Alternative compensation models for large-scale non-commercial online use of works

Alternative compensation models for large-scale non-commercial online use of works external link

pp: pp. 298-306, 2016

Abstract

This paper briefly discusses an alternative legal model to assure remuneration for non-commercial mass online uses by individuals, covered by the exclusive rights of reproduction and communication/making available to the public in Directive 2001/29/EC. Alternative compensation systems (ACS) are legal mechanisms that forsake the need for direct authorization of end-user acts under the aforementioned rights – downloading, uploading, sharing, modifying –, while simultaneously ensuring compensation to creators (i.e. authors and performers) or all rights holders of works included in the scheme. After providing some background, the paper explains the concept of ACS, outlines the legal models and challenges to its implementation and reports on the results of an ongoing interdisciplinary research project on the legal and socioeconomic feasibility of such systems carried out by the Institute for Information Law (IViR), University of Amsterdam. Chief among the findings are the willingness of users to pay for and participate in an ACS, its quantification and, using the case-study of recorded music, the realization that such a model holds the promise of being welfare increasing.

Links

ACI ADAM, alternative compensation systems, Auteursrecht, collective rights management, content flat-rate, Copydan, Copyright, exceptions and limitations, Infosoc Directive, Intellectuele eigendom, levies, private copy

RIS

TY  - JOUR
AU  - Quintais, J.
PY  - 1201
DA  - 2016-12-01
T1  - Alternative compensation models for large-scale non-commercial online use of works
SP  - pp. 298-306
UR  - https://ssrn.com/abstract=2625492
DO  - https://doi.org/ https://doi.org/10.1515/9783110478198
AB  - This paper briefly discusses an alternative legal model to assure remuneration for non-commercial mass online uses by individuals, covered by the exclusive rights of reproduction and communication/making available to the public in Directive 2001/29/EC. Alternative compensation systems (ACS) are legal mechanisms that forsake the need for direct authorization of end-user acts under the aforementioned rights – downloading, uploading, sharing, modifying –, while simultaneously ensuring compensation to creators (i.e. authors and performers) or all rights holders of works included in the scheme. After providing some background, the paper explains the concept of ACS, outlines the legal models and challenges to its implementation and reports on the results of an ongoing interdisciplinary research project on the legal and socioeconomic feasibility of such systems carried out by the Institute for Information Law (IViR), University of Amsterdam. Chief among the findings are the willingness of users to pay for and participate in an ACS, its quantification and, using the case-study of recorded music, the realization that such a model holds the promise of being welfare increasing.
K1  - ACI ADAM
K1  - alternative compensation systems
K1  - Auteursrecht
K1  - collective rights management
K1  - content flat-rate
K1  - Copydan
K1  - Copyright
K1  - exceptions and limitations
K1  - Infosoc Directive
K1  - Intellectuele eigendom
K1  - levies
K1  - private copy
ER  -

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Bibtex

Article{nokey,
	title = {Alternative compensation models for large-scale non-commercial online use of works},
	author = {Quintais, J.},
	doi = {https://doi.org/ https://doi.org/10.1515/9783110478198},
	year = {1201},
	date = {2016-12-01},
	pages = {pp. 298-306},
	abstract = {This paper briefly discusses an alternative legal model to assure remuneration for non-commercial mass online uses by individuals, covered by the exclusive rights of reproduction and communication/making available to the public in Directive 2001/29/EC. Alternative compensation systems (ACS) are legal mechanisms that forsake the need for direct authorization of end-user acts under the aforementioned rights – downloading, uploading, sharing, modifying –, while simultaneously ensuring compensation to creators (i.e. authors and performers) or all rights holders of works included in the scheme. After providing some background, the paper explains the concept of ACS, outlines the legal models and challenges to its implementation and reports on the results of an ongoing interdisciplinary research project on the legal and socioeconomic feasibility of such systems carried out by the Institute for Information Law (IViR), University of Amsterdam. Chief among the findings are the willingness of users to pay for and participate in an ACS, its quantification and, using the case-study of recorded music, the realization that such a model holds the promise of being welfare increasing.},
	keywords = {ACI ADAM, alternative compensation systems, Auteursrecht, collective rights management, content flat-rate, Copydan, Copyright, exceptions and limitations, Infosoc Directive, Intellectuele eigendom, levies, private copy},
}

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Kroniek Telecommunicatierecht external link

van Eijk, N.

KwartaalSignaal Ars Aequi, num: 135, pp: 7808-7809., 2015

Links

http://www.ivir.nl/publicaties/download/1579.pdf

Telecommunicatierecht

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Creative Commons Licenses Legal Pitfalls: Incompatibilities and Solutions external link

van Eijk, N.

2010

Abstract

Creative Commons licenses have been designed to facilitate the use and reuse of creative works by granting some permissions in advance. However, the system is complex with a multiplicity of licenses options, formats and versions available, including translations into different languages and adaptation to specific legislations towards versions which are declared compatible among each other after an international porting process. It should be assessed whether all ported licenses cover exactly the same subject matter, rights and restrictions or whether small language differences may have an impact on the rights actually granted and legal security of current users or the availability of works for future generations to access and build upon. Besides, other possible sources of legal uncertainty and incompatibility, as well as their actual or potential consequences, need to be evaluated, such as the validity and enforceability of the licenses across jurisdictions with different and possibly inconsistent legislations, the variations between the licenses summary and the licenses text written in legal language, the interoperability with other copyleft licenses. This study presents the different licenses (chapter 2), identifies various possible sources of legal incompatibility (chapter 3), evaluates their actual impact (chapter 4) and finally proposes options to mitigate risks and improve compatibility, consistency, clarity and legal security (chapter 5).

Links

http://www.ivir.nl/publicaties/download/1578.pdf

Auteursrecht, Intellectuele eigendom

RIS

TY  - RPRT
AU  - van Eijk, N.
PY  - 0907
DA  - 2010-09-07
T1  - Creative Commons Licenses Legal Pitfalls: Incompatibilities and Solutions
UR  - http://www.ivir.nl/publicaties/download/1578.pdf
AB  - Creative Commons licenses have been designed to facilitate the use and reuse of creative works by granting some permissions in advance. However, the system is complex with a multiplicity of licenses options, formats and versions available, including translations into different languages and adaptation to specific legislations towards versions which are declared compatible among each other after an international porting process. It should be assessed whether all ported licenses cover exactly the same subject matter, rights and restrictions or whether small language differences may have an impact on the rights actually granted and legal security of current users or the availability of works for future generations to access and build upon. Besides, other possible sources of legal uncertainty and incompatibility, as well as their actual or potential consequences, need to be evaluated, such as the validity and enforceability of the licenses across jurisdictions with different and possibly inconsistent legislations, the variations between the licenses summary and the licenses text written in legal language, the interoperability with other copyleft licenses. This study presents the different licenses (chapter 2), identifies various possible sources of legal incompatibility (chapter 3), evaluates their actual impact (chapter 4) and finally proposes options to mitigate risks and improve compatibility, consistency, clarity and legal security (chapter 5).
K1  - Auteursrecht
K1  - Intellectuele eigendom
ER  -

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Bibtex

Report{nokey,
	title = {Creative Commons Licenses Legal Pitfalls: Incompatibilities and Solutions},
	author = {van Eijk, N.},
	year = {0907},
	date = {2010-09-07},
	abstract = {Creative Commons licenses have been designed to facilitate the use and reuse of creative works by granting some permissions in advance. However, the system is complex with a multiplicity of licenses options, formats and versions available, including translations into different languages and adaptation to specific legislations towards versions which are declared compatible among each other after an international porting process. It should be assessed whether all ported licenses cover exactly the same subject matter, rights and restrictions or whether small language differences may have an impact on the rights actually granted and legal security of current users or the availability of works for future generations to access and build upon. Besides, other possible sources of legal uncertainty and incompatibility, as well as their actual or potential consequences, need to be evaluated, such as the validity and enforceability of the licenses across jurisdictions with different and possibly inconsistent legislations, the variations between the licenses summary and the licenses text written in legal language, the interoperability with other copyleft licenses. This study presents the different licenses (chapter 2), identifies various possible sources of legal incompatibility (chapter 3), evaluates their actual impact (chapter 4) and finally proposes options to mitigate risks and improve compatibility, consistency, clarity and legal security (chapter 5).},
	keywords = {Auteursrecht, Intellectuele eigendom},
}

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Personal data processing for behavioural targeting: which legal basis? external link

Zuiderveen Borgesius, F.

International Data Privacy Law, 2015

Abstract

Key Points:
The European Union Charter of Fundamental Rights only allows personal data processing if a data controller has a legal basis for the processing.
This paper argues that, in most circumstances, the only available legal basis for the processing of personal data for behavioural targeting is the data subject's unambiguous consent.
Furthermore, the paper argues that the cookie consent requirement from the e-Privacy Directive does not provide a legal basis for the processing of personal data.
Therefore, even if companies could use an opt-out system to comply with the e-Privacy Directive's consent requirement for using a tracking cookie, they would generally have to obtain the data subject's unambiguous consent if they process personal data for behavioural targeting.

Links

http://idpl.oxfordjournals.org/content/early/2015/06/23/idpl.ipv011.abstract?keytype=ref&ijkey=vlrPCGCUMXW8kAz

behavioural targeting, Grondrechten, Personal data, Privacy

RIS

TY  - JOUR
AU  - Zuiderveen Borgesius, F.
PY  - 0625
DA  - 2015-06-25
T1  - Personal data processing for behavioural targeting: which legal basis?
JO  - International Data Privacy Law
UR  - http://idpl.oxfordjournals.org/content/early/2015/06/23/idpl.ipv011.abstract?keytype=ref&ijkey=vlrPCGCUMXW8kAz
AB  - Key Points:
	The European Union Charter of Fundamental Rights only allows personal data processing if a data controller has a legal basis for the processing.
	This paper argues that, in most circumstances, the only available legal basis for the processing of personal data for behavioural targeting is the data subject's unambiguous consent.
	Furthermore, the paper argues that the cookie consent requirement from the e-Privacy Directive does not provide a legal basis for the processing of personal data.
	Therefore, even if companies could use an opt-out system to comply with the e-Privacy Directive's consent requirement for using a tracking cookie, they would generally have to obtain the data subject's unambiguous consent if they process personal data for behavioural targeting.
K1  - behavioural targeting
K1  - Grondrechten
K1  - Personal data
K1  - Privacy
ER  -

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Bibtex

Article{nokey,
	title = {Personal data processing for behavioural targeting: which legal basis?},
	author = {Zuiderveen Borgesius, F.},
	year = {0625},
	date = {2015-06-25},
	journal = {International Data Privacy Law},
	abstract = {Key Points:
	The European Union Charter of Fundamental Rights only allows personal data processing if a data controller has a legal basis for the processing.
	This paper argues that, in most circumstances, the only available legal basis for the processing of personal data for behavioural targeting is the data subject's unambiguous consent.
	Furthermore, the paper argues that the cookie consent requirement from the e-Privacy Directive does not provide a legal basis for the processing of personal data.
	Therefore, even if companies could use an opt-out system to comply with the e-Privacy Directive's consent requirement for using a tracking cookie, they would generally have to obtain the data subject's unambiguous consent if they process personal data for behavioural targeting.},
	keywords = {behavioural targeting, Grondrechten, Personal data, Privacy},
}

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Kroniek Mediarecht external link

Breemen, V. & Breemen, V.

KwartaalSignaal Ars Aequi, num: 135, pp: 7805-7808, 2015

Links

http://www.ivir.nl/publicaties/download/1576.pdf

Kronieken, Mediarecht

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ALAI 2015 Conference ‘Renumeration for the Use of Works. Exclusivity vs. Other Approaches, National Report The Netherlands external link

Kannekens, E., Salamanca, O. & van Eechoud, M.

2015

Links

http://www.ivir.nl/publicaties/download/1575.pdf

Auteursrecht, Intellectuele eigendom

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Kruisende wegen: Auteursrecht in het wetsvoorstel Open Overheid external link

van Eechoud, M.

AMI, num: 3, pp: 75-83., 2015

Abstract

Standaardlicenties zoals Creative Commons zijn een belangrijk middel voor overheidsorganen om het (her)gebruik van overheidsinformatie te stimuleren. De uitoefening van het privaatrechtelijke auteurs- en databankenrecht versterkt zo de publiekrechtelijk geregelde openbaarheid van bestuur. Kan dat zo blijven als het initiatiefwetsvoorstel Open Overheid wet wordt? Het voorstel zet de verhouding tussen openbaarheidswetgeving en intellectuele eigendomsrechten op scherp. Dit artikel beziet de voorgenomen wetswijzigingen in het licht van de tweewegenleer, het leerstuk dat bepaalt hoe privaatrechtelijk overheidshandelen mag worden ingezet voor publieke doelen.

Links

http://www.ivir.nl/publicaties/download/1574.pdf

Overheidsinformatie

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International Copyright. Principles, Law, and Practice, Second Edition external link

Goldstein, P. & Hugenholtz, P.B.

1023

Abstract

This book divides into two parts. Part One (Chapters 1 through 5) describes the general principles of international copyright and the structure of the main conventions. Following Chapter 2, which sets out the historic traditions of copyright, Chapter 3 describes the substance and structure of the principal international, regional, and bilateral conventions in the field of copyright and neighboring rights. Chapter 4 discusses the principles of territoriality and national treatment that underlie these conventions and examines the often highly complex issues of private international law: jurisdiction (choice of forum) and conflict of laws (choice of law). Chapter 5 concludes Part One with a discussion of so-called "scope" rules in the international conventions and in national law, which determine the points of attachment that allow foreign authors to enjoy local copyright protection.
Part Two offers a comparative overview of the substantive norms of copyright. Guided by the substantive minima of the main international conventions, this part describes and compares the rules on copyright and neigboring rights found in national laws. Chapter 6 depicts the rules on the subject matter of copyright and neighboring rights, Chapter 7 the rules on authorship and ownership. The terms of protection for copyright and neigboring rights are examined in Chapter 8. Chapter 9 describes the main economic rights protected under copyright and neighboring rights laws, while Chapter 10 focuses on moral rights. Chapter 11 considers limitations and exemptions, and Chapter 12 analyses copyright enforcement remedies and sanctions.

Links

http://www.ivir.nl/publicaties/download/1572.pdf

Auteursrecht, Intellectuele eigendom

RIS

TY  - BOOK
AU  - Goldstein, P.
AU  - Hugenholtz, P.B.
PY  - 1023
DA  - 2010-10-23
T1  - International Copyright. Principles, Law, and Practice, Second Edition
UR  - http://www.ivir.nl/publicaties/download/1572.pdf
AB  - This book divides into two parts. Part One (Chapters 1 through 5) describes the general principles of international copyright and the structure of the main conventions. Following Chapter 2, which sets out the historic traditions of copyright, Chapter 3 describes the substance and structure of the principal international, regional, and bilateral conventions in the field of copyright and neighboring rights. Chapter 4 discusses the principles of territoriality and national treatment that underlie these conventions and examines the often highly complex issues of private international law: jurisdiction (choice of forum) and conflict of laws (choice of law). Chapter 5 concludes Part One with a discussion of so-called "scope" rules in the international conventions and in national law, which determine the points of attachment that allow foreign authors to enjoy local copyright protection.
	Part Two offers a comparative overview of the substantive norms of copyright. Guided by the substantive minima of the main international conventions, this part describes and compares the rules on copyright and neigboring rights found in national laws. Chapter 6 depicts the rules on the subject matter of copyright and neighboring rights, Chapter 7 the rules on authorship and ownership. The terms of protection for copyright and neigboring rights are examined in Chapter 8. Chapter 9 describes the main economic rights protected under copyright and neighboring rights laws, while Chapter 10 focuses on moral rights. Chapter 11 considers limitations and exemptions, and Chapter 12 analyses copyright enforcement remedies and sanctions.
K1  - Auteursrecht
K1  - Intellectuele eigendom
ER  -

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Bibtex

Book{nokey,
	title = {International Copyright. Principles, Law, and Practice, Second Edition},
	author = {Goldstein, P. and Hugenholtz, P.B.},
	year = {1023},
	date = {2010-10-23},
	abstract = {This book divides into two parts. Part One (Chapters 1 through 5) describes the general principles of international copyright and the structure of the main conventions. Following Chapter 2, which sets out the historic traditions of copyright, Chapter 3 describes the substance and structure of the principal international, regional, and bilateral conventions in the field of copyright and neighboring rights. Chapter 4 discusses the principles of territoriality and national treatment that underlie these conventions and examines the often highly complex issues of private international law: jurisdiction (choice of forum) and conflict of laws (choice of law). Chapter 5 concludes Part One with a discussion of so-called "scope" rules in the international conventions and in national law, which determine the points of attachment that allow foreign authors to enjoy local copyright protection.
	Part Two offers a comparative overview of the substantive norms of copyright. Guided by the substantive minima of the main international conventions, this part describes and compares the rules on copyright and neigboring rights found in national laws. Chapter 6 depicts the rules on the subject matter of copyright and neighboring rights, Chapter 7 the rules on authorship and ownership. The terms of protection for copyright and neigboring rights are examined in Chapter 8. Chapter 9 describes the main economic rights protected under copyright and neighboring rights laws, while Chapter 10 focuses on moral rights. Chapter 11 considers limitations and exemptions, and Chapter 12 analyses copyright enforcement remedies and sanctions.},
	keywords = {Auteursrecht, Intellectuele eigendom},
}

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Lobby in Europa zorgt voor absurd internetbeleid external link

Arnbak, A.

2015

Links

https://www.axelarnbak.nl/wp-content/uploads/2015/06/fd11.pdf

Grondrechten, Privacy

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Going means trouble and staying makes it double: the value of licensing recorded music online external link

Handke, C.W., Bodó, B. & Vallbé, J.

Journal of Cultural Economics, 2015

Abstract

This paper discusses whether a copyright compensation system (CCS) for recorded music—endowing private Internet subscribers with the right to download and use works in return for a fee—would be welfare increasing. It reports on the results of a discrete choice experiment conducted with a representative sample of the Dutch population consisting of 4986 participants. Under some conservative assumptions, we find that applied only to recorded music, a mandatory CCS could increase the welfare of rights holders and users in the Netherlands by over €600 million per year (over €35 per capita). This far exceeds current rights holder revenues from the market of recorded music of ca. €144 million per year. A monthly CCS fee of ca. €1.74 as a surcharge on Dutch Internet subscriptions would raise the same amount of revenues to rights holders as the current market for recorded music. With a voluntary CCS, the estimated welfare gains to users and rights holders are even greater for CCS fees below €20 on the user side. A voluntary CCS would also perform better in the long run, as it could retain a greater extent of market coordination. The results of our choice experiment indicate that a well-designed CCS for recorded music would simultaneously make users and rights holders better off. This result holds even if we correct for frequently observed rates of overestimation in contingent valuation studies.

Links

http://link.springer.com/article/10.1007%2Fs10824-015-9251-8

Auteursrecht, collective rights management, compensation systems, Contingent valuation, Copyright, Intellectuele eigendom, Internet, Recorded music

RIS

TY  - JOUR
AU  - Handke, C.W.
AU  - Bodó, B.
AU  - Vallbé, J.
PY  - 2015
DA  - 2015-06-11
T1  - Going means trouble and staying makes it double: the value of licensing recorded music online
JO  - Journal of Cultural Economics
UR  - http://link.springer.com/article/10.1007%2Fs10824-015-9251-8
AB  - This paper discusses whether a copyright compensation system (CCS) for recorded music—endowing private Internet subscribers with the right to download and use works in return for a fee—would be welfare increasing. It reports on the results of a discrete choice experiment conducted with a representative sample of the Dutch population consisting of 4986 participants. Under some conservative assumptions, we find that applied only to recorded music, a mandatory CCS could increase the welfare of rights holders and users in the Netherlands by over €600 million per year (over €35 per capita). This far exceeds current rights holder revenues from the market of recorded music of ca. €144 million per year. A monthly CCS fee of ca. €1.74 as a surcharge on Dutch Internet subscriptions would raise the same amount of revenues to rights holders as the current market for recorded music. With a voluntary CCS, the estimated welfare gains to users and rights holders are even greater for CCS fees below €20 on the user side. A voluntary CCS would also perform better in the long run, as it could retain a greater extent of market coordination. The results of our choice experiment indicate that a well-designed CCS for recorded music would simultaneously make users and rights holders better off. This result holds even if we correct for frequently observed rates of overestimation in contingent valuation studies.
K1  - Auteursrecht
K1  - collective rights management
K1  - compensation systems
K1  - Contingent valuation
K1  - Copyright
K1  - Intellectuele eigendom
K1  - Internet
K1  - Recorded music
ER  -

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Bibtex

Article{nokey,
	title = {Going means trouble and staying makes it double: the value of licensing recorded music online},
	author = {Handke, C.W. and Bodó, B. and Vallbé, J.},
	year = {2015},
	date = {2015-06-11},
	journal = {Journal of Cultural Economics},
	abstract = {This paper discusses whether a copyright compensation system (CCS) for recorded music—endowing private Internet subscribers with the right to download and use works in return for a fee—would be welfare increasing. It reports on the results of a discrete choice experiment conducted with a representative sample of the Dutch population consisting of 4986 participants. Under some conservative assumptions, we find that applied only to recorded music, a mandatory CCS could increase the welfare of rights holders and users in the Netherlands by over €600 million per year (over €35 per capita). This far exceeds current rights holder revenues from the market of recorded music of ca. €144 million per year. A monthly CCS fee of ca. €1.74 as a surcharge on Dutch Internet subscriptions would raise the same amount of revenues to rights holders as the current market for recorded music. With a voluntary CCS, the estimated welfare gains to users and rights holders are even greater for CCS fees below €20 on the user side. A voluntary CCS would also perform better in the long run, as it could retain a greater extent of market coordination. The results of our choice experiment indicate that a well-designed CCS for recorded music would simultaneously make users and rights holders better off. This result holds even if we correct for frequently observed rates of overestimation in contingent valuation studies.},
	keywords = {Auteursrecht, collective rights management, compensation systems, Contingent valuation, Copyright, Intellectuele eigendom, Internet, Recorded music},
}

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