Back on the Green Road: How Imperative are Imperative Rules?
Lucie Guibault Echos from the Dutch legal and scientific communities indicate that opinions widely diverge on the topic of the imperative character of proposed article 25 fa) of the Dutch Copyright Act...
View ArticleBlogpoll: towards a Text & Data Mining exception in EU copyright law?
Lucie GuibaultIn the September 3rd edition of Science∣Business, Julia Reda, German Pirate Party member of the European Parliament (MEP) sitting on the EP Justice Committee, was said to be confident...
View ArticleOur Blogpoll on a Text & Data Mining Exception: the results are in…
Lucie Guibault…and they show overwhelming support for the introduction of a mandatory copyright exception for text and data mining for both commercial and non-commercial purposes. Back in September, we...
View ArticleWhere to Look? Diligent search requirements too vague!
Lucie GuibaultInstitute for Information Law (IViR)Spare Rib magazine issue 110 A report published by the EnDOW project on the “Requirements for Diligent Search in the United Kingdom, the Netherlands,...
View ArticlePlaying Catch 22 with the Public Domain
Lucie GuibaultInstitute for Information Law (IViR)Playing Catch 22 with cultural heritage is quite simple: since cultural heritage institutions hardly ever are in a position to digitize their...
View ArticlePrivate copying levy: The aftershocks of Padawan
Lucie GuibaultInstitute for Information Law (IViR)“”The difficulty also lies in the fact that (to our knowledge) no levy system within the EU provided before Padawan for such a distinction and that the...
View ArticleFirst Blog Poll: Orphan works and cultural heritage institutions
Lucie GuibaultInstitute for Information Law (IViR)A relatively new feature on the different Kluwer Legal Blogs (e.g. the KluwerPatentBlog and the KluwerArbitrationBlog) is the so-called legal Blog...
View ArticlePoll Results on the Orphan Works Directive and Extended Collective Licensing
Lucie GuibaultInstitute for Information Law (IViR)“The results are just about as astonishing as the number of people who participated.” In our first Kluwer Blog Poll, we asked for your reaction to the...
View ArticleAlmost there! In Support of the Green Road to Dutch Science!
Lucie GuibaultInstitute for Information Law (IViR) The Netherlands Organisation for Scientific Research (NWO), the main public funding agency in the country, has been enforcing already for a few years...
View ArticleFlexibility. Is it all a matter of methodology and assumptions?
Lucie GuibaultInstitute for Information Law (IViR) Benjamin Gibert’s report for the Lisbon Council entitled ‘The 2015 Intellectual Property and Economic Growth Index: Measuring the Impact of Exceptions...
View ArticleIn Defence of a Fair Use Defence
Lucie GuibaultDiscussions around a fair use defence are not new in The Netherlands. Already in the years immediately following the adoption of the EU Copyright Directive, the idea of introducing a fair...
View ArticleAnd the private copy war continues: news from the Dutch front!
Lucie GuibaultOn April 11, 2011, the Dutch secretary of state, Fred Teeven, sent his long awaited ‘Priorities Letter Copyright 20@20 ” to the House of Representatives. Among the priorities mentioned,...
View ArticleDutch press exception revisited!
Lucie GuibaultThe summer is no longer quiet for the communications departments of most public sector organizations across the Netherlands! The age long practice of circulating hard copies of newspaper...
View ArticleWashington Declaration on Intellectual Property and the Public Interest
Lucie GuibaultThe global intellectual property landscape has witnessed important changes in recent years. Most notably, the public interest dimension of intellectual property has emerged as a paramount...
View ArticleThe hangover after Public Domain Day…
Lucie GuibaultThe New Year’s festivities are just behind us and with these the celebrations around Public Domain Day 2012 that took place in different cities in and outside Europe (Warsaw, Zurich,...
View ArticleCultural heritage institutions concerned over proposed European orphan works...
Lucie GuibaultThe Proposal for a Directive on certain permitted uses of orphan works, introduced in the European Parliament on 24 May 2011, has been following its merry way through the legislative...
View ArticleFrance solves its XXe century book problem!
Lucie Guibault Without much noise, France recently adopted Act Nr. 2012-287 of 1st March 2012 relating to the digital exploitation of unavailable books of the 20th century. Contrary to past initiatives...
View ArticleAre European orphans about to be freed?
Lucie GuibaultLast week, the European Parliament approved the draft Directive on certain permitted uses of orphan works. The approval of the Council of Ministers is expected to occur shortly. This is...
View ArticleTo register or not to register?
Lucie Guibault On 27 September, the Dutch government introduced what at first glance would seem an inconsequential proposal, e.g. to amend the Register Act of 1970 whereby the possibility for legal and...
View Article“Please Go”: terminating a publishing contract…
Lucie Guibault ‘Please go!’ said pop group Golden Earring to their music publisher Nanada when they put an end to their publishing contract! As it sometimes happens in long-standing relationships, the...
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