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D5.6 – Policy Brief 1: Music Metadata Mainstreaming and EU Law download
Abstract
In order to enable composers, performers and the music industry to benefit from licensing opportunities in the field of new technologies, such as AI training, it is important to establish a comprehensive music metadata infrastructure that improves the visibility and accessibility of the European music repertoire in digital and algorithmic environments. Recognizing the need for metadata improvement, various European initiatives aim to increase awareness among artists and rightholders, and to build bridges between existing metadata collections and infrastructures. One central factor in the equation, however, has remained underexplored and underused to this day: despite the prohibition of formalities in the Berne Convention, it is conceivable to employ legal mechanisms, such as the notification of work-related information under Article 17(4)(b) of Directive 2019/790 on Copyright in the Digital Single Market, the opt-out mechanism relating to text and data mining that follows from Article 4(3) of the same Directive, and the EU rules on collective rights management, as well as the broader legal framework applicable to data spaces as vehicles to impose an obligation on rightholders to constantly provide updated music metadata in standardised form. If information stemming from these channels is pooled, the resulting accumulation of EU copyright data could lead to a promising reservoir of music metadata that is capable of enhancing and boosting licensing opportunities.
Copyright, metadata, music
RIS
Bibtex
§ 16 Digital Trade download
Abstract
This contribution on the TCA digital trade chapter unpacks the regulatory context, provides a commentary of the substantive provisions, and offers a comparative analysis of the TCA digital trade chapter with other trade deals of the EU and of other key players. One of the key issues of the EU-UK negotiations had been calibrating the interplay between the commitments on cross-border data flows and the protection of
personal data and privacy, which merits a special focus in this contribution. It is here that the TCA digital trade chapter signifies an interesting new modification of the EU external trade strategy at the interface between trade and privacy, with potentially important consequences for both the EU and the UK. The contribution concludes with an appraisal and an outlook.
Cross-border data flow, Digital trade, EU-UK TCA, Personal data protection
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Commentaar download
In Memoriam Antoon Quaedvlieg (1958-2024) download
Constitutionalism as a Way to Decolonize Global Data Law Development external link
Abstract
Data governance is being explored across all possible avenues, ranging from domestic laws, private standards to international treaties. Amidst this din, there are also constitutional contributions at different points of time with the potential to lay down the first principles for future adjudication and law making. This article analyses the legal histories of constitutions and landmark decisions related to public biometric use in India and South Africa to identify decolonial specificities. Global governance of data has the potential to spiral into international law making with states as the unit, without acknowledging the power differentials that exist within a state. It is time that the plurality of interests within nations are accommodated in the development of technology, as the architecture of the future. For the same, the article identifies global constitutionalism as the means through which any discussion of a global data law should be approached, taking into account the decolonial consensus in post-colonial states and its contemporary use in technological debates.
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constitutionalism, Data governance
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Opinie: De ene demonstratie is de andere niet, maar laat overheid niet vooraf grenzen stellen download
Developing a human-rights compatible governance framework for quantum computing
Abstract
Quantum computers hold significant promise for peaceful applications, but one of the more immediate potential applications is breaking of public key encryption technologies. This poses significant risks to the information security of global digital infrastructure in a broader sense. At the same time, the development of quantum computing is a quintessentially scientific undertaking. There is a tension in the scientific freedom required to develop these technologies, and the measures to mitigate the risks associated with quantum computers. Policy for resolving this tension must be in line with the human right to science, read together with the right to privacy and the right to freedom of expression. In this article, I apply these rights to the development of quantum computing to provide guidance for government policy on quantum computing. I conclude that states must create the conditions for scientific research to flourish, even if this research may carry significant societal risks. This applies also to research and development of quantum technologies. In the context of quantum computing, this primarily means investing in the development and uptake of alternative encryption technologies which are resistant to attacks by quantum computers. It also means regulating the use of these technologies for applications which are undesirable.
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The Right to Root: Constructing a Claim to Control Devices from the Right to Privacy download
Abstract
Empowering people with digital tools has been an enduring ideal throughout the history of computing. In some of the earlier visions, this was not only a matter of making life easier, it was also a matter of people gaining control over their digital tools. One solution to this problem which has been suggested is to provide users with a manual override to gain full control over a device, something called gaining 'root' - hence the 'Right to Root'. Yet, there are no policymakers who have seriously treated this as a possibility. For people pushing this right at a policy level, it would therefore be helpful to know whether this Right to Root can be constructed from human rights. In this article, I explore the European human rights-based arguments for a Right to Root, focusing on the right to privacy under the European Convention for Human Rights and the Charter of Fundamental Rights. I first discuss the origins of this ideal of gaining control over your own devices. I then show how users over the years have gained less control and how the RIght to Root could enable them to regain control. I then explore how the Right to Root could be constructed from the right to privacy under the Convention and the Charter, by understanding it as a way to protect the values of autonomy, self-determination and seclusion. I conclude that a Right to Root can be grounded in the human right to privacy, but that further research is necessary to balance it with other interests, such as cybersecurity, traffic safety, health and intellectual property.
Privacy
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UGC Creation and Dissemination – The Role of Platforms, Copyright Holders and the Court of Justice in Safeguarding Freedom of Expression and Information
Abstract
With the erosion of the traditional safe harbour for hosting and the introduction of licensing and filtering obligations in Art. 17 of the CDSM Directive, EU copyright law has substantially enhanced the risk of inroads into freedom of expression and information: users seeking to participate in the online debate may be confronted with filtering systems that block permissible parodies and pastiches even though no copyright infringement can be found. Instead of putting responsibility for detecting and remedying human rights deficits in the hands of the state, the EU legislature prefers to outsource this responsibility to private entities, in particular platforms for user-generated content. Moreover, the CDSM Directive conceals potential human rights violations by leaving countermeasures to users. A closer look at the human rights obligations imposed on platforms, and the reliance on user activism, reveals a worrying tendency to outsource the task of human rights protection and add a gloss of proportionality and diligence safeguards – without ensuring effective control by public authorities that are bound to foster and support freedom of expression and information. The risk of human rights encroachments is exacerbated by the fact that, instead of exposing and discussing the corrosive effect of human rights outsourcing, the CJEU has rubberstamped the regulatory approach in Art. 17 CDSMD. In its Poland decision, the Court has even qualified problematic features of the outsourcing and concealment strategy as valid safeguards against the erosion of freedom of expression and information. Using inspiring joint work with Reto Hilty as a basis, the analysis sheds light on these problematic developments in the area of platform liability and user-generated content.
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Copyright