L. Guibault

Clash of cultures - integrating copyright and consumer law

Purpose – This article seeks to deal with the fundamental conceptual differences between consumer law and copyright law that render the application of consumer law to copyright-law related conflicts difficult. Design/methodology/approach – Following a normative approach to copyright and consumer law based on an analysis of the relevant literature and case law, the article examines in which situations consumers encounter obstacles when trying to rely on consumer law to invoke ‘‘privileges’’ granted to them under copyright law, such as the private copying exception. Findings – Research shows that most difficulties lie in the fundamental conceptual differences between consumer law and copyright law regarding the objectives and beneficiaries of each regime, as well as diverging conceptions of ‘‘property’’, ‘‘user rights’’ and ‘‘internal market’’. Such discrepancies undeniably follow from the fact that each regime traditionally never had to deal with each other’s concerns: consumers never played a role in copyright law, whereas copyright protected works were not seen as consumer goods. Originality/value – By identifying the main conceptual differences between the two legal regimes, the article contributes in an inter-disciplinary manner to the discussion on the place of the digital consumer under European law.

Open content licensing : from theory to practice

Innovative scientific research plays a crucial role in addressing global challenges, such as healthcare and environmental and security issues, while research in social sciences and the humanities occupies a key function in understanding emerging social phenomena. The speed and depth of scientific research, understood in its broadest sense, depends on fostering collaborative exchanges between different communities and assuring its widest dissemination. This, in turn, is fundamental for the constant evolution of science and human progress. Access to research output not only increases the returns from public investment in this area, but also reinforces open scientific inquiry. It encourages diversity of opinion, promotes new areas of work and enables the exploration of topics not envisioned by the initial investigators. Collaborative exchanges help avoid the unnecessary duplication of research and address some of the global health inequalities. Timely and cost-efficient access to scientific research, therefore, contributes to increasing general economic and social welfare. More than any other kind of research, publicly funded scientific research constitutes an essential building block for further progress and innovation, one that is often seen as a collective good. For this reason, the common assumption is that, for the greater good of science and the public interest, publicly funded research should be made accessible without restriction. This principle of unfettered access also entails the freedom to use and reuse publicly funded scientific research.Public authorities keep vast amounts of information. Freedom of information (‘FOIA’) laws give the public rights of access to much public sector information. The spread of FOIAs across the globe testifies to their importance as instruments for enhancing democratic accountability. But access to public sector information not only serves political purposes. It is also thought to have economic benefits, enabling the development of new information products and services. This is the policy objective behind the EU Directive 2003/98 on the Re-use of Public Sector Information (PSI Directive).Despite popular belief to the contrary, much public sector information is subject to intellectual property rights. Both access to public sector information for democratic purposes and for economic purposes have implications for how intellectual property rights in information produced by governments are exercised. Rather curiously perhaps, FOIA’s are generally silent on the issue. Nor does the PSI Directive prescribe how public sector bodies should exercise any exlcusive rights in information. This paper explores the role of copyright policy in the light of the objectives and principles of both freedom of information law and the regulatory framework for re-use of public sector information. More specifically, it queries whether open content licenses like Creative Commons are indeed the attractive instrument they appear to be for public sector bodies that seek to enhance transparent access to their information, be it for purposes of democratic accountability or re-use for economic or other uses.Papieren pracht uit de Amsterdamse Gouden Eeuw - 8[-]Woord vooraf - 12[-]Inhoud - 13[-]Dr. Th.J. Steenbergen en het moderne mecenaat - 15[-]Een goudmijn voor de Gouden Eeuw - 19[-]Publieke collecties en particulier initiatief - 21[-]Geestig, amoureus en aandachtig - 24[-]Roeien naar de Volewijck - 32[-]Hoe Cupido Nederlands leerde - 40[-]Nuchtere lessen voor het dagelijks leven - 48[-]Open content licensing : from theory to practice - 2[-]Contents - 6[-]1. Open Content Licensing: From Theory to Practice - An Introduction - 8[-]2. Towards a New Social Contract: Free-Licensing into the Knowledge Commons1 - 22[-]3. Is Open Content a Victim of its Own Success? Some Economic Thoughts on the Standardization of Licenses - 52[-]4. (Re)introducing Formalities in Copyright as a Strategy for the Public Domain - 76[-]5. User-Related Assets and Drawbacks of Open Content Licensing - 108[-]6. Owning the Right to Open Up Access to Scientific Publications - 138[-]7. Friends or Foes? Creative Commons, Freedom of Information Law and the European Union Framework for Reuse of Public Sector Information - 170[-]8. Contributing to Conversational Copyright: Creative Commons Licences and Cultural Heritage Institutions1 - 204[-]9. Creative Commons and Related Rights in Sound Recordings: Are the Two Systems Compatible? - 244

Standardisation in the area of innovation and technological development, notably in the field of Text and Data Mining: report from the expert group

Text and data mining (TDM) is an important technique for analysing and extracting new insights and knowledge from the exponentially increasing store of digital data (‘Big Data’). TDM is useful to researchers of all kinds, from historians to medical experts, and its methods are relevant to organisations throughout the public and private sectors. TDM represents a significant economic opportunity for Europe. Prolific use of TDM would add tens of billions of Euros in value to the EU’s aggregate GDP. At present, the use of TDM tools by researchers in Europe appears to be lower than in its main competitors. There is a serious risk that Europe’s relative competitive position as a research location for the exploitation of digital data will deteriorate further, if steps are not taken to address the issues discussed in this report.

Owning the Right to Open Up Access to Scientific Publications

Innovative scientific research plays a crucial role in addressing global challenges, such as healthcare and environmental and security issues, while research in social sciences and the humanities occupies a key function in understanding emerging social phenomena. The speed and depth of scientific research, understood in its broadest sense, depends on fostering collaborative exchanges between different communities and assuring its widest dissemination. This, in turn, is fundamental for the constant evolution of science and human progress. Access to research output not only increases the returns from public investment in this area, but also reinforces open scientific inquiry. It encourages diversity of opinion, promotes new areas of work and enables the exploration of topics not envisioned by the initial investigators. Collaborative exchanges help avoid the unnecessary duplication of research and address some of the global health inequalities. Timely and cost-efficient access to scientific research, therefore, contributes to increasing general economic and social welfare. More than any other kind of research, publicly funded scientific research constitutes an essential building block for further progress and innovation, one that is often seen as a collective good. For this reason, the common assumption is that, for the greater good of science and the public interest, publicly funded research should be made accessible without restriction. This principle of unfettered access also entails the freedom to use and reuse publicly funded scientific research.Public authorities keep vast amounts of information. Freedom of information (‘FOIA’) laws give the public rights of access to much public sector information. The spread of FOIAs across the globe testifies to their importance as instruments for enhancing democratic accountability. But access to public sector information not only serves political purposes. It is also thought to have economic benefits, enabling the development of new information products and services. This is the policy objective behind the EU Directive 2003/98 on the Re-use of Public Sector Information (PSI Directive).Despite popular belief to the contrary, much public sector information is subject to intellectual property rights. Both access to public sector information for democratic purposes and for economic purposes have implications for how intellectual property rights in information produced by governments are exercised. Rather curiously perhaps, FOIA’s are generally silent on the issue. Nor does the PSI Directive prescribe how public sector bodies should exercise any exlcusive rights in information. This paper explores the role of copyright policy in the light of the objectives and principles of both freedom of information law and the regulatory framework for re-use of public sector information. More specifically, it queries whether open content licenses like Creative Commons are indeed the attractive instrument they appear to be for public sector bodies that seek to enhance transparent access to their information, be it for purposes of democratic accountability or re-use for economic or other uses.Papieren pracht uit de Amsterdamse Gouden Eeuw - 8[-]Woord vooraf - 12[-]Inhoud - 13[-]Dr. Th.J. Steenbergen en het moderne mecenaat - 15[-]Een goudmijn voor de Gouden Eeuw - 19[-]Publieke collecties en particulier initiatief - 21[-]Geestig, amoureus en aandachtig - 24[-]Roeien naar de Volewijck - 32[-]Hoe Cupido Nederlands leerde - 40[-]Nuchtere lessen voor het dagelijks leven - 48[-]Open content licensing : from theory to practice - 2[-]Contents - 6[-]1. Open Content Licensing: From Theory to Practice - An Introduction - 8[-]2. Towards a New Social Contract: Free-Licensing into the Knowledge Commons1 - 22[-]3. Is Open Content a Victim of its Own Success? Some Economic Thoughts on the Standardization of Licenses - 52[-]4. (Re)introducing Formalities in Copyright as a Strategy for the Public Domain - 76[-]5. User-Related Assets and Drawbacks of Open Content Licensing - 108[-]6. Owning the Right to Open Up Access to Scientific Publications - 138[-]7. Friends or Foes? Creative Commons, Freedom of Information Law and the European Union Framework for Reuse of Public Sector Information - 170[-]8. Contributing to Conversational Copyright: Creative Commons Licences and Cultural Heritage Institutions1 - 204[-]9. Creative Commons and Related Rights in Sound Recordings: Are the Two Systems Compatible? - 244

Is Europe Falling Behind in Data Mining? Copyright's Impact on Data Mining in Academic Research

With the diffusion of digital information technology, data mining (DM) is widely expected to increase the productivity of all kinds of research activities. Based on bibliometric data, we demonstrate that the share of DM-related research articles in all published academic papers has increased substantially over the last two decades. We develop an ordinal categorization of countries according to essential aspects of the copyright system affecting the costs and benefits of DM research. We demonstrate that countries in which data mining for academic research requires the express consent of rights holders, data mining makes up a significantly smaller share of total research output. To our knowledge, this is the first time that an empirical study identified a significant negative association between copyright protection and innovation. We also show that within countries where DM requires express consent by rights holders, there is an inverse relationship between rule of law indicators and the share of DM related articles in all research articles.

Open content licensing: from theory to practice: an introduction

Innovative scientific research plays a crucial role in addressing global challenges, such as healthcare and environmental and security issues, while research in social sciences and the humanities occupies a key function in understanding emerging social phenomena. The speed and depth of scientific research, understood in its broadest sense, depends on fostering collaborative exchanges between different communities and assuring its widest dissemination. This, in turn, is fundamental for the constant evolution of science and human progress. Access to research output not only increases the returns from public investment in this area, but also reinforces open scientific inquiry. It encourages diversity of opinion, promotes new areas of work and enables the exploration of topics not envisioned by the initial investigators. Collaborative exchanges help avoid the unnecessary duplication of research and address some of the global health inequalities. Timely and cost-efficient access to scientific research, therefore, contributes to increasing general economic and social welfare. More than any other kind of research, publicly funded scientific research constitutes an essential building block for further progress and innovation, one that is often seen as a collective good. For this reason, the common assumption is that, for the greater good of science and the public interest, publicly funded research should be made accessible without restriction. This principle of unfettered access also entails the freedom to use and reuse publicly funded scientific research.Public authorities keep vast amounts of information. Freedom of information (‘FOIA’) laws give the public rights of access to much public sector information. The spread of FOIAs across the globe testifies to their importance as instruments for enhancing democratic accountability. But access to public sector information not only serves political purposes. It is also thought to have economic benefits, enabling the development of new information products and services. This is the policy objective behind the EU Directive 2003/98 on the Re-use of Public Sector Information (PSI Directive).Despite popular belief to the contrary, much public sector information is subject to intellectual property rights. Both access to public sector information for democratic purposes and for economic purposes have implications for how intellectual property rights in information produced by governments are exercised. Rather curiously perhaps, FOIA’s are generally silent on the issue. Nor does the PSI Directive prescribe how public sector bodies should exercise any exlcusive rights in information. This paper explores the role of copyright policy in the light of the objectives and principles of both freedom of information law and the regulatory framework for re-use of public sector information. More specifically, it queries whether open content licenses like Creative Commons are indeed the attractive instrument they appear to be for public sector bodies that seek to enhance transparent access to their information, be it for purposes of democratic accountability or re-use for economic or other uses.Papieren pracht uit de Amsterdamse Gouden Eeuw - 8[-]Woord vooraf - 12[-]Inhoud - 13[-]Dr. Th.J. Steenbergen en het moderne mecenaat - 15[-]Een goudmijn voor de Gouden Eeuw - 19[-]Publieke collecties en particulier initiatief - 21[-]Geestig, amoureus en aandachtig - 24[-]Roeien naar de Volewijck - 32[-]Hoe Cupido Nederlands leerde - 40[-]Nuchtere lessen voor het dagelijks leven - 48[-]Open content licensing : from theory to practice - 2[-]Contents - 6[-]1. Open Content Licensing: From Theory to Practice - An Introduction - 8[-]2. Towards a New Social Contract: Free-Licensing into the Knowledge Commons1 - 22[-]3. Is Open Content a Victim of its Own Success? Some Economic Thoughts on the Standardization of Licenses - 52[-]4. (Re)introducing Formalities in Copyright as a Strategy for the Public Domain - 76[-]5. User-Related Assets and Drawbacks of Open Content Licensing - 108[-]6. Owning the Right to Open Up Access to Scientific Publications - 138[-]7. Friends or Foes? Creative Commons, Freedom of Information Law and the European Union Framework for Reuse of Public Sector Information - 170[-]8. Contributing to Conversational Copyright: Creative Commons Licences and Cultural Heritage Institutions1 - 204[-]9. Creative Commons and Related Rights in Sound Recordings: Are the Two Systems Compatible? - 244

Collective Rights Management Directive

Collective management organisations play an essential role in enabling the mass dissemination of content that is protected by copyright and related rights within Europe and beyond, especially when such dissemination takes place over the internet. Whether it is through commercial content delivery services, through cultural heritage institutions in pursuit of their public mission, or through any other type of legitimate service, works are nowadays typically made accessible beyond the boundaries of a single territory. The need for multiterritorial licensing that spans the entire European territory is more acute than ever. The absence of EU-wide copyright licenses has been one factor that has made it difficult for new internet-based music services to develop their full potential. Rights clearance for the exploitation of non-domestic repertoire must therefore be facilitated asmuch as possible. Since a significant portion of royalty collections in collective management organisations derives from the nondomestic repertoire, the facilitation of multi-territorial licensing of online music rights goes hand in hand with the establishment of a coherent system of collective rights management as a whole. The role and functioning of collective management organisations in the exploitation of copyright protected works in Europe therefore stands under the close scrutiny of European lawmakers and stakeholders with a view to developing solutions for the licensing of the aggregate repertoire of works administered by all European societies.

A right to 'read' for machines: assessing a black-box analysis exception for data mining

This panel looks into the impact of the current copyright framework in the European Union on text and data mining (TDM) and discusses the impact of introducing a TDM exception in EU copyright law. A design of this exception is proposed for the panel, and is partially based on findings in the Horizon 2020 FutureTDM project. This project aims to improve uptake of text and data mining (TDM) in the EU and, in that regard, has studied the legal barriers to TDM and will be developing and recommending a policy framework in the future. Part of this policy framework will consist of possible actions to be undertaken by the ‐European and national – legislators.

Fitting the Bill: FOSS and Alternative Copyright Licensing in the Netherlands

The chapter reflects on the state of free and open source software (‘FOSS’) and other alternative licensing schemes in the Netherlands: though still the exception in copyright licensing, a series of initiatives are paving the way for mainstream recognition and usage. Some examples, explained in the first section dealing, inter alia, with the types of licensing schemes available in the Netherlands and the EU, are the efforts made by the local Creative Commons (‘CC’) team in porting and translating licenses or the recognition by the courts of Creative Commons licensing. Sections two and three of the chapter provide a more detailed legal description of these alternative licensing schemes from the perspective of Dutch contract law and Dutch copyright law, respectively. Those aspects that have still not been construed by either common practice or Dutch courts are dealt with from a legislative and doctrinal point of view. To conclude, the last section of our chapter addresses the potential implications, and challenges, of alternative licensing schemes in the areas of patent law and competition law. Some insight is also given into the opportunities offered to the public sector by the increasingly widespread use of alternative licensing.

Remuneration of authors and performers for the use of their works and the fixation of their performancess. - Final report

This study analyses the current situation regarding the level of remuneration paid to authors and performers in the music and audio-visual sectors. We compare, from both a legal and economic perspective, the existing national systems of remuneration for authors and performers and identify the relative advantages and disadvantages of those systems for them. We also explore the need to harmonise mechanisms affecting the remuneration of authors and performers, and to identify which ones are the best suited to achieve this. Their potential impact on distribution models and on the functioning of the Internal Market is also examined. Finally, the study outlines a series of policy recommendations based on the analysis conducted.