Auteursrecht - Pagina 18 van 21

EU Copyright Law and the Cloud: VCAST and the Intersection of Private Copying and Communication to the Public external link

Quintais, J. & Rendas, T.

Journal of Intellectual Property Law & Practice , vol. 2018, num: 9, pp: 711-719, 2018

Abstract

This article examines the applicability of the private copying exception to cloud services against the backdrop of the judgment of the Court of Justice of the European Union (CJEU) and the Opinion of Advocate General (AG) Szpunar in Case C-265/16, VCAST. The case raises the question of whether the exception protects services of an online platform allowing users to store copies of free-to-air TV programmes in private cloud storage spaces. The AG’s proposed answer was to consider that cloud copying could generally be covered by the exception, but the specific service of VCAST could not. The CJEU focused on VCAST’s service only, largely following AG Szpunar’s conclusion. The article explains and discusses both the Opinion and the Judgment, further addressing the possible implications of the case for the “leviability” of cloud-based services and the interface between the private copying exception and the right of communication to the public.

Links

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3113215

cloud, communication to the public, Copyright, frontpage, Infosoc Directive, private copying, VCAST

RIS

TY  - JOUR
AU  - Quintais, J.
AU  - Rendas, T.
PY  - 0202
DA  - 2018-02-02
T1  - EU Copyright Law and the Cloud: VCAST and the Intersection of Private Copying and Communication to the Public
JO  - Journal of Intellectual Property Law & Practice 
VL  - 2018
NV  - 9
SP  - 711-719
AB  - This article examines the applicability of the private copying exception to cloud services against the backdrop of the judgment of the Court of Justice of the European Union (CJEU) and the Opinion of Advocate General (AG) Szpunar in Case C-265/16, VCAST. 
The case raises the question of whether the exception protects services of an online platform allowing users to store copies of free-to-air TV programmes in private cloud storage spaces. The AG’s proposed answer was to consider that cloud copying could generally be covered by the exception, but the specific service of VCAST could not. The CJEU focused on VCAST’s service only, largely following AG Szpunar’s conclusion. 
The article explains and discusses both the Opinion and the Judgment, further addressing the possible implications of the case for the “leviability” of cloud-based services and the interface between the private copying exception and the right of communication to the public.
K1  - cloud
K1  - communication to the public
K1  - Copyright
K1  - frontpage
K1  - Infosoc Directive
K1  - private copying
K1  - VCAST
ER  -

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Bibtex

Article{Quintais2018b,
	title = {EU Copyright Law and the Cloud: VCAST and the Intersection of Private Copying and Communication to the Public},
	author = {Quintais, J. and Rendas, T.},
	url = {https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3113215},
	year = {0202},
	date = {2018-02-02},
	journal = {Journal of Intellectual Property Law & Practice },
	volume = {2018},
	number = {9},
	pages = {711-719},
	abstract = {This article examines the applicability of the private copying exception to cloud services against the backdrop of the judgment of the Court of Justice of the European Union (CJEU) and the Opinion of Advocate General (AG) Szpunar in Case C-265/16, VCAST. 
The case raises the question of whether the exception protects services of an online platform allowing users to store copies of free-to-air TV programmes in private cloud storage spaces. The AG’s proposed answer was to consider that cloud copying could generally be covered by the exception, but the specific service of VCAST could not. The CJEU focused on VCAST’s service only, largely following AG Szpunar’s conclusion. 
The article explains and discusses both the Opinion and the Judgment, further addressing the possible implications of the case for the “leviability” of cloud-based services and the interface between the private copying exception and the right of communication to the public.},
	keywords = {cloud, communication to the public, Copyright, frontpage, Infosoc Directive, private copying, VCAST},
}

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Rethinking Normal Exploitation: Enabling Online Limitations in EU Copyright Law external link

Quintais, J.

AMI, vol. 2017, num: 6, pp: 197-205, 2018

Abstract

The adoption of limitations to copyright is regulated at international and EU level by the three-step test. The major obstacle to new limitations for online use is a strict interpretation of the test, namely its second step, according to which a limitation shall not conflict with the normal exploitation of works. This article examines the test with a focus on the second step and its application to the digital and crossborder environment. It argues for a flexible and policy-oriented reading of the concept of normal exploitation. Following this approach could enable the introduction of new online limitations in EU law. In particular, within the context of current EU copyright reform, a flexible interpretation could support the introduction of a mandatory and unwaivable limitation for user-generated content.

Links

https://www.ivir.nl/publicaties/download/AMI_2017_6.pdf

Copyright, EU, exploitation, frontpage, limitations

RIS

TY  - JOUR
AU  - Quintais, J.
PY  - 2018
DA  - 2018-01-11
T1  - Rethinking Normal Exploitation: Enabling Online Limitations in EU Copyright Law
JO  - AMI
VL  - 2017
NV  - 6
SP  - 197-205
AB  - The adoption of limitations to copyright is regulated at international and EU level by the three-step test. The major obstacle to new limitations for online use is a strict interpretation of the test, namely its second step, according to which a limitation shall not conflict with the normal exploitation of works. This article examines the test with a focus on the second step and its application to the digital and crossborder environment. It argues for a flexible and policy-oriented reading of the concept of normal exploitation. Following this approach could enable the introduction of new online limitations in EU law. In particular, within the context of current EU copyright reform, a flexible interpretation could support the introduction of a mandatory and unwaivable limitation for user-generated content.
K1  - Copyright
K1  - EU
K1  - exploitation
K1  - frontpage
K1  - limitations
ER  -

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Bibtex

Article{Quintais2018,
	title = {Rethinking Normal Exploitation: Enabling Online Limitations in EU Copyright Law},
	author = {Quintais, J.},
	url = {https://www.ivir.nl/publicaties/download/AMI_2017_6.pdf},
	year = {2018},
	date = {2018-01-11},
	journal = {AMI},
	volume = {2017},
	number = {6},
	pages = {197-205},
	abstract = {The adoption of limitations to copyright is regulated at international and EU level by the three-step test. The major obstacle to new limitations for online use is a strict interpretation of the test, namely its second step, according to which a limitation shall not conflict with the normal exploitation of works. This article examines the test with a focus on the second step and its application to the digital and crossborder environment. It argues for a flexible and policy-oriented reading of the concept of normal exploitation. Following this approach could enable the introduction of new online limitations in EU law. In particular, within the context of current EU copyright reform, a flexible interpretation could support the introduction of a mandatory and unwaivable limitation for user-generated content.},
	keywords = {Copyright, EU, exploitation, frontpage, limitations},
}

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Copyright, Doctrine and Evidence-Based Reform external link

van Gompel, S.

JIPITEC, vol. 2017, num: 8, pp: 304-310, 2018

Abstract

Copyright lawmaking is conventionally embedded in a doctrinal tradition that gives much consideration to coherence and formal consistency with legal-theoretical foundations. This contrasts discernibly with the recent trend to base copyright policies and their elaboration into effective legal norms on empirical evidence. Recognizing that both approaches have their relative strengths and weaknesses, this paper explores how evidence-based policy can be reconciled with the traditional doctrinal approach to copyright lawmaking. It suggests that unproven doctrinal constellations that unnecessarily focus the legislative intention unequally on protecting copyright holders should be removed, but that lawmakers at the same time should also not stare blindly on economic evidence if legitimate claims based on fairness rationales are put forward, which also have to be weighed in as evidence.

Links

https://www.ivir.nl/publicaties/download/JIPITEC_2017.pdf

Copyright, doctrinal underpinnings, economic evidence, evidence-based policy, frontpage, lawmaking approaches, reform

RIS

TY  - JOUR
AU  - van Gompel, S.
PY  - 0105
DA  - 2018-01-05
T1  - Copyright, Doctrine and Evidence-Based Reform
JO  - JIPITEC
VL  - 2017
NV  - 8
SP  - 304-310
AB  - Copyright lawmaking is conventionally embedded in a doctrinal tradition that gives much consideration to coherence and formal consistency with legal-theoretical foundations. This contrasts discernibly with the recent trend to base copyright policies and their elaboration into effective legal norms on empirical evidence. Recognizing that both approaches have their relative strengths and weaknesses, this paper explores how evidence-based policy can be reconciled with the traditional doctrinal approach to copyright lawmaking. It suggests that unproven doctrinal constellations that unnecessarily focus the legislative intention unequally on protecting copyright holders should be removed, but that lawmakers at the same time should also not stare blindly on economic evidence if legitimate claims based on fairness rationales are put forward, which also have to be weighed in as evidence.
K1  - Copyright
K1  - doctrinal underpinnings
K1  - economic evidence
K1  - evidence-based policy
K1  - frontpage
K1  - lawmaking approaches
K1  - reform
ER  -

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Bibtex

Article{vanGompel2018,
	title = {Copyright, Doctrine and Evidence-Based Reform},
	author = {van Gompel, S.},
	url = {https://www.ivir.nl/publicaties/download/JIPITEC_2017.pdf},
	year = {0105},
	date = {2018-01-05},
	journal = {JIPITEC},
	volume = {2017},
	number = {8},
	pages = {304-310},
	abstract = {Copyright lawmaking is conventionally embedded in a doctrinal tradition that gives much consideration to coherence and formal consistency with legal-theoretical foundations. This contrasts discernibly with the recent trend to base copyright policies and their elaboration into effective legal norms on empirical evidence. Recognizing that both approaches have their relative strengths and weaknesses, this paper explores how evidence-based policy can be reconciled with the traditional doctrinal approach to copyright lawmaking. It suggests that unproven doctrinal constellations that unnecessarily focus the legislative intention unequally on protecting copyright holders should be removed, but that lawmakers at the same time should also not stare blindly on economic evidence if legitimate claims based on fairness rationales are put forward, which also have to be weighed in as evidence.},
	keywords = {Copyright, doctrinal underpinnings, economic evidence, evidence-based policy, frontpage, lawmaking approaches, reform},
}

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Who owns the broadcasting archives? Unravelling copyright ownership of broadcast content external link

Schroff, S.

deLex, 1101, ISBN: 978-90-86920-62-4

Abstract

Archives across the Netherlands are tasked to make their archives accessible online. However, progress has been slow, not least because it is difficult to determine who owns the rights to make works available online. Focusing on the Dutch public service radio and TV broadcasting sectors, this book addresses this challenge. First, it disentangles the nature of broadcasts by providing guidance on which aspects of a TV or radio broadcast can attract protection and who owns these. Secondly, it empirically establishes that the default ownership rules can only provide an incomplete picture of the rights ownership in the public service broadcasting sector: the ownership is more concentrated than copyright and neighbouring rights law suggests. Who owns the broadcasting archives? shows how different legal scenarios can explain this rights concentration and establishes their likely practical influence on industry practice in the public service broadcasting sector across time.

Links

https://www.ivir.nl/who-owns-the-broadcasting-archives-final-2/

Auteursrecht, broadcasting, Copyright, copyright ownership, quantitative methods

RIS

TY  - BOOK
AU  - S.
AU  - Schroff
PY  - 1101
DA  - 2017-11-01
T1  - Who owns the broadcasting archives? Unravelling copyright ownership of broadcast content
AB  - Archives across the Netherlands are tasked to make their archives accessible online. However, progress has been slow, not least because it is difficult to determine who owns the rights to make works available online. Focusing on the Dutch public service radio and TV broadcasting sectors, this book addresses this challenge. First, it disentangles the nature of broadcasts by providing guidance on which aspects of a TV or radio broadcast can attract protection and who owns these. Secondly, it empirically establishes that the default ownership rules can only provide an incomplete picture of the rights ownership in the public service broadcasting sector: the ownership is more concentrated than copyright and neighbouring rights law suggests.

Who owns the broadcasting archives? shows how different legal scenarios can explain this rights concentration and establishes their likely practical influence on industry practice in the public service broadcasting sector across time.
K1  - Auteursrecht
K1  - broadcasting
K1  - Copyright
K1  - copyright ownership
K1  - quantitative methods
ER  -

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Bibtex

Book{Schroff2017c,
	title = {Who owns the broadcasting archives? Unravelling copyright ownership of broadcast content},
	author = {S. and Schroff},
	url = {https://www.ivir.nl/who-owns-the-broadcasting-archives-final-2/},
	year = {1101},
	date = {2017-11-01},
	abstract = {Archives across the Netherlands are tasked to make their archives accessible online. However, progress has been slow, not least because it is difficult to determine who owns the rights to make works available online. Focusing on the Dutch public service radio and TV broadcasting sectors, this book addresses this challenge. First, it disentangles the nature of broadcasts by providing guidance on which aspects of a TV or radio broadcast can attract protection and who owns these. Secondly, it empirically establishes that the default ownership rules can only provide an incomplete picture of the rights ownership in the public service broadcasting sector: the ownership is more concentrated than copyright and neighbouring rights law suggests.

Who owns the broadcasting archives? shows how different legal scenarios can explain this rights concentration and establishes their likely practical influence on industry practice in the public service broadcasting sector across time.},
	keywords = {Auteursrecht, broadcasting, Copyright, copyright ownership, quantitative methods},
}

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Is Harmonization a Good Thing? The Case of the Copyright Acquis external link

Hugenholtz, P.B.

1117

Links

https://www.ivir.nl/publicaties/download/Is_harmonization_a_good_thing.pdf

Copyright, copyright acquis, European Union, harmonization, related rights, territoriality, unification

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AG Szpunar on VCAST: Copyright and the Cloud external link

Quintais, J. & Rendas, T.

2017

Abstract

On 7 September 2017, AG Szpunar delivered his opinion on Case C-265/16, VCAST. The case concerns the question of whether the private copying exception covers the services of an online platform that allows users to store copies of free-to-air TV programmes in private cloud storage spaces. AG Szpunar’s proposed answer was a mixed one: while cloud copying, in general, should be considered covered by the exception, the specific service offered by VCAST should not.

Links

http://copyrightblog.kluweriplaw.com/2017/10/09/ag-szpunar-vcast-copyright-cloud/

Case notes, Copyright, frontpage, online platform, private copying exception

RIS

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The proposed publishers’ right in press publications: an evidential mistake external link

van Gompel, S.

2017

Links

https://www.ivir.nl/publicaties/download/Publishers-right_SvG.pdf

Copyright, frontpage, press, publishers' right

RIS

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Literature review on the use of licensing in library context, and the limitations this creates to access to knowledge external link

Yakovleva, S.

vol. 2017, 2017

Abstract

The dual purpose of this literature review is, first, to identify and summarise limitations that result from the use of copyright licences in a library context, and, second, to illustrate these limitations with specific examples available in both the academic and grey literature. The licences discussed in the reviewed literature deal essentially with access to, and use of, digital content.

Links

https://www.ivir.nl/publicaties/download/limits_of_licensing_literature_review.pdf

access to knowledge, Copyright, frontpage, libraries, Licensing

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Estimating displacement rates of copyrighted content in the EU external link

Ende, M. van der, Poort, J., Haffner, R., Bas, P. de, Yagafarova, A., Rohlfs, S. & Til, H. van

2017

Abstract

The extent to which digital consumption of pirated materials displaces legitimate purchases is of fundamental importance for EU copyright policy design. The European Commission has commissioned Ecorys to carry out a study on the relation between online copyright infringement (digital piracy) and sales of copyrighted content. This study adds to the existing literature in at least three ways. Firstly, it compares piracy rates in multiple EU Member States calculated according to the same methodology. This makes it possible to compare results between countries. Secondly, displacement rates are estimated in the presence of an important recent phenomenon, i.e. the widespread availability of a wide variety of services for downloading or streaming content. Thirdly, the study includes minors to assess the extent of piracy among this group.

Links

Auteursrecht, Copyright, copyright policy, frontpage, online content, Online copright enforcement, online infringement, Online media

RIS

TY  - RPRT
AU  - Ende, M. van der
AU  - Poort, J.
AU  - Haffner, R.
AU  - Bas, P. de
AU  - Yagafarova, A.
AU  - Rohlfs, S.
AU  - Til, H. van
PY  - 0922
DA  - 2017-09-22
T1  - Estimating displacement rates of copyrighted content in the EU
DO  - https://doi.org/10.2780/26736
AB  - The extent to which digital consumption of pirated materials displaces legitimate purchases is of fundamental importance for EU copyright policy design. The European Commission has commissioned Ecorys to carry out a study on the relation between online copyright infringement (digital piracy) and sales of copyrighted content.

This study adds to the existing literature in at least three ways. Firstly, it compares piracy rates in multiple EU Member States calculated according to the same methodology. This makes it possible to compare results between countries. Secondly, displacement rates are estimated in the presence of an important recent phenomenon, i.e. the widespread availability of a wide variety of services for downloading or streaming content. Thirdly, the study includes minors to assess the extent of piracy among this group.
K1  - Auteursrecht
K1  - Copyright
K1  - copyright policy
K1  - frontpage
K1  - online content
K1  - Online copright enforcement
K1  - online infringement
K1  - Online media
ER  -

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Bibtex

Report{Ecorys&Poort-Displacement,
	title = {Estimating displacement rates of copyrighted content in the EU},
	author = {Ende, M. van der and Poort, J. and Haffner, R. and Bas, P. de and Yagafarova, A. and Rohlfs, S. and Til, H. van},
	url = {https://www.ivir.nl/publicaties/download/2015-Estimating-displacement-rates-of-copyrighted-content-in-the-EU-2.pdf},
	doi = {https://doi.org/10.2780/26736},
	year = {0922},
	date = {2017-09-22},
	abstract = {The extent to which digital consumption of pirated materials displaces legitimate purchases is of fundamental importance for EU copyright policy design. The European Commission has commissioned Ecorys to carry out a study on the relation between online copyright infringement (digital piracy) and sales of copyrighted content.

This study adds to the existing literature in at least three ways. Firstly, it compares piracy rates in multiple EU Member States calculated according to the same methodology. This makes it possible to compare results between countries. Secondly, displacement rates are estimated in the presence of an important recent phenomenon, i.e. the widespread availability of a wide variety of services for downloading or streaming content. Thirdly, the study includes minors to assess the extent of piracy among this group.},
	keywords = {Auteursrecht, Copyright, copyright policy, frontpage, online content, Online copright enforcement, online infringement, Online media},
}

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