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Bernd Justin Jütte, The EU’s Trouble with Mashups: From Disabling to Enabling a Digital Art Form, 5 (2014) JIPITEC 172 para 1.

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%0 Journal Article
%T The EU’s Trouble with Mashups: From Disabling to Enabling a Digital Art Form
%A Jütte, Bernd  Justin
%J JIPITEC
%D 2014
%V 5
%N 3
%@ 2190-3387
%F jütte2014
%X New tools for editing of digital images, music and films have opened up new possibilities to enable wider circles of society to engage in ’artistic’ activities of different qualities. User-generated content has produced a plethora of new forms of artistic expression. One type of user-generated content is the mashup. Mashups are compositions that combine existing works (often) protected by copyright and transform them into new original creations. The European legislative framework has not yet reacted to the copyright problems provoked by mashups. Neither under the US fair use doctrine, nor under the strict corset of limitations and exceptions in Art 5 (2)-(3) of the Copyright Directive (2001/29/EC) have mashups found room to develop in a safe legal environment. The contribution analyzes the current European legal framework and identifies its insufficiencies with regard to enabling a legal mashup culture. By comparison with the US fair use approach, in particular the parody defense, a recent CJEU judgment serves as a comparative example. Finally, an attempt is made to suggest solutions for the European legislator, based on the policy proposals of the EU Commission’s “Digital Agenda” and more recent policy documents (e.g. “On Content in the Digital Market”, “Licenses for Europe”). In this context, a distinction is made between non-commercial mashup artists and the emerging commercial mashup scene.
%L 340
%K Artistic Expressions
%K CJEU
%K Copyright Directive
%K Mashups
%K user-generated content
%U http://nbn-resolving.de/urn:nbn:de:0009-29-40948
%P 172-193

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Bibtex

@Article{jütte2014,
  author = 	"J{\"u}tte, Bernd  Justin",
  title = 	"The EU's Trouble with Mashups: From Disabling to Enabling a Digital Art Form",
  journal = 	"JIPITEC",
  year = 	"2014",
  volume = 	"5",
  number = 	"3",
  pages = 	"172--193",
  keywords = 	"Artistic Expressions; CJEU; Copyright Directive; Mashups; user-generated content",
  abstract = 	"New tools for editing of digital images, music and films have opened up new possibilities to enable wider circles of society to engage in 'artistic' activities of different qualities. User-generated content has produced a plethora of new forms of artistic expression. One type of user-generated content is the mashup. Mashups are compositions that combine existing works (often) protected by copyright and transform them into new original creations. The European legislative framework has not yet reacted to the copyright problems provoked by mashups. Neither under the US fair use doctrine, nor under the strict corset of limitations and exceptions in Art 5 (2)-(3) of the Copyright Directive (2001/29/EC) have mashups found room to develop in a safe legal environment. The contribution analyzes the current European legal framework and identifies its insufficiencies with regard to enabling a legal mashup culture. By comparison with the US fair use approach, in particular the parody defense, a recent CJEU judgment serves as a comparative example. Finally, an attempt is made to suggest solutions for the European legislator, based on the policy proposals of the EU Commission's ``Digital Agenda'' and more recent policy documents (e.g. ``On Content in the Digital Market'', ``Licenses for Europe''). In this context, a distinction is made between non-commercial mashup artists and the emerging commercial mashup scene.",
  issn = 	"2190-3387",
  url = 	"http://nbn-resolving.de/urn:nbn:de:0009-29-40948"
}

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RIS

TY  - JOUR
AU  - Jütte, Bernd  Justin
PY  - 2014
DA  - 2014//
TI  - The EU’s Trouble with Mashups: From Disabling to Enabling a Digital Art Form
JO  - JIPITEC
SP  - 172
EP  - 193
VL  - 5
IS  - 3
KW  - Artistic Expressions
KW  - CJEU
KW  - Copyright Directive
KW  - Mashups
KW  - user-generated content
AB  - New tools for editing of digital images, music and films have opened up new possibilities to enable wider circles of society to engage in ’artistic’ activities of different qualities. User-generated content has produced a plethora of new forms of artistic expression. One type of user-generated content is the mashup. Mashups are compositions that combine existing works (often) protected by copyright and transform them into new original creations. The European legislative framework has not yet reacted to the copyright problems provoked by mashups. Neither under the US fair use doctrine, nor under the strict corset of limitations and exceptions in Art 5 (2)-(3) of the Copyright Directive (2001/29/EC) have mashups found room to develop in a safe legal environment. The contribution analyzes the current European legal framework and identifies its insufficiencies with regard to enabling a legal mashup culture. By comparison with the US fair use approach, in particular the parody defense, a recent CJEU judgment serves as a comparative example. Finally, an attempt is made to suggest solutions for the European legislator, based on the policy proposals of the EU Commission’s “Digital Agenda” and more recent policy documents (e.g. “On Content in the Digital Market”, “Licenses for Europe”). In this context, a distinction is made between non-commercial mashup artists and the emerging commercial mashup scene.
SN  - 2190-3387
UR  - http://nbn-resolving.de/urn:nbn:de:0009-29-40948
ID  - jütte2014
ER  - 
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Wordbib

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<b:Comments>New tools for editing of digital images, music and films have opened up new possibilities to enable wider circles of society to engage in ’artistic’ activities of different qualities. User-generated content has produced a plethora of new forms of artistic expression. One type of user-generated content is the mashup. Mashups are compositions that combine existing works (often) protected by copyright and transform them into new original creations. The European legislative framework has not yet reacted to the copyright problems provoked by mashups. Neither under the US fair use doctrine, nor under the strict corset of limitations and exceptions in Art 5 (2)-(3) of the Copyright Directive (2001/29/EC) have mashups found room to develop in a safe legal environment. The contribution analyzes the current European legal framework and identifies its insufficiencies with regard to enabling a legal mashup culture. By comparison with the US fair use approach, in particular the parody defense, a recent CJEU judgment serves as a comparative example. Finally, an attempt is made to suggest solutions for the European legislator, based on the policy proposals of the EU Commission’s “Digital Agenda” and more recent policy documents (e.g. “On Content in the Digital Market”, “Licenses for Europe”). In this context, a distinction is made between non-commercial mashup artists and the emerging commercial mashup scene.</b:Comments>
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ISI

PT Journal
AU Jütte, B
TI The EU’s Trouble with Mashups: From Disabling to Enabling a Digital Art Form
SO JIPITEC
PY 2014
BP 172
EP 193
VL 5
IS 3
DE Artistic Expressions; CJEU; Copyright Directive; Mashups; user-generated content
AB New tools for editing of digital images, music and films have opened up new possibilities to enable wider circles of society to engage in ’artistic’ activities of different qualities. User-generated content has produced a plethora of new forms of artistic expression. One type of user-generated content is the mashup. Mashups are compositions that combine existing works (often) protected by copyright and transform them into new original creations. The European legislative framework has not yet reacted to the copyright problems provoked by mashups. Neither under the US fair use doctrine, nor under the strict corset of limitations and exceptions in Art 5 (2)-(3) of the Copyright Directive (2001/29/EC) have mashups found room to develop in a safe legal environment. The contribution analyzes the current European legal framework and identifies its insufficiencies with regard to enabling a legal mashup culture. By comparison with the US fair use approach, in particular the parody defense, a recent CJEU judgment serves as a comparative example. Finally, an attempt is made to suggest solutions for the European legislator, based on the policy proposals of the EU Commission’s “Digital Agenda” and more recent policy documents (e.g. “On Content in the Digital Market”, “Licenses for Europe”). In this context, a distinction is made between non-commercial mashup artists and the emerging commercial mashup scene.
ER

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Mods

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  <titleInfo>
    <title>The EU’s Trouble with Mashups: From Disabling to Enabling a Digital Art Form</title>
  </titleInfo>
  <name type="personal">
    <namePart type="family">Jütte</namePart>
    <namePart type="given">Bernd  Justin</namePart>
  </name>
  <abstract>New tools for editing of digital images, music and films have opened up new possibilities to enable wider circles of society to engage in ’artistic’ activities of different qualities. User-generated content has produced a plethora of new forms of artistic expression. One type of user-generated content is the mashup. Mashups are compositions that combine existing works (often) protected by copyright and transform them into new original creations. The European legislative framework has not yet reacted to the copyright problems provoked by mashups. Neither under the US fair use doctrine, nor under the strict corset of limitations and exceptions in Art 5 (2)-(3) of the Copyright Directive (2001/29/EC) have mashups found room to develop in a safe legal environment. The contribution analyzes the current European legal framework and identifies its insufficiencies with regard to enabling a legal mashup culture. By comparison with the US fair use approach, in particular the parody defense, a recent CJEU judgment serves as a comparative example. Finally, an attempt is made to suggest solutions for the European legislator, based on the policy proposals of the EU Commission’s “Digital Agenda” and more recent policy documents (e.g. “On Content in the Digital Market”, “Licenses for Europe”). In this context, a distinction is made between non-commercial mashup artists and the emerging commercial mashup scene.</abstract>
  <subject>
    <topic>Artistic Expressions</topic>
    <topic>CJEU</topic>
    <topic>Copyright Directive</topic>
    <topic>Mashups</topic>
    <topic>user-generated content</topic>
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JIPITEC – Journal of Intellectual Property, Information Technology and E-Commerce Law
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