Working Papers

The CIPPM / Jean Monnet Working Papers series is peer reviewed by an Editorial Board led by prof. Ruth Towse and prof. Roger Brownsword.

The European Commission’s support for the production of these publications does not constitute an endorsement of the contents, which reflect the views only of the authors, and the Commission cannot be held responsible for any use which may be made of the information contained therein.

2021

Marcella Favale “Robots as the New Judges: Copyright, Hate Speech, and Platforms” - Working Paper 04-2021 July 2021 On the 16th of October 2020, a middle-school teacher, Samuel Paty, was beheaded by a terrorist who would not know of his existence if not for a number of videos posted on social media.[1] Yet, a law against publishing heinous content on line was approved in France on the 13th... Read more »
Roger Brownsword “Law, Authority, and Respect in Our Information Societies: Three Waves of Technological Disruption” - Working Paper No. 03-2021 June 2021 In our information societies, we act, interact, and transact in environments that are located at various points on a spectrum running from offline (analogue) to online (digital). Typically, the more that we move away from offline environments, the more that technologies bear the regulatory load; and, concomitantly, the greater... Read more »
Ruth Towse “Covid-19 and Creative Industries in the UK – the Destruction of Creativity” - Working Paper No. 02-2021 May 2021 Covid-19 has wreaked destruction in many parts of the creative industries, especially in the performing arts. In the UK, the government has put in place various policy measures to protect artists and the arts and culture. This article charts the progress of the measures, using a basic classification to... Read more »
Maurizio Borghi “The universal nature of performers’ rights under EU law” - Working Paper No. 01-2021 February 2021 Copyright’s neighbouring rights have been the subject of several referrals to the Court of Justice of the European Union (CJEU). In its judgment of 8 September 2020 in Case C‑265/19 (Recorded Artists Actors Performers Ltd v Phonographic Performance (Ireland) Ltd),  the Court has defined for the first time the... Read more »

2020

Freyja van den Boom “Vehicle data controls: Balancing interests under the Trade Secrets Directive” - Working Paper No. 07-2020 November 2020 As vehicles are becoming more connected and increasingly autonomous, new opportunities emerge to use the data vehicles generate. Telematics is an example of how data generated through vehicle use, enables insurers to develop more accurate risk profiles and adequate premiums. Having access to vehicle data provides those who hold... Read more »
Maurizio Borghi “Exceptions as users’ rights in EU copyright law” - 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 »
Ruth Towse: “Figuring it out: applying economics to copyright royalty rates for streamed music” - 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 »
Melanie Brown: “Exploring Article 8 of the Copyright Directive: Hope for Cultural Heritage” - 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 »
Marcella Favale: “The role of the CJEU in the development of EU copyright law: an empirical experience” - 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 »
Maria Lillà Montagnani: “Virtues and Perils of Algorithmic Enforcement and Content Regulation in the EU – A Toolkit for a Balanced Algorithmic Copyright Enforcement” - 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 »
Ruth Towse: “Dealing with Digital: Economic Organisation of Streamed Music” - Working Paper No. 01-2020 January 2020 The intervention of digital service providers (DSPs) or platforms such as Spotify, AppleMusic and Tidal supplying music streamed music has fundamentally altered the way that song-writers and recording artists are paid and the operation of copyright management organisations (CMOs). Platform economics has emerged from the economic analysis of two-... Read more »

2019

Maurizio Borghi: “Reconstructing fairness – The problem with fair use exclusivity” - Working Paper No. 04-2019 October 2019 Exemptions from copyright infringement play a pivotal role in the new digital economy. Tech companies rely heavily on fair use, fair dealing and other statutory exceptions, as well as on safe-harbour limitations of liability. For many businesses, the availability of a copyright exemption represents an asset that is as... Read more »
Dinusha Mendis, “Fit for Purpose? 3D Printing and the Implications for Design Law: Opportunities and Challenges” - Working Paper No 03.2019 October 2019 Enforcement may become even more complex in the future with the emergence of 3D printing. This technology makes it easier to breach industrial designs and hence it is necessary to question exactly how rights will be enforced in the future … Enforcing infringement laws is likely to become a... Read more »
Maurizio Borghi “Data portability and regulation of digital markets” - Working Paper No. 02-2019 September 2019 The new General Data Protection Regulation introduced the “right to portability of personal data”. Conceived to give effectiveness to individual interests, the regulation is at the same time a pro-competitive tool with important regulatory effects on digital markets. As a result of the extensive interpretation of “personal data” that... Read more »
Roger Brownsword: “Informational Rights, Informational Wrongs, and Regulatory Responsibilities” - Working Paper No. 01-2019 January 2019 The basic idea of this positioning paper is to map the landscape of our informational interests and to evaluate a range of recognised and putative rights and wrongs associated with modern ‘information societies’. To a considerable extent, the rights and wrongs under consideration arise from the disruptive effects of... Read more »