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Annelies Vandendriessche, Bernd Justin Jütte, Responsible Information Sharing Converging boundaries between private and public in privacy and copyright law, 10 (2020) JIPITEC 310 para 1.
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%0 Journal Article %T Responsible Information Sharing Converging boundaries between private and public in privacy and copyright law %A Vandendriessche, Annelies %A Jütte, Bernd Justin %J JIPITEC %D 2020 %V 10 %N 3 %@ 2190-3387 %F vandendriessche2020 %X Copyright Law and Privacy Law both grant individuals exclusive control over the dissemination of expression or personal information, respectively. A number of criteria emerged in the ‘new public’ jurisprudence of the CJEU based on Article 3 Directive 2001/29/EC (InfoSoc Directive), that determine how right holders can retain control over copyright-protected works after their first publication. The Court established that the scope of a public in copyright law depends, among other factors, on the subjective intention of the person who exposes a work to an audience. The case law suggests that several ‘publics’ coexist, and that the exposure of works to one of these ‘publics’, does not automatically justify exposure to other public spheres. The exposure of these works to other ‘publics’, still remains under the control of the right holder. The paper suggests that the notion of a “new public” can be instrumental in better understanding the delimitation of public and private space in EU privacy law. The authors propose a concept of privacy as controlled public exposure, modelled on the notion of a “new public” under Article 3 of the Information Society Directive, and inspired by recent jurisprudence of the ECtHR on Article 8 ECHR, which protects the right to respect for private life. This, the authors argue, leads to an expansion of private spheres in public life. %L 340 %K communication to %K copyright %K new public %K privacy, personal information %K reasonable expectations %K the public %K privacy %K personal information %U http://nbn-resolving.de/urn:nbn:de:0009-29-50395 %P 310-329Download
Bibtex
@Article{vandendriessche2020,
author = "Vandendriessche, Annelies
and J{\"u}tte, Bernd Justin",
title = "Responsible Information Sharing Converging boundaries between private and public in privacy and copyright law",
journal = "JIPITEC",
year = "2020",
volume = "10",
number = "3",
pages = "310--329",
keywords = "communication to; copyright; new public; privacy, personal information; reasonable expectations; the public; privacy; personal information",
abstract = "Copyright Law and Privacy Law both grant individuals exclusive control over the dissemination of expression or personal information, respectively. A number of criteria emerged in the `new public' jurisprudence of the CJEU based on Article 3 Directive 2001/29/EC (InfoSoc Directive), that determine how right holders can retain control over copyright-protected works after their first publication. The Court established that the scope of a public in copyright law depends, among other factors, on the subjective intention of the person who exposes a work to an audience. The case law suggests that several `publics' coexist, and that the exposure of works to one of these `publics', does not automatically justify exposure to other public spheres. The exposure of these works to other `publics', still remains under the control of the right holder. The paper suggests that the notion of a ``new public'' can be instrumental in better understanding the delimitation of public and private space in EU privacy law. The authors propose a concept of privacy as controlled public exposure, modelled on the notion of a ``new public'' under Article 3 of the Information Society Directive, and inspired by recent jurisprudence of the ECtHR on Article 8 ECHR, which protects the right to respect for private life. This, the authors argue, leads to an expansion of private spheres in public life.",
issn = "2190-3387",
url = "http://nbn-resolving.de/urn:nbn:de:0009-29-50395"
}
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TY - JOUR AU - Vandendriessche, Annelies AU - Jütte, Bernd Justin PY - 2020 DA - 2020// TI - Responsible Information Sharing Converging boundaries between private and public in privacy and copyright law JO - JIPITEC SP - 310 EP - 329 VL - 10 IS - 3 KW - communication to KW - copyright KW - new public KW - privacy, personal information KW - reasonable expectations KW - the public KW - privacy KW - personal information AB - Copyright Law and Privacy Law both grant individuals exclusive control over the dissemination of expression or personal information, respectively. A number of criteria emerged in the ‘new public’ jurisprudence of the CJEU based on Article 3 Directive 2001/29/EC (InfoSoc Directive), that determine how right holders can retain control over copyright-protected works after their first publication. The Court established that the scope of a public in copyright law depends, among other factors, on the subjective intention of the person who exposes a work to an audience. The case law suggests that several ‘publics’ coexist, and that the exposure of works to one of these ‘publics’, does not automatically justify exposure to other public spheres. The exposure of these works to other ‘publics’, still remains under the control of the right holder. The paper suggests that the notion of a “new public” can be instrumental in better understanding the delimitation of public and private space in EU privacy law. The authors propose a concept of privacy as controlled public exposure, modelled on the notion of a “new public” under Article 3 of the Information Society Directive, and inspired by recent jurisprudence of the ECtHR on Article 8 ECHR, which protects the right to respect for private life. This, the authors argue, leads to an expansion of private spheres in public life. SN - 2190-3387 UR - http://nbn-resolving.de/urn:nbn:de:0009-29-50395 ID - vandendriessche2020 ER -Download
Wordbib
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ISI
PT Journal AU Vandendriessche, A Jütte, B TI Responsible Information Sharing Converging boundaries between private and public in privacy and copyright law SO JIPITEC PY 2020 BP 310 EP 329 VL 10 IS 3 DE communication to; copyright; new public; privacy, personal information; reasonable expectations; the public; privacy; personal information AB Copyright Law and Privacy Law both grant individuals exclusive control over the dissemination of expression or personal information, respectively. A number of criteria emerged in the ‘new public’ jurisprudence of the CJEU based on Article 3 Directive 2001/29/EC (InfoSoc Directive), that determine how right holders can retain control over copyright-protected works after their first publication. The Court established that the scope of a public in copyright law depends, among other factors, on the subjective intention of the person who exposes a work to an audience. The case law suggests that several ‘publics’ coexist, and that the exposure of works to one of these ‘publics’, does not automatically justify exposure to other public spheres. The exposure of these works to other ‘publics’, still remains under the control of the right holder. The paper suggests that the notion of a “new public” can be instrumental in better understanding the delimitation of public and private space in EU privacy law. The authors propose a concept of privacy as controlled public exposure, modelled on the notion of a “new public” under Article 3 of the Information Society Directive, and inspired by recent jurisprudence of the ECtHR on Article 8 ECHR, which protects the right to respect for private life. This, the authors argue, leads to an expansion of private spheres in public life. ERDownload
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<abstract>Copyright Law and Privacy Law both grant individuals exclusive control over the dissemination of expression or personal information, respectively. A number of criteria emerged in the ‘new public’ jurisprudence of the CJEU based on Article 3 Directive 2001/29/EC (InfoSoc Directive), that determine how right holders can retain control over copyright-protected works after their first publication. The Court established that the scope of a public in copyright law depends, among other factors, on the subjective intention of the person who exposes a work to an audience. The case law suggests that several ‘publics’ coexist, and that the exposure of works to one of these ‘publics’, does not automatically justify exposure to other public spheres. The exposure of these works to other ‘publics’, still remains under the control of the right holder. The paper suggests that the notion of a “new public” can be instrumental in better understanding the delimitation of public and private space in EU privacy law. The authors propose a concept of privacy as controlled public exposure, modelled on the notion of a “new public” under Article 3 of the Information Society Directive, and inspired by recent jurisprudence of the ECtHR on Article 8 ECHR, which protects the right to respect for private life. This, the authors argue, leads to an expansion of private spheres in public life.</abstract>
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Full Metadata
| Bibliographic Citation | Journal of intellectual property, information technology and electronic commerce law 10 (2020) 3 |
|---|---|
| Title |
Responsible Information Sharing Converging boundaries between private and public in privacy and copyright law (eng) |
| Author | Annelies Vandendriessche, Bernd Justin Jütte |
| Language | eng |
| Abstract | Copyright Law and Privacy Law both grant individuals exclusive control over the dissemination of expression or personal information, respectively. A number of criteria emerged in the ‘new public’ jurisprudence of the CJEU based on Article 3 Directive 2001/29/EC (InfoSoc Directive), that determine how right holders can retain control over copyright-protected works after their first publication. The Court established that the scope of a public in copyright law depends, among other factors, on the subjective intention of the person who exposes a work to an audience. The case law suggests that several ‘publics’ coexist, and that the exposure of works to one of these ‘publics’, does not automatically justify exposure to other public spheres. The exposure of these works to other ‘publics’, still remains under the control of the right holder. The paper suggests that the notion of a “new public” can be instrumental in better understanding the delimitation of public and private space in EU privacy law. The authors propose a concept of privacy as controlled public exposure, modelled on the notion of a “new public” under Article 3 of the Information Society Directive, and inspired by recent jurisprudence of the ECtHR on Article 8 ECHR, which protects the right to respect for private life. This, the authors argue, leads to an expansion of private spheres in public life. |
| Subject | communication to, copyright, new public, privacy, personal information, reasonable expectations, the public, privacy, personal information, copyright, reasonable expectations, communication to, the public, new public |
| DDC | 340 |
| Rights | DPPL |
| URN: | urn:nbn:de:0009-29-50395 |
