Freedom of expression - Pagina 4 van 5

Selected Aspects of Implementing Article 17 of the Directive on Copyright in the Digital Single Market into National Law – Comment of the European Copyright Society external link

Metzger, A., Senftleben, M., Derclaye E., Dreier, T., Geiger, C., Griffiths, J., Hilty, R., Hugenholtz, P.B., Riis, T., Rognstad, O.A., Strowel, A.M., Synodinou, T. & Xalabarder, R.

2020

Abstract

The national implementation of Article 17 of the Directive on Copyright in the Digital Single Market (DSMD) poses particular challenges. Article 17 is one of the most complex – and most controversial – provisions of the new legislative package which EU Member States must transpose into national law by 7 June 2021. Seeking to contribute to the debate on implementation options, the European Copyright Society addresses several core aspects of Article 17 that may play an important role in the national implementation process. It deals with the concept of online content-sharing service providers (OCSSPs) before embarking on a discussion of the licensing and content moderation duties which OCSSPs must fulfil in accordance with Article 17(1) and (4). The analysis also focuses on the copyright limitations mentioned in Article 17(7) that support the creation and dissemination of transformative user-generated content (UGC). It also discusses the appropriate configuration of complaint and redress mechanisms set forth in Article 17(9) that seek to reduce the risk of unjustified content removals. Finally, the European Copyright Society addresses the possibility of implementing direct remuneration claims for authors and performers, and explores the private international law aspect of applicable law – an impact factor that is often overlooked in the debate.

Links

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3589323

algorithmic enforcement, applicable law, collective copyright management, content hosting, Content moderation, copyright contract law, EU copyright law, filtering mechanisms, Freedom of expression, Licensing, notice-and-takedown, private international law, transformative use, user-generated content

RIS

TY  - JOUR
AU  - Metzger, A.
AU  - Senftleben, M.
AU  - Derclaye E.
AU  - Dreier, T.
AU  - Geiger, C.
AU  - Griffiths, J.
AU  - Hilty, R.
AU  - Hugenholtz, P.B.
AU  - Riis, T.
AU  - Rognstad, O.A.
AU  - Strowel, A.M.
AU  - Synodinou, T.
AU  - Xalabarder, R.
PY  - 0507
DA  - 2020-05-07
T1  - Selected Aspects of Implementing Article 17 of the Directive on Copyright in the Digital Single Market into National Law – Comment of the European Copyright Society
AB  - The national implementation of Article 17 of the Directive on Copyright in the Digital Single Market (DSMD) poses particular challenges. Article 17 is one of the most complex – and most controversial – provisions of the new legislative package which EU Member States must transpose into national law by 7 June 2021. Seeking to contribute to the debate on implementation options, the European Copyright Society addresses several core aspects of Article 17 that may play an important role in the national implementation process. It deals with the concept of online content-sharing service providers (OCSSPs) before embarking on a discussion of the licensing and content moderation duties which OCSSPs must fulfil in accordance with Article 17(1) and (4). The analysis also focuses on the copyright limitations mentioned in Article 17(7) that support the creation and dissemination of transformative user-generated content (UGC). It also discusses the appropriate configuration of complaint and redress mechanisms set forth in Article 17(9) that seek to reduce the risk of unjustified content removals. Finally, the European Copyright Society addresses the possibility of implementing direct remuneration claims for authors and performers, and explores the private international law aspect of applicable law – an impact factor that is often overlooked in the debate.
K1  - algorithmic enforcement
K1  - applicable law
K1  - collective copyright management
K1  - content hosting
K1  - Content moderation
K1  - copyright contract law
K1  - EU copyright law
K1  - filtering mechanisms
K1  - Freedom of expression
K1  - Licensing
K1  - notice-and-takedown
K1  - private international law
K1  - transformative use
K1  - user-generated content
ER  -

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Article{Metzger2020,
	title = {Selected Aspects of Implementing Article 17 of the Directive on Copyright in the Digital Single Market into National Law – Comment of the European Copyright Society},
	author = {Metzger, A. and Senftleben, M. and Derclaye E. and Dreier, T. and Geiger, C. and Griffiths, J. and Hilty, R. and Hugenholtz, P.B. and Riis, T. and Rognstad, O.A. and Strowel, A.M. and Synodinou, T. and Xalabarder, R.},
	url = {https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3589323},
	year = {0507},
	date = {2020-05-07},
	abstract = {The national implementation of Article 17 of the Directive on Copyright in the Digital Single Market (DSMD) poses particular challenges. Article 17 is one of the most complex – and most controversial – provisions of the new legislative package which EU Member States must transpose into national law by 7 June 2021. Seeking to contribute to the debate on implementation options, the European Copyright Society addresses several core aspects of Article 17 that may play an important role in the national implementation process. It deals with the concept of online content-sharing service providers (OCSSPs) before embarking on a discussion of the licensing and content moderation duties which OCSSPs must fulfil in accordance with Article 17(1) and (4). The analysis also focuses on the copyright limitations mentioned in Article 17(7) that support the creation and dissemination of transformative user-generated content (UGC). It also discusses the appropriate configuration of complaint and redress mechanisms set forth in Article 17(9) that seek to reduce the risk of unjustified content removals. Finally, the European Copyright Society addresses the possibility of implementing direct remuneration claims for authors and performers, and explores the private international law aspect of applicable law – an impact factor that is often overlooked in the debate.},
	keywords = {algorithmic enforcement, applicable law, collective copyright management, content hosting, Content moderation, copyright contract law, EU copyright law, filtering mechanisms, Freedom of expression, Licensing, notice-and-takedown, private international law, transformative use, user-generated content},
}

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Implications of AI-driven tools in the media for freedom of expression external link

Helberger, N., Eskens, S., Drunen, M. van, Bastian, M. & Möller, J.

2020

Abstract

Background Paper to the Ministerial Conference "Artificial Intelligence - Intelligent Politics: Challenges and opportunities for media and democracy, Cyprus, 28-29 May 2020."

Links

https://www.ivir.nl/publicaties/download/AI-and-Freedom-of-Expression.pdf

Artificial intelligence, Freedom of expression, frontpage, Media law

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Article 10 ECHR and Expressive Conduct external link

Fahy, R. & Voorhoof, D.

Communications Law, vol. 24, num: 2, pp: 62-73, 2019

Abstract

The European Court of Human Rights has recently delivered a series of judgments finding violations of the right to freedom of expression over convictions for engaging in expressive conduct. The purpose of this article is to discuss the European Court's recent case law on expressive conduct under Article 10 of the European Convention on Human Rights, and in particular to assess in what circumstances, if any, domestic courts may impose prison sentences, even if suspended, on individuals engaging in peaceful, but provocative and offensive expression.

Links

https://www.ivir.nl/publicaties/download/Communications_Law_2019.pdf

article 10, expressive conduct, Freedom of expression, frontpage

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Advocate General Turns down the Music – Sampling Is Not a Fundamental Right under EU Copyright Law external link

Jütte, B. & Quintais, J.

European Intellectual Property Review , vol. 41, num: 10, pp: 654-657, 2019

Abstract

In his Opinion in Pelham (C-467/17) Advocate General Szpunar suggests that the use of samples from sound recordings is not permitted under the European copyright rules. While applying an extensive interpretation of the scope of the rights of phonogram producers, he rejects an extensive interpretation of the quotation exception and limits the role of fundamental rights as external checks to copyright law. Despite its merits, there are key aspects of the Opinion that raise concerns: a too broad interpretation of the reproduction right; and an unduly strict view of copyright exceptions – especially quotation – and the role of fundamental rights in shaping the scope of copyright protection. On those points, we suggest that the Court does not follow the Opinion.

Links

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3377205

Copyright, EU law, Freedom of expression, frontpage, Fundamental rights, limitations and exceptions, music sampling

RIS

TY  - JOUR
AU  - Jütte, B.
AU  - Quintais, J.
PY  - 2019
DA  - 2019-05-09
T1  - Advocate General Turns down the Music – Sampling Is Not a Fundamental Right under EU Copyright Law
JO  - European Intellectual Property Review 
VL  - 41
NV  - 10
SP  - 654-657
AB  - In his Opinion in Pelham (C-467/17) Advocate General Szpunar suggests that the use of samples from sound recordings is not permitted under the European copyright rules. While applying an extensive interpretation of the scope of the rights of phonogram producers, he rejects an extensive interpretation of the quotation exception and limits the role of fundamental rights as external checks to copyright law. Despite its merits, there are key aspects of the Opinion that raise concerns: a too broad interpretation of the reproduction right; and an unduly strict view of copyright exceptions – especially quotation – and the role of fundamental rights in shaping the scope of copyright protection. On those points, we suggest that the Court does not follow the Opinion.
K1  - Copyright
K1  - EU law
K1  - Freedom of expression
K1  - frontpage
K1  - Fundamental rights
K1  - limitations and exceptions
K1  - music sampling
ER  -

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Article{Jütte2019,
	title = {Advocate General Turns down the Music – Sampling Is Not a Fundamental Right under EU Copyright Law},
	author = {Jütte, B. and Quintais, J.},
	url = {https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3377205},
	year = {2019},
	date = {2019-05-09},
	journal = {European Intellectual Property Review },
	volume = {41},
	number = {10},
	pages = {654-657},
	abstract = {In his Opinion in Pelham (C-467/17) Advocate General Szpunar suggests that the use of samples from sound recordings is not permitted under the European copyright rules. While applying an extensive interpretation of the scope of the rights of phonogram producers, he rejects an extensive interpretation of the quotation exception and limits the role of fundamental rights as external checks to copyright law. Despite its merits, there are key aspects of the Opinion that raise concerns: a too broad interpretation of the reproduction right; and an unduly strict view of copyright exceptions – especially quotation – and the role of fundamental rights in shaping the scope of copyright protection. On those points, we suggest that the Court does not follow the Opinion.},
	keywords = {Copyright, EU law, Freedom of expression, frontpage, Fundamental rights, limitations and exceptions, music sampling},
}

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An Analysis of Germany’s NetzDG Law external link

Tworek, H., & Leerssen, P.

2019

Links

https://www.ivir.nl/publicaties/download/NetzDG_Tworek_Leerssen_April_2019.pdf

Freedom of expression, frontpage, Germany, hate speech

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De/politisering van de Waarheid: Complottheorieën, alternatieve feiten en nepnieuws in het tijdperk van de postwaarheid external link

Harambam, J.

Sociologie, vol. 13, num: 1, pp: 73-92, 2018

Abstract

The Truth dominates many public discussions today. Conventional truths from established epistemic authorities about all sorts of issues, from climate change to terrorist attacks, are increasingly challenged by ordinary citizens and presidents alike. Many have therefore proclaimed that we have entered a post-truth era: a world in which objective facts are no longer relevant. Media and politics speak in alarmist discourse about how fake news, conspiracy theories and alternative facts threaten democratic societies by destabilizing the Truth ‐ a clear sign of a moral panic. In this essay, I firstly explore what sociological changes have led to (so much commotion about) the alleged demise of the Truth. In contrast to the idea that we have moved beyond it, I argue that we are amidst public battles about the Truth: at stake is who gets to decide over that and why. I then discuss and criticize the dominant counter reaction (re-establishing the idea of one objective and irrefutable truth), which I see as an unsuccessful de-politisation strategy. Basing myself on research and experiments with epistemic democracy in the field of science studies, I end with a more effective and democratic alternative of how to deal with knowledge in the complex information landscape of today.

Links

algoritmes, conspiracy theories, Fake news, fakenews, Freedom of expression, frontpage

RIS

TY  - JOUR
AU  - Harambam, J.
PY  - 1123
DA  - 2018-11-23
T1  - De/politisering van de Waarheid: Complottheorieën, alternatieve feiten en nepnieuws in het tijdperk van de postwaarheid
JO  - Sociologie
VL  - 13
NV  - 1
SP  - 73-92
DO  - https://doi.org/https://doi.org/10.5117/SOC2017.1.HARA
AB  - The Truth dominates many public discussions today. Conventional truths from established epistemic authorities about all sorts of issues, from climate change to terrorist attacks, are increasingly challenged by ordinary citizens and presidents alike. Many have therefore proclaimed that we have entered a post-truth era: a world in which objective facts are no longer relevant. Media and politics speak in alarmist discourse about how fake news, conspiracy theories and alternative facts threaten democratic societies by destabilizing the Truth ‐ a clear sign of a moral panic. In this essay, I firstly explore what sociological changes have led to (so much commotion about) the alleged demise of the Truth. In contrast to the idea that we have moved beyond it, I argue that we are amidst public battles about the Truth: at stake is who gets to decide over that and why. I then discuss and criticize the dominant counter reaction (re-establishing the idea of one objective and irrefutable truth), which I see as an unsuccessful de-politisation strategy. Basing myself on research and experiments with epistemic democracy in the field of science studies, I end with a more effective and democratic alternative of how to deal with knowledge in the complex information landscape of today.
K1  - algoritmes
K1  - conspiracy theories
K1  - Fake news
K1  - fakenews
K1  - Freedom of expression
K1  - frontpage
ER  -

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Article{Harambam2017,
	title = {De/politisering van de Waarheid: Complottheorieën, alternatieve feiten en nepnieuws in het tijdperk van de postwaarheid},
	author = {Harambam, J.},
	url = {https://www.ingentaconnect.com/contentone/aup/soc/2017/00000013/00000001/art00007#},
	doi = {https://doi.org/https://doi.org/10.5117/SOC2017.1.HARA},
	year = {1123},
	date = {2018-11-23},
	journal = {Sociologie},
	volume = {13},
	number = {1},
	pages = {73-92},
	abstract = {The Truth dominates many public discussions today. Conventional truths from established epistemic authorities about all sorts of issues, from climate change to terrorist attacks, are increasingly challenged by ordinary citizens and presidents alike. Many have therefore proclaimed that we have entered a post-truth era: a world in which objective facts are no longer relevant. Media and politics speak in alarmist discourse about how fake news, conspiracy theories and alternative facts threaten democratic societies by destabilizing the Truth ‐ a clear sign of a moral panic. In this essay, I firstly explore what sociological changes have led to (so much commotion about) the alleged demise of the Truth. In contrast to the idea that we have moved beyond it, I argue that we are amidst public battles about the Truth: at stake is who gets to decide over that and why. I then discuss and criticize the dominant counter reaction (re-establishing the idea of one objective and irrefutable truth), which I see as an unsuccessful de-politisation strategy. Basing myself on research and experiments with epistemic democracy in the field of science studies, I end with a more effective and democratic alternative of how to deal with knowledge in the complex information landscape of today.},
	keywords = {algoritmes, conspiracy theories, Fake news, fakenews, Freedom of expression, frontpage},
}

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Freedom of Expression, the Media and Journalists: Case-law of the European Court of Human Rights external link

McGonagle, T. & Voorhoof, D.

0517

Abstract

This e-book provides valuable insights into the European Court of Human Rights’ extensive case-law on freedom of expression and media and journalistic freedoms. With well over 30,000 downloads, the first three editions of the e-book (2013, 2015 and 2016) have proved hugely successful. The new fourth edition summarises over 270 judgments or decisions by the Court and provides hyperlinks to the full text of each of the summarised judgments or decisions (via HUDOC, the Court's online case-law database). For an optimal navigational experience, one should download the e-book and read the technical tips on p. 3.

Links

https://rm.coe.int/freedom-of-expression-the-media-and-journalists-iris-themes-vol-iii-de/16807c1181

case law, European Court of Human Rights, Freedom of expression, frontpage, Journalism, Media law

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Book{McGonagle2018,
	title = {Freedom of Expression, the Media and Journalists: Case-law of the European Court of Human Rights},
	author = {McGonagle, T. and Voorhoof, D.},
	url = {https://rm.coe.int/freedom-of-expression-the-media-and-journalists-iris-themes-vol-iii-de/16807c1181},
	year = {0517},
	date = {2018-05-17},
	abstract = {This e-book provides valuable insights into the European Court of Human Rights’ extensive case-law on freedom of expression and media and journalistic freedoms. With well over 30,000 downloads, the first three editions of the e-book (2013, 2015 and 2016) have proved hugely successful. The new fourth edition summarises over 270 judgments or decisions by the Court and provides hyperlinks to the full text of each of the summarised judgments or decisions (via HUDOC, the Court\'s online case-law database). For an optimal navigational experience, one should download the e-book and read the technical tips on p. 3.},
	keywords = {case law, European Court of Human Rights, Freedom of expression, frontpage, Journalism, Media law},
}

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The Chilling Effect of Liability for Online Reader Comments external link

Fahy, R.

European Human Rights Law Review, vol. 2017, num: 4, pp: 387-393, 2017

Abstract

This article assesses how the European Court of Human Rights has responded to the argument that holding online news media liable for reader comments has a chilling effect on freedom of expression. The article demonstrates how the Court first responded by dismissing the argument, and focused on the apparent lack of evidence for any such chilling effect. The article then argues that the Court has moved away from its initial rejection, and now accepts that a potential chilling effect, even without evidence, is integral to deciding whether online news media should be liable for reader comments. Finally, the article argues that this latter view is consistent with the Court’s precedent in other areas of freedom of expression law where a similar chilling effect may also arise.

Links

https://www.ivir.nl/publicaties/download/EHRLR_2017_4.pdf

chilling effect, defamation, electronic publishing, Freedom of expression, frontpage, Human rights, liability, online reader comments

RIS

TY  - JOUR
AU  - Fahy, R.
PY  - 0824
DA  - 2017-08-24
T1  - The Chilling Effect of Liability for Online Reader Comments
JO  - European Human Rights Law Review
VL  - 2017
NV  - 4
SP  - 387-393
AB  - This article assesses how the European Court of Human Rights has responded to the argument that holding online news media liable for reader comments has a chilling effect on freedom of expression. The article demonstrates how the Court first responded by dismissing the argument, and focused on the apparent lack of evidence for any such chilling effect. The article then argues that the Court has moved away from its initial rejection, and now accepts that a potential chilling effect, even without evidence, is integral to deciding whether online news media should be liable for reader comments. Finally, the article argues that this latter view is consistent with the Court’s precedent in other areas of
freedom of expression law where a similar chilling effect may also arise.
K1  - chilling effect
K1  - defamation
K1  - electronic publishing
K1  - Freedom of expression
K1  - frontpage
K1  - Human rights
K1  - liability
K1  - online reader comments
ER  -

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Bibtex

Article{Fahy2017b,
	title = {The Chilling Effect of Liability for Online Reader Comments},
	author = {Fahy, R.},
	url = {https://www.ivir.nl/publicaties/download/EHRLR_2017_4.pdf},
	year = {0824},
	date = {2017-08-24},
	journal = {European Human Rights Law Review},
	volume = {2017},
	number = {4},
	pages = {387-393},
	abstract = {This article assesses how the European Court of Human Rights has responded to the argument that holding online news media liable for reader comments has a chilling effect on freedom of expression. The article demonstrates how the Court first responded by dismissing the argument, and focused on the apparent lack of evidence for any such chilling effect. The article then argues that the Court has moved away from its initial rejection, and now accepts that a potential chilling effect, even without evidence, is integral to deciding whether online news media should be liable for reader comments. Finally, the article argues that this latter view is consistent with the Court’s precedent in other areas of
freedom of expression law where a similar chilling effect may also arise.},
	keywords = {chilling effect, defamation, electronic publishing, Freedom of expression, frontpage, Human rights, liability, online reader comments},
}

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Annotatie bij EHRM 22 november 2016 (Kaos GL / Turkije) external link

McGonagle, T.

European Human Right Cases, num: 6, 2017

Links

https://www.ivir.nl/publicaties/download/Annotatie_EHRC_2017_6.pdf

case law, EHRM, Freedom of expression, frontpage, protection of morals

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Freedom of Expression, the Media and Journalists: Case-law of the European Court of Human Rights external link

McGonagle, T. & Voorhoof, D.

European Audiovisual Observatory, 0413, ISBN: 9789287184351

Abstract

This e-book provides valuable insights into the European Court of Human Rights’ extensive case-law on freedom of expression and media and journalistic freedoms. With 30,000 downloads, the first and second editions of the e-book (2013, 2015) have proved hugely successful. The new updated edition summarises over 250 judgments or decisions by the Court and provides hyperlinks to the full text of each of the summarised judgments or decisions (via HUDOC, the Court's online case-law database). The latest edition of the e-book is also available in French and in German. For an optimal navigational experience, one should download the e-book and read the technical tips on p. 3.

Links

https://www.ivir.nl/publicaties/download/IRISThemesVolIII_2016.pdf

case law, European Court of Human Rights, Freedom of expression, frontpage, Journalism, Media law

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Bibtex

Book{McGonagle2017b,
	title = {Freedom of Expression, the Media and Journalists: Case-law of the European Court of Human Rights},
	author = {McGonagle, T. and Voorhoof, D.},
	url = {https://www.ivir.nl/publicaties/download/IRISThemesVolIII_2016.pdf},
	year = {0413},
	date = {2017-04-13},
	abstract = {This e-book provides valuable insights into the European Court of Human Rights’ extensive case-law on freedom of expression and media and journalistic freedoms. With 30,000 downloads, the first and second editions of the e-book (2013, 2015) have proved hugely successful. The new updated edition summarises over 250 judgments or decisions by the Court and provides hyperlinks to the full text of each of the summarised judgments or decisions (via HUDOC, the Court\'s online case-law database). The latest edition of the e-book is also available in French and in German. 
For an optimal navigational experience, one should download the e-book and read the technical tips on p. 3.},
	keywords = {case law, European Court of Human Rights, Freedom of expression, frontpage, Journalism, Media law},
}

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