JIPITEC – Journal of Intellectual Property, Information Technology and E-Commerce Law
- Publisher:
- DIPP. Digital Peer Publishing
- Publication date:
- 2011-07-20
- ISBN:
- 2190-3387
Description:
Issue Number
- No. 11-2, October 2020
- No. 11-1, May 2020
- No. 10-3, December 2019
- No. 10-2, October 2019
- No. 10-1, May 2019
- No. 9-3, December 2018
- No. 9-2, October 2018
- No. 9-1, May 2018
- No. 8-4, December 2017
- No. 8-3, November 2017
- No. 8-2, September 2017
- No. 8-1, April 2017
- No. 7-3, December 2016
- No. 7-2, September 2016
- No. 7-1, May 2016
- No. 6-3, December 2015
- No. 6-2, September 2015
- No. 6-1, May 2015
- No. 5-3, December 2014
- No. 5-2, July 2014
Latest documents
- Comment of the European Copyright Society Addressing Selected Aspects of the Implementation of Articles 18 to 22 of the Directive (EU) 2019/790 on Copyright in the Digital Single Market
- 3D Digitisation of Cultural Heritage Copyright Implications of the Methods, Purposes and Collaboration
3D technology is increasingly used in the digitisation of cultural heritage and while parties engaging in such projects need copyright as an incentive, the copyright status of such 3D models are unclear. It is usually assumed they would not be protected, as the scans of existing objects are less likely to be original compared to the 3D models created from scratch. However, it is often overlooked that these projects vary greatly in terms of the chosen method (whether it is laser scanning or photogrammetry), the project’s purpose (if it is for identical copying or if there is any restoration or creative contribution involved) and the collaboration of different people (ranging from employees to volunteers). This article will discuss the copyright implications of the chosen method, purposes and the level of collaboration, in order to show that each of these factors impact the category, originality and the authorship of the resulting work. It will be argued that it is possible, and in some instances very likely, for 3D projects to lead to protectable outcomes under the EU copyright law.
- The Quality of Law: How the European Court of Human Rights gradually became a European Constitutional Court for privacy casest
Until very recently, the European Court of Human Rights was willing to assess whether Member States’ executive branch had operated on a legal basis, whether national courts had struck a fair balance when adjudicating cases, and whether Member States had a positive obligation to ensure adequate protection of citizens’ human rights. One thing it did not assess however, was whether Member States’ legislative branch had respected the principles of the rule of law and the minimum requirements of good law-making. That is, until recently. Propelled by cases revolving around mass surveillance activities, in just a small number of years, the Court has undergone a revolutionary transformation and now formally assesses the quality of Member States’ laws and even advises Member States’ legislative branch on how to amend its legal system in order to be Convention- compliant. Doing so, it has gradually turned into a European Constitutional Court, in particular for privacy cases.
- Debts, Money, Intellectual Property, Data and the Concept of Dematerialised Property
Debts, (electronic) money, intellectual property, and, in principle, data and digitised objects (if ownership rights are to be recognised for these), can be conceptualised as versions of the general principle of dematerialised property. This article discusses first the concept of dematerialised property and its application to debts, money and intellectual property. Then it deals with the idea of ownership of data within traditional property concepts. While data ownership can theoretically be accommodated fairly easily within the framework of dematerialised property, there are several reasons, both theoretical and from a legal policy perspective, which make the introduction of data ownership modelled upon conventional (intellectual) property rights problematic.
- Secondary communication under the EU copyright acquis after Tom Kabinet: Between exhaustion and securing work's exploitation
Since the adoption of the InfoSoc Directive, the CJEU has been dealing with a variety of questions on the interpretation of the broad right of communication to the public. A substantial share of the references for a preliminary ruling concerns secondary communication, which relies on communication initially authorised by the right holder. Despite the seemingly clear language of Article 3(3) of the InfoSoc Directive denying the exhaustion of communication right, the Court has occasionally exempted secondary acts from the authorisation of the right holder, relying on the arguments resembling the exhaustion principle of the right of distribution in respect of the tangible copies of a work. In the recent Tom Kabinet judgment, the CJEU denied the direct application of the principle in the case of the resale of e-books facilitated by the Tom Kabinet platform. Whereas the judgment is of significance to the future of the exhaustion principle under the acquis, this article focuses on its broader implications on secondary communication. The article argues that the decision is in line with the developments under the jurisprudence but is by no means a final say on the extent of exclusive control over secondary communication in the digital environment. Besides raising the question of appropriate boundaries of the exclusive rights and their role in the digital markets, the judgment invites the legislator to revise the framework and restore the legal certainty in respect of the scope of exclusive control over the work’s communication to the public.
- Conceptualizations of the controller in permissionless blockchains
The relationship between blockchain and the General Data Protection Regulation (hereinafter GDPR) is often described as problematic. This article addresses one of the problems blockchain faces: who is/are the controller(s) in a blockchain context? This article demonstrates that it is particularly difficult to identify the controller in blockchain applications that are integrated in the core code of a permissionless blockchain. The P2P character of blockchains, with its broad distribution of responsibilities, makes it difficult to ascertain who is able to determine purposes and means of the processing of data. In order to structure the discussion, this article develops three conceptualizations of cooperation within a blockchain. These conceptualizations give different perspectives on the relations between the actors in a blockchain that are potential controllers. The article identifies who is most likely to be the controller in the different conceptualizations and gives indications about the extent to which the controllers are able to exercise their responsibilities. A problem is that an adequate exercise of responsibility requires coordination within the blockchain. However, the system that normally takes care of coordination in a permissionless blockchain - the crypto-economic incentive system - is at present not able to provide adequate data protection.
- Datenzugang, Verbraucherinteressen und Gemeinwohl, Bericht über die Verbraucherrechtstage 2019 des Bundesministeriums der Justiz und für Verbraucherschutz in Berlin, 12. und 13. Dezember 2019
This report summarizes the conference "Verbraucherrechtstage 2019" ("Consumer Law Days 2019"), organised by the German Federal Ministry of Justice and Consumer Protection on 12 and 13 December 2019 in Berlin. This year’s topic was data access with a special emphasis on consumer interests and public welfare. Leading legal and economic scholars as well as public servants and politicians came together to engage in fruitful discussions on designing the regulatory framework for data access in the digital economy. The conference was divided into four academic panels covering the wider economic and legal framework for data access, existing data access regimes and potential need for amendments. It additionally featured keynote speeches on current political developments and a concluding, policy- oriented panel discussion. An English language conference volume is expected to be published in the course of 2020.
- Editorial
- Comment of the European Copyright Society on the Implementation of the Extended Collective Licensing Rules (Arts. 8 and 12) of the Directive (EU) 2019/790 on Copyright in the Digital Single Market
- Comment of the European Copyright Society on the Implementation of Art. 14 of the DSM-Directive 2019/790
Featured documents
- Against the Dehumanisation of Decision-Making - Algorithmic Decisions at the Crossroads of Intellectual Property, Data Protection, and Freedom of Information
This work presents ten arguments against algorithmic decision-making. These revolve around the concepts of ubiquitous discretionary interpretation, holistic intuition, algorithmic bias, the three black boxes, psychology of conformity, power of sanctions, civilising force of hypocrisy, pluralism,...
- Digital First Sale Doctrine Ante Portas - Exhaustion in the Online Environment
The purpose of the article is to provide first a doctrinal summary of the concept, rules and policy of exhaustion, first, on the international and EU level, and, later, under the law of the United States. Based upon this introduction, the paper turns to the analysis of the doctrine by the pioneer...
- Big Data in the Insurance Industry: Leeway and Limits for Individualising Insurance Contracts
- Designing Competitive Markets for Industrial Data - Between Propertisation and Access
As part of the project to establish a Digital Single Market, the European Commission has launched a ‘Free Flow of Data’ initiative. This initiative is meant to enhance the growth potential of the emerging data economy, which is characterised by the digitisation of production (smart factories) and...
- What Does It Matter Who is Browsing? ISP Liability and the Right to Anonymity
Disputes concatenating privacy, speech and security through the right to anonymity are particularly hard cases to adjudicate. The traditional paradigm, according to which anonymity plays a double role - protecting fundamental rights, as well as potentially threatening them - continues to drive...
- Getting Data Subject Rights Right A submission to the European Data Protection Board from international data rights academics, to inform regulatory guidance
We are a group of academics active in research and practice around data rights. We believe that the European Data Protection Board (EDPB) guidance on data rights currently under development is an important point to resolve a variety of tensions and grey areas which, if left unaddressed, may...
- The Quality of Law: How the European Court of Human Rights gradually became a European Constitutional Court for privacy casest
Until very recently, the European Court of Human Rights was willing to assess whether Member States’ executive branch had operated on a legal basis, whether national courts had struck a fair balance when adjudicating cases, and whether Member States had a positive obligation to ensure adequate...
- Oblivion, Erasure and Forgetting in the Digital Age
In light of the recent European Court of Justice ruling (ECJ C-131/12, Google Spain v. Spanish Data Protection Agency), the “right to be forgotten” has once again gained worldwide media attention. Already in 2012, when the European Commission proposed a right to be forgotten, this proposal received ...
- Where is the Harm in a Privacy Violation? Calculating the Damages Afforded in Privacy Cases by the European Court of Human Rights
It has always been difficult to pinpoint what harm follows a privacy violation. What harm is done by someone entering your home without permission, or by the state eavesdropping on a telephone conversation when no property is stolen or information disclosed to third parties? The question is...
- Cultural Heritage Online? Settle It in the Country of Origin of the Work
This article examines the conditions under which a system of extended collective licensing (ECL) for the use of works contained in the collections of cultural heritage institutions (CHIs) participating in Europeana could function within a cross-border basis. ECL is understood as a form of...