scholarly journals Liability of CLARIN Centres as Service Providers: What Changes with the New Directive on Copyright in the Digital Single Market?

Introduction ◽  
2020 ◽  
Author(s):  
Pawel Kamocki ◽  
Erik Ketzan ◽  
Julia Wildgans ◽  
Andreas Witt
Keyword(s):  
Service Providers ◽  
Single Market

scholarly journals Digital Single Market: a long way to go

2018 ◽  
Author(s):  
Viola Elam
Keyword(s):  
Service Providers ◽  
Single Market ◽  
Digital Environment ◽  
Market Strategy ◽  
Origin Principle ◽  
Legislative Proposals ◽  
Exceptions And Limitations ◽  
Near Future ◽  
Legislative Measures ◽  
The Eu

This paper provides an overall assessment of recent initiatives devised by the European Commission as part of the Digital Single Market Strategy (“DSMS”) and beyond. A connecting thread running through various policy documents and legislative proposals is the principle of copyright territoriality. Copyright’s territorial nature is identified as a great hindrance to the establishment and smooth functioning of an internal market for digital content and services, since it contributes to the cumbersomeness of rights clearance, territorial exclusivity and geo-blocking practices. Nonetheless, the initial policy options, geared towards a substantial erosion of copyright territoriality, have not been articulated in concrete legislative measures. The Commission has finally opted for a considerably less ambitious approach, which purports to mitigate some minor side effects of territoriality. The proposal seeking to mandate full accessibility of content across the EU was watered down to accommodate concerns expressed by the majority of stakeholders in the creative industry. The efforts to tackle geo-blocking are not addressed to providers of audio-visual content and copyright-protected works. The extension of the “country of origin” principle is limited to services ancillary to broadcasts. Likewise, cross-border “portability” of content does not offer a real solution to dismantling national barriers in the European digital environment. Hence, copyright will remain territorially grounded and a full integration of markets for creative content will not become a reality, at least in the near future. This paper discusses the potential lack of continuity between the overarching aims expressed in the DSMS and subsequent legislative steps, and criticises the use of terminology leading to legal uncertainty. The newly introduced neighbouring right for press publishers might represent an additional source of territorial fragmentation. The (general monitoring) obligation imposed on information society service providers requires strict scrutiny. This paper, however, values the adoption of regulations, entailing a deeper level of harmonisation, and the provision of mandatory exceptions and limitations

Article 15—Protection of Press Publications Concerning Online Uses

2021 ◽  
pp. 250-294
Author(s):  
Eleonora Rosati
Keyword(s):  
Member State ◽  
Information Society ◽  
Service Providers ◽  
Single Market ◽  
Access To Information ◽  
Online Services ◽  
Wide Availability ◽  
Media Monitoring ◽  
Copyright Directive

This chapter explores the protection of press publications concerning online uses, which is outlines in Article 15 of Directive 2019/790, the European copyright directive in the Digital Single Market. It talks about publishers of press publications established in a Member State with that have the rights for the online use of their press publications by information society service providers. It also clarifies that authors of works incorporated in a press publication may receive an appropriate share of the revenues that press publishers receive for the use of their press publications by information society service providers. The chapter describes a free and pluralist press that is essential to ensure quality journalism and citizens' access to information. It examines the wide availability of press publications online that has given rise to the emergence of new online services, such as news aggregators or media monitoring services.

scholarly journals Online content sharing service providers’ liability in the directive on copyright in the Digital Single Market

2020 ◽  
Vol 6 (1) ◽  
pp. 100-114
Author(s):  
Isabel Espín Alba
Keyword(s):  
Service Provider ◽  
Service Providers ◽  
Digital Technologies ◽  
Single Market ◽  
Online Content ◽  
Content Sharing ◽  
The Way

Digital technologies have transformed the way creative content protected by copyright is created, produced, distributed and accessed. The Directive on Copyright in the Digital Single Market aims to update copyright rules, taking into account changes in these paradigms. Of all the aspects of the reform, this paper critically analyses the content of Article 17, in order to deal with the so-called value gap that forced a change in the liability regime of the online content sharing service provider.

Whole-of-Enterprise Approach to Government Architecture Applied for Implementing a Directive of EU

2012 ◽  
pp. 247-261
Author(s):  
Ivo Velitchkov
Keyword(s):  
European Union ◽  
Service Providers ◽  
Single Market ◽  
The European Union ◽  
Online Services ◽  
Government Services ◽  
Target State ◽  
Analytical Results ◽  
Government Project ◽  
Administrative Procedures

Sustainable benefits of EA efforts could only be realised if all structures and behaviour are taken into account together with their drivers and controls. This chapter tells the story of an e-Government project in Bulgaria where a whole-of-enterprise approach was applied to identify together legal, organizational, and technological measures related to achieving compliance with a new regulation and improvement of a set of e-Government services. One of the main objectives of the project was to discover the potential for simplification of administrative procedures for authorisation of service providers in line with a new regulation in the European Union supporting realisation of a single market of services. The obtained analytical results and the defined target state were not limited to improvement of online services but included pertinent legislation harmonisation and other non-IT related changes. The applied agile EA approach helped with completing the project within 6 months and realising results exceeding its scope.

Article 30—Review

2021 ◽  
pp. 416-416
Author(s):  
Eleonora Rosati
Keyword(s):  
Service Providers ◽  
European Parliament ◽  
Single Market ◽  
Online Content ◽  
European Economic ◽  
The Public ◽  
Content Sharing ◽  
The Impact ◽  
Copyright Directive ◽  
Annual Turnover

This chapter talks about Chapter 30 of Directive 2019/790, a copyright directive of the Digital Single Market in Europe. It mentions the plan of the Commission to carry out a review of this Directive and present a report on the main findings to the European Parliament, the Council, and the European Economic and Social Committee on 7 June 2026. It also mentions the assessment of Commission on 7 June 2024 of the impact of the specific liability regime set out in Article 17 of Directive 2019/790 regarding online content-sharing service providers that have an annual turnover of less than EUR 10 million. The chapter cites services that have been available to the public in the Union for less than three years under Paragraph 6 of Article 17. It reminds Member States to provide the Commission with the necessary information for the preparation of the report that will be presented on 7 June 2026.

Article 17—Use of Protected Content by Online Content-sharing Service Providers

2021 ◽  
pp. 301-359
Author(s):  
Eleonora Rosati
Keyword(s):  
Subject Matter ◽  
Service Provider ◽  
Service Providers ◽  
Single Market ◽  
Public Access ◽  
Communication To The Public ◽  
Online Content ◽  
The Public ◽  
Content Sharing

This chapter describes Article 17 of Directive 2019/790, a copyright order in the Digital Single Market, which talks about the use of protected content by online content-sharing service providers. It talks about an online content-sharing service provider that can perform an act of communication to the public or an act of making available to the public when it gives the public access to copyright-protected works or other protected subject matter uploaded by its users. It also outlines how an online content-sharing service provider can obtain an authorisation from the rightholders by concluding a licensing agreement. The chapter analyzes the performance of an online content-sharing service provider of an act of communication to the public or an act of making available to the public under the conditions laid down in Directive 2019/790. It highlights how online content-sharing service providers will be liable for unauthorised acts of communication to the public if no authorisation is granted.

scholarly journals Derogation from Copyright Protection Based on the Implementation of Freedom of Information and of Media. Notes on the Judgement of the European Court of Justice of 29 July 2019 in the Proceedings between Funke Medien NRW GmbH and Bundesrepublik Deutschland

2019 ◽  
Vol 28 (3) ◽  
pp. 117
Author(s):  
Grzegorz Tylec
Keyword(s):  
Public Discourse ◽  
Service Providers ◽  
Freedom Of Expression ◽  
Single Market ◽  
European Court Of Justice ◽  
Freedom Of Information ◽  
Bundesrepublik Deutschland ◽  
Court Of Justice ◽  
Internet Users ◽  
European Court

<p class="c02alineaalta">Public discussion in 2018, concerning the European Parliament, passing the Directive on copyright and related rights in the Digital Single Market, in the public discourse referred to as ACTA 2, evoked huge social emotions. The source of the conflict were two colliding values: the need to protect copyright and to ensure economic interest of authors and freedom of expression (freedom of the Internet), particularly important for users of works and Internet users. The decisions of the European Court of Justice, given on 29 July 2019 in the proceedings between Funke Medien NRW GmbH and Bundesrepublik Deutschland and the coincident decision in the case <em>Spiegel Online GmbH vs Volker Beckow</em>, deals with the above-given conflict of values. This article provides a description of the main arguments of the above-mentioned judgements of the ECJ and points at their consequences in the scope of changing the current interpretation of the provisions of copyright. The article also contains remarks on the influence of these decisions and their consequences for the disabling of content by providers of content-sharing service providers which violates freedom of expression considering the new Directive of 17 April 2019. The author presented arguments confirming that the Directive (EU) 2019/790 of 17 April 2019 on copyright and related rights in the Digital Single Market and the new way of interpreting copyright rules provided by the judgements of the ECJ has significantly changed the hitherto may of perceiving the rules of permissible use of works.</p>

scholarly journals European Retail Payments Market: New Opportunities to Mergers and Acquisition Transactions

10.3846/150 ◽  
2011 ◽  
Vol 1 (3) ◽  
pp. 42-45 ◽  
Author(s):  
Lina Novickytė
Keyword(s):  
Service Providers ◽  
Single Market ◽  
The Other ◽  
Third Party ◽  
The Third ◽  
Provision Of Services ◽  
European Banks ◽  
The Cost ◽  
Retail Payments ◽  
Mergers And Acquisition

Most of European banks will not be able to allocate funds successfully participating in the SEPA. Some of them have to look for opportunities to reduce the cost in collaboration with other institutions in the execution of the payment or provision of services to carry out transmission of the third party. The other part will have to find a merger partner. In future there can be more active participants in the market lead to acquisitions. In order to assess possible changes in the payment market, noted that its participants – service providers – consolidation will be inevitable. The assessment of the Lithuanian bank sector shows that banks with the parent banks that invest and develop the activities of subsidiaries of banks, are likely to remain in the market. However, banks that are not ready to participate and get involved in a single market, will be taken over or disappear.

A Constitutional-Driven Change of Heart: ISP Liability and Artificial Intelligence in the Digital Single Market

2019 ◽  
pp. 237-264
Author(s):  
Oreste Pollicino ◽  
Giovanni De Gregorio
Keyword(s):  
Artificial Intelligence ◽  
Service Providers ◽  
Content Management ◽  
Single Market ◽  
Fundamental Rights ◽  
Third Party ◽  
Online Content ◽  
Decision Making Processes ◽  
Liberal Approach

The role of online intermediaries has changed since the adoption of the e-Commerce Directive in 2000. The implementation of artificial intelligence technologies in online content management has challenged the original passive role of online service providers in relation to third-party content. As a result, the EU strategy has shifted from a liberal approach to ensure the development of new digital services without overwhelming ISPs of monitoring and removal obligations to the regulation of online content management activities. The threats for fundamental rights deriving from opaque decision-making processes of online content have overcome the traditional narrative of ISPs’ freedom to conduct their business. The result of this process has led to a new regulatory phase within the framework of the Digital Single Market strategy.

Perceptions of a Collaborative Professional Learning Program: Seeing the “Bigger Picture”

2020 ◽  
Vol 5 (1) ◽  
pp. 290-303
Author(s):  
P. Charlie Buckley ◽  
Kimberly A. Murza ◽  
Tami Cassel
Keyword(s):  
Data Analysis ◽  
Professional Learning ◽  
Social Communication ◽  
Special Educators ◽  
Service Providers ◽  
Integrative Approach ◽  
Theory Approach ◽  
Learning Program ◽  
Speech Language Pathologists ◽  
Related Service

Purpose The purpose of this study was to explore the perceptions of special education practitioners (i.e., speech-language pathologists, special educators, para-educators, and other related service providers) on their role as communication partners after participation in the Social Communication and Engagement Triad (Buckley et al., 2015 ) yearlong professional learning program. Method A qualitative approach using interviews and purposeful sampling was used. A total of 22 participants who completed participation in either Year 1 or Year 2 of the program were interviewed. Participants were speech-language pathologists, special educators, para-educators, and other related service providers. Using a grounded theory approach (Glaser & Strauss, 1967 ) to data analysis, open, axial, and selective coding procedures were followed. Results Three themes emerged from the data analysis and included engagement as the goal, role as a communication partner, and importance of collaboration. Conclusions Findings supported the notion that educators see the value of an integrative approach to service delivery, supporting students' social communication and engagement across the school day but also recognizing the challenges they face in making this a reality.

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