Document Actions

Citation and metadata

Recommended citation

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.

Download Citation

Endnote

%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 310-329

Download

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"
}

Download

RIS

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

<?xml version="1.0" encoding="UTF-8"?>
<b:Sources SelectedStyle="" xmlns:b="http://schemas.openxmlformats.org/officeDocument/2006/bibliography"  xmlns="http://schemas.openxmlformats.org/officeDocument/2006/bibliography" >
<b:Source>
<b:Tag>vandendriessche2020</b:Tag>
<b:SourceType>ArticleInAPeriodical</b:SourceType>
<b:Year>2020</b:Year>
<b:PeriodicalTitle>JIPITEC</b:PeriodicalTitle>
<b:Volume>10</b:Volume>
<b:Issue>3</b:Issue>
<b:Url>http://nbn-resolving.de/urn:nbn:de:0009-29-50395</b:Url>
<b:Pages>310-329</b:Pages>
<b:Author>
<b:Author><b:NameList>
<b:Person><b:Last>Vandendriessche</b:Last><b:First>Annelies</b:First></b:Person>
<b:Person><b:Last>Jütte</b:Last><b:First>Bernd Justin</b:First></b:Person>
</b:NameList></b:Author>
</b:Author>
<b:Title>Responsible Information Sharing Converging boundaries between private and public in privacy and copyright law</b:Title>
<b:Comments>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.</b:Comments>
</b:Source>
</b:Sources>
Download

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.
ER

Download

Mods

<mods>
  <titleInfo>
    <title>Responsible Information Sharing Converging boundaries between private and public in privacy and copyright law</title>
  </titleInfo>
  <name type="personal">
    <namePart type="family">Vandendriessche</namePart>
    <namePart type="given">Annelies</namePart>
  </name>
  <name type="personal">
    <namePart type="family">Jütte</namePart>
    <namePart type="given">Bernd Justin</namePart>
  </name>
  <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>
  <subject>
    <topic>communication to</topic>
    <topic>copyright</topic>
    <topic>new public</topic>
    <topic>privacy, personal information</topic>
    <topic>reasonable expectations</topic>
    <topic>the public</topic>
    <topic>privacy</topic>
    <topic>personal information</topic>
    <topic>copyright</topic>
    <topic>reasonable expectations</topic>
    <topic>communication to</topic>
    <topic>the public</topic>
    <topic>new public</topic>
  </subject>
  <classification authority="ddc">340</classification>
  <relatedItem type="host">
    <genre authority="marcgt">periodical</genre>
    <genre>academic journal</genre>
    <titleInfo>
      <title>JIPITEC</title>
    </titleInfo>
    <part>
      <detail type="volume">
        <number>10</number>
      </detail>
      <detail type="issue">
        <number>3</number>
      </detail>
      <date>2020</date>
      <extent unit="page">
        <start>310</start>
        <end>329</end>
      </extent>
    </part>
  </relatedItem>
  <identifier type="issn">2190-3387</identifier>
  <identifier type="urn">urn:nbn:de:0009-29-50395</identifier>
  <identifier type="uri">http://nbn-resolving.de/urn:nbn:de:0009-29-50395</identifier>
  <identifier type="citekey">vandendriessche2020</identifier>
</mods>
Download

Full Metadata

JIPITEC – Journal of Intellectual Property, Information Technology and E-Commerce Law
Article search
Extended article search
Newsletter
Subscribe to our newsletter
Follow Us
twitter