Keyword: Auteursrecht
Global Online Piracy Study external link
Abstract
The percentage of Internet users in Europe that occasionally download or stream music, films, series, books or games illegally has decreased between 2014 and 2017. The decrease is greatest for music, films and series. Meanwhile, expenditure on legal content has increased since 2014. This follows from the Global Online Piracy Study that the Institute for Information Law (IViR) of the University of Amsterdam published today.
Copyright, downloading, Internet, piracy
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HEKS’NKAAS at the CJEU: the end of a cheese-war or the beginning of a new copyright era? external link
Untangling the Hyperlinking Web: In Search of the Online Right of Communication to the Public external link
Abstract
This article examines the online right of communication to the public under EUlaw and its interpretation by the Court of Justice of the EU. The focus of the analysis is on the controversial application of the right to hyperlinking, and its implications for the online activities of users and intermediaries. After outlining the international and EU legal framework on the right of communication to the public, the article advances a conceptual framework for the interpretation of the exclusive right in the online environment, which is both based on, and attempts to bring coherence to, the Court's complex case law. On this basis, the article then explores and critically assesses the main areas of legal uncertainty for the online application of the right and the normative considerations at stake—especially fundamental rights and the promotion of technological development—offering interpretative and legislative solutions for their resolution. The article argues for abandoning the legislative proposals for a new right for press publishers and the so-called value gap, as both are fundamentally flawed. Instead, reform should focus on redefining the right of communication to the public and preserving safe harbors, especially for hosting providers.
Copyright, EU law, frontpage, hyperlinking, intermediary liability, right of communication to the public
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The cultural role(s) of collective management organizations external link
Abstract
Collective management organizations (CMOs) are, first and foremost, copyright and related rights licensing bodies managing vast sums of money. That does not, however, define the entire scope of their activities. For example, the 2014 EU Directive on collective management notes that CMOS "play, and should continue to play, an important role as promoters of the diversity of cultural expression". This article explains and evaluates the cultural functions that CMOs play.
collective management organizations, Copyright, frontpage
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Copyright Reconstructed: Rethinking Copyright’s Economic Rights in a Time of Highly Dynamic Technological and Economic Change external link
Abstract
The historical evolution of copyright has led to a growing disconnect between the legal definitions of economic rights and the business and technological realities they regulate, eroding copyright’s normative content and distorting the scope of its economic rights. This book, which consolidates the results of a major trans-European research project funded by Microsoft Europe, re-examines the core economic rights protected under EU copyright law, with the aim of bringing these rights more in line with economic and technological realities.
Copyright, Kluwer Information Law Series
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Reconstructing Rights: Project Synthesis and Recommendations external link
Abstract
In: Copyright Reconstructed: Rethinking Copyright's Economic Rights in a Time of Highly Dynamic Technological and Economic Change, P.B. Hugenholtz (ed.), Information Law Series, vol. 41, Alphen aan den Rijn: Wolters Kluwer 2018, ISBN: 978-90-411-9103-8.
Copyright, frontpage, Kluwer Information Law Series