Creative Commons Licenses: What to Do with the Database Right? external link

num: 6, 2011

Abstract

Contrary to other types of open content licenses, Creative Commons licenses are intended to be translated and adapted to the laws of a maximum of jurisdictions in the world. Local or regional peculiarities of the copyright regime can sometimes require an adaptation to the licenses that would disrupt their worldwide similarity. This article focuses on one of these peculiarities: the European sui generis database right. It describes how the database right was excluded from the scope of the Creative Commons licenses and discusses the possible consequences of such an exclusion for the Creative Commons movement and for the users of the licenses in Europe.

Databankenrecht, Intellectuele eigendom

Bibtex

Article{nokey, title = {Creative Commons Licenses: What to Do with the Database Right?}, author = {Guibault, L.}, url = {http://www.ivir.nl/publicaties/download/SCL_2011_6.pdf}, year = {0304}, date = {2011-03-04}, number = {6}, abstract = {Contrary to other types of open content licenses, Creative Commons licenses are intended to be translated and adapted to the laws of a maximum of jurisdictions in the world. Local or regional peculiarities of the copyright regime can sometimes require an adaptation to the licenses that would disrupt their worldwide similarity. This article focuses on one of these peculiarities: the European sui generis database right. It describes how the database right was excluded from the scope of the Creative Commons licenses and discusses the possible consequences of such an exclusion for the Creative Commons movement and for the users of the licenses in Europe.}, keywords = {Databankenrecht, Intellectuele eigendom}, }

Open Content Licensing from Theory to Practice external link

Amsterdam University Press, 0706, pp: 295 , ISBN: 9789089643070

Abstract

This book assembles chapters written by renowned European scholars on a number of selected issues relating to open content licensing. It offers a comprehensive and objective study of the principles of open content from a European intellectual property law perspective and of their possible implementation in practice.

Intellectuele eigendom

Bibtex

Book{nokey, title = {Open Content Licensing from Theory to Practice}, author = {Guibault, L. and Angelopoulos, C.}, url = {http://www.ivir.nl/publicaties/download/9789089643070_TEXT_HR_DRUK.pdf}, year = {0706}, date = {2011-07-06}, abstract = {This book assembles chapters written by renowned European scholars on a number of selected issues relating to open content licensing. It offers a comprehensive and objective study of the principles of open content from a European intellectual property law perspective and of their possible implementation in practice.}, keywords = {Intellectuele eigendom}, }

Open Content Licensing from Theory to Practice – An Introduction external link

Amsterdam University Press, pp: 7-20, 2011

Auteursrecht, Intellectuele eigendom

Bibtex

Other{nokey, title = {Open Content Licensing from Theory to Practice – An Introduction}, author = {Guibault, L.}, url = {http://www.ivir.nl/publicaties/download/Open%20Content%20Licensing%20-%20Chapter%201.pdf}, year = {0713}, date = {2011-07-13}, journal = {Amsterdam University Press}, keywords = {Auteursrecht, Intellectuele eigendom}, }

Owning the Right to Open Up Access to Scientific Publications external link

pp: 137-167, 2011

Auteursrecht, Intellectuele eigendom

Bibtex

Other{nokey, title = {Owning the Right to Open Up Access to Scientific Publications}, author = {Guibault, L.}, url = {http://www.ivir.nl/publicaties/download/Open%20Content%20Licensing%20-%20Chapter%206.pdf}, year = {0713}, date = {2011-07-13}, keywords = {Auteursrecht, Intellectuele eigendom}, }

Report of the Netherlands external link

Auteursrecht, Intellectuele eigendom

Bibtex

Other{nokey, title = {Report of the Netherlands}, author = {Guibault, L.}, url = {http://www.ivir.nl/publicaties/download/Netherlands%20balance%20of%20copyright%20report%20final%2006092011.pdf}, year = {0906}, date = {2011-09-06}, keywords = {Auteursrecht, Intellectuele eigendom}, }

Cross-border extended collective licensing: a solution to online dissemination of Europe’s cultural heritage? external link

Auteursrecht, Intellectuele eigendom

Bibtex

Report{nokey, title = {Cross-border extended collective licensing: a solution to online dissemination of Europe’s cultural heritage?}, author = {Guibault, L. and Axhamn, J.}, url = {http://www.ivir.nl/publicaties/download/ECL_Europeana_final_report092011.pdf}, year = {0906}, date = {2011-09-06}, keywords = {Auteursrecht, Intellectuele eigendom}, }

The Regulation of Digital Content Contracts in the Optional Instrument of Contract Law external link

Loos, M.B.M., Mak, C., Guibault, L. & Helberger, N.
European Review of Private Law, num: 6, pp: 729-758, 2012

Abstract

The past decade has shown a rapid development of the markets for digital content. The further development of these markets, however, may be hindered because of the lack of a functioning legal framework to deal with digital content contracts. In this article, it is argued that the future Optional Instrument should contain rules governing digital content contracts. Moreover, suggestions are made as to the content of such rules.

Auteursrecht, Intellectuele eigendom

Bibtex

Article{nokey, title = {The Regulation of Digital Content Contracts in the Optional Instrument of Contract Law}, author = {Loos, M.B.M. and Mak, C. and Guibault, L. and Helberger, N.}, url = {http://www.ivir.nl/publicaties/download/ERPL_2011_6.pdf}, year = {0104}, date = {2012-01-04}, journal = {European Review of Private Law}, number = {6}, abstract = {The past decade has shown a rapid development of the markets for digital content. The further development of these markets, however, may be hindered because of the lack of a functioning legal framework to deal with digital content contracts. In this article, it is argued that the future Optional Instrument should contain rules governing digital content contracts. Moreover, suggestions are made as to the content of such rules.}, keywords = {Auteursrecht, Intellectuele eigendom}, }

Solving Europeana’s mass-digitization issues through Extended Collective Licensing? external link

Nordiskt Immateriellt Rättsskydd, num: 6, pp: 509-516, 2012

Abstract

The ever increasing use of the Internet and of digitization technologies have opened up new possibilities for distributing and accessing creative content online, including for cultural heritage institutions. However, the digitization and dissemination of a substantial proportion of the collections held by European cultural institutions maybe considerably hindered due to high transaction costs related to clearance of copyright and related rights. This holds equally true for the cultural institutions taking part in the Europeana project. A recent study - Cross-border extended collective licensing: a solution to online dissemination of Europe's cultural heritage - examines whether the Nordic 'extended collective licensing' (ECL) model could provide a viable solution to the problems of digitization and dissemination of copyright protected works held by cultural heritage institutions, with a brief incursion into the issue of the cross-border dissemination of works. This article summarises the main findings of the study.

Auteursrecht, Intellectuele eigendom

Bibtex

Article{nokey, title = {Solving Europeana’s mass-digitization issues through Extended Collective Licensing?}, author = {Guibault, L. and Axhamn, J.}, url = {http://www.ivir.nl/publicaties/download/extended_collective_licensing.pdf}, year = {0222}, date = {2012-02-22}, journal = {Nordiskt Immateriellt Rättsskydd}, number = {6}, abstract = {The ever increasing use of the Internet and of digitization technologies have opened up new possibilities for distributing and accessing creative content online, including for cultural heritage institutions. However, the digitization and dissemination of a substantial proportion of the collections held by European cultural institutions maybe considerably hindered due to high transaction costs related to clearance of copyright and related rights. This holds equally true for the cultural institutions taking part in the Europeana project. A recent study - Cross-border extended collective licensing: a solution to online dissemination of Europe's cultural heritage - examines whether the Nordic 'extended collective licensing' (ECL) model could provide a viable solution to the problems of digitization and dissemination of copyright protected works held by cultural heritage institutions, with a brief incursion into the issue of the cross-border dissemination of works. This article summarises the main findings of the study.}, keywords = {Auteursrecht, Intellectuele eigendom}, }

The Press Exception in the Dutch Copyright Act external link

A Century of Dutch Copyright Law. Auteurswet 1912-2012, P.B. Huegnholtz, A.A. Quaedvlieg & D.J.G Vi, deLex 2012, 1030, ISBN: 9789086920372

Auteursrecht, Intellectuele eigendom

Bibtex

Chapter{Guibault2012, title = {The Press Exception in the Dutch Copyright Act}, author = {Guibault, L.}, url = {https://www.ivir.nl/publicaties/download/press_exception_dutch_copyright_act.pdf}, year = {1030}, date = {2012-10-30}, keywords = {Auteursrecht, Intellectuele eigendom}, }

Digital Consumers and the Law: Towards a Cohesive European Framework

Loos, M.B.M., Mak, C., Pessers, L., Guibault, L., Helberger, N. & van der Sloot, B.
Kluwer Law International, 2013, Series: Information Law Series, ISBN: 9789041140494

Abstract

This book provides a critical analysis of how digitisation affects established concepts and policies in consumer law. Based on evidence of the actual experience and problems encountered by consumers in digital markets, the book offers a ground-breaking study of the main issues arising in relation to the application of general consumer and sector-specific law. An interdisciplinary team of researchers from the Centre for the Study of European Contract Law (CSECL) and the Institute for Information Law (IViR), both University of Amsterdam, combine their expertise in general consumer and contract law, telecommunications law, media law, copyright law and privacy law in a joint effort to point the way to a truly cohesive European Framework for Digital Consumers and the Law. Topics in this book include the characteristics of digital content markets and how they relate to traditional consumer law; consumer concerns, reasonable expectations and how they are protected by law; the difficult question of the classification of digital content; legal questions triggered by prosumers and underage consumers; the feasibility and future of the information approach to consumer protection; the role of fundamental rights considerations, and the legal implications of an economy that uses personal data as the new currency. Digital Consumers and the Law is an important analysis for all those interested or involved in the regulation of digital content markets. With its comprehensive discussion of a wide range of fundamental as well as praxis-oriented questions, it is an essential read for academics, policy makers, members of the content industry as well as consumer representatives.

Kluwer Information Law Series

Bibtex

Book{nokey, title = {Digital Consumers and the Law: Towards a Cohesive European Framework}, author = {Loos, M.B.M. and Mak, C. and Pessers, L. and Guibault, L. and Helberger, N. and van der Sloot, B.}, year = {2013}, date = {2013-01-31}, abstract = {This book provides a critical analysis of how digitisation affects established concepts and policies in consumer law. Based on evidence of the actual experience and problems encountered by consumers in digital markets, the book offers a ground-breaking study of the main issues arising in relation to the application of general consumer and sector-specific law. An interdisciplinary team of researchers from the Centre for the Study of European Contract Law (CSECL) and the Institute for Information Law (IViR), both University of Amsterdam, combine their expertise in general consumer and contract law, telecommunications law, media law, copyright law and privacy law in a joint effort to point the way to a truly cohesive European Framework for Digital Consumers and the Law. Topics in this book include the characteristics of digital content markets and how they relate to traditional consumer law; consumer concerns, reasonable expectations and how they are protected by law; the difficult question of the classification of digital content; legal questions triggered by prosumers and underage consumers; the feasibility and future of the information approach to consumer protection; the role of fundamental rights considerations, and the legal implications of an economy that uses personal data as the new currency. Digital Consumers and the Law is an important analysis for all those interested or involved in the regulation of digital content markets. With its comprehensive discussion of a wide range of fundamental as well as praxis-oriented questions, it is an essential read for academics, policy makers, members of the content industry as well as consumer representatives.}, keywords = {Kluwer Information Law Series}, }