Keyword: frontpage

Robot Creativity: An Incentive-Based Neighbouring Rights Approach external link

Senftleben, M. & Buijtelaar, L.D.
European Intellectual Property Review, vol. 42, num: 12, 2020

Abstract

Today texts, paintings and songs need no longer be the result of human creativity. Advanced artificial intelligence (AI) systems are capable of generating creations that can hardly be distinguished from those of authors of flesh and blood. This development raises the question whether AI-generated works could be eligible for copyright protection. In the following analysis, we explore this question. After a discussion of the traditional copyright requirement of human creativity, the rationales underlying copyright protection – in particular the utilitarian incentive theory – will serve as a compass to decide on the grant of protection and delineate the scope of exclusive rights. In addition, the analysis will address the question who the owner of protected AI creations should be. Finally, the discussion of pros and cons of protection will be placed in the broader context of competing policy goals and legal obligations, such as the prospect of enriching the public domain and the question of liability for AI creations that infringe the rights of third parties.

Copyright, creativiteit, frontpage, Naburige rechten

Bibtex

Article{Senftleben2020d, title = {Robot Creativity: An Incentive-Based Neighbouring Rights Approach}, author = {Senftleben, M. and Buijtelaar, L.D.}, url = {https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3707741}, year = {1013}, date = {2020-10-13}, journal = {European Intellectual Property Review}, volume = {42}, number = {12}, pages = {}, abstract = {Today texts, paintings and songs need no longer be the result of human creativity. Advanced artificial intelligence (AI) systems are capable of generating creations that can hardly be distinguished from those of authors of flesh and blood. This development raises the question whether AI-generated works could be eligible for copyright protection. In the following analysis, we explore this question. After a discussion of the traditional copyright requirement of human creativity, the rationales underlying copyright protection – in particular the utilitarian incentive theory – will serve as a compass to decide on the grant of protection and delineate the scope of exclusive rights. In addition, the analysis will address the question who the owner of protected AI creations should be. Finally, the discussion of pros and cons of protection will be placed in the broader context of competing policy goals and legal obligations, such as the prospect of enriching the public domain and the question of liability for AI creations that infringe the rights of third parties.}, keywords = {Copyright, creativiteit, frontpage, Naburige rechten}, }

Privacy and Data Protection in the EU- and US-led Post- WTO Free Trade Agreements external link

Yakovleva, S.
1008, Series: European Yearbook of International Economic Law, pp: 95-115

Abstract

The chapter addresses privacy and data protection in FTAs. It takes stock of the evolution of provisions on privacy and data protection in the post-WTO FTAs and FTAs currently under negotiation relying on EU- and US-led FTAs as an empirical basis. The chapter evaluates the trends and patterns of the development of these provisions and provides an outlook for the upcoming negotiations on electronic commerce at the WTO. It highlights the evolution of provisions on privacy and personal data protection in general exceptions, financial and telecommunications chapters, chapters on electronic commerce and digital trade. After identifying trends in the design and wording of these provisions in the EU- and US-led FTAs the chapter concludes that both trading partners tend to prefer their own template for regional FTAs.

EU, frontpage, gegevensbescherming, Privacy, usa, WTO

Bibtex

Chapter{Yakovleva2020e, title = {Privacy and Data Protection in the EU- and US-led Post- WTO Free Trade Agreements}, author = {Yakovleva, S.}, url = {https://www.ivir.nl/publicaties/download/Yearbook_International_Economic_Law.pdf}, doi = {https://doi.org/https://doi.org/10.1007/978-3-030-46955-9_5}, year = {1008}, date = {2020-10-08}, abstract = {The chapter addresses privacy and data protection in FTAs. It takes stock of the evolution of provisions on privacy and data protection in the post-WTO FTAs and FTAs currently under negotiation relying on EU- and US-led FTAs as an empirical basis. The chapter evaluates the trends and patterns of the development of these provisions and provides an outlook for the upcoming negotiations on electronic commerce at the WTO. It highlights the evolution of provisions on privacy and personal data protection in general exceptions, financial and telecommunications chapters, chapters on electronic commerce and digital trade. After identifying trends in the design and wording of these provisions in the EU- and US-led FTAs the chapter concludes that both trading partners tend to prefer their own template for regional FTAs.}, keywords = {EU, frontpage, gegevensbescherming, Privacy, usa, WTO}, }

Personal Data Transfers in International Trade and EU Law: A Tale of Two ‘Necessities’ external link

Yakovleva, S.
The Journal of World Investment & Trade, pp: 1-39, 2020

Abstract

Cross-border flows of personal data have become essential for international trade. EU law restricts transfers of personal data to a degree that is arguably beyond what is permitted under the EU’s WTO commitments. These restrictions may be justified under trade law’s ‘necessity test.’ The article suggests that they may not pass this test. Yet, from an EU law perspective, the right to the protection of personal data is a fundamental right. An international transfer of personal data constitutes a derogation from this right and, therefore, must be consistent with another necessity test, the ‘strict necessity’ test of the derogation clause of the EU Charter of Fundamental Rights. This article shows how a simultaneous application of the trade law and EU Charter ‘necessities’ to EU restrictions on transfers of personal data creates a Catch-22 situation and sketches the ways out of this compliance deadlock.

EU, frontpage, handel, Persoonsgegevens, Privacy

Bibtex

Article{Yakovleva2020d, title = {Personal Data Transfers in International Trade and EU Law: A Tale of Two ‘Necessities’}, author = {Yakovleva, S.}, url = {https://www.ivir.nl/publicaties/download/JWIT_2020.pdf}, year = {1002}, date = {2020-10-02}, journal = {The Journal of World Investment & Trade}, abstract = {Cross-border flows of personal data have become essential for international trade. EU law restricts transfers of personal data to a degree that is arguably beyond what is permitted under the EU’s WTO commitments. These restrictions may be justified under trade law’s ‘necessity test.’ The article suggests that they may not pass this test. Yet, from an EU law perspective, the right to the protection of personal data is a fundamental right. An international transfer of personal data constitutes a derogation from this right and, therefore, must be consistent with another necessity test, the ‘strict necessity’ test of the derogation clause of the EU Charter of Fundamental Rights. This article shows how a simultaneous application of the trade law and EU Charter ‘necessities’ to EU restrictions on transfers of personal data creates a Catch-22 situation and sketches the ways out of this compliance deadlock.}, keywords = {EU, frontpage, handel, Persoonsgegevens, Privacy}, }

Kaleidoscopic data-related enforcement in the digital age external link

Yakovleva, S., Geursen, W. & Arnbak, A.
Common Market Law Review, vol. 57, num: 5, pp: 1461-1494, 2020

Abstract

The interplay between competition, consumer and data protection law, when applied to data collection and processing practices, may lead to situations where several competent authorities can, independently, carry out enforcement actions against the same practice, or where an authority competent to carry out enforcement in one area of law can borrow the concepts of another area to advance its own goals. The authors call this “kaleidoscopic enforcement”. Kaleidoscopic enforcement may undermine existing coordination mechanisms within specif ic areas, and may lead to both the incoherent enforcement of EU rules applicable to data, and to sub-optimal enforcement. An EU level binding inter-disciplinary coordination mechanism between competition, consumer and data protection authorities is needed. Now the Commission has announced ambitious plans to enhance the coherent application of EU law in several areas, it is the perfect time to work towards creating such an enforcement mechanism.

Competition law, Consumer law, Data protection law, enforcement, frontpage, Privacy

Bibtex

Article{Yakovleva2020c, title = {Kaleidoscopic data-related enforcement in the digital age}, author = {Yakovleva, S. and Geursen, W. and Arnbak, A.}, url = {https://www.ivir.nl/publicaties/download/CMLR_2020.pdf}, year = {1001}, date = {2020-10-01}, journal = {Common Market Law Review}, volume = {57}, number = {5}, pages = {1461-1494}, abstract = {The interplay between competition, consumer and data protection law, when applied to data collection and processing practices, may lead to situations where several competent authorities can, independently, carry out enforcement actions against the same practice, or where an authority competent to carry out enforcement in one area of law can borrow the concepts of another area to advance its own goals. The authors call this “kaleidoscopic enforcement”. Kaleidoscopic enforcement may undermine existing coordination mechanisms within specif ic areas, and may lead to both the incoherent enforcement of EU rules applicable to data, and to sub-optimal enforcement. An EU level binding inter-disciplinary coordination mechanism between competition, consumer and data protection authorities is needed. Now the Commission has announced ambitious plans to enhance the coherent application of EU law in several areas, it is the perfect time to work towards creating such an enforcement mechanism.}, keywords = {Competition law, Consumer law, Data protection law, enforcement, frontpage, Privacy}, }

De kunstmatige maker: over de gevolgen van het Endstra-arrest voor de bescherming van artificiële creaties external link

Hugenholtz, P.
Intellectuele Eigendom & Reclamerecht (IER), num: 5, pp: 276-280, 2020

Auteursrecht, creaties, frontpage, kunstmatige intelligentie, makers

Bibtex

Article{Hugenholtz2020d, title = {De kunstmatige maker: over de gevolgen van het Endstra-arrest voor de bescherming van artificiële creaties}, author = {Hugenholtz, P.}, url = {https://www.ivir.nl/publicaties/download/IER_2020_5.pdf}, year = {1001}, date = {2020-10-01}, journal = {Intellectuele Eigendom & Reclamerecht (IER)}, number = {5}, keywords = {Auteursrecht, creaties, frontpage, kunstmatige intelligentie, makers}, }

How to License Article 17? Exploring the Implementation Options for the New EU Rules on Content-Sharing Platforms external link

Husovec, M. & Quintais, J.
2020

Abstract

Article 17 of the Copyright in the Digital Single Market Directive is a major Internet policy experiment of our decade. The provision fundamentally changes copyright regulation of certain digital platforms. However, the precise nature of art. 17 is far from clear. How does it fit the existing structure of EU copyright law and doctrine? How can the Member States implement it? These are the questions at the heart of this article. To answer them, we start by examining the nature and structure of the right prescribed in art. 17. The exact qualification brings important legal consequences. Among others, it determines the conditions imposed by EU law and international law on national implementations. After reviewing different interpretation options, we conclude that art. 17 introduces either a special or a new sui generis right, both of which allow significant margin of discretion for Member States, especially as regards licensing mechanisms and exceptions. [This is a revised and updated version of a working paper first published in October 2019]

Article 17, communication to the public, Copyright, exceptions and limitations, frontpage, intermediaries, Licensing

Bibtex

Article{Husovec2020c, title = {How to License Article 17? Exploring the Implementation Options for the New EU Rules on Content-Sharing Platforms}, author = {Husovec, M. and Quintais, J.}, url = {https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3463011}, doi = {https://doi.org/10.2139/ssrn.3463011}, year = {2020}, date = {2020-09-29}, abstract = {Article 17 of the Copyright in the Digital Single Market Directive is a major Internet policy experiment of our decade. The provision fundamentally changes copyright regulation of certain digital platforms. However, the precise nature of art. 17 is far from clear. How does it fit the existing structure of EU copyright law and doctrine? How can the Member States implement it? These are the questions at the heart of this article. To answer them, we start by examining the nature and structure of the right prescribed in art. 17. The exact qualification brings important legal consequences. Among others, it determines the conditions imposed by EU law and international law on national implementations. After reviewing different interpretation options, we conclude that art. 17 introduces either a special or a new sui generis right, both of which allow significant margin of discretion for Member States, especially as regards licensing mechanisms and exceptions. [This is a revised and updated version of a working paper first published in October 2019]}, keywords = {Article 17, communication to the public, Copyright, exceptions and limitations, frontpage, intermediaries, Licensing}, }

Macro and Exogenous Factors in Computational Advertising: Key Issues and New Research Directions external link

Helberger, N., Huh, J., Milne, G. & Strycharz, J.
Journal of Advertising, vol. 49, num: 4, pp: 377-393, 2020

Abstract

To advance the emerging research field of computational advertising this article describes the new computational advertising ecosystem, identifies key actors within it and interactions among them, and discusses future research agendas. Specifically, we propose systematic conceptualization for the redefined advertising industry, consumers, government, and technology environmental factors, and discuss emerging and anticipated tensions that arise in the macro and exogenous factors surrounding the new computational advertising industry, leading to suggestions for future research directions. From multidisciplinary angles, areas of tension and related research questions are explored from advertising, business, computer science, and legal perspectives. The proposed research agendas include exploring transparency of computational advertising practice and consumer education; understanding the trade-off between explainability and performance of algorithms; exploring the issue of new consumers as free data laborers, data as commodity, and related consumer agency challenges; understanding the relationship between algorithmic transparency and consumers’ literacy; evaluating the trade-off between algorithmic fairness and privacy protection; examining legal and regulatory issues regarding power imbalance between actors in the computational advertising ecosystem; and studying the trade-off between technological innovation and consumer protection and empowerment.

algoritmen, consumentenbescherming, Consumentenrecht, frontpage, Privacy, reclamerecht

Bibtex

Article{Helberger2020h, title = {Macro and Exogenous Factors in Computational Advertising: Key Issues and New Research Directions}, author = {Helberger, N. and Huh, J. and Milne, G. and Strycharz, J.}, doi = {https://doi.org/https://doi.org/10.1080/00913367.2020.1811179}, year = {0911}, date = {2020-09-11}, journal = {Journal of Advertising}, volume = {49}, number = {4}, pages = {377-393}, abstract = {To advance the emerging research field of computational advertising this article describes the new computational advertising ecosystem, identifies key actors within it and interactions among them, and discusses future research agendas. Specifically, we propose systematic conceptualization for the redefined advertising industry, consumers, government, and technology environmental factors, and discuss emerging and anticipated tensions that arise in the macro and exogenous factors surrounding the new computational advertising industry, leading to suggestions for future research directions. From multidisciplinary angles, areas of tension and related research questions are explored from advertising, business, computer science, and legal perspectives. The proposed research agendas include exploring transparency of computational advertising practice and consumer education; understanding the trade-off between explainability and performance of algorithms; exploring the issue of new consumers as free data laborers, data as commodity, and related consumer agency challenges; understanding the relationship between algorithmic transparency and consumers’ literacy; evaluating the trade-off between algorithmic fairness and privacy protection; examining legal and regulatory issues regarding power imbalance between actors in the computational advertising ecosystem; and studying the trade-off between technological innovation and consumer protection and empowerment.}, keywords = {algoritmen, consumentenbescherming, Consumentenrecht, frontpage, Privacy, reclamerecht}, }

Opinie: Doorsturen telecomdata naar RIVM vereist een beter verhaal external link

Eskens, S. & Mil, J. van
Het Financieele Dagblad, 2020

frontpage, rivm, Telecommunicatierecht, verkeersgegevens

Bibtex

Article{Eskens2020c, title = {Opinie: Doorsturen telecomdata naar RIVM vereist een beter verhaal}, author = {Eskens, S. and Mil, J. van}, url = {https://fd.nl/opinie/1356879/doorsturen-telecomdata-naar-rivm-vereist-een-beter-verhaal}, year = {0912}, date = {2020-09-12}, journal = {Het Financieele Dagblad}, keywords = {frontpage, rivm, Telecommunicatierecht, verkeersgegevens}, }

Opinie: corona-app vraagt om meer toezicht op grote techbedrijven external link

Helberger, N. & Eskens, S.
De Volkskrant, 2020

Abstract

Er is te weinig aandacht voor de rol van Google en Apple bij de invoering van de CoronaMelder, betogen Natali Helberger en Sarah Eskens.

corona, frontpage, Technologie en recht

Bibtex

Article{Helberger2020g, title = {Opinie: corona-app vraagt om meer toezicht op grote techbedrijven}, author = {Helberger, N. and Eskens, S.}, url = {https://www.volkskrant.nl/columns-opinie/opinie-corona-app-vraagt-om-meer-toezicht-op-grote-techbedrijven~b6898138/}, year = {0910}, date = {2020-09-10}, journal = {De Volkskrant}, abstract = {Er is te weinig aandacht voor de rol van Google en Apple bij de invoering van de CoronaMelder, betogen Natali Helberger en Sarah Eskens.}, keywords = {corona, frontpage, Technologie en recht}, }

Who is the fairest of them all? Public attitudes and expectations regarding automated decision-making external link

Helberger, N., Araujo, T. & Vreese, C.H. de
Computer Law & Security Review, vol. 39, 2020

Abstract

The ongoing substitution of human decision makers by automated decision-making (ADM) systems in a whole range of areas raises the question of whether and, if so, under which conditions ADM is acceptable and fair. So far, this debate has been primarily led by academics, civil society, technology developers and members of the expert groups tasked to develop ethical guidelines for ADM. Ultimately, however, ADM affects citizens, who will live with, act upon and ultimately have to accept the authority of ADM systems. The paper aims to contribute to this larger debate by providing deeper insights into the question of whether, and if so, why and under which conditions, citizens are inclined to accept ADM as fair. The results of a survey (N = 958) with a representative sample of the Dutch adult population, show that most respondents assume that AI-driven ADM systems are fairer than human decision-makers. A more nuanced view emerges from an analysis of the responses, with emotions, expectations about AI being data- and calculation-driven, as well as the role of the programmer – among other dimensions – being cited as reasons for (un)fairness by AI or humans. Individual characteristics such as age and education level influenced not only perceptions about AI fairness, but also the reasons provided for such perceptions. The paper concludes with a normative assessment of the findings and suggestions for the future debate and research.

Artificial intelligence, automated decision making, fairness, frontpage, Technologie en recht

Bibtex

Article{Helberger2020f, title = {Who is the fairest of them all? Public attitudes and expectations regarding automated decision-making}, author = {Helberger, N. and Araujo, T. and Vreese, C.H. de}, url = {https://www.sciencedirect.com/science/article/pii/S0267364920300613?dgcid=author}, doi = {https://doi.org/https://doi.org/10.1016/j.clsr.2020.105456}, year = {0915}, date = {2020-09-15}, journal = {Computer Law & Security Review}, volume = {39}, pages = {}, abstract = {The ongoing substitution of human decision makers by automated decision-making (ADM) systems in a whole range of areas raises the question of whether and, if so, under which conditions ADM is acceptable and fair. So far, this debate has been primarily led by academics, civil society, technology developers and members of the expert groups tasked to develop ethical guidelines for ADM. Ultimately, however, ADM affects citizens, who will live with, act upon and ultimately have to accept the authority of ADM systems. The paper aims to contribute to this larger debate by providing deeper insights into the question of whether, and if so, why and under which conditions, citizens are inclined to accept ADM as fair. The results of a survey (N = 958) with a representative sample of the Dutch adult population, show that most respondents assume that AI-driven ADM systems are fairer than human decision-makers. A more nuanced view emerges from an analysis of the responses, with emotions, expectations about AI being data- and calculation-driven, as well as the role of the programmer – among other dimensions – being cited as reasons for (un)fairness by AI or humans. Individual characteristics such as age and education level influenced not only perceptions about AI fairness, but also the reasons provided for such perceptions. The paper concludes with a normative assessment of the findings and suggestions for the future debate and research.}, keywords = {Artificial intelligence, automated decision making, fairness, frontpage, Technologie en recht}, }