Keyword: EU

Belgian court asks CJEU whether seeding is communicating to the public external link

Bouchè, G.
Kluwer Copyright Blog, 2020

aansprakelijkheid, Belgium, Copyright, EU, frontpage, handhaving, right of communication to the public

Bibtex

Article{Bouchè2020b, title = {Belgian court asks CJEU whether seeding is communicating to the public}, author = {Bouchè, G.}, url = {http://copyrightblog.kluweriplaw.com/2020/03/30/belgian-court-asks-cjeu-whether-seeding-is-communicating-to-the-public/}, year = {0330}, date = {2020-03-30}, journal = {Kluwer Copyright Blog}, keywords = {aansprakelijkheid, Belgium, Copyright, EU, frontpage, handhaving, right of communication to the public}, }

Stichting Brein versus Safe Harbour: The Ongoing Battle Between Intermediaries and Right Holders external link

Stapel, S.
Kluwer Copyright Blog, 2020

aansprakelijkheid, Copyright, EU, frontpage, right of communication to the public

Bibtex

Article{Stapel2020b, title = {Stichting Brein versus Safe Harbour: The Ongoing Battle Between Intermediaries and Right Holders}, author = {Stapel, S.}, url = {http://copyrightblog.kluweriplaw.com/2020/03/27/stichting-brein-versus-safe-harbour-the-ongoing-battle-between-intermediaries-and-right-holders/}, year = {0327}, date = {2020-03-27}, journal = {Kluwer Copyright Blog}, keywords = {aansprakelijkheid, Copyright, EU, frontpage, right of communication to the public}, }

The Netherlands in ‘Automating Society – Taking Stock of Automated Decision-Making in the EU’ external link

Til, G. van
pp: 93-102, 2019

Abstract

Systems for automated decision-making or decision support (ADM) are on the rise in EU countries: Profiling job applicants based on their personal emails in Finland, allocating treatment for patients in the public health system in Italy, sorting the unemployed in Poland, automatically identifying children vulnerable to neglect in Denmark, detecting welfare fraud in the Netherlands, credit scoring systems in many EU countries – the range of applications has broadened to almost all aspects of daily life. This begs a lot of questions: Do we need new laws? Do we need new oversight institutions? Who do we fund to develop answers to the challenges ahead? Where should we invest? How do we enable citizens – patients, employees, consumers – to deal with this? For the report “Automating Society – Taking Stock of Automated Decision-Making in the EU”, our experts have looked at the situation at the EU level but also in 12 Member States: Belgium, Denmark, Finland, France, Germany, Italy, Netherlands Poland, Slovenia, Spain, Sweden and the UK. We assessed not only the political discussions and initiatives in these countries but also present a section “ADM in Action” for all states, listing examples of automated decision-making already in use. This is the first time a comprehensive study has been done on the state of automated decision-making in Europe.

algorithms, algoritmes, Artificial intelligence, EU, frontpage, kunstmatige intelligentie, NGO

Bibtex

Report{Til2019, title = {The Netherlands in ‘Automating Society – Taking Stock of Automated Decision-Making in the EU’}, author = {Til, G. van}, url = {https://www.ivir.nl/automating_society_report_2019/}, year = {0211}, date = {2019-02-11}, abstract = {Systems for automated decision-making or decision support (ADM) are on the rise in EU countries: Profiling job applicants based on their personal emails in Finland, allocating treatment for patients in the public health system in Italy, sorting the unemployed in Poland, automatically identifying children vulnerable to neglect in Denmark, detecting welfare fraud in the Netherlands, credit scoring systems in many EU countries – the range of applications has broadened to almost all aspects of daily life. This begs a lot of questions: Do we need new laws? Do we need new oversight institutions? Who do we fund to develop answers to the challenges ahead? Where should we invest? How do we enable citizens – patients, employees, consumers – to deal with this? For the report “Automating Society – Taking Stock of Automated Decision-Making in the EU”, our experts have looked at the situation at the EU level but also in 12 Member States: Belgium, Denmark, Finland, France, Germany, Italy, Netherlands Poland, Slovenia, Spain, Sweden and the UK. We assessed not only the political discussions and initiatives in these countries but also present a section “ADM in Action” for all states, listing examples of automated decision-making already in use. This is the first time a comprehensive study has been done on the state of automated decision-making in Europe.}, keywords = {algorithms, algoritmes, Artificial intelligence, EU, frontpage, kunstmatige intelligentie, NGO}, }

Rethinking Normal Exploitation: Enabling Online Limitations in EU Copyright Law external link

Quintais, J.
AMI, vol. 2017, num: 6, pp: 197-205, 2018

Abstract

The adoption of limitations to copyright is regulated at international and EU level by the three-step test. The major obstacle to new limitations for online use is a strict interpretation of the test, namely its second step, according to which a limitation shall not conflict with the normal exploitation of works. This article examines the test with a focus on the second step and its application to the digital and crossborder environment. It argues for a flexible and policy-oriented reading of the concept of normal exploitation. Following this approach could enable the introduction of new online limitations in EU law. In particular, within the context of current EU copyright reform, a flexible interpretation could support the introduction of a mandatory and unwaivable limitation for user-generated content.

Copyright, EU, exploitation, frontpage, limitations

Bibtex

Article{Quintais2018, title = {Rethinking Normal Exploitation: Enabling Online Limitations in EU Copyright Law}, author = {Quintais, J.}, url = {https://www.ivir.nl/publicaties/download/AMI_2017_6.pdf}, year = {2018}, date = {2018-01-11}, journal = {AMI}, volume = {2017}, number = {6}, pages = {197-205}, abstract = {The adoption of limitations to copyright is regulated at international and EU level by the three-step test. The major obstacle to new limitations for online use is a strict interpretation of the test, namely its second step, according to which a limitation shall not conflict with the normal exploitation of works. This article examines the test with a focus on the second step and its application to the digital and crossborder environment. It argues for a flexible and policy-oriented reading of the concept of normal exploitation. Following this approach could enable the introduction of new online limitations in EU law. In particular, within the context of current EU copyright reform, a flexible interpretation could support the introduction of a mandatory and unwaivable limitation for user-generated content.}, keywords = {Copyright, EU, exploitation, frontpage, limitations}, }

The perfect match? A closer look at the relationship between EU consumer law and data protection law external link

Helberger, N., Zuiderveen Borgesius, F. & Reyna, A.
Common Market Law Review, vol. 2017, num: 5, pp: 1427-1466, 2017

Abstract

In modern markets, many companies offer so-called “free” services and monetize consumer data they collect through those services. This paper argues that consumer law and data protection law can usefully complement each other. Data protection law can also inform the interpretation of consumer law. Using consumer rights, consumers should be able to challenge excessive collection of their personal data. Consumer organizations have used consumer law to tackle data protection infringements. The interplay of data protection law and consumer protection law provides exciting opportunities for a more integrated vision on “data consumer law”.

Consumentenrecht, Consumer law, Data protection law, EU, frontpage, gegevensbescherming, Privacy

Bibtex

Article{Helberger2017b, title = {The perfect match? A closer look at the relationship between EU consumer law and data protection law}, author = {Helberger, N. and Zuiderveen Borgesius, F. and Reyna, A.}, url = {https://www.ivir.nl/publicaties/download/CMLR_2017_5.pdf}, year = {1006}, date = {2017-10-06}, journal = {Common Market Law Review}, volume = {2017}, number = {5}, pages = {1427-1466}, abstract = {In modern markets, many companies offer so-called “free” services and monetize consumer data they collect through those services. This paper argues that consumer law and data protection law can usefully complement each other. Data protection law can also inform the interpretation of consumer law. Using consumer rights, consumers should be able to challenge excessive collection of their personal data. Consumer organizations have used consumer law to tackle data protection infringements. The interplay of data protection law and consumer protection law provides exciting opportunities for a more integrated vision on “data consumer law”.}, keywords = {Consumentenrecht, Consumer law, Data protection law, EU, frontpage, gegevensbescherming, Privacy}, }

Regulating for Creativity and Cultural Diversity: the Case of Collective Management Organisations and the Music Industry external link

Street, J., Laing, D. & Schroff, S.
International Journal of Cultural Policy, pp: 1-16, 2017

Abstract

This paper explores the role of intermediary institutions in promoting creativity and cultural diversity in the music industry, and the impact of cultural policy on the performance of those intermediaries. It reviews some of the existing literature on the relationship between economic conditions and innovation in music, and argues that too little attention has been paid to intermediaries. Focusing on collective management organisations (CMOs) as one example of overlooked intermediaries, we illustrate, by way of comparison, the different priorities and incentives that drive CMO practice. These variations, we suggest, are important to appreciating how CMOs operate as intermediaries in different territories. We then turn our attention to recent attempts by the EU to reform CMO practice as part of its Digital Single Market project. The fact that the CMO has been an object of reform is indicative of its importance. However, there is more at stake here: the reforms themselves, in seeking to change the role and behaviour of CMOs will, we suggest, have profound consequences for the market in music in Europe, and for creativity and cultural diversity within that market.

collective management organisations, Copyright, creativity, cultural diversity, Digital Single Market, EU, frontpage, music industry

Bibtex

Article{Street2016, title = {Regulating for Creativity and Cultural Diversity: the Case of Collective Management Organisations and the Music Industry}, author = {Street, J. and Laing, D. and Schroff, S.}, url = {http://www.tandfonline.com/doi/full/10.1080/10286632.2016.1178733}, doi = {https://doi.org/http://dx.doi.org/10.1080/10286632.2016.1178733}, year = {0117}, date = {2017-01-17}, journal = {International Journal of Cultural Policy}, abstract = {This paper explores the role of intermediary institutions in promoting creativity and cultural diversity in the music industry, and the impact of cultural policy on the performance of those intermediaries. It reviews some of the existing literature on the relationship between economic conditions and innovation in music, and argues that too little attention has been paid to intermediaries. Focusing on collective management organisations (CMOs) as one example of overlooked intermediaries, we illustrate, by way of comparison, the different priorities and incentives that drive CMO practice. These variations, we suggest, are important to appreciating how CMOs operate as intermediaries in different territories. We then turn our attention to recent attempts by the EU to reform CMO practice as part of its Digital Single Market project. The fact that the CMO has been an object of reform is indicative of its importance. However, there is more at stake here: the reforms themselves, in seeking to change the role and behaviour of CMOs will, we suggest, have profound consequences for the market in music in Europe, and for creativity and cultural diversity within that market.}, keywords = {collective management organisations, Copyright, creativity, cultural diversity, Digital Single Market, EU, frontpage, music industry}, }