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Christina Angelopoulos, João Pedro Quintais, Fixing Copyright Reform: A Better Solution to Online Infringement, 10 (2019) JIPITEC 147 para 1.
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%0 Journal Article %T Fixing Copyright Reform: A Better Solution to Online Infringement %A Angelopoulos, Christina %A Quintais, João Pedro %J JIPITEC %D 2019 %V 10 %N 2 %@ 2190-3387 %F angelopoulos2019 %X The newly-adopted Directive on Copyright in the Digital Single Market (DSMD) will fundamentally reshape EU copyright law. Among its most controversial offerings is Article 17, the so-called “value gap” provision, aimed at solving the alleged mismatch between the value that online content-sharing platforms extract from creative content and the revenue returned to the copyright-holders. This article argues that the new rules are misguided, misconceiving the real problems afflicting modern copyright. These are the proliferation of copyright infringement online in general – not only through content-sharing platforms – and the current piecemeal harmonisation of the rules on the liability of the intermediaries whose services are used to access and disseminate copyright-protected content. The current outdated and fragmented EU legal framework is ill-equipped to address these problems. Instead, it creates legal uncertainty for users and intermediaries in the online environment, while also failing to compensate creators fairly. The new rules will not change this. This article examines the pre-DSMD acquis and proposes a better solution than Article 17, consisting of two key changes: (a) the introduction of a harmonised EU framework for accessory liability for third party copyright infringement; and (b) the adoption of an alternative compensation system for right-holders covering non-commercial direct copyright use by the end-users of certain online platforms. %L 340 %K Copyright %K compensation %K end-user rights %K enforcement %K intermediaries %K ‘value gap’ %U http://nbn-resolving.de/urn:nbn:de:0009-29-49137 %P 147-172Download
Bibtex
@Article{angelopoulos2019,
author = "Angelopoulos, Christina
and Quintais, Jo{\~a}o Pedro",
title = "Fixing Copyright Reform: A Better Solution to Online Infringement",
journal = "JIPITEC",
year = "2019",
volume = "10",
number = "2",
pages = "147--172",
keywords = "Copyright; compensation; end-user rights; enforcement; intermediaries; `value gap'",
abstract = "The newly-adopted Directive on Copyright in the Digital Single Market (DSMD) will fundamentally reshape EU copyright law. Among its most controversial offerings is Article 17, the so-called ``value gap'' provision, aimed at solving the alleged mismatch between the value that online content-sharing platforms extract from creative content and the revenue returned to the copyright-holders. This article argues that the new rules are misguided, misconceiving the real problems afflicting modern copyright. These are the proliferation of copyright infringement online in general -- not only through content-sharing platforms -- and the current piecemeal harmonisation of the rules on the liability of the intermediaries whose services are used to access and disseminate copyright-protected content. The current outdated and fragmented EU legal framework is ill-equipped to address these problems. Instead, it creates legal uncertainty for users and intermediaries in the online environment, while also failing to compensate creators fairly. The new rules will not change this. This article examines the pre-DSMD acquis and proposes a better solution than Article 17, consisting of two key changes: (a) the introduction of a harmonised EU framework for accessory liability for third party copyright infringement; and (b) the adoption of an alternative compensation system for right-holders covering non-commercial direct copyright use by the end-users of certain online platforms.",
issn = "2190-3387",
url = "http://nbn-resolving.de/urn:nbn:de:0009-29-49137"
}
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TY - JOUR AU - Angelopoulos, Christina AU - Quintais, João Pedro PY - 2019 DA - 2019// TI - Fixing Copyright Reform: A Better Solution to Online Infringement JO - JIPITEC SP - 147 EP - 172 VL - 10 IS - 2 KW - Copyright KW - compensation KW - end-user rights KW - enforcement KW - intermediaries KW - ‘value gap’ AB - The newly-adopted Directive on Copyright in the Digital Single Market (DSMD) will fundamentally reshape EU copyright law. Among its most controversial offerings is Article 17, the so-called “value gap” provision, aimed at solving the alleged mismatch between the value that online content-sharing platforms extract from creative content and the revenue returned to the copyright-holders. This article argues that the new rules are misguided, misconceiving the real problems afflicting modern copyright. These are the proliferation of copyright infringement online in general – not only through content-sharing platforms – and the current piecemeal harmonisation of the rules on the liability of the intermediaries whose services are used to access and disseminate copyright-protected content. The current outdated and fragmented EU legal framework is ill-equipped to address these problems. Instead, it creates legal uncertainty for users and intermediaries in the online environment, while also failing to compensate creators fairly. The new rules will not change this. This article examines the pre-DSMD acquis and proposes a better solution than Article 17, consisting of two key changes: (a) the introduction of a harmonised EU framework for accessory liability for third party copyright infringement; and (b) the adoption of an alternative compensation system for right-holders covering non-commercial direct copyright use by the end-users of certain online platforms. SN - 2190-3387 UR - http://nbn-resolving.de/urn:nbn:de:0009-29-49137 ID - angelopoulos2019 ER -Download
Wordbib
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ISI
PT Journal AU Angelopoulos, C Quintais, J TI Fixing Copyright Reform: A Better Solution to Online Infringement SO JIPITEC PY 2019 BP 147 EP 172 VL 10 IS 2 DE Copyright; compensation; end-user rights; enforcement; intermediaries; ‘value gap’ AB The newly-adopted Directive on Copyright in the Digital Single Market (DSMD) will fundamentally reshape EU copyright law. Among its most controversial offerings is Article 17, the so-called “value gap” provision, aimed at solving the alleged mismatch between the value that online content-sharing platforms extract from creative content and the revenue returned to the copyright-holders. This article argues that the new rules are misguided, misconceiving the real problems afflicting modern copyright. These are the proliferation of copyright infringement online in general – not only through content-sharing platforms – and the current piecemeal harmonisation of the rules on the liability of the intermediaries whose services are used to access and disseminate copyright-protected content. The current outdated and fragmented EU legal framework is ill-equipped to address these problems. Instead, it creates legal uncertainty for users and intermediaries in the online environment, while also failing to compensate creators fairly. The new rules will not change this. This article examines the pre-DSMD acquis and proposes a better solution than Article 17, consisting of two key changes: (a) the introduction of a harmonised EU framework for accessory liability for third party copyright infringement; and (b) the adoption of an alternative compensation system for right-holders covering non-commercial direct copyright use by the end-users of certain online platforms. ERDownload
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<abstract>The newly-adopted Directive on Copyright in the Digital Single Market (DSMD) will fundamentally reshape EU copyright law. Among its most controversial offerings is Article 17, the so-called “value gap” provision, aimed at solving the alleged mismatch between the value that online content-sharing platforms extract from creative content and the revenue returned to the copyright-holders. This article argues that the new rules are misguided, misconceiving the real problems afflicting modern copyright. These are the proliferation of copyright infringement online in general – not only through content-sharing platforms – and the current piecemeal harmonisation of the rules on the liability of the intermediaries whose services are used to access and disseminate copyright-protected content. The current outdated and fragmented EU legal framework is ill-equipped to address these problems. Instead, it creates legal uncertainty for users and intermediaries in the online environment, while also failing to compensate creators fairly. The new rules will not change this. This article examines the pre-DSMD acquis and proposes a better solution than Article 17, consisting of two key changes: (a) the introduction of a harmonised EU framework for accessory liability for third party copyright infringement; and (b) the adoption of an alternative compensation system for right-holders covering non-commercial direct copyright use by the end-users of certain online platforms.</abstract>
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Full Metadata
| Bibliographic Citation | Journal of intellectual property, information technology and electronic commerce law 10 (2019) 2 |
|---|---|
| Title |
Fixing Copyright Reform: A Better Solution to Online Infringement (eng) |
| Author | Christina Angelopoulos, João Pedro Quintais |
| Language | eng |
| Abstract | The newly-adopted Directive on Copyright in the Digital Single Market (DSMD) will fundamentally reshape EU copyright law. Among its most controversial offerings is Article 17, the so-called “value gap” provision, aimed at solving the alleged mismatch between the value that online content-sharing platforms extract from creative content and the revenue returned to the copyright-holders. This article argues that the new rules are misguided, misconceiving the real problems afflicting modern copyright. These are the proliferation of copyright infringement online in general – not only through content-sharing platforms – and the current piecemeal harmonisation of the rules on the liability of the intermediaries whose services are used to access and disseminate copyright-protected content. The current outdated and fragmented EU legal framework is ill-equipped to address these problems. Instead, it creates legal uncertainty for users and intermediaries in the online environment, while also failing to compensate creators fairly. The new rules will not change this. This article examines the pre-DSMD acquis and proposes a better solution than Article 17, consisting of two key changes: (a) the introduction of a harmonised EU framework for accessory liability for third party copyright infringement; and (b) the adoption of an alternative compensation system for right-holders covering non-commercial direct copyright use by the end-users of certain online platforms. |
| Subject | Copyright, compensation, end-user rights, enforcement, intermediaries, ‘value gap’ |
| DDC | 340 |
| Rights | DPPL |
| URN: | urn:nbn:de:0009-29-49137 |
