Publicaties

Top Keywords

Not so silly after all – new hope for private copying external link

Helberger, N.
INDICARE Monitor, 2005

Abstract

The decision of the French court in Paris in the so-called Mulholland case has left a sour after-taste since. Could it be true that the privat copying exception, a long standing tradition in many national copyright laws, was in fact not much more than a toothless paper tiger? When we reported about this case we expressed our disbelief that this should have been the end of the private copying exception. And indeed, as the Court of Appeals has recently decided, the tiger may be made of paper, but it still has its teeth.

Auteursrecht, Intellectuele eigendom

Bibtex

Article{nokey, title = {Not so silly after all – new hope for private copying}, author = {Helberger, N.}, url = {http://www.indicare.org/tiki-read_article.php?articleId=132}, year = {1013}, date = {2005-10-13}, journal = {INDICARE Monitor}, abstract = {The decision of the French court in Paris in the so-called Mulholland case has left a sour after-taste since. Could it be true that the privat copying exception, a long standing tradition in many national copyright laws, was in fact not much more than a toothless paper tiger? When we reported about this case we expressed our disbelief that this should have been the end of the private copying exception. And indeed, as the Court of Appeals has recently decided, the tiger may be made of paper, but it still has its teeth.}, keywords = {Auteursrecht, Intellectuele eigendom}, }

Using competition law as tool to enforce access to DRM…and failing external link

Helberger, N.
INDICARE Monitor, 2005

Abstract

Apple's tight control over the FairPlay DRM system has caused many iPod users to complain that they cannot play certain files on their iPod, namely the files they bought from other online services, using a different DRM system. The proprietary control over FairPlay is also a thorn in the flesh of iTunes rivals who sought various ways to get around FairPlay's lack of interoperability. The French enterprise VirginMega tried it the legal way and so did it come that Apple's FairPlay was probably also the first case in which a competition authority in Europe had to decide if access to a Digital Rights Management system can be enforced on grounds of competition law.

Technologie en recht

Bibtex

Article{nokey, title = {Using competition law as tool to enforce access to DRM…and failing}, author = {Helberger, N.}, url = {http://www.indicare.org/tiki-read_article.php?articleId=150}, year = {1102}, date = {2005-11-02}, journal = {INDICARE Monitor}, abstract = {Apple's tight control over the FairPlay DRM system has caused many iPod users to complain that they cannot play certain files on their iPod, namely the files they bought from other online services, using a different DRM system. The proprietary control over FairPlay is also a thorn in the flesh of iTunes rivals who sought various ways to get around FairPlay's lack of interoperability. The French enterprise VirginMega tried it the legal way and so did it come that Apple's FairPlay was probably also the first case in which a competition authority in Europe had to decide if access to a Digital Rights Management system can be enforced on grounds of competition law.}, keywords = {Technologie en recht}, }

Digital Rights Management from a Consumer’s perspective external link

Helberger, N.
IRIS Plus, num: 8, pp: 1-8, 2005

Abstract

The purpose of this article is to consider the impact of DRM on people's use of digital content and on its availability and accessibility for consumers. It describes the area of conflict between the economic interest of the media industry to use DRM to protect rights to and marketing of digital content, and consumers' desire to use digital content in accordance with their own rights and legitimate interests without suffering any unfavourable consequences as they do so. The article explains why the current approach, where DRM is considered to be exclusively a copyright issue, is too narrow. It lists a series of equally important individual or informational interests which must be respected, linking DRM to the protection of consumers and access to digital content. The article makes some suggestions how this theme might be usefully dealt with in the future.

Consumentenrecht

Bibtex

Article{nokey, title = {Digital Rights Management from a Consumer’s perspective}, author = {Helberger, N.}, url = {http://www.ivir.nl/publicaties/download/249.pdf}, year = {1123}, date = {2005-11-23}, journal = {IRIS Plus}, number = {8}, abstract = {The purpose of this article is to consider the impact of DRM on people's use of digital content and on its availability and accessibility for consumers. It describes the area of conflict between the economic interest of the media industry to use DRM to protect rights to and marketing of digital content, and consumers' desire to use digital content in accordance with their own rights and legitimate interests without suffering any unfavourable consequences as they do so. The article explains why the current approach, where DRM is considered to be exclusively a copyright issue, is too narrow. It lists a series of equally important individual or informational interests which must be respected, linking DRM to the protection of consumers and access to digital content. The article makes some suggestions how this theme might be usefully dealt with in the future.}, keywords = {Consumentenrecht}, }

The “Right to Information” and Digital Broadcasting: About Monsters, Invisible Men and the Future of European Broadcasting Regulation external link

Helberger, N.
Entertainment Law Review, num: 2, pp: 70-80, 2006

Abstract

As a result of modern content management technologies, individualisation, differentiation and conditioned access step into the place of traditional models of broad-casting content. In the light of these developments, the article provides a critical analysis of the proposals that were made to revise the Television Without Frontiers Directive and to protect “the right to information” of the broadcasting audience. The article will show that instead of modernizing the European broadcasting framework the proposals are focused on maintaining the status quo of an analogue past. It will make an argument in favor of a more viewer-oriented approach.

Mediarecht

Bibtex

Article{nokey, title = {The “Right to Information” and Digital Broadcasting: About Monsters, Invisible Men and the Future of European Broadcasting Regulation}, author = {Helberger, N.}, url = {http://www.ivir.nl/publicaties/download/ELR_2006_2.pdf}, year = {0303}, date = {2006-03-03}, journal = {Entertainment Law Review}, number = {2}, abstract = {As a result of modern content management technologies, individualisation, differentiation and conditioned access step into the place of traditional models of broad-casting content. In the light of these developments, the article provides a critical analysis of the proposals that were made to revise the Television Without Frontiers Directive and to protect “the right to information” of the broadcasting audience. The article will show that instead of modernizing the European broadcasting framework the proposals are focused on maintaining the status quo of an analogue past. It will make an argument in favor of a more viewer-oriented approach.}, keywords = {Mediarecht}, }

Christophe R. vs Warner Music: French court bans private-copying hostile DRM external link

Helberger, N.
INDICARE Monitor, 2006

Abstract

France is one of the European countries where a particularly vivid public discussion about DRM and the private copying exception took place. This is thanks to the efforts of French consumer organisations taht initiated a number of court cases dealing with complaints of consumers about CDs and DVDs that could, among others, not be copied and ripped because of technical protection measures in place. This article discusses that latest DRM decision in France, a decision that went one step further than its predecessors when dealing with the difficult question of the relationship between DRM and private copying.

Technologie en recht

Bibtex

Article{nokey, title = {Christophe R. vs Warner Music: French court bans private-copying hostile DRM}, author = {Helberger, N.}, url = {http://www.indicare.org/tiki-read_article.php?articleId=180}, year = {0307}, date = {2006-03-07}, journal = {INDICARE Monitor}, abstract = {France is one of the European countries where a particularly vivid public discussion about DRM and the private copying exception took place. This is thanks to the efforts of French consumer organisations taht initiated a number of court cases dealing with complaints of consumers about CDs and DVDs that could, among others, not be copied and ripped because of technical protection measures in place. This article discusses that latest DRM decision in France, a decision that went one step further than its predecessors when dealing with the difficult question of the relationship between DRM and private copying.}, keywords = {Technologie en recht}, }

Refusal to Serve Consumers because of their Nationality or Residence – Distortions in the Internal Market for E-commerce Transactions? ( European Parliament’s Committee on Internal Market and Consumer Protection) external link

Helberger, N.
2007

Abstract

Technological progress and the internet bring the promise of an Internal Market for electronic services closer than ever into the reach of Europe's citizens. Yet, while European and national policies are committed to removing government-made obstacles to the free movement of services, some e-commerce businesses use technology to actually re-introduce territorial barriers. The goal of this briefing paper is to provide a first overview of the motives of e-commerce businesses to engage in territorial differentiation, to examine whether territorial differentiation can result in a serious distortion of the Internal Market and to make recommendations what measures should be taken to remove barriers that prevent consumers from buying goods and services on-line throughout the Internal Market.

Consumentenrecht

Bibtex

Other{nokey, title = {Refusal to Serve Consumers because of their Nationality or Residence – Distortions in the Internal Market for E-commerce Transactions? ( European Parliament’s Committee on Internal Market and Consumer Protection)}, author = {Helberger, N.}, url = {http://www.ivir.nl/publicaties/download/ecommerce_en.pdf}, year = {0320}, date = {2007-03-20}, abstract = {Technological progress and the internet bring the promise of an Internal Market for electronic services closer than ever into the reach of Europe's citizens. Yet, while European and national policies are committed to removing government-made obstacles to the free movement of services, some e-commerce businesses use technology to actually re-introduce territorial barriers. The goal of this briefing paper is to provide a first overview of the motives of e-commerce businesses to engage in territorial differentiation, to examine whether territorial differentiation can result in a serious distortion of the Internal Market and to make recommendations what measures should be taken to remove barriers that prevent consumers from buying goods and services on-line throughout the Internal Market.}, keywords = {Consumentenrecht}, }

No Place Like Home for Making a Copy: Private Copying in European Copyright Law and Consumer Law external link

Helberger, N. & Hugenholtz, P.
Berkeley Technology Law Journal, vol. 2007, num: 3, pp: 1061-1098, 2008

Abstract

This article examines the intersection between copyright law and consumer law relating to private copying in Europe. In doing so, we will query the effectiveness of copyright law and consumer law as legal instruments to protect consumers in their dealings with information suppliers. Our goal is to demonstrate that while copyright law in Europe does offer a measure of comfort to consumers, the legal instruments of European consumer law are potentially more effective in achieving the freedom to make private copies that European consumers generally expect.

Auteursrecht, Intellectuele eigendom

Bibtex

Article{nokey, title = {No Place Like Home for Making a Copy: Private Copying in European Copyright Law and Consumer Law}, author = {Helberger, N. and Hugenholtz, P.}, url = {http://www.ivir.nl/publicaties/download/BTLJ_2007_3.pdf}, year = {0124}, date = {2008-01-24}, journal = {Berkeley Technology Law Journal}, volume = {2007}, number = {3}, pages = {1061-1098}, abstract = {This article examines the intersection between copyright law and consumer law relating to private copying in Europe. In doing so, we will query the effectiveness of copyright law and consumer law as legal instruments to protect consumers in their dealings with information suppliers. Our goal is to demonstrate that while copyright law in Europe does offer a measure of comfort to consumers, the legal instruments of European consumer law are potentially more effective in achieving the freedom to make private copies that European consumers generally expect.}, keywords = {Auteursrecht, Intellectuele eigendom}, }

From eyeball to creator – toying with audience empowerment in the Audiovisual Media Service Directive, external link

Helberger, N.
Entertainment Law Review, vol. 2008, num: 6, pp: 128-137, 2008

Mediarecht

Bibtex

Article{nokey, title = {From eyeball to creator – toying with audience empowerment in the Audiovisual Media Service Directive,}, author = {Helberger, N.}, url = {http://www.ivir.nl/publicaties/download/From%20eyeball%20to%20media%20literate%20viewer.pdf}, year = {1006}, date = {2008-10-06}, journal = {Entertainment Law Review}, volume = {2008}, number = {6}, pages = {128-137}, keywords = {Mediarecht}, }

Ups and downs. Economische en culturele gevolgen van file sharing voor muziek, film en games external link

Helberger, N., van Eijk, N. & Poort, J.
2009

Technologie en recht

Bibtex

Report{nokey, title = {Ups and downs. Economische en culturele gevolgen van file sharing voor muziek, film en games}, author = {Helberger, N. and van Eijk, N. and Poort, J.}, url = {http://www.ivir.nl/publicaties/download/Ups_And_Downs.pdf}, year = {0120}, date = {2009-01-20}, keywords = {Technologie en recht}, }