Keyword: Auteursrecht
Answer to the EC Consultation on the ‘panorama exception’ external link
Derclaye E., Xalabarder, R., Vivant, M., Rognstad, O., Ricolfi, M., Peukert, A., Metzger, A., Kretschmer, M., Griffiths, J., Geiger, C., Dusollier, S., Bently, L., Benabou, V., Dinwoodie, G. & Hugenholtz, P.B.
2016
Answer to the EC Consultation on the role of publishers in the copyright value chain external link
Hugenholtz, P.B., Dinwoodie, G., Benabou, V., Bently, L., Dusollier, S., Geiger, C., Griffiths, J., Metzger, A., Xalabarder, R., Peukert, A., Ricolfi, M., Rognstad, O. & Vivant, M.
2016
Individual Licensing Models and Consumer Protection external link
2016
Abstract
Copyright law is not primarily directed at consumers. Their interests are therefore only marginally accounted for, as the copyright rules exempt specific uses of works from the right holder’s control. This chapter examines the impact of digital technology on the position of consumers of licensed copyrighted content. While ownership of the physical embodiment of a work does not entail the ownership of the rights in the work, how does copyright law deal with ‘disembodied’ works? Whereas digital content is now commonly distributed on the basis of individual licensing schemes, what does it mean for consumers? Do they have a claim under consumer protection law against copyright owners for the impossibility to make a copy for private purposes, the lack of interoperability between devices, and the geo-blocking of their account?
Auteursrecht, Consumer law, consumer protection, Copyright, digital content, geo-blocking, Intellectuele eigendom, interoperability, private copying
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Cultural Heritage Online? Settle it in the Country of Origin of the Work external link
JIPITEC, num: 3, pp: 173-191., 2016
Abstract
This article examines the conditions under which a system of extended collective licensing (ECL) for the use of works contained in the collections of cultural heritage institutions (CHIs) participating in Europeana could function within a cross-border basis. ECL is understood as a form of collective rights management whereby the application of freely negotiated copyright licensing agreements between a user and a collective management organisation (“CMO”), is extended by law to non-members of the organisation. ECL regimes have already been put in place in a few Member States and so far, all have the ability to apply only on a national basis. This article proposes a mechanism that would allow works licensed under an ECL system in one territory of the European Union to be made available in all the territories of the Union. The proposal rests on the statutory recognition of the “country of origin” principle, as necessary and sufficient territory for the negotiation and application of an ECL solution for the rights clearance of works contained in the collection of a cultural heritage institution, including orphan works.
Auteursrecht, Copyright, cross-border access, cultural heritage, extended collective licensing, Intellectuele eigendom
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Russia’s new anti-piracy law: A critical analysis external link
European Intellectual Property Review, num: 9, pp: 608-613., 2015
Abstract
This article analyses Russia's new anti-piracy law aimed at improving online enforcement of copyright and related rights. The article places the new developments in the context of the prior intellctual property rights enforcement regime and Russia's international and constitutional obligations to secure the right to freedom of expression. The author discusses and critically assesses the most important changes introduced by the new law, and draws conclusions about their correlation with freedom of expression, overall effectiveness and the impact on right holders, internet users and the internet industry.
Auteursrecht, blocking injunctions, Copyright, enforcement, Intellectuele eigendom, interim injunctions, online infringement, Russia
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Sketching the outline of a ghost: the fair balance between copyright and fundamental rights in intermediary third party liability external link
Info, num: 6, pp: 72-96., 2015
Is Europe Falling Behind in Data Mining? Copyright’s Impact on Data Mining in Academic Research external link
Guibault, L., Handke, C.W. & Vallbé, J.
2015
Abstract
This empirical paper discusses how copyright affects data mining (DM) by academic researchers. Based on bibliometric data, we show that where DM for academic research requires the express consent of rights holders: (1) DM makes up a significantly lower share of total research output; and (2) stronger rule-of-law is associated with less DM research. To our knowledge, this is the first time that an empirical study bears out a significant negative association between copyright protection and innovation.
academic research, Auteursrecht, Copyright, data mining, innovation, Intellectuele eigendom
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Alternative compensation models for large-scale non-commercial online use of works external link
pp: pp. 298-306, 2016
Abstract
This paper briefly discusses an alternative legal model to assure remuneration for non-commercial mass online uses by individuals, covered by the exclusive rights of reproduction and communication/making available to the public in Directive 2001/29/EC. Alternative compensation systems (ACS) are legal mechanisms that forsake the need for direct authorization of end-user acts under the aforementioned rights – downloading, uploading, sharing, modifying –, while simultaneously ensuring compensation to creators (i.e. authors and performers) or all rights holders of works included in the scheme. After providing some background, the paper explains the concept of ACS, outlines the legal models and challenges to its implementation and reports on the results of an ongoing interdisciplinary research project on the legal and socioeconomic feasibility of such systems carried out by the Institute for Information Law (IViR), University of Amsterdam. Chief among the findings are the willingness of users to pay for and participate in an ACS, its quantification and, using the case-study of recorded music, the realization that such a model holds the promise of being welfare increasing.
ACI ADAM, alternative compensation systems, Auteursrecht, collective rights management, content flat-rate, Copydan, Copyright, exceptions and limitations, Infosoc Directive, Intellectuele eigendom, levies, private copy
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Bibtex
Going means trouble and staying makes it double: the value of licensing recorded music online external link
Handke, C.W., Bodó, B. & Vallbé, J.
Journal of Cultural Economics, 2015
Abstract
This paper discusses whether a copyright compensation system (CCS) for recorded music—endowing private Internet subscribers with the right to download and use works in return for a fee—would be welfare increasing. It reports on the results of a discrete choice experiment conducted with a representative sample of the Dutch population consisting of 4986 participants. Under some conservative assumptions, we find that applied only to recorded music, a mandatory CCS could increase the welfare of rights holders and users in the Netherlands by over €600 million per year (over €35 per capita). This far exceeds current rights holder revenues from the market of recorded music of ca. €144 million per year. A monthly CCS fee of ca. €1.74 as a surcharge on Dutch Internet subscriptions would raise the same amount of revenues to rights holders as the current market for recorded music. With a voluntary CCS, the estimated welfare gains to users and rights holders are even greater for CCS fees below €20 on the user side. A voluntary CCS would also perform better in the long run, as it could retain a greater extent of market coordination. The results of our choice experiment indicate that a well-designed CCS for recorded music would simultaneously make users and rights holders better off. This result holds even if we correct for frequently observed rates of overestimation in contingent valuation studies.
Auteursrecht, collective rights management, compensation systems, Contingent valuation, Copyright, Intellectuele eigendom, Internet, Recorded music