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Category: Research

Retrospective: digital rights – background, systems, assessment

The copyright environment consists of three main aspects: rights (what can be protected by copyright) and exceptions (e.g. copies for private use or for public libraries); enforcement of rights (sanctions for making illegal copies and for trading in circumvention devices); and management of rights (exploiting the rights). In the online world, management of rights may be facilitated by the use of technical systems called digital rights management (DRM) systems. The paper sought to provide policy guidance on the use of technology at an important time.

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SWD Impact assessment on the modernisation of EU copyright rules – options to achieve the objectives (option 3 and discarded options)

Option 3 – Application of country of origin to the clearing of rights for the services covered by Option 2 and for TV and radio-like linear online transmissions (and services ancillary to such transmissions)

This option would cover, in addition to the services covered under Option 2, TV and radio-like linear online transmissions which are not linked to a broadcast but are online only transmissions (webcasting) and services ancillary to the webcast (such as catch-up and previews of the webcasts). The “country of origin” (CoO) rule would apply to such services.

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Estimating displacement rates of copyrighted content in the EU

The extent to which digital consumption of pirated materials displaces legitimate purchases is of fundamental importance for EU copyright policy design. The European Commission has commissioned Ecorys to carry out a study on the relation between online copyright infringement (digital piracy) and sales of copyrighted content. Here is the key findings.

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Australian Government Response to the Productivity Commission Inquiry into Intellectual Property Arrangements

The Government recognises the inefficiencies and uncertainty that can arise from agreements which seek to exclude or restrict legal copyright exceptions and wants to ensure that statutory rights tofairly deal with copyright material are protected.

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Mid-Term Review on the implementation of the Digital Single Market Strategy

The Commission has conducted a fact-finding exercise on platform-to-business trading practices. Preliminary results indicate that some online platforms are engaging in trading practices which are to the potential detriment of their professional users, such as the removal (‘delisting’) of products or services without due notice or without any effective possibility to contest the platform’s decision.

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SWD Impact assessment on the modernisation of EU copyright rules – options to achieve the objectives (option 2)

Application of country of origin to the clearing of rights for broadcasters’ online services ancillary to their initial broadcast

Introduce a rule providing that as concerns the licensing of rights for certain online transmissions by broadcasting organisations, the copyright relevant act takes place solely in the MS where the broadcasting organisation is established. As a result, in order to provide certain services in the Union, rights would only need to be cleared for the “country of origin” (CoO) of the broadcasting organisation (and not for the countries of reception).

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2017 report on EU customs enforcement of intellectual property rights

The annual publication of the result of customs actions at the EU external borders provides an opportunity to measure the scale of customs actions to enforce IPR. Newly published report on EU customs enforcement on IPR contains statistical information about the detentions made under customs procedures and includes data on the description, quantities and value of the goods, their provenance, the means of transport and the type of intellectual property right that may have been infringed.

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SWD Online Platforms – their characteristics

Platforms are generally known as “two-sided” or “multi-sided” markets where users are brought together by a platform operator in order to facilitate an interaction (exchange of information, a commercial transaction, etc.). In the context of digital markets, depending on a platform’s business model, users can be buyers of products or services, sellers, advertisers, software developers, etc.

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