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Video recording of the COMMUNIA Salon on the CJEU decision on Article 17 (Case C-401/19) external link
Groundhog Day in Geneva: The WIPO Broadcasting Treaty is on the Agenda Once Again external link
CJEU upholds Article 17, but not in the form (most) Member States imagined external link
Article 17 survives, but freedom of expression safeguards are key: C-401/19 – Poland v Parliament and Council external link
AI Music Outputs: Challenges to the Copyright Legal Framework – Part II external link
AI Music Outputs: Challenges to the Copyright Legal Framework – Part I external link
Annotatie bij Hof van Justitie van de EU 8 september 2020 (Recorded Artists Actors Performers / Phonographic Performance (Ireland)) external link
The Social Construction of Self-Sovereign Identity: An Extended Model of Interpretive Flexibility external link
Abstract
User-centric identity management systems are gaining momentum as concerns about Big Tech and Big Government rise. Many of these systems are framed as offering Self-Sovereign Identity (SSI). Yet, competing appropriation and the social embedding of SSI have resulted in diverging interpretations. These vague and value-laden interpretations can damage the public discourse and risk misrepresenting values and affordances that technology offers to users. To unpack the various social and technical understandings of SSI, we adopt an ‘interpretive flexibility’ lens. Based on a qualitative inductive interview study, we find that SSI’s interpretation is strongly mediated by surrounding institutional properties. Our study helps to better navigate these different perceptions and highlights the need for a multidimensional framework that can improve the understanding of complex socio-technical systems for digital government practitioners, researchers, and policy-makers.
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Bibtex
Robustness Check: Evaluating and Strengthening Artistic Use Defences in EU Trademark Law external link
Abstract
The 2015 EU trademark law reform introduced a peculiar rule for reconciling trademark rights with freedom of artistic expression. According to Recital 21 EUTMR and Recital 27 TMD, artistic use can be deemed fair as long as the artist ensures compliance with “honest practices in industrial and commercial matters”. The honest practices proviso forges a link with the provisions on limitations of trademark rights. Article 14(1) EUTMR and Art. 14(1) TMD exempt from the control of trademark proprietors several types of use that can allow for artistic use. All these limitations, however, apply only when the use satisfies the test of honest practices. Confirming the obligation to comply with honest practices in industrial and commercial matters, the fairness rule of Recital 21 EUTMR and Recital 27 TMD turns out to be a double-edged sword. Instead of readily immunizing artistic use against trademark claims, it obliges artists to rely on limitations of trademark rights and furnish corresponding proof. Moreover, artists are expected to align their artistic activity with behavioural standards in the field of industry and commerce – a realm that is alien to the artistic community. Evidently, this approach endangers artistic autonomy. To avoid detrimental effects on artistic expression, it is advisable to strengthen the position of artists and develop a legal solution that resembles the measures taken in Art. 9(3)(f) EUTMR and Art. 10(3)(f) TMD with regard to freedom of commercial expression. Drawing inspiration from cultural sciences and case law on both sides of the Atlantic, the analysis explores avenues for achieving this goal.
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