Creative Commons Licenses: What to Do with the Database Right?

Creative Commons Licenses: What to Do with the Database Right? external link

num: 6, 2011

Abstract

Contrary to other types of open content licenses, Creative Commons licenses are intended to be translated and adapted to the laws of a maximum of jurisdictions in the world. Local or regional peculiarities of the copyright regime can sometimes require an adaptation to the licenses that would disrupt their worldwide similarity. This article focuses on one of these peculiarities: the European sui generis database right. It describes how the database right was excluded from the scope of the Creative Commons licenses and discusses the possible consequences of such an exclusion for the Creative Commons movement and for the users of the licenses in Europe.

Links

http://www.ivir.nl/publicaties/download/SCL_2011_6.pdf

Databankenrecht, Intellectuele eigendom

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Open Content Licensing from Theory to Practice external link

Guibault, L. & Angelopoulos, C.

Amsterdam University Press, 0706, pp: 295 , ISBN: 9789089643070

Abstract

This book assembles chapters written by renowned European scholars on a number of selected issues relating to open content licensing. It offers a comprehensive and objective study of the principles of open content from a European intellectual property law perspective and of their possible implementation in practice.

Links

http://www.ivir.nl/publicaties/download/9789089643070_TEXT_HR_DRUK.pdf

Intellectuele eigendom

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Open Content Licensing from Theory to Practice – An Introduction external link

Guibault, L.

Amsterdam University Press, pp: 7-20, 2011

Links

http://www.ivir.nl/publicaties/download/Open%20Content%20Licensing%20-%20Chapter%201.pdf

Auteursrecht, Intellectuele eigendom

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Owning the Right to Open Up Access to Scientific Publications external link

Guibault, L.

pp: 137-167, 2011

Links

http://www.ivir.nl/publicaties/download/Open%20Content%20Licensing%20-%20Chapter%206.pdf

Auteursrecht, Intellectuele eigendom

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Report of the Netherlands external link

Guibault, L.

2011

Links

http://www.ivir.nl/publicaties/download/Netherlands%20balance%20of%20copyright%20report%20final%2006092011.pdf

Auteursrecht, Intellectuele eigendom

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Cross-border extended collective licensing: a solution to online dissemination of Europe’s cultural heritage? external link

Guibault, L. & Axhamn, J.

2011

Links

http://www.ivir.nl/publicaties/download/ECL_Europeana_final_report092011.pdf

Auteursrecht, Intellectuele eigendom

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The Regulation of Digital Content Contracts in the Optional Instrument of Contract Law external link

Loos, M.B.M., Mak, C., Guibault, L. & Helberger, N.

European Review of Private Law, num: 6, pp: 729-758, 2012

Abstract

The past decade has shown a rapid development of the markets for digital content. The further development of these markets, however, may be hindered because of the lack of a functioning legal framework to deal with digital content contracts. In this article, it is argued that the future Optional Instrument should contain rules governing digital content contracts. Moreover, suggestions are made as to the content of such rules.

Links

http://www.ivir.nl/publicaties/download/ERPL_2011_6.pdf

Auteursrecht, Intellectuele eigendom

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Solving Europeana’s mass-digitization issues through Extended Collective Licensing? external link

Guibault, L. & Axhamn, J.

Nordiskt Immateriellt Rättsskydd, num: 6, pp: 509-516, 2012

Abstract

The ever increasing use of the Internet and of digitization technologies have opened up new possibilities for distributing and accessing creative content online, including for cultural heritage institutions. However, the digitization and dissemination of a substantial proportion of the collections held by European cultural institutions maybe considerably hindered due to high transaction costs related to clearance of copyright and related rights. This holds equally true for the cultural institutions taking part in the Europeana project. A recent study - Cross-border extended collective licensing: a solution to online dissemination of Europe's cultural heritage - examines whether the Nordic 'extended collective licensing' (ECL) model could provide a viable solution to the problems of digitization and dissemination of copyright protected works held by cultural heritage institutions, with a brief incursion into the issue of the cross-border dissemination of works. This article summarises the main findings of the study.

Links

http://www.ivir.nl/publicaties/download/extended_collective_licensing.pdf

Auteursrecht, Intellectuele eigendom

RIS

TY  - JOUR
AU  - Guibault, L.
AU  - Axhamn, J.
PY  - 0222
DA  - 2012-02-22
T1  - Solving Europeana’s mass-digitization issues through Extended Collective Licensing?
JO  - Nordiskt Immateriellt Rättsskydd
NV  - 6
SP  - 509-516
UR  - http://www.ivir.nl/publicaties/download/extended_collective_licensing.pdf
AB  - The ever increasing use of the Internet and of digitization technologies have opened up new possibilities for distributing and accessing creative content online, including for cultural heritage institutions. However, the digitization and dissemination of a substantial proportion of the collections held by European cultural institutions maybe considerably hindered due to high transaction costs related to clearance of copyright and related rights. This holds equally true for the cultural institutions taking part in the Europeana project. A recent study - Cross-border extended collective licensing: a solution to online dissemination of Europe's cultural heritage - examines whether the Nordic 'extended collective licensing' (ECL) model could provide a viable solution to the problems of digitization and dissemination of copyright protected works held by cultural heritage institutions, with a brief incursion into the issue of the cross-border dissemination of works. This article summarises the main findings of the study.
K1  - Auteursrecht
K1  - Intellectuele eigendom
ER  -

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Article{nokey,
	title = {Solving Europeana’s mass-digitization issues through Extended Collective Licensing?},
	author = {Guibault, L. and Axhamn, J.},
	year = {0222},
	date = {2012-02-22},
	journal = {Nordiskt Immateriellt Rättsskydd},
	number = {6},
	pages = {509-516},
	abstract = {The ever increasing use of the Internet and of digitization technologies have opened up new possibilities for distributing and accessing creative content online, including for cultural heritage institutions. However, the digitization and dissemination of a substantial proportion of the collections held by European cultural institutions maybe considerably hindered due to high transaction costs related to clearance of copyright and related rights. This holds equally true for the cultural institutions taking part in the Europeana project. A recent study - Cross-border extended collective licensing: a solution to online dissemination of Europe's cultural heritage - examines whether the Nordic 'extended collective licensing' (ECL) model could provide a viable solution to the problems of digitization and dissemination of copyright protected works held by cultural heritage institutions, with a brief incursion into the issue of the cross-border dissemination of works. This article summarises the main findings of the study.},
	keywords = {Auteursrecht, Intellectuele eigendom},
}

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The Press Exception in the Dutch Copyright Act external link

Guibault, L.

A Century of Dutch Copyright Law. Auteurswet 1912-2012, P.B. Huegnholtz, A.A. Quaedvlieg & D.J.G Vi, deLex 2012, 1030, ISBN: 9789086920372

Links

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

Auteursrecht, Intellectuele eigendom

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Report for the Council of Europe on the Neighbouring Rights Protection of Broadcasting Organisations: Current Problems and Possible Lines of Action external link

Helberger, N.

2000

Abstract

This report analyses to what extent the Rome Convention (1961) and relevant instruments of the Council of Europe in the intellectual property field provide for sufficient protection of broadcasters in Europe. Background to the report is the changing technological environment over the last 40 years, particularly as regards convergence of the telecommunications, media and information technologies, piracy and the development of new services such as digital broadcasting services. The situation will be compared to current legal developments at EC and WIPO level. The aim of the report was to examine eventual gaps in protection where existing regulations are applied in modern times and to investigate in further activities which could be undertaken within the framework of the Council of Europe to ensure the satisfactory protection of the rights of broadcasting organisations. The study was commissioned by the Council of Europe. Views expressed in the report are not those of the Organisation.

Links

http://www.ivir.nl/publicaties/download/262.pdf

Intellectuele eigendom, Naburige rechten

RIS

TY  - RPRT
AU  - Helberger, N.
PY  - 1129
DA  - 2000-11-29
T1  - Report for the Council of Europe on the Neighbouring Rights Protection of Broadcasting Organisations: Current Problems and Possible Lines of Action
UR  - http://www.ivir.nl/publicaties/download/262.pdf
AB  - This report analyses to what extent the Rome Convention (1961) and relevant instruments of the Council of Europe in the intellectual property field provide for sufficient protection of broadcasters in Europe. Background to the report is the changing technological environment over the last 40 years, particularly as regards convergence of the telecommunications, media and information technologies, piracy and the development of new services such as digital broadcasting services. The situation will be compared to current legal developments at EC and WIPO level. The aim of the report was to examine eventual gaps in protection where existing regulations are applied in modern times and to investigate in further activities which could be undertaken within the framework of the Council of Europe to ensure the satisfactory protection of the rights of broadcasting organisations. The study was commissioned by the Council of Europe. Views expressed in the report are not those of the Organisation.
K1  - Intellectuele eigendom
K1  - Naburige rechten
ER  -

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Report{nokey,
	title = {Report for the Council of Europe on the Neighbouring Rights Protection of Broadcasting Organisations: Current Problems and Possible Lines of Action},
	author = {Helberger, N.},
	year = {1129},
	date = {2000-11-29},
	abstract = {This report analyses to what extent the Rome Convention (1961) and relevant instruments of the Council of Europe in the intellectual property field provide for sufficient protection of broadcasters in Europe. Background to the report is the changing technological environment over the last 40 years, particularly as regards convergence of the telecommunications, media and information technologies, piracy and the development of new services such as digital broadcasting services. The situation will be compared to current legal developments at EC and WIPO level. The aim of the report was to examine eventual gaps in protection where existing regulations are applied in modern times and to investigate in further activities which could be undertaken within the framework of the Council of Europe to ensure the satisfactory protection of the rights of broadcasting organisations. The study was commissioned by the Council of Europe. Views expressed in the report are not those of the Organisation.},
	keywords = {Intellectuele eigendom, Naburige rechten},
}

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