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“Reformist Departure”: Questions Referred by the Bundesgerichtshof to the CJEU on the Reporting of Current Events and Quotation Exceptions external link
Abstract
The exceptions for reporting of current events and quotation facilitate the functioning of the media. On 27 July 2017, the Bundesgerichtshof (BGH) submitted several questions to the Court of Justice of the EU (CJEU or Court) on the balance between copyright exceptions and the fundamental freedoms of information and the media, as well as the exceptions for quotation and reporting of current events. In answering these questions, the CJEU may well shed light on the open-ended drafting of these exceptions.
Auteursrecht, case law, CJEU, European Union, frontpage, Germany, infringement, limitations
RIS
Bibtex
Online Political Microtargeting: Promises and Threats for Democracy external link
Abstract
Online political microtargeting involves monitoring people’s online behaviour, and using the collected data, sometimes enriched with other data, to show people-targeted political advertisements. Online political microtargeting is widely used in the US; Europe may not be far behind. This paper maps microtargeting’s promises and threats to democracy. For example, microtargeting promises to optimise the match between the electorate’s concerns and political campaigns, and to boost campaign engagement and political participation. But online microtargeting could also threaten democracy. For instance, a political party could, misleadingly, present itself as a different one-issue party to different individuals. And data collection for microtargeting raises privacy concerns. We sketch possibilities for policymakers if they seek to regulate online political microtargeting. We discuss which measures would be possible, while complying with the right to freedom of expression under the European Convention on Human Rights.
Democracy, elections, frontpage, microtargeting, political campaigns, Privacy, profiling
RIS
Bibtex
Collective Management of Copyright and Related Rights, 3rd ed. external link
Intellectual Property, Trade and Development, 2d ed. external link
The TRIPS Agreement: Drafting History and Analysis, 4th ed. external link
(Re)structuring Copyright: A Comprehensive Path to International Copyright Reform external link
EU Copyright Law and the Cloud: VCAST and the Intersection of Private Copying and Communication to the Public external link
Abstract
This article examines the applicability of the private copying exception to cloud services against the backdrop of the judgment of the Court of Justice of the European Union (CJEU) and the Opinion of Advocate General (AG) Szpunar in Case C-265/16, VCAST.
The case raises the question of whether the exception protects services of an online platform allowing users to store copies of free-to-air TV programmes in private cloud storage spaces. The AG’s proposed answer was to consider that cloud copying could generally be covered by the exception, but the specific service of VCAST could not. The CJEU focused on VCAST’s service only, largely following AG Szpunar’s conclusion.
The article explains and discusses both the Opinion and the Judgment, further addressing the possible implications of the case for the “leviability” of cloud-based services and the interface between the private copying exception and the right of communication to the public.
cloud, communication to the public, Copyright, frontpage, Infosoc Directive, private copying, VCAST