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AI-training – Een nieuwe bron van inkomsten voor journalisten? download
Opinion of the European Copyright Society on the Scope of the Pastiche Exception in EU Copyright Law (CG and YN v Pelham GmbH and Others, Case C-590/23) download
Abstract
In its questions for preliminary ruling, the German Federal Court of Justice asked for clarification as regards the definition of pastiche under EU copyright law; and, in essence, whether and how this concept applies to musical sampling. In the present Opinion, the European Copyright Society takes the view that pastiche is an autonomous concept of EU law. Article 5(3)(k) InfoSoc Directive (ISD) should be read as an overarching provision including three forms of permitted use that share their underlying nature but shall be judged differently. The meaning of pastiche cannot be understood as a mere imitation of an artistic style and it need not entail an explicit interaction with the original work. The presence of humour or mockery is not a necessary requirement for the application of the pastiche exception. Also, the expression resulting from the exercise of the pastiche exception need not itself be an original work. Finally, the intention of the user to create pastiche plays no role in the review of the legality of any given use. At the same time, legitimate forms of pastiche need to have their own features that are distinguishable from the copyrighted expression in pre-existing works used as source materials. Overall, the use of the pastiche exception for purposes of musical sampling, as in the underlying Metall auf Metall case, complies with all the three steps of Art. 5(5) ISD.
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The Right to an Explanation in Practice: Insights from Case Law for the GDPR and the AI Act external link
Abstract
The right to an explanation under the GDPR has been much discussed in legal-doctrinal scholarship. This paper expands upon this academic discourse, by providing insights into what questions the application of the right to an explanation has raised in legal practice. By looking at cases brought before various judicial bodies and data protection authorities across the European Union, we discuss questions regarding the scope, content, and balancing exercise of the right to an explanation. We argue, moreover, that these questions also raise important interpretative issues regarding the right to an explanation under the AI Act. Similar to the GDPR, the AI Act's right to an explanation leaves many legal questions unanswered. Therefore, the insights from the already established case law under the GDPR, can help us to understand better how the AI Act's right to an explanation should be understood in practice.
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AI Act, case law, GDPR, Privacy
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Manipulation download
The EU’s Quest for Digital Sovereignty: A Matter of Quantum Innovation? external link
Abstract
The EU increasingly seeks to assert its digital sovereignty by boosting innovation and norm-setting in, among other, quantum technologies. This objective is generally reflected in numerous policy documents and crystallised in the Digital Decade Policy Programme, which sets specific targets to achieve it. The EU policy documents recognise a world-changing potential of quantum technologies whilst remaining vigilant due to their potential disruptive impact. This white paper maps the way the ambition of digital sovereignty is interwoven with the development of quantum technologies in the EU digital policy and legislation. It documents empirical work, identifying thirty policy and legal documents which were produced during the past five years and bind digital sovereignty and quantum technologies together. The aim of this white paper is to bring attention to and invite further examination of the complex interrelation between digital sovereignty and quantum innovation. In this way, the white paper wishes to spark a broader conversation on the feasibility and desirability of emerging and future tech governance approaches.
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Digital sovereignty, innovation, quantum technologies
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Towards Planet-Proof Computing: Ten Key Elements EU Data Centre Sustainability Policy Should Take Onboard external link
Towards Planet Proof Computing: Law and Policy of Data Centre Sustainability in the European Union download
Abstract
Our society’s growing reliance on digital technologies such as AI incurs an ever-growing ecological footprint. The EU regulation of the data centre sector aims to achieve climate-neutral, energy-efficient and sustainable data centres by no later than 2030. This article unpacks the EU law and policy which aims on improving energy efficiency, recycling equipment and increasing reporting and transparency obligations. In 2025 the Commission will present a report based on information reported by data centre operators and in light of the new evidence review its policy. Further regulation should aim to translate reporting requirements into binding sustainability targets to contain rebound effects of the data centre industry while strengthening the public value orientation of the industry.
Artificial intelligence, digitalisation, EU law
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Media concentration 2.0: Regulating platform opinion power in a concentrated digital media ecosystem external link
Abstract
This dissertation examines how regulation addresses the evolving challenges of opinion power and media concentration, with platforms becoming increasingly dominant actors in the media. Through an interdisciplinary approach, it explores regulatory strategies aimed at tackling media concentration, focusing on the central research question: How should and could platform opinion power and digital media concentration be regulated in Europe? The research identifies a shift in opinion power from legacy media to platforms across three levels—individual citizens, institutional newsrooms, and the broader media ecosystem—each impacted by platforms' economic, technological, and political power. Based on a thorough normative assessment of the constitutional foundations of media concentration laws, the dissertation analyses the legal challenges related to such power shifts in the media. At the individual level, platforms' algorithmic control over content raises concerns about autonomy, privacy, and freedom of expression. At the institutional level, platforms’ influence within news organisations—particularly through the provision of technologies and digital infrastructure—affects editorial independence and the economic sustainability of journalism. Finally, at the ecosystem level, platforms exert systemic opinion power, enabling the creation of dependencies and influence over other democratic actors. This poses significant risks to media pluralism and the democratic distribution power. The dissertation finds that traditional media concentration laws inadequately address these shifts. While the new EU regulatory framework offers valuable provisions in filling these gaps, it falls short of addressing the root causes of digital media concentration. The dissertation calls for a rethinking of regulatory strategies to better align with public interest values, media pluralism, and the evolving role of platforms in the digital landscape, providing insights for future policy development.
media concentration, Media law, platform regulation
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Digital piracy in times of Covid-19
Abstract
The COVID-19 pandemic has significantly affected the consumption patterns of cultural goods. Using novel data from a consumer survey conducted in January 2022 across 14 countries, we address two key issues. First, we provide a descriptive analysis of changes in the consumption of four cultural goods—music, films and series, games, and books—focusing on shifts between legal and illegal consumption. Second, we reassess the relationship between digital piracy and legal sales, with a particular emphasis on age differences. Our findings reveal that among those who engaged in illegal consumption during the pandemic, 6–8% were new pirates, primarily individuals who experienced income reductions and increased time at home due to the shift to remote work or schooling. Among adults, these disruptions were linked to a decline in legal sales of music and games. In contrast, the displacement of legal audiovisual consumption was observed only among adults who continued working in person. Minors displayed different patterns: for them, illegal consumption was negatively associated with legal book consumption but positively linked to legal audiovisual consumption.
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piracy