Publications - Pagina 49 van 266

Protecting Works of Fact: Copyright, Freedom of Expression and Information Law external link

Kluwer Law International, 1991, Series: Information Law Series, ISBN: 9789065445674

Abstract

With the year 2000 in sight, the information industry is changing into second gear. New information services are introduced each day, using telecommunications networks or newly developed carrier media. Factual information, such as stock market data, weather reports, topographical data and business news, is rapidly becoming a very valuable commodity. And wherever business is booming, piracy is looming. Can copyright law provide adequate protection? Is there a conflict between a copyright in works of fact and the freedom of expression? Are information monopolies compatible with the EEC Treaty? 'Protecting Works of Fact' is about these and other dilemma's of information law. The book contains a collection of articles written by legal scholars and practitioners. Most articles were originally presented at the `Copyright in Information' conference of the Institute for Information Law (University of Amsterdam), which was held in Amsterdam on December 1, 1989. In addition, the book contains a general introduction to information law.

Auteursrecht, Informatierecht, Kluwer Information Law Series, Vrijheid van meningsuiting

RIS

TY  - BOOK
AU  - Dommering, E.
AU  - Hugenholtz, P.B.
PY  - 1991
DA  - 1991-01-01
T1  - Protecting Works of Fact: Copyright, Freedom of Expression and Information Law
VL  - 1
UR  - https://www.ivir.nl/publicaties/download/1_9789041180742.pdf
AB  - With the year 2000 in sight, the information industry is changing into second gear. New information services are introduced each day, using telecommunications networks or newly developed carrier media. Factual information, such as stock market data, weather reports, topographical data and business news, is rapidly becoming a very valuable commodity. And wherever business is booming, piracy is looming. Can copyright law provide adequate protection? Is there a conflict between a copyright in works of fact and the freedom of expression? Are information monopolies compatible with the EEC Treaty?
\'Protecting Works of Fact\' is about these and other dilemma\'s of information law. The book contains a collection of articles written by legal scholars and practitioners. Most articles were originally presented at the `Copyright in Information\' conference of the Institute for Information Law (University of Amsterdam), which was held in Amsterdam on December 1, 1989. In addition, the book contains a general introduction to information law.
K1  - Auteursrecht
K1  - Informatierecht
K1  - Kluwer Information Law Series
K1  - Vrijheid van meningsuiting
ER  -

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Bibtex

Book{nokey,
	title = {Protecting Works of Fact: Copyright, Freedom of Expression and Information Law},
	author = {Dommering, E. and Hugenholtz, P.B.},
	year = {1991},
	date = {1991-01-01},
	volume = {1},
	abstract = {With the year 2000 in sight, the information industry is changing into second gear. New information services are introduced each day, using telecommunications networks or newly developed carrier media. Factual information, such as stock market data, weather reports, topographical data and business news, is rapidly becoming a very valuable commodity. And wherever business is booming, piracy is looming. Can copyright law provide adequate protection? Is there a conflict between a copyright in works of fact and the freedom of expression? Are information monopolies compatible with the EEC Treaty?
\'Protecting Works of Fact\' is about these and other dilemma\'s of information law. The book contains a collection of articles written by legal scholars and practitioners. Most articles were originally presented at the `Copyright in Information\' conference of the Institute for Information Law (University of Amsterdam), which was held in Amsterdam on December 1, 1989. In addition, the book contains a general introduction to information law.},
	keywords = {Auteursrecht, Informatierecht, Kluwer Information Law Series, Vrijheid van meningsuiting},
}

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Copyright, Limitations and the Three-step test. An Analysis of the Three-Step Test in International and EC Copyright Law external link

Senftleben, M.

2004

Abstract

The three-step test - by which limitations on exclusive copyrights are confined to 'certain special cases' which do not conflict with a 'normal exploitation of the work' and do not 'unreasonably prejudice the legitimate interests of the author'- is among the most enduring of standards affecting limitations on intellectual property rights. Its field of application is the delicate balance between exclusive rights and sufficient breathing space for the free flow of ideas and information. However, the emerging information society has thrown numerous unforeseen obstacles in the once-clear path of its implementation. Can the traditional balance between grants and reservations of copyright law be recalibrated along the lines of the three-step test in order to meet current and future needs? Controversies over this crucial question - in Europe, the U.S., Australia, and elsewhere, as well as in two significant WTO panels in 2002 - have brought the three-step test into focus, the essential principle governing copyright limitations in the information society. Investigating the development, structure, and function of the three-step test in international copyright law with thoroughness and precision, Copyright, Limitations and the Three-Step Test offers a close and insightful analysis of its continuing utility for the twenty-first century. The book includes: - viable restatements of the rationales of copyright protection for the emerging IP environment; - new insights into the relationship between copyright protection and copyright limitations; - in-depth explanation of the structure and functioning of the three-step test; - detailed interpretations of each criterion of the test; - discussion of the two WTO panel reports dealing with the test; - a proposal for the further improvement of the copyright system and the international rules governing copyright law; - detailed information about international conference material concerning the test; and - discussion of potential future trends in copyright law. The author provides many examples that demonstrate the test's impact on different types of limitations, such as private use privileges and the U.S. fair use doctrine. He explains the test's role in the European Copyright Directive. The detailed examination and explanation of the three-step test will be of extraordinary value to policymakers, judges, and lawyers in the field of intellectual property law seeking to react adequately to the challenges of the digital environment.

Auteursrecht, Kluwer Information Law Series

RIS

TY  - THES
AU  - Senftleben, M.
PY  - 2004
DA  - 2004-02-17
T1  - Copyright, Limitations and the Three-step test. An Analysis of the Three-Step Test in International and EC Copyright Law
UR  - https://pure.uva.nl/ws/files/3645247/37378_Thesis.pdf
AB  - The three-step test - by which limitations on exclusive copyrights are confined to \'certain special cases\' which do not conflict with a \'normal exploitation of the work\' and do not \'unreasonably prejudice the legitimate interests of the author\'- is among the most enduring of standards affecting limitations on intellectual property rights. Its field of application is the delicate balance between exclusive rights and sufficient breathing space for the free flow of ideas and information. However, the emerging information society has thrown numerous unforeseen obstacles in the once-clear path of its implementation. Can the traditional balance between grants and reservations of copyright law be recalibrated along the lines of the three-step test in order to meet current and future needs? Controversies over this crucial question - in Europe, the U.S., Australia, and elsewhere, as well as in two significant WTO panels in 2002 - have brought the three-step test into focus, the essential principle governing copyright limitations in the information society. Investigating the development, structure, and function of the three-step test in international copyright law with thoroughness and precision, Copyright, Limitations and the Three-Step Test offers a close and insightful analysis of its continuing utility for the twenty-first century. The book includes:

- viable restatements of the rationales of copyright protection for the emerging IP environment;
- new insights into the relationship between copyright protection and copyright limitations;
- in-depth explanation of the structure and functioning of the three-step test;
- detailed interpretations of each criterion of the test;
- discussion of the two WTO panel reports dealing with the test;
- a proposal for the further improvement of the copyright system and the international rules governing copyright law;
- detailed information about international conference material concerning the test; and
- discussion of potential future trends in copyright law.

The author provides many examples that demonstrate the test\'s impact on different types of limitations, such as private use privileges and the U.S. fair use doctrine. He explains the test\'s role in the European Copyright Directive. The detailed examination and explanation of the three-step test will be of extraordinary value to policymakers, judges, and lawyers in the field of intellectual property law seeking to react adequately to the challenges of the digital environment.
K1  - Auteursrecht
K1  - Kluwer Information Law Series
ER  -

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Bibtex

PhD Thesis{nokey,
	title = {Copyright, Limitations and the Three-step test. An Analysis of the Three-Step Test in International and EC Copyright Law},
	author = {Senftleben, M.},
	year = {2004},
	date = {2004-02-17},
	abstract = {The three-step test - by which limitations on exclusive copyrights are confined to \'certain special cases\' which do not conflict with a \'normal exploitation of the work\' and do not \'unreasonably prejudice the legitimate interests of the author\'- is among the most enduring of standards affecting limitations on intellectual property rights. Its field of application is the delicate balance between exclusive rights and sufficient breathing space for the free flow of ideas and information. However, the emerging information society has thrown numerous unforeseen obstacles in the once-clear path of its implementation. Can the traditional balance between grants and reservations of copyright law be recalibrated along the lines of the three-step test in order to meet current and future needs? Controversies over this crucial question - in Europe, the U.S., Australia, and elsewhere, as well as in two significant WTO panels in 2002 - have brought the three-step test into focus, the essential principle governing copyright limitations in the information society. Investigating the development, structure, and function of the three-step test in international copyright law with thoroughness and precision, Copyright, Limitations and the Three-Step Test offers a close and insightful analysis of its continuing utility for the twenty-first century. The book includes:

- viable restatements of the rationales of copyright protection for the emerging IP environment;
- new insights into the relationship between copyright protection and copyright limitations;
- in-depth explanation of the structure and functioning of the three-step test;
- detailed interpretations of each criterion of the test;
- discussion of the two WTO panel reports dealing with the test;
- a proposal for the further improvement of the copyright system and the international rules governing copyright law;
- detailed information about international conference material concerning the test; and
- discussion of potential future trends in copyright law.

The author provides many examples that demonstrate the test\'s impact on different types of limitations, such as private use privileges and the U.S. fair use doctrine. He explains the test\'s role in the European Copyright Directive. The detailed examination and explanation of the three-step test will be of extraordinary value to policymakers, judges, and lawyers in the field of intellectual property law seeking to react adequately to the challenges of the digital environment.},
	keywords = {Auteursrecht, Kluwer Information Law Series},
}

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Putting Data Protection by Design on the Blockchain external link

Giannopoulou, A.

European Data Protection Law Review, vol. 7, num: 3, pp: 388-399, 2021

Abstract

The principle of data protection by design, as it is enshrined in article 25 of the GDPR, is difficult to apply in blockchains. This article will assess how the reliance on asymmetric encryption and other privacy enhancing technological architectures -necessary in a blockchain-based system- approach both user control and data protection by design compliance from the single scope of anonymization and unlinkability. Data subjects’ rights, accountability, and the potential shortcomings of applied technological constraints are thus sidelined. Ultimately, this limited understanding of technological privacy, acts as a misguiding set of principles for technological co-regulation through standardisation in blockchains. The standardization of these choices without a holistic analysis of data protection by design imperatives could ultimately weaken the position of data subjects, whose trust in the technological protections of personal data might prove to be relatively misplaced.

Links

DOI: https://doi.org/10.21552/edpl/2021/3/7

anonymity, blockchain, Data Protection by Design, encryption, EU General Data Protection Regulation, frontpage, Privacy

RIS

TY  - JOUR
AU  - Giannopoulou, A.
PY  - 1022
DA  - 2021-10-22
T1  - Putting Data Protection by Design on the Blockchain
JO  - European Data Protection Law Review
VL  - 7
NV  - 3
SP  - 388-399
DO  - https://doi.org/10.21552/edpl/2021/3/7
AB  - The principle of data protection by design, as it is enshrined in article 25 of the GDPR, is difficult to apply in blockchains. This article will assess how the reliance on asymmetric encryption and other privacy enhancing technological architectures -necessary in a blockchain-based system- approach both user control and data protection by design compliance from the single scope of anonymization and unlinkability. Data subjects’ rights, accountability, and the potential shortcomings of applied technological constraints are thus sidelined. Ultimately, this limited understanding of technological privacy, acts as a misguiding set of principles for technological co-regulation through standardisation in blockchains. The standardization of these choices without a holistic analysis of data protection by design imperatives could ultimately weaken the position of data subjects, whose trust in the technological protections of personal data might prove to be relatively misplaced.
K1  - anonymity
K1  - blockchain
K1  - Data Protection by Design
K1  - encryption
K1  - EU General Data Protection Regulation
K1  - frontpage
K1  - Privacy
ER  -

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Bibtex

Article{Giannopoulou2021,
	title = {Putting Data Protection by Design on the Blockchain},
	author = {Giannopoulou, A.},
	doi = {https://doi.org/10.21552/edpl/2021/3/7},
	year = {1022},
	date = {2021-10-22},
	journal = {European Data Protection Law Review},
	volume = {7},
	number = {3},
	pages = {388-399},
	abstract = {The principle of data protection by design, as it is enshrined in article 25 of the GDPR, is difficult to apply in blockchains. This article will assess how the reliance on asymmetric encryption and other privacy enhancing technological architectures -necessary in a blockchain-based system- approach both user control and data protection by design compliance from the single scope of anonymization and unlinkability. Data subjects’ rights, accountability, and the potential shortcomings of applied technological constraints are thus sidelined. Ultimately, this limited understanding of technological privacy, acts as a misguiding set of principles for technological co-regulation through standardisation in blockchains. The standardization of these choices without a holistic analysis of data protection by design imperatives could ultimately weaken the position of data subjects, whose trust in the technological protections of personal data might prove to be relatively misplaced.},
	keywords = {anonymity, blockchain, Data Protection by Design, encryption, EU General Data Protection Regulation, frontpage, Privacy},
}

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Editorial independence in an automated media system external link

Drunen, M. van

Internet Policy Review, vol. 10, num: 3, 2021

Abstract

The media has increasingly grown to rely on automated decision-making to produce and distribute news. This trend challenges our understanding of editorial independence by transforming the role of human editorial judgment and creating new dependencies on external software and data providers, engineers, and platforms. Recent policy initiatives such as the EU’s Media Action Plan and Digital Services Act are now beginning to revisit the way law can enable the media to act independently in the context of new technological tools and actors. Fully understanding and addressing the challenges automation poses to editorial independence, however, first requires better normative insight into the functions editorial independence performs in European media policy. This article provides a normative framework of editorial independence’s functions in European media policy and uses it to explore the new challenges posed by the automation of editorial decision-making.

Links

DOI: https://doi.org/10.14763/2021.3.1569

automated decision making, frontpage, Mediarecht, onafhankelijkheid

RIS

TY  - JOUR
AU  - Drunen, M. van
PY  - 0913
DA  - 2021-09-13
T1  - Editorial independence in an automated media system
JO  - Internet Policy Review
VL  - 10
NV  - 3
UR  - https://policyreview.info/articles/analysis/editorial-independence-automated-media-system
DO  - https://doi.org/10.14763/2021.3.1569
AB  - The media has increasingly grown to rely on automated decision-making to produce and distribute news. This trend challenges our understanding of editorial independence by transforming the role of human editorial judgment and creating new dependencies on external software and data providers, engineers, and platforms. Recent policy initiatives such as the EU’s Media Action Plan and Digital Services Act are now beginning to revisit the way law can enable the media to act independently in the context of new technological tools and actors. Fully understanding and addressing the challenges automation poses to editorial independence, however, first requires better normative insight into the functions editorial independence performs in European media policy. This article provides a normative framework of editorial independence’s functions in European media policy and uses it to explore the new challenges posed by the automation of editorial decision-making.
K1  - automated decision making
K1  - frontpage
K1  - Mediarecht
K1  - onafhankelijkheid
ER  -

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Bibtex

Article{nokey,
	title = {Editorial independence in an automated media system},
	author = {Drunen, M. van},
	doi = {https://doi.org/10.14763/2021.3.1569},
	year = {0913},
	date = {2021-09-13},
	journal = {Internet Policy Review},
	volume = {10},
	number = {3},
	abstract = {The media has increasingly grown to rely on automated decision-making to produce and distribute news. This trend challenges our understanding of editorial independence by transforming the role of human editorial judgment and creating new dependencies on external software and data providers, engineers, and platforms. Recent policy initiatives such as the EU’s Media Action Plan and Digital Services Act are now beginning to revisit the way law can enable the media to act independently in the context of new technological tools and actors. Fully understanding and addressing the challenges automation poses to editorial independence, however, first requires better normative insight into the functions editorial independence performs in European media policy. This article provides a normative framework of editorial independence’s functions in European media policy and uses it to explore the new challenges posed by the automation of editorial decision-making.},
	keywords = {automated decision making, frontpage, Mediarecht, onafhankelijkheid},
}

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Personal data ordering in context: the interaction of meso-level data governance regimes with macro frameworks external link

Bodó, B., Irion, K., Janssen, H. & Giannopoulou, A.

Internet Policy Review, vol. 10, num: 3, 2021

Abstract

The technological infrastructures enabling the collection, processing, and trading of data have fuelled a rapid innovation of data governance models. We differentiate between macro, meso, and micro level models, which correspond to major political blocks; societal-, industry-, or community level systems, and individual approaches, respectively. We focus on meso-level models, which coalesce around: (1) organisations prioritising their own interests over interests of other stakeholders; (2) organisations offering technological and legal tools aiming to empower individuals; (3) community-based data intermediaries fostering collective rights and interests. In this article we assess these meso-level models, and discuss their interaction with the macro-level legal frameworks that have evolved in the US, the EU, and China. The legal landscape has largely remained inconsistent and fragmented, with enforcement struggling to keep up with the latest developments. We argue, first, that the success of meso-logics is largely defined by global economic competition, and, second, that these meso-logics may potentially put the EU’s macro-level framework with its mixed internal market and fundamental rights-oriented model under pressure. We conclude that, given the relative absence of a strong macro level-framework and an intensive competition of governance models at meso-level, it may be challenging to avoid compromises to the European macro framework.

Links

DOI: https://doi.org/10.14763/2021.3.1581

Data governance, Data intermediaries, Data ordering, Data sovereignty, GDPR

RIS

TY  - JOUR
AU  - Bodó, B.
AU  - Irion, K.
AU  - Janssen, H.
AU  - Giannopoulou, A.
PY  - 1011
DA  - 2021-10-11
T1  - Personal data ordering in context: the interaction of meso-level data governance regimes with macro frameworks
JO  - Internet Policy Review
VL  - 10
NV  - 3
UR  - https://policyreview.info/articles/analysis/personal-data-ordering-context-interaction-meso-level-data-governance-regimes
DO  - https://doi.org/10.14763/2021.3.1581
AB  - The technological infrastructures enabling the collection, processing, and trading of data have fuelled a rapid innovation of data governance models. We differentiate between macro, meso, and micro level models, which correspond to major political blocks; societal-, industry-, or community level systems, and individual approaches, respectively. We focus on meso-level models, which coalesce around: (1) organisations prioritising their own interests over interests of other stakeholders; (2) organisations offering technological and legal tools aiming to empower individuals; (3) community-based data intermediaries fostering collective rights and interests. In this article we assess these meso-level models, and discuss their interaction with the macro-level legal frameworks that have evolved in the US, the EU, and China. The legal landscape has largely remained inconsistent and fragmented, with enforcement struggling to keep up with the latest developments. We argue, first, that the success of meso-logics is largely defined by global economic competition, and, second, that these meso-logics may potentially put the EU’s macro-level framework with its mixed internal market and fundamental rights-oriented model under pressure. We conclude that, given the relative absence of a strong macro level-framework and an intensive competition of governance models at meso-level, it may be challenging to avoid compromises to the European macro framework.
K1  - Data governance
K1  - Data intermediaries
K1  - Data ordering
K1  - Data sovereignty
K1  - GDPR
ER  -

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Bibtex

Article{Bodó2021b,
	title = {Personal data ordering in context: the interaction of meso-level data governance regimes with macro frameworks},
	author = {Bodó, B. and Irion, K. and Janssen, H. and Giannopoulou, A.},
	doi = {https://doi.org/10.14763/2021.3.1581},
	year = {1011},
	date = {2021-10-11},
	journal = {Internet Policy Review},
	volume = {10},
	number = {3},
	abstract = {The technological infrastructures enabling the collection, processing, and trading of data have fuelled a rapid innovation of data governance models. We differentiate between macro, meso, and micro level models, which correspond to major political blocks; societal-, industry-, or community level systems, and individual approaches, respectively. We focus on meso-level models, which coalesce around: (1) organisations prioritising their own interests over interests of other stakeholders; (2) organisations offering technological and legal tools aiming to empower individuals; (3) community-based data intermediaries fostering collective rights and interests. In this article we assess these meso-level models, and discuss their interaction with the macro-level legal frameworks that have evolved in the US, the EU, and China. The legal landscape has largely remained inconsistent and fragmented, with enforcement struggling to keep up with the latest developments. We argue, first, that the success of meso-logics is largely defined by global economic competition, and, second, that these meso-logics may potentially put the EU’s macro-level framework with its mixed internal market and fundamental rights-oriented model under pressure. We conclude that, given the relative absence of a strong macro level-framework and an intensive competition of governance models at meso-level, it may be challenging to avoid compromises to the European macro framework.},
	keywords = {Data governance, Data intermediaries, Data ordering, Data sovereignty, GDPR},
}

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Governing “European values” inside data flows: : interdisciplinary perspectives external link

Irion, K., Kolk, A., Buri, M. & Milan, S.

Internet Policy Review, vol. 10, num: 3, 2021

Abstract

This editorial introduces ten research articles, which form part of this special issue, exploring the governance of “European values” inside data flows. Protecting fundamental human rights and critical public interests that undergird European societies in a global digital ecosystem poses complex challenges, especially because the United States and China are leading in novel technologies. We envision a research agenda calling upon different disciplines to further identify and understand European values that can adequately perform under conditions of transnational data flows.

Links

DOI: https://doi.org/10.14763/2021.3.1582

Artificial intelligence, Data flows, Data governance, Digital connectivity, European Union, European values, Human rights, Internet governance, Personal data protection, Public policy, Societal values

RIS

TY  - JOUR
AU  - Irion, K.
AU  - Kolk, A.
AU  - Buri, M.
AU  - Milan, S.
PY  - 1011
DA  - 2021-10-11
T1  - Governing “European values” inside data flows: : interdisciplinary perspectives
JO  - Internet Policy Review
VL  - 10
NV  - 3
UR  - https://policyreview.info/european-values
DO  - https://doi.org/10.14763/2021.3.1582
AB  - This editorial introduces ten research articles, which form part of this special issue, exploring the governance of “European values” inside data flows. Protecting fundamental human rights and critical public interests that undergird European societies in a global digital ecosystem poses complex challenges, especially because the United States and China are leading in novel technologies. We envision a research agenda calling upon different disciplines to further identify and understand European values that can adequately perform under conditions of transnational data flows.
K1  - Artificial intelligence
K1  - Data flows
K1  - Data governance
K1  - Digital connectivity
K1  - European Union
K1  - European values
K1  - Human rights
K1  - Internet governance
K1  - Personal data protection
K1  - Public policy
K1  - Societal values
ER  -

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Bibtex

Article{Irion2021e,
	title = {Governing “European values” inside data flows: : interdisciplinary perspectives},
	author = {Irion, K. and Kolk, A. and Buri, M. and Milan, S.},
	doi = {https://doi.org/10.14763/2021.3.1582},
	year = {1011},
	date = {2021-10-11},
	journal = {Internet Policy Review},
	volume = {10},
	number = {3},
	abstract = {This editorial introduces ten research articles, which form part of this special issue, exploring the governance of “European values” inside data flows. Protecting fundamental human rights and critical public interests that undergird European societies in a global digital ecosystem poses complex challenges, especially because the United States and China are leading in novel technologies. We envision a research agenda calling upon different disciplines to further identify and understand European values that can adequately perform under conditions of transnational data flows.},
	keywords = {Artificial intelligence, Data flows, Data governance, Digital connectivity, European Union, European values, Human rights, Internet governance, Personal data protection, Public policy, Societal values},
}

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Between Empowerment and Manipulation: The Ethics and Regulation of For-Profit Health Apps external link

Sax, M.

Wolters Kluwer, 2021, Series: Information Law Series, ISBN: 9789403537917

Abstract

Between Empowerment and Manipulation is an extensive ethical analysis with novel interpretations of European unfair commercial practices law on health apps and commercial digital choice environment. Health apps are incredibly compelling in their own right. Despite the promise of empowerment they offer, the tensions introduced by their data-driven, dynamically adjustable digital environments engender a potential for manipulation to which their designers and operators can easily succumb. In this important book, the author develops an ethical framework on how apps use their complete power over the design and operation of the digital environments to shape user-app relationships.

Consumer law, health apps, Kluwer Information Law Series, manipulation, unfair commercial practices

RIS

TY  - BOOK
AU  - Sax, M.
PY  - 2021
DA  - 2021-09-30
T1  - Between Empowerment and Manipulation: The Ethics and Regulation of For-Profit Health Apps
UR  - https://www.ivir.nl/sax_info_47-2/
AB  - Between Empowerment and Manipulation is an extensive ethical analysis with novel interpretations of European unfair commercial practices law on health apps and commercial digital choice environment. Health apps are incredibly compelling in their own right. Despite the promise of empowerment they offer, the tensions introduced by their data-driven, dynamically adjustable digital environments engender a potential for manipulation to which their designers and operators can easily succumb. In this important book, the author develops an ethical framework on how apps use their complete power over the design and operation of the digital environments to shape user-app relationships.
K1  - Consumer law
K1  - health apps
K1  - Kluwer Information Law Series
K1  - manipulation
K1  - unfair commercial practices
ER  -

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Bibtex

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Trapova, A. & Quintais, J.

Auteursrecht, frontpage

RIS

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Bibtex

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Copyright and Artificial Creation: Does EU Copyright Law Protect AI-Assisted Output? external link

Hugenholtz, P.B. & Quintais, J.

IIC - International Review of Intellectual Property and Competition Law , vol. 52, num: 9, pp: 1190-1216, 2021

Abstract

This article queries whether and to what extent works produced with the aid of AI systems – AI-assisted output – are protected under EU copyright standards. We carry out a doctrinal legal analysis to scrutinise the concepts of “work”, “originality” and “creative freedom”, as well as the notion of authorship, as set forth in the EU copyright acquis and developed in the case-law of the Court of Justice. On this basis, we develop a four-step test to assess whether AI-assisted output qualifies as an original work of authorship under EU law, and how the existing rules on authorship may apply. Our conclusion is that current EU copyright rules are generally suitable and sufficiently flexible to deal with the challenges posed by AI-assisted output.

Links

DOI: https://doi.org/https://doi.org/10.1007/s40319-021-01115-0

Artificial intelligence, Auteursrecht, frontpage

RIS

TY  - JOUR
AU  - Hugenholtz, P.B.
AU  - Quintais, J.
PY  - 1007
DA  - 2021-10-07
T1  - Copyright and Artificial Creation: Does EU Copyright Law Protect AI-Assisted Output?
JO  - IIC - International Review of Intellectual Property and Competition Law 
VL  - 52
NV  - 9
SP  - 1190-1216
UR  - https://link.springer.com/article/10.1007/s40319-021-01115-0
DO  - https://doi.org/https://doi.org/10.1007/s40319-021-01115-0
AB  - This article queries whether and to what extent works produced with the aid of AI systems – AI-assisted output – are protected under EU copyright standards. We carry out a doctrinal legal analysis to scrutinise the concepts of “work”, “originality” and “creative freedom”, as well as the notion of authorship, as set forth in the EU copyright acquis and developed in the case-law of the Court of Justice. On this basis, we develop a four-step test to assess whether AI-assisted output qualifies as an original work of authorship under EU law, and how the existing rules on authorship may apply. Our conclusion is that current EU copyright rules are generally suitable and sufficiently flexible to deal with the challenges posed by AI-assisted output.
K1  - Artificial intelligence
K1  - Auteursrecht
K1  - frontpage
ER  -

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Bibtex

Article{Hugenholtz2021d,
	title = {Copyright and Artificial Creation: Does EU Copyright Law Protect AI-Assisted Output?},
	author = {Hugenholtz, P.B. and Quintais, J.},
	doi = {https://doi.org/https://doi.org/10.1007/s40319-021-01115-0},
	year = {1007},
	date = {2021-10-07},
	journal = {IIC - International Review of Intellectual Property and Competition Law },
	volume = {52},
	number = {9},
	pages = {1190-1216},
	abstract = {This article queries whether and to what extent works produced with the aid of AI systems – AI-assisted output – are protected under EU copyright standards. We carry out a doctrinal legal analysis to scrutinise the concepts of “work”, “originality” and “creative freedom”, as well as the notion of authorship, as set forth in the EU copyright acquis and developed in the case-law of the Court of Justice. On this basis, we develop a four-step test to assess whether AI-assisted output qualifies as an original work of authorship under EU law, and how the existing rules on authorship may apply. Our conclusion is that current EU copyright rules are generally suitable and sufficiently flexible to deal with the challenges posed by AI-assisted output.},
	keywords = {Artificial intelligence, Auteursrecht, frontpage},
}

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The Siren Song of the Subtle Copycat – Revisiting Trademark Law with Insights from Consumer Research external link

Senftleben, M. & Horen, F. van

The Trademark Reporter, vol. 111, num: 4, pp: 739-777, 2021

Abstract

The architecture of trademark protection systems rests on the assumption that brand imitation strategies are particularly harmful when they seek to achieve a high level of similarity by copying specific trademarked features of the original brand. Marketing research, however, shows that this assumption is doubtful. Subtle, theme-based imitation strategies – aiming at a modest degree of similarity – may allow copycats to garner greater profits and manipulate consumers’ purchasing decisions. Like an enchanting siren song, they may lure customers away from the original products of brand owners. Against this background, the paper discusses the question whether trademark law should be recalibrated. To lay groundwork for this discussion, the analysis outlines central functions of trademarks in today’s market economy before describing, on the basis of EU trademark law, the traditional approach to copycat strategies from a marketing and legal perspective. Introducing insights from recent marketing research, the paper explains why subtle, theme-based strategies may be more harmful than blatant, feature-based copying. The further examination places this insight in a legal context. Contrasting the empirical findings of marketing research with traditional assessment schemes in EU trademark law, it becomes apparent that there is a remarkable mismatch between legal theory and market reality. Current trademark provisions are not aligned with “real life” consumer perception. As a result, copycats with a subtle imitation strategy remain under the radar of applicable infringement tests. This dilemma is taken as a starting point to discuss the need for reforms in trademark law.

Advertising, blurring, conceptual marks, confusion, consumer perception, copycat brands, dilution, empirical legal studies, freedom of competition, frontpage, marketing research, Merkenrecht, new types of marks, similarity, tarnishment, trademark infringement, type of imitation, Unfair competition, unfair free-riding

RIS

TY  - JOUR
AU  - Senftleben, M.
AU  - Horen, F. van
PY  - 1001
DA  - 2021-10-01
T1  - The Siren Song of the Subtle Copycat – Revisiting Trademark Law with Insights from Consumer Research
JO  - The Trademark Reporter
VL  - 111
NV  - 4
SP  - 739-777
UR  - https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3922568
https://www.ivir.nl/publicaties/download/TheTrademarkReporter_2021_4.pdf
AB  - The architecture of trademark protection systems rests on the assumption that brand imitation strategies are particularly harmful when they seek to achieve a high level of similarity by copying specific trademarked features of the original brand. Marketing research, however, shows that this assumption is doubtful. Subtle, theme-based imitation strategies – aiming at a modest degree of similarity – may allow copycats to garner greater profits and manipulate consumers’ purchasing decisions. Like an enchanting siren song, they may lure customers away from the original products of brand owners. Against this background, the paper discusses the question whether trademark law should be recalibrated.
To lay groundwork for this discussion, the analysis outlines central functions of trademarks in today’s market economy before describing, on the basis of EU trademark law, the traditional approach to copycat strategies from a marketing and legal perspective. Introducing insights from recent marketing research, the paper explains why subtle, theme-based strategies may be more harmful than blatant, feature-based copying. The further examination places this insight in a legal context. Contrasting the empirical findings of marketing research with traditional assessment schemes in EU trademark law, it becomes apparent that there is a remarkable mismatch between legal theory and market reality. Current trademark provisions are not aligned with “real life” consumer perception. As a result, copycats with a subtle imitation strategy remain under the radar of applicable infringement tests. This dilemma is taken as a starting point to discuss the need for reforms in trademark law.
K1  - Advertising
K1  - blurring
K1  - conceptual marks
K1  - confusion
K1  - consumer perception
K1  - copycat brands
K1  - dilution
K1  - empirical legal studies
K1  - freedom of competition
K1  - frontpage
K1  - marketing research
K1  - Merkenrecht
K1  - new types of marks
K1  - similarity
K1  - tarnishment
K1  - trademark infringement
K1  - type of imitation
K1  - Unfair competition
K1  - unfair free-riding
ER  -

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Bibtex

Article{Senftleben2021b,
	title = {The Siren Song of the Subtle Copycat – Revisiting Trademark Law with Insights from Consumer Research},
	author = {Senftleben, M. and Horen, F. van},
	year = {1001},
	date = {2021-10-01},
	journal = {The Trademark Reporter},
	volume = {111},
	number = {4},
	pages = {739-777},
	abstract = {The architecture of trademark protection systems rests on the assumption that brand imitation strategies are particularly harmful when they seek to achieve a high level of similarity by copying specific trademarked features of the original brand. Marketing research, however, shows that this assumption is doubtful. Subtle, theme-based imitation strategies – aiming at a modest degree of similarity – may allow copycats to garner greater profits and manipulate consumers’ purchasing decisions. Like an enchanting siren song, they may lure customers away from the original products of brand owners. Against this background, the paper discusses the question whether trademark law should be recalibrated.
To lay groundwork for this discussion, the analysis outlines central functions of trademarks in today’s market economy before describing, on the basis of EU trademark law, the traditional approach to copycat strategies from a marketing and legal perspective. Introducing insights from recent marketing research, the paper explains why subtle, theme-based strategies may be more harmful than blatant, feature-based copying. The further examination places this insight in a legal context. Contrasting the empirical findings of marketing research with traditional assessment schemes in EU trademark law, it becomes apparent that there is a remarkable mismatch between legal theory and market reality. Current trademark provisions are not aligned with “real life” consumer perception. As a result, copycats with a subtle imitation strategy remain under the radar of applicable infringement tests. This dilemma is taken as a starting point to discuss the need for reforms in trademark law.},
	keywords = {Advertising, blurring, conceptual marks, confusion, consumer perception, copycat brands, dilution, empirical legal studies, freedom of competition, frontpage, marketing research, Merkenrecht, new types of marks, similarity, tarnishment, trademark infringement, type of imitation, Unfair competition, unfair free-riding},
}

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