at the CJEU: the end of a cheese-war or the beginning of a new copyright era? external link

Coche, E.

Links

http://copyrightblog.kluweriplaw.com/2018/06/26/heksnkaas-cjeu-end-cheese-war-beginning-new-copyright-era/

Copyright, frontpage, originaliteit

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Untangling the Hyperlinking Web: In Search of the Online Right of Communication to the Public external link

Quintais, J.

Journal of World Intellectual Property (forthcoming), vol. 2018, pp: 1-36, 2018

Abstract

This article examines the online right of communication to the public under EUlaw and its interpretation by the Court of Justice of the EU. The focus of the analysis is on the controversial application of the right to hyperlinking, and its implications for the online activities of users and intermediaries. After outlining the international and EU legal framework on the right of communication to the public, the article advances a conceptual framework for the interpretation of the exclusive right in the online environment, which is both based on, and attempts to bring coherence to, the Court's complex case law. On this basis, the article then explores and critically assesses the main areas of legal uncertainty for the online application of the right and the normative considerations at stake—especially fundamental rights and the promotion of technological development—offering interpretative and legislative solutions for their resolution. The article argues for abandoning the legislative proposals for a new right for press publishers and the so-called value gap, as both are fundamentally flawed. Instead, reform should focus on redefining the right of communication to the public and preserving safe harbors, especially for hosting providers.

Links

https://onlinelibrary.wiley.com/doi/abs/10.1111/jwip.12107

Copyright, EU law, frontpage, hyperlinking, intermediary liability, right of communication to the public

RIS

TY  - JOUR
AU  - Quintais, J.
PY  - 0621
DA  - 2018-06-21
T1  - Untangling the Hyperlinking Web: In Search of the Online Right of Communication to the Public
JO  - Journal of World Intellectual Property (forthcoming)
VL  - 2018
SP  - 1-36
AB  - This article examines the online right of communication to the public under EUlaw and its interpretation by the Court of Justice of the EU. The focus of the analysis is on the controversial application of the right to hyperlinking, and its implications for the online activities of users and intermediaries. After outlining the international and EU legal framework on the right of communication to the public, the article advances a conceptual framework for the interpretation of the exclusive right in the online environment, which is both based on, and attempts to bring coherence to, the Court\'s complex case law. On this basis, the article then explores and critically assesses the main areas of legal uncertainty for the online application of the right and the normative considerations at stake—especially fundamental rights and the promotion of technological development—offering interpretative and legislative solutions for their resolution. The article argues for abandoning the legislative proposals for a new right for press publishers and the so-called value gap, as both are fundamentally flawed. Instead, reform should focus on redefining the right of communication to the public and preserving safe harbors, especially for hosting providers.
K1  - Copyright
K1  - EU law
K1  - frontpage
K1  - hyperlinking
K1  - intermediary liability
K1  - right of communication to the public
ER  -

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Bibtex

Article{Quintais2018c,
	title = {Untangling the Hyperlinking Web: In Search of the Online Right of Communication to the Public},
	author = {Quintais, J.},
	url = {https://onlinelibrary.wiley.com/doi/abs/10.1111/jwip.12107},
	year = {0621},
	date = {2018-06-21},
	journal = {Journal of World Intellectual Property (forthcoming)},
	volume = {2018},
	pages = {1-36},
	abstract = {This article examines the online right of communication to the public under EUlaw and its interpretation by the Court of Justice of the EU. The focus of the analysis is on the controversial application of the right to hyperlinking, and its implications for the online activities of users and intermediaries. After outlining the international and EU legal framework on the right of communication to the public, the article advances a conceptual framework for the interpretation of the exclusive right in the online environment, which is both based on, and attempts to bring coherence to, the Court\'s complex case law. On this basis, the article then explores and critically assesses the main areas of legal uncertainty for the online application of the right and the normative considerations at stake—especially fundamental rights and the promotion of technological development—offering interpretative and legislative solutions for their resolution. The article argues for abandoning the legislative proposals for a new right for press publishers and the so-called value gap, as both are fundamentally flawed. Instead, reform should focus on redefining the right of communication to the public and preserving safe harbors, especially for hosting providers.},
	keywords = {Copyright, EU law, frontpage, hyperlinking, intermediary liability, right of communication to the public},
}

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

Gervais, D.J.

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.

Links

collective management organizations, Copyright, frontpage

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