Evi Werkers

In The Aftermath of the Promusicae Case: How to Strike the Balance?

Copyright societies are currently pushing for increased private enforcement of intellectual property rights on the Internet, in particular by trying to involve Internet Service Providers (ISPs) in their combat against copyright infringements, and by pushing for new legislative mechanisms. This raises serious legal problems and questions both in terms of the protection of users’ privacy, their right to a fair trial, and the liability of ISPs. This article discusses the difficult task of balancing copyright interests and fundamental rights as debated in the Promusicae case.

The production and distribution of audiovisual works via new media in the light of European media policy: constraints and opportunities

Purpose – Audiovisual works – especially cinematographic works – are at the heart of the changes resulting from the development of the information society. Media convergence radically changed the way traditional audiovisual content is produced, distributed, consumed and eventually archived. Film producers slowly started to experiment with new ways of digital production such as the shortening of release windows to favor new on demand services. How does this translate to European film policy? Due to the unique double nature of cinematographic works which are both economic and cultural goods at the same time, the European film policy is at the crossing point of media, culture, competition and heritage. This paper seeks to address these issues. Design/methodology/approach – In this research paper the authors assessed to what extent the adoption of digital technologies is stimulated throughout the value chain of film making and more precisely to what degree the distribution of a European culturally diverse catalogue of films is encouraged. Findings – For the first time in history, European producers have the tools at their disposal to collaborate, promote and distribute internationally, at lower transaction costs and at a higher speed, and to look beyond their national market. The fast-evolving technological developments provided the European legislator with the opportunity to strengthen and support the promotion of the European cultural identity in all its diversity. But is this also reflected in the current legislative framework? It is clear that different hurdles still need to be tackled. Originality/value – In this research paper an overview is given of the regulatory steps that have been taken so far in the field of European film policy to stimulate the digital production and distribution of European film productions. In the context of new unfolding alliances between stakeholders and experiments with premium video-on-demand or shorter cinema release windows, the relevance of digital production and distribution schemes can no longer be neglected. The emergence of web-based services including cloud computing is likely to accelerate this trend.

The Fight Against Piracy in Peer-to-Peer Networks: the Sword of Damocles Hanging over ISP’s Head?

During the past few years, copyright holders and holders of related rights have started to legally challenge peer-to-peer networks. Their latest strategy consists of trying to actively involve Internet service providers (ISPs) in this combat, e.g. through the implementation of filters. This development raises legal problems and questions both in terms of the liability of ISPs and the protection of privacy of their clients. This chapter discusses the difficult task of balancing copyright interests and fundamental rights which as the European Court of Justice clearly stated in the Promusicae case remains a matter of Member States.