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Maxime Lambrecht, Free Speech by Design – Algorithmic protection of exceptions and limitations in the Copyright DSM directive, 11 (2020) JIPITEC 68 para 1.
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%0 Journal Article %T Free Speech by Design – Algorithmic protection of exceptions and limitations in the Copyright DSM directive %A Lambrecht, Maxime %J JIPITEC %D 2020 %V 11 %N 1 %@ 2190-3387 %F lambrecht2020 %X Article 17 of the Directive for Copyright in the Digital Single Market imposes on certain platforms an indirect obligation of algorithmic filtering, while providing a plethora of textual safeguards and guarantees for freedom of speech and legitimate uses. We argue however that this traditional approach of formal safeguards and procedural remedies has proved its inability to effectively protect users' rights to benefit from exceptions and limitations to copyright on digital platforms. We suggest an alternative approach, "free speech by design", aimed at embedding a concern for freedom of expression in the design of algorithmic copyright enforcement systems. Informed by CJEU case law (notably the recent Spiegel Online, Funke Medien and Pelham trio), we will assess how such approach can be leveraged to include, in the implementation of the DSM directive, an algorithmic protection for the exceptions for quotation and parody, which are of particular importance for the right to freedom of expression. %L 340 %K Copyright %K DSM Directive %K Digital Single Market %K Fair balance %K Freedom of expression %K Fundamental rights %K by design %K exceptions and limitations %K parody %K quotation %U http://nbn-resolving.de/urn:nbn:de:0009-29-50807 %P 68-94Download
Bibtex
@Article{lambrecht2020,
author = "Lambrecht, Maxime",
title = "Free Speech by Design -- Algorithmic protection of exceptions and limitations in the Copyright DSM directive",
journal = "JIPITEC",
year = "2020",
volume = "11",
number = "1",
pages = "68--94",
keywords = "Copyright; DSM Directive; Digital Single Market; Fair balance; Freedom of expression; Fundamental rights; by design; exceptions and limitations; parody; quotation",
abstract = "Article 17 of the Directive for Copyright in the Digital Single Market imposes on certain platforms an indirect obligation of algorithmic filtering, while providing a plethora of textual safeguards and guarantees for freedom of speech and legitimate uses. We argue however that this traditional approach of formal safeguards and procedural remedies has proved its inability to effectively protect users' rights to benefit from exceptions and limitations to copyright on digital platforms. We suggest an alternative approach, ``free speech by design'', aimed at embedding a concern for freedom of expression in the design of algorithmic copyright enforcement systems. Informed by CJEU case law (notably the recent Spiegel Online, Funke Medien and Pelham trio), we will assess how such approach can be leveraged to include, in the implementation of the DSM directive, an algorithmic protection for the exceptions for quotation and parody, which are of particular importance for the right to freedom of expression.",
issn = "2190-3387",
url = "http://nbn-resolving.de/urn:nbn:de:0009-29-50807"
}
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TY - JOUR AU - Lambrecht, Maxime PY - 2020 DA - 2020// TI - Free Speech by Design – Algorithmic protection of exceptions and limitations in the Copyright DSM directive JO - JIPITEC SP - 68 EP - 94 VL - 11 IS - 1 KW - Copyright KW - DSM Directive KW - Digital Single Market KW - Fair balance KW - Freedom of expression KW - Fundamental rights KW - by design KW - exceptions and limitations KW - parody KW - quotation AB - Article 17 of the Directive for Copyright in the Digital Single Market imposes on certain platforms an indirect obligation of algorithmic filtering, while providing a plethora of textual safeguards and guarantees for freedom of speech and legitimate uses. We argue however that this traditional approach of formal safeguards and procedural remedies has proved its inability to effectively protect users' rights to benefit from exceptions and limitations to copyright on digital platforms. We suggest an alternative approach, "free speech by design", aimed at embedding a concern for freedom of expression in the design of algorithmic copyright enforcement systems. Informed by CJEU case law (notably the recent Spiegel Online, Funke Medien and Pelham trio), we will assess how such approach can be leveraged to include, in the implementation of the DSM directive, an algorithmic protection for the exceptions for quotation and parody, which are of particular importance for the right to freedom of expression. SN - 2190-3387 UR - http://nbn-resolving.de/urn:nbn:de:0009-29-50807 ID - lambrecht2020 ER -Download
Wordbib
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ISI
PT Journal AU Lambrecht, M TI Free Speech by Design – Algorithmic protection of exceptions and limitations in the Copyright DSM directive SO JIPITEC PY 2020 BP 68 EP 94 VL 11 IS 1 DE Copyright; DSM Directive; Digital Single Market; Fair balance; Freedom of expression; Fundamental rights; by design; exceptions and limitations; parody; quotation AB Article 17 of the Directive for Copyright in the Digital Single Market imposes on certain platforms an indirect obligation of algorithmic filtering, while providing a plethora of textual safeguards and guarantees for freedom of speech and legitimate uses. We argue however that this traditional approach of formal safeguards and procedural remedies has proved its inability to effectively protect users' rights to benefit from exceptions and limitations to copyright on digital platforms. We suggest an alternative approach, "free speech by design", aimed at embedding a concern for freedom of expression in the design of algorithmic copyright enforcement systems. Informed by CJEU case law (notably the recent Spiegel Online, Funke Medien and Pelham trio), we will assess how such approach can be leveraged to include, in the implementation of the DSM directive, an algorithmic protection for the exceptions for quotation and parody, which are of particular importance for the right to freedom of expression. ERDownload
Mods
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Full Metadata
| Bibliographic Citation | Journal of intellectual property, information technology and electronic commerce law 11 (2020) 1 |
|---|---|
| Title |
Free Speech by Design – Algorithmic protection of exceptions and limitations in the Copyright DSM directive (eng) |
| Author | Maxime Lambrecht |
| Language | eng |
| Abstract | Article 17 of the Directive for Copyright in the Digital Single Market imposes on certain platforms an indirect obligation of algorithmic filtering, while providing a plethora of textual safeguards and guarantees for freedom of speech and legitimate uses. We argue however that this traditional approach of formal safeguards and procedural remedies has proved its inability to effectively protect users' rights to benefit from exceptions and limitations to copyright on digital platforms. We suggest an alternative approach, "free speech by design", aimed at embedding a concern for freedom of expression in the design of algorithmic copyright enforcement systems. Informed by CJEU case law (notably the recent Spiegel Online, Funke Medien and Pelham trio), we will assess how such approach can be leveraged to include, in the implementation of the DSM directive, an algorithmic protection for the exceptions for quotation and parody, which are of particular importance for the right to freedom of expression. |
| Subject | Copyright, DSM Directive, Digital Single Market, Fair balance, Freedom of expression, Fundamental rights, by design, exceptions and limitations, parody, quotation |
| DDC | 340 |
| Rights | DPPL |
| URN: | urn:nbn:de:0009-29-50807 |
