Does the doctrine of exhaustion apply to videogames purchased digitally? French court says oui

Does the doctrine of exhaustion apply to videogames purchased digitally? French court says oui external link

Rucz, M.

Kluwer Copyright Blog, 2019

Bibtex

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

Husovec, M. & Quintais, J.

2019

Abstract

How can the EU Member States license Article 17 of the new Directive on copyright and related rights in the Digital Single Market? This is the central question that this paper addresses. To answer it, we first analyse the nature of the right included in Article 17. We argue that the nature of the right has a number of serious consequences for its licensing. First, it determines whether the right is mandated by public international law, and hence what licensing modalities are allowed under the 1994 WTO TRIPS Agreement and 1996 WIPO treaties. Second, it clarifies what other conditions European Union law itself imposes on the newly established right and its implementation into national law. These restraints shape the margin of discretion of EU Member States. Third, it may imply changes to existing licensing practices, including the need for collective rights management organisations to obtain new mandates. Fourth, it influences how Member States can incorporate users’ rights into the legal framework. We argue that Article 17 is a special or sui generis right. We identify how this right fits the existing international and EU law, and explain why the Member States have a broad margin of discretion when implementing the corresponding licensing regimes. Perhaps most importantly, and counter-intuitively, we show that the legal arguments against Article 17 licensing via modalities of statutory licensing and mandatory collective management schemes are weaker than one might initially think.

Bibtex

Article{Husovec2019,
	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},
	year = {1003},
	date = {2019-10-03},
	abstract = {How can the EU Member States license Article 17 of the new Directive on copyright and related rights in the Digital Single Market? This is the central question that this paper addresses. To answer it, we first analyse the nature of the right included in Article 17. We argue that the nature of the right has a number of serious consequences for its licensing. First, it determines whether the right is mandated by public international law, and hence what licensing modalities are allowed under the 1994 WTO TRIPS Agreement and 1996 WIPO treaties. Second, it clarifies what other conditions European Union law itself imposes on the newly established right and its implementation into national law. These restraints shape the margin of discretion of EU Member States. Third, it may imply changes to existing licensing practices, including the need for collective rights management organisations to obtain new mandates. Fourth, it influences how Member States can incorporate users’ rights into the legal framework. We argue that Article 17 is a special or sui generis right. We identify how this right fits the existing international and EU law, and explain why the Member States have a broad margin of discretion when implementing the corresponding licensing regimes. Perhaps most importantly, and counter-intuitively, we show that the legal arguments against Article 17 licensing via modalities of statutory licensing and mandatory collective management schemes are weaker than one might initially think.},
	keywords = {Article 17, Copyright, DMS Directive, frontpage, Licensing, ontent sharing service providers, Platforms},
}

Neighbouring Rights are Obsolete external link

Hugenholtz, P.

IIC - International Review of Intellectual Property and Competition Law, 2019

Bibtex

The Decline of Online Piracy: How Markets – Not Enforcement – Drive Down Copyright Infringement external link

Quintais, J. & Poort, J.

American University International Law Review, vol. 34, num: 4, pp: 807-876, 2019

Abstract

This article deals with the acquisition and consumption of music, films, series, books, and games through the various legal and illegal channels that exist nowadays, in a set of thirteen countries across the globe. The article has four aims. First, it provides an overview of the rules on liability for and enforcement of online copyright infringement in the countries studied. Second, it gives factual information about the state of authorized and unauthorized acquisition and consumption of these types of content. The third aim is to evaluate the underlying mechanisms and the link with enforcement measures and legal supply. Lastly, the article assesses the effect of online piracy on consumption from legal sources. To further these aims, the article combines different sources and empirical methods, including consumer surveys among nearly 35.000 respondents and comparative legal research. Our main conclusion is that online piracy is declining. The key driver for this decline is the increasing availability of affordable legal content, rather than enforcement measures. Where the legal supply of copyright-protected content is affordable, convenient and diverse, consumers are willing to pay for it and abandon piracy. Policymakers should therefore shift their focus from repressive approaches to tackle online infringement towards policies and measures that foster lawful remunerated access to copyright-protected content.

Bibtex

Article{Quintais2019f,
	title = {The Decline of Online Piracy: How Markets – Not Enforcement – Drive Down Copyright Infringement},
	author = {Quintais, J. and Poort, J.},
	url = {https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3437239},
	year = {0820},
	date = {2019-08-20},
	journal = {American University International Law Review},
	volume = {34},
	number = {4},
	pages = {807-876},
	abstract = {This article deals with the acquisition and consumption of music, films, series, books, and games through the various legal and illegal channels that exist nowadays, in a set of thirteen countries across the globe. The article has four aims. First, it provides an overview of the rules on liability for and enforcement of online copyright infringement in the countries studied. Second, it gives factual information about the state of authorized and unauthorized acquisition and consumption of these types of content. The third aim is to evaluate the underlying mechanisms and the link with enforcement measures and legal supply. Lastly, the article assesses the effect of online piracy on consumption from legal sources. To further these aims, the article combines different sources and empirical methods, including consumer surveys among nearly 35.000 respondents and comparative legal research. Our main conclusion is that online piracy is declining. The key driver for this decline is the increasing availability of affordable legal content, rather than enforcement measures. Where the legal supply of copyright-protected content is affordable, convenient and diverse, consumers are willing to pay for it and abandon piracy. Policymakers should therefore shift their focus from repressive approaches to tackle online infringement towards policies and measures that foster lawful remunerated access to copyright-protected content.},
	keywords = {consumer survey, Copyright, enforcement, frontpage, intermediary liability, piracy},
}

The New Copyright in the Digital Single Market Directive: A Critical Look external link

Quintais, J.

European Intellectual Property Review, vol. 42, num: 1, pp: 28-41, 2020

Abstract

This article provides an overview and critical examination of the new Directive on copyright and related rights in the Digital Single Market. Despite some positive aspects, the Directive includes multiple problematic provisions, including the controversial new right for press publishers and the new liability regime for content-sharing platforms. On balance, the Directive denotes a normative preference for private ordering over public choice in EU copyright law, and lacks adequate safeguards for users. It is also a complex text with multiple ambiguities, which will likely fail promote the desired harmonization and legal certainty in this area.

Bibtex

Article{Quintais2019e,
	title = {The New Copyright in the Digital Single Market Directive: A Critical Look},
	author = {Quintais, J.},
	url = {https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3424770},
	year = {0107},
	date = {2020-01-07},
	journal = {European Intellectual Property Review},
	volume = {42},
	number = {1},
	pages = {28-41},
	abstract = {This article provides an overview and critical examination of the new Directive on copyright and related rights in the Digital Single Market. Despite some positive aspects, the Directive includes multiple problematic provisions, including the controversial new right for press publishers and the new liability regime for content-sharing platforms. On balance, the Directive denotes a normative preference for private ordering over public choice in EU copyright law, and lacks adequate safeguards for users. It is also a complex text with multiple ambiguities, which will likely fail promote the desired harmonization and legal certainty in this area.},
	keywords = {Collective licensing, Copyright, digital content, Digital Single Market, EU law, exceptions and limitations, frontpage, Licensing, Online services, text and data mining},
}

Can Machines be Authors? external link

Gervais, D.J.

Kluwer Copyright Blog, vol. 2019, 2019

Advocate General Turns down the Music – Sampling Is Not a Fundamental Right under EU Copyright Law external link

Jütte, B. & Quintais, J.

European Intellectual Property Review , vol. 41, num: 10, pp: 654-657, 2019

Abstract

In his Opinion in Pelham (C-467/17) Advocate General Szpunar suggests that the use of samples from sound recordings is not permitted under the European copyright rules. While applying an extensive interpretation of the scope of the rights of phonogram producers, he rejects an extensive interpretation of the quotation exception and limits the role of fundamental rights as external checks to copyright law. Despite its merits, there are key aspects of the Opinion that raise concerns: a too broad interpretation of the reproduction right; and an unduly strict view of copyright exceptions – especially quotation – and the role of fundamental rights in shaping the scope of copyright protection. On those points, we suggest that the Court does not follow the Opinion.

Bibtex

Article{Jütte2019,
	title = {Advocate General Turns down the Music – Sampling Is Not a Fundamental Right under EU Copyright Law},
	author = {Jütte, B. and Quintais, J.},
	url = {https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3377205},
	year = {2019},
	date = {2019-05-09},
	journal = {European Intellectual Property Review },
	volume = {41},
	number = {10},
	pages = {654-657},
	abstract = {In his Opinion in Pelham (C-467/17) Advocate General Szpunar suggests that the use of samples from sound recordings is not permitted under the European copyright rules. While applying an extensive interpretation of the scope of the rights of phonogram producers, he rejects an extensive interpretation of the quotation exception and limits the role of fundamental rights as external checks to copyright law. Despite its merits, there are key aspects of the Opinion that raise concerns: a too broad interpretation of the reproduction right; and an unduly strict view of copyright exceptions – especially quotation – and the role of fundamental rights in shaping the scope of copyright protection. On those points, we suggest that the Court does not follow the Opinion.},
	keywords = {Copyright, EU law, Freedom of expression, frontpage, Fundamental rights, limitations and exceptions, music sampling},
}

German Federal Court of Justice asks CJEU if YouTube is directly liable for user-uploaded content external link

Mil, J. van

Journal of Intellectual Property Law & Practice , vol. 14, num: 5, pp: 355-356, 2019

Bibtex

The EU Counterfeit & Piracy Watch List: political aims and legal challenges external link

Delinavelli, G.

Bibtex

An alternative universe? Authors as copyright owners- the case of the Japanese Manga Industry external link

Schroff, S.

Creative Industries Journal, vol. 2019, 2019

Abstract

Comics today are a major business and they form the source material for a whole range of sectors in the creative industries. In an environment where major investments are necessary to turn a comic into a cross-media success, commercial intermediaries such as Disney have become the key copyright holders. By controlling the copyright, they ensure full control over all aspects of its monetisation. However, this is not the only way success can be achieved on a commercial scale. In Japan, the creators of comics (Mangaka) keep their copyright- a direct contradiction to current copyright thinking. This paper addresses this conundrum by examining both the Manga business and copyright law to identify if the reasons why copyright is not centralised in the hands of the commercial intermediary, especially the publishers. The analysis will show that while there are differences between Japan and the EU/US, but these do not affect the role of copyright law and indeed failing to acquire the rights is a choice, not a necessity. Instead, this article will highlight that the competitive Manga market in combination with the uniquely Japanese publication right and social control best explain why Mangas are successful and Mangaka keep their rights.

Bibtex

Article{Schroff2019,
	title = {An alternative universe? Authors as copyright owners- the case of the Japanese Manga Industry},
	author = {S. and Schroff},
	url = {https://www.tandfonline.com/doi/full/10.1080/17510694.2018.1563420},
	year = {0131},
	date = {2019-01-31},
	journal = {Creative Industries Journal},
	volume = {2019},
	abstract = {Comics today are a major business and they form the source material for a whole range of sectors in the creative industries. In an environment where major investments are necessary to turn a comic into a cross-media success, commercial intermediaries such as Disney have become the key copyright holders. By controlling the copyright, they ensure full control over all aspects of its monetisation. However, this is not the only way success can be achieved on a commercial scale. In Japan, the creators of comics (Mangaka) keep their copyright- a direct contradiction to current copyright thinking. This paper addresses this conundrum by examining both the Manga business and copyright law to identify if the reasons why copyright is not centralised in the hands of the commercial intermediary, especially the publishers. The analysis will show that while there are differences between Japan and the EU/US, but these do not affect the role of copyright law and indeed failing to acquire the rights is a choice, not a necessity. Instead, this article will highlight that the competitive Manga market in combination with the uniquely Japanese publication right and social control best explain why Mangas are successful and Mangaka keep their rights.},
	keywords = {business model, commercial intermediaries, Copyright, frontpage, Japan, Manga, windowing strategy},
}

Keyword: Copyright