Copyright

 

Copyright and the Protection of Personal Data - Intermediaries Caught Between Two Areas of the Law

Authors: Dr Martin Rupp and Mag. Peter Matzneller, Institute for European Media Law (EMR), Saarbrücken/Brussels

Published: 01/05/2014

Data protection law imposes limits on "unlimited information". Copyright infringers – or even potential infringers – are also entitled to assert the rights granted to them by data protection law to continue to determine the use of their personal information, and the legal order is therefore required to regulate this sensitive area. On the one hand, rightsholders need certain information in order to assert their rights effectively; on the other hand, data protection law requires that steps be taken to prevent the proliferation of that information. This article discusses this uneasy relationship.  More


Public Sector Information and Audiovisual Archives

Authors: Catherine Jasserand, Institute for Information Law (IViR), University of Amsterdam

Published: 12/12/2013

This article describes the main lines of the recently amended Directive on the re-use of public sector information. This Directive provides "a minimum set of rules governing the re-use and the practical means of facilitating re-use of existing documents held by public sector bodies of the member states." The Directive does not regulate access to such information, which remains a competence of member states, but focuses on the economic aspects of re-use of information and encourages the member states to make as much information available for re-use as possible.  More


User-generated Content and Audiovisual News: The Ups and Downs of an Uncertain Relationship

Authors: Tarlach McGonagle, Institute for Information Law (IViR), Faculty of Law, University of Amsterdam

Published: 01/04/2013

The field of open journalism and "user generated news" is multi-faceted and its potential regulatory needs warrant first of all some stock taking. To disclose and locate such needs is the goal of the Lead Article of this IRIS plus. The article analyses the impact that resorting to user-generated content has on news-making processes and highlights possible legal consequences. Among others, the article distinguishes different kinds of user-generated content and possible definitions and it looks into how they are or rather might be handled – on a European level – in the jurisprudence on freedom of expression and information as well as in the context of general regulation. It also illustrates why user-generated-content becomes such a "special animal" when offered as part of the news in audiovisual media and how this form of open journalism is capable of generating even more issues concerning media freedom and news-making processes.  More


Short Reporting Rights in Europe: European Legal Rules and their National Transposition and Application

Authors: Peter Matzneller, Institute for European Media Law (EMR), Saarbrücken/Brussels

Published: 01/06/2012

This IRIS plus explains how the so-called right to short reporting affects the legal positions and business models of exclusive rights holders and how much scope the European provisions allow the various transposition models.  More


Determining the Term of Protection for Films: When Does a Film Fall into the Public Domain in Europe?

Authors: Christina Angelopoulos, Institute for Information Law (IViR), University of Amsterdam

Published: 01/03/2012

This IRIS plus examines the European legal framework for determining the length of intellectual property rights protection for cinematographic and audiovisual works as well as certain problems of its transposition into national law.  More


Fighting Internet Piracy in Russia: the Legal Framework and its Development

Authors: Dmitry Golovanov, Moscow Media Law and Policy Centre

Published: 01/01/2012

Focusing on Russia, this IRIS plus illustrates the dimension of the piracy problem. It explains the current legal framework of which state institutions in Russia dispose to combat piracy and how courts apply it in practice. The article underlines that in particular the liability of access and hosting services remains an issue, especially in the context of video content posted on the Internet. It also looks into arguments on how to improve anti-piracy measures and in particular how to work towards solutions that take the global dimension of piracy into account.  More


IRIS Themes - Freedom of Expression and the Media: Standard-setting by the Council of Europe (II) Parliamentary Assembly

Authors: European Audiovisual Observatory

Published: 01/12/2011

This e-book provides valuable insights into the work of the Parliamentary Assembly of the Council of Europe (PACE) on freedom of expression and the media. It summarises the many positions adopted by the PACE since June 1995 in no less than 49 official documents designed to guide the member states of the Council of Europe. It also provides direct access to each of those official documents.  More


IRIS Themes - Freedom of Expression and the Media: Standard-setting by the Council of Europe (I) Committee of Ministers

Authors: European Audiovisual Observatory

Published: 01/12/2011

This e-book provides valuable insights into the work of the Committee of Ministers of the Council of Europe on freedom of expression and the media. It summarises the many principles and normative requirements adopted by the Council since November 1994 in no less than 57 official documents designed to guide the member states of the Council of Europe. It also provides direct access to each of those official documents.  More


Private Copying Levies at the Crossroads

Authors: Francisco Javier Cabrera Blázquez, European Audiovisual Observatory

Published: 01/06/2011

This IRIS plus sheds light on the roots and current regulation of private copying levies. In particular it addresses the question of how to respond to the increase of private copying triggered by the digital means of reproduction and distribution. Do we need a new rule for digital reception devices to compensate rightsholders? Looking at the same problem from a different angle, the lead article also investigates various ways of how to deal with file-sharing. Can/should it be legalized at the price of fair compensation?  More


The Digital Dividend: Opportunities and Obstacles

Authors: David Korteweg & Tarlach McGonagle, Institute for Information Law (IViR), Faculty of Law, University of Amsterdam

Published: 01/12/2010

This IRIS plus deals with the rules and regulations currently determining the possible uses of the digital dividend.  More


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