Copyright - Page 20 of 21

Communication to a New Public? Three reasons why EU copyright law can do without a ‘new public’ external link

Hugenholtz, P.B. & Velze, S.C. van

IIC (International Review of Intellectual Property and Competition Law), vol. 47, num: 7, pp: 797-816, 2016

Abstract

This article critically examines the 'new public' test in EU copyright law, which was developed by the CJEU interpreting the right of communication to the public in cases of retransmission and hyperlinking. As the authors seek to demonstrate, this test is flawed for at least three reasons: historical, conceptual and economic. EU copyright law can do well without a 'new public' test.

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aggregation, Auteursrecht, Berne Convention, communication to the public, Copyright, frontpage, hyperlinking, new public

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Article{Hugenholtz2016b,
	title = {Communication to a New Public? Three reasons why EU copyright law can do without a ‘new public’},
	author = {Hugenholtz, P.B. and Velze, S.C. van},
	url = {http://link.springer.com/article/10.1007/s40319-016-0512-7?wt_mc=Internal.Event.1.SEM.ArticleAuthorAssignedToIssue},
	doi = {https://doi.org/10.1007/s40319-016-0512-7},
	year = {1118},
	date = {2016-11-18},
	journal = {IIC (International Review of Intellectual Property and Competition Law)},
	volume = {47},
	number = {7},
	pages = {797-816},
	abstract = {This article critically examines the \'new public\' test in EU copyright law, which was developed by the CJEU interpreting the right of communication to the public in cases of retransmission and hyperlinking. As the authors seek to demonstrate, this test is flawed for at least three reasons: historical, conceptual and economic. EU copyright law can do well without a \'new public\' test.},
	keywords = {aggregation, Auteursrecht, Berne Convention, communication to the public, Copyright, frontpage, hyperlinking, new public},
}

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International copyright reform in support of open legal information (working paper draft, Sep. 2016) external link

van Eechoud, M. & Guibault, L.

2016

Abstract

This paper analyzes the status of legal information under international and national copyright laws. It argues that the current uncertainties with respect to the copyright status of primary legal materials (legislation, court decisions) and secondary legal materials such as parliamentary records and other official texts relevant to the interpretation of law, constitute a barrier to access and use. The time has come for reform of the international copyright system in WIPO. International law should recognize explicitly that primary and secondary legal materials are public domain and thus not subject to copyright or related rights. This will bring outdated copyright norms across the world up to date with current developments: the trend towards universal recognition of the right to access government information as part of human rights, the UN’s sustainable development goals with respect to access to law, and the rapid growth of open government policies worldwide, supported by the Open Government Partnership (OGP).

Links

http://www.ivir.nl/publicaties/download/OpendataCopyrightReform_ODRSdraft-WP_sep16.pdf

access to law, Copyright, Freedom of expression, frontpage, Fundamental rights, open government, right to know

RIS

TY  - JOUR
AU  - van Eechoud, M.
AU  - Guibault, L.
PY  - 0930
DA  - 2016-09-30
T1  - International copyright reform in support of open legal information (working paper draft, Sep. 2016)
AB  - This paper analyzes the status of legal information under international and national copyright laws. It argues that the current uncertainties with respect to the copyright status of primary legal materials (legislation, court decisions) and secondary legal materials such as parliamentary records and other official texts relevant to the interpretation of law, constitute a barrier to access and use. The time has come for reform of the international copyright system in WIPO. International law should recognize explicitly that primary and secondary legal materials are public domain and thus not subject to copyright or related rights. This will bring outdated copyright norms across the world up to date with current developments: the trend towards universal recognition of the right to access government information as part of human rights, the UN’s sustainable development goals with respect to access to law, and the rapid growth of open government policies worldwide, supported by the Open Government Partnership (OGP).
K1  - access to law
K1  - Copyright
K1  - Freedom of expression
K1  - frontpage
K1  - Fundamental rights
K1  - open government
K1  - right to know
ER  -

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Article{vanEechoud2016,
	title = {International copyright reform in support of open legal information (working paper draft, Sep. 2016)},
	author = {van Eechoud, M. and Guibault, L.},
	url = {http://www.ivir.nl/publicaties/download/OpendataCopyrightReform_ODRSdraft-WP_sep16.pdf},
	year = {0930},
	date = {2016-09-30},
	abstract = {This paper analyzes the status of legal information under international and national copyright laws. It argues that the current uncertainties with respect to the copyright status of primary legal materials (legislation, court decisions) and secondary legal materials such as parliamentary records and other official texts relevant to the interpretation of law, constitute a barrier to access and use. The time has come for reform of the international copyright system in WIPO. International law should recognize explicitly that primary and secondary legal materials are public domain and thus not subject to copyright or related rights. This will bring outdated copyright norms across the world up to date with current developments: the trend towards universal recognition of the right to access government information as part of human rights, the UN’s sustainable development goals with respect to access to law, and the rapid growth of open government policies worldwide, supported by the Open Government Partnership (OGP).},
	keywords = {access to law, Copyright, Freedom of expression, frontpage, Fundamental rights, open government, right to know},
}

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Europeana Sounds and Copyrights: The Need for and Challenges in Licensing Archival Material external link

Schroff, S.

2015

Links

http://pro.europeana.eu/files/Europeana_Professional/Projects/Project_list/Europeana_Sounds/Other%20documents%20related%20to%20the%20project/Europeana%20Report%20by%20IVIR%20final.pdf

collective management, Copyright, Europeana, Licensing

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Regulating for Creativity and Cultural Diversity: the Case of Collective Management Organisations and the Music Industry external link

Street, J., Laing, D. & Schroff, S.

International Journal of Cultural Policy, pp: 1-16, 2017

Abstract

This paper explores the role of intermediary institutions in promoting creativity and cultural diversity in the music industry, and the impact of cultural policy on the performance of those intermediaries. It reviews some of the existing literature on the relationship between economic conditions and innovation in music, and argues that too little attention has been paid to intermediaries. Focusing on collective management organisations (CMOs) as one example of overlooked intermediaries, we illustrate, by way of comparison, the different priorities and incentives that drive CMO practice. These variations, we suggest, are important to appreciating how CMOs operate as intermediaries in different territories. We then turn our attention to recent attempts by the EU to reform CMO practice as part of its Digital Single Market project. The fact that the CMO has been an object of reform is indicative of its importance. However, there is more at stake here: the reforms themselves, in seeking to change the role and behaviour of CMOs will, we suggest, have profound consequences for the market in music in Europe, and for creativity and cultural diversity within that market.

Links

collective management organisations, Copyright, creativity, cultural diversity, Digital Single Market, EU, frontpage, music industry

RIS

TY  - JOUR
AU  - Street, J.
AU  - Laing, D.
AU  - Schroff, S.
PY  - 0117
DA  - 2017-01-17
T1  - Regulating for Creativity and Cultural Diversity: the Case of Collective Management Organisations and the Music Industry
JO  - International Journal of Cultural Policy
SP  - 1-16
DO  - https://doi.org/http://dx.doi.org/10.1080/10286632.2016.1178733
AB  - This paper explores the role of intermediary institutions in promoting creativity and cultural diversity in the music industry, and the impact of cultural policy on the performance of those intermediaries. It reviews some of the existing literature on the relationship between economic conditions and innovation in music, and argues that too little attention has been paid to intermediaries. Focusing on collective management organisations (CMOs) as one example of overlooked intermediaries, we illustrate, by way of comparison, the different priorities and incentives that drive CMO practice. These variations, we suggest, are important to appreciating how CMOs operate as intermediaries in different territories. We then turn our attention to recent attempts by the EU to reform CMO practice as part of its Digital Single Market project. The fact that the CMO has been an object of reform is indicative of its importance. However, there is more at stake here: the reforms themselves, in seeking to change the role and behaviour of CMOs will, we suggest, have profound consequences for the market in music in Europe, and for creativity and cultural diversity within that market.
K1  - collective management organisations
K1  - Copyright
K1  - creativity
K1  - cultural diversity
K1  - Digital Single Market
K1  - EU
K1  - frontpage
K1  - music industry
ER  -

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Bibtex

Article{Street2016,
	title = {Regulating for Creativity and Cultural Diversity: the Case of Collective Management Organisations and the Music Industry},
	author = {Street, J. and Laing, D. and Schroff, S.},
	url = {http://www.tandfonline.com/doi/full/10.1080/10286632.2016.1178733},
	doi = {https://doi.org/http://dx.doi.org/10.1080/10286632.2016.1178733},
	year = {0117},
	date = {2017-01-17},
	journal = {International Journal of Cultural Policy},
	pages = {1-16},
	abstract = {This paper explores the role of intermediary institutions in promoting creativity and cultural diversity in the music industry, and the impact of cultural policy on the performance of those intermediaries. It reviews some of the existing literature on the relationship between economic conditions and innovation in music, and argues that too little attention has been paid to intermediaries. Focusing on collective management organisations (CMOs) as one example of overlooked intermediaries, we illustrate, by way of comparison, the different priorities and incentives that drive CMO practice. These variations, we suggest, are important to appreciating how CMOs operate as intermediaries in different territories. We then turn our attention to recent attempts by the EU to reform CMO practice as part of its Digital Single Market project. The fact that the CMO has been an object of reform is indicative of its importance. However, there is more at stake here: the reforms themselves, in seeking to change the role and behaviour of CMOs will, we suggest, have profound consequences for the market in music in Europe, and for creativity and cultural diversity within that market.},
	keywords = {collective management organisations, Copyright, creativity, cultural diversity, Digital Single Market, EU, frontpage, music industry},
}

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Response to the European Commission’s Public Consultation on the Review of the EU Satellite and Cable Directive external link

Xalabarder, R., Vivant, M., Rognstad, O., Ricolfi, M., Peukert, A., Metzger, A., Kretschmer, M., Griffiths, J., Geiger, C., Dusollier, S., Bently, L., Benabou, V., Dinwoodie, G. & Hugenholtz, P.B.

2015

Links

http://ivir00.websites.xs4all.nl/wp-content/uploads/2016/08/237.pdf

Copyright

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Answer to the EC Consultation on the ‘panorama exception’ external link

Derclaye E., Xalabarder, R., Vivant, M., Rognstad, O., Ricolfi, M., Peukert, A., Metzger, A., Kretschmer, M., Griffiths, J., Geiger, C., Dusollier, S., Bently, L., Benabou, V., Dinwoodie, G. & Hugenholtz, P.B.

2016

Links

http://ivir00.websites.xs4all.nl/wp-content/uploads/2016/08/236.pdf

Copyright, frontpage

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Answer to the EC Consultation on the role of publishers in the copyright value chain external link

Hugenholtz, P.B., Dinwoodie, G., Benabou, V., Bently, L., Dusollier, S., Geiger, C., Griffiths, J., Metzger, A., Xalabarder, R., Peukert, A., Ricolfi, M., Rognstad, O. & Vivant, M.

2016

Links

http://ivir00.websites.xs4all.nl/wp-content/uploads/2000/05/235-1-1.pdf

Copyright, frontpage

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Individual Licensing Models and Consumer Protection external link

Guibault, L.

2016

Abstract

Copyright law is not primarily directed at consumers. Their interests are therefore only marginally accounted for, as the copyright rules exempt specific uses of works from the right holder’s control. This chapter examines the impact of digital technology on the position of consumers of licensed copyrighted content. While ownership of the physical embodiment of a work does not entail the ownership of the rights in the work, how does copyright law deal with ‘disembodied’ works? Whereas digital content is now commonly distributed on the basis of individual licensing schemes, what does it mean for consumers? Do they have a claim under consumer protection law against copyright owners for the impossibility to make a copy for private purposes, the lack of interoperability between devices, and the geo-blocking of their account?

Links

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2713765

Auteursrecht, Consumer law, consumer protection, Copyright, digital content, geo-blocking, Intellectuele eigendom, interoperability, private copying

RIS

TY  - GEN
AU  - Guibault, L.
PY  - 2016
DA  - 2016-02-05
T1  - Individual Licensing Models and Consumer Protection
AB  - Copyright law is not primarily directed at consumers. Their interests are therefore only marginally accounted for, as the copyright rules exempt specific uses of works from the right holder’s control. This chapter examines the impact of digital technology on the position of consumers of licensed copyrighted content. While ownership of the physical embodiment of a work does not entail the ownership of the rights in the work, how does copyright law deal with ‘disembodied’ works? Whereas digital content is now commonly distributed on the basis of individual licensing schemes, what does it mean for consumers? Do they have a claim under consumer protection law against copyright owners for the impossibility to make a copy for private purposes, the lack of interoperability between devices, and the geo-blocking of their account?
K1  - Auteursrecht
K1  - Consumer law
K1  - consumer protection
K1  - Copyright
K1  - digital content
K1  - geo-blocking
K1  - Intellectuele eigendom
K1  - interoperability
K1  - private copying
ER  -

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Bibtex

Other{nokey,
	title = {Individual Licensing Models and Consumer Protection},
	author = {Guibault, L.},
	url = {http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2713765},
	year = {2016},
	date = {2016-02-05},
	abstract = {Copyright law is not primarily directed at consumers. Their interests are therefore only marginally accounted for, as the copyright rules exempt specific uses of works from the right holder’s control. This chapter examines the impact of digital technology on the position of consumers of licensed copyrighted content. While ownership of the physical embodiment of a work does not entail the ownership of the rights in the work, how does copyright law deal with ‘disembodied’ works? Whereas digital content is now commonly distributed on the basis of individual licensing schemes, what does it mean for consumers? Do they have a claim under consumer protection law against copyright owners for the impossibility to make a copy for private purposes, the lack of interoperability between devices, and the geo-blocking of their account?},
	keywords = {Auteursrecht, Consumer law, consumer protection, Copyright, digital content, geo-blocking, Intellectuele eigendom, interoperability, private copying},
}

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Cultural Heritage Online? Settle it in the Country of Origin of the Work external link

Guibault, L.

JIPITEC, num: 3, pp: 173-191., 2016

Abstract

This article examines the conditions under which a system of extended collective licensing (ECL) for the use of works contained in the collections of cultural heritage institutions (CHIs) participating in Europeana could function within a cross-border basis. ECL is understood as a form of collective rights management whereby the application of freely negotiated copyright licensing agreements between a user and a collective management organisation (“CMO”), is extended by law to non-members of the organisation. ECL regimes have already been put in place in a few Member States and so far, all have the ability to apply only on a national basis. This article proposes a mechanism that would allow works licensed under an ECL system in one territory of the European Union to be made available in all the territories of the Union. The proposal rests on the statutory recognition of the “country of origin” principle, as necessary and sufficient territory for the negotiation and application of an ECL solution for the rights clearance of works contained in the collection of a cultural heritage institution, including orphan works.

Links

http://www.ivir.nl/publicaties/download/1722.pdf

Auteursrecht, Copyright, cross-border access, cultural heritage, extended collective licensing, Intellectuele eigendom

RIS

TY  - JOUR
AU  - Guibault, L.
PY  - 2016
DA  - 2016-01-19
T1  - Cultural Heritage Online? Settle it in the Country of Origin of the Work
JO  - JIPITEC
NV  - 3
SP  - 173-191.
AB  - This article examines the conditions under which a system of extended collective licensing (ECL) for the use of works contained in the collections of cultural heritage institutions (CHIs) participating in Europeana could function within a cross-border basis. ECL is understood as a form of collective rights management whereby the application of freely negotiated copyright licensing agreements between a user and a collective management organisation (“CMO”), is extended by law to non-members of the organisation. ECL regimes have already been put in place in a few Member States and so far, all have the ability to apply only on a national basis. This article proposes a mechanism that would allow works licensed under an ECL system in one territory of the European Union to be made available in all the territories of the Union. The proposal rests on the statutory recognition of the “country of origin” principle, as necessary and sufficient territory for the negotiation and application of an ECL solution for the rights clearance of works contained in the collection of a cultural heritage institution, including orphan works.
K1  - Auteursrecht
K1  - Copyright
K1  - cross-border access
K1  - cultural heritage
K1  - extended collective licensing
K1  - Intellectuele eigendom
ER  -

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Bibtex

Article{nokey,
	title = {Cultural Heritage Online? Settle it in the Country of Origin of the Work},
	author = {Guibault, L.},
	url = {http://www.ivir.nl/publicaties/download/1722.pdf},
	year = {2016},
	date = {2016-01-19},
	journal = {JIPITEC},
	number = {3},
	pages = {173-191.},
	abstract = {This article examines the conditions under which a system of extended collective licensing (ECL) for the use of works contained in the collections of cultural heritage institutions (CHIs) participating in Europeana could function within a cross-border basis. ECL is understood as a form of collective rights management whereby the application of freely negotiated copyright licensing agreements between a user and a collective management organisation (“CMO”), is extended by law to non-members of the organisation. ECL regimes have already been put in place in a few Member States and so far, all have the ability to apply only on a national basis. This article proposes a mechanism that would allow works licensed under an ECL system in one territory of the European Union to be made available in all the territories of the Union. The proposal rests on the statutory recognition of the “country of origin” principle, as necessary and sufficient territory for the negotiation and application of an ECL solution for the rights clearance of works contained in the collection of a cultural heritage institution, including orphan works.},
	keywords = {Auteursrecht, Copyright, cross-border access, cultural heritage, extended collective licensing, Intellectuele eigendom},
}

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Russia’s new anti-piracy law: A critical analysis external link

Yakovleva, S.

European Intellectual Property Review, num: 9, pp: 608-613., 2015

Abstract

This article analyses Russia's new anti-piracy law aimed at improving online enforcement of copyright and related rights. The article places the new developments in the context of the prior intellctual property rights enforcement regime and Russia's international and constitutional obligations to secure the right to freedom of expression. The author discusses and critically assesses the most important changes introduced by the new law, and draws conclusions about their correlation with freedom of expression, overall effectiveness and the impact on right holders, internet users and the internet industry.

Links

http://www.ivir.nl/publicaties/download/1690.pdf

Auteursrecht, blocking injunctions, Copyright, enforcement, Intellectuele eigendom, interim injunctions, online infringement, Russia

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Article{nokey,
	title = {Russia’s new anti-piracy law: A critical analysis},
	author = {S. and Yakovleva},
	url = {http://www.ivir.nl/publicaties/download/1690.pdf},
	year = {1127},
	date = {2015-11-27},
	journal = {European Intellectual Property Review},
	number = {9},
	pages = {608-613.},
	abstract = {This article analyses Russia\'s  new anti-piracy law aimed at improving online enforcement of copyright and related rights. The article places the new developments in the context of the prior intellctual property rights enforcement regime and Russia\'s international and constitutional obligations to secure the right to freedom of expression. The author discusses and critically assesses the most important changes introduced by the new law, and draws conclusions about their correlation with freedom of expression, overall effectiveness and the impact on right holders, internet users and the internet industry.},
	keywords = {Auteursrecht, blocking injunctions, Copyright, enforcement, Intellectuele eigendom, interim injunctions, online infringement, Russia},
}

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