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Abstract:
The ability to make private copies is among the main concerns of consumers of information goods and services, as recent studies conducted among European consumers have demonstrated. What is surprising then is that this general expectation does not seem to rest on legally solid ground. European copyright law, while permitting the Member States of the European Union to provide for a private copying limitation, does not provide legal certainty as to its scope, legal status and enforceability, both in contractual relationships and in situations where private copying is impeded by digital rights management (DRM). Consumer protection law in Europe may on occasion give "teeth" to private copying limitation. However, as recent case law from courts in France and in Belgium has revealed, the application of consumer law to private copying still raises an array of difficult questions, some of which are directly connected to the law of copyright.

This article examines the intersection between copyright law and consumer law relating to private copying in Europe. In doing so, we will query the effectiveness of copyright law and consumer law as legal instruments to protect consumers in their dealings with information suppliers. Our goal is to demonstrate that while copyright law in Europe does offer a measure of comfort to consumers, the legal instruments of European consumer law are potentially more effective in achieving the freedom to make private copies that European consumers generally expect.

private copying, unfair contract terms, Digital Rights Management, copyright law, consumer law, information consumer

Abstract:
As a result of modern content management technologies, individualisation, differentiation and conditioned access step into the place of traditional models of broadcasting content. In the light of these developments, the article provides a critical analysis of the proposals that were made to revise the Television Without Frontiers Directive and to protect the right to information of the broadcasting audience. The article will show that instead of modernizing the European broadcasting framework the proposals are focused on maintaining the status quo of an analogue past. It will make an argument in favor of a more viewer-oriented approach.

Electronic access control, 'right to information', revision European Television Without Frontiers Directive

Abstract:
At the very heart of the 'code as code' discussion is the question whether rules embedded in electronic code can have, in addition to their technical function, a social or democratic function in the sense that they could replace normative rules. When commenting on the relationship between electronic code and law, Reidenberg argues that law can play several roles with respect to electronic code, namely to encourage the development of Lex Informatica, to sanction evasions of Lex Informatica and to use Lex Informatica as an effective substitute for law. In other words, the argument goes that electronic code, under certain circumstances, could be as conclusive as legal 'code.'

The goal of this paper is to examine whether and under which circumstances, intellectual property law, and more precisely copyright law, might leave room for a distinct role of electronic code in the organisation of property. This question gains an additional meaning in the light of the tense relationship between technical measures and traditional copyright law. Can controllers of electronic code introduce new, privately made rules, override existing limitations or control resources which, so far, have not been subject to intellectual property law? More specifically, the paper is interested in the potential of electronic code as an instrument for self-regulation in the internet environment. In so doing, it will display the European perspective.

Whether or not users of electronic code may override existing limitations and exceptions in copyright law - one of the prominent questions of the electronic code discussion in the copyright field - depends to a great extent on whether the development of an alternative rule system based on electronic code is desirable and legally feasible. The chapter will show that there might be a distinct 'democratic' role for electronic code, and that electronic code-rules might differ in some important aspects from contractual rules as means of self-regulation. It will also show, however, why electronic code, after all, is not such an effective substitute to realise public information policy goals in copyright law.

technological measures, self-regulation, copyright exceptions, intellectual property regulation

Abstract:
A Single European Market - Fewer barriers, more opportunities - that is Europe's promise to its citizens. According to the European Commission, the single market is all about bringing down barriers and simplifying existing rules to enable everyone in the EU to have direct access to 25 countries and 450 million people. The internet brings the accomplishment of this promise closer than ever into the reach of Europe's consumers. The internet is principally borderless, it connects consumers and businesses across Europe, it decreases transaction costs and the costs for delivery, and it facilitates the comparison of a wide range of services throughout Europe. Thanks to the internet, consumers can shop for the most attractive services and goods within Europe without ever having to leave their room. Yet, when surfing for attractive services throughout Europe, consumers also have the frustrating experience that the internet is not as borderless as they thought. Notwithstanding the principally borderless character of the internet, they find that some e-commerce businesses have actually re-introduced territorial barriers through technology. Strategies range from the plain refusal of access for residents or citizens from other member states to the application of different prices and conditions.

The goal of this briefing paper for the European Parliament is to give a first overview of the motives of e-commerce businesses to engage in territorial differentiation, to examine the existing legal situation within Europe and whether there is a need for reforms. Of particular interest in this context is the recently adopted Article 20 of the Services Directive. This is the most relevant existing European provision when it comes to dealing with cases of service providers who refuse consumers access to their services because of the consumer's nationality or residence.

single market, consumer, discrimination on grounds of nationality, European Services Directive

Abstract:
The main aim of this study is to identify the short- and long-term economic and cultural effects of file sharing on music, films and games. File sharing is the catch-all term for uploading and downloading. The short-term implications examined include the direct costs and benefits to society at large. In order to determine the long-term impact, we analyse changes in the industry’s business models as well as in cultural diversity and the accessibility of content.

file sharing, piracy, costs and benefits, economic and cultural effects, legal situation

Abstract:
The active and productive user or prosumer challenges fundamental concepts of traditional "information law", such as copyright law, audiovisual law, e-commerce law and data protection law. Information law was clearly not written with UCC in mind and a situation in which the division of tasks between "broadcasters", "publishers", " hosts" and "data controllers" is no longer self-evident. In this chapter, we examine some legal implications when applying existing information law to amateur creators and User Created Content platforms. More specifically we look at UCC in the context of copyright law, at audiovisual law and the question of UCC platforms or even individual amateur users are considered "broadcasters" in the sense of the law (with all the consequences thereof). We examine the liability of UCC platforms for user generated content under E-Commerce law, whether European data protection law is fit to protect personal data on Social Network Sites and what European contract law has to offer to guarantee the fairness of agreements between UCC platforms and users. We also make concrete suggestions for a more flexible and supportive legal environment.

The chapter is part of a larger study "User Created Content: Supporting a Participative Information Economy" for the European Commission.

User Created Content, copyright law, liability for user created content, audiovisual law, contract law, data protection, users as producers, minors

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