31 research outputs found
Harmonized technical standards under EU copyright: The Public.Resource.Org judgment
No full textThe IPKat has received and is pleased to host the following guest contribution by Sunimal Mendis (Tilburg University) and Olia Kanevskaia (Utrecht University) on the judgment of the Court of Justice of the European Union (CJEU) in C-588/21 P Public.Resource.Org, concerning copyright protection of technical standards and access to public documents
Harmonized technical standards under EU copyright: The Public.Resource.Org judgment
No full textThe IPKat has received and is pleased to host the following guest contribution by Sunimal Mendis (Tilburg University) and Olia Kanevskaia (Utrecht University) on the judgment of the Court of Justice of the European Union (CJEU) in C-588/21 P Public.Resource.Org, concerning copyright protection of technical standards and access to public documents
Democratic discourse in the digital public sphere:Re-imagining copyright enforcement on online social media platforms
No full textWithin the current European Union (EU) online copyright enforcement regime — of which Article 17 of the Copyright in the Digital Single Market Directive [2019] constitutes the seminal legal provision— the role of online content-sharing service providers (OCSSPs) is limited to ensuring that copyright owners obtain fair-remuneration for content shared over their platforms (role of ‘content distributors’) and preventing unauthorized uses of copyright protected content (‘Internet police’). Neither role allows for a recognition of OCSSPs’ role as facilitators of democratic discourse and the duty incumbent on them to ensure that user freedoms to engage in democratic discourse are preserved. This essay proposes a re-imagining of the EU legal framework on online copyright enforcement — using the social planning theory of copyright law as a normative framework — to increase its fitness for preserving and promoting copyright law’s democracy enhancing function
Wiki (POCC) authorship: The case for an inclusive copyright
No full textPublic open collaborative creation (POCC) constitutes an innovative form of collaborative authorship that is emerging within the digital humanities. At present, the use of the POCC model (or Wiki authorship model) can be observed in many online creation projects the best known examples being Wikipedia and free-open source software (FOSS). This paper presents the POCC model as a new archetype of authorship that is founded on a creation ideology that is inclusive and as such, challenges the existing individualistic conception of authorship in exclusivity-based copyright law. Based on a comparative survey of the copyright law frameworks on collaborative authorship in France, the UK and the USA, the paper demonstrates the inability of the existing framework of exclusivity-based copyright law to give adequate legal expression to the relationships between co-authors engaged in collaborative creation within the POCC model. It proposes the introduction of an 'inclusive' copyright to the copyright law toolbox which would be more suited for giving legal expression to the qualities of inclusivity and dynamism that are inherent in these relationships
Copyright, the freedom of expression and the right to information - exploring a potential public interest exception to copyright in Europe
Full text linkWith the advent of a global community, which draws its sustenance from the unfettered communication of ideas and expression, it is worth reflecting on the role of copyright law and considering whether the existing legal frameworks of copyright in Europe have the capacity to meet the changing needs of a new generation who have given a whole new meaning to the term ""creativity"" and to that of ""original expression."" This book considers the prevailing tension between the competing values of copyright, the freedom of expression, and the right to information. It also looks at the possibility of introducing a public interest exception to the copyright framework of the European Union as a means of resolving the existing discord, along with a comparative survey of the developments presently taking place in the jurisdictions of France, Germany, and the UK
TILTing 2024 Special Issue
No full textThe 8th edition of the TILTing Perspectives Conference took place over three days in July 2024, with the theme “Looking back, moving forward: Re-assessing technology regulation in digitalized worlds”. The conference was organized by a team of academics (TILTies) at the Tilburg Institute for Law, Technology, and Society (TILT) comprising Sunimal Mendis as academic lead, Friso Bostoen as co-academic lead and six Track Leaders. Aviva de Groot led Track A (AI as a Knowledge-making Power in the Majority Worlds) and the Deep-Dive Panel on Teaching about AI and Society. Gijs van Maanen led Track B (Problematizing ‘Data Governance’) and Brenda Espinosa Apráez led Track C (Regulation and Innovation in Digital Markets). Track D (Regulating Sectors in Transition: Energy, Finance & Health) was led by Max Baumgart and Track E (AI and Data Protection) by Marco Bassini. Shweta Degalahal was the leader of Track F (The Evolving Cybersecurity Landscape and Regulatory Approaches in Cybersecurity).As the conference coincided with the 30th anniversary of TILT, we considered this a fitting moment to take stock of decades of technology regulation and how it impacts our lives and the digitalized worlds around us. We specifically aimed to explore the following questions as part of our mission to “look back, move forward”:What has been accomplished? By whom? And where? What is missing? Who is missing? What can we say about the relations between technology-focused regulation and other regulatory foci and modes of standard-setting
