Keyword: Auteursrecht
Annotatie bij Hof Arnhem-Leeuwarden 25 mei 2021 (Atlantic/Marell Boats) external link
Do We Need More Copyright Protection for Sports Events? download
The Regulatory Landscape for Copyright Content Moderation: Evaluation and Future Trajectories external link
Abstract
This webinar took place on 16 November 2021 and addressed the current status and future avenues for copyright content moderation in EU law, including a discussion on the rules on liability for online content-sharing service providers.
Auteursrecht, frontpage, Regulering
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Webharvesting external link
Abstract
Aan het volgende onderzoeksrapport ligt de doelstelling ten grondslag om te inventariseren wat juridisch, beleidsmatig en technisch nodig is om webharvesting mogelijk te maken, onder meer in de vorm van een zogenaamde nationale “domeincrawl”: het systematische kopiëren en archiveren van webpagina’s die een afspiegeling vormen van de Nederlandse sociale, culturele, economische, juridische, politieke en wetenschappelijke geschiedenis online.
Auteursrecht, erfgoed, frontpage, Informatierecht, Privacy, webharvesting
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Study on emerging issues on collective licensing practices in the digital environment external link
Abstract
Collective management of copyright and related rights is an important element of the copyright system. First and foremost, it can ensure that rightholders reap greater rewards. By exploiting economies of scale and network effects, collective management can also make markets for copyright licences more efficient, to benefit users and other stakeholders. This study examines two central aspects of collective management of copyright and related rights in Europe.
Part I documents the development of multi-territorial licensing of online rights in musical works in the European Economic Area (EEA) under Title III of Directive 2014/26/EU on Collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market (CRM Directive). It highlights the consequences of legal and regulatory reform, based on pervasive quantitative and qualitative data – produced in surveys, interviews and a workshop with stakeholders – and collected among collective management organisations (CMOs), rightholders, online music service providers, and national competent authorities.
Part II examines national mechanisms of collective licensing with an extended effect and comprehensive network of national experts, complemented by surveys of CMOs, as well as interviews with national competent authorities.
The present study provides a legal and economic analysis that can serve as input for the European Commission to draft the reports required by Article 40 of the CRM Directive and Article 12(6) of the Directive 2019/790/EU on copyright and related rights in the Digital Single Market (DSM Directive).
Links
Auteursrecht, collectief beheer, collectieve licenties, digitalisering, Europe, frontpage, Naburige rechten
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Annotatie bij Hof van Justitie EU 8 september 2020 (RAAP/PPI) external link
The Software Interface between Copyright and Competition Law: A Legal Analysis of Interoperability in Computer Programs
Abstract
The success of computer programs often depends on their ability to interoperate – or communicate – with other systems. In proprietary software development, however, the need to protect access to source code, including the interface information necessary for interoperability, is of vital importance. This apparent conflict gives rise to a complex interaction between copyright law and competition law, as the strong need for interoperability in computer programs affects both innovation and competition. This important book offers the first in-depth analysis of the current respective copyright and competition law approaches to interoperability. With respect to copyright law, the book offers an in-depth analysis of how copyright law has been applied to computer programs, how this form of protection affects interoperability, and how the European Software Directive – including its interpretation by courts in Member States – aims to facilitate interoperability. With respect to competition law, the author critically analyzes the application of Article 102 of the TFEU to refusals to supply interface information, including a discussion on the tension between copyright and competition law. The author also examines the substantial body of U.S. case law and accompanying literature on the interplay between copyright law, software and interoperability. Based further on a comparison with relevant ex-ante interconnection rules in European design protection law and telecommunications law, the author advances several recommendations aimed at facilitating interoperability in software copyright law. Three interrelated approaches combine to convey an integrated and immediately accessible understanding of the subject:
• how interoperability affects the balance between innovation and free competition in software ;
• which of two regimes – copyright law or competition law – should primarily be concerned with striking this balance as affected by interoperability; and
• which particular instruments are suitable to approach this problem within these respective regimes.
Because of the in-depth analysis of the software interoperability problem with related legal disciplines in both Europe and the United States, and due to the clarity of the presentation, this will be welcomed as a valuable resource by practitioners, jurists, and academics concerned with copyright protection of computer software, interoperability and the interaction between copyright and competition law.
Auteursrecht, Kluwer Information Law Series, Software
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Copyright and Electronic Commerce: Legal Aspects of Electronic Copyright Management external link
Abstract
The spectacular success of electronic commerce in recent years has seen an explosion in the availability of information and entertainment products on the Internet. This distribution of `content' is expected to continue as one of the major sources of growth on the Internet in the years ahead, raising concerns over the protection of content owners' rights.
Concerns over the effectiveness of the copyright system in a digital environment have inspired content providers to look for alternative protection regimes or strategies. These alternatives, such as the protection afforded by contract law and information technology, comprise important elements of the Electronic Copyright Management System (ECMS), a fully automated system of secure distribution, rights management, monitoring and payment of copyright-protected content currently being developed. Perhaps the largest multidisciplinary study conducted on ECMS to date is the IMPRIMATUR project, which was subsidised by the European Commission's Esprit Programme, and for which the Institute for Information Law of the University of Amsterdam (IViR) produced a series of legal studies.
This volume collects six fully revised and updated studies relating to copyright and electronic commerce which have resulted from the IViR's research. As well as examining the legal issues crucial to the development of electronic copyright management systems, the contributions address issues with wider implications for the law of copyright in general. Other aspects of information law are also considered, such as defamation, data protection, privacy and freedom of expression and information, as are general questions of contract and tort law.
Auteursrecht, Electronic commerce, Kluwer Information Law Series
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The Future of Copyright in a Digital Environment, Proceedings of the Royal Academy Colloquium external link
Abstract
This book contains a unique collection of papers, written by the world's foremost copyright scholars and practitioners, presented at the colloquium on The Future of Copyright in a Digital Environment in Amsterdam on July, 1995. This colloquium was organized by the Royal Netherlands Academy of Sciences (KNAW) and the Institute for Information Law at the University of Amsterdam.
This collection of papers is the first to cover the complete range of problems involved, including the scope of protected rights on the information superhighway, the application of exemptions and limitations, the collective administration of rights, resolving conflicts of law in an environment where territoriality is obsolete, alternatives to copyright protection and designing copyright for the future.
This book will prove a useful source of information for all those investigating the profound impact of the emerging digital environment on copyright law.
Auteursrecht, Kluwer Information Law Series