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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 172-193Download
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@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" }Download
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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 -Download
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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. ERDownload
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Full Metadata
Bibliographic Citation | Journal of intellectual property, information technology and electronic commerce law 5 (2014) 3 |
---|---|
Title |
The EU’s Trouble with Mashups: From Disabling to Enabling a Digital Art Form (eng) |
Author | Bernd Justin Jütte |
Language | eng |
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. |
Subject | Artistic Expressions, CJEU, Copyright Directive, Mashups, user-generated content |
DDC | 340 |
Rights | DPPL |
URN: | urn:nbn:de:0009-29-40948 |