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Abstract:
Broadcasters and other media are particularly susceptible to claims in defamation, infringements of privacy or of other interests in personality. They may be also sued for other civil wrongs (torts) such as alleged breaches of intellectual property rights or for acts of unfair competition. When such claims comprise international elements, e.g. where a broadcast causes prejudice abroad, or claimants are foreign, a country's rules on private international law decide which law governs liability. These national rules of EU member states are about to be replaced by the so-called 'Rome II' Regulation on the law applicable to non-contractual obligations. It will have great impact, not in the least because the courts of EU member states must apply the proposed rules to all international torts, regardless of the place of establishment or residence of the parties involved, or the place where the civil wrong was committed. A critical review of the rules reveals they are unlikely to bring any significant increase in legal certainty for broadcasters or the media in general. The rules for intellectual property do not accommodate the realities of a networked world. The freedom of parties to a dispute to choose the applicable law is limited. In addition, the European Parliament and Council bitterly disagree on how to tackle defamation and other infringements of personality rights.

private international law, defamation, intellectual property, personality rights, broadcast media, Rome II regulation, European Union

Abstract:
The Creative Commons model seems an attractice instrument for public sector bodies that seek to enhance transparent access to their information, be it for purposes of democratic accountability or re-use for economic or other uses. This study examined that hypothesis and highlights the major opportunities and pitfalls of the Creative Commons model for public sector information. It assesses where there is a match between the creative commons model and the principles of freedom of information law and the European Union's Public Sector Information Directive (EC Directive 2003/98 on the re-use of public sector information) as implemented in the new chapter V-A of the Dutch Freedom of Information Act (Wet Openbaarheid van Bestuur). The assessment was made not only at the more principled, abstract level, but also at the level of the individual licensing terms. It is preceded by an analysis of government information as subject of intellectual property rights, under the Dutch Copyright Act and the Database Act.

freedom of information law, copyright, public sector information, government information, open licensing, creative commons

Abstract:
In the European Union, copyright law is increasingly a matter for the European legislator. Member states retain ever less competence to regulate intellectual property rights.

This study critically examines the 'acquis communautaire' in the field of copyright and related (neighbouring) rights, focusing on the seven copyright specific directives, from the 1991 Software directive to the 2001 Information Society Directive. It also deals with distinct issues that are on the agenda of the EU: After reviewing arguments for and against the extension of the term of protection of phonograms (sound recordings), the authors conclude there is no convincing case for extending the term of protection for sound recordings and performing artists. Neither are there compelling arguments to further harmonize the term of protection of co-written musical works. The issue of 'orphan works' is one that could benefit from an EU wide solution.

Having assessed the benefits and drawbacks of the fifteen years of harmonization of copyright, the authors conclude that the European legislator should exercise restraint in further harmonization efforts at least as long as a coherent vision of the role of copyright in the EU is lacking.

The Study was commissioned by the European Commission, DG Internal Market (2006) and is available at the Institute for Information Law website.

copyright, European Union, harmonization, term extension, related rights, orphan works