IViR Summer Courses 2024:
Latest News
Interview with Mireille van Eechoud on digital sovereignty
Digital Legal Lab member Mireille van Eechoud, Professor of Information Law at the University of Amsterdam, recently participated in a LERU Talk about what digital sovereignty means for universities, and the role of tech companies. Preserving ‘digital sovereignty’ of universities and researchers is key to a successful digital transformation of the university sector. LERU Talks… Continue reading Interview with Mireille van Eechoud on digital sovereignty
Vacancy: DSA Research Fellow (Researcher)
Do you want to become a driving force behind the DSA Observatory?
We are looking for a researcher with a profile in information law to join our team.
IViR at CPDP 2024
On 22-24 May 2024 the 17th international CPDP conference was held in Brussels.
Several of our researchers attended this conference and IViR researchers also moderated a few of the panels.
Upcoming events
IViR Lecture Series: Freedom of speech on platforms: Lessons to be learned from copyright law
Amsterdam, The Netherlands2024 Annual Conference: The Future of Public Law: Resilience, Sustainability, and Artificial Intelligence
Madrid, Spainhttps://www.icon-society.org/ico…TILTing Perspectives 2024
“Looking back, moving forward” : Re-assessing technology regulation in digitalized worlds
Tilburg, The Netherlandshttps://www.tilburguniversity.ed…International Legal Ethics Pre-Conference 2024
Theme: The AI Act and its Implications for Legal Practice: A European Perspective
Amsterdam, The Netherlandshttps://www.ilec2024.com/wiki/10…Europe’s Digital Agenda: Is the AI Act the Final Act? In Search of Common Principles
International conference
Bergen, Norwayhttps://www.uib.no/fg/innovasjon…EPIP 2024 Annual Conference: “Intellectual property and the future of the data economy”
Pisa, Italyhttps://epip2024.eu/Latest publications
The CJEU’s Unintelligible Impairment of the Financial Health of EU Performers: Ever-Increasing Suspense in Neighbouring Rights
GRUR International, 2024
Abstract
With the RAAP ruling in 2020, the Court of Justice of the European Union (CJEU) delivered a judgment with a far-reaching impact, both on the autonomy of Member States within the making of reservations under international treaties, and on revenues for collecting societies and neighbouring rightsholders in the EU. The controversial part of the judgment states that entering reservations on the granting of equitable remuneration for neighbouring rights on the basis of international treaties should only take place at EU level. This effectively leaves no autonomy to Member States within the principle of reciprocity, contrary to former popular belief by many Member States and scholars.
The US has entered reservations with regard to EU countries under Art. 15(3) WIPO Performances and Phonograms Treaty (WPPT), thus no remuneration is disbursed for performances by EU artists in the US. Due to the US repertoire’s large presence in the EU, the latter’s performers will be left with a considerably smaller share of the revenues to be distributed by EU collecting societies.
The European Commission must urgently finish the ongoing research and consultation on RAAP. Right now, too many requests by interest groups remain unanswered. The recommended (and hoped for) route is for the EU to invoke the principle of reciprocity and enter reservations for other WPPT parties that have entered such reservations with regard to EU countries. An extensive arrangement regarding reservations is necessary, also regarding situations where the relationship between fundamental rights and reciprocity provisions is currently unknown.
Links
Bibtex
Article{nokey,
title = {The CJEU’s Unintelligible Impairment of the Financial Health of EU Performers: Ever-Increasing Suspense in Neighbouring Rights},
author = {Valk, E.G.},
doi = {https://doi.org/10.1093/grurint/ikae077},
year = {2024},
date = {2024-06-18},
journal = {GRUR International},
abstract = {With the RAAP ruling in 2020, the Court of Justice of the European Union (CJEU) delivered a judgment with a far-reaching impact, both on the autonomy of Member States within the making of reservations under international treaties, and on revenues for collecting societies and neighbouring rightsholders in the EU. The controversial part of the judgment states that entering reservations on the granting of equitable remuneration for neighbouring rights on the basis of international treaties should only take place at EU level. This effectively leaves no autonomy to Member States within the principle of reciprocity, contrary to former popular belief by many Member States and scholars.
The US has entered reservations with regard to EU countries under Art. 15(3) WIPO Performances and Phonograms Treaty (WPPT), thus no remuneration is disbursed for performances by EU artists in the US. Due to the US repertoire’s large presence in the EU, the latter’s performers will be left with a considerably smaller share of the revenues to be distributed by EU collecting societies.
The European Commission must urgently finish the ongoing research and consultation on RAAP. Right now, too many requests by interest groups remain unanswered. The recommended (and hoped for) route is for the EU to invoke the principle of reciprocity and enter reservations for other WPPT parties that have entered such reservations with regard to EU countries. An extensive arrangement regarding reservations is necessary, also regarding situations where the relationship between fundamental rights and reciprocity provisions is currently unknown.},
}
Opinie: De AI Wet: Zwak, Zwakker, Zwakst download
Mediaforum, iss. : 3, pp: 73-74, 2024
Links
AI Act
Bibtex
Article{nokey,
title = {Opinie: De AI Wet: Zwak, Zwakker, Zwakst},
author = {Metikoš, L.},
url = {https://www.ivir.nl/publications/opinie-de-ai-wet-zwak-zwakker-zwakst/opinie_mediaforum_2024_3/},
year = {2024},
date = {2024-06-20},
journal = {Mediaforum},
issue = {3},
keywords = {AI Act},
}
Mapping the Impact of Share Alike/Copyleft Licensing on Machine Learning and Generative AI download
2024
Abstract
The rise of generative artificial intelligence systems has raised a number of copyright issues. Some of the most hotly contested questions revolve around the use of copyrighted works to train AI models. One particular problem that has received relatively little attention is how AI training intersects with openly licensed works. To better understand the dynamics at play, Open Future commissioned the Institute for Information Law at the University of Amsterdam (IVIR) to conduct a study on the impact of Share Alike/CopyLeft (SA/CL) licensing on machine learning and generative AI.
Links
Bibtex
Report{nokey,
title = {Mapping the Impact of Share Alike/Copyleft Licensing on Machine Learning and Generative AI},
author = {Szkalej, K. and Senftleben, M.},
url = {https://www.ivir.nl/publicaties/mapping-the-impact-of-share-alike-copyleft-licensing-on-machine-learning-and-generative-ai/share-alike-and-ml/},
year = {2024},
date = {2024-06-12},
abstract = {The rise of generative artificial intelligence systems has raised a number of copyright issues. Some of the most hotly contested questions revolve around the use of copyrighted works to train AI models. One particular problem that has received relatively little attention is how AI training intersects with openly licensed works. To better understand the dynamics at play, Open Future commissioned the Institute for Information Law at the University of Amsterdam (IVIR) to conduct a study on the impact of Share Alike/CopyLeft (SA/CL) licensing on machine learning and generative AI.},
}
From the DMCA to the DSA: A Transatlantic Dialogue on Online Platform Regulation and Copyright external link
Verfassungsbooks, 2024, Berlin, ISBN: 9783759825957
Links
Bibtex
Book{nokey,
title = {From the DMCA to the DSA: A Transatlantic Dialogue on Online Platform Regulation and Copyright},
author = {Quintais, J.},
url = {https://intr2dok.vifa-recht.de/receive/mir_mods_00017202},
doi = {https://doi.org/10.17176/20240429-081042-0 },
year = {2024},
date = {2024-06-10},
}
Article 17 – five years later external link
Kluwer Copyright Blog, 2024
Copyright
Bibtex
Online publication{nokey,
title = {Article 17 – five years later},
author = {Keller, P.},
url = {https://copyrightblog.kluweriplaw.com/2024/06/07/article-17-five-years-later/},
year = {2024},
date = {2024-06-07},
journal = {Kluwer Copyright Blog},
keywords = {Copyright},
}