The Commission’s proposed TDM exception: Who’s to benefit? external link

Auteursrecht, Technologie en recht

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International Survey on Private Copying WIPO – Thuiskopie external link

2016

Abstract

Presentation "International Survey on Private Copying WIPO – Thuiskopie" at International Conference on Private Copying, Hermitage Amsterdam 23 June 2016

Intellectuele eigendom, levies, private copy, private copying, thuiskopie, WIPO

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The role of regional media as a tool for building participatory democracy external link

Abstract

This study will first briefly give a theoretical framework for the relationship between regional media and participation in democratic society. It will then provide a comprehensive overview and analysis of Council of Europe standards that are of relevance to the regional media and therefore shape the environment in which they operate. Against that backdrop it will select and comment on different (national) regulatory, policy approaches to regional media and best or interesting practices. The study will identify and examine a range of challenges facing regional media – legal, political, cultural, linguistic and economic. These different dimensions will factor into the selection of best and interesting practices. The study will be theoretically-informed, politically-aware and solution-oriented.

Council of Europe, Democracy, Media law, Policy, regional media

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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

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.

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.

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

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Annotatie bij Hof van Justitie van de EU 3 september 2014 (Deckmyn / Vandersteen c.s.) external link

Nederlandse Jurisprudentie, num: 37, pp: 4661-4667, 2016

Auteursrecht, beperkingen, frontpage, Naburige rechten, parodie, reproductierecht

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Freedom of expression and defamation: A study of the case law of the European Court of Human Rights external link

Council of Europe, 1004, ISBN: 9789287182500

Abstract

Freedom of expression is a fundamental freedom, one of the cornerstones of democracy in Europe, enshrined in various key texts, including the European Convention on Human Rights. But the boundaries between freedom to criticise and damaging a person’s honour or reputation are not always very clear. By defining public insults and defamation, the law can set limits on freedom of expression, which is neither absolute nor boundless. But how far can it go? This study examines the details of the European Court of Human Right’s case law on defamation. It explores a range of substantive and procedural issues that the Court has considered, and clarifies the concept of defamation, positioning it in relation to freedom of expression and public debate. It explains how overly protective defamation laws can have a chilling effect on freedom of expression and public debate, and discusses the proportionality of defamation laws and their application.

case law, defamation, European Court of Human Rights, Freedom of expression, frontpage, Vrijheid van meningsuiting

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

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

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Shrinking core? Exploring the differential agenda setting power of traditional and personalized news external link

Möller, J., Helberger, N., Trilling, D., Irion, K. & Vreese, C.H. de
info, vol. 18, num: 6, pp: 26-41, 2016

Abstract

A shared issue agenda provides democracies with a set of topics that structure the public debate. The advent of personalized news media that use smart algorithms to tailor the news offer to the user challenges the established way of setting the agenda of such a common core of issues. This paper tests the effects of personalized news use on perceived importance of these issues in the common core. In particular we study whether personalized news use leads to a concentration at the top of the issue agenda or to a more diverse issue agenda with a long tail of topics. Based on a cross-sectional survey of a representative population sample (N=1556), we find that personalized news use does not lead to a small common core in which few topics are discussed extensively, yet there is a relationship between personalized news use and a preference for less discussed topics. This is a result of a specific user profile of personalized news users: younger, more educated news users are more interested in topics at the fringes of the common core and also make more use of personalized news offers. The results are discussed in the light of media diversity and recent advances in public sphere research.

common core, fragmentation, frontpage, Media law, media law & policy, Personalisation, survey

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

collective management, Copyright, Europeana, Licensing

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