Keyword: CJEU

“Reformist Departure”: Questions Referred by the Bundesgerichtshof to the CJEU on the Reporting of Current Events and Quotation Exceptions external link

Zeybek, B.
Kluwer Copyright Blog, 2018

Abstract

The exceptions for reporting of current events and quotation facilitate the functioning of the media. On 27 July 2017, the Bundesgerichtshof (BGH) submitted several questions to the Court of Justice of the EU (CJEU or Court) on the balance between copyright exceptions and the fundamental freedoms of information and the media, as well as the exceptions for quotation and reporting of current events. In answering these questions, the CJEU may well shed light on the open-ended drafting of these exceptions.

Auteursrecht, case law, CJEU, European Union, frontpage, Germany, infringement, limitations

Bibtex

Article{Zeybek2018, title = {“Reformist Departure”: Questions Referred by the Bundesgerichtshof to the CJEU on the Reporting of Current Events and Quotation Exceptions}, author = {Zeybek, B.}, url = {http://copyrightblog.kluweriplaw.com/2018/02/12/reformist-departure-questions-referred-bundesgerichtshof-cjeu-reporting-current-events-quotation-exceptions/}, year = {0213}, date = {2018-02-13}, journal = {Kluwer Copyright Blog}, abstract = {The exceptions for reporting of current events and quotation facilitate the functioning of the media. On 27 July 2017, the Bundesgerichtshof (BGH) submitted several questions to the Court of Justice of the EU (CJEU or Court) on the balance between copyright exceptions and the fundamental freedoms of information and the media, as well as the exceptions for quotation and reporting of current events. In answering these questions, the CJEU may well shed light on the open-ended drafting of these exceptions.}, keywords = {Auteursrecht, case law, CJEU, European Union, frontpage, Germany, infringement, limitations}, }

Should taste be subject to copyright protection? Heksenkaas will tell us. external link

Coche, E.
2018

Auteursrecht, bescherming, CJEU, frontpage, heksenkaas, nederland, originaliteit

Bibtex

Online publication{Coche2018, title = {Should taste be subject to copyright protection? Heksenkaas will tell us.}, author = {Coche, E.}, url = {http://copyrightblog.kluweriplaw.com/2018/01/31/taste-subject-copyright-protection-heksenkaas-will-tell-us/}, year = {0202}, date = {2018-02-02}, keywords = {Auteursrecht, bescherming, CJEU, frontpage, heksenkaas, nederland, originaliteit}, }

Copyright in the Age of Online Access: Alternative Compensation Systems in EU Law external link

Quintais, J.
Kluwer Law International, 2017, Series: Information Law Series, ISBN: 9789041186676

Abstract

This book examines pragmatic legal solutions that enable Internet users to access works in the digital environment by exploring the flexibilities in EU copyright law in search of a consistent regulation of non-commercial online use. In addition to proving virtually impossible, online enforcement of copyright may be undesirable because it risks encroaching upon fundamental rights and freedoms. However, the problem remains that creators are often not fairly remunerated for the online use of their works. This book addresses the need for legalisation schemes that favour remunerated access over exclusivity and enforcement for large-scale online use by individuals, while assuring remuneration to rights holders and promoting the development of the information society.

Berne Convention, Charter of Fundamental Rights of the European Union, CJEU, collective rights management, communication to the public right, compensation systems, Copyright, Digital Single Market, EU copyright law, exceptions and limitations, fair balance, Internet, Kluwer Information Law Series, online intermediaries

Bibtex

Book{Quintais2017, title = {Copyright in the Age of Online Access: Alternative Compensation Systems in EU Law}, author = {Quintais, J.}, url = {https://pure.uva.nl/ws/files/7607912/QUINTAIS_Doctoral_Dissertation_Final_Manuscript.pdf}, year = {2017}, date = {2017-05-29}, volume = {40}, pages = {}, abstract = {This book examines pragmatic legal solutions that enable Internet users to access works in the digital environment by exploring the flexibilities in EU copyright law in search of a consistent regulation of non-commercial online use. In addition to proving virtually impossible, online enforcement of copyright may be undesirable because it risks encroaching upon fundamental rights and freedoms. However, the problem remains that creators are often not fairly remunerated for the online use of their works. This book addresses the need for legalisation schemes that favour remunerated access over exclusivity and enforcement for large-scale online use by individuals, while assuring remuneration to rights holders and promoting the development of the information society.}, keywords = {Berne Convention, Charter of Fundamental Rights of the European Union, CJEU, collective rights management, communication to the public right, compensation systems, Copyright, Digital Single Market, EU copyright law, exceptions and limitations, fair balance, Internet, Kluwer Information Law Series, online intermediaries}, }

Notice-and-fair-balance: how to reach a compromise between fundamental rights in European intermediary liability external link

Angelopoulos, C. & Smet, S.
Journal of Media Law, vol. 8, num: 2, pp: 266-301, 2017

Abstract

In recent years, Europe’s highest courts have searched for the answer to the problem of intermediary liability in the notion of a ‘fair balance’ between competing fundamental rights. At the same time, the ‘notice-and-takedown’ system, which first emerged as a solution to intermediary liability in the 1990s, has spread across the globe, transforming along the way into an assortment of ‘notice-and-action’ variants that differ from country to country. In this article, we seek to examine how both these approaches to the intermediary liability question can be usefully combined. Interpreting ‘fair balance’ as a call for compromise, we propose a move away from the traditional ‘horizontal’ approach of the EU's safe harbour regime, towards a more ‘vertical’ scheme, whereby distinct ‘actions’ are tailored to diverse wrong-doings: notice-and-notice for copyright, notice-wait-and-takedown for defamation and notice-and-takedown and notice-and-suspension for hate speech. Notice-and-judicial-take-down can function as a complementary all-purpose solution. Automatic takedown and notice-and-stay-down are applicable exclusively to child pornography. We suggest that the resulting calibrated system can contribute to achieving a truer ‘fair balance’ in this difficult area of law.

CJEU, ECtHR, fair balance, frontpage, Fundamental rights, intermediary liability, notice-and-action

Bibtex

Article{Angelopoulos2017, title = {Notice-and-fair-balance: how to reach a compromise between fundamental rights in European intermediary liability}, author = {Angelopoulos, C. and Smet, S.}, url = {https://www.ivir.nl/publicaties/download/Notice_and_Fair_Balance.pdf}, doi = {https://doi.org/http://dx.doi.org/10.1080/17577632.2016.1240957}, year = {0214}, date = {2017-02-14}, journal = {Journal of Media Law}, volume = {8}, number = {2}, pages = {266-301}, abstract = {In recent years, Europe’s highest courts have searched for the answer to the problem of intermediary liability in the notion of a ‘fair balance’ between competing fundamental rights. At the same time, the ‘notice-and-takedown’ system, which first emerged as a solution to intermediary liability in the 1990s, has spread across the globe, transforming along the way into an assortment of ‘notice-and-action’ variants that differ from country to country. In this article, we seek to examine how both these approaches to the intermediary liability question can be usefully combined. Interpreting ‘fair balance’ as a call for compromise, we propose a move away from the traditional ‘horizontal’ approach of the EU\'s safe harbour regime, towards a more ‘vertical’ scheme, whereby distinct ‘actions’ are tailored to diverse wrong-doings: notice-and-notice for copyright, notice-wait-and-takedown for defamation and notice-and-takedown and notice-and-suspension for hate speech. Notice-and-judicial-take-down can function as a complementary all-purpose solution. Automatic takedown and notice-and-stay-down are applicable exclusively to child pornography. We suggest that the resulting calibrated system can contribute to achieving a truer ‘fair balance’ in this difficult area of law.}, keywords = {CJEU, ECtHR, fair balance, frontpage, Fundamental rights, intermediary liability, notice-and-action}, }