Publications

Top Keywords

Communication to a New Public? Three reasons why EU copyright law can do without a ‘new public’ external link

Hugenholtz, P. & Velze, S.C. van
IIC (International Review of Intellectual Property and Competition Law), vol. 47, num: 7, pp: 797-816, 2016

Abstract

This article critically examines the 'new public' test in EU copyright law, which was developed by the CJEU interpreting the right of communication to the public in cases of retransmission and hyperlinking. As the authors seek to demonstrate, this test is flawed for at least three reasons: historical, conceptual and economic. EU copyright law can do well without a 'new public' test.

aggregation, Auteursrecht, Berne Convention, communication to the public, Copyright, frontpage, hyperlinking, new public

Bibtex

Article{Hugenholtz2016b, title = {Communication to a New Public? Three reasons why EU copyright law can do without a ‘new public’}, author = {Hugenholtz, P. and Velze, S.C. van}, url = {http://link.springer.com/article/10.1007/s40319-016-0512-7?wt_mc=Internal.Event.1.SEM.ArticleAuthorAssignedToIssue}, doi = {https://doi.org/10.1007/s40319-016-0512-7}, year = {1118}, date = {2016-11-18}, journal = {IIC (International Review of Intellectual Property and Competition Law)}, volume = {47}, number = {7}, pages = {797-816}, abstract = {This article critically examines the \'new public\' test in EU copyright law, which was developed by the CJEU interpreting the right of communication to the public in cases of retransmission and hyperlinking. As the authors seek to demonstrate, this test is flawed for at least three reasons: historical, conceptual and economic. EU copyright law can do well without a \'new public\' test.}, keywords = {aggregation, Auteursrecht, Berne Convention, communication to the public, Copyright, frontpage, hyperlinking, new public}, }

Annotatie bij Hof van Justitie van de EU 3 september 2014 (Deckmyn / Vandersteen c.s.) external link

Hugenholtz, P.
Nederlandse Jurisprudentie, num: 37, pp: 4661-4667, 2016

Auteursrecht, beperkingen, frontpage, Naburige rechten, parodie, reproductierecht

Bibtex

Article{Hugenholtz2016b, title = {Annotatie bij Hof van Justitie van de EU 3 september 2014 (Deckmyn / Vandersteen c.s.)}, author = {Hugenholtz, P.}, url = {http://www.ivir.nl/publicaties/download/Annotatie_NJ_2016_351.pdf}, year = {1006}, date = {2016-10-06}, journal = {Nederlandse Jurisprudentie}, number = {37}, keywords = {Auteursrecht, beperkingen, frontpage, Naburige rechten, parodie, reproductierecht}, }

Freedom of expression and defamation: A study of the case law of the European Court of Human Rights external link

McGonagle, T.
Council of Europe, 1004, ISBN: 9789287182500

Abstract

Freedom of expression is a fundamental freedom, one of the cornerstones of democracy in Europe, enshrined in various key texts, including the European Convention on Human Rights. But the boundaries between freedom to criticise and damaging a person’s honour or reputation are not always very clear. By defining public insults and defamation, the law can set limits on freedom of expression, which is neither absolute nor boundless. But how far can it go? This study examines the details of the European Court of Human Right’s case law on defamation. It explores a range of substantive and procedural issues that the Court has considered, and clarifies the concept of defamation, positioning it in relation to freedom of expression and public debate. It explains how overly protective defamation laws can have a chilling effect on freedom of expression and public debate, and discusses the proportionality of defamation laws and their application.

case law, defamation, European Court of Human Rights, Freedom of expression, frontpage, Vrijheid van meningsuiting

Bibtex

Book{McGonagle2016, title = {Freedom of expression and defamation: A study of the case law of the European Court of Human Rights}, author = {McGonagle, T.}, url = {https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=09000016806ac95b}, year = {1004}, date = {2016-10-04}, abstract = {Freedom of expression is a fundamental freedom, one of the cornerstones of democracy in Europe, enshrined in various key texts, including the European Convention on Human Rights. But the boundaries between freedom to criticise and damaging a person’s honour or reputation are not always very clear. By defining public insults and defamation, the law can set limits on freedom of expression, which is neither absolute nor boundless. But how far can it go? This study examines the details of the European Court of Human Right’s case law on defamation. It explores a range of substantive and procedural issues that the Court has considered, and clarifies the concept of defamation, positioning it in relation to freedom of expression and public debate. It explains how overly protective defamation laws can have a chilling effect on freedom of expression and public debate, and discusses the proportionality of defamation laws and their application.}, keywords = {case law, defamation, European Court of Human Rights, Freedom of expression, frontpage, Vrijheid van meningsuiting}, }

International copyright reform in support of open legal information (working paper draft, Sep. 2016) external link

van Eechoud, M. & Guibault, L.
2016

Abstract

This paper analyzes the status of legal information under international and national copyright laws. It argues that the current uncertainties with respect to the copyright status of primary legal materials (legislation, court decisions) and secondary legal materials such as parliamentary records and other official texts relevant to the interpretation of law, constitute a barrier to access and use. The time has come for reform of the international copyright system in WIPO. International law should recognize explicitly that primary and secondary legal materials are public domain and thus not subject to copyright or related rights. This will bring outdated copyright norms across the world up to date with current developments: the trend towards universal recognition of the right to access government information as part of human rights, the UN’s sustainable development goals with respect to access to law, and the rapid growth of open government policies worldwide, supported by the Open Government Partnership (OGP).

access to law, Copyright, Freedom of expression, frontpage, Fundamental rights, open government, right to know

Bibtex

Article{vanEechoud2016, title = {International copyright reform in support of open legal information (working paper draft, Sep. 2016)}, author = {van Eechoud, M. and Guibault, L.}, url = {http://www.ivir.nl/publicaties/download/OpendataCopyrightReform_ODRSdraft-WP_sep16.pdf}, year = {0930}, date = {2016-09-30}, abstract = {This paper analyzes the status of legal information under international and national copyright laws. It argues that the current uncertainties with respect to the copyright status of primary legal materials (legislation, court decisions) and secondary legal materials such as parliamentary records and other official texts relevant to the interpretation of law, constitute a barrier to access and use. The time has come for reform of the international copyright system in WIPO. International law should recognize explicitly that primary and secondary legal materials are public domain and thus not subject to copyright or related rights. This will bring outdated copyright norms across the world up to date with current developments: the trend towards universal recognition of the right to access government information as part of human rights, the UN’s sustainable development goals with respect to access to law, and the rapid growth of open government policies worldwide, supported by the Open Government Partnership (OGP).}, keywords = {access to law, Copyright, Freedom of expression, frontpage, Fundamental rights, open government, right to know}, }

Shrinking core? Exploring the differential agenda setting power of traditional and personalized news external link

Möller, J., Helberger, N., Trilling, D., Irion, K. & Vreese, C.H. de
info, vol. 18, num: 6, pp: 26-41, 2016

Abstract

A shared issue agenda provides democracies with a set of topics that structure the public debate. The advent of personalized news media that use smart algorithms to tailor the news offer to the user challenges the established way of setting the agenda of such a common core of issues. This paper tests the effects of personalized news use on perceived importance of these issues in the common core. In particular we study whether personalized news use leads to a concentration at the top of the issue agenda or to a more diverse issue agenda with a long tail of topics. Based on a cross-sectional survey of a representative population sample (N=1556), we find that personalized news use does not lead to a small common core in which few topics are discussed extensively, yet there is a relationship between personalized news use and a preference for less discussed topics. This is a result of a specific user profile of personalized news users: younger, more educated news users are more interested in topics at the fringes of the common core and also make more use of personalized news offers. The results are discussed in the light of media diversity and recent advances in public sphere research.

common core, fragmentation, frontpage, Media law, media law & policy, Personalisation, survey

Bibtex

Article{Moeller2016, title = {Shrinking core? Exploring the differential agenda setting power of traditional and personalized news}, author = {Möller, J. and Helberger, N. and Trilling, D. and Irion, K. and Vreese, C.H. de}, url = {http://www.emeraldinsight.com/doi/pdfplus/10.1108/info-05-2016-0020}, doi = {https://doi.org/http://dx.doi.org/10.1108/info-05-2016-0020}, year = {0927}, date = {2016-09-27}, journal = {info}, volume = {18}, number = {6}, pages = {26-41}, abstract = {A shared issue agenda provides democracies with a set of topics that structure the public debate. The advent of personalized news media that use smart algorithms to tailor the news offer to the user challenges the established way of setting the agenda of such a common core of issues. This paper tests the effects of personalized news use on perceived importance of these issues in the common core. In particular we study whether personalized news use leads to a concentration at the top of the issue agenda or to a more diverse issue agenda with a long tail of topics. Based on a cross-sectional survey of a representative population sample (N=1556), we find that personalized news use does not lead to a small common core in which few topics are discussed extensively, yet there is a relationship between personalized news use and a preference for less discussed topics. This is a result of a specific user profile of personalized news users: younger, more educated news users are more interested in topics at the fringes of the common core and also make more use of personalized news offers. The results are discussed in the light of media diversity and recent advances in public sphere research.}, keywords = {common core, fragmentation, frontpage, Media law, media law & policy, Personalisation, survey}, }

Europeana Sounds and Copyrights: The Need for and Challenges in Licensing Archival Material external link

Schroff, S.
2015

collective management, Copyright, Europeana, Licensing

Bibtex

Report{Schroff2015, title = {Europeana Sounds and Copyrights: The Need for and Challenges in Licensing Archival Material}, author = {Schroff, S.}, url = {http://pro.europeana.eu/files/Europeana_Professional/Projects/Project_list/Europeana_Sounds/Other%20documents%20related%20to%20the%20project/Europeana%20Report%20by%20IVIR%20final.pdf}, year = {1223}, date = {2015-12-23}, keywords = {collective management, Copyright, Europeana, Licensing}, }

Collective Management Organisations, Creativity and Cultural Diversity external link

Street, J., Laing, D. & Schroff, S.
CREATe Working Paper Series, vol. 2015/02, pp: 1-31, 2015

CMO, collective management, creativity, cultural diversity

Bibtex

Article{Street2015, title = {Collective Management Organisations, Creativity and Cultural Diversity}, author = {Street, J. and Laing, D. and Schroff, S.}, url = {http://www.create.ac.uk/publications/collective-management-organisations-creativity-and-cultural-diversity/}, year = {0202}, date = {2015-02-02}, journal = {CREATe Working Paper Series}, volume = {2015/02}, pages = {1-31}, keywords = {CMO, collective management, creativity, cultural diversity}, }

Requirements for Diligent Search in the United Kingdom, the Netherlands, and Italy external link

Favale, M., Schroff, S. & Bertoni, A.
num: 1-48, 2016

diligent search, orphan works

Bibtex

Report{Favale2016, title = {Requirements for Diligent Search in the United Kingdom, the Netherlands, and Italy}, author = {Favale, M. and Schroff, S. and Bertoni, A.}, url = {http://diligentsearch.eu/wp-content/uploads/2016/02/Deliverable1-1-Diligent-Search3Countries.pdf}, year = {0129}, date = {2016-01-29}, number = {1-48}, keywords = {diligent search, orphan works}, }

Regulating CMOs by competition: an incomplete answer to the licensing problem? external link

Hviid, M., Schroff, S. & Street, J.
CREATe Working Paper Series, vol. 2016/03, pp: 1- 31, 2016

Abstract

While the three functions of Collective Management Organisations – to licence use, monitor use, and to collect and distribute the revenue – have traditionally been accepted as leading to a natural (national) monopoly, digital exploitation of music may no longer support such a conclusion. The European Commission has challenged the traditional structures through reforms that increase the degree of competition. This paper asks whether the reforms have had the desired effect and shows, through qualitative research, that at least as regards the streaming of music, competition has not delivered. Part of the reason for this may be that the services required by the now competing CMOs have changed.

collective management, competition, Licensing

Bibtex

Article{Hviid2016, title = {Regulating CMOs by competition: an incomplete answer to the licensing problem?}, author = {Hviid, M. and Schroff, S. and Street, J.}, url = {http://www.create.ac.uk/publications/regulating-cmos-by-competition-an-incomplete-answer-to-the-licensing-problem/}, year = {0301}, date = {2016-03-01}, journal = {CREATe Working Paper Series}, volume = {2016/03}, pages = {1- 31}, abstract = {While the three functions of Collective Management Organisations – to licence use, monitor use, and to collect and distribute the revenue – have traditionally been accepted as leading to a natural (national) monopoly, digital exploitation of music may no longer support such a conclusion. The European Commission has challenged the traditional structures through reforms that increase the degree of competition. This paper asks whether the reforms have had the desired effect and shows, through qualitative research, that at least as regards the streaming of music, competition has not delivered. Part of the reason for this may be that the services required by the now competing CMOs have changed.}, keywords = {collective management, competition, Licensing}, }

Regulating for Creativity and Cultural Diversity: the Case of Collective Management Organisations and the Music Industry external link

Street, J., Laing, D. & Schroff, S.
International Journal of Cultural Policy, pp: 1-16, 2017

Abstract

This paper explores the role of intermediary institutions in promoting creativity and cultural diversity in the music industry, and the impact of cultural policy on the performance of those intermediaries. It reviews some of the existing literature on the relationship between economic conditions and innovation in music, and argues that too little attention has been paid to intermediaries. Focusing on collective management organisations (CMOs) as one example of overlooked intermediaries, we illustrate, by way of comparison, the different priorities and incentives that drive CMO practice. These variations, we suggest, are important to appreciating how CMOs operate as intermediaries in different territories. We then turn our attention to recent attempts by the EU to reform CMO practice as part of its Digital Single Market project. The fact that the CMO has been an object of reform is indicative of its importance. However, there is more at stake here: the reforms themselves, in seeking to change the role and behaviour of CMOs will, we suggest, have profound consequences for the market in music in Europe, and for creativity and cultural diversity within that market.

collective management organisations, Copyright, creativity, cultural diversity, Digital Single Market, EU, frontpage, music industry

Bibtex

Article{Street2016, title = {Regulating for Creativity and Cultural Diversity: the Case of Collective Management Organisations and the Music Industry}, author = {Street, J. and Laing, D. and Schroff, S.}, url = {http://www.tandfonline.com/doi/full/10.1080/10286632.2016.1178733}, doi = {https://doi.org/http://dx.doi.org/10.1080/10286632.2016.1178733}, year = {0117}, date = {2017-01-17}, journal = {International Journal of Cultural Policy}, abstract = {This paper explores the role of intermediary institutions in promoting creativity and cultural diversity in the music industry, and the impact of cultural policy on the performance of those intermediaries. It reviews some of the existing literature on the relationship between economic conditions and innovation in music, and argues that too little attention has been paid to intermediaries. Focusing on collective management organisations (CMOs) as one example of overlooked intermediaries, we illustrate, by way of comparison, the different priorities and incentives that drive CMO practice. These variations, we suggest, are important to appreciating how CMOs operate as intermediaries in different territories. We then turn our attention to recent attempts by the EU to reform CMO practice as part of its Digital Single Market project. The fact that the CMO has been an object of reform is indicative of its importance. However, there is more at stake here: the reforms themselves, in seeking to change the role and behaviour of CMOs will, we suggest, have profound consequences for the market in music in Europe, and for creativity and cultural diversity within that market.}, keywords = {collective management organisations, Copyright, creativity, cultural diversity, Digital Single Market, EU, frontpage, music industry}, }