Copyright
Short Reporting Rights in Europe: European Legal Rules and their National Transposition and Application
Published: 01/06/2012
This IRIS plus explains how the so-called right to short reporting affects the legal positions and business models of exclusive rights holders and how much scope the European provisions allow the various transposition models. More
Determining the Term of Protection for Films: When Does a Film Fall into the Public Domain in Europe?
Published: 01/03/2012
This IRIS plus examines the European legal framework for determining the length of intellectual property rights protection for cinematographic and audiovisual works as well as certain problems of its transposition into national law. More
Fighting Internet Piracy in Russia: the Legal Framework and its Development
Published: 01/01/2012
Focusing on Russia, this IRIS plus illustrates the dimension of the piracy problem. It explains the current legal framework of which state institutions in Russia dispose to combat piracy and how courts apply it in practice. The article underlines that in particular the liability of access and hosting services remains an issue, especially in the context of video content posted on the Internet. It also looks into arguments on how to improve anti-piracy measures and in particular how to work towards solutions that take the global dimension of piracy into account. More
Private Copying Levies at the Crossroads
Published: 01/06/2011
This IRIS plus sheds light on the roots and current regulation of private copying levies. In particular it addresses the question of how to respond to the increase of private copying triggered by the digital means of reproduction and distribution. Do we need a new rule for digital reception devices to compensate rightsholders? Looking at the same problem from a different angle, the lead article also investigates various ways of how to deal with file-sharing. Can/should it be legalized at the price of fair compensation? More
The Legal Protection of Broadcasters
Published: 01/10/2010
This IRIS plus considers whether the protection of broadcasting rights is adequately regulated for broadcasters in the current context, which is characterised by the advantages and disadvantages of digital technology. What does it all mean for authors and holders of copyright-related rights? What conflicting interests must be taken into account? What different scenarios are there and what legal developments? More
SatCab Revisited: The Past, Present and Future of the Satellite and Cable Directive
Published: 01/08/2009
In this article, Bernt Hugenholtz explores not only the history, goals and application of the Satellite and Cable Directive but also the question of how its future might look like. More
An Introduction to Music Rights for Film and Television Production
Published: 01/05/2009
More often than one might expect, basic issues concerning music rights are unknown territory for producers of music works, film composers and musicians. Reading this IRIS plus is a first step towards understanding the complex legal matter. More
Filtering the Internet for Copyrighted Content in Europe
Published: 01/03/2009
One issue that has been frequently discussed in the IRIS plus series is the unauthorised supply of copyright protected works via the Internet. The resulting threat of copyright infringements could, at least partly, be prevented through the use of Internet filters, an option that forms the subject of this latest edition of IRIS plus. More
The Legal Status of the Producer of Audiovisual Works in the Russian Federation
Published: 01/02/2009
This IRIS plus describes important rules of Russian copyright law, focusing on the legal status of the producer of audiovisual works. More
Progress in the Must-offer Debate? Exclusivity in Media and Communication
Published: 01/10/2008
This IRIS plus looks at the various dimensions of exclusivity in media and communication. This IRIS plus considers the current debate on whether the obligation to transmit (must-carry) certain content should be replaced or at least supplemented by an obligation to offer such content (must-offer). The first legislative steps have already been taken in this direction. The article examines this question particularly with regard to the assessment under competition law of such a paradigm change, but also in view of the tension between competition law and copyright law. More
User-Generated Content Services and Copyright
Published: 01/05/2008
This IRIS plus looks at the EU and US American copyright framework concerning UGC and how it has translated into case law. Suspecting that neither the pending revision of the relevant EU e-commerce Directive nor further court decisions might settle the matter entirely, the article also explores other options for improving the relationship between UGC providers and copyright owners. More
Media Windows in Flux Challenges for Audiovisual Media Chronology
Published: 01/04/2008
This IRIS plus does not deal with economic considerations, but with the legal framework on which an economic strategy, however it is chosen, must be built. The author begins by explaining how rules on media chronology have developed. On this basis, it is easy to see who defines the media windows according to which rules and why there are different models. The author also points out that media windows can have competition law implications that extend beyond the question, "Who gets which window?" More
Transformation of Authors' Rights and Neighbouring Rights in Russia
Published: 01/02/2008
In this IRIS plus Dmitry Golovanov gives a clear albeit colourful picture of the problems, development and current situation of the institution of Russian copyright law. More
Online Games from the Standpoint of Media and Copyright Law
Published: 01/10/2007
It is clear from this edition of IRIS plus that an unambiguous legal framework for online games has yet to be established, so these issues will remain topical. Paul Göttlich's article also usefully documents the rules that definitely can be applied to online games already. More
Audiovisual Archives and the Inability to Clear Rights in Orphan Works
Published: 01/04/2007
This article will examine and evaluate solutions which could possibly be introduced at European or national level to overcome the rights clearance issues caused by the orphan works problem. More
Digital Rights Management Systems (DRMs): Recent Developments in Europe
Published: 01/02/2007
This article provides an overview on recent developments concerning DRMs in Europe, with the aim of bringing some clarity to the relevant legal issues. More
The Position of Broadcasters and Other Media under "Rome II" Proposed Regulation on the Law Applicable to Non-contractual Obligations
Published: 01/11/2006
This IRIS plus explores in full detail the background, objectives and rules of the envisaged "Rome II" Regulation on non-contractual obligations. More
Cultural and Regional Remits in Broadcasting
Published: 01/08/2006
This edition of IRIS plus explores how broadcasters' remits may be closely bound up with culture and geography. In particular, the following article focuses on legal stipulations about respect for culture and territorial specificities, which have been the subject of transnational or regional agreements. More
Protection of Minors from Harmful Information in the Law of Post-Soviet States
Published: 01/06/2006
The angle chosen in this IRIS plus is to inform about the difficulties of establishing standards, procedures and justified limits to the right to information in countries with a more recent tradition of free mass media and the challenges they pose for protecting the youth. More
Digital Rights Management from a Consumer's Perspective
Published: 01/08/2005
This IRIS plus deals with DRM from the consumer's perspective in an effort to enhance people's understanding of this aspect of DRM. More