JUDGEMADE EU COPYRIGHT HARMONISATION the Case Of
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December 5, 2012 Via Electronic Submission Maria Pallante Register of Copyrights United States Copyright Office Library of Cong
December 5, 2012 Via Electronic Submission Maria Pallante Register of Copyrights United States Copyright Office Library of Congress 101 Independence Avenue, S.E. Washington, D.C. 20559-6003 Re: Comments of Sotheby’s, Inc. and Christie’s Inc. in Response to Copyright Office’s Notice of Inquiry re Resale Royalty Right, Docket No. 2012-10, 77 Fed. Reg. 58175 (Sept. 19, 2012) Dear Ms. Pallante: I am writing on behalf of Sotheby’s, Inc. and Christie’s Inc. (together, the “Auction Houses”) in response to the Copyright Office’s Notice of Inquiry dated September 13, 2012, published in the Federal Register on September 19, 2012, 77 Fed. Reg. 58175 (“Notice of Inquiry”). The Notice of Inquiry sought comment on “the means by which visual artists exploit their works under existing law as well as the issues and obstacles that may be encountered when considering a federal resale royalty right in the United States.” Id. at 58175. The Auction Houses welcome the opportunity to respond to the questions raised in the Notice of Inquiry. I. Introduction and Summary Sotheby’s, headquartered in New York, and Christie’s, headquartered in London, are the world’s two largest auction houses. Together, the Auction Houses employ more than 1,300 people in the United States and account for nearly $4 billion in sales in this country. In keeping with the international nature of the art market, the businesses of the Auction Houses are highly globalized, with a large percentage of transactions involving sellers and buyers from around the world, and each of the Auction Houses conducts auctions in many locations outside of the U.S., including Europe, China, and the Middle East. -
On the Treatment of the Sui Generis Database Rights in Version 3.0 of the Creative Commons Licenses
On the treatment of the sui generis database rights in Version 3.0 of the Creative Commons licenses. Background: Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases (the "Database Directive") created a new basis for the protection of databases ("sui generis database protection") not previously recognized under copyright law. The database directive has by now been implemented by the 25 member states of the EU (plus some of the countries such as Norway that are part of the European Economic Area - EEA). Outside of Europe there is no sui generis protection of Databases. In some countries (for example Germany) the database directive has been implemented as part of the national copyright act, while others (such as the Netherlands) have chosen to implement via a separate act (in this case the database act). The lawmakers of the European Union decided that in order to provide greater protection to collections of information they should have a unified legal protection for databases. To this end, they created a sui generis right called database right. The database right lasts for 15 years under this regime, but can be extended if the database is updated. Database rights prevent copying of substantial parts of a database (including frequent extraction of insubstantial parts). However unlike copyright the protection of the database right is not over the form of expression of information but of the information itself [source: en.wikipedia.org/wiki/Database_rights]. Prior to Version 3.0, some localized and translated versions of the Creative Commons licenses (Belgium, Netherlands, France and Germany) contained references to national legislation passed pursuant to the Database Directive, by defining a "work" to include databases protected by these laws. -
Review of the EU Copyright Framework
Review of the EU copyright framework European Implementation Assessment Review of the EU copyright framework: The implementation, application and effects of the "InfoSoc" Directive (2001/29/EC) and of its related instruments European Implementation Assessment Study In October 2014, the Committee on Legal Affairs (JURI) requested from the European Parliament Research Service (EPRS) an Ex Post Impact Assessment on Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society (InfoSoc). This EPRS publication was originally commissioned in the context of JURI's own- initiative implementation report, which was adopted in Plenary in July 2015, Rapporteur Julia Reda MEP. However, it is also relevant to the work of JURI Committees' Working Group on Intellectual Property Rights and Copyright (CWG), chaired by Jean Marie Cavada MEP. Furthermore, this request was made in the wider context of the Commission's review of the EU legislative framework on copyright, and the ensuing legislative proposals, which have been a long time in the planning and which are now expected for the 4th quarter of 2015. The objective of these proposals is to modernise the EU copyright framework, and in particular the InfoSoc Directive, in light of the digital transformation. Accordingly, in response to the JURI request, the Ex-Post Impact Assessment Unit of the European Parliament Research Service decided to produce a "European Implementation Assessment on the review of the EU copyright framework". Implementation reports of EP committees are now routinely accompanied by European Implementation Assessments, drawn up by the Ex-Post Impact Assessment Unit of the Directorate for Impact Assessment and European Added Value, within the European Parliament's Directorate-General for Parliamentary Research Services. -
A Criticism of the E.U. Directive Protecting Computer Software
Buffalo Journal of International Law Volume 3 Number 2 Article 5 1-1-1997 A Criticism of the E.U. Directive Protecting Computer Software Robert Shaposka Follow this and additional works at: https://digitalcommons.law.buffalo.edu/bjil Part of the European Law Commons, and the Intellectual Property Law Commons Recommended Citation Shaposka, Robert (1997) "A Criticism of the E.U. Directive Protecting Computer Software," Buffalo Journal of International Law: Vol. 3 : No. 2 , Article 5. Available at: https://digitalcommons.law.buffalo.edu/bjil/vol3/iss2/5 This Note is brought to you for free and open access by the Law Journals at Digital Commons @ University at Buffalo School of Law. It has been accepted for inclusion in Buffalo Journal of International Law by an authorized editor of Digital Commons @ University at Buffalo School of Law. For more information, please contact [email protected]. A CRITICISM OF THE E.U. DIRECTIVE PROTECTING COMPUTER SOFTWARE Robert Shaposka* I. INTRODUCTION Computer technology offers a vision of humankind's future - a "sneak peek" into the culture of tomorrow. Disheartening, however, is the chasm separating computer related legislation and the realities underpinning the computer world's actual practices. Early legal protection of computers was general and basic. Often legislatures treated computers as pure goods; an oversimplified approach incompatible with the unusual international market forces affecting the fledgling industry. Computers no longer fit within a neat definition of goods, as Charles Levy writes: If you look at the computer industry in the world.. .the hardware is not the money maker for computers (sic) companies any more. -
Directive 96/9/Ec
DIRECTIVE 96/9/EC (Database Directive) of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases [Introductory remarks] 1. General. The Database Directive has created a two-tier protection regime for electronic and non-electronic databases. Member States are to pro- tect databases by copyright as intellectual creations (Chapter 2), and provide for a sui generis right (database right) to protect the contents of a database in which the producer has substantially invested (Chapter 3). Both rights may apply cumulatively if the prerequisites for both regimes are fulfilled. The introduction of sui generis protection was considered necessary after supreme courts in the Netherlands and the US had held that copyright does not protect databases reflecting merely economic investment or intellectual effort (see Feist (US) and Van Dale (Netherlands)). Prior to implementation, intellectual property protection for non-original compilations existed in just a few Member States (the United Kingdom, Denmark, Sweden and the Nether- lands). Many Member States provided only for unfair competition remedies, to be applied in special circumstances, or no remedies at all. However, the absence of a harmonized legal framework for unfair competition in Europe necessitated the introduction of a sui generis right to complement copyright protection for databases (recital 6). 2. Harmonization. The Directive is based on arts. 47(2), 55 and 95 of the EC Treaty, and is aimed at harmonizing the legal protection of databases across the European Community. The copyright chapter of the Directive harmonizes the originality standard for databases, which prior to the implementation dif- fered greatly between Member States, especially between countries of the authors’ right tradition where a measure of creativity, personal character or personal imprint was required, and the two Member States (Ireland and the UK) of the British copyright tradition where mere skill and labour sufficed. -
Book Review. European Copyright Law: a Commentary
Maurer School of Law: Indiana University Digital Repository @ Maurer Law Articles by Maurer Faculty Faculty Scholarship 2011 Book Review. European Copyright Law: A Commentary. Marshall A. Leaffer Indiana University Maurer School of Law, [email protected] Follow this and additional works at: https://www.repository.law.indiana.edu/facpub Part of the European Law Commons, and the Intellectual Property Law Commons Recommended Citation Leaffer, Marshall A., "Book Review. European Copyright Law: A Commentary." (2011). Articles by Maurer Faculty. 1305. https://www.repository.law.indiana.edu/facpub/1305 This Book Review is brought to you for free and open access by the Faculty Scholarship at Digital Repository @ Maurer Law. It has been accepted for inclusion in Articles by Maurer Faculty by an authorized administrator of Digital Repository @ Maurer Law. For more information, please contact [email protected]. Book Review 737 BOOK REVIEW EUROPEAN COPYRIGHT LAw: A COMMENTARY. Michel M. Walter, Silke von Lewinski eds. Oxford: Oxford University Press, 2010. $580.50. Reviewed by MARSHALL LEAFFER* Ever since the passage of the Berne Convention of 1886, harmoniza- tion of copyright law has been a European dream. Until recently, how- ever, copyright law had varied significantly, particularly between civil law "author's rights" countries and the common law "copyright" world. This variance changed rapidly and comprehensively during the last twenty years in which copyright law in Europe has undergone realization of pan- European harmonization. Although the dream of a universal European copyright has yet to become a reality, no aspect of copyright has been left untouched by European law. In one decade, 1991-2001, the countries of Europe saw the inclusion of seven major copyright directives, covering fundamental issues such as computer programs, rental rights, satellite and cable communications, the copyright term, database rights, resale rights, and digital copyright (Information Society Directive). -
Silis Georgs.Pdf (524.9Kb)
Illegal Latvia. Methods of intellectual property right enforcement in times of peer-to-peer file sharing. BACHELOR THESIS Author: Georgs Sīlis LL.B. 2017/2018 Year student Supervisor: Ēriks K. Selga LL.M. DECLARATION OF HONOR: I declare that this thesis is my own work, and that all references to, or quotations from, the work of others are fully and correctly cited. RIGA (2018) Abstract This paper is intended to provide an analytical understanding as to why Latvia is the top country in the world for the percentage of the internet population that are considered pirates, i.e., internet users who acquire copyright protected works (music, audiovisual, and software) from unlawful sources, such as peer-to-peer (P2P) networks (torrents), streaming and direct downloads, and what in turn can be done to combat this in lieu of Court of Justice of the European Union of June 2017 judgment in Stichting Brein v Ziggo BV and XS4All Internet BV, which finally gave a European-Union-wide (EU) ruling on whether torrent websites violate copyright law in the sense of “communication to the public” - an exclusive right of copyright holders as defined by the Information Society Directive of 2001. The court ruled that torrent websites do indeed violate copyright law and as such an injunction against internet service providers (ISPs) is proportionate to the goals of high copyright protection goals that the EU set in the InfoSoc Directive. The work is divided into four parts: (1) copyright in the digital age and how torrents infringe copyright; (2) relevant laws governing copyright in the digital sphere; (3) resulting case law and further legislative attempts to combat illegal file sharing; (4) future of torrenting in Latvia and ways of circumventing any efforts to stem the torrent popularity. -
The Impact of German Copyright Law on Copyright Law in the Nordic Countries Yesterday, Today and Tomorrow
The impact of German copyright law on copyright law in the Nordic countries yesterday, today and tomorrow DR. (LL.D.) JOHAN AXHAMN, SENIOR LECTURER The impact of German copyright law on copyright law in the Nordic countries – yesterday, today and tomorrow • Historical and international context • Establishment and early development of copyright law in the Nordic countries: 1880 – 1950 • Era of close Nordic cooperation: 1960 – 1990 • Era of EU harmonisation: 1990 – present • The future? Historical and international context • No explicit recognition of “copyright” in Roman Law • Royal privileges developed in the 16th and 17th centuries • 18th century: Introduction of copyright law in Great Britain (1710) and later in France (1791) • 1837: Introduction of copyright law in Prussia • Major copyright systems: continental (droit d'auteur), anglo saxon ”copyright” Main differences between continental and anglo saxon traditions of copyright • Justification of copyright protection and the notion of the work: - The work is an expression of the spirt of the author - The protection of the work represents a protection for the labor (investment) underlying the creation of the work • Initial author/rightholder • Contractual relationship between author and producer (exploiter) • Scope and possibility to waive moral rights • Protection of neighbouring/related rights International Copyright Treaties • Berne Convention for the Protection of Literary and Artistic Works (1886) • (Universal Copyright Convention) (1952)) • Rome Convention for the Protection of -
Search Engines and Databases in the Search for a Balance: the AG's
Search engines and databases in the search for a balance: the AG’s Opinion in the ‘CV- Online Latvia’ case Kluwer Copyright Blog February 22, 2021 Tatiana Synodinou (University of Cyprus) Please refer to this post as: Tatiana Synodinou, ‘Search engines and databases in the search for a balance: the AG’s Opinion in the ‘CV-Online Latvia’ case’, Kluwer Copyright Blog, February 22 2021, http://copyrightblog.kluweriplaw.com/2021/02/22/search-engines-and-databases-in-the-search-for-a-balance-t he-ags-opinion-in-the-cv-online-latvia-case/ On 14 January 2021, Advocate General (AG) Szpunar delivered his Opinion in Case C‑762/19, SIA ‘CV-Online Latvia’ v SIA ‘Melons’, a further case relating to the databasesui generis right. The application of the sui generis right to the activity of search engines was the main question raised in this case. Specifically, a specialist search engine for job advertisements operated by Melons (‘KurDarbs.lv’) referred users by means of hyperlinks to the websites on which the information sought was initially published, including CV-Online’s website. In this context, CV-Online brought proceedings against Melons for infringement of its sui generis right over its database. In an inspiring Opinion, the AG, having scrutinised the details of the functioning of Melons’ search engine, proposed a thoughtful recalibration of the conditions of application of the sui generis right on the grounds of its justification as a legal mechanism against the creation of parasitical competing products (par. 40 of the Opinion). CV-Online Latvia and Innoweb: different functionalities, different cases? The facts were a priori comparable to the facts of the CJEU’s ruling in the Innoweb caseC‑202/12 which concerned the breach of the databasesui generis right by a meta search engine that specialised in advertisements for used cars. -
Harvard Journal of Law & Technology Volume 34, Digest Spring 2021 I
Harvard Journal of Law & Technology Volume 34, Digest Spring 2021 THE RIGHT TO PROCESS DATA FOR MACHINE LEARNING PURPOSES IN THE EU Mauritz Kop* TABLE OF CONTENTS I. INTRODUCTION.............................................................................. 1 II. MACHINE LEARNING & THE EUROPEAN DATA GOVERNANCE ACT ................................................................... 3 III. LEGAL PROBLEMS REGARDING DATA ACCESS, SHARING AND RE-USE .............................................................................. 5 IV. LEGAL SOLUTIONS ..................................................................... 7 V. NORMATIVE JUSTIFICATIONS FOR OPEN INNOVATION ......... 9 VI. A RIGHT TO PROCESS DATA .................................................. 13 VII. ARGUMENTS IN FAVOR ......................................................... 17 VIII. ARGUMENTS AGAINST ......................................................... 18 IX. ALTERNATIVES ......................................................................... 20 X. CONCLUSION ............................................................................. 21 I. INTRODUCTION Data is a primary resource. It is a means of existence for AI and a necessity of life for humanity. In its data strategy, the European Union (EU) recognizes the crucial importance of data for machine learning purposes. Machine learning is an exigency for a vibrant artificial intelligence (AI) ecosystem. In AI, machine learning algorithms and data work together in unison. Data wants to be exchanged1, to be accessed, shared -
EU Administrative Governance
EU Administrative Governance Hofmann 00 prelims i 4/5/06 08:34:33 Hofmann 00 prelims ii 4/5/06 08:34:33 EU Administrative Governance Edited by Herwig C.H. Hofmann Université du Luxembourg and Alexander H. Türk School of Law, King’s College London, UK Edward Elgar Cheltenham, UK • Northampton, MA, USA Hofmann 00 prelims iii 4/5/06 08:34:33 © Herwig C.H. Hofmann and Alexander H. Türk 2006 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical or photocopying, recording, or otherwise without the prior permission of the publisher. Published by Edward Elgar Publishing Limited Glensanda House Montpellier Parade Cheltenham Glos GL50 1UA UK Edward Elgar Publishing, Inc. 136 West Street Suite 202 Northampton Massachusetts 01060 USA A catalogue record for this book is available from the British Library Library of Congress Cataloguing in Publication Data EU administrative governance / edited by Herwig C.H. Hofmann and Alexander H. Türk. p. cm. Includes bibliographical references. 1. European Union countries–Politics and government. 2. Administrative agencies–European Union countries. 3. Administrative law–European Union countries. I. Türk, Alexander. II. Hofmann, Herwig C.H. JN32.E78 2006 352.11'4–dc22 2005054479 ISBN-13: 978 1 84542 285 1 ISBN-10: 1 84542 285 6 Printed and bound in Great Britain by MPG Books Ltd, Bodmin, Cornwall Hofmann 00 prelims iv 4/5/06 08:34:33 Contents List of fi gures vii List of tables viii List of contributors ix Acknowledgements xii An introduction to EU administrative governance 1 Herwig C.H. -
EXPLORING EUROPEAN UNION COPYRIGHT POLICY THROUGH the LENS of the DATABASE DIRECTIVE by Miriam Bittont
EXPLORING EUROPEAN UNION COPYRIGHT POLICY THROUGH THE LENS OF THE DATABASE DIRECTIVE By Miriam Bittont TABLE OF CONTENTS I. IN T R O D U C T IO N .................................................................................. 1412 II. OVERVIEW OF EUROPEAN UNION COPYRIGHT POLICY ..... 1413 A. ANGLO-AMERICAN COPYRIGHT AND THE DEVELOPMENT OF AUTHOR'S RIGHTS INCONTINENTAL COPYRIGHT ........................... 1413 B. DEVELOPMENT OF THE INFORMATION SOCIETY ............................... 1415 III. THE FORMULATION OF THE DATABASE DIRECTIVE ............ 1419 A. THE STATE OF PROTECTION FOR COMPILATIONS PRIOR TO THE D ATABASE D IRECTIVE ...................................................................... 1420 B. THE EMERGENCE OF DATABASE PROTECTION AS A POLICY M A TTER ............................................................................................1422 C. THE FORMULATION PROCESS: FROM PROPOSAL TO DIRECTIVE ...... 1427 1. Settling on Sui Generis Protection............................................. 1427 2. Pre-ProposalD iscussions.......................................................... 1430 3. The Commission DatabaseProposal ......................................... 1432 4. The Proposaland Its Amended Text .......................................... 1436 5. The Council Common Position.................................................. 1439 6. The Adopted DatabaseDirective ............................................... 1443 D. TREATMENT OF DATABASES UNDER THE DATABASE D IRECTIV E ........................................................................................