Right to Copy v. Three-Step Test

2005 ◽  
Vol 6 (1) ◽  
Author(s):  
Christophe Geiger
Keyword(s):  
Information Society ◽  
Digital Age ◽  
Copyright Law ◽  
Step Test ◽  
Digital Environment ◽  
General Sense ◽  
Private Copying ◽  
Digital World ◽  
Right To Copy ◽  
Legal Grounds

AbstractThe emergence of the information society and the digital age have radically disturbed the balance contained in copyright law. Aware of the dangers for the exploitation of their rights created by new technical opportunities, right holders have constantly challenged the free zones within copyright. Especially the private copy exception seems to be particularlymenaced by the implementation of anti-copying measures (which are themselves protected by law) as well as by the three-step test, which seems to become a real judicial filter for the application of any exception in the digital environment. In reaction to this evolution, a real mobilization of the consumers wanting to enforce their “right of private copying” can be observed. This article analyzes whether there is such a right of the user and - if it is so - on which legal grounds. In a more general sense, it proposes a reflection on the future of the private copy exception in the digital world.

11. Copyright in the digital environment

2019 ◽  
pp. 274-304
Author(s):  
Andrew Murray
Keyword(s):  
Public Relations ◽  
Information Society ◽  
Copyright Law ◽  
The Internet ◽  
Communication To The Public ◽  
Digital Environment ◽  
Considerable Time ◽  
The Public ◽  
The Right ◽  
Public Right

This chapter examines copyright issues from copying and distributing information from the internet. It considers the discussion focuses on how the internet has challenged the application and development of copyright law, considering web-copyright concerns such as linking, caching, and aggregating, citing Google Inc. v Copiepresse SCRL. It spends considerable time discussing the operation of the temporary eproduction right though key cases Infopaq International, and Public Relations Consultants Association v Newspaper Licensing Agency. The analysis then moves on to examine the communication to the public right created by the Copyright and Related Rights in the Information Society Directive, examining the application of the right through key cases such as Nils Svensson v Retriever Sverige, GS Media v Sanoma Media, and Stichting Brein v Ziggo BV.

scholarly journals Os Métodos de Controle da Utilização da Obra Protegida por Direitos de Autor

2021 ◽  
Vol 22 (1) ◽  
pp. 19-26
Author(s):  
Iracema Fazio
Keyword(s):  
European Union ◽  
Copyright Law ◽  
Regulatory Framework ◽  
Digital Environment ◽  
The European Union ◽  
Legal Regime ◽  
Protection Measures ◽  
Private Copying

ResumoO objetivo do presente artigo é investigar os métodos de controle de utilização da obra, permitindo assim identificar os atos que restringem a utilização da obra e que são implementados pelas medidas tecnológicas de proteção. Deste modo, o estudo tem o propósito de compreender qual o regime jurídico das medidas tecnológicas de proteção implementado no Digital Millenium Copyright, como também no Marco Regulatório da União Europeia e da Legislação Autoral Brasileira. Assim, pretende-se analisar os impactos deste marco regulatório no regime de utilizações livres, especificamente no que tange ao instituto da cópia privada digital e dos atos de neutralização das medidas tecnológicas de proteção. Palavras-chave: Direito Autoral. Cópia Privada. Ambiente Digital. Medidas Tecnológicas de Proteção. AbstractThe purpose of this article is to investigate methods of controlling the use of the work, thus allowing to identify the acts that restrict the use of the work and that are implemented by technological protection measures. In this way, the study aims to understand the legal regime of technological protection measures implemented in the Digital Millennium Copyright, as well as in the Regulatory Framework of the European Union and the Brazilian Copyright Law. Thus, it is intended to analyze the impacts of this regulatory framework on the free use regime, specifically with regard to the institute of digital private copying and the acts of neutralization of technological protection measures. Keywords: Copyright. Private Copy. Digital Environment. Technological Protection Measures.

Archiving in the networked world: authenticity and integrity

2012 ◽  
Vol 30 (3) ◽  
pp. 545-552
Author(s):  
Michael Seadle
Keyword(s):  
Design Methodology ◽  
Economic Value ◽  
Digital Environment ◽  
Content Type ◽  
Digital World ◽  
Digital Work ◽  
Mathematical Algorithms ◽  
Key Issues ◽  
Technical Sense

PurposeThis article aims to discuss how concepts from the analog world apply to a purely digital environment, and look in particular at how authenticity needs to be viewed in the digital world in order to make some form of validation possible.Design/methodology/approachThe article describes authenticity and integrity in the analog world and looks at how to measure it in a digital environment.FindingsAuthenticity in the digital world generally means, in a purely technical sense, that a document's integrity has been checked using mathematical algorithms against other copies on independently managed servers, and that provenance records show that the document has a clearly established succession from a clearly defined original. Readers should recognize that this is different than how one defines authenticity and integrity in the analog world.Originality/valueMost of the key issues surrounding digital authenticity have not yet been tested, but they will be when the economic value of an authentic digital work reaches the courts.

scholarly journals Copyright and Artificial Creation: Does EU Copyright Law Protect AI-Assisted Output?

2021 ◽  
Author(s):  
P. Bernt Hugenholtz ◽  
João Pedro Quintais
Keyword(s):  
Original Work ◽  
Case Law ◽  
Copyright Law ◽  
Step Test ◽  
Eu Law ◽  
Legal Analysis ◽  
Court Of Justice ◽  
Eu Copyright Law ◽  
The Eu

AbstractThis article queries whether and to what extent works produced with the aid of AI systems – AI-assisted output – are protected under EU copyright standards. We carry out a doctrinal legal analysis to scrutinise the concepts of “work”, “originality” and “creative freedom”, as well as the notion of authorship, as set forth in the EU copyright acquis and developed in the case-law of the Court of Justice. On this basis, we develop a four-step test to assess whether AI-assisted output qualifies as an original work of authorship under EU law, and how the existing rules on authorship may apply. Our conclusion is that current EU copyright rules are generally suitable and sufficiently flexible to deal with the challenges posed by AI-assisted output.

High-fidelity consumption and the claustropolitan structure of feeling

2021 ◽  
pp. 147059312110626
Author(s):  
Quynh Hoang ◽  
James Cronin ◽  
Alex Skandalis
Keyword(s):  
Digital Age ◽  
High Fidelity ◽  
Digital World ◽  
Affective Consequences ◽  
Point Of Intersection ◽  
Critical Project

This paper invokes Redhead’s concept of claustropolitanism to critically explore the affective reality for consumers in today’s digital age. In the context of surveillance capitalism, we argue that consumer subjectivity revolves around the experience of fidelity rather than agency. Instead of experiencing genuine autonomy in their digital lives, consumers are confronted with a sense of confinement that reflects their tacit conformity to the behavioural predictions of surveillant market actors. By exploring how that confinement is lived and felt, we theorise the collective affects that constitute a claustropolitan structure of feeling: incompletion, saturation and alienation. These affective contours trace an oppressive atmosphere that infuses consumers’ lives as they attempt to seek fulfilment through digital market-located behaviours that are largely anticipated and coordinated by surveillant actors. Rather than motivate resistance, these affects ironically work to perpetuate consumers’ commitment to the digital world and their ongoing participation in the surveillant marketplace. Our theorisation continues the critical project of re-assessing the consumer subject by showing how subjectivity is produced at the point of intersection between ideological imperatives and affective consequences.

Open Content in Libraries

2013 ◽  
pp. 1010-1029
Author(s):  
Galateia Kapellakou ◽  
Marina Markellou ◽  
Evangelia Vagena
Keyword(s):  
Open Access ◽  
Copyright Law ◽  
Digital Environment ◽  
Collective Management ◽  
Basic Issue ◽  
Open Content ◽  
The Right ◽  
Management Functions ◽  
Technical Measures ◽  
The Way

The basic issue examined in this chapter is how can open access be achieved through the instrument of contracts. In the digital environment right holders have the power to restrict access to works by using restrictive contractual terms enforced by means of technical measures. As a counterbalance to the extended authority of the right holder, open access movements have appeared which express the users’ need to have open access to creative content. It is put forward that the terms used in contractual forms that have been standardized and express the ideology of open content are not always compatible with the existing copyright law contractual provisions and the way in which collective management functions.

The Digitization of Contents in Digital Libraries

2011 ◽  
pp. 180-197
Author(s):  
Anthoula Papadopoulou
Keyword(s):  
Human Rights ◽  
Digital Libraries ◽  
Information Society ◽  
Legal Framework ◽  
Moral Rights ◽  
Digital Environment ◽  
Cultural Economic ◽  
Modern Information ◽  
Balance Of Interest ◽  
Access To Knowledge

The present chapter deals with the challenges faced by moral rights in the digital environment, especially as they pertain to digital libraries. It starts with an introduction to issues concerning the legal framework of moral rights, clarifying their position internationally. Furthermore, specific issues regarding infringements of moral rights are addressed, namely: content digitization, practice of linking, alterations of the work during the digitization process etc. In short, the necessity of the digitization of the library’s content is elucidated and the societal demand of easy and cheap access to knowledge is presented. The author is of the opinion that moral rights, arising out of the conflict of economical interests, are easier to maintain their legal intensity. Furthermore, in the modern information society, moral rights are prone to an inter-disciplinary approach and thus, they gain intensity in the balance of interest between authors and users. More specifically, moral rights have an intricate interrelationship with social, cultural, economic and philosophical aspects as well as with Fundamental and Human Rights.

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