Keyword: EU

Between the cracks: Blind spots in regulating media concentration and platform dependence in the EU external link

Seipp, T., Helberger, N., Vreese, C.H. de & Ausloos, J.
Internet Policy Review, vol. 13, iss. : 4, 2024

Abstract

Alongside the recent regulations addressing platforms and digital markets – the Digital Services Act (DSA) and the Digital Markets Act (DMA) – the European Union’s (EU) European Media Freedom Act (EMFA) aims to safeguard media freedom and pluralism, two essential pillars of democracy. The EMFA introduces several provisions, including rules specifically focused on assessing media concentration in "the online environment". While these initiatives are commendable, there are noticeable blind spots in how EU regulations tackle the issues of dependence on, and the power of, platforms amidst the rising trend of media concentration. An essential aspect that needs attention is the technological power of these platforms, underpinned by their economic and political power. We find that neither the infrastructural power of platforms – transforming them from “gatekeepers” to “digital infrastructure and AI providers” – nor their relational power – creating imbalances and dependencies while posing sustainability challenges for (local) journalism – are effectively addressed in the current EU regulatory frameworks, despite both forms of power driving digital media concentration. The article then concludes with recommendations for a way forward capable of preserving values such as media pluralism and editorial independence.

EU, media concentration, Media law, Platforms, Regulation

Bibtex

Article{nokey, title = {Between the cracks: Blind spots in regulating media concentration and platform dependence in the EU}, author = {Seipp, T. and Helberger, N. and Vreese, C.H. de and Ausloos, J.}, url = {https://policyreview.info/articles/analysis/regulating-media-concentration-and-platform-dependence}, doi = {https://doi.org/10.14763/2024.4.1813 }, year = {2024}, date = {2024-11-14}, journal = {Internet Policy Review}, volume = {13}, issue = {4}, pages = {}, abstract = {Alongside the recent regulations addressing platforms and digital markets – the Digital Services Act (DSA) and the Digital Markets Act (DMA) – the European Union’s (EU) European Media Freedom Act (EMFA) aims to safeguard media freedom and pluralism, two essential pillars of democracy. The EMFA introduces several provisions, including rules specifically focused on assessing media concentration in \"the online environment\". While these initiatives are commendable, there are noticeable blind spots in how EU regulations tackle the issues of dependence on, and the power of, platforms amidst the rising trend of media concentration. An essential aspect that needs attention is the technological power of these platforms, underpinned by their economic and political power. We find that neither the infrastructural power of platforms – transforming them from “gatekeepers” to “digital infrastructure and AI providers” – nor their relational power – creating imbalances and dependencies while posing sustainability challenges for (local) journalism – are effectively addressed in the current EU regulatory frameworks, despite both forms of power driving digital media concentration. The article then concludes with recommendations for a way forward capable of preserving values such as media pluralism and editorial independence.}, keywords = {EU, media concentration, Media law, Platforms, Regulation}, }

TDM: Poland challenges the rule of EU copyright law external link

Keller, P.
Kluwer Copyright Blog, 2024

Copyright, EU, Poland, text and data mining

Bibtex

Online publication{nokey, title = {TDM: Poland challenges the rule of EU copyright law}, author = {Keller, P.}, url = {https://copyrightblog.kluweriplaw.com/2024/02/20/tdm-poland-challenges-the-rule-of-eu-copyright-law/}, year = {2024}, date = {2024-02-20}, journal = {Kluwer Copyright Blog}, keywords = {Copyright, EU, Poland, text and data mining}, }

Territoriality and the Quest for a Unitary Copyright Title external link

van Eechoud, M.
IIC, vol. 55, pp: 66-88, 2024

Abstract

After 30 years of harmonization at EU level, copyright and related rights remain decidedly territorial in scope. This is despite the continuous quest for an internal market and the profound impact on cross-border creation, dissemination and use of cultural content. This contribution recounts the outcome of research done on territoriality in the context of the ReCreating Europe project. It discusses why national territorial rights persist, what type of legal mechanisms the EU legislature employs to address the adverse effects of territoriality, and sketches a number of models for a unitary title based on Art. 118 TFEU which could be explored going forward.

Art. 118 TFEU, Copyright, EU, territoriality, unitary title

Bibtex

Article{nokey, title = {Territoriality and the Quest for a Unitary Copyright Title}, author = {van Eechoud, M.}, url = {https://link.springer.com/article/10.1007/s40319-023-01412-w}, doi = {https://doi.org/10.1007/s40319-023-01412-w}, year = {2024}, date = {2024-02-01}, journal = {IIC}, volume = {55}, pages = {66-88}, abstract = {After 30 years of harmonization at EU level, copyright and related rights remain decidedly territorial in scope. This is despite the continuous quest for an internal market and the profound impact on cross-border creation, dissemination and use of cultural content. This contribution recounts the outcome of research done on territoriality in the context of the ReCreating Europe project. It discusses why national territorial rights persist, what type of legal mechanisms the EU legislature employs to address the adverse effects of territoriality, and sketches a number of models for a unitary title based on Art. 118 TFEU which could be explored going forward.}, keywords = {Art. 118 TFEU, Copyright, EU, territoriality, unitary title}, }

EU copyright law round up – fourth trimester of 2023 external link

Trapova, A. & Quintais, J.
Kluwer Copyright Blog, 2024

Artificial intelligence, Copyright, EU

Bibtex

Online publication{nokey, title = {EU copyright law round up – fourth trimester of 2023}, author = {Trapova, A. and Quintais, J.}, url = {https://copyrightblog.kluweriplaw.com/2024/01/04/eu-copyright-law-round-up-fourth-trimester-of-2023/}, year = {2024}, date = {2024-01-04}, journal = {Kluwer Copyright Blog}, keywords = {Artificial intelligence, Copyright, EU}, }

AI Music Outputs: Challenges to the Copyright Legal Framework download

Bulayenko, O., Quintais, J., Gervais, D.J. & Poort, J.
2022

Abstract

This report examines the application of EU copyright and related rights law to outputs generated by or with the assistance of artificial intelligence (AI) systems, tools or techniques (AI outputs), with a focus on outputs in the musical domain. The Report examines the question: How can and should EU copyright and related rights law protect AI musical outputs? The interdisciplinary (legal and empirical) research involves: (i) analyzing of the protection of AI outputs under EU copyright and related rights law; (ii) examining the attribution of authorship and ownership to (natural and legal) persons involved in the creation or production of AI outputs; (iii) proposing interpretative guidelines and policy recommendations on increasing legal certainty regarding the protection, authorship, and ownership of copyright and related rights over AI outputs, especially music outputs.

Artificial intelligence, computer-generated works, Copyright, EU, Intellectual property, music, originality, related rights

Bibtex

Report{nokey, title = {AI Music Outputs: Challenges to the Copyright Legal Framework}, author = {Bulayenko, O. and Quintais, J. and Gervais, D.J. and Poort, J.}, url = {https://www.ivir.nl/nl/publications/ai-music-outputs-challenges-to-the-copyright-legal-framework/870626_d3-5-final-report-on-the-impact-of-ia-authorship_formatted-1/}, doi = {https://doi.org/10.5281/zenodo.6405796}, year = {2022}, date = {2022-04-01}, abstract = {This report examines the application of EU copyright and related rights law to outputs generated by or with the assistance of artificial intelligence (AI) systems, tools or techniques (AI outputs), with a focus on outputs in the musical domain. The Report examines the question: How can and should EU copyright and related rights law protect AI musical outputs? The interdisciplinary (legal and empirical) research involves: (i) analyzing of the protection of AI outputs under EU copyright and related rights law; (ii) examining the attribution of authorship and ownership to (natural and legal) persons involved in the creation or production of AI outputs; (iii) proposing interpretative guidelines and policy recommendations on increasing legal certainty regarding the protection, authorship, and ownership of copyright and related rights over AI outputs, especially music outputs.}, keywords = {Artificial intelligence, computer-generated works, Copyright, EU, Intellectual property, music, originality, related rights}, }

The new rules for export control of cyber-surveillance items in the EU external link

van Daalen, O., van Hoboken, J., Koot, M. & Rucz, M.
2021

EU, Informatierecht, Internet, Surveillance

Bibtex

Report{Daalen2021, title = {The new rules for export control of cyber-surveillance items in the EU}, author = {van Daalen, O. and van Hoboken, J. and Koot, M. and Rucz, M.}, url = {https://www.ivir.nl/publicaties/download/Report-on-cybersurveillance-items.pdf}, year = {0617}, date = {2021-06-17}, keywords = {EU, Informatierecht, Internet, Surveillance}, }

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

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

Auteursrecht, EU, frontpage

Bibtex

Article{nokey, title = {EU copyright law round up – fourth trimester of 2021}, author = {Trapova, A. and Quintais, J.}, url = {http://copyrightblog.kluweriplaw.com/2021/12/27/eu-copyright-law-round-up-fourth-trimester-of-2021/}, year = {1227}, date = {2021-12-27}, journal = {Kluwer Copyright Blog}, keywords = {Auteursrecht, EU, frontpage}, }

What Member States can learn from the AG opinion on Article 17 external link

Reda, J. & Keller, P.
Kluwer Copyright Blog, 2021

Article 17, Auteursrecht, EU, frontpage

Bibtex

Article{Reda2021b, title = {What Member States can learn from the AG opinion on Article 17}, author = {Reda, J. and Keller, P.}, url = {http://copyrightblog.kluweriplaw.com/2021/07/26/what-member-states-can-learn-from-the-ag-opinion-on-article-17/}, year = {0727}, date = {2021-07-27}, journal = {Kluwer Copyright Blog}, keywords = {Article 17, Auteursrecht, EU, frontpage}, }

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

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

Auteursrecht, EU, frontpage

Bibtex

Article{Trapova2021b, title = {EU copyright law round up – first trimester of 2021}, author = {Trapova, A. and Quintais, J.}, url = {http://copyrightblog.kluweriplaw.com/2021/04/06/eu-copyright-law-round-up-first-trimester-of-2021/}, year = {0407}, date = {2021-04-07}, journal = {Kluwer Copyright Blog}, keywords = {Auteursrecht, EU, frontpage}, }

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}, }