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Advocate General Turns down the Music – Sampling Is Not a Fundamental Right under EU Copyright Law external link
Abstract
In his Opinion in Pelham (C-467/17) Advocate General Szpunar suggests that the use of samples from sound recordings is not permitted under the European copyright rules. While applying an extensive interpretation of the scope of the rights of phonogram producers, he rejects an extensive interpretation of the quotation exception and limits the role of fundamental rights as external checks to copyright law. Despite its merits, there are key aspects of the Opinion that raise concerns: a too broad interpretation of the reproduction right; and an unduly strict view of copyright exceptions – especially quotation – and the role of fundamental rights in shaping the scope of copyright protection. On those points, we suggest that the Court does not follow the Opinion.
Copyright, EU law, Freedom of expression, frontpage, Fundamental rights, limitations and exceptions, music sampling
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Bibtex
Freedom of Expression: A Comparative Summary of United States and European Law external link
Abstract
Working paper of the Transatlantic High Level Working Group on Content Moderation Online and Freedom of Expression
comparison, europe, frontpage, united states, Vrijheid van meningsuiting
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Bibtex
The Proposed EU Terrorism Content Regulation: Analysis and Recommendations with Respect to Freedom of Expression Implications external link
Abstract
Working paper of the Transatlantic High Level Working Group on Content Moderation Online and Freedom of Expression
content regulation, frontpage, terrorism, transatlantic working group, Vrijheid van meningsuiting
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German Federal Court of Justice asks CJEU if YouTube is directly liable for user-uploaded content external link
Abstract
On 13 September 2018, the German Federal Court of Justice referred preliminary questions to the Court of Justice of the European Union, including the question whether YouTube performs acts of communication to the public when its users upload unauthorized content onto this platform.
communication to the public, Copyright, duitsland, frontpage, YouTube
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Preview: Elections and media in digital times external link
Abstract
The increasing digitalization of societies has led to unprecedented opportunities to seek, receive and impart political information and ideas, which are the lifeblood of elections. The internet has made it easier for politicians, political parties and the electorate to communicate with each other more directly and more quickly than at any point in history. The accuracy of information can be checked and corrected faster, more thoroughly and by a greater number of actors than ever before. But there are also growing concerns about the effects on public debate arising from misuse of digital technologies and fragmentation in the communications environment. Political micro-targeting of individual voters is driven by aggregated personal data, which is not always obtained in lawful ways. Little effort is required to generate disinformation and for it to go viral. New digitally-enabled tactics in political funding, campaigning and advertising, often lacking in transparency, reduce the transparency of information during elections. Meanwhile journalists, whose output can empower the electorate, are under increasing attack.
frontpage, Media law, verkiezingen
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An Analysis of Germany’s NetzDG Law external link
Schriftelijke inbreng Rondetafelgesprek wijziging Handelsregisterwet external link
Third Annual Detlev F. Vagts Roundtable on Transnational Law: Data Protection in a Global World external link
Links
Data protection law, free data flow, frontpage, General Data Protection Regulation, Internet, transnational law
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Bibtex
International cooperation by (European) security and intelligence services: reviewing the creation of a joint database in light of data protection guarantees external link
Links
Data protection, frontpage, Privacy, veiligheidsdiensten