Keyword: Auteursrecht

International Copyright. Principles, Law, and Practice, Second Edition external link

Goldstein, P. & Hugenholtz, P.
1023

Abstract

This book divides into two parts. Part One (Chapters 1 through 5) describes the general principles of international copyright and the structure of the main conventions. Following Chapter 2, which sets out the historic traditions of copyright, Chapter 3 describes the substance and structure of the principal international, regional, and bilateral conventions in the field of copyright and neighboring rights. Chapter 4 discusses the principles of territoriality and national treatment that underlie these conventions and examines the often highly complex issues of private international law: jurisdiction (choice of forum) and conflict of laws (choice of law). Chapter 5 concludes Part One with a discussion of so-called "scope" rules in the international conventions and in national law, which determine the points of attachment that allow foreign authors to enjoy local copyright protection.
Part Two offers a comparative overview of the substantive norms of copyright. Guided by the substantive minima of the main international conventions, this part describes and compares the rules on copyright and neigboring rights found in national laws. Chapter 6 depicts the rules on the subject matter of copyright and neighboring rights, Chapter 7 the rules on authorship and ownership. The terms of protection for copyright and neigboring rights are examined in Chapter 8. Chapter 9 describes the main economic rights protected under copyright and neighboring rights laws, while Chapter 10 focuses on moral rights. Chapter 11 considers limitations and exemptions, and Chapter 12 analyses copyright enforcement remedies and sanctions.

Auteursrecht, Intellectuele eigendom

Bibtex

Book{nokey, title = {International Copyright. Principles, Law, and Practice, Second Edition}, author = {Goldstein, P. and Hugenholtz, P.}, url = {http://www.ivir.nl/publicaties/download/1572.pdf}, year = {1023}, date = {2010-10-23}, abstract = {This book divides into two parts. Part One (Chapters 1 through 5) describes the general principles of international copyright and the structure of the main conventions. Following Chapter 2, which sets out the historic traditions of copyright, Chapter 3 describes the substance and structure of the principal international, regional, and bilateral conventions in the field of copyright and neighboring rights. Chapter 4 discusses the principles of territoriality and national treatment that underlie these conventions and examines the often highly complex issues of private international law: jurisdiction (choice of forum) and conflict of laws (choice of law). Chapter 5 concludes Part One with a discussion of so-called "scope" rules in the international conventions and in national law, which determine the points of attachment that allow foreign authors to enjoy local copyright protection. Part Two offers a comparative overview of the substantive norms of copyright. Guided by the substantive minima of the main international conventions, this part describes and compares the rules on copyright and neigboring rights found in national laws. Chapter 6 depicts the rules on the subject matter of copyright and neighboring rights, Chapter 7 the rules on authorship and ownership. The terms of protection for copyright and neigboring rights are examined in Chapter 8. Chapter 9 describes the main economic rights protected under copyright and neighboring rights laws, while Chapter 10 focuses on moral rights. Chapter 11 considers limitations and exemptions, and Chapter 12 analyses copyright enforcement remedies and sanctions.}, keywords = {Auteursrecht, Intellectuele eigendom}, }

Going means trouble and staying makes it double: the value of licensing recorded music online external link

Handke, C.W., Bodó, B. & Vallbé, J.
Journal of Cultural Economics, 2015

Abstract

This paper discusses whether a copyright compensation system (CCS) for recorded music—endowing private Internet subscribers with the right to download and use works in return for a fee—would be welfare increasing. It reports on the results of a discrete choice experiment conducted with a representative sample of the Dutch population consisting of 4986 participants. Under some conservative assumptions, we find that applied only to recorded music, a mandatory CCS could increase the welfare of rights holders and users in the Netherlands by over €600 million per year (over €35 per capita). This far exceeds current rights holder revenues from the market of recorded music of ca. €144 million per year. A monthly CCS fee of ca. €1.74 as a surcharge on Dutch Internet subscriptions would raise the same amount of revenues to rights holders as the current market for recorded music. With a voluntary CCS, the estimated welfare gains to users and rights holders are even greater for CCS fees below €20 on the user side. A voluntary CCS would also perform better in the long run, as it could retain a greater extent of market coordination. The results of our choice experiment indicate that a well-designed CCS for recorded music would simultaneously make users and rights holders better off. This result holds even if we correct for frequently observed rates of overestimation in contingent valuation studies.

Auteursrecht, collective rights management, compensation systems, Contingent valuation, Copyright, Intellectuele eigendom, Internet, Recorded music

Bibtex

Article{nokey, title = {Going means trouble and staying makes it double: the value of licensing recorded music online}, author = {Handke, C.W. and Bodó, B. and Vallbé, J.}, url = {http://link.springer.com/article/10.1007%2Fs10824-015-9251-8}, year = {2015}, date = {2015-06-11}, journal = {Journal of Cultural Economics}, abstract = {This paper discusses whether a copyright compensation system (CCS) for recorded music—endowing private Internet subscribers with the right to download and use works in return for a fee—would be welfare increasing. It reports on the results of a discrete choice experiment conducted with a representative sample of the Dutch population consisting of 4986 participants. Under some conservative assumptions, we find that applied only to recorded music, a mandatory CCS could increase the welfare of rights holders and users in the Netherlands by over €600 million per year (over €35 per capita). This far exceeds current rights holder revenues from the market of recorded music of ca. €144 million per year. A monthly CCS fee of ca. €1.74 as a surcharge on Dutch Internet subscriptions would raise the same amount of revenues to rights holders as the current market for recorded music. With a voluntary CCS, the estimated welfare gains to users and rights holders are even greater for CCS fees below €20 on the user side. A voluntary CCS would also perform better in the long run, as it could retain a greater extent of market coordination. The results of our choice experiment indicate that a well-designed CCS for recorded music would simultaneously make users and rights holders better off. This result holds even if we correct for frequently observed rates of overestimation in contingent valuation studies.}, keywords = {Auteursrecht, collective rights management, compensation systems, Contingent valuation, Copyright, Intellectuele eigendom, Internet, Recorded music}, }

Joint Copyrights Management by Collecting Societies and Online Platforms: An Economic Analysis external link

Handke, C.W.
2015

Abstract

This paper discusses the effects of technological change on joint (copy)rights management (JRM). The economic literature discusses JRM as a response to relatively high transaction costs in complex markets for copyright works. Based on a formal analysis, we show that JRM reduces the average transaction costs per transaction and the total number of transactions under a broad range of conditions. Throughout the 20th Century, JRM was mostly conducted by copyrights holder collectives. Recently, private for-profit online platforms are taking on core functions of JRM. Our formal analysis yields two essential results: (1) the efficient scale and scope of JRM will increase as copyright works are increasingly traded via digital ICT networks; (2) a change from collective JRM on behalf of rights holders to commercial intermediation weakens the position of rights holders, and will aggravate problems with the private provision of copyright works with public good attributes.

Auteursrecht, collecting societies, Copyright, copyright collectives, digitization, Intellectuele eigendom, online intermediaries

Bibtex

Article{nokey, title = {Joint Copyrights Management by Collecting Societies and Online Platforms: An Economic Analysis}, author = {Handke and C.W.}, url = {http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2616442}, year = {0611}, date = {2015-06-11}, abstract = {This paper discusses the effects of technological change on joint (copy)rights management (JRM). The economic literature discusses JRM as a response to relatively high transaction costs in complex markets for copyright works. Based on a formal analysis, we show that JRM reduces the average transaction costs per transaction and the total number of transactions under a broad range of conditions. Throughout the 20th Century, JRM was mostly conducted by copyrights holder collectives. Recently, private for-profit online platforms are taking on core functions of JRM. Our formal analysis yields two essential results: (1) the efficient scale and scope of JRM will increase as copyright works are increasingly traded via digital ICT networks; (2) a change from collective JRM on behalf of rights holders to commercial intermediation weakens the position of rights holders, and will aggravate problems with the private provision of copyright works with public good attributes.}, keywords = {Auteursrecht, collecting societies, Copyright, copyright collectives, digitization, Intellectuele eigendom, online intermediaries}, }

Transparency and the Collective Management Organisations external link

Schroff, S.
2014

Abstract

Dr Simone Schroff, CREATe/University of East Anglia explores how Collective Management Organisations are responding to pressures to offer more clarity about how they operate.

Auteursrecht, collective management, Intellectuele eigendom, Transparency

Bibtex

Online publication{Schroff2014, title = {Transparency and the Collective Management Organisations}, author = {Schroff, S.}, url = {http://www.create.ac.uk/blog/2014/10/01/transparency-and-the-collective-management-organisations/}, year = {1001}, date = {2014-10-01}, abstract = {Dr Simone Schroff, CREATe/University of East Anglia explores how Collective Management Organisations are responding to pressures to offer more clarity about how they operate.}, keywords = {Auteursrecht, collective management, Intellectuele eigendom, Transparency}, }

The (Non) Convergence of Copyright Policies – A Quantitative Approach to Convergence in Copyright external link

Schroff, S.
Script-ed, vol. 4, pp: 411-434., 2013

Abstract

In the literature on copyright evolution, it has been argued that some degree of convergence has occurred over time. This means that the respective policies of different jurisdictions have become increasingly similar, not only in the substantive provisions themselves (the scope of protection) but also in how copyright is perceived (the copyright culture). Copyright culture in particular refers to the well-established, idealised models of author rights generally associated with civil law systems and common law copyright. Nonetheless, recent technological challenges have highlighted the significant differences that remain in how copyright responds to new challenges. This article examines the convergence of copyright policies in the US, UK, Germany and international level between 1880 and 2010. Rather than relying on a qualitative analysis, a quantitative approach is used to examine the evidence for convergence. It compares the laws as they are in force for each of the jurisdictions examined, to the two ideal types relied upon by the legal literature: author rights systems and common law copyright systems. Ideal types reflect the epitomised description of what an author rights and a common law system are, irrespective of whether these exist or have existed in such a form in the real world. These two polar opposites are used as external benchmarks against which the copyright policies are compared and the position of these policies on a spectrum which has author rights at one end and common law copyright at the other, is determined. By placing the case studies on a spectrum, their evolution relative to each other is clear and the existence of convergence and its extent can be analysed. The article concludes by clarifying the extent of convergence. The degree of convergence has been limited between the US, UK and international level, while Germany’s policies actually moved away from them. In addition, the commonly identified causal factors, such as technology and international agreements, only developed a limited impact in practice, explaining why the empirical evidence has failed to show the expected convergence.

Auteursrecht, Intellectuele eigendom

Bibtex

Article{nokey, title = {The (Non) Convergence of Copyright Policies – A Quantitative Approach to Convergence in Copyright}, author = {Schroff, S.}, url = {http://script-ed.org/wp-content/uploads/2013/12/schroff.pdf}, year = {1217}, date = {2013-12-17}, journal = {Script-ed}, volume = {4}, pages = {411-434.}, abstract = {In the literature on copyright evolution, it has been argued that some degree of convergence has occurred over time. This means that the respective policies of different jurisdictions have become increasingly similar, not only in the substantive provisions themselves (the scope of protection) but also in how copyright is perceived (the copyright culture). Copyright culture in particular refers to the well-established, idealised models of author rights generally associated with civil law systems and common law copyright. Nonetheless, recent technological challenges have highlighted the significant differences that remain in how copyright responds to new challenges. This article examines the convergence of copyright policies in the US, UK, Germany and international level between 1880 and 2010. Rather than relying on a qualitative analysis, a quantitative approach is used to examine the evidence for convergence. It compares the laws as they are in force for each of the jurisdictions examined, to the two ideal types relied upon by the legal literature: author rights systems and common law copyright systems. Ideal types reflect the epitomised description of what an author rights and a common law system are, irrespective of whether these exist or have existed in such a form in the real world. These two polar opposites are used as external benchmarks against which the copyright policies are compared and the position of these policies on a spectrum which has author rights at one end and common law copyright at the other, is determined. By placing the case studies on a spectrum, their evolution relative to each other is clear and the existence of convergence and its extent can be analysed. The article concludes by clarifying the extent of convergence. The degree of convergence has been limited between the US, UK and international level, while Germany’s policies actually moved away from them. In addition, the commonly identified causal factors, such as technology and international agreements, only developed a limited impact in practice, explaining why the empirical evidence has failed to show the expected convergence.}, keywords = {Auteursrecht, Intellectuele eigendom}, }

Annotatie bij EHRM 10 januari 2013 (Ashby Donald c.s. / Frankrijk) external link

P.B. Hugenholtz
NJ, num: 14, pp: 1367-1373., 2015

Abstract

Strafrechtelijke veroordeling wegens auteursrechtinbreuk door modefotografen. Geen sprake van debat van algemeen belang. Zeer ruime beoordelingsmarge bij afweging van door het EVRM en Eerste Protocol beschermde belangen, waartoe auteursrechten van modehuizen behoort. Geen inbreuk artikel 10 EVRM.

Annotaties, Auteursrecht

Bibtex

Case note{nokey, title = {Annotatie bij EHRM 10 januari 2013 (Ashby Donald c.s. / Frankrijk)}, author = {P.B. Hugenholtz}, url = {http://www.ivir.nl/publicaties/download/1528.pdf}, year = {0327}, date = {2015-03-27}, journal = {NJ}, number = {14}, abstract = {Strafrechtelijke veroordeling wegens auteursrechtinbreuk door modefotografen. Geen sprake van debat van algemeen belang. Zeer ruime beoordelingsmarge bij afweging van door het EVRM en Eerste Protocol beschermde belangen, waartoe auteursrechten van modehuizen behoort. Geen inbreuk artikel 10 EVRM.}, keywords = {Annotaties, Auteursrecht}, }

Annotatie bij EHRM 10 januari 2013 (Ashby Donald c.s. / Frankrijk) external link

Dommering, E.
AMI, num: 2, pp: 57-59, 2014

Auteursrecht, Intellectuele eigendom

Bibtex

Case note{nokey, title = {Annotatie bij EHRM 10 januari 2013 (Ashby Donald c.s. / Frankrijk)}, author = {Dommering, E.}, url = {http://www.ivir.nl/publicaties/download/1527.pdf}, year = {0327}, date = {2014-03-27}, journal = {AMI}, number = {2}, keywords = {Auteursrecht, Intellectuele eigendom}, }

Annotatie bij Hof van Justitie van de EU 10 april 2014 (ACI Adam c.s. / Stichting de Thuiskopie en SONT) external link

Alberdingk Thijm, Chr. A.
AMI, num: 1, pp: 12-17, 2015

Auteursrecht, Intellectuele eigendom

Bibtex

Case note{nokey, title = {Annotatie bij Hof van Justitie van de EU 10 april 2014 (ACI Adam c.s. / Stichting de Thuiskopie en SONT)}, author = {Alberdingk Thijm, Chr. A.}, url = {http://www.ivir.nl/publicaties/download/1525.pdf}, year = {0324}, date = {2015-03-24}, journal = {AMI}, number = {1}, keywords = {Auteursrecht, Intellectuele eigendom}, }