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Maurice Schellekens, Framing links and the prohibition of formalities, 12 (2022) JIPITEC 439 para 1.
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%0 Journal Article %T Framing links and the prohibition of formalities %A Schellekens, Maurice %J JIPITEC %D 2022 %V 12 %N 5 %@ 2190-3387 %F schellekens2022 %X The Berne Convention of 1886 prohibits subjecting foreign copyright holders to formalities that control the enjoyment and exercise of their rights. This has given an important impetus to the ‘international’ protection of copyrights. This century, there is increasing attention for the drawbacks of a prohibition of formalities. Formalities may make it more difficult to clear rights because they limit possibilities to make the registration of rights mandatory or to find solutions for the use of orphaned works. In its recent decision in VG Bild-Kunst case, the CJEU has arguably introduced a new formality. A copyright holder who wants to exercise control over hyperlinks and framing links to their work, has to use effective technological protection measures to clarify for which public they seek to make their work available on the internet. The reason for requiring technology is to make it easier for those making links to know what links are allowed and which ones are not. However, if foreign copyright holders can invoke the prohibition of formalities and can enforce their rights against makers of links, even if they did not use technology, the goal of more clarity on permitted uses would not be achieved. This article investigates how the old prohibition of formalities relates to the proposed new uses of technology. %L 340 %K Berne Convention %K Communication to the Public %K implied consent %K prohibition of formalities %K hyperlinks %K framing links %U http://nbn-resolving.de/urn:nbn:de:0009-29-54933 %P 439-447Download
Bibtex
@Article{schellekens2022,
author = "Schellekens, Maurice",
title = "Framing links and the prohibition of formalities",
journal = "JIPITEC",
year = "2022",
volume = "12",
number = "5",
pages = "439--447",
keywords = "Berne Convention; Communication to the Public; implied consent; prohibition of formalities; hyperlinks; framing links",
abstract = "The Berne Convention of 1886 prohibits subjecting foreign copyright holders to formalities that control the enjoyment and exercise of their rights. This has given an important impetus to the `international' protection of copyrights. This century, there is increasing attention for the drawbacks of a prohibition of formalities. Formalities may make it more difficult to clear rights because they limit possibilities to make the registration of rights mandatory or to find solutions for the use of orphaned works. In its recent decision in VG Bild-Kunst case, the CJEU has arguably introduced a new formality. A copyright holder who wants to exercise control over hyperlinks and framing links to their work, has to use effective technological protection measures to clarify for which public they seek to make their work available on the internet. The reason for requiring technology is to make it easier for those making links to know what links are allowed and which ones are not. However, if foreign copyright holders can invoke the prohibition of formalities and can enforce their rights against makers of links, even if they did not use technology, the goal of more clarity on permitted uses would not be achieved. This article investigates how the old prohibition of formalities relates to the proposed new uses of technology.",
issn = "2190-3387",
url = "http://nbn-resolving.de/urn:nbn:de:0009-29-54933"
}
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TY - JOUR AU - Schellekens, Maurice PY - 2022 DA - 2022// TI - Framing links and the prohibition of formalities JO - JIPITEC SP - 439 EP - 447 VL - 12 IS - 5 KW - Berne Convention KW - Communication to the Public KW - implied consent KW - prohibition of formalities KW - hyperlinks KW - framing links AB - The Berne Convention of 1886 prohibits subjecting foreign copyright holders to formalities that control the enjoyment and exercise of their rights. This has given an important impetus to the ‘international’ protection of copyrights. This century, there is increasing attention for the drawbacks of a prohibition of formalities. Formalities may make it more difficult to clear rights because they limit possibilities to make the registration of rights mandatory or to find solutions for the use of orphaned works. In its recent decision in VG Bild-Kunst case, the CJEU has arguably introduced a new formality. A copyright holder who wants to exercise control over hyperlinks and framing links to their work, has to use effective technological protection measures to clarify for which public they seek to make their work available on the internet. The reason for requiring technology is to make it easier for those making links to know what links are allowed and which ones are not. However, if foreign copyright holders can invoke the prohibition of formalities and can enforce their rights against makers of links, even if they did not use technology, the goal of more clarity on permitted uses would not be achieved. This article investigates how the old prohibition of formalities relates to the proposed new uses of technology. SN - 2190-3387 UR - http://nbn-resolving.de/urn:nbn:de:0009-29-54933 ID - schellekens2022 ER -Download
Wordbib
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ISI
PT Journal AU Schellekens, M TI Framing links and the prohibition of formalities SO JIPITEC PY 2022 BP 439 EP 447 VL 12 IS 5 DE Berne Convention; Communication to the Public; implied consent; prohibition of formalities; hyperlinks; framing links AB The Berne Convention of 1886 prohibits subjecting foreign copyright holders to formalities that control the enjoyment and exercise of their rights. This has given an important impetus to the ‘international’ protection of copyrights. This century, there is increasing attention for the drawbacks of a prohibition of formalities. Formalities may make it more difficult to clear rights because they limit possibilities to make the registration of rights mandatory or to find solutions for the use of orphaned works. In its recent decision in VG Bild-Kunst case, the CJEU has arguably introduced a new formality. A copyright holder who wants to exercise control over hyperlinks and framing links to their work, has to use effective technological protection measures to clarify for which public they seek to make their work available on the internet. The reason for requiring technology is to make it easier for those making links to know what links are allowed and which ones are not. However, if foreign copyright holders can invoke the prohibition of formalities and can enforce their rights against makers of links, even if they did not use technology, the goal of more clarity on permitted uses would not be achieved. This article investigates how the old prohibition of formalities relates to the proposed new uses of technology. ERDownload
Mods
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Full Metadata
| Bibliographic Citation | Journal of intellectual property, information technology and electronic commerce law 12 (2022) 5 |
|---|---|
| Title |
Framing links and the prohibition of formalities (eng) |
| Author | Maurice Schellekens |
| Language | eng |
| Abstract | The Berne Convention of 1886 prohibits subjecting foreign copyright holders to formalities that control the enjoyment and exercise of their rights. This has given an important impetus to the ‘international’ protection of copyrights. This century, there is increasing attention for the drawbacks of a prohibition of formalities. Formalities may make it more difficult to clear rights because they limit possibilities to make the registration of rights mandatory or to find solutions for the use of orphaned works. In its recent decision in VG Bild-Kunst case, the CJEU has arguably introduced a new formality. A copyright holder who wants to exercise control over hyperlinks and framing links to their work, has to use effective technological protection measures to clarify for which public they seek to make their work available on the internet. The reason for requiring technology is to make it easier for those making links to know what links are allowed and which ones are not. However, if foreign copyright holders can invoke the prohibition of formalities and can enforce their rights against makers of links, even if they did not use technology, the goal of more clarity on permitted uses would not be achieved. This article investigates how the old prohibition of formalities relates to the proposed new uses of technology. |
| Subject | Berne Convention, Communication to the Public, implied consent, prohibition of formalities, hyperlinks, framing links |
| DDC | 340 |
| Rights | DPPL |
| URN: | urn:nbn:de:0009-29-54933 |
