reCreating Europe: Rethinking digital copyright law for a culturally diverse, accessible, creative Europe

Researchers:

Duration: 2020-2022
Website: www.recreating.eu

Abstract:
Technologies enable unprecedented democratization of cultural practices and the production and use of IP. The creation of an effective system of sustainable norms for digital copyright is a major challenge due to four phenomena: copyright complexity, sidestepping, knowledge gap, and awareness gap. With its multi-disciplinary approach, bringing together researchers, practitioners and stakeholders, reCreating Europe will deliver ground-breaking contributions towards a clear understanding of what makes a regulatory framework that promotes culturally diverse production, and optimizes inclusive access and consumption.

First, reCreating Europe yields unprecedented cross-national maps of (i) multi-level regulatory responses that impact access to culture, cultural production, competitiveness of creative industries, and (ii) coping strategies of stakeholders vis-à-vis IPRs pitfalls and constraints. Second, it develops innovative qualitative and quantitative methods to measure the impact of digitization on the production and consumption of cultural goods and services. Changing intermediaries, specific creative communities, micro/SMEs and vulnerable users get special attention. Third, reCreating Europe performs a legal and technological mapping and evaluation of TPMs and content-filtering algorithms, and their impact on cultural diversity, access to culture and the generation of cultural value. Last, it offers policy recommendations and best practices, aimed at democratizing culture while reinforcing the sustainable development of rich and diverse cultural/ creative industries.

reCreating Europe’s unique comprehensive focus on five key groups of stakeholders -individual authors and performers, creative industries, cultural and heritage institutions, intermediaries, end-users- allows it to assess needs along intertwined research patterns, while its multi-disciplinary innovative approach joins different methodologies within the framework of participatory research strategies.

IViR will be engaged – partly in collaboration with other partners in the consortium – in five subprojects:

  • A study based on an EU-wide survey of the views and experiences of makers and performers with regard to digitisation, copyright and the Digital Single Market;
  • A study into the growing role of artificial intelligence as a producer of cultural work and the challenges that it poses for human authorship;
  • An investigation into the role of territoriality in copyright;
  • A study aimed at developing ‘best practices’ for legitimate use of material in specific cultural sectors;
  • A study looking at the role of automatic removal of content by platforms and the effect of this on access to cultural products.

Participants:

  • Scuola Superiore di Studi Universitari e di Perfezionamento Sant’Anna (Coordinator), Italy
  • Universiteit van Amsterdam, The Netherlands
  • University of Glasgow, United Kingdom
  • Alexander von Humboldt-Institut für Internet und Gesellschaft Gmbh, Germany
  • Stichting Liber, The Netherlands
  • National University of Ireland Maynooth, Ireland
  • Tartu Ulikool, Estonia
  • Università degli Studi di Trento, Italy
  • Kobenhavns Universitet, Denmark
  • Szegedi Tudomanyegyetem, Hungary

Press release:
Horizon 2020 grant for UvA research into the development of copyright in digital society, 19 November 2019

Throughout the project, outputs and related events will be posted on this page.

Related IViR Staff

Daniel Gervais
João Quintais J.P.Quintais@uva.nl
Joost Poort j.p.poort@uva.nl
Mireille van Eechoud m.m.m.vaneechoud@uva.nl

Related Publications

Territoriality Roundtables (combined report) download

van Eechoud, M.
2022

Abstract

This report summarizes the outcome of two roundtables held with expert legal scholars on the need for a unified European copyright. Issues discussed include various models for a unitary copyright title and fundamental rights aspects. The Roundtables are part of a strand of the Recreating Europe project that queries how the territorial nature of copyright and related rights can hinder the realisation of the digital single market. While for e.g., trademarks and designs the EU has legislated community wide rights that extend across borders of individual Member States, copyright and related rights remain national at heart. Authors, performers, phonogram producers, database producers and other related rights owners all acquire bundles of national rights in their respective (intellectual) productions. Despite far-reaching harmonization of the subject-matter, scope and duration of national rights, these rights remain restricted in their existence and exploitation to the geographic boundaries of the individual Member States under whose laws they arise, i.e., they are territorial.

Copyright, Digital Single Market, EU law, Intellectual property, unitary title

Bibtex

Report{nokey, title = {Territoriality Roundtables (combined report)}, author = {van Eechoud, M.}, url = {https://www.ivir.nl/publications/territoriality-roundtables-combined-report/territoriality-roundtables-reportfinal870626_d4_4/}, doi = {https://doi.org/10.5281/zenodo.7564660}, year = {2022}, date = {2022-12-14}, abstract = {This report summarizes the outcome of two roundtables held with expert legal scholars on the need for a unified European copyright. Issues discussed include various models for a unitary copyright title and fundamental rights aspects. The Roundtables are part of a strand of the Recreating Europe project that queries how the territorial nature of copyright and related rights can hinder the realisation of the digital single market. While for e.g., trademarks and designs the EU has legislated community wide rights that extend across borders of individual Member States, copyright and related rights remain national at heart. Authors, performers, phonogram producers, database producers and other related rights owners all acquire bundles of national rights in their respective (intellectual) productions. Despite far-reaching harmonization of the subject-matter, scope and duration of national rights, these rights remain restricted in their existence and exploitation to the geographic boundaries of the individual Member States under whose laws they arise, i.e., they are territorial.}, keywords = {Copyright, Digital Single Market, EU law, Intellectual property, unitary title}, }

Copyright Content Moderation in the EU: Conclusions and Recommendations download

Quintais, J., Katzenbach, C., Schwemer, S., Dergacheva, D., Riis, T., Mezei, P. & Harkai, I.
2023

Abstract

This report is a deliverable in the reCreating Europe project. The report describes and summarizes the results of our research on the mapping of the EU legal framework and intermediaries’ practices on copyright content moderation and removal. In particular, this report summarizes the results of our previous deliverables and tasks, namely: (1) our Final Report on mapping of EU legal framework and intermediaries’ practices on copyright content moderation and removal; and (2) our Final Evaluation and Measuring Report - impact of moderation practices and technologies on access and diversity. Our previous reports contain a detailed description of the legal and empirical methodology underpinning our research and findings. This report focuses on bringing together these findings in a concise format and advancing policy recommendations.

Content moderation, Copyright, Digital services act, Digital Single Market, intermediaries, Online platforms, terms and conditions

Bibtex

Report{nokey, title = {Copyright Content Moderation in the EU: Conclusions and Recommendations}, author = {Quintais, J. and Katzenbach, C. and Schwemer, S. and Dergacheva, D. and Riis, T. and Mezei, P. and Harkai, I.}, url = {https://www.ivir.nl/publications/copyright-content-moderation-in-the-eu-conclusions-and-recommendations/ssrn-id4403423/}, year = {2023}, date = {2023-03-30}, abstract = {This report is a deliverable in the reCreating Europe project. The report describes and summarizes the results of our research on the mapping of the EU legal framework and intermediaries’ practices on copyright content moderation and removal. In particular, this report summarizes the results of our previous deliverables and tasks, namely: (1) our Final Report on mapping of EU legal framework and intermediaries’ practices on copyright content moderation and removal; and (2) our Final Evaluation and Measuring Report - impact of moderation practices and technologies on access and diversity. Our previous reports contain a detailed description of the legal and empirical methodology underpinning our research and findings. This report focuses on bringing together these findings in a concise format and advancing policy recommendations.}, keywords = {Content moderation, Copyright, Digital services act, Digital Single Market, intermediaries, Online platforms, terms and conditions}, }

Impact of content moderation practices and technologies on access and diversity external link

Schwemer, S., Katzenbach, C., Dergacheva, D., Riis, T. & Quintais, J.
2023

Abstract

This Report presents the results of research carried out as part of Work Package 6 “Intermediaries: Copyright Content Moderation and Removal at Scale in the Digital Single Market: What Impact on Access to Culture?” of the project “ReCreating Europe”, particularly on Tasks 6.3 (Evaluating Legal Frameworks on the Different Levels (EU vs. national, public vs. private) and 6.4 (Measuring the impact of moderation practices and technologies on access and diversity). This work centers on a normative analysis of the existing public and private legal frameworks with regard to intermediaries and cultural diversity, and on the actual impact on intermediaries’ content moderation on diversity.

Content moderation, Copyright, Digital services act, Digital Single Market, intermediaries, Online platforms, terms and conditions

Bibtex

Report{nokey, title = {Impact of content moderation practices and technologies on access and diversity}, author = {Schwemer, S. and Katzenbach, C. and Dergacheva, D. and Riis, T. and Quintais, J.}, url = {https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4380345}, year = {2023}, date = {2023-03-23}, abstract = {This Report presents the results of research carried out as part of Work Package 6 “Intermediaries: Copyright Content Moderation and Removal at Scale in the Digital Single Market: What Impact on Access to Culture?” of the project “ReCreating Europe”, particularly on Tasks 6.3 (Evaluating Legal Frameworks on the Different Levels (EU vs. national, public vs. private) and 6.4 (Measuring the impact of moderation practices and technologies on access and diversity). This work centers on a normative analysis of the existing public and private legal frameworks with regard to intermediaries and cultural diversity, and on the actual impact on intermediaries’ content moderation on diversity.}, keywords = {Content moderation, Copyright, Digital services act, Digital Single Market, intermediaries, Online platforms, terms and conditions}, }

Final Report Perspectives Authors and Performers download

Poort, J. & Pervaiz, A.
2022

Abstract

This is the final report of work package 3 and focuses on Authors and Performers and their experience with digital and disruptive factors and how they impact them professionally and financially. The report is based on the results derived from a survey that targets artists from diverse creative fields within the European Union (EU). The first part of the report is the methodology section, where we discuss the research design. It discusses in detail the methods used in preparing the survey – from inception to execution. This is followed by an extensive data analysis section that provides descriptive results followed by analysis of the results both empirically and from interviews. The report then ends with a discussion section and conclusions.

Copyright

Bibtex

Report{nokey, title = {Final Report Perspectives Authors and Performers}, author = {Poort, J. and Pervaiz, A.}, url = {https://www.ivir.nl/publications/final-report-perspectives-authors-and-performers/870626_d3-3_final-report-perspectives-authors-and-performers/}, doi = {https://doi.org/10.5281/zenodo.6779373}, year = {2022}, date = {2022-06-29}, abstract = {This is the final report of work package 3 and focuses on Authors and Performers and their experience with digital and disruptive factors and how they impact them professionally and financially. The report is based on the results derived from a survey that targets artists from diverse creative fields within the European Union (EU). The first part of the report is the methodology section, where we discuss the research design. It discusses in detail the methods used in preparing the survey – from inception to execution. This is followed by an extensive data analysis section that provides descriptive results followed by analysis of the results both empirically and from interviews. The report then ends with a discussion section and conclusions.}, keywords = {Copyright}, }

Survey Data Perspectives Authors and Performers download

Poort, J. & Pervaiz, A.
2022

Abstract

This deliverable represents the Survey questionnaire developed by Abeer Pervaiz and Joost Poort and the ensuing data set. The survey has been translated into 22 official EU languages and is targeted at artists belonging to a wide range of creative fields (authors, performers, designers, singers, musicians, dancers and more) within the EU. The survey has been distributed through different social media platforms such as Instagram, Facebook, Twitter and LinkedIn, various social groups, websites and also via networking. This document gives an overview of the participant data that has been collected till 16 February 2022. The data provides both descriptive and visual information. Descriptive data concerning the response will be updated once the survey is closed. This document and the data set together form deliverable D3.2. Following the descriptive participant data is the survey questionnaire. Each question statement represents a labeled value that is shown in brackets. The question statements have also been denoted with a variable value.

Bibtex

article{nokey, title = {Survey Data Perspectives Authors and Performers}, author = {Poort, J. and Pervaiz, A.}, url = {https://www.ivir.nl/publications/survey-data-perspectives-authors-and-performers/870626_d3-2_a-data-set-perspectives-authors-and-performers/}, doi = {https://doi.org/10.5281/zenodo.6779373}, year = {2022}, date = {2022-06-29}, abstract = {This deliverable represents the Survey questionnaire developed by Abeer Pervaiz and Joost Poort and the ensuing data set. The survey has been translated into 22 official EU languages and is targeted at artists belonging to a wide range of creative fields (authors, performers, designers, singers, musicians, dancers and more) within the EU. The survey has been distributed through different social media platforms such as Instagram, Facebook, Twitter and LinkedIn, various social groups, websites and also via networking. This document gives an overview of the participant data that has been collected till 16 February 2022. The data provides both descriptive and visual information. Descriptive data concerning the response will be updated once the survey is closed. This document and the data set together form deliverable D3.2. Following the descriptive participant data is the survey questionnaire. Each question statement represents a labeled value that is shown in brackets. The question statements have also been denoted with a variable value.}, }

AI Music Outputs: Challenges to the Copyright Legal Framework download

Bulayenko, O., Quintais, J., Gervais, D.J. & Poort, J.
2022

Abstract

This report examines the application of EU copyright and related rights law to outputs generated by or with the assistance of artificial intelligence (AI) systems, tools or techniques (AI outputs), with a focus on outputs in the musical domain. The Report examines the question: How can and should EU copyright and related rights law protect AI musical outputs? The interdisciplinary (legal and empirical) research involves: (i) analyzing of the protection of AI outputs under EU copyright and related rights law; (ii) examining the attribution of authorship and ownership to (natural and legal) persons involved in the creation or production of AI outputs; (iii) proposing interpretative guidelines and policy recommendations on increasing legal certainty regarding the protection, authorship, and ownership of copyright and related rights over AI outputs, especially music outputs.

Artificial intelligence, computer-generated works, Copyright, EU, Intellectual property, music, originality, related rights

Bibtex

Report{nokey, title = {AI Music Outputs: Challenges to the Copyright Legal Framework}, author = {Bulayenko, O. and Quintais, J. and Gervais, D.J. and Poort, J.}, url = {https://www.ivir.nl/publications/ai-music-outputs-challenges-to-the-copyright-legal-framework/870626_d3-5-final-report-on-the-impact-of-ia-authorship_formatted-1/}, doi = {https://doi.org/10.5281/zenodo.6405796}, year = {2022}, date = {2022-04-01}, abstract = {This report examines the application of EU copyright and related rights law to outputs generated by or with the assistance of artificial intelligence (AI) systems, tools or techniques (AI outputs), with a focus on outputs in the musical domain. The Report examines the question: How can and should EU copyright and related rights law protect AI musical outputs? The interdisciplinary (legal and empirical) research involves: (i) analyzing of the protection of AI outputs under EU copyright and related rights law; (ii) examining the attribution of authorship and ownership to (natural and legal) persons involved in the creation or production of AI outputs; (iii) proposing interpretative guidelines and policy recommendations on increasing legal certainty regarding the protection, authorship, and ownership of copyright and related rights over AI outputs, especially music outputs.}, keywords = {Artificial intelligence, computer-generated works, Copyright, EU, Intellectual property, music, originality, related rights}, }