Publications - Page 80 of 271

The Decline of Online Piracy: How Markets – Not Enforcement – Drive Down Copyright Infringement external link

American University International Law Review, vol. 34, num: 4, pp: 807-876, 2019

Abstract

This article deals with the acquisition and consumption of music, films, series, books, and games through the various legal and illegal channels that exist nowadays, in a set of thirteen countries across the globe. The article has four aims. First, it provides an overview of the rules on liability for and enforcement of online copyright infringement in the countries studied. Second, it gives factual information about the state of authorized and unauthorized acquisition and consumption of these types of content. The third aim is to evaluate the underlying mechanisms and the link with enforcement measures and legal supply. Lastly, the article assesses the effect of online piracy on consumption from legal sources. To further these aims, the article combines different sources and empirical methods, including consumer surveys among nearly 35.000 respondents and comparative legal research. Our main conclusion is that online piracy is declining. The key driver for this decline is the increasing availability of affordable legal content, rather than enforcement measures. Where the legal supply of copyright-protected content is affordable, convenient and diverse, consumers are willing to pay for it and abandon piracy. Policymakers should therefore shift their focus from repressive approaches to tackle online infringement towards policies and measures that foster lawful remunerated access to copyright-protected content.

Links

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3437239

consumer survey, Copyright, enforcement, frontpage, intermediary liability, piracy

RIS

TY  - JOUR
AU  - Quintais, J.
AU  - Poort, J.
PY  - 0820
DA  - 2019-08-20
T1  - The Decline of Online Piracy: How Markets – Not Enforcement – Drive Down Copyright Infringement
JO  - American University International Law Review
VL  - 34
NV  - 4
SP  - 807-876
AB  - This article deals with the acquisition and consumption of music, films, series, books, and games through the various legal and illegal channels that exist nowadays, in a set of thirteen countries across the globe. The article has four aims. First, it provides an overview of the rules on liability for and enforcement of online copyright infringement in the countries studied. Second, it gives factual information about the state of authorized and unauthorized acquisition and consumption of these types of content. The third aim is to evaluate the underlying mechanisms and the link with enforcement measures and legal supply. Lastly, the article assesses the effect of online piracy on consumption from legal sources. To further these aims, the article combines different sources and empirical methods, including consumer surveys among nearly 35.000 respondents and comparative legal research. Our main conclusion is that online piracy is declining. The key driver for this decline is the increasing availability of affordable legal content, rather than enforcement measures. Where the legal supply of copyright-protected content is affordable, convenient and diverse, consumers are willing to pay for it and abandon piracy. Policymakers should therefore shift their focus from repressive approaches to tackle online infringement towards policies and measures that foster lawful remunerated access to copyright-protected content.
K1  - consumer survey
K1  - Copyright
K1  - enforcement
K1  - frontpage
K1  - intermediary liability
K1  - piracy
ER  -

Save .RIS

Bibtex

Article{Quintais2019f,
	title = {The Decline of Online Piracy: How Markets – Not Enforcement – Drive Down Copyright Infringement},
	author = {Quintais, J. and Poort, J.},
	url = {https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3437239},
	year = {0820},
	date = {2019-08-20},
	journal = {American University International Law Review},
	volume = {34},
	number = {4},
	pages = {807-876},
	abstract = {This article deals with the acquisition and consumption of music, films, series, books, and games through the various legal and illegal channels that exist nowadays, in a set of thirteen countries across the globe. The article has four aims. First, it provides an overview of the rules on liability for and enforcement of online copyright infringement in the countries studied. Second, it gives factual information about the state of authorized and unauthorized acquisition and consumption of these types of content. The third aim is to evaluate the underlying mechanisms and the link with enforcement measures and legal supply. Lastly, the article assesses the effect of online piracy on consumption from legal sources. To further these aims, the article combines different sources and empirical methods, including consumer surveys among nearly 35.000 respondents and comparative legal research. Our main conclusion is that online piracy is declining. The key driver for this decline is the increasing availability of affordable legal content, rather than enforcement measures. Where the legal supply of copyright-protected content is affordable, convenient and diverse, consumers are willing to pay for it and abandon piracy. Policymakers should therefore shift their focus from repressive approaches to tackle online infringement towards policies and measures that foster lawful remunerated access to copyright-protected content.},
	keywords = {consumer survey, Copyright, enforcement, frontpage, intermediary liability, piracy},
}

Save .bib

Infographic: ‘The Council of Europe and the safety of journalists’ external link

McGonagle, T.

2019

Abstract

The infographic, ‘The Council of Europe and the safety of journalists’, visualizes and condenses the detailed information in Committee of Ministers’ Recommendation CM/Rec(2016)4 Committee of Ministers’ Recommendation CM/Rec(2016)4 to member States on the protection of journalism and the safety of journalists and other media actors. The infographic also signposts, and hyperlinks to, the Platform to promote the protection of journalism and safety of journalists and other valuable Council of Europe resources, including the European Court of Human Rights’ three judgments to date which cite the Recommendation.

Links

https://www.ivir.nl/publicaties/download/CM-Rec20164-Infographic.pdf

Council of Europe, Journalistiek, Mediarecht

RIS

Save .RIS

Bibtex

Save .bib

Hosting intermediary services and illegal content online: An analysis of the scope of article 14 ECD in light of developments in the online service landscape external link

van Hoboken, J., Quintais, J., Poort, J. & van Eijk, N.

vol. 2018, 2019

Abstract

This short study looks at the scope of the hosting safe harbour, in view of policies with respect to illegal content online and questions about the scope of Article 14 of the Electronic Commerce Directive (2000/31/EC) from a legal and practical perspective. Specifically, the study addresses the question of what are the kinds of services that could invoke Article 14 ECD and develops an updated typology of hosting intermediaries for policy experts. It outlines the different potential revenue streams of different hosting intermediaries and discusses how these revenue streams may influence the incentives of services to address unlawful or infringing third-party activity. Finally, the study discusses the most important legal issues with respect to the scope of Article 14 ECD, focusing on the case law of the Court of Justice of the EU and other legal developments.

Links

Electronic commerce, frontpage, Informatierecht, intermediary services, Internet

RIS

TY  - RPRT
AU  - van Hoboken, J.
AU  - Quintais, J.
AU  - Poort, J.
AU  - van Eijk, N.
PY  - 0806
DA  - 2019-08-06
T1  - Hosting intermediary services and illegal content online: An analysis of the scope of article 14 ECD in light of developments in the online service landscape
VL  - 2018
DO  - https://doi.org/10.2759/284542
AB  - This short study looks at the scope of the hosting safe harbour, in view of policies with respect to illegal content online and questions about the scope of Article 14 of the Electronic Commerce Directive (2000/31/EC) from a legal and practical perspective. Specifically, the study addresses the question of what are the kinds of services that could invoke Article 14 ECD and develops an updated typology of hosting intermediaries for policy experts. It outlines the different potential revenue streams of different hosting intermediaries and discusses how these revenue streams may influence the incentives of services to address unlawful or infringing third-party activity. Finally, the study discusses the most important legal issues with respect to the scope of Article 14 ECD, focusing on the case law of the Court of Justice of the EU and other legal developments.
K1  - Electronic commerce
K1  - frontpage
K1  - Informatierecht
K1  - intermediary services
K1  - Internet
ER  -

Save .RIS

Bibtex

Report{vanHoboken2019b,
	title = {Hosting intermediary services and illegal content online: An analysis of the scope of article 14 ECD in light of developments in the online service landscape},
	author = {van Hoboken, J. and Quintais, J. and Poort, J. and van Eijk, N.},
	url = {https://www.ivir.nl/publicaties/download/hosting_intermediary_services.pdf},
	doi = {https://doi.org/10.2759/284542},
	year = {0806},
	date = {2019-08-06},
	volume = {2018},
	abstract = {This short study looks at the scope of the hosting safe harbour, in view of policies with respect to illegal content online and questions about the scope of Article 14 of the Electronic Commerce Directive (2000/31/EC) from a legal and practical perspective. Specifically, the study addresses the question of what are the kinds of services that could invoke Article 14 ECD and develops an updated typology of hosting intermediaries for policy experts. It outlines the different potential revenue streams of different hosting intermediaries and discusses how these revenue streams may influence the incentives of services to address unlawful or infringing third-party activity. Finally, the study discusses the most important legal issues with respect to the scope of Article 14 ECD, focusing on the case law of the Court of Justice of the EU and other legal developments.},
	keywords = {Electronic commerce, frontpage, Informatierecht, intermediary services, Internet},
}

Save .bib

Het prinsesje op de erwt en de tovenaarsleerling external link

Kabel, J.

Privacy & Informatie, vol. 22, num: 3, pp: 89-90, 2019

Links

https://www.ivir.nl/publicaties/download/PI_2019_3.pdf

cookies, frontpage, Personal data, Privacy, reclame, websites

RIS

Save .RIS

Bibtex

Save .bib

Annotatie bij Hoge Raad 29 maart 2019 (Dijkstra / De 4 Jaargetijden): Is artikel 25 Aw nu eindelijk helemaal af? external link

Kabel, J.

AMI, vol. 2019, num: 3, pp: 96-99, 2019

Links

https://www.ivir.nl/publicaties/download/Annotatie_AMI_2019_3.pdf

Annotaties, Art. 25 Aw, Auteursrecht, frontpage, reputatieschade

RIS

Save .RIS

Bibtex

Save .bib

The New Copyright in the Digital Single Market Directive: A Critical Look external link

Quintais, J.

European Intellectual Property Review, vol. 42, num: 1, pp: 28-41, 2020

Abstract

This article provides an overview and critical examination of the new Directive on copyright and related rights in the Digital Single Market. Despite some positive aspects, the Directive includes multiple problematic provisions, including the controversial new right for press publishers and the new liability regime for content-sharing platforms. On balance, the Directive denotes a normative preference for private ordering over public choice in EU copyright law, and lacks adequate safeguards for users. It is also a complex text with multiple ambiguities, which will likely fail promote the desired harmonization and legal certainty in this area.

Links

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3424770

Collective licensing, Copyright, digital content, Digital Single Market, EU law, exceptions and limitations, frontpage, Licensing, Online services, Text and Data Mining (TDM)

RIS

TY  - JOUR
AU  - Quintais, J.
PY  - 0107
DA  - 2020-01-07
T1  - The New Copyright in the Digital Single Market Directive: A Critical Look
JO  - European Intellectual Property Review
VL  - 42
NV  - 1
SP  - 28-41
AB  - This article provides an overview and critical examination of the new Directive on copyright and related rights in the Digital Single Market. Despite some positive aspects, the Directive includes multiple problematic provisions, including the controversial new right for press publishers and the new liability regime for content-sharing platforms. On balance, the Directive denotes a normative preference for private ordering over public choice in EU copyright law, and lacks adequate safeguards for users. It is also a complex text with multiple ambiguities, which will likely fail promote the desired harmonization and legal certainty in this area.
K1  - Collective licensing
K1  - Copyright
K1  - digital content
K1  - Digital Single Market
K1  - EU law
K1  - exceptions and limitations
K1  - frontpage
K1  - Licensing
K1  - Online services
K1  - Text and Data Mining (TDM)
ER  -

Save .RIS

Bibtex

Article{Quintais2019e,
	title = {The New Copyright in the Digital Single Market Directive: A Critical Look},
	author = {Quintais, J.},
	url = {https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3424770},
	year = {0107},
	date = {2020-01-07},
	journal = {European Intellectual Property Review},
	volume = {42},
	number = {1},
	pages = {28-41},
	abstract = {This article provides an overview and critical examination of the new Directive on copyright and related rights in the Digital Single Market. Despite some positive aspects, the Directive includes multiple problematic provisions, including the controversial new right for press publishers and the new liability regime for content-sharing platforms. On balance, the Directive denotes a normative preference for private ordering over public choice in EU copyright law, and lacks adequate safeguards for users. It is also a complex text with multiple ambiguities, which will likely fail promote the desired harmonization and legal certainty in this area.},
	keywords = {Collective licensing, Copyright, digital content, Digital Single Market, EU law, exceptions and limitations, frontpage, Licensing, Online services, Text and Data Mining (TDM)},
}

Save .bib

The New Copyright Directive: Text and Data Mining (Articles 3 and 4) external link

Hugenholtz, P.B.

Kluwer Copyright Blog, 2019

Links

http://copyrightblog.kluweriplaw.com/2019/07/24/the-new-copyright-directive-text-and-data-mining-articles-3-and-4/

Auteursrecht, frontpage, tdm

RIS

Save .RIS

Bibtex

Save .bib

Towards a European ‘fair use’ grounded in freedom of expression external link

Geiger, C. & Izyumenko, E.

American University International Law Review, vol. 35, iss. : 1, 2019

Links

https://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1940&context=auilr

RIS

Save .RIS

Bibtex

Save .bib

Prijsdiscriminatie, privacy en publieke opinie external link

Poort, J. & Zuiderveen Borgesius, F.

Ars Aequi, vol. 2019, pp: 580-590, 2019

Abstract

Webwinkels zijn technisch in staat om elke consument een andere prijs aan te bieden: online prijsdiscriminatie. Dit artikel bespreekt twee enquêtes over dergelijke praktijken die zijn gehouden onder de Nederlandse bevolking en onderzoekt de implicaties van de Algemene Verordening Gegevensbescherming (AVG) voor online prijsdiscriminatie.

Links

https://arsaequi.nl/product/prijsdiscriminatie-privacy-en-publieke-opinie/

AVG, frontpage, online prijsdiscriminatie, Privacy

RIS

Save .RIS

Bibtex

Save .bib

How Social are New and Social Media for National Minorities? Perspectives from the FCNM external link

Kostić, B. & McGonagle, T.

European Yearbook of Minority Issues, vol. 16, num: 1, pp: 3-33, 2019

Abstract

Understanding the transformation of digital communication gives important insights into how new media, including social media, affect the ability of persons belonging to national minorities to exercise their rights to freedom of expression and participation in society. Thus, the new media ecosystem calls for greater attention for minority-related issues. The Advisory Committee on the Framework Convention for the Protection of National Minorities (ACFC) has already observed that the media ecosystem is increasingly used for the expression of intolerance and hostility towards minorities, but that it also provides them with valuable expressive opportunities. This article starts with an analysis of how the advent and growing dominance of social media are causing farreaching changes in how we communicate in the new media ecosystem. The potential and drawbacks of new and social media for national minorities is the next focus. The article then analyses the ACFC’s monitoring work regarding new and social media. The article’s conclusions are supplemented by a set of recommendations that may guide the ACFC’s future monitoring work on relevant issues.

Links

frontpage, minderheden, Social media, technologie, Vrijheid van meningsuiting

RIS

TY  - JOUR
AU  - Kostić, B.
AU  - McGonagle, T.
PY  - 0704
DA  - 2019-07-04
T1  - How Social are New and Social Media for National Minorities? Perspectives from the FCNM
JO  - European Yearbook of Minority Issues
VL  - 16
NV  - 1
SP  - 3-33
DO  - https://doi.org/10.1163/22116117_01601002
AB  - Understanding the transformation of digital communication gives important insights into how new media, including social media, affect the ability of persons belonging to national minorities to exercise their rights to freedom of expression and participation in society. Thus, the new media ecosystem calls for greater attention for minority-related issues. The Advisory Committee on the Framework Convention for the Protection of National Minorities (ACFC) has already observed that the media ecosystem is increasingly used for the expression of intolerance and hostility towards minorities, but that it also provides them with valuable expressive opportunities. This article starts with an analysis of how the advent and growing dominance of social media are causing farreaching changes in how we communicate in the new media ecosystem. The potential and drawbacks of new and social media for national minorities is the next focus. The article then analyses the ACFC’s monitoring work regarding new and social media. The article’s conclusions are supplemented by a set of recommendations that may guide the ACFC’s future monitoring work on relevant issues.
K1  - frontpage
K1  - minderheden
K1  - Social media
K1  - technologie
K1  - Vrijheid van meningsuiting
ER  -

Save .RIS

Bibtex

Article{Kostić2019,
	title = {How Social are New and Social Media for National Minorities? Perspectives from the FCNM},
	author = {Kostić, B. and McGonagle, T.},
	url = {https://brill.com/abstract/journals/ymio/16/1/article-p1_2.xml},
	doi = {https://doi.org/10.1163/22116117_01601002},
	year = {0704},
	date = {2019-07-04},
	journal = {European Yearbook of Minority Issues},
	volume = {16},
	number = {1},
	pages = {3-33},
	abstract = {Understanding the transformation of digital communication gives important insights into how new media, including social media, affect the ability of persons belonging to national minorities to exercise their rights to freedom of expression and participation in society. Thus, the new media ecosystem calls for greater attention for minority-related issues. The Advisory Committee on the Framework Convention for the Protection of National Minorities (ACFC) has already observed that the media ecosystem is increasingly used for the expression of intolerance and hostility towards minorities, but that it also provides them with valuable expressive opportunities. This article starts with an analysis of how the advent and growing dominance of social media are causing farreaching changes in how we communicate in the new media ecosystem. The potential and drawbacks of new and social media for national minorities is the next focus. The article then analyses the ACFC’s monitoring work regarding new and social media. The article’s conclusions are supplemented by a set of recommendations that may guide the ACFC’s future monitoring work on relevant issues.},
	keywords = {frontpage, minderheden, Social media, technologie, Vrijheid van meningsuiting},
}

Save .bib

Top Keywords

Abstract

Links

RIS

Bibtex

Abstract

Links

RIS

Bibtex

Abstract

Links

RIS

Bibtex

Links

RIS

Bibtex

Links

RIS

Bibtex

Abstract

Links

RIS

Bibtex

Links

RIS

Bibtex

Links

RIS

Bibtex

Abstract

Links

RIS

Bibtex

Abstract

Links

RIS

Bibtex