Public Service Media and Cultural Diversity: European Regulatory and Governance Frameworks external link

Abstract

By virtue of their core philosophy, mandate and typical status in most countries, public service broadcasters (PSBs) are ideally suited to act as vectors for the promotion of cultural diversity. They are equally well-suited to provide shared forums in which a range of different cultures can interact, be explored and, indeed, contested. Notwithstanding the difficulties involved in defining the notion of cultural diversity, various promotional strategies may viably be employed by PSBs. Such strategies include the safeguarding of access for discrete cultural groups to editorial, production and other structures and processes. They could also include measures to ensure that programming and other related services targeting culturally diverse audiences correspond to the audiences’ actual needs and preferences – in qualitative and quantitative terms. In doing so, relevant approaches should seek to balance the needs and preferences of discrete societal groups against the needs and preferences of a more complex societal whole.   
The emergence of new technological and communicative possibilities and paradigms has prompted conceptual and terminological shifts within the European audio-visual sector. PSBs are nowadays expected to operate across an array of technological platforms in order to perpetuate their traditional position of prominence in a rapidly changing and already highly diversified mediascape. This is evidenced by an increasing tendency to frame relevant regulatory discussions in terms of public service media (as opposed to broadcasting in the traditional sense of the word), value(s) and governance.
The existing European regulatory framework for public service broadcasting/media is extensive and spans legal and policy instruments emanating primarily from the European Union and the Council of Europe, but also including standard-setting measures from other intergovernmental organizations (IGOs) such as UNESCO (United Nations Educational, Scientific and Cultural Organization) and, to a lesser extent, the Organization for Security and Co-operation in Europe (OSCE). Even within the European Union and the Council of Europe, differences of focus and emphasis may readily be detected across the most salient instruments. They engage with the issues highlighted in the preceding paragraphs to varying extents.
The principal aim of this chapter is to present a panorama of regulatory instruments applicable at the European level and to assess their overall coherence. The significance of selected examples of divergence in the broader regulatory approach will be explained and evaluated accordingly.

Mediarecht

Bibtex

Other{nokey, title = {Public Service Media and Cultural Diversity: European Regulatory and Governance Frameworks}, author = {McGonagle, T.}, url = {http://www.ivir.nl/publicaties/download/1408.pdf}, year = {1002}, date = {2014-10-02}, abstract = {By virtue of their core philosophy, mandate and typical status in most countries, public service broadcasters (PSBs) are ideally suited to act as vectors for the promotion of cultural diversity. They are equally well-suited to provide shared forums in which a range of different cultures can interact, be explored and, indeed, contested. Notwithstanding the difficulties involved in defining the notion of cultural diversity, various promotional strategies may viably be employed by PSBs. Such strategies include the safeguarding of access for discrete cultural groups to editorial, production and other structures and processes. They could also include measures to ensure that programming and other related services targeting culturally diverse audiences correspond to the audiences’ actual needs and preferences – in qualitative and quantitative terms. In doing so, relevant approaches should seek to balance the needs and preferences of discrete societal groups against the needs and preferences of a more complex societal whole.    The emergence of new technological and communicative possibilities and paradigms has prompted conceptual and terminological shifts within the European audio-visual sector. PSBs are nowadays expected to operate across an array of technological platforms in order to perpetuate their traditional position of prominence in a rapidly changing and already highly diversified mediascape. This is evidenced by an increasing tendency to frame relevant regulatory discussions in terms of public service media (as opposed to broadcasting in the traditional sense of the word), value(s) and governance. The existing European regulatory framework for public service broadcasting/media is extensive and spans legal and policy instruments emanating primarily from the European Union and the Council of Europe, but also including standard-setting measures from other intergovernmental organizations (IGOs) such as UNESCO (United Nations Educational, Scientific and Cultural Organization) and, to a lesser extent, the Organization for Security and Co-operation in Europe (OSCE). Even within the European Union and the Council of Europe, differences of focus and emphasis may readily be detected across the most salient instruments. They engage with the issues highlighted in the preceding paragraphs to varying extents. The principal aim of this chapter is to present a panorama of regulatory instruments applicable at the European level and to assess their overall coherence. The significance of selected examples of divergence in the broader regulatory approach will be explained and evaluated accordingly.}, keywords = {Mediarecht}, }

Trouver le diamant dans la mine de données ou les implications juridiques de l’exploration de données external link

Documentalist-Sciences de l'Information, num: 2, pp: 23-25, 2014

Intellectuele eigendom

Bibtex

Article{nokey, title = {Trouver le diamant dans la mine de données ou les implications juridiques de l’exploration de données}, author = {Guibault, L.}, url = {http://www.ivir.nl/publicaties/download/DSI_2014_2.pdf}, year = {0905}, date = {2014-09-05}, journal = {Documentalist-Sciences de l'Information}, number = {2}, keywords = {Intellectuele eigendom}, }

Annotatie bij Hoge Raad 28 mei 2013 external link

NJ, num: 34/35, pp: 4450-4451., 2014

Abstract

Afpersen van gegevens, alleen voor gegevens waarbij het oogmerk bestond er voordeel mee te behalen. Afgrenzing van het begrip 'voordeel'.

Bescherming van communicatie, Grondrechten

Bibtex

Case note{nokey, title = {Annotatie bij Hoge Raad 28 mei 2013}, author = {Dommering, E.}, url = {http://www.ivir.nl/publicaties/download/NJ_2014_350.pdf}, year = {0828}, date = {2014-08-28}, journal = {NJ}, number = {34/35}, abstract = {Afpersen van gegevens, alleen voor gegevens waarbij het oogmerk bestond er voordeel mee te behalen. Afgrenzing van het begrip 'voordeel'.}, keywords = {Bescherming van communicatie, Grondrechten}, }

Meningsuiting of oproep tot terreur, waar ligt de grens? external link

Het Parool, pp: 6., 2014

Grondrechten, Vrijheid van meningsuiting

Bibtex

Newspaper article{nokey, title = {Meningsuiting of oproep tot terreur, waar ligt de grens?}, author = {Dommering, E.}, url = {http://www.ivir.nl/publicaties/download/Parool_23082014.pdf}, year = {0828}, date = {2014-08-28}, journal = {Het Parool}, keywords = {Grondrechten, Vrijheid van meningsuiting}, }

Patentability of Plants: At the Crossroads between Monopolizing Nature and Protecting Technological Innovation? external link

The Journal of World Intellectual Property, num: 3-4, pp: 105-149, 2014

Abstract

This article provides an in-depth critical analysis of pressing issues regarding the patentability of plants. There is no public interest overarching principle present in the European Patent Convention or any other convention for that matter which would exclude patent protection for plants. The expansionist behavior of some users of the patent system seeking to obtain patent protection for methods and products which are very akin to traditional breeding methods needs to be halted and patent applications in that context deserve very close scrutiny so as to avoid that the border is crossed. Patents for hybrid seeds ought not to be protected by patents, as they in effect protect plant varieties as such. If the patent system is not capable of keeping such innovations outside of the patent territory, the call for excluding all plant-related innovations from patentability will become more influential. Products produced by essentially biological processes should not be patentable. However, in the absence of a statutory basis, the current legal framework does not allow the judiciary to come to such conclusion. The EPC needs to be amended in this respect. Finally, introducing a breeders’ exemption in the patent system could jeopardize the internal and external architecture of the patent system and one should be wary of introducing it.

breeders' exemption, breeding methods, Industrial property, Industriële eigendom, Octrooirecht, Patent law, plants

Bibtex

Article{nokey, title = {Patentability of Plants: At the Crossroads between Monopolizing Nature and Protecting Technological Innovation?}, author = {Bostyn, S.}, url = {http://www.ivir.nl/publicaties/download/1401.pdf}, year = {0826}, date = {2014-08-26}, journal = {The Journal of World Intellectual Property}, number = {3-4}, abstract = {This article provides an in-depth critical analysis of pressing issues regarding the patentability of plants. There is no public interest overarching principle present in the European Patent Convention or any other convention for that matter which would exclude patent protection for plants. The expansionist behavior of some users of the patent system seeking to obtain patent protection for methods and products which are very akin to traditional breeding methods needs to be halted and patent applications in that context deserve very close scrutiny so as to avoid that the border is crossed. Patents for hybrid seeds ought not to be protected by patents, as they in effect protect plant varieties as such. If the patent system is not capable of keeping such innovations outside of the patent territory, the call for excluding all plant-related innovations from patentability will become more influential. Products produced by essentially biological processes should not be patentable. However, in the absence of a statutory basis, the current legal framework does not allow the judiciary to come to such conclusion. The EPC needs to be amended in this respect. Finally, introducing a breeders’ exemption in the patent system could jeopardize the internal and external architecture of the patent system and one should be wary of introducing it.}, keywords = {breeders' exemption, breeding methods, Industrial property, Industriële eigendom, Octrooirecht, Patent law, plants}, }

De NSA-affaire en de grenzen van de macht: Naar een wederkerig begrip van privacy external link

Filosofie & Praktijk, num: 2, pp: 49-66., 2014

Auteursrecht, Intellectuele eigendom

Bibtex

Article{nokey, title = {De NSA-affaire en de grenzen van de macht: Naar een wederkerig begrip van privacy}, author = {van der Sloot, B.}, url = {http://www.ivir.nl/publicaties/download/Filosofie&Praktijk_2014_2.pdf}, year = {0826}, date = {2014-08-26}, journal = {Filosofie & Praktijk}, number = {2}, keywords = {Auteursrecht, Intellectuele eigendom}, }

Are blocking injunctions against ISPs allowed in Europe? Copyright enforcement in the post-Telekabel EU legal landscape external link

Journal of Intellectual Property Law & Practice, num: 10, pp: 812-821., 2014

Abstract

In recent years, the national courts of the EU Member States, in an attempt to stem the flow of rampant online copyright infringement, have increasingly turned to the issuance of blocking injunctions against the intermediaries whose websites and networks are used by third parties to commit infringements. This article examines the legal framework in place at the EU level with regard to the legality of such injunctive orders, making a distinction between filtering measures, used to detect copyright infringements, and blocking measures, used to put an end to them. On the basis of that analysis, a detailed examination will be made of the latest CJEU ruling to apply this framework, Case C-314/12, UPC Telekabel Wien GmbH v Constantin Film Verleih GmbH on the lawfullness of open-ended blocking injunctions against internet access providers.

Auteursrecht, Intellectuele eigendom

Bibtex

Article{nokey, title = {Are blocking injunctions against ISPs allowed in Europe? Copyright enforcement in the post-Telekabel EU legal landscape}, author = {Angelopoulos, C.}, url = {http://jiplp.oxfordjournals.org/content/9/10/812}, year = {0819}, date = {2014-08-19}, journal = {Journal of Intellectual Property Law & Practice}, number = {10}, abstract = {In recent years, the national courts of the EU Member States, in an attempt to stem the flow of rampant online copyright infringement, have increasingly turned to the issuance of blocking injunctions against the intermediaries whose websites and networks are used by third parties to commit infringements. This article examines the legal framework in place at the EU level with regard to the legality of such injunctive orders, making a distinction between filtering measures, used to detect copyright infringements, and blocking measures, used to put an end to them. On the basis of that analysis, a detailed examination will be made of the latest CJEU ruling to apply this framework, Case C-314/12, UPC Telekabel Wien GmbH v Constantin Film Verleih GmbH on the lawfullness of open-ended blocking injunctions against internet access providers.}, keywords = {Auteursrecht, Intellectuele eigendom}, }