IVIR - Universiteit van Amsterdam

@misc{Quintais2020,
title = {Panel discussion at CPDP 2020: We need to talk about filters: algorithmic copyright enforcement vs data protection. },
author = {Quintais, J. and Zuiderveen Borgesius, F. and Mazgal, A. and Ducato, R. and Heglad\'{o}ttir, A. },
url = {https://www.youtube.com/watch?v=SstHA1ALZoI},
year = {2020},
date = {2020-02-06},
abstract = {The new Copyright in the Digital Single Market (DSM) Directive was published in May 2019. Its most controversial provision is Article 17 (ex 13), which creates a new liability regime for user-generated content platforms, like YouTube and Facebook. The new regime makes these platforms directly liable for their users’ uploads, without the possibility of benefiting from the hosting safe-harbour. This forces platforms to either license all or most of the content uploaded by users (which is near impossible) or to adopt preventive measures like filters. The likely outcome is that covered platforms will engage in general monitoring of the content uploaded by their users. This panel will discuss the issues raised by Article 17 DSM Directive and the model of algorithmic enforcement it incentivizes, with a focus on the freedom of expression and data protection risks it entails.

• Article 17 of the Copyright in the Digital Single Market Directive creates a new liability regime for user-generated content platforms.
• Does this provision introduce de facto the controversial upload filtering systems and, as a result, general monitoring of information in content-sharing platforms?
• Is Article 17 essentially in conflict with the GDPR and, in particular, the principle of minimisation and the right not to be subject to automated decision-making processes? What are the potential consequences of this provision on users’ freedom of expression?
• If Article 17 can negatively affect data protection and freedom of expression what are the possible legal and extra-legal responses to neutralise the risk?
},
keywords = {},
pubstate = {published},
tppubtype = {presentation}
}

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McGonagle, T.

Szurovecz t. Hongarije (EHRM, nr. 15428/16) - Court underscores importance of direct news-gathering by journalists

European Human Rights Cases, 2020.

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Hugenholtz, P., Poort, J.

Film Financing in the Digital Single Market: Challenges to Territoriality

IIC, 51 (2), pp. 167-186, 2020.

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@article{Hugenholtz2020,
title = {Film Financing in the Digital Single Market: Challenges to Territoriality},
author = {Hugenholtz, P. and Poort, J.},
url = {https://link.springer.com/content/pdf/10.1007%2Fs40319-019-00900-2.pdf},
doi = {10.1007/s40319-019-00900-2},
year = {2020},
date = {2020-01-30},
journal = {IIC},
volume = {51},
number = {2},
pages = {167-186},
abstract = {This article discusses the role of territorial licences for feature films against the background of judicial and market developments in the EU. Currently, territorial licences are deemed a cornerstone of the exploitation and financing of films in Europe. However, current models of film financing are under increasing pressure both from market developments such as the turbulent growth of global online video platforms, and from developments in EU law aimed at removing national territorial barriers to the Single Market. Examples are the rule of Union-wide exhaustion of the distribution right, the EU Portability Regulation and the country of origin rules for satellite broadcasting and online simulcasting. EU competition law sets additional limits to grants of territorial exclusivity, and prohibits clauses in broadcasting and pay television licences that prevent or restrict “passive” sales to consumers/viewers in non-licensed territories. The freedom of right holders to preserve territorial exclusivity by way of contract is likely to become increasingly vulnerable to EU competition law, as underlying territorial rights no longer support territorial grants. For the film sector where territorial exclusivity remains indispensable, the European Commission could create specific competition law rules in the form of “block exemptions”. Language exclusivity \textendash i.e. exclusive grants of rights for distinct language versions of a film \textendash could provide a practical and legally more robust alternative to territorial licensing.},
keywords = {},
pubstate = {published},
tppubtype = {article}
}

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Dommering, E.

De 'Affaire Ruf': Crisis in het Stedelijk Museum

Brave New Books, 2020, ISBN: 9789402133592.

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