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Opinion of the European Copyright Society on CG and YN v Pelham GmbH and Others, Case C-590/23 (Pelham II)
Full text linkIn its questions for preliminary ruling, the German Federal Court of Justice asked for clarification as regards the definition of pastiche under EU copyright law; and, in essence, whether and how this concept applies to musical sampling. In the present Opinion, the European Copyright Society takes the view that pastiche is an autonomous concept of EU law. Article 5(3)(k) InfoSoc Directive (ISD) should be read as an overarching provision including three forms of permitted use that share their underlying nature but shall be judged differently. The meaning of pastiche cannot be understood as a mere imitation of an artistic style and it need not entail an explicit interaction with the original work. The presence of humour or mockery is not a necessary requirement for the application of the pastiche exception. Also, the expression resulting from the exercise of the pastiche exception need not itself be an original work. Finally, the intention of the user to create pastiche plays no role in the review of the legality of any given use. At the same time, legitimate forms of pastiche need to have their own features that are distinguishable from the copyrighted expression in pre-existing works used as source materials. Overall the use of the pastiche exception for purposes of musical sampling, as in the underlying Metall auf Metall case, complies with all the three steps of Article 5(5) ISD
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
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Author Remuneration in the Streaming Age – Exploitation Rights and Fair Remuneration Rules in the EU
No full textThe transition from linear to on-demand consumption of music, films and other copyrighted content on platforms like Spotify, Netflix and YouTube has given rise to the question whether authors and performers receive a fair share of streaming revenues. While these revenues are substantial and right holders may have the opportunity to control access to copyright-protected content on the basis of copyright protection, it is often not the creators themselves who benefit from growing streaming revenue and reinforced access controls. The issue has a global dimension. The Group of Latin American and Caribbean Countries (GRULAC) proposed that the World Intellectual Property Organization (WIPO) undertake an analysis of creators’ position – and chances to receive fair remuneration – with regard to digital content earnings. In the EU, the issue of author remuneration featured prominently in the debate on the 2019 Directive on Copyright in the Digital Single Market. It culminated in the harmonization of several aspects of copyright contract law, including the right to fair remuneration, across EU Member States. In February 2024, South Africa passed a Copyright Amendment Bill addressing this issue as well. These initiatives at the international, regional and national level confirm the importance of the remuneration issue in current copyright debates and, more specifically, in streaming contexts.
This analysis sheds light on the European example. As indicated, the EU has introduced several legal mechanisms designed to ensure appropriate and proportionate remuneration of authors and performers in the online environment. Those include, first, rules governing licensing agreements between individual artists and the creative industry, such as ex post contract adjustments, provisions favouring royalties over lumpsum payments, and norms regulating the choice of jurisdiction, among others. Second, a specific liability regime for user-generated content (UGC) on platforms like YouTube seeks to encourage rights clearance initiatives. Additionally, Europe utilizes mandatory collective licensing and remunerated copyright exceptions as legal tools to generate revenue streams for authors and performers. To lay groundwork for the discussion of these legal instruments, Section 1 provides an overview of the exclusive rights that apply to the realm of streaming and provide a basis for remuneration claims. Section 2 then introduces the issue of rights clearance and describes the different legal mechanisms used in Europe to ensure fair remuneration for authors and performers: individual licensing agreements; mandatory collective licensing; and remunerated copyright exceptions. Section 3, in addition, examines the situation of European producers who may also find themselves in a weak position in negotiations with large streaming platforms – and at the same time unable to rely on the legal solutions developed for authors and performers. Section 4 summarizes the results of the analysis
Author Remuneration in the Streaming Age – Exploitation Rights and Fair Remuneration Rules in the EU
No full textThe transition from linear to on-demand consumption of music, films and other copyrighted content on platforms like Spotify, Netflix and YouTube has given rise to the question whether authors and performers receive a fair share of streaming revenues. While these revenues are substantial and right holders may have the opportunity to control access to copyright-protected content on the basis of copyright protection, it is often not the creators themselves who benefit from growing streaming revenue and reinforced access controls. The issue has a global dimension. The Group of Latin American and Caribbean Countries (GRULAC) proposed that the World Intellectual Property Organization (WIPO) undertake an analysis of creators’ position – and chances to receive fair remuneration – with regard to digital content earnings. In the EU, the issue of author remuneration featured prominently in the debate on the 2019 Directive on Copyright in the Digital Single Market. It culminated in the harmonization of several aspects of copyright contract law, including the right to fair remuneration, across EU Member States. In February 2024, South Africa passed a Copyright Amendment Bill addressing this issue as well. These initiatives at the international, regional and national level confirm the importance of the remuneration issue in current copyright debates and, more specifically, in streaming contexts.
This analysis sheds light on the European example. As indicated, the EU has introduced several legal mechanisms designed to ensure appropriate and proportionate remuneration of authors and performers in the online environment. Those include, first, rules governing licensing agreements between individual artists and the creative industry, such as ex post contract adjustments, provisions favouring royalties over lumpsum payments, and norms regulating the choice of jurisdiction, among others. Second, a specific liability regime for user-generated content (UGC) on platforms like YouTube seeks to encourage rights clearance initiatives. Additionally, Europe utilizes mandatory collective licensing and remunerated copyright exceptions as legal tools to generate revenue streams for authors and performers. To lay groundwork for the discussion of these legal instruments, Section 1 provides an overview of the exclusive rights that apply to the realm of streaming and provide a basis for remuneration claims. Section 2 then introduces the issue of rights clearance and describes the different legal mechanisms used in Europe to ensure fair remuneration for authors and performers: individual licensing agreements; mandatory collective licensing; and remunerated copyright exceptions. Section 3, in addition, examines the situation of European producers who may also find themselves in a weak position in negotiations with large streaming platforms – and at the same time unable to rely on the legal solutions developed for authors and performers. Section 4 summarizes the results of the analysis
Author Remuneration in the Streaming Age – Exploitation Rights and Fair Remuneration Rules in the EU
Full text linkThe transition from linear to on-demand consumption of music, films and other copyrighted content on platforms like Spotify, Netflix and YouTube has given rise to the question whether authors and performers receive a fair share of streaming revenues. While these revenues are substantial and right holders may have the opportunity to control access to copyright-protected content on the basis of copyright protection, it is often not the creators themselves who benefit from growing streaming revenue and reinforced access controls. The issue has a global dimension. The Group of Latin American and Caribbean Countries (GRULAC) proposed that the World Intellectual Property Organization (WIPO) undertake an analysis of creators’ position – and chances to receive fair remuneration – with regard to digital content earnings. In the EU, the issue of author remuneration featured prominently in the debate on the 2019 Directive on Copyright in the Digital Single Market. It culminated in the harmonization of several aspects of copyright contract law, including the right to fair remuneration, across EU Member States. In February 2024, South Africa passed a Copyright Amendment Bill addressing this issue as well. These initiatives at the international, regional and national level confirm the importance of the remuneration issue in current copyright debates and, more specifically, in streaming contexts.
This analysis sheds light on the European example. As indicated, the EU has introduced several legal mechanisms designed to ensure appropriate and proportionate remuneration of authors and performers in the online environment. Those include, first, rules governing licensing agreements between individual artists and the creative industry, such as ex post contract adjustments, provisions favouring royalties over lumpsum payments, and norms regulating the choice of jurisdiction, among others. Second, a specific liability regime for user-generated content (UGC) on platforms like YouTube seeks to encourage rights clearance initiatives. Additionally, Europe utilizes mandatory collective licensing and remunerated copyright exceptions as legal tools to generate revenue streams for authors and performers. To lay groundwork for the discussion of these legal instruments, Section 1 provides an overview of the exclusive rights that apply to the realm of streaming and provide a basis for remuneration claims. Section 2 then introduces the issue of rights clearance and describes the different legal mechanisms used in Europe to ensure fair remuneration for authors and performers: individual licensing agreements; mandatory collective licensing; and remunerated copyright exceptions. Section 3, in addition, examines the situation of European producers who may also find themselves in a weak position in negotiations with large streaming platforms – and at the same time unable to rely on the legal solutions developed for authors and performers. Section 4 summarizes the results of the analysis
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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