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Legal, economic and cultural aspects of file sharing external link
Prova d’Orchestra: een economische analyse van het voorontwerp auteurscontractenrecht external link
Les programmes d’ordinateur et le droit d’innovation technologique external link
Abstract
Text in French. This articles discusses the legal protection of computer software and proposes the creation of a new sui generis right more suited to the characteristics of this technology. The proposal of a new technological innovation right arises from the experience acquired over the last twenty years with respect to computer software protection. The parameters of this new right borrows known avenues inspired by copyright law, patent law, integrated circuit topography law, as well as the new sui generis right on databases recognized in Europe. This article presents the technological innovation right: the scope of application, the exclusive rights granted and their limitations, the formalities for acquisition and the duration of the protection.
Technologie en recht
RIS
Bibtex
Agreements between Authors or Performers and Collective Rights Societies: Comparative Study of Some Provisions external link
Abstract
Text in French - with the Introduction and a summary for each chapter translated into English. Available in paper format with ALAI Canada for $ 75. CDN. In the context of the 1997 Congress of the Association Littéraire et Artistique Internationale (ALAI), entitled «Protection of Authors and Performers through Contracts», the Canadian Group of ALAI wished to draw particular attention to the legal relationship existing between authors or performers and collective rights societies. The nature of the copyrights and neighbouring rights conferred by law, the legal framework surrounding the structure and operations of collective societies, their number in each territory and the presence of complementary professional associations are determining factors in the definition of the scope of protection granted to authors and performers. Taking these elements into account, this report analyzes around fifty agreements entered into by authors and performers on the one hand, and organizations whose activities consist of collecting and distributing copyrights and neighbouring rights, on the other hand. The study is divided in two main chapters, the first one dealing with the contractual relationship between members and the society, and the second one examing the extent to which members may participate in the operations of the society.
Auteursrecht, Intellectuele eigendom
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Bibtex
Limitations found outside of copyright law external link
Pre-emption Issues in the Digital Environment: Can Copyright Limitations Be Overridden by Contractual Agreements under European Law? external link
Discussion paper on the question of Exceptions to and limitations on copyright and neighbouring rights in the digital era external link
Study on the conditions applicable to contracts relating to intellectual property in the European Union external link
Abstract
The cross-border exploitation of copyrighted works or performances has increased dramatically in recent years. This development is evident in respect of such ‘borderless’ media such as broadcasting and information services provided online. However, more traditional sectors of the information and entertainment industries, such as book publishing and film production, are also undergoing a process of rapid internationalisation, particularly within the European Union. As a consequence, contractual relationships between authors or performers on the one hand, and publishers, broadcasters or producers on the other hand, are increasingly taking on an international dimension. In view of the differences that presently exist at the national level regarding the law applicable to copyright contracts, this process of internationalisation has, inevitably, prompted the question whether some form of harmonisation at the European level is called for. This is the central question of this study.
Intellectuele eigendom