Publications - Page 69 of 266

Szurovecz t. Hongarije (EHRM, nr. 15428/16) – Court underscores importance of direct news-gathering by journalists external link

McGonagle, T.

European Human Rights Cases, 2020

frontpage, Journalistiek, Mediarecht, Vrijheid van meningsuiting

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Film Financing in the Digital Single Market: Challenges to Territoriality external link

Hugenholtz, P.B. & Poort, J.

IIC, vol. 51, num: 2, pp: 167-186, 2020

Abstract

This article discusses the role of territorial licences for feature films against the background of judicial and market developments in the EU. Currently, territorial licences are deemed a cornerstone of the exploitation and financing of films in Europe. However, current models of film financing are under increasing pressure both from market developments such as the turbulent growth of global online video platforms, and from developments in EU law aimed at removing national territorial barriers to the Single Market. Examples are the rule of Union-wide exhaustion of the distribution right, the EU Portability Regulation and the country of origin rules for satellite broadcasting and online simulcasting. EU competition law sets additional limits to grants of territorial exclusivity, and prohibits clauses in broadcasting and pay television licences that prevent or restrict “passive” sales to consumers/viewers in non-licensed territories. The freedom of right holders to preserve territorial exclusivity by way of contract is likely to become increasingly vulnerable to EU competition law, as underlying territorial rights no longer support territorial grants. For the film sector where territorial exclusivity remains indispensable, the European Commission could create specific competition law rules in the form of “block exemptions”. Language exclusivity – i.e. exclusive grants of rights for distinct language versions of a film – could provide a practical and legally more robust alternative to territorial licensing.

Links

DOI: https://doi.org/10.1007/s40319-019-00900-2

Copyright, Digital Single Market, film, financing, frontpage, territoriality

RIS

TY  - JOUR
AU  - Hugenholtz, P.B.
AU  - Poort, J.
PY  - 0130
DA  - 2020-01-30
T1  - Film Financing in the Digital Single Market: Challenges to Territoriality
JO  - IIC
VL  - 51
NV  - 2
SP  - 167-186
UR  - https://link.springer.com/content/pdf/10.1007%2Fs40319-019-00900-2.pdf
DO  - https://doi.org/10.1007/s40319-019-00900-2
AB  - This article discusses the role of territorial licences for feature films against the background of judicial and market developments in the EU. Currently, territorial licences are deemed a cornerstone of the exploitation and financing of films in Europe. However, current models of film financing are under increasing pressure both from market developments such as the turbulent growth of global online video platforms, and from developments in EU law aimed at removing national territorial barriers to the Single Market. Examples are the rule of Union-wide exhaustion of the distribution right, the EU Portability Regulation and the country of origin rules for satellite broadcasting and online simulcasting. EU competition law sets additional limits to grants of territorial exclusivity, and prohibits clauses in broadcasting and pay television licences that prevent or restrict “passive” sales to consumers/viewers in non-licensed territories. The freedom of right holders to preserve territorial exclusivity by way of contract is likely to become increasingly vulnerable to EU competition law, as underlying territorial rights no longer support territorial grants. For the film sector where territorial exclusivity remains indispensable, the European Commission could create specific competition law rules in the form of “block exemptions”. Language exclusivity – i.e. exclusive grants of rights for distinct language versions of a film – could provide a practical and legally more robust alternative to territorial licensing.
K1  - Copyright
K1  - Digital Single Market
K1  - film
K1  - financing
K1  - frontpage
K1  - territoriality
ER  -

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Article{Hugenholtz2020,
	title = {Film Financing in the Digital Single Market: Challenges to Territoriality},
	author = {Hugenholtz, P.B. and Poort, J.},
	doi = {https://doi.org/10.1007/s40319-019-00900-2},
	year = {0130},
	date = {2020-01-30},
	journal = {IIC},
	volume = {51},
	number = {2},
	pages = {167-186},
	abstract = {This article discusses the role of territorial licences for feature films against the background of judicial and market developments in the EU. Currently, territorial licences are deemed a cornerstone of the exploitation and financing of films in Europe. However, current models of film financing are under increasing pressure both from market developments such as the turbulent growth of global online video platforms, and from developments in EU law aimed at removing national territorial barriers to the Single Market. Examples are the rule of Union-wide exhaustion of the distribution right, the EU Portability Regulation and the country of origin rules for satellite broadcasting and online simulcasting. EU competition law sets additional limits to grants of territorial exclusivity, and prohibits clauses in broadcasting and pay television licences that prevent or restrict “passive” sales to consumers/viewers in non-licensed territories. The freedom of right holders to preserve territorial exclusivity by way of contract is likely to become increasingly vulnerable to EU competition law, as underlying territorial rights no longer support territorial grants. For the film sector where territorial exclusivity remains indispensable, the European Commission could create specific competition law rules in the form of “block exemptions”. Language exclusivity – i.e. exclusive grants of rights for distinct language versions of a film – could provide a practical and legally more robust alternative to territorial licensing.},
	keywords = {Copyright, Digital Single Market, film, financing, frontpage, territoriality},
}

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International Copyright: Principles, Law, and Practice external link

Goldstein, P. & Hugenholtz, P.B.

Oxford University Press, 1223

Auteursrecht, frontpage

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Journalist and editor’s conviction for incitement to religious hatred violated Article 10 external link

Fahy, R. & Voorhoof, D.

Media Report, 2020

Art. 10 EVRM, frontpage, Journalistiek, Persrecht, Vrijheid van meningsuiting

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Prospective Policy Study on Artificial Intelligence and EU Trade Policy external link

Irion, K. & Williams, J.

2020

Abstract

Artificial intelligence is poised to be 21st century’s most transformative general purpose technology that mankind ever availed itself of. Artificial intelligence is a catch-all for technologies that can carry out complex processes fairly independently by learning from data. In the form of popular digital services and products, applied artificial intelligence is seeping into our daily lives, for example, as personal digital assistants or as autopiloting of self-driving cars. This is just the beginning of a development over the course of which artificial intelligence will generate transformative products and services that will alter world trade patterns. Artificial intelligence holds enormous promise for our information civilization if we get the governance of artificial intelligence right. What makes artificial intelligence even more fascinating is that the technology can be deployed fairly location-independent. Cross-border trade in digital services which incorporate applied artificial intelligence into their software architecture is ever increasing. That brings artificial intelligence within the purview of international trade law, such as the General Agreement on Trade in Services (GATS) and ongoing negotiations at the World Trade Organization (WTO) on trade related aspects of electronic commerce. The Dutch Ministry of Foreign Affairs commissioned this study to generate knowledge about the interface between international trade law and European norms and values in the use of artificial intelligence.

Artificial intelligence, EU law, Human rights, Transparency, WTO law

RIS

TY  - RPRT
AU  - Irion, K.
AU  - Williams, J.
PY  - 2020
DA  - 2020-01-21
T1  - Prospective Policy Study on Artificial Intelligence and EU Trade Policy
UR  - https://www.ivir.nl/ivir_policy-paper_ai-study_online/https://www.ivir.nl/ivir_artificial-intelligence-and-eu-trade-policy-2/
AB  - Artificial intelligence is poised to be 21st century’s most transformative general purpose technology that mankind ever availed itself of. Artificial intelligence is a catch-all for technologies that can carry out complex processes fairly independently by learning from data. In the form of popular digital services and products, applied artificial intelligence is seeping into our daily lives, for example, as personal digital assistants or as autopiloting of self-driving cars. This is just the beginning of a development over the course of which artificial intelligence will generate transformative products and services that will alter world trade patterns. Artificial intelligence holds enormous promise for our information civilization if we get the governance of artificial intelligence right.

What makes artificial intelligence even more fascinating is that the technology can be deployed fairly location-independent. Cross-border trade in digital services which incorporate applied artificial intelligence into their software architecture is ever increasing. That brings artificial intelligence within the purview of international trade law, such as the General Agreement on Trade in Services (GATS) and ongoing negotiations at the World Trade Organization (WTO) on trade related aspects of electronic commerce. The Dutch Ministry of Foreign Affairs commissioned this study to generate knowledge about the interface between international trade law and European norms and values in the use of artificial intelligence.
K1  - Artificial intelligence
K1  - EU law
K1  - Human rights
K1  - Transparency
K1  - WTO law
ER  -

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Report{Irion2020b,
	title = {Prospective Policy Study on Artificial Intelligence and EU Trade Policy},
	author = {Irion, K. and Williams, J.},
	year = {2020},
	date = {2020-01-21},
	abstract = {Artificial intelligence is poised to be 21st century’s most transformative general purpose technology that mankind ever availed itself of. Artificial intelligence is a catch-all for technologies that can carry out complex processes fairly independently by learning from data. In the form of popular digital services and products, applied artificial intelligence is seeping into our daily lives, for example, as personal digital assistants or as autopiloting of self-driving cars. This is just the beginning of a development over the course of which artificial intelligence will generate transformative products and services that will alter world trade patterns. Artificial intelligence holds enormous promise for our information civilization if we get the governance of artificial intelligence right.

What makes artificial intelligence even more fascinating is that the technology can be deployed fairly location-independent. Cross-border trade in digital services which incorporate applied artificial intelligence into their software architecture is ever increasing. That brings artificial intelligence within the purview of international trade law, such as the General Agreement on Trade in Services (GATS) and ongoing negotiations at the World Trade Organization (WTO) on trade related aspects of electronic commerce. The Dutch Ministry of Foreign Affairs commissioned this study to generate knowledge about the interface between international trade law and European norms and values in the use of artificial intelligence.},
	keywords = {Artificial intelligence, EU law, Human rights, Transparency, WTO law},
}

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‘Stedelijk Museum verkeert al sinds 2003 in crisis’ external link

Dommering, E.

Het Parool, 2020

frontpage, kunst, stedelijk museum

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Article 17 stakeholder dialogue: What we have learned so far – Part 2 external link

Keller, P.

Kluwer Copyright Blog, 2020

Art. 17 CDSM Directive, Auteursrecht, frontpage

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Article 17 stakeholder dialogue: What we have learned so far – Part 1 external link

Keller, P.

Kluwer Copyright Blog, 2020

Art. 17 CDSM Directive, Auteursrecht, frontpage

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The regulation of online political micro-targeting in Europe external link

Dobber, T., Fahy, R. & Zuiderveen Borgesius, F.

Internet Policy Review, vol. 8, num: 4, 2020

Abstract

In this paper, we examine how online political micro-targeting is regulated in Europe. While there are no specific rules on such micro-targeting, there are general rules that apply. We focus on three fields of law: data protection law, freedom of expression, and sector-specific rules for political advertising; for the latter we examine four countries. We argue that the rules in the General Data Protection Regulation (GDPR) are necessary, but not sufficient. We show that political advertising, including online political micro-targeting, is protected by the right to freedom of expression. That right is not absolute, however. From a European human rights perspective, it is possible for lawmakers to limit the possibilities for political advertising. Indeed, some countries ban TV advertising for political parties during elections.

Links

DOI: https://doi.org/10.14763/2019.4.1440

Advertising, Data protection law, elections, europe, frontpage, Micro-targeting, Politics, Privacy, Regulering, Vrijheid van meningsuiting

RIS

TY  - JOUR
AU  - Dobber, T.
AU  - Fahy, R.
AU  - Zuiderveen Borgesius, F.
PY  - 0116
DA  - 2020-01-16
T1  - The regulation of online political micro-targeting in Europe
JO  - Internet Policy Review
VL  - 8
NV  - 4
UR  - https://policyreview.info/articles/analysis/regulation-online-political-micro-targeting-europe
DO  - https://doi.org/10.14763/2019.4.1440
AB  - In this paper, we examine how online political micro-targeting is regulated in Europe. While there are no specific rules on such micro-targeting, there are general rules that apply. We focus on three fields of law: data protection law, freedom of expression, and sector-specific rules for political advertising; for the latter we examine four countries. We argue that the rules in the General Data Protection Regulation (GDPR) are necessary, but not sufficient. We show that political advertising, including online political micro-targeting, is protected by the right to freedom of expression. That right is not absolute, however. From a European human rights perspective, it is possible for lawmakers to limit the possibilities for political advertising. Indeed, some countries ban TV advertising for political parties during elections.
K1  - Advertising
K1  - Data protection law
K1  - elections
K1  - europe
K1  - frontpage
K1  - Micro-targeting
K1  - Politics
K1  - Privacy
K1  - Regulering
K1  - Vrijheid van meningsuiting
ER  -

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Bibtex

Article{Dobber2020,
	title = {The regulation of online political micro-targeting in Europe},
	author = {Dobber, T. and Fahy, R. and Zuiderveen Borgesius, F.},
	doi = {https://doi.org/10.14763/2019.4.1440},
	year = {0116},
	date = {2020-01-16},
	journal = {Internet Policy Review},
	volume = {8},
	number = {4},
	abstract = {In this paper, we examine how online political micro-targeting is regulated in Europe. While there are no specific rules on such micro-targeting, there are general rules that apply. We focus on three fields of law: data protection law, freedom of expression, and sector-specific rules for political advertising; for the latter we examine four countries. We argue that the rules in the General Data Protection Regulation (GDPR) are necessary, but not sufficient. We show that political advertising, including online political micro-targeting, is protected by the right to freedom of expression. That right is not absolute, however. From a European human rights perspective, it is possible for lawmakers to limit the possibilities for political advertising. Indeed, some countries ban TV advertising for political parties during elections.},
	keywords = {Advertising, Data protection law, elections, europe, frontpage, Micro-targeting, Politics, Privacy, Regulering, Vrijheid van meningsuiting},
}

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Toward Compatibility of the EU Trade Policy with the General Data Protection Regulation external link

Yakovleva, S. & Irion, K.

AJIL Unbound, vol. 114, pp: 10-14, 2020

Abstract

The European Union’s (EU) negotiating position on cross-border data flows, which the EU has recently included in its proposal for the World Trade Organization (WTO) talks on e-commerce, not only enshrines the protection of privacy and personal data as fundamental rights, but also creates a broad exception for a Member’s restrictions on cross-border transfers of personal data. This essay argues that maintaining such a strong position in trade negotiations is essential for the EU to preserve the internal compatibility of its legal system when it comes to the right to protection of personal data under the EU Charter of Fundamental Rights and the recently adopted General Data Protection Regulation (GDPR).

Links

DOI: https://doi.org/https://doi.org/10.1017/aju.2019.81

EU law, external trade, frontpage, GDPR, international trade law, WTO

RIS

TY  - JOUR
AU  - Yakovleva, S.
AU  - Irion, K.
PY  - 0109
DA  - 2020-01-09
T1  - Toward Compatibility of the EU Trade Policy with the General Data Protection Regulation
JO  - AJIL Unbound
VL  - 114
SP  - 10-14
UR  - https://www.cambridge.org/core/journals/american-journal-of-international-law/article/toward-compatibility-of-the-eu-trade-policy-with-the-general-data-protection-regulation/04D5070244733CAEFDAA14C533BAFF7E/share/b44381ff85510e8580104599385baab8c1e3179e
DO  - https://doi.org/https://doi.org/10.1017/aju.2019.81
AB  - The European Union’s (EU) negotiating position on cross-border data flows, which the EU has recently included in its proposal for the World Trade Organization (WTO) talks on e-commerce, not only enshrines the protection of privacy and personal data as fundamental rights, but also creates a broad exception for a Member’s restrictions on cross-border transfers of personal data. This essay argues that maintaining such a strong position in trade negotiations is essential for the EU to preserve the internal compatibility of its legal system when it comes to the right to protection of personal data under the EU Charter of Fundamental Rights and the recently adopted General Data Protection Regulation (GDPR).
K1  - EU law
K1  - external trade
K1  - frontpage
K1  - GDPR
K1  - international trade law
K1  - WTO
ER  -

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Article{https://doi.org/10.1017/aju.2019.81,
	title = {Toward Compatibility of the EU Trade Policy with the General Data Protection Regulation},
	author = {Yakovleva, S. and Irion, K.},
	doi = {https://doi.org/https://doi.org/10.1017/aju.2019.81},
	year = {0109},
	date = {2020-01-09},
	journal = {AJIL Unbound},
	volume = {114},
	pages = {10-14},
	abstract = {The European Union’s (EU) negotiating position on cross-border data flows, which the EU has recently included in its proposal for the World Trade Organization (WTO) talks on e-commerce, not only enshrines the protection of privacy and personal data as fundamental rights, but also creates a broad exception for a Member’s restrictions on cross-border transfers of personal data. This essay argues that maintaining such a strong position in trade negotiations is essential for the EU to preserve the internal compatibility of its legal system when it comes to the right to protection of personal data under the EU Charter of Fundamental Rights and the recently adopted General Data Protection Regulation (GDPR).},
	keywords = {EU law, external trade, frontpage, GDPR, international trade law, WTO},
}

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