Auteursrecht, authorship
Book{vanEechoud2014b,
title = {The Work of Authorship},
author = {van Eechoud, M.},
url = {https://library.oapen.org/bitstream/handle/20.500.12657/33342/503030.pdf},
year = {0304},
date = {2014-03-04},
keywords = {Auteursrecht, authorship},
} Freedom of expression, Human rights
Article{nokey,
title = {European Court of Human Rights rules that collateral website blocking violates freedom of expression},
author = {Izyumenko, E.},
doi = {https://doi.org/10.1093/jiplp/jpaa135},
year = {2020},
date = {2020-10-23},
journal = {Journal of Intellectual Property Law & Practice},
volume = {15},
issue = {10},
pages = {774–775},
keywords = {Freedom of expression, Human rights},
} Annotaties, Auteursrecht, frontpage
Article{Hugenholtz2020e,
title = {Annotatie bij HvJ EU 29 juli 2019, C-469/17 (Funke), C-516/17 (Spiegel) & C-4476/17 (Pelham)},
author = {Hugenholtz, P.},
url = {https://www.ivir.nl/publicaties/download/Annotatie_NJ_2020_354.pdf},
year = {1023},
date = {2020-10-23},
journal = {Nederlandse Jurisprudentie},
number = {43},
keywords = {Annotaties, Auteursrecht, frontpage},
} frontpage, GDPR, gegevensbescherming, Privacy
Article{Strycharz2020,
title = {Data Protection or Data Frustration? Individual perceptions and attitudes towards the GDPR},
author = {Strycharz, J. and Ausloos, J. and Helberger, N.},
url = {https://www.ivir.nl/publicaties/download/EDPLR_2020_3.pdf},
doi = {https://doi.org/https://doi.org/10.21552/edpl/2020/3/10},
year = {1013},
date = {2020-10-13},
journal = {European Data Protection Law Review},
volume = {6},
number = {3},
pages = {407-421},
abstract = {Strengthening individual rights, enhancing control over one’s data and raising awareness were among the main aims the European Commission set for the General Data Protection Regulation (GDPR). In order to assess whether these aims have been met, research into individual perceptions, awareness, and understanding of the Regulation is necessary. This study thus examines individual reactions to the GDPR in order to provide insights into user agency in relation to the Regulation. More specifically, it discusses empirical data (survey with N = 1288) on individual knowledge of, reactions to, and rights exercised under the GDPR in the Netherlands. The results show high awareness of the GDPR and knowledge of individual rights. At the same time, the Dutch show substantial reactance to the Regulation and doubt the effectiveness of their individual rights. These findings point to several issues obstructing the GDPR’s effectiveness, and constitute useful signposts for policy-makers and enforcement agencies to prioritise their strategies in achieving the original aims of the Regulation.},
keywords = {frontpage, GDPR, gegevensbescherming, Privacy},
} frontpage, Informatierecht, Political advertising, transparantie
Report{Cwajg2020,
title = {Transparency Rules in Online Political Advertising: Mapping Global Law and Policy},
author = {Menezes Cwajg, C. and Ausloos, J. and Leerssen, P.},
url = {https://www.ivir.nl/publicaties/download/TransparencyRulesOnlinePoliticalAds2020.pdf},
year = {1013},
date = {2020-10-13},
abstract = {In response to the rise of online political microtargeting, governments across the globe are launching transparency initiatives. Most of these aim to shed light on who is buying targeted political ads, and how they are targeted. The present Report offers a comprehensive mapping exercise of this new field of regulation, analysing new laws, proposed or enacted, that impose transparency rules on online political microtargeting.
The Report consists of two components: a global overview, and detailed case study of the United States. The first section begins with a geographical overview by showing where and what initiatives were proposed and enacted, looking in particular at Canada, France, Ireland, Singapore and the United States. It then unpacks these initiatives in greater detail by outlining what requirements they impose in terms of disclosure content, scope of application, and format. The second section of the Report then zooms into the United States, outlining the various initiatives that have been proposed and enacted at state-level.},
keywords = {frontpage, Informatierecht, Political advertising, transparantie},
} Copyright, creativiteit, frontpage, Naburige rechten
Article{Senftleben2020d,
title = {Robot Creativity: An Incentive-Based Neighbouring Rights Approach},
author = {Senftleben, M. and Buijtelaar, L.D.},
url = {https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3707741},
year = {1013},
date = {2020-10-13},
journal = {European Intellectual Property Review},
volume = {42},
number = {12},
pages = {},
abstract = {Today texts, paintings and songs need no longer be the result of human creativity. Advanced artificial intelligence (AI) systems are capable of generating creations that can hardly be distinguished from those of authors of flesh and blood. This development raises the question whether AI-generated works could be eligible for copyright protection. In the following analysis, we explore this question. After a discussion of the traditional copyright requirement of human creativity, the rationales underlying copyright protection – in particular the utilitarian incentive theory – will serve as a compass to decide on the grant of protection and delineate the scope of exclusive rights. In addition, the analysis will address the question who the owner of protected AI creations should be. Finally, the discussion of pros and cons of protection will be placed in the broader context of competing policy goals and legal obligations, such as the prospect of enriching the public domain and the question of liability for AI creations that infringe the rights of third parties.},
keywords = {Copyright, creativiteit, frontpage, Naburige rechten},
} EU, frontpage, gegevensbescherming, Privacy, usa, WTO
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},
} EU, frontpage, handel, Persoonsgegevens, Privacy
Article{Yakovleva2020d,
title = {Personal Data Transfers in International Trade and EU Law: A Tale of Two ‘Necessities’},
author = {Yakovleva, S.},
url = {https://www.ivir.nl/publicaties/download/JWIT_2020.pdf},
year = {1002},
date = {2020-10-02},
journal = {The Journal of World Investment & Trade},
abstract = {Cross-border flows of personal data have become essential for international trade. EU law restricts transfers of personal data to a degree that is arguably beyond what is permitted under the EU’s WTO commitments. These restrictions may be justified under trade law’s ‘necessity test.’ The article suggests that they may not pass this test. Yet, from an EU law perspective, the right to the protection of personal data is a fundamental right. An international transfer of personal data constitutes a derogation from this right and, therefore, must be consistent with another necessity test, the ‘strict necessity’ test of the derogation clause of the EU Charter of Fundamental Rights. This article shows how a simultaneous application of the trade law and EU Charter ‘necessities’ to EU restrictions on transfers of personal data creates a Catch-22 situation and sketches the ways out of this compliance deadlock.},
keywords = {EU, frontpage, handel, Persoonsgegevens, Privacy},
} Competition law, Consumer law, Data protection law, enforcement, frontpage, Privacy
Article{Yakovleva2020c,
title = {Kaleidoscopic data-related enforcement in the digital age},
author = {Yakovleva, S. and Geursen, W. and Arnbak, A.},
url = {https://www.ivir.nl/publicaties/download/CMLR_2020.pdf},
year = {1001},
date = {2020-10-01},
journal = {Common Market Law Review},
volume = {57},
number = {5},
pages = {1461-1494},
abstract = {The interplay between competition, consumer and data protection law, when applied to data collection and processing practices, may lead to situations where several competent authorities can, independently, carry out enforcement actions against the same practice, or where an authority competent to carry out enforcement in one area of law can borrow the concepts of another area to advance its own goals. The authors call this “kaleidoscopic enforcement”. Kaleidoscopic enforcement may undermine existing coordination mechanisms within specif ic areas, and may lead to both the incoherent enforcement of EU rules applicable to data, and to sub-optimal enforcement. An EU level binding
inter-disciplinary coordination mechanism between competition, consumer and data protection authorities is needed. Now the Commission has announced ambitious plans to enhance the coherent application of EU law in several areas, it is the perfect time to work towards creating such an enforcement mechanism.},
keywords = {Competition law, Consumer law, Data protection law, enforcement, frontpage, Privacy},
} Auteursrecht, creaties, frontpage, kunstmatige intelligentie, makers
Article{Hugenholtz2020d,
title = {De kunstmatige maker: over de gevolgen van het Endstra-arrest voor de bescherming van artificiële creaties},
author = {Hugenholtz, P.},
url = {https://www.ivir.nl/publicaties/download/IER_2020_5.pdf},
year = {1001},
date = {2020-10-01},
journal = {Intellectuele Eigendom & Reclamerecht (IER)},
number = {5},
keywords = {Auteursrecht, creaties, frontpage, kunstmatige intelligentie, makers},
}