Auteursrecht - Pagina 19 van 21

Digital libraries, digital law? A tale of copyright challenges and chances external link

What do we lose when we lose a library?, University Library, KU Leuven, 2016, pp: 179-187, ISBN: ISBN 978 94 6165 199 0

Abstract

This contribution inquires the following assumption: if libraries have a public task to provide low threshold access to (online) information, then shouldn’t copyright law, as a system of exclusive rights and exceptions which shares goals in the organization and dissemination of information, somehow facilitate that task?

Copyright, Copyright Directive, copyright reform, Darmstadt, digital libraries, exceptions, frontpage, libraries, Orphan Works Directive, public task

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Remuneration of authors of books and scientific journals, translators, journalists and visual artists for the use of their works external link

Salamanca, O. & Guibault, L.

2016, ISBN: 9789279541292

Abstract

A new EU study looks at the remuneration paid to authors in the print sector in ten EU countries (United Kingdom, France, Germany, Italy, Spain, Poland, Ireland, the Netherlands, Hungary and Denmark). The study was conducted to support policy-making in the area of copyright. The Commission is looking for evidence on whether, and to what extent, the differences that exist amongst the Member States' legislative frameworks affect levels of remuneration and the functioning of the internal market.

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DOI: https://doi.org/10.2759/14126

authors, Copyright, frontpage, journalists, remuneration, translators, visual artists

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Communication to a New Public? Three reasons why EU copyright law can do without a ‘new public’ external link

Hugenholtz, P.B. & Velze, S.C. van

IIC (International Review of Intellectual Property and Competition Law), vol. 47, num: 7, pp: 797-816, 2016

Abstract

This article critically examines the 'new public' test in EU copyright law, which was developed by the CJEU interpreting the right of communication to the public in cases of retransmission and hyperlinking. As the authors seek to demonstrate, this test is flawed for at least three reasons: historical, conceptual and economic. EU copyright law can do well without a 'new public' test.

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DOI: https://doi.org/10.1007/s40319-016-0512-7

aggregation, Auteursrecht, Berne Convention, communication to the public, Copyright, frontpage, hyperlinking, new public

RIS

TY  - JOUR
AU  - Hugenholtz, P.B.
AU  - Velze, S.C. van
PY  - 1118
DA  - 2016-11-18
T1  - Communication to a New Public? Three reasons why EU copyright law can do without a ‘new public’
JO  - IIC (International Review of Intellectual Property and Competition Law)
VL  - 47
NV  - 7
SP  - 797-816
UR  - http://link.springer.com/article/10.1007/s40319-016-0512-7?wt_mc=Internal.Event.1.SEM.ArticleAuthorAssignedToIssue
DO  - https://doi.org/10.1007/s40319-016-0512-7
AB  - This article critically examines the \'new public\' test in EU copyright law, which was developed by the CJEU interpreting the right of communication to the public in cases of retransmission and hyperlinking. As the authors seek to demonstrate, this test is flawed for at least three reasons: historical, conceptual and economic. EU copyright law can do well without a \'new public\' test.
K1  - aggregation
K1  - Auteursrecht
K1  - Berne Convention
K1  - communication to the public
K1  - Copyright
K1  - frontpage
K1  - hyperlinking
K1  - new public
ER  -

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International copyright reform in support of open legal information (working paper draft, Sep. 2016) external link

van Eechoud, M. & Guibault, L.

2016

Abstract

This paper analyzes the status of legal information under international and national copyright laws. It argues that the current uncertainties with respect to the copyright status of primary legal materials (legislation, court decisions) and secondary legal materials such as parliamentary records and other official texts relevant to the interpretation of law, constitute a barrier to access and use. The time has come for reform of the international copyright system in WIPO. International law should recognize explicitly that primary and secondary legal materials are public domain and thus not subject to copyright or related rights. This will bring outdated copyright norms across the world up to date with current developments: the trend towards universal recognition of the right to access government information as part of human rights, the UN’s sustainable development goals with respect to access to law, and the rapid growth of open government policies worldwide, supported by the Open Government Partnership (OGP).

access to law, Copyright, Freedom of expression, frontpage, Fundamental rights, open government, right to know

RIS

TY  - JOUR
AU  - van Eechoud, M.
AU  - Guibault, L.
PY  - 0930
DA  - 2016-09-30
T1  - International copyright reform in support of open legal information (working paper draft, Sep. 2016)
UR  - http://www.ivir.nl/publicaties/download/OpendataCopyrightReform_ODRSdraft-WP_sep16.pdf
AB  - This paper analyzes the status of legal information under international and national copyright laws. It argues that the current uncertainties with respect to the copyright status of primary legal materials (legislation, court decisions) and secondary legal materials such as parliamentary records and other official texts relevant to the interpretation of law, constitute a barrier to access and use. The time has come for reform of the international copyright system in WIPO. International law should recognize explicitly that primary and secondary legal materials are public domain and thus not subject to copyright or related rights. This will bring outdated copyright norms across the world up to date with current developments: the trend towards universal recognition of the right to access government information as part of human rights, the UN’s sustainable development goals with respect to access to law, and the rapid growth of open government policies worldwide, supported by the Open Government Partnership (OGP).
K1  - access to law
K1  - Copyright
K1  - Freedom of expression
K1  - frontpage
K1  - Fundamental rights
K1  - open government
K1  - right to know
ER  -

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Article{vanEechoud2016,
	title = {International copyright reform in support of open legal information (working paper draft, Sep. 2016)},
	author = {van Eechoud, M. and Guibault, L.},
	year = {0930},
	date = {2016-09-30},
	abstract = {This paper analyzes the status of legal information under international and national copyright laws. It argues that the current uncertainties with respect to the copyright status of primary legal materials (legislation, court decisions) and secondary legal materials such as parliamentary records and other official texts relevant to the interpretation of law, constitute a barrier to access and use. The time has come for reform of the international copyright system in WIPO. International law should recognize explicitly that primary and secondary legal materials are public domain and thus not subject to copyright or related rights. This will bring outdated copyright norms across the world up to date with current developments: the trend towards universal recognition of the right to access government information as part of human rights, the UN’s sustainable development goals with respect to access to law, and the rapid growth of open government policies worldwide, supported by the Open Government Partnership (OGP).},
	keywords = {access to law, Copyright, Freedom of expression, frontpage, Fundamental rights, open government, right to know},
}

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Europeana Sounds and Copyrights: The Need for and Challenges in Licensing Archival Material external link

Schroff, S.

2015

collective management, Copyright, Europeana, Licensing

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Regulating for Creativity and Cultural Diversity: the Case of Collective Management Organisations and the Music Industry external link

Street, J., Laing, D. & Schroff, S.

International Journal of Cultural Policy, pp: 1-16, 2017

Abstract

This paper explores the role of intermediary institutions in promoting creativity and cultural diversity in the music industry, and the impact of cultural policy on the performance of those intermediaries. It reviews some of the existing literature on the relationship between economic conditions and innovation in music, and argues that too little attention has been paid to intermediaries. Focusing on collective management organisations (CMOs) as one example of overlooked intermediaries, we illustrate, by way of comparison, the different priorities and incentives that drive CMO practice. These variations, we suggest, are important to appreciating how CMOs operate as intermediaries in different territories. We then turn our attention to recent attempts by the EU to reform CMO practice as part of its Digital Single Market project. The fact that the CMO has been an object of reform is indicative of its importance. However, there is more at stake here: the reforms themselves, in seeking to change the role and behaviour of CMOs will, we suggest, have profound consequences for the market in music in Europe, and for creativity and cultural diversity within that market.

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DOI: https://doi.org/http://dx.doi.org/10.1080/10286632.2016.1178733

collective management organisations, Copyright, creativity, cultural diversity, Digital Single Market, EU, frontpage, music industry

RIS

TY  - JOUR
AU  - Street, J.
AU  - Laing, D.
AU  - Schroff, S.
PY  - 0117
DA  - 2017-01-17
T1  - Regulating for Creativity and Cultural Diversity: the Case of Collective Management Organisations and the Music Industry
JO  - International Journal of Cultural Policy
SP  - 1-16
UR  - http://www.tandfonline.com/doi/full/10.1080/10286632.2016.1178733
DO  - https://doi.org/http://dx.doi.org/10.1080/10286632.2016.1178733
AB  - This paper explores the role of intermediary institutions in promoting creativity and cultural diversity in the music industry, and the impact of cultural policy on the performance of those intermediaries. It reviews some of the existing literature on the relationship between economic conditions and innovation in music, and argues that too little attention has been paid to intermediaries. Focusing on collective management organisations (CMOs) as one example of overlooked intermediaries, we illustrate, by way of comparison, the different priorities and incentives that drive CMO practice. These variations, we suggest, are important to appreciating how CMOs operate as intermediaries in different territories. We then turn our attention to recent attempts by the EU to reform CMO practice as part of its Digital Single Market project. The fact that the CMO has been an object of reform is indicative of its importance. However, there is more at stake here: the reforms themselves, in seeking to change the role and behaviour of CMOs will, we suggest, have profound consequences for the market in music in Europe, and for creativity and cultural diversity within that market.
K1  - collective management organisations
K1  - Copyright
K1  - creativity
K1  - cultural diversity
K1  - Digital Single Market
K1  - EU
K1  - frontpage
K1  - music industry
ER  -

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Article{Street2016,
	title = {Regulating for Creativity and Cultural Diversity: the Case of Collective Management Organisations and the Music Industry},
	author = {Street, J. and Laing, D. and Schroff, S.},
	doi = {https://doi.org/http://dx.doi.org/10.1080/10286632.2016.1178733},
	year = {0117},
	date = {2017-01-17},
	journal = {International Journal of Cultural Policy},
	pages = {1-16},
	abstract = {This paper explores the role of intermediary institutions in promoting creativity and cultural diversity in the music industry, and the impact of cultural policy on the performance of those intermediaries. It reviews some of the existing literature on the relationship between economic conditions and innovation in music, and argues that too little attention has been paid to intermediaries. Focusing on collective management organisations (CMOs) as one example of overlooked intermediaries, we illustrate, by way of comparison, the different priorities and incentives that drive CMO practice. These variations, we suggest, are important to appreciating how CMOs operate as intermediaries in different territories. We then turn our attention to recent attempts by the EU to reform CMO practice as part of its Digital Single Market project. The fact that the CMO has been an object of reform is indicative of its importance. However, there is more at stake here: the reforms themselves, in seeking to change the role and behaviour of CMOs will, we suggest, have profound consequences for the market in music in Europe, and for creativity and cultural diversity within that market.},
	keywords = {collective management organisations, Copyright, creativity, cultural diversity, Digital Single Market, EU, frontpage, music industry},
}

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Response to the European Commission’s Public Consultation on the Review of the EU Satellite and Cable Directive external link

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.

2015

Copyright

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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

Copyright, frontpage

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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

Copyright, frontpage

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Individual Licensing Models and Consumer Protection external link

Guibault, L.

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

RIS

TY  - GEN
AU  - Guibault, L.
PY  - 2016
DA  - 2016-02-05
T1  - Individual Licensing Models and Consumer Protection
UR  - http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2713765
AB  - 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?
K1  - Auteursrecht
K1  - Consumer law
K1  - consumer protection
K1  - Copyright
K1  - digital content
K1  - geo-blocking
K1  - Intellectuele eigendom
K1  - interoperability
K1  - private copying
ER  -

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Other{nokey,
	title = {Individual Licensing Models and Consumer Protection},
	author = {Guibault, L.},
	year = {2016},
	date = {2016-02-05},
	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?},
	keywords = {Auteursrecht, Consumer law, consumer protection, Copyright, digital content, geo-blocking, Intellectuele eigendom, interoperability, private copying},
}

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