European Cyberlaw
Intellectual property on-line (media)
Learning aim & Takeaway
After this lesson you should be able to answer (inter alia) these questions:
- What are the general rights granted to rightholders under the general EU copyright legislation?
- What are the exceptions and limitations thereof?
- How does the three-step test function?
- How are hyperlinks treated in the EU legislation? Are they communication to the public?
- What are the so called Creative Commons licences, how do they function?
Reading
Mandatory - please do read this paper:
RENDAS, T. Copyright Technology and the CJEU: An Empirical Study. IIC - International Review of Intellectual Property and Competition Law [online]. 2018, vol. 49, no. 2, p. 153–184. doi:10.1007/s40319-017-0664-0 (available via e-zdroje - https://ezdroje.muni.cz/index.php?lang=en).
Also please familiarize yourself with the workings of the CC licences:
Also please read the summary of the InfoSoc directive.
There are further (recommended) resources to read that cover the discussed issues:
QUINTAIS, J.P. Private Copying and Downloading from Unlawful Sources. IIC - International Review of Intellectual Property and Competition Law [online]. 2015, vol. 46, no. 1, p. 66–92. doi:10.1007/s40319-014-0295-7
ROSATI, E. GS Media and Its Implications for the Construction of
the Right of Communication to the Public within EU Copyright
Architecture (March 29, 2017). (2017) 54(4) Common Market Law Review
1221-1242, Available at SSRN: https://ssrn.com/abstract=2943040
LEEUW, E. The Creative Commons License: Is Validity Enough? A
Review of Liability and Enforceability in Creative Commons Licensing
(December 5, 2012). Available at SSRN: https://ssrn.com/abstract=2328989 or http://dx.doi.org/10.2139/ssrn.2328989
Case Law
You shall generally know what the cases mentioned in the presentation are about, especially focus on these ones (all of them were discussed during the class - some of them are mentioned in more detail in the paper by Rendas mentioned above):
Supplementary presentation (general introduction to EU IP Law)
These slides will not be used in presentation, however could be used to give a general over and introduction about the IP law in EU.
Please focus especially on the parts related to Copyright, Software, Free/Open Licenses
Supplementary reading
This is a very informative paper discussing the impact of technology on IP:
LEMLEY, M.A. IP in a World without Scarcity. New York University Law Review [online]. 2015, vol. 90, no. 2, p. 460–515. Available via MUNI VPN: http://heinonline.org/HOL/Page?handle=hein.journals/nylr90&div=14&collection=journals&set_as_cursor=0&men_tab=srchresults
Article focusing on the issues of AI-generated Art: Epstein, Z. et al. Who Gets Credit for AI-Generated Art? iScience. 2020, vol. 9, s. 101515. https://www.sciencedirect.com/science/article/pii/S2589004220307070