11. Copyright in the digital environment

2019 ◽  
pp. 274-304
Author(s):  
Andrew Murray

This chapter examines copyright issues from copying and distributing information from the internet. It considers the discussion focuses on how the internet has challenged the application and development of copyright law, considering web-copyright concerns such as linking, caching, and aggregating, citing Google Inc. v Copiepresse SCRL. It spends considerable time discussing the operation of the temporary eproduction right though key cases Infopaq International, and Public Relations Consultants Association v Newspaper Licensing Agency. The analysis then moves on to examine the communication to the public right created by the Copyright and Related Rights in the Information Society Directive, examining the application of the right through key cases such as Nils Svensson v Retriever Sverige, GS Media v Sanoma Media, and Stichting Brein v Ziggo BV.

Author(s):  
Poorna Mysoor

This chapter studies hyperlinking and how implied licence can help better understand it both when the content was placed on the internet by or with the copyright owner’s consent and when it was not. Hyperlinking enables establishing links between different webpages and is critical to enhancing the efficacy of the internet. Although scholars are still divided, courts have held that hyperlinking engages the right of communication to the public. However, the approach adopted by the courts suffers from inconsistencies. This chapter instead argues that it makes sense to regard hyperlinking as amounting to the exercise of the right of communication to the public based on a consistent interpretation, and asks whether such exercise does not infringe the right because of the licence implied on different bases.


2020 ◽  
Vol 69 (5) ◽  
pp. 489-495
Author(s):  
Ansgar Kaiser

Abstract In its Tom Kabinet decision,****See the text of the decision in this issue of GRUR International at DOI: 10.1093/grurint/ikaa041. The author wishes to thank Aaron Stumpf, Stefan Scheuerer and Laura Valtere for fruitful discussions. the CJEU took a further step in dealing with digital facts under the InfoSoc Directive. This decision on the sale of ‘second-hand’ e-books through a website has set a number of things in motion: besides distinguishing between the distribution right and the right of communication to the public, the decision also affects the exhaustion doctrine and the coherence of European copyright law. In the past few years, discussions about the so-called ‘digital exhaustion’ and related issues have increased enormously. A few days before Christmas 2019, the CJEU published its long-awaited judgment in case C-263/18, also known as Tom Kabinet, in which it decided that the sale of ‘second-hand’ e-books through a website constitutes communication to the public and therefore requires the consent of the rightholder. This opinion gives insights into why the Tom Kabinet decision was so eagerly awaited, what exactly was decided and whether the CJEU’s decision could fulfil these great expectations.


Author(s):  
T Pistorius

Digital technology has had a profound impact on copyright law. The implementation of the WIPO Copyright Treaty (WCT) and the enforcement of technological protection measures have led to disparate forms of copyright protection for digital and analogue media. The balance between authors’ rights and the right of the public to access copyright works has been distorted.  Copyright law is playing an ever-increasing crucial role in the Information Society. Developing countries are especially disadvantaged by diminished access to works. In this article it is argued that adherence to the principle of functional equivalence in implementing the anti-circumvention provisions of the WCT will ensure that the copyright balance is maintained and will advance the development agenda


2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Rialdo Rezeky ◽  
Muhammad Saefullah

The approach of this research is qualitative and descriptive. In this study those who become the subject of research is an informant (key figure). The subject of this study is divided into two main components, consisting of internal public and external public that is from the Board of the Central Executive Board of Gerindra Party, Party Cadres, Observers and Journalists. The object of this research is the behavior, activities and opinions of Gerindra Party Public Relation Team. In this study used data collection techniques with interviews, participatory observation, and triangulation of data. The results of this study indicate that the Public Relations Gerindra has implemented strategies through various public relations programs and establish good media relations with the reporters so that socialization goes well. So also with the evaluation that is done related to the strategy of the party. The success of Gerindra Party in maintaining the party’s image in Election 2014 as a result of the running of PR strategy and communication and sharing the right type of program according to the characteristics of the voting community or its constituents.Keywords: PR Strategy, Gerindra Party, Election 2014


2013 ◽  
pp. 1010-1029
Author(s):  
Galateia Kapellakou ◽  
Marina Markellou ◽  
Evangelia Vagena

The basic issue examined in this chapter is how can open access be achieved through the instrument of contracts. In the digital environment right holders have the power to restrict access to works by using restrictive contractual terms enforced by means of technical measures. As a counterbalance to the extended authority of the right holder, open access movements have appeared which express the users’ need to have open access to creative content. It is put forward that the terms used in contractual forms that have been standardized and express the ideology of open content are not always compatible with the existing copyright law contractual provisions and the way in which collective management functions.


2019 ◽  
Vol 9 (1) ◽  
pp. 103-127
Author(s):  
Irina Lock ◽  
Ramona Ludolph

The digital environment alters the way organizations use propaganda and facilitates its spread. This development calls for an outline of the features of propaganda by organizations on the Internet and to reconsider where public relations (PR) stops and propaganda begins. By means of a systematic review of primary research on organizational propaganda online, we propose a definition and describe the ‘five Ws’ of digital organizational propaganda: who employs propaganda, to whom, on which channels, which media are used (where), the objectives of the propaganda strategy (why), and in which contexts it occurs (when). Contrary to the offline setting, organizations engaging in propaganda online do not hide their identity and primarily address (potential) followers with the goal to change attitudes. Based on our findings, we propose a classification of digital organizational propaganda along three dimensions: ethical versus unethical, mutual understanding versus persuasion, and direct versus indirect communication. Digital organizational propaganda is defined as the direct persuasive communicative acts by organizations with an unethical (i.e. untruthful, inauthentic, disrespectful, or unequal) intent through digital channels. Thus, this study addresses the imbalance between the growing primary research on digital propaganda, the missing definition, and the lacking systematic empirical overview of propaganda’s digital characteristics.


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