Keyword: Auteursrecht

Webharvesting external link

Senftleben, M., van Gompel, S., Helmond, A., Schumacher, L.D., Ausloos, J., van Hoboken, J. & Quintais, J.
2021

Abstract

Aan het volgende onderzoeksrapport ligt de doelstelling ten grondslag om te inventariseren wat juridisch, beleidsmatig en technisch nodig is om webharvesting mogelijk te maken, onder meer in de vorm van een zogenaamde nationale “domeincrawl”: het systematische kopiëren en archiveren van webpagina’s die een afspiegeling vormen van de Nederlandse sociale, culturele, economische, juridische, politieke en wetenschappelijke geschiedenis online.

Auteursrecht, erfgoed, frontpage, Informatierecht, Privacy, webharvesting

Bibtex

Report{nokey, title = {Webharvesting}, author = {Senftleben, M. and van Gompel, S. and Helmond, A. and Schumacher, L.D. and Ausloos, J. and van Hoboken, J. and Quintais, J.}, url = {https://www.ivir.nl/publicaties/download/Webharvesting_WODC.pdf}, year = {1125}, date = {2021-11-25}, abstract = {Aan het volgende onderzoeksrapport ligt de doelstelling ten grondslag om te inventariseren wat juridisch, beleidsmatig en technisch nodig is om webharvesting mogelijk te maken, onder meer in de vorm van een zogenaamde nationale “domeincrawl”: het systematische kopiëren en archiveren van webpagina’s die een afspiegeling vormen van de Nederlandse sociale, culturele, economische, juridische, politieke en wetenschappelijke geschiedenis online.}, keywords = {Auteursrecht, erfgoed, frontpage, Informatierecht, Privacy, webharvesting}, }

Study on emerging issues on collective licensing practices in the digital environment external link

Bulayenko, O., van Gompel, S., Handke, C.W., Peeters, R., Poort, J., Quintais, J. & Regeczi, D.
2021

Abstract

Collective management of copyright and related rights is an important element of the copyright system. First and foremost, it can ensure that rightholders reap greater rewards. By exploiting economies of scale and network effects, collective management can also make markets for copyright licences more efficient, to benefit users and other stakeholders. This study examines two central aspects of collective management of copyright and related rights in Europe. Part I documents the development of multi-territorial licensing of online rights in musical works in the European Economic Area (EEA) under Title III of Directive 2014/26/EU on Collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market (CRM Directive). It highlights the consequences of legal and regulatory reform, based on pervasive quantitative and qualitative data – produced in surveys, interviews and a workshop with stakeholders – and collected among collective management organisations (CMOs), rightholders, online music service providers, and national competent authorities. Part II examines national mechanisms of collective licensing with an extended effect and comprehensive network of national experts, complemented by surveys of CMOs, as well as interviews with national competent authorities. The present study provides a legal and economic analysis that can serve as input for the European Commission to draft the reports required by Article 40 of the CRM Directive and Article 12(6) of the Directive 2019/790/EU on copyright and related rights in the Digital Single Market (DSM Directive).

Auteursrecht, collectief beheer, collectieve licenties, digitalisering, Europe, frontpage, Naburige rechten

Bibtex

Report{nokey, title = {Study on emerging issues on collective licensing practices in the digital environment}, author = {Bulayenko, O. and van Gompel, S. and Handke, C.W. and Peeters, R. and Poort, J. and Quintais, J. and Regeczi, D.}, url = {https://www.ivir.nl/publicaties/download/Study_on_collective_practices_in_the_digital_environment.pdfhttps://digital-strategy.ec.europa.eu/en/library/reports-collective-management-and-extended-licensing}, doi = {https://doi.org/10.2759/611658}, year = {2021}, date = {2021-11-25}, abstract = {Collective management of copyright and related rights is an important element of the copyright system. First and foremost, it can ensure that rightholders reap greater rewards. By exploiting economies of scale and network effects, collective management can also make markets for copyright licences more efficient, to benefit users and other stakeholders. This study examines two central aspects of collective management of copyright and related rights in Europe. Part I documents the development of multi-territorial licensing of online rights in musical works in the European Economic Area (EEA) under Title III of Directive 2014/26/EU on Collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market (CRM Directive). It highlights the consequences of legal and regulatory reform, based on pervasive quantitative and qualitative data – produced in surveys, interviews and a workshop with stakeholders – and collected among collective management organisations (CMOs), rightholders, online music service providers, and national competent authorities. Part II examines national mechanisms of collective licensing with an extended effect and comprehensive network of national experts, complemented by surveys of CMOs, as well as interviews with national competent authorities. The present study provides a legal and economic analysis that can serve as input for the European Commission to draft the reports required by Article 40 of the CRM Directive and Article 12(6) of the Directive 2019/790/EU on copyright and related rights in the Digital Single Market (DSM Directive).}, keywords = {Auteursrecht, collectief beheer, collectieve licenties, digitalisering, Europe, frontpage, Naburige rechten}, }

Annotatie bij Hof van Justitie EU 8 september 2020 (RAAP/PPI) external link

van Eechoud, M.
Auteursrecht, vol. 2021, num: 2, pp: 77-79, 2021

Auteursrecht, verdrag van Rome, vergoedingen

Bibtex

Article{nokey, title = {Annotatie bij Hof van Justitie EU 8 september 2020 (RAAP/PPI)}, author = {van Eechoud, M.}, url = {https://www.ivir.nl/publicaties/download/Annotatie_Auteursrecht_2021_2.pdf}, year = {1123}, date = {2021-11-23}, journal = {Auteursrecht}, volume = {2021}, number = {2}, pages = {77-79}, keywords = {Auteursrecht, verdrag van Rome, vergoedingen}, }

The Software Interface between Copyright and Competition Law: A Legal Analysis of Interoperability in Computer Programs external link

Rooijen, A. van
2010, Series: Information Law Series, ISBN: 9789041131935

Abstract

The success of computer programs often depends on their ability to interoperate – or communicate – with other systems. In proprietary software development, however, the need to protect access to source code, including the interface information necessary for interoperability, is of vital importance. This apparent conflict gives rise to a complex interaction between copyright law and competition law, as the strong need for interoperability in computer programs affects both innovation and competition. This important book offers the first in-depth analysis of the current respective copyright and competition law approaches to interoperability. With respect to copyright law, the book offers an in-depth analysis of how copyright law has been applied to computer programs, how this form of protection affects interoperability, and how the European Software Directive – including its interpretation by courts in Member States – aims to facilitate interoperability. With respect to competition law, the author critically analyzes the application of Article 102 of the TFEU to refusals to supply interface information, including a discussion on the tension between copyright and competition law. The author also examines the substantial body of U.S. case law and accompanying literature on the interplay between copyright law, software and interoperability. Based further on a comparison with relevant ex-ante interconnection rules in European design protection law and telecommunications law, the author advances several recommendations aimed at facilitating interoperability in software copyright law. Three interrelated approaches combine to convey an integrated and immediately accessible understanding of the subject: • how interoperability affects the balance between innovation and free competition in software ; • which of two regimes – copyright law or competition law – should primarily be concerned with striking this balance as affected by interoperability; and • which particular instruments are suitable to approach this problem within these respective regimes. Because of the in-depth analysis of the software interoperability problem with related legal disciplines in both Europe and the United States, and due to the clarity of the presentation, this will be welcomed as a valuable resource by practitioners, jurists, and academics concerned with copyright protection of computer software, interoperability and the interaction between copyright and competition law.

Auteursrecht, Kluwer Information Law Series, Software

Bibtex

Book{ILS20, title = {The Software Interface between Copyright and Competition Law: A Legal Analysis of Interoperability in Computer Programs}, author = {Rooijen, A. van}, year = {2010}, date = {2010-01-01}, abstract = {The success of computer programs often depends on their ability to interoperate – or communicate – with other systems. In proprietary software development, however, the need to protect access to source code, including the interface information necessary for interoperability, is of vital importance. This apparent conflict gives rise to a complex interaction between copyright law and competition law, as the strong need for interoperability in computer programs affects both innovation and competition. This important book offers the first in-depth analysis of the current respective copyright and competition law approaches to interoperability. With respect to copyright law, the book offers an in-depth analysis of how copyright law has been applied to computer programs, how this form of protection affects interoperability, and how the European Software Directive – including its interpretation by courts in Member States – aims to facilitate interoperability. With respect to competition law, the author critically analyzes the application of Article 102 of the TFEU to refusals to supply interface information, including a discussion on the tension between copyright and competition law. The author also examines the substantial body of U.S. case law and accompanying literature on the interplay between copyright law, software and interoperability. Based further on a comparison with relevant ex-ante interconnection rules in European design protection law and telecommunications law, the author advances several recommendations aimed at facilitating interoperability in software copyright law. Three interrelated approaches combine to convey an integrated and immediately accessible understanding of the subject: • how interoperability affects the balance between innovation and free competition in software ; • which of two regimes – copyright law or competition law – should primarily be concerned with striking this balance as affected by interoperability; and • which particular instruments are suitable to approach this problem within these respective regimes. Because of the in-depth analysis of the software interoperability problem with related legal disciplines in both Europe and the United States, and due to the clarity of the presentation, this will be welcomed as a valuable resource by practitioners, jurists, and academics concerned with copyright protection of computer software, interoperability and the interaction between copyright and competition law.}, keywords = {Auteursrecht, Kluwer Information Law Series, Software}, }

Copyright and Electronic Commerce: Legal Aspects of Electronic Copyright Management external link

Hugenholtz, P.
Wolters Kluwer, 2000, Series: Information Law Series, ISBN: 9041197850

Abstract

The spectacular success of electronic commerce in recent years has seen an explosion in the availability of information and entertainment products on the Internet. This distribution of `content' is expected to continue as one of the major sources of growth on the Internet in the years ahead, raising concerns over the protection of content owners' rights. Concerns over the effectiveness of the copyright system in a digital environment have inspired content providers to look for alternative protection regimes or strategies. These alternatives, such as the protection afforded by contract law and information technology, comprise important elements of the Electronic Copyright Management System (ECMS), a fully automated system of secure distribution, rights management, monitoring and payment of copyright-protected content currently being developed. Perhaps the largest multidisciplinary study conducted on ECMS to date is the IMPRIMATUR project, which was subsidised by the European Commission's Esprit Programme, and for which the Institute for Information Law of the University of Amsterdam (IViR) produced a series of legal studies. This volume collects six fully revised and updated studies relating to copyright and electronic commerce which have resulted from the IViR's research. As well as examining the legal issues crucial to the development of electronic copyright management systems, the contributions address issues with wider implications for the law of copyright in general. Other aspects of information law are also considered, such as defamation, data protection, privacy and freedom of expression and information, as are general questions of contract and tort law.

Auteursrecht, Electronic commerce, Kluwer Information Law Series

Bibtex

Book{ILS8, title = {Copyright and Electronic Commerce: Legal Aspects of Electronic Copyright Management}, author = {Hugenholtz, P.}, url = {https://www.ivir.nl/publicaties/download/8_9789041176813.pdf}, year = {2000}, date = {2000-01-01}, abstract = {The spectacular success of electronic commerce in recent years has seen an explosion in the availability of information and entertainment products on the Internet. This distribution of `content\' is expected to continue as one of the major sources of growth on the Internet in the years ahead, raising concerns over the protection of content owners\' rights. Concerns over the effectiveness of the copyright system in a digital environment have inspired content providers to look for alternative protection regimes or strategies. These alternatives, such as the protection afforded by contract law and information technology, comprise important elements of the Electronic Copyright Management System (ECMS), a fully automated system of secure distribution, rights management, monitoring and payment of copyright-protected content currently being developed. Perhaps the largest multidisciplinary study conducted on ECMS to date is the IMPRIMATUR project, which was subsidised by the European Commission\'s Esprit Programme, and for which the Institute for Information Law of the University of Amsterdam (IViR) produced a series of legal studies. This volume collects six fully revised and updated studies relating to copyright and electronic commerce which have resulted from the IViR\'s research. As well as examining the legal issues crucial to the development of electronic copyright management systems, the contributions address issues with wider implications for the law of copyright in general. Other aspects of information law are also considered, such as defamation, data protection, privacy and freedom of expression and information, as are general questions of contract and tort law.}, keywords = {Auteursrecht, Electronic commerce, Kluwer Information Law Series}, }

The Future of Copyright in a Digital Environment, Proceedings of the Royal Academy Colloquium external link

Hugenholtz, P.
1996, Series: Information Law Series, ISBN: 9789041102676

Abstract

This book contains a unique collection of papers, written by the world's foremost copyright scholars and practitioners, presented at the colloquium on The Future of Copyright in a Digital Environment in Amsterdam on July, 1995. This colloquium was organized by the Royal Netherlands Academy of Sciences (KNAW) and the Institute for Information Law at the University of Amsterdam. This collection of papers is the first to cover the complete range of problems involved, including the scope of protected rights on the information superhighway, the application of exemptions and limitations, the collective administration of rights, resolving conflicts of law in an environment where territoriality is obsolete, alternatives to copyright protection and designing copyright for the future. This book will prove a useful source of information for all those investigating the profound impact of the emerging digital environment on copyright law.

Auteursrecht, Kluwer Information Law Series

Bibtex

Book{ILS4, title = {The Future of Copyright in a Digital Environment, Proceedings of the Royal Academy Colloquium}, author = {Hugenholtz, P.}, url = {https://www.ivir.nl/publicaties/download/4_9789041176479.pdf}, year = {1996}, date = {1996-01-01}, volume = {4}, pages = {}, abstract = {This book contains a unique collection of papers, written by the world\'s foremost copyright scholars and practitioners, presented at the colloquium on The Future of Copyright in a Digital Environment in Amsterdam on July, 1995. This colloquium was organized by the Royal Netherlands Academy of Sciences (KNAW) and the Institute for Information Law at the University of Amsterdam. This collection of papers is the first to cover the complete range of problems involved, including the scope of protected rights on the information superhighway, the application of exemptions and limitations, the collective administration of rights, resolving conflicts of law in an environment where territoriality is obsolete, alternatives to copyright protection and designing copyright for the future. This book will prove a useful source of information for all those investigating the profound impact of the emerging digital environment on copyright law.}, keywords = {Auteursrecht, Kluwer Information Law Series}, }

The Copyright/Trademark Interface: How the Expansion of Trademark Protection Is Stifling Cultural Creativity

Senftleben, M.
Kluwer Law International, 2020, Series: Information Law Series, ISBN: 9789403523705

Abstract

The Copyright/Trademark Interface is an exceptional analysis of the clash between culture and commerce, and the imbalances caused by protection overlaps arising from cumulative copyright and trademark protection. This book highlights the corrosive effect of indefinitely renewable trademark rights. It underscores the necessity to safeguard central preconditions for the proper functioning of the copyright system in society at large: the freedom to use pre-existing works as reference points for the artistic discourse and building blocks for new creations need to ensure the constant enrichment of the public domain. The registration of cultural icons as trademarks has become a standard protection strategy in contemporary cultural productions. It plays an augmented role in the area of cultural heritage. Attempts to register and ‘evergreen’ the protection of cultural signs, ranging from ‘Mickey Mouse’ to the ‘Mona Lisa’, are no longer unusual. This phenomenon, which is characterized by the EFTA Court as trademark registrations and is triggered by ‘commercial greed’, has become typical of an era where trademark law is employed strategically to restrain or eliminate cultural symbols from the public domain.

Auteursrecht, Kluwer Information Law Series, Merkenrecht

Bibtex

Book{nokey, title = {The Copyright/Trademark Interface: How the Expansion of Trademark Protection Is Stifling Cultural Creativity}, author = {Senftleben, M.}, year = {2020}, date = {2020-11-12}, number = {44}, abstract = {The Copyright/Trademark Interface is an exceptional analysis of the clash between culture and commerce, and the imbalances caused by protection overlaps arising from cumulative copyright and trademark protection. This book highlights the corrosive effect of indefinitely renewable trademark rights. It underscores the necessity to safeguard central preconditions for the proper functioning of the copyright system in society at large: the freedom to use pre-existing works as reference points for the artistic discourse and building blocks for new creations need to ensure the constant enrichment of the public domain. The registration of cultural icons as trademarks has become a standard protection strategy in contemporary cultural productions. It plays an augmented role in the area of cultural heritage. Attempts to register and ‘evergreen’ the protection of cultural signs, ranging from ‘Mickey Mouse’ to the ‘Mona Lisa’, are no longer unusual. This phenomenon, which is characterized by the EFTA Court as trademark registrations and is triggered by ‘commercial greed’, has become typical of an era where trademark law is employed strategically to restrain or eliminate cultural symbols from the public domain.}, keywords = {Auteursrecht, Kluwer Information Law Series, Merkenrecht}, }

Protecting Works of Fact: Copyright, Freedom of Expression and Information Law external link

Dommering, E. & Hugenholtz, P.
Kluwer Law International, 1991, Series: Information Law Series, ISBN: 9789065445674

Abstract

With the year 2000 in sight, the information industry is changing into second gear. New information services are introduced each day, using telecommunications networks or newly developed carrier media. Factual information, such as stock market data, weather reports, topographical data and business news, is rapidly becoming a very valuable commodity. And wherever business is booming, piracy is looming. Can copyright law provide adequate protection? Is there a conflict between a copyright in works of fact and the freedom of expression? Are information monopolies compatible with the EEC Treaty? 'Protecting Works of Fact' is about these and other dilemma's of information law. The book contains a collection of articles written by legal scholars and practitioners. Most articles were originally presented at the `Copyright in Information' conference of the Institute for Information Law (University of Amsterdam), which was held in Amsterdam on December 1, 1989. In addition, the book contains a general introduction to information law.

Auteursrecht, Informatierecht, Kluwer Information Law Series, Vrijheid van meningsuiting

Bibtex

Book{nokey, title = {Protecting Works of Fact: Copyright, Freedom of Expression and Information Law}, author = {Dommering, E. and Hugenholtz, P.}, url = {https://www.ivir.nl/publicaties/download/1_9789041180742.pdf}, year = {1991}, date = {1991-01-01}, volume = {1}, pages = {}, abstract = {With the year 2000 in sight, the information industry is changing into second gear. New information services are introduced each day, using telecommunications networks or newly developed carrier media. Factual information, such as stock market data, weather reports, topographical data and business news, is rapidly becoming a very valuable commodity. And wherever business is booming, piracy is looming. Can copyright law provide adequate protection? Is there a conflict between a copyright in works of fact and the freedom of expression? Are information monopolies compatible with the EEC Treaty? \'Protecting Works of Fact\' is about these and other dilemma\'s of information law. The book contains a collection of articles written by legal scholars and practitioners. Most articles were originally presented at the `Copyright in Information\' conference of the Institute for Information Law (University of Amsterdam), which was held in Amsterdam on December 1, 1989. In addition, the book contains a general introduction to information law.}, keywords = {Auteursrecht, Informatierecht, Kluwer Information Law Series, Vrijheid van meningsuiting}, }

Copyright, Limitations and the Three-step test. An Analysis of the Three-Step Test in International and EC Copyright Law external link

Senftleben, M.
2004

Abstract

The three-step test - by which limitations on exclusive copyrights are confined to 'certain special cases' which do not conflict with a 'normal exploitation of the work' and do not 'unreasonably prejudice the legitimate interests of the author'- is among the most enduring of standards affecting limitations on intellectual property rights. Its field of application is the delicate balance between exclusive rights and sufficient breathing space for the free flow of ideas and information. However, the emerging information society has thrown numerous unforeseen obstacles in the once-clear path of its implementation. Can the traditional balance between grants and reservations of copyright law be recalibrated along the lines of the three-step test in order to meet current and future needs? Controversies over this crucial question - in Europe, the U.S., Australia, and elsewhere, as well as in two significant WTO panels in 2002 - have brought the three-step test into focus, the essential principle governing copyright limitations in the information society. Investigating the development, structure, and function of the three-step test in international copyright law with thoroughness and precision, Copyright, Limitations and the Three-Step Test offers a close and insightful analysis of its continuing utility for the twenty-first century. The book includes: - viable restatements of the rationales of copyright protection for the emerging IP environment; - new insights into the relationship between copyright protection and copyright limitations; - in-depth explanation of the structure and functioning of the three-step test; - detailed interpretations of each criterion of the test; - discussion of the two WTO panel reports dealing with the test; - a proposal for the further improvement of the copyright system and the international rules governing copyright law; - detailed information about international conference material concerning the test; and - discussion of potential future trends in copyright law. The author provides many examples that demonstrate the test's impact on different types of limitations, such as private use privileges and the U.S. fair use doctrine. He explains the test's role in the European Copyright Directive. The detailed examination and explanation of the three-step test will be of extraordinary value to policymakers, judges, and lawyers in the field of intellectual property law seeking to react adequately to the challenges of the digital environment.

Auteursrecht, Kluwer Information Law Series

Bibtex

PhD Thesis{nokey, title = {Copyright, Limitations and the Three-step test. An Analysis of the Three-Step Test in International and EC Copyright Law}, author = {Senftleben, M.}, url = {https://pure.uva.nl/ws/files/3645247/37378_Thesis.pdf}, year = {2004}, date = {2004-02-17}, abstract = {The three-step test - by which limitations on exclusive copyrights are confined to \'certain special cases\' which do not conflict with a \'normal exploitation of the work\' and do not \'unreasonably prejudice the legitimate interests of the author\'- is among the most enduring of standards affecting limitations on intellectual property rights. Its field of application is the delicate balance between exclusive rights and sufficient breathing space for the free flow of ideas and information. However, the emerging information society has thrown numerous unforeseen obstacles in the once-clear path of its implementation. Can the traditional balance between grants and reservations of copyright law be recalibrated along the lines of the three-step test in order to meet current and future needs? Controversies over this crucial question - in Europe, the U.S., Australia, and elsewhere, as well as in two significant WTO panels in 2002 - have brought the three-step test into focus, the essential principle governing copyright limitations in the information society. Investigating the development, structure, and function of the three-step test in international copyright law with thoroughness and precision, Copyright, Limitations and the Three-Step Test offers a close and insightful analysis of its continuing utility for the twenty-first century. The book includes: - viable restatements of the rationales of copyright protection for the emerging IP environment; - new insights into the relationship between copyright protection and copyright limitations; - in-depth explanation of the structure and functioning of the three-step test; - detailed interpretations of each criterion of the test; - discussion of the two WTO panel reports dealing with the test; - a proposal for the further improvement of the copyright system and the international rules governing copyright law; - detailed information about international conference material concerning the test; and - discussion of potential future trends in copyright law. The author provides many examples that demonstrate the test\'s impact on different types of limitations, such as private use privileges and the U.S. fair use doctrine. He explains the test\'s role in the European Copyright Directive. The detailed examination and explanation of the three-step test will be of extraordinary value to policymakers, judges, and lawyers in the field of intellectual property law seeking to react adequately to the challenges of the digital environment.}, keywords = {Auteursrecht, Kluwer Information Law Series}, }

EU copyright law round up – third trimester of 2021 external link

Trapova, A. & Quintais, J.
Kluwer Copyright Blog, 2021

Auteursrecht, frontpage

Bibtex

Online publication{Trapova2021c, title = {EU copyright law round up – third trimester of 2021}, author = {Trapova, A. and Quintais, J.}, url = {http://copyrightblog.kluweriplaw.com/2021/10/07/eu-copyright-law-round-up-third-trimester-of-2021/}, year = {1007}, date = {2021-10-07}, journal = {Kluwer Copyright Blog}, keywords = {Auteursrecht, frontpage}, }