Thou shalt not sample…without permission! external link

Quintais, J. & Jütte, B.J.
Kluwer Copyright Blog, vol. 2019, 2019

Copyright, frontpage, sampling

Bibtex

Article{Quintais2019, title = {Thou shalt not sample…without permission!}, author = {Quintais, J. and Jütte, B.J.}, url = {http://copyrightblog.kluweriplaw.com/2019/01/02/thou-shalt-not-sample-without-permission/}, year = {0110}, date = {2019-01-10}, journal = {Kluwer Copyright Blog}, volume = {2019}, pages = {}, keywords = {Copyright, frontpage, sampling}, }

Protecting traditional cultural expressions – copyright tensions and human rights opportunities? external link

Critical Indigenous Rights Studies, Routledge, 0928, pp: 108-133, ISBN: 9781138729339

Abstract

The protection of traditional cultural expressions (TCEs) is not a straightforward issue. At first sight, characteristics of TCEs and their protection suggest similarity to copyright works. However, TCE protection should not be viewed as simply an (isolated) intellectual property issue. Rather, the protection of TCEs is part of a broader (political) context and struggle for rights. The chapter focuses on showing the complexity of the interrelation between copyright and indigenous peoples’ rights. It argues that a cultural and indigenous rights perspective could help address tensions deriving from differing worldviews, the application of dominant, existing legal frameworks and diverging understandings of protecting creativity and works of culture.

Copyright, crossing legal boundaries, cultural rights, frontpage, indigenous rights, Intellectual property, protection issues, TCEs, traditional cultural expressions, UN Declaration on the Rights of Indigenous Peoples, WIPO

Bibtex

Chapter{Breemen2018f, title = {Protecting traditional cultural expressions – copyright tensions and human rights opportunities?}, author = {Breemen, J.}, url = {https://www.routledge.com/Critical-Indigenous-Rights-Studies/Corradi-de-Feyter-Desmet-Vanhees/p/book/9781138729339}, year = {0928}, date = {2018-09-28}, abstract = {The protection of traditional cultural expressions (TCEs) is not a straightforward issue. At first sight, characteristics of TCEs and their protection suggest similarity to copyright works. However, TCE protection should not be viewed as simply an (isolated) intellectual property issue. Rather, the protection of TCEs is part of a broader (political) context and struggle for rights. The chapter focuses on showing the complexity of the interrelation between copyright and indigenous peoples’ rights. It argues that a cultural and indigenous rights perspective could help address tensions deriving from differing worldviews, the application of dominant, existing legal frameworks and diverging understandings of protecting creativity and works of culture.}, keywords = {Copyright, crossing legal boundaries, cultural rights, frontpage, indigenous rights, Intellectual property, protection issues, TCEs, traditional cultural expressions, UN Declaration on the Rights of Indigenous Peoples, WIPO}, }

Before the Singularity: Copyright and the Challenges of Artificial Intelligence external link

González Otero, B., & Quintais, J.
Kluwer Copyright Blog, vol. 2018, 2018

ai, Copyright, frontpage

Bibtex

Article{Otero2018, title = {Before the Singularity: Copyright and the Challenges of Artificial Intelligence}, author = {González Otero, B., and Quintais, J.}, url = {http://copyrightblog.kluweriplaw.com/2018/09/25/singularity-copyright-challenges-artificial-intelligence/}, year = {0927}, date = {2018-09-27}, journal = {Kluwer Copyright Blog}, volume = {2018}, pages = {}, keywords = {ai, Copyright, frontpage}, }

Blockchain and smart contracts: the missing link in copyright licensing? external link

International Journal of Law and Information Technology, vol. 2018, num: 4, pp: 311-336, 2018

Abstract

This article offers a normative analysis of key blockchain technology concepts from the perspective of copyright law. Some features of blockchain technologies—scarcity, trust, transparency, decentralized public records and smart contracts—seem to make this technology compatible with the fundamentals of copyright. Authors can publish works on blockchain creating a quasi-immutable record of initial ownership, and encode ‘smart’ contracts to license the use of works. Remuneration may happen on online distribution platforms where the smart contracts reside. In theory, such an automated setup allows for the private ordering of copyright. Blockchain technology, like Digital Rights Management 20 years ago, is thus presented as an opportunity to reduce market friction, and increase both licensing efficiency and the autonomy of creators. Yet, some of the old problems remain. The article examines the differences between new, smart-contract-based private ordering regime and the fundamental components of copyright law, such as exceptions and limitations, the doctrine of exhaustion, restrictions on formalities, the public domain and fair remuneration.

blockchain, Copyright, frontpage, Licensing, smart contracts

Bibtex

Article{Bodó2018d, title = {Blockchain and smart contracts: the missing link in copyright licensing?}, author = {Bodó, B. and Gervais, D.J. and Quintais, J.}, url = {https://www.ivir.nl/publicaties/download/IJLIT_2018.pdf https://academic.oup.com/ijlit/advance-article/doi/10.1093/ijlit/eay014/5106727}, doi = {https://doi.org/10.1093/ijlit/eay014}, year = {0927}, date = {2018-09-27}, journal = {International Journal of Law and Information Technology}, volume = {2018}, number = {4}, pages = {311-336}, abstract = {This article offers a normative analysis of key blockchain technology concepts from the perspective of copyright law. Some features of blockchain technologies—scarcity, trust, transparency, decentralized public records and smart contracts—seem to make this technology compatible with the fundamentals of copyright. Authors can publish works on blockchain creating a quasi-immutable record of initial ownership, and encode ‘smart’ contracts to license the use of works. Remuneration may happen on online distribution platforms where the smart contracts reside. In theory, such an automated setup allows for the private ordering of copyright. Blockchain technology, like Digital Rights Management 20 years ago, is thus presented as an opportunity to reduce market friction, and increase both licensing efficiency and the autonomy of creators. Yet, some of the old problems remain. The article examines the differences between new, smart-contract-based private ordering regime and the fundamental components of copyright law, such as exceptions and limitations, the doctrine of exhaustion, restrictions on formalities, the public domain and fair remuneration.}, keywords = {blockchain, Copyright, frontpage, Licensing, smart contracts}, }

Fixing Copyright Reform: How to Address Online Infringement and Bridge the Value Gap external link

Kluwer Copyright Blog, 2018

Auteursrecht, Copyright, enforcement, European Union, frontpage, infringement

Bibtex

Article{Angelopoulos2018, title = {Fixing Copyright Reform: How to Address Online Infringement and Bridge the Value Gap}, author = {Angelopoulos, C. and Quintais, J.}, url = {http://copyrightblog.kluweriplaw.com/2018/08/30/fixing-copyright-reform-address-online-infringement-bridge-value-gap/}, year = {0904}, date = {2018-09-04}, journal = {Kluwer Copyright Blog}, keywords = {Auteursrecht, Copyright, enforcement, European Union, frontpage, infringement}, }

Global Online Piracy Study external link

Kluwer Copyright Blog, vol. 2018, 2018

Abstract

The percentage of Internet users in Europe that occasionally download or stream music, films, series, books or games illegally has decreased between 2014 and 2017. The decrease is greatest for music, films and series. Meanwhile, expenditure on legal content has increased since 2014. This follows from the Global Online Piracy Study that the Institute for Information Law (IViR) of the University of Amsterdam published today.

Copyright, downloading, Internet, piracy

Bibtex

Article{Quintais2018e, title = {Global Online Piracy Study}, author = {Quintais, J. and Poort, J.}, url = {http://copyrightblog.kluweriplaw.com/2018/07/31/global-online-piracy-study/}, year = {0803}, date = {2018-08-03}, journal = {Kluwer Copyright Blog}, volume = {2018}, pages = {}, abstract = {The percentage of Internet users in Europe that occasionally download or stream music, films, series, books or games illegally has decreased between 2014 and 2017. The decrease is greatest for music, films and series. Meanwhile, expenditure on legal content has increased since 2014. This follows from the Global Online Piracy Study that the Institute for Information Law (IViR) of the University of Amsterdam published today.}, keywords = {Copyright, downloading, Internet, piracy}, }

HEKS’NKAAS at the CJEU: the end of a cheese-war or the beginning of a new copyright era? external link

Kluwer Copyright Blog, 2018

Copyright, frontpage, originaliteit

Bibtex

Article{Coche2018c, title = {HEKS’NKAAS at the CJEU: the end of a cheese-war or the beginning of a new copyright era?}, author = {Coche, E.}, url = {http://copyrightblog.kluweriplaw.com/2018/06/26/heksnkaas-cjeu-end-cheese-war-beginning-new-copyright-era/}, year = {0706}, date = {2018-07-06}, journal = {Kluwer Copyright Blog}, keywords = {Copyright, frontpage, originaliteit}, }

Untangling the Hyperlinking Web: In Search of the Online Right of Communication to the Public external link

Journal of World Intellectual Property (forthcoming), vol. 2018, pp: 1-36, 2018

Abstract

This article examines the online right of communication to the public under EUlaw and its interpretation by the Court of Justice of the EU. The focus of the analysis is on the controversial application of the right to hyperlinking, and its implications for the online activities of users and intermediaries. After outlining the international and EU legal framework on the right of communication to the public, the article advances a conceptual framework for the interpretation of the exclusive right in the online environment, which is both based on, and attempts to bring coherence to, the Court's complex case law. On this basis, the article then explores and critically assesses the main areas of legal uncertainty for the online application of the right and the normative considerations at stake—especially fundamental rights and the promotion of technological development—offering interpretative and legislative solutions for their resolution. The article argues for abandoning the legislative proposals for a new right for press publishers and the so-called value gap, as both are fundamentally flawed. Instead, reform should focus on redefining the right of communication to the public and preserving safe harbors, especially for hosting providers.

Copyright, EU law, frontpage, hyperlinking, intermediary liability, right of communication to the public

Bibtex

Article{Quintais2018c, title = {Untangling the Hyperlinking Web: In Search of the Online Right of Communication to the Public}, author = {Quintais, J.}, url = {https://onlinelibrary.wiley.com/doi/abs/10.1111/jwip.12107}, year = {0621}, date = {2018-06-21}, journal = {Journal of World Intellectual Property (forthcoming)}, volume = {2018}, pages = {1-36}, abstract = {This article examines the online right of communication to the public under EUlaw and its interpretation by the Court of Justice of the EU. The focus of the analysis is on the controversial application of the right to hyperlinking, and its implications for the online activities of users and intermediaries. After outlining the international and EU legal framework on the right of communication to the public, the article advances a conceptual framework for the interpretation of the exclusive right in the online environment, which is both based on, and attempts to bring coherence to, the Court\'s complex case law. On this basis, the article then explores and critically assesses the main areas of legal uncertainty for the online application of the right and the normative considerations at stake—especially fundamental rights and the promotion of technological development—offering interpretative and legislative solutions for their resolution. The article argues for abandoning the legislative proposals for a new right for press publishers and the so-called value gap, as both are fundamentally flawed. Instead, reform should focus on redefining the right of communication to the public and preserving safe harbors, especially for hosting providers.}, keywords = {Copyright, EU law, frontpage, hyperlinking, intermediary liability, right of communication to the public}, }

The cultural role(s) of collective management organizations external link

European Intellectual Property Review, vol. 2018, num: 6, pp: 349-356, 2018

Abstract

Collective management organizations (CMOs) are, first and foremost, copyright and related rights licensing bodies managing vast sums of money. That does not, however, define the entire scope of their activities. For example, the 2014 EU Directive on collective management notes that CMOS "play, and should continue to play, an important role as promoters of the diversity of cultural expression". This article explains and evaluates the cultural functions that CMOs play.

collective management organizations, Copyright, frontpage

Bibtex

Article{Gervais2018, title = {The cultural role(s) of collective management organizations}, author = {Gervais, D.J.}, year = {0524}, date = {2018-05-24}, journal = {European Intellectual Property Review}, volume = {2018}, number = {6}, pages = {349-356}, abstract = {Collective management organizations (CMOs) are, first and foremost, copyright and related rights licensing bodies managing vast sums of money. That does not, however, define the entire scope of their activities. For example, the 2014 EU Directive on collective management notes that CMOS "play, and should continue to play, an important role as promoters of the diversity of cultural expression". This article explains and evaluates the cultural functions that CMOs play.}, keywords = {collective management organizations, Copyright, frontpage}, }

Copyright Reconstructed: Rethinking Copyright’s Economic Rights in a Time of Highly Dynamic Technological and Economic Change external link

Kluwer Law International, 2018, Series: Information Law Series, ISBN: 9789041191038

Abstract

The historical evolution of copyright has led to a growing disconnect between the legal definitions of economic rights and the business and technological realities they regulate, eroding copyright’s normative content and distorting the scope of its economic rights. This book, which consolidates the results of a major trans-European research project funded by Microsoft Europe, re-examines the core economic rights protected under EU copyright law, with the aim of bringing these rights more in line with economic and technological realities.

Copyright, Kluwer Information Law Series

Bibtex

Book{Hugenholtz2018e, title = {Copyright Reconstructed: Rethinking Copyright’s Economic Rights in a Time of Highly Dynamic Technological and Economic Change}, author = {Hugenholtz, P.}, url = {https://www.ivir.nl/publicaties/download/ILS_41_flyer.pdf}, year = {2018}, date = {2018-05-03}, abstract = {The historical evolution of copyright has led to a growing disconnect between the legal definitions of economic rights and the business and technological realities they regulate, eroding copyright’s normative content and distorting the scope of its economic rights. This book, which consolidates the results of a major trans-European research project funded by Microsoft Europe, re-examines the core economic rights protected under EU copyright law, with the aim of bringing these rights more in line with economic and technological realities.}, keywords = {Copyright, Kluwer Information Law Series}, }