Joint Copyrights Management by Collecting Societies and Online Platforms: An Economic Analysis

Joint Copyrights Management by Collecting Societies and Online Platforms: An Economic Analysis external link

Handke, C.W.

2015

Abstract

This paper discusses the effects of technological change on joint (copy)rights management (JRM). The economic literature discusses JRM as a response to relatively high transaction costs in complex markets for copyright works. Based on a formal analysis, we show that JRM reduces the average transaction costs per transaction and the total number of transactions under a broad range of conditions. Throughout the 20th Century, JRM was mostly conducted by copyrights holder collectives. Recently, private for-profit online platforms are taking on core functions of JRM. Our formal analysis yields two essential results: (1) the efficient scale and scope of JRM will increase as copyright works are increasingly traded via digital ICT networks; (2) a change from collective JRM on behalf of rights holders to commercial intermediation weakens the position of rights holders, and will aggravate problems with the private provision of copyright works with public good attributes.

Links

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2616442

Auteursrecht, collecting societies, Copyright, copyright collectives, digitization, Intellectuele eigendom, online intermediaries

RIS

TY  - JOUR
AU  - Handke
AU  - C.W.
PY  - 0611
DA  - 2015-06-11
T1  - Joint Copyrights Management by Collecting Societies and Online Platforms: An Economic Analysis
UR  - http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2616442
AB  - This paper discusses the effects of technological change on joint (copy)rights management (JRM). The economic literature discusses JRM as a response to relatively high transaction costs in complex markets for copyright works. Based on a formal analysis, we show that JRM reduces the average transaction costs per transaction and the total number of transactions under a broad range of conditions. Throughout the 20th Century, JRM was mostly conducted by copyrights holder collectives. Recently, private for-profit online platforms are taking on core functions of JRM. Our formal analysis yields two essential results: (1) the efficient scale and scope of JRM will increase as copyright works are increasingly traded via digital ICT networks; (2) a change from collective JRM on behalf of rights holders to commercial intermediation weakens the position of rights holders, and will aggravate problems with the private provision of copyright works with public good attributes.
K1  - Auteursrecht
K1  - collecting societies
K1  - Copyright
K1  - copyright collectives
K1  - digitization
K1  - Intellectuele eigendom
K1  - online intermediaries
ER  -

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Bibtex

Article{nokey,
	title = {Joint Copyrights Management by Collecting Societies and Online Platforms: An Economic Analysis},
	author = {Handke and C.W.},
	year = {0611},
	date = {2015-06-11},
	abstract = {This paper discusses the effects of technological change on joint (copy)rights management (JRM). The economic literature discusses JRM as a response to relatively high transaction costs in complex markets for copyright works. Based on a formal analysis, we show that JRM reduces the average transaction costs per transaction and the total number of transactions under a broad range of conditions. Throughout the 20th Century, JRM was mostly conducted by copyrights holder collectives. Recently, private for-profit online platforms are taking on core functions of JRM. Our formal analysis yields two essential results: (1) the efficient scale and scope of JRM will increase as copyright works are increasingly traded via digital ICT networks; (2) a change from collective JRM on behalf of rights holders to commercial intermediation weakens the position of rights holders, and will aggravate problems with the private provision of copyright works with public good attributes.},
	keywords = {Auteursrecht, collecting societies, Copyright, copyright collectives, digitization, Intellectuele eigendom, online intermediaries},
}

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Software is ook bij bitcoin altijd politiek external link

Arnbak, A.

2015

Links

https://www.axelarnbak.nl/2015/05/20/10e-column-financieele-dagblad-machtsstrijd-software-is-ook-bij-bitcoin-altijd-politiek/

bitcoin, politiek, Software, Technologie en recht

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De implicaties van het Google Spain-arrest voor de vrijheid van meningsuiting external link

Zuiderveen Borgesius, F. & Kulk, S.

NJCM-Bulletin, num: 1, pp: 3-19., 2015

Abstract

In deze bijdrage wordt het Google Spain-arrest van het Hof van Justitie van de Europese Unie besproken, evenals de ontwikkelingen na het arrest. Centraal staat de vraag naar de gevolgen van het arrest voor de vrijheid van meningsuiting. De auteurs betogen dat het Hof onvoldoende aandacht schenkt aan de vrijheid van meningsuiting.

Links

http://www.ivir.nl/publicaties/download/1566.pdf

Grondrechten, Internet, Personal data, Privacy, recht om vergeten te worden, Vrijheid van meningsuiting, zoekmachines

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The United Nations and Freedom of Expression and Information: Critical Perspectives external link

Donders, Y. & McGonagle, T.

0604

Abstract

This book provides a critical and uniquely comprehensive examination of the main UN standards and mechanisms dealing with the rights to freedom of expression and information. It details the chequered history of both rights within the UN system and evaluates the suitability of the system for overcoming contemporary challenges and threats to both rights.
The book’s institutional focus comprises five international treaties, UNESCO and the UN Special Rapporteur on freedom of expression. Different aspects of freedom of expression and information are foregrounded in different treaties, to ensure the effective enjoyment of both rights by particular groups, eg. children or persons with disabilities, or the meaningful application of the rights in particular situations, eg. combating racism.
The book’s thematic focus examines a selection of themes that are prompting fresh thinking about the substance and scope of the rights to freedom of expression and information, eg. the impact of new communication technologies.

Links

http://www.cambridge.org/nl/academic/subjects/law/un-and-international-organisations/united-nations-and-freedom-expression-and-information-critical-perspectives?format=HB

Grondrechten, Vrijheid van meningsuiting

RIS

TY  - BOOK
AU  - Donders, Y.
AU  - McGonagle, T.
PY  - 0604
DA  - 2015-06-04
T1  - The United Nations and Freedom of Expression and Information: Critical Perspectives
UR  - http://www.cambridge.org/nl/academic/subjects/law/un-and-international-organisations/united-nations-and-freedom-expression-and-information-critical-perspectives?format=HB
AB  - This book provides a critical and uniquely comprehensive examination of the main UN standards and mechanisms dealing with the rights to freedom of expression and information. It details the chequered history of both rights within the UN system and evaluates the suitability of the system for overcoming contemporary challenges and threats to both rights.
	The book’s institutional focus comprises five international treaties, UNESCO and the UN Special Rapporteur on freedom of expression. Different aspects of freedom of expression and information are foregrounded in different treaties, to ensure the effective enjoyment of both rights by particular groups, eg. children or persons with disabilities, or the meaningful application of the rights in particular situations, eg. combating racism.
	The book’s thematic focus examines a selection of themes that are prompting fresh thinking about the substance and scope of the rights to freedom of expression and information, eg. the impact of new communication technologies.
K1  - Grondrechten
K1  - Vrijheid van meningsuiting
ER  -

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Bibtex

Book{nokey,
	title = {The United Nations and Freedom of Expression and Information: Critical Perspectives},
	author = {Donders, Y. and McGonagle, T.},
	year = {0604},
	date = {2015-06-04},
	abstract = {This book provides a critical and uniquely comprehensive examination of the main UN standards and mechanisms dealing with the rights to freedom of expression and information. It details the chequered history of both rights within the UN system and evaluates the suitability of the system for overcoming contemporary challenges and threats to both rights.
	The book’s institutional focus comprises five international treaties, UNESCO and the UN Special Rapporteur on freedom of expression. Different aspects of freedom of expression and information are foregrounded in different treaties, to ensure the effective enjoyment of both rights by particular groups, eg. children or persons with disabilities, or the meaningful application of the rights in particular situations, eg. combating racism.
	The book’s thematic focus examines a selection of themes that are prompting fresh thinking about the substance and scope of the rights to freedom of expression and information, eg. the impact of new communication technologies.},
	keywords = {Grondrechten, Vrijheid van meningsuiting},
}

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Improving privacy protection in the area of behavioural targeting external link

Zuiderveen Borgesius, F.

Kluwer Law International, 2015, Series: Information Law Series, ISBN: 9789041159908

Abstract

This book provides you with a highly readable overview of the policy issues underlying behavioural targeting, and explains how the law could improve on privacy protection. At the core of many privacy problems on the Internet, behavioural targeting – or online profiling – involves monitoring people’s online behaviour and using the data obtained to expose people to individually targeted advertisements. In the process, firms gather information, store it, analyse it, and disclose it to other firms. There is wide agreement that EU data protection law – and similar regimes in countries worldwide – offers insufficient protection of privacy on the internet.

Links

https://pure.uva.nl/ws/files/2141314/154442_Thesis_complete_.pdf

Kluwer Information Law Series

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Ongerichte interceptie, of het verwerven van bulk-communicatie, en waarom de Grondwet en het EVRM onvoldoende tegenwicht bieden external link

Eskens, S.

Computerrecht, vol. 2015, num: 3, pp: 125-131, 2015

Links

https://www.ivir.nl/eskens_computerrecht2015/

Grondrechten

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Between fact and fiction: an analysis of the case law on article 12 ECHR external link

van der Sloot, B.

Child and Familiy Law Quarterly, num: 4, pp: 397-420., 2015

Abstract

The right to marry and found a family is currently the subject of worldwide debate. New Zealand and France recently opened up the right to marry to same-sex couples, which has led to mass protests, heated debates, and renewed violence against gay people in France. The Duma has passed a law prohibiting ‘homosexual propaganda’, and in the United States, the Supreme Court has delivered its revolutionary decision on the Defense of Marriage Act. This study enriches the existing debate by analysing the case law of the European Court of Human Rights regarding Article 12 of the European Convention on Human Rights, containing the right to marry and found a family. It will be shown that although the article was incorporated in the Convention as a typical negative right and anti-discrimination provision, until 2000 the Court has approached it from a Christian/conservative perspective, adopting very far-reaching restrictions on the rights of immigrants, denying transsexuals and same-sex couples the right to marry, denying a right to divorce, and denying the right to found a family through artificial insemination or adoption. It is only since 2000 that the Court has struck a somewhat more liberal tone, although many of the conservative doctrines still stand.

Links

http://www.ivir.nl/publicaties/download/1561.pdf

adoption, divorce, gay marriage, Grondrechten, marriage, transgender

RIS

TY  - JOUR
AU  - van der Sloot, B.
PY  - 0408
DA  - 2015-04-08
T1  - Between fact and fiction: an analysis of the case law on article 12 ECHR
JO  - Child and Familiy Law Quarterly
NV  - 4
SP  - 397-420.
UR  - http://www.ivir.nl/publicaties/download/1561.pdf
AB  - The right to marry and found a family is currently the subject of worldwide debate. New Zealand and France recently opened up the right to marry to same-sex couples, which has led to mass protests, heated debates, and renewed violence against gay people in France. The Duma has passed a law prohibiting ‘homosexual propaganda’, and in the United States, the Supreme Court has delivered its revolutionary decision on the Defense of Marriage Act. This study enriches the existing debate by analysing the case law of the European Court of Human Rights regarding Article 12 of the European Convention on Human Rights, containing the right to marry and found a family. It will be shown that although the article was incorporated in the Convention as a typical negative right and anti-discrimination provision, until 2000 the Court has approached it from a Christian/conservative perspective, adopting very far-reaching restrictions on the rights of immigrants, denying transsexuals and same-sex couples the right to marry, denying a right to divorce, and denying the right to found a family through artificial insemination or adoption. It is only since 2000 that the Court has struck a somewhat more liberal tone, although many of the conservative doctrines still stand.
K1  - adoption
K1  - divorce
K1  - gay marriage
K1  - Grondrechten
K1  - marriage
K1  - transgender
ER  -

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Bibtex

Article{nokey,
	title = {Between fact and fiction: an analysis of the case law on article 12 ECHR},
	author = {van der Sloot, B.},
	year = {0408},
	date = {2015-04-08},
	journal = {Child and Familiy Law Quarterly},
	number = {4},
	pages = {397-420.},
	abstract = {The right to marry and found a family is currently the subject of worldwide debate. New Zealand and France recently opened up the right to marry to same-sex couples, which has led to mass protests, heated debates, and renewed violence against gay people in France. The Duma has passed a law prohibiting ‘homosexual propaganda’, and in the United States, the Supreme Court has delivered its revolutionary decision on the Defense of Marriage Act. This study enriches the existing debate by analysing the case law of the European Court of Human Rights regarding Article 12 of the European Convention on Human Rights, containing the right to marry and found a family. It will be shown that although the article was incorporated in the Convention as a typical negative right and anti-discrimination provision, until 2000 the Court has approached it from a Christian/conservative perspective, adopting very far-reaching restrictions on the rights of immigrants, denying transsexuals and same-sex couples the right to marry, denying a right to divorce, and denying the right to found a family through artificial insemination or adoption. It is only since 2000 that the Court has struck a somewhat more liberal tone, although many of the conservative doctrines still stand.},
	keywords = {adoption, divorce, gay marriage, Grondrechten, marriage, transgender},
}

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Annotatie bij Rb. Amsterdam 18 september 2014 (Google) external link

van der Sloot, B.

Jurisprudentie Bescherming Persoonsgegevens (JBP), 2015

Abstract

Verzoek verwijdering Google. Recht om vergeten te worden.

Links

http://www.ivir.nl/publicaties/download/1560.pdf

Google, Grondrechten, recht om vergeten te worden, Vrijheid van meningsuiting

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Annotatie bij Rb. ‘s-Gravenhage 23 juli 2014 (Strafadvocaten e.a. / Staat der Nederlanden) external link

van der Sloot, B.

Mediaforum, num: 11/12, pp: 306-309., 2015

Links

http://www.ivir.nl/publicaties/download/1559.pdf

Grondrechten, Privacy

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Privacy as human flourishing: Could a shift towards virtue ethics strengthen privacy protection in the age of Big Data? external link

van der Sloot, B.

JIPITEC, num: 3, pp: 230-244., 2015

Abstract

Privacy is commonly seen as an instrumental value in relation to negative freedom, human dignity and personal autonomy. Article 8 ECHR, protecting the right to privacy, was originally coined as a doctrine protecting the negative freedom of citizens in vertical relations, that is between citizen and state. Over the years, the Court has extended privacy protection to horizontal relations and has gradually accepted that individual autonomy is an equally important value underlying the right to privacy. However, in most of the recent cases regarding Article 8 ECHR, the Court goes beyond the protection of negative freedom and individual autonomy and instead focuses self-expression, personal development and human flourishing. Accepting this virtue ethical notion, in addition to the traditional Kantian focus on individual autonomy and human dignity, as a core value of Article 8 ECHR may prove vital for the protection of privacy in the age of Big Data.

Links

http://www.ivir.nl/publicaties/download/1558.pdf

Big data, Ethiek, European Convention on Human Rights, Grondrechten, Privacy

RIS

TY  - JOUR
AU  - van der Sloot, B.
PY  - 0414
DA  - 2015-04-14
T1  - Privacy as human flourishing: Could a shift towards virtue ethics strengthen privacy protection in the age of Big Data?
JO  - JIPITEC
NV  - 3
SP  - 230-244.
UR  - http://www.ivir.nl/publicaties/download/1558.pdf
AB  - Privacy is commonly seen as an instrumental value in relation to negative freedom, human dignity and personal autonomy. Article 8 ECHR, protecting the right to privacy, was originally coined as a doctrine protecting the negative freedom of citizens in vertical relations, that is between citizen and state. Over the years, the Court has extended privacy protection to horizontal relations and has gradually accepted that individual autonomy is an equally important value underlying the right to privacy. However, in most of the recent cases regarding Article 8 ECHR, the Court goes beyond the protection of negative freedom and individual autonomy and instead focuses self-expression, personal development and human flourishing. Accepting this virtue ethical notion, in addition to the traditional Kantian focus on individual autonomy and human dignity, as a core value of Article 8 ECHR may prove vital for the protection of privacy in the age of Big Data.
K1  - Big data
K1  - Ethiek
K1  - European Convention on Human Rights
K1  - Grondrechten
K1  - Privacy
ER  -

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Bibtex

Article{nokey,
	title = {Privacy as human flourishing: Could a shift towards virtue ethics strengthen privacy protection in the age of Big Data?},
	author = {van der Sloot, B.},
	year = {0414},
	date = {2015-04-14},
	journal = {JIPITEC},
	number = {3},
	pages = {230-244.},
	abstract = {Privacy is commonly seen as an instrumental value in relation to negative freedom, human dignity and personal autonomy. Article 8 ECHR, protecting the right to privacy, was originally coined as a doctrine protecting the negative freedom of citizens in vertical relations, that is between citizen and state. Over the years, the Court has extended privacy protection to horizontal relations and has gradually accepted that individual autonomy is an equally important value underlying the right to privacy. However, in most of the recent cases regarding Article 8 ECHR, the Court goes beyond the protection of negative freedom and individual autonomy and instead focuses self-expression, personal development and human flourishing. Accepting this virtue ethical notion, in addition to the traditional Kantian focus on individual autonomy and human dignity, as a core value of Article 8 ECHR may prove vital for the protection of privacy in the age of Big Data.},
	keywords = {Big data, Ethiek, European Convention on Human Rights, Grondrechten, Privacy},
}

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