Keyword: Auteursrecht
Fair use in Europe external link
Abstract
Examining the mismatch between copyright law and technology-influence evolving social norms in the European Union.
Auteursrecht, fair use, Intellectuele eigendom
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Bibtex
European Union Competence in the Field of Copyright external link
The Levy Runs Dry: A Legal and Economic Analysis of EU Private Copying Levies external link
Abstract
This article provides a legal and economic analysis of private copying levies in the EU, against the background of the Copyright Directive (2001/29), a number of recent rulings by the European Court of Justice and the recommendations presented by mediator Vitorino earlier this year. It concludes that notwithstanding these rulings and recommendations, there remains a lack of concordance on the relevance of contractual stipulations and digital rights management technologies (DRM) for setting levies, and the concept of harm. While Mr. Vitorino and AG Sharpston (in the Opinion preceding VG Wort v Kyocera) use different lines of reasoning to argue that levies raised on authorized copies would lead to double payment, the Court of Justice’s decision in VG Wort v Kyocera seems to conclude that such copies should nonetheless be levied. If levies are to provide fair compensation for harm resulting from acts of private copying, economic analysis suggests one should distinguish between various kinds of private copies and take account of the extent to which the value said copies have for consumers can be priced into the purchase. Given the availability of DRM (including technical protection measures), the possibility of such indirect appropriation leads to the conclusion that the harm from most kinds of private copies is de minimis and gives no cause for levies. The user value of copies from unauthorised sources (e.g. from torrent networks or cyber lockers), on the other hand, cannot be appropriated indirectly by rightholders. It is however an open question in references for preliminary rulings pending at the Court of Justice whether these copies are included in the scope of the private copying exception or limitation and can thus be be levied for. If they are not, as currently happens in several EU Member States, legal and economic analysis leads to the conclusion that the scope of private copying acts giving rise to harm susceptible of justifying levies is gradually diminishing.
Auteursrecht, DRM, exception or limitation, fair compensation, harm, Intellectuele eigendom, levies, private copying, technological protection measures
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Annotatie bij Hoge Raad 23 november 2012 (Stichting Leenrecht / Vereniging van Openbare Bibliotheken) external link
Annotatie bij Hof van Justitie 24 november 2011 (Scarlet / Sabam) external link
Filtering for Copyright Enforcement in Europa after the Sabam cases external link
Abstract
Sabam, a Belgian collective rights management organisation, wanted an internet access provider and a social network site to install a filter system to enforce copyrights. In two recent judgments, the Court of Justice of the European Union decided that the social network site and the internet access provider cannot be required to install the filter system that Sabam asked for. Are these judgments good news for fundamental rights? This article argues that little is won for privacy and freedom of information.
Auteursrecht, Intellectuele eigendom
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Bibtex
Creative Commons and Related Rights in Sound Recordings: Are the Two Systems Compatible? external link
Abstract
Can the will of the author cancel her copyright? The Creative Commons licensing system depends on a positive answer to this question, and indeed, in the area of copyright proper, for the most part this is the case. But the related rights of performers and phonogram producers are a different matter: in addition to their exclusive rights, performers and phonogram producers are also granted a right to equitable remuneration for the use of their phonograms in communications to the public or broadcasting by wireless means. Given that, in many EU Member States the right to equitable remuneration has been implemented in the form of a (waivable or non-waivable) compulsory licensing scheme, while, even where a voluntary license scheme is in place, the functional reality of collecting societies will limit the flexibility that this will allow right-owners, the following question arises: is the legal framework of related rights and the collective management systems in place for the exploitation of these rights compatible with the use of Creative Commons licenses? This book chapter attempts to answer this complicated question with regard to the law of the two EU Member States of the UK and the Netherlands. The issue is examined against the backdrop of the innovative flexible collective management pilot project was initiated for musical works between Buma/Stemra, the Dutch collecting society for music authors and publishers, and Creative Commons Netherlands, the Dutch branch of Creative Commons. The chapter concludes that, when contemplating the application of Creative Commons licenses to musical works in the context of the user’s obligation to pay equitable remuneration to the performer and phonogram producer for use of a phonogram in a communication to the public or broadcast, three main circumstances must be kept in mind: (a) Whether the work has been published for commercial purposes; (b) Whether the work is offered by the user on an interactive, on-demand basis; (c) What type of licensing scheme is established in the country in question for the management of the right.
Auteursrecht, Intellectuele eigendom