academic research

Improving Data Access for Researchers in the Digital Services Act external link

Dergacheva, D., Katzenbach, C., Schwemer, S. & Quintais, J.

2023

Abstract

Joint submission in response to the Call for Evidence on the Delegated Regulation on data access provided for in the Digital Services Act (DSA). Article 40 DSA is a crucial provision to operationalize the regulation’s risk mitigation provisions vis-a-vis very large online platforms (VLOPs) and very large search engines (VLOSEs). In essence, Article 40 DSA enables data access to Digital Services Coordinators (DSCs) or the Commission, “vetted researchers” and other researchers, provided certain conditions are met. Our submission is predominantly concerned with the data access for vetted researchers and researchers in relation to VLOPs.

Bibtex

Online publication{nokey,
	title = {Improving Data Access for Researchers in the Digital Services Act},
	author = {Dergacheva, D. and Katzenbach, C. and Schwemer, S. and Quintais, J.},
	url = {https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4465846},
	year = {2023},
	date = {2023-06-01},
	abstract = {Joint submission in response to the Call for Evidence on the Delegated Regulation on data access provided for in the Digital Services Act (DSA). Article 40 DSA is a crucial provision to operationalize the regulation’s risk mitigation provisions vis-a-vis very large online platforms (VLOPs) and very large search engines (VLOSEs). In essence, Article 40 DSA enables data access to Digital Services Coordinators (DSCs) or the Commission, “vetted researchers” and other researchers, provided certain conditions are met. Our submission is predominantly concerned with the data access for vetted researchers and researchers in relation to VLOPs.},
	keywords = {academic research, data access, Digital services act, Online platforms},
}

Copyright in the Age of Online Access: Alternative Compensation Systems in EU Law external link

Quintais, J.

Kluwer Law International, 2017, Series: Information Law Series, ISBN: 9789041186676

Abstract

This book examines pragmatic legal solutions that enable Internet users to access works in the digital environment by exploring the flexibilities in EU copyright law in search of a consistent regulation of non-commercial online use. In addition to proving virtually impossible, online enforcement of copyright may be undesirable because it risks encroaching upon fundamental rights and freedoms. However, the problem remains that creators are often not fairly remunerated for the online use of their works. This book addresses the need for legalisation schemes that favour remunerated access over exclusivity and enforcement for large-scale online use by individuals, while assuring remuneration to rights holders and promoting the development of the information society.

Links

https://lrus.wolterskluwer.com/store/products/copyright-age-online-access-alternative-compensation-systems-eu-law-prod-9041186670/hardcover-item-1-9041186670#details

academic research, Berne Convention, Charter of Fundamental Rights of the European Union, CJEU, collective rights management, communication to the public right, compensation systems, Copyright, Digital Single Market, EU copyright law, exceptions and limitations, fair balance, fair compensation, frontpage, Internet, Kluwer Information Law Series, online intermediaries

Bibtex

Book{Quintais2017,
	title = {Copyright in the Age of Online Access: Alternative Compensation Systems in EU Law},
	author = {Quintais, J.},
	url = {https://lrus.wolterskluwer.com/store/products/copyright-age-online-access-alternative-compensation-systems-eu-law-prod-9041186670/hardcover-item-1-9041186670#details},
	year = {2017},
	date = {2017-05-29},
	volume = {40},
	pages = {},
	abstract = {This book examines pragmatic legal solutions that enable Internet users to access works in the digital environment by exploring the flexibilities in EU copyright law in search of a consistent regulation of non-commercial online use. In addition to proving virtually impossible, online enforcement of copyright may be undesirable because it risks encroaching upon fundamental rights and freedoms. However, the problem remains that creators are often not fairly remunerated for the online use of their works. This book addresses the need for legalisation schemes that favour remunerated access over exclusivity and enforcement for large-scale online use by individuals, while assuring remuneration to rights holders and promoting the development of the information society.},
	keywords = {academic research, Berne Convention, Charter of Fundamental Rights of the European Union, CJEU, collective rights management, communication to the public right, compensation systems, Copyright, Digital Single Market, EU copyright law, exceptions and limitations, fair balance, fair compensation, frontpage, Internet, Kluwer Information Law Series, online intermediaries},
}

Is Europe Falling Behind in Data Mining? Copyright’s Impact on Data Mining in Academic Research external link

Guibault, L., Handke, C.W. & Vallbé, J.

2015

Abstract

This empirical paper discusses how copyright affects data mining (DM) by academic researchers. Based on bibliometric data, we show that where DM for academic research requires the express consent of rights holders: (1) DM makes up a significantly lower share of total research output; and (2) stronger rule-of-law is associated with less DM research. To our knowledge, this is the first time that an empirical study bears out a significant negative association between copyright protection and innovation.

Bibtex

Article{nokey,
	title = {Is Europe Falling Behind in Data Mining? Copyright’s Impact on Data Mining in Academic Research},
	author = {Guibault, L. and Handke, C.W. and Vallbé, J.},
	url = {http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2608513},
	year = {0702},
	date = {2015-07-02},
	abstract = {This empirical paper discusses how copyright affects data mining (DM) by academic researchers. Based on bibliometric data, we show that where DM for academic research requires the express consent of rights holders: (1) DM makes up a significantly lower share of total research output; and (2) stronger rule-of-law is associated with less DM research. To our knowledge, this is the first time that an empirical study bears out a significant negative association between copyright protection and innovation.},
	keywords = {academic research, Auteursrecht, Copyright, data mining, innovation, Intellectuele eigendom},
}