Working papers

Maurizio Borghi “Exceptions as users’ rights in EU copyright law”

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Working Paper No. 06-2020 October 2020 The paper explores possible ways of construing copyright exceptions as users’ rights within the EU legal framework. It discusses some basic principles on the legal nature of exceptions, and then focuses more specifically on EU law and the jurisprudence of the Court of Justice of the European Union (CJEU)…. Read more » about Maurizio Borghi “Exceptions as users’ rights in EU copyright law”

Ruth Towse: “Figuring it out: applying economics to copyright royalty rates for streamed music”

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Working Paper No. 05-2020 July 2020 Music streaming burst into economists’ (and others’) consciousness with the Napster case. A few economists had written on copyright in the 1980s and a wider interest in the economics of digital production came from Shapiro and Varian’s book (albeit with little said on the role of copyright law). Still… Read more » about Ruth Towse: “Figuring it out: applying economics to copyright royalty rates for streamed music”

Melanie Brown: “Exploring Article 8 of the Copyright Directive: Hope for Cultural Heritage”

Posted . Filed under Mass Digitization, Publications, Working papers.

Working Paper No. 04-2020 June 2020 Article 8 of the EU Directive on Copyright in the Digital Single Market addresses an issue that the cultural heritage sector has been struggling with for a long time: the exploitation of out of commerce works. Article 8(1) enables CHIs to agree non-exclusive licenses for non-commercial purposes with collective… Read more » about Melanie Brown: “Exploring Article 8 of the Copyright Directive: Hope for Cultural Heritage”

Marcella Favale: “The role of the CJEU in the development of EU copyright law: an empirical experience”

Posted . Filed under EU IP Policy, Publications, Working papers.

Working Paper No. 03-2020 May 2020 The Court of Justice of the European Union has an undiscussed role in shaping EU Governance. Evidence-based policy has grown crucial to inform worldwide governance, and therefore demand for empirical studies is raising. However, empirical methods applied to legal reasoning are challenging, for the inherent nuanced nature of this… Read more » about Marcella Favale: “The role of the CJEU in the development of EU copyright law: an empirical experience”

Maria Lillà Montagnani: “Virtues and Perils of Algorithmic Enforcement and Content Regulation in the EU – A Toolkit for a Balanced Algorithmic Copyright Enforcement”

Posted . Filed under Digital Rights, EU IP Policy, Publications, Working papers.

Working Paper No. 02-2020 April 2020 Within the recent European policies and actions on illegal content, a trend towards algorithmic enforcement of content regulation has emerged. Regardless of the nature of the content, hard and soft law provisions more or less explicitly require online platforms to resort to technological systems to comply with the law…. Read more » about Maria Lillà Montagnani: “Virtues and Perils of Algorithmic Enforcement and Content Regulation in the EU – A Toolkit for a Balanced Algorithmic Copyright Enforcement”