Publications

Top Keywords

Europe’s Human Rights Court rules for the first time on a breach of a copyright holder’s right to property in a private dispute

Izyumenko, E.
Journal of Intellectual Property Law & Practice, vol. 17, iss. : 11, pp: 896–898, 2022

Abstract

The European Court of Human Rights has recently ruled that the domestic courts’ failure to justify the grounds for dismissing the applicant’s copyright infringement claim in a private-party dispute concerning the unauthorized online reproduction of the applicant’s book breached the latter’s human right to property. Notably, the Court was not satisfied with the fact that the national courts had not persuasively explained their conclusions regarding the applicability in the applicant’s case of digital exhaustion and of copyright exceptions for libraries and private copying.

Copyright, Human rights

Bibtex

Article{nokey, title = {Europe’s Human Rights Court rules for the first time on a breach of a copyright holder’s right to property in a private dispute}, author = {Izyumenko, E.}, doi = {https://doi.org/10.1093/jiplp/jpac093}, year = {2022}, date = {2022-10-17}, journal = {Journal of Intellectual Property Law & Practice}, volume = {17}, issue = {11}, pages = {896–898}, abstract = {The European Court of Human Rights has recently ruled that the domestic courts’ failure to justify the grounds for dismissing the applicant’s copyright infringement claim in a private-party dispute concerning the unauthorized online reproduction of the applicant’s book breached the latter’s human right to property. Notably, the Court was not satisfied with the fact that the national courts had not persuasively explained their conclusions regarding the applicability in the applicant’s case of digital exhaustion and of copyright exceptions for libraries and private copying.}, keywords = {Copyright, Human rights}, }

Study on media plurality and diversity online external link

Parcu, P.L., Brogi, E., Verza, S, Irion, K., Fahy, R., Idiz, D. R, Meiring, A., Seipp, T. & Poort, J.
2022

Abstract

The Study on Media Plurality and Diversity Online investigates the value of safeguarding media pluralism and diversity online, focusing on (i) the prominence and discoverability of general interest content and services, and on (ii) market plurality and the concentration of economic resources. With a focus on Europe, the project is funded by a tender from the European Commission to produce a study on Media Plurality and Diversity Online and involves four partner universities: CMPF (EUI); CiTiP (Centre for Information Technology and Intellectual Property) of KU Leuven; the Institute for Information Law of the University of Amsterdam (IViR/UvA); imec-SMIT-Vrije Universiteit Brussel. The purpose of the assignment was to describe, analyse and evaluate the existing regulatory and business practices in the two areas mentioned above, and finally to elaborate some policy recommendations. Data were collected from the database of the Media Pluralism Monitor (CMPF) and through desk research, online consultations and interviews with stakeholders. The contractor was able to call on a network of national experts across the Member States to support this work.

diversity, Media law, media plurality

Bibtex

Report{nokey, title = {Study on media plurality and diversity online}, author = {Parcu, P.L. and Brogi, E. and Verza, S and Irion, K. and Fahy, R. and Idiz, D. R and Meiring, A. and Seipp, T. and Poort, J.}, url = {https://data.europa.eu/doi/10.2759/529019}, doi = {https://doi.org/10.2759/529019}, year = {2022}, date = {2022-09-16}, abstract = {The Study on Media Plurality and Diversity Online investigates the value of safeguarding media pluralism and diversity online, focusing on (i) the prominence and discoverability of general interest content and services, and on (ii) market plurality and the concentration of economic resources. With a focus on Europe, the project is funded by a tender from the European Commission to produce a study on Media Plurality and Diversity Online and involves four partner universities: CMPF (EUI); CiTiP (Centre for Information Technology and Intellectual Property) of KU Leuven; the Institute for Information Law of the University of Amsterdam (IViR/UvA); imec-SMIT-Vrije Universiteit Brussel. The purpose of the assignment was to describe, analyse and evaluate the existing regulatory and business practices in the two areas mentioned above, and finally to elaborate some policy recommendations. Data were collected from the database of the Media Pluralism Monitor (CMPF) and through desk research, online consultations and interviews with stakeholders. The contractor was able to call on a network of national experts across the Member States to support this work.}, keywords = {diversity, Media law, media plurality}, }

Report on effect of digitisation and regulatory changes on access to cultural/creative goods and services external link

Martinelli, A., Mazzei, J., Nuvolari, A. & Poort, J.
2022

Abstract

This report stems from the research conducted within the reCreating Europe 1 Work Package (WP) 2, which focuses on End-users and access to culture. It complements other final deliverables which include: a final report and public dataset on copyright flexibilities (D.2.3), a final policy brief on barriers for vulnerable groups (D.2.4), a final report on two empirical case studies assessing the impact of copyright perception and knowledge on the access of two specific groups of users who benefit of specific copyright exceptions (i.e. academics and persons with visual impairment) (D.2.8), a peer-reviewed publication on the impact of copyright law and perception on the demand for cultural goods and services (D.2.6), and final policy recommendations (D.2.9).

digitization

Bibtex

Report{nokey, title = {Report on effect of digitisation and regulatory changes on access to cultural/creative goods and services}, author = {Martinelli, A. and Mazzei, J. and Nuvolari, A. and Poort, J.}, url = {https://zenodo.org/record/6779277#.YtkA5XZBy5e}, doi = {https://doi.org/10.5281/zenodo.6779277}, year = {2022}, date = {2022-07-21}, abstract = {This report stems from the research conducted within the reCreating Europe 1 Work Package (WP) 2, which focuses on End-users and access to culture. It complements other final deliverables which include: a final report and public dataset on copyright flexibilities (D.2.3), a final policy brief on barriers for vulnerable groups (D.2.4), a final report on two empirical case studies assessing the impact of copyright perception and knowledge on the access of two specific groups of users who benefit of specific copyright exceptions (i.e. academics and persons with visual impairment) (D.2.8), a peer-reviewed publication on the impact of copyright law and perception on the demand for cultural goods and services (D.2.6), and final policy recommendations (D.2.9).}, keywords = {digitization}, }

The Right to Lodge a Data Protection Complaint: Ok, But Then What? An empirical study of current practices under the GDPR external link

European Data Protection Scholars Network
2022

Abstract

This study examines current Data Protection Authorities' (DPA) practices related to their obligation to facilitate the submission of complaints, granting special attention to the connection between this obligation and the right to an effective judicial remedy against DPAs. It combines legal analysis and the observation of DPA websites, together with insights obtained from the online public register of decisions adopted under the ʻone-stop-shopʼ mechanism. This study was commissioned by Access Now.

Data Protection Authorities, frontpage, GDPR, remedy, right to an effective remedy

Bibtex

Other{Network2022, title = {The Right to Lodge a Data Protection Complaint: Ok, But Then What? An empirical study of current practices under the GDPR}, author = {European Data Protection Scholars Network}, url = {https://www.ivir.nl/gdpr-complaint-study-2/}, year = {0712}, date = {2022-07-12}, abstract = {This study examines current Data Protection Authorities\' (DPA) practices related to their obligation to facilitate the submission of complaints, granting special attention to the connection between this obligation and the right to an effective judicial remedy against DPAs. It combines legal analysis and the observation of DPA websites, together with insights obtained from the online public register of decisions adopted under the ʻone-stop-shopʼ mechanism. This study was commissioned by Access Now.}, keywords = {Data Protection Authorities, frontpage, GDPR, remedy, right to an effective remedy}, }

In defense of offense: information security research under the right to science external link

van Daalen, O.
Computer Law & Security Review, vol. 46, 2022

Abstract

Information security is something you do, not something you have. It's a recurring process of finding weaknesses and fixing them, only for the next weakness to be discovered, and fixed, and so on. Yet, European Union rules in this field are not built around this cycle of making and breaking: doing offensive information security research is not always legal, and doubts about its legality can have a chilling effect. At the same time, the results of such research are sometimes not used to allow others to take defensive measures, but instead are used to attack. In this article, I review whether states have an obligation under the right to science and the right to communications freedom to develop governance which addresses these two issues. I first discuss the characteristics of this cycle of making and breaking. I then discuss the rules in the European Union with regard to this cycle. Then I discuss how the right to science and the right to communications freedom under the European Convention for Human Rights , the EU Charter of Fundamental Rights and the International Covenant on Economic, Social and Cultural Rights apply to this domain. I then conclude that states must recognise a right to research information security vulnerabilities, but that this right comes with a duty of researchers to disclose their findings in a way which strengthens information security.

Communications freedom, Coordinated vulnerability disclosure, Duty to disclose, frontpage, Informatierecht, Information security, Information security research, Right to science, Vrijheid van meningsuiting, Vulnerabilities

Bibtex

Article{nokey, title = {In defense of offense: information security research under the right to science}, author = {van Daalen, O.}, doi = {https://doi.org/10.1016/j.clsr.2022.105706}, year = {0712}, date = {2022-07-12}, journal = {Computer Law & Security Review}, volume = {46}, pages = {}, abstract = {Information security is something you do, not something you have. It\'s a recurring process of finding weaknesses and fixing them, only for the next weakness to be discovered, and fixed, and so on. Yet, European Union rules in this field are not built around this cycle of making and breaking: doing offensive information security research is not always legal, and doubts about its legality can have a chilling effect. At the same time, the results of such research are sometimes not used to allow others to take defensive measures, but instead are used to attack. In this article, I review whether states have an obligation under the right to science and the right to communications freedom to develop governance which addresses these two issues. I first discuss the characteristics of this cycle of making and breaking. I then discuss the rules in the European Union with regard to this cycle. Then I discuss how the right to science and the right to communications freedom under the European Convention for Human Rights , the EU Charter of Fundamental Rights and the International Covenant on Economic, Social and Cultural Rights apply to this domain. I then conclude that states must recognise a right to research information security vulnerabilities, but that this right comes with a duty of researchers to disclose their findings in a way which strengthens information security.}, keywords = {Communications freedom, Coordinated vulnerability disclosure, Duty to disclose, frontpage, Informatierecht, Information security, Information security research, Right to science, Vrijheid van meningsuiting, Vulnerabilities}, }

EU copyright law round up – second trimester of 2022 external link

Trapova, A. & Quintais, J.
Kluwer Copyright Blog, 2022

Auteursrecht, frontpage

Bibtex

Article{nokey, title = {EU copyright law round up – second trimester of 2022}, author = {Trapova, A. and Quintais, J.}, url = {http://copyrightblog.kluweriplaw.com/2022/07/07/eu-copyright-law-round-up-second-trimester-of-2022/}, year = {0708}, date = {2022-07-08}, journal = {Kluwer Copyright Blog}, keywords = {Auteursrecht, frontpage}, }

Final Report Perspectives Authors and Performers download

Poort, J. & Pervaiz, A.
2022

Abstract

This is the final report of work package 3 and focuses on Authors and Performers and their experience with digital and disruptive factors and how they impact them professionally and financially. The report is based on the results derived from a survey that targets artists from diverse creative fields within the European Union (EU). The first part of the report is the methodology section, where we discuss the research design. It discusses in detail the methods used in preparing the survey – from inception to execution. This is followed by an extensive data analysis section that provides descriptive results followed by analysis of the results both empirically and from interviews. The report then ends with a discussion section and conclusions.

Copyright

Bibtex

Report{nokey, title = {Final Report Perspectives Authors and Performers}, author = {Poort, J. and Pervaiz, A.}, url = {https://www.ivir.nl/publications/final-report-perspectives-authors-and-performers/870626_d3-3_final-report-perspectives-authors-and-performers/}, doi = {https://doi.org/10.5281/zenodo.6779373}, year = {2022}, date = {2022-06-29}, abstract = {This is the final report of work package 3 and focuses on Authors and Performers and their experience with digital and disruptive factors and how they impact them professionally and financially. The report is based on the results derived from a survey that targets artists from diverse creative fields within the European Union (EU). The first part of the report is the methodology section, where we discuss the research design. It discusses in detail the methods used in preparing the survey – from inception to execution. This is followed by an extensive data analysis section that provides descriptive results followed by analysis of the results both empirically and from interviews. The report then ends with a discussion section and conclusions.}, keywords = {Copyright}, }

Survey Data Perspectives Authors and Performers download

Poort, J. & Pervaiz, A.
2022

Abstract

This deliverable represents the Survey questionnaire developed by Abeer Pervaiz and Joost Poort and the ensuing data set. The survey has been translated into 22 official EU languages and is targeted at artists belonging to a wide range of creative fields (authors, performers, designers, singers, musicians, dancers and more) within the EU. The survey has been distributed through different social media platforms such as Instagram, Facebook, Twitter and LinkedIn, various social groups, websites and also via networking. This document gives an overview of the participant data that has been collected till 16 February 2022. The data provides both descriptive and visual information. Descriptive data concerning the response will be updated once the survey is closed. This document and the data set together form deliverable D3.2. Following the descriptive participant data is the survey questionnaire. Each question statement represents a labeled value that is shown in brackets. The question statements have also been denoted with a variable value.

Bibtex

article{nokey, title = {Survey Data Perspectives Authors and Performers}, author = {Poort, J. and Pervaiz, A.}, url = {https://www.ivir.nl/publications/survey-data-perspectives-authors-and-performers/870626_d3-2_a-data-set-perspectives-authors-and-performers/}, doi = {https://doi.org/10.5281/zenodo.6779373}, year = {2022}, date = {2022-06-29}, abstract = {This deliverable represents the Survey questionnaire developed by Abeer Pervaiz and Joost Poort and the ensuing data set. The survey has been translated into 22 official EU languages and is targeted at artists belonging to a wide range of creative fields (authors, performers, designers, singers, musicians, dancers and more) within the EU. The survey has been distributed through different social media platforms such as Instagram, Facebook, Twitter and LinkedIn, various social groups, websites and also via networking. This document gives an overview of the participant data that has been collected till 16 February 2022. The data provides both descriptive and visual information. Descriptive data concerning the response will be updated once the survey is closed. This document and the data set together form deliverable D3.2. Following the descriptive participant data is the survey questionnaire. Each question statement represents a labeled value that is shown in brackets. The question statements have also been denoted with a variable value.}, }

Filtered Futures Conference: Exploring the Fundamental Rights Constraints of Automated Filtering After the CJEU Ruling on Article 17 external link

Reda, F. & Keller, P.
Kluwer Copyright Blog, 2022

frontpage

Bibtex

Article{nokey, title = {Filtered Futures Conference: Exploring the Fundamental Rights Constraints of Automated Filtering After the CJEU Ruling on Article 17}, author = {Reda, F. and Keller, P.}, url = {http://copyrightblog.kluweriplaw.com/2022/06/17/filtered-futures-conference-exploring-the-fundamental-rights-constraints-of-automated-filtering-after-the-cjeu-ruling-on-article-17/}, year = {0617}, date = {2022-06-17}, journal = {Kluwer Copyright Blog}, keywords = {frontpage}, }

Algorithms Off-limits? If digital trade law restricts access to source code of software then accountability will suffer external link

Irion, K.
2022

Abstract

Free trade agreements are increasingly used to construct an additional layer of protection for source code of software. This comes in the shape of a new prohibition for governments to require access to, or transfer of, source code of software, subject to certain exceptions. A clause on software source code is also part and parcel of an ambitious set of new rules on trade-related aspects of electronic commerce currently negotiated by 86 members of the World Trade Organization. Our understanding to date of how such a commitment inside trade law impacts on governments right to regulate digital technologies and the policy space that is allowed under trade law is limited. Access to software source code is for example necessary to meet regulatory and judicial needs in order to ensure that digital technologies are in conformity with individuals’ human rights and societal values. This article will analyze the implications of such a source code clause for current and future digital policies by governments that aim to ensure transparency, fairness and accountability of computer and machine learning algorithms.

accountability, algorithms, application programming interfaces, auditability, Digital trade, fairness, frontpage, source code, Transparency

Bibtex

Article{Irion2022b, title = {Algorithms Off-limits? If digital trade law restricts access to source code of software then accountability will suffer}, author = {Irion, K.}, url = {https://www.ivir.nl/facct22-125-2/}, year = {0617}, date = {2022-06-17}, abstract = {Free trade agreements are increasingly used to construct an additional layer of protection for source code of software. This comes in the shape of a new prohibition for governments to require access to, or transfer of, source code of software, subject to certain exceptions. A clause on software source code is also part and parcel of an ambitious set of new rules on trade-related aspects of electronic commerce currently negotiated by 86 members of the World Trade Organization. Our understanding to date of how such a commitment inside trade law impacts on governments right to regulate digital technologies and the policy space that is allowed under trade law is limited. Access to software source code is for example necessary to meet regulatory and judicial needs in order to ensure that digital technologies are in conformity with individuals’ human rights and societal values. This article will analyze the implications of such a source code clause for current and future digital policies by governments that aim to ensure transparency, fairness and accountability of computer and machine learning algorithms.}, keywords = {accountability, algorithms, application programming interfaces, auditability, Digital trade, fairness, frontpage, source code, Transparency}, }