Keyword: Copyright
Literature review on the use of licensing in library context, and the limitations this creates to access to knowledge external link
Abstract
The dual purpose of this literature review is, first, to identify and summarise limitations that result from the use of copyright licences in a library context, and, second, to illustrate these limitations with specific examples available in both the
academic and grey literature. The licences discussed in the reviewed literature deal essentially with access to, and use of, digital content.
access to knowledge, Copyright, frontpage, libraries, Licensing
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Estimating displacement rates of copyrighted content in the EU external link
Abstract
The extent to which digital consumption of pirated materials displaces legitimate purchases is of fundamental importance for EU copyright policy design. The European Commission has commissioned Ecorys to carry out a study on the relation between online copyright infringement (digital piracy) and sales of copyrighted content.
This study adds to the existing literature in at least three ways. Firstly, it compares piracy rates in multiple EU Member States calculated according to the same methodology. This makes it possible to compare results between countries. Secondly, displacement rates are estimated in the presence of an important recent phenomenon, i.e. the widespread availability of a wide variety of services for downloading or streaming content. Thirdly, the study includes minors to assess the extent of piracy among this group.
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Auteursrecht, Copyright, copyright policy, frontpage, online content, Online copright enforcement, online infringement, Online media
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Borderline exploitation of copyrighted works external link
A welfare economic analysis of online platforms and intermediaries in copyright law external link
Reconstructing copyright: A welfare economic approach external link
Copyright in the Age of Online Access: Alternative Compensation Systems in EU Law external link
Abstract
This book examines pragmatic legal solutions that enable Internet users to access works in the digital environment by exploring the flexibilities in EU copyright law in search of a consistent regulation of non-commercial online use. In addition to proving virtually impossible, online enforcement of copyright may be undesirable because it risks encroaching upon fundamental rights and freedoms. However, the problem remains that creators are often not fairly remunerated for the online use of their works. This book addresses the need for legalisation schemes that favour remunerated access over exclusivity and enforcement for large-scale online use by individuals, while assuring remuneration to rights holders and promoting the development of the information society.
Berne Convention, Charter of Fundamental Rights of the European Union, CJEU, collective rights management, communication to the public right, compensation systems, Copyright, Digital Single Market, EU copyright law, exceptions and limitations, fair balance, Internet, Kluwer Information Law Series, online intermediaries
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Making Broadcasts Accessible Online- A Study on the Copyright- Related Environment and Industry Practice external link
Abstract
This presentation summarises the methodological innovations and the key empirical results of the NWO-funded 'Images for the Future: from digitization to dissemination, when can we watch?' project.
archive, audio-visual works, Auteursrecht, Copyright, cultural heritage, Intellectuele eigendom, making available, public service broadcasting
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Collective management in the European Union external link
The Impossible Quest – Problems with Diligent Search for Orphan Works external link
Abstract
Digital technologies allow unprecedented preservation and sharing of world-wide cultural heritage. Public and private players are increasingly entering the scene with mass digitisation projects that will make this possible. In Europe, legislative action has been taken to allow cultural institutions to include in their online collections copyright works whose owners are either unknown or non-locatable (“orphan works”). However, according to the Orphan Works Directive, cultural institutions must attempt to locate the owner of a work before using it. This is the so-called “diligent search” requirement. This paper provides an empirical analysis of the conditions under which a diligent search can feasibly be carried out. The United Kingdom, the Netherlands, and Italy, all of which have implemented the Orphan Works Directive, have been selected as case studies. For each jurisdiction, this analysis determines what the requirements for a diligent search to locate copyright holders are, what the authoritative sources and databases to be consulted are in practice and, most importantly, to what extent these are freely accessible online. In doing so, our analysis provides insights into the two main issues affecting cultural heritage institutions: (1) how much legal certainty does the implementation provide, and (2) what is the practical burden of a diligent search. The analysis reveals that the jurisdictions have given different meanings to the term “diligent”. While the UK’s extensive guidance makes it unlikely that a search would not be deemed diligent, the search burden is onerous. On the other hand, Italy and especially the Netherlands have a lighter search burden, but in the absence of clear, definite guidance, the likelihood of accidental infringement by failing to meet the diligence standard is greater. In addition, all three jurisdictions have so far failed to take the accessibility of the sources into account, making the searches even more onerous than the numbers suggest at first sight. Therefore, it will be difficult for cultural institutions to clear the rights for their collections while fully complying with the requirements of the legislation. This article concludes that legislative action, official guidelines, or jurisprudence are needed to establish a different legal value of sources for a diligent search, with various degrees of optionality depending on data relevance and accessibility.
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Copyright, cultural heritage, frontpage, Mass digitisation, orphan works, Orphan Works Directive