1,720,977 research outputs found
The new Italian press publishers' right: creative, fairness-oriented... and invalid?
Full text linkArticle 15 CDSMD introduces a new related right in favour of press publishers, covering the online reproduction and making available of press publications by information society service providers.
The final wording of the provision pervasively harmonizes some aspects of the new right, but leaves sensitive matters in the discretion of national legislatures, such as the notion of short extracts, the devise of specific licensing and/or distributing schemes and the related possibility to interfere with parties’ freedom to contract.
Halfway down the road of the transposition process, divergences on key points are already emerging: some Member States have adopted solutions that present controversial features, which characterize them as cases in point of the side effects that an act of imperfect harmonization such as Article 15 CDSMD may engender.
As a paradigmatic example of this trend, this article focuses on the Italian transposition of the press publisher’s right, offering a critical assessment of its most salient features and testing its validity under EU law on the basis of the indications provided so far by the European Commission and the CJEU. The result of this exercise will also be useful to draw the margin of discretion left to other Member States in the implementation of Article 15 CDSMD
When harmonisation leads to fragmentation (and potential invalidity claims): snapshots from the implementation of the new press publishers' right
Full text linkHalfway down the road of its transpositions, criticisms
related to the structure and scope of the new press
publishers’ right are now coupled with challenges
triggered by the fragmentation of Member States’
solutions. This article offers a critical assessment of the
national implementations of art.15 CDSM, raising doubts
on the effectiveness of the provision in achieving the
Directive’s goals. Then, it uses the Italian solution to
demonstrate the negative effects of the imperfect
harmonisation art.15 CDSM operated, and tests its
validity under EU law to draw the boundaries of Member
States’ discretion in shaping the new entitlement
Geographical Indications Between the Old World and the New World, and the Impact of Migration
Full text linkThe article focuses on the use of European geographical names in certain countries of the so-called ‘New World’ (i.e. nations reached in the past by waves of European migration) and the impact of such migration on the debate around the protection of geographical indications (GIs). Specifically, the article analyses four GIs case studies – ‘Prosecco’, ‘Budweiser’, ‘Rioja’ and 'Parmesan' – which highlight the role of migration in this context and how countries of the New World (e.g. US, Canada, Australia, etc.) emphasise this role to argue that several European geographical names of food and wine products are just the generic terms for the products themselves. The ‘migration’ factor however is downplayed by the EU (i.e. the Old World), which stresses that European GIs still have a distinctive function linked to the geographical origin of the underlying product and should be protected in Europe and beyond
Neglected players (studio producers, sound engineers, dubbing directors): which role for copyright and related rights?
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Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Discussion of best practices with stakeholders (consumers associations, associations representing vulnerable users) (MS14)
No full textTask 2.6 of reCreating Europe's work aimed at drafting a set of policy recommendations on the future of copyright flexibilities and a code of best practices. These are presented in D2.9 Policy Recommendations and code of best practices (https://zenodo.org/record/7148721#.ZCaJJ3ZBy3B)
These best practices were tested and discussed at an expert and stakeholders workshop, held at the Institute of Information Law (IViR), University of Amsterdam on 21 September 2022, and entitled “Copyright Flexibilities: mapping, explaining, empowering”.
This Report discusses the methodology and findings of this Worksho
Variations on the Author
Full text link“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Full text linkWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
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