Digital Single Market Directive Research Articles

The Spectre of Re-Fencing Off the Public Domain: Italian Copyright and Cultural Heritage Legal Scenarios

Abstract International and European Union (EU) law jointly promote cultural development as a global and cross-border value, mandating national efforts for the preservation, enjoyment, and enhancement of cultural heritage. Cultural development is also the specific objective underlying Art. 14 of the EU Copyright in Digital Single Market Directive (CDSMD), designed to ensure that works of visual arts in the public domain remain a vital source of cultural enrichment across the Union. Against this backdrop, the Italian legal system is currently showing some resistance against such legal obligations. Its transposition of Art. 14 CDSMD explicitly refers to the applicability of the Italian Cultural Heritage Code, which typically requires permission and, in many cases, a fee payment to use reproductions of works of cultural significance, notwithstanding their public domain status. Concurrently, Italian courts have engineered new forms of exclusivity over cultural heritage belonging to the public domain, ignoring copyright law and other applicable norms. The study examines the Italian legal framework on public domain cultural heritage, unveiling a significant degree of incompatibility with international and EU legal obligations. Through a literal, systematic, and teleological legal analysis, the authors unearth how the Italian legal system fails to balance norms regarding cultural heritage, copyright, and data, thus calling for coordinated EU and national interventions towards a sound application of legal rules safeguarding the public domain.

The out-of-commerce works system

A system that simplifies rights clearance now makes it possible for cultural heritage institutions in the European Union to digitise materials in their collections and legally make them available online, as long as they are not in commercial circulation. The so-called out-of-commerce works provisions, brought forward by the 2019 Copyright in the Digital Single Market Directive, builds upon previous attempts to close the “twentieth century blackwhole” and offers a promising solution.

Searching for Coordination between the EU Copyright Enforcement System and Content Portability: An Underestimated Challenge?

Portability is a multifaceted concept, standing in between data law, digital consumer law and platform regulation. Considering their different rationale, portability rules can be found in the General Data Protection Regulation (GDPR), the Digital Content Directive (DCD), the Portability Regulation (PR), and the Digital Markets Act (DMA). Throughout the years, portability evolved from a prerogative of data subjects into a content regulatory tool. Therefore, its interplay with intellectual property law became progressively more complicated. Importantly, some portability provisions have been enacted in the form of obligations to be implemented by digital platforms. In this light, the intersection between digital platform regulation and portability may raise concerns. In particular, the relationship between portability and Article 17 of the Copyright Digital Single Market Directive (CDSMD) deserves particular attention. The high liability threshold set therein, and the structural deficiencies of this provision, risk pushing providers towards hyper-deterrent strategies to avoid liability, with the collateral risk of under-implementing portability duties.

TDM copyright for AI in Europe: a view from Portugal

Abstract The development of artificial intelligence (AI) justified the introduction at the level of the European Union (EU) of a new copyright exception regarding text and data mining (TDM) for purposes of scientific research conducted by research organizations and entities responsible for cultural heritage. This exception is binding and mandatory, as Member States have to provide it in their domestic laws and it cannot be excluded by contract nor by technical measures. In addition to this exception for scientific purposes, a general TDM exception is provided, which is also binding but only applies by default, meaning that it can be excluded by contract and/or by technical measures. The default TDM exception also applies to computer programs, raising the question whether acts allowed under the Software Directive can now be excluded by contract and/or technical measures. It is far from clear whether the new regime extends or, on the contrary, restricts freedom of innovation in AI and whether and how the TDM copyright will contribute to the development of AI and encourage ‘machine learning’ in Europe. The Portuguese implementation of the new ‘TDM copyright’ has been faithful to EU law, and therefore, AI development in Portugal will be carried out under the copyright terms of the Digital Single Market Directive, which seeks a fair balance between the principle of high-level protection of rightholders, the rights and freedoms of users and the good functioning of the digital market in the EU.

“We Learn Through Mistakes”: Perspectives of Social Media Creators on Copyright Moderation in the European Union

Artists promoting their cultural production on social media platforms must navigate an algorithmic environment that involves visibility, content distribution, and growing algorithmic copyright moderation. The latter was experienced by EU-based social media creators when Article 17 of the Copyright in the Digital Single Market Directive was enforced in the EU (Directive [EU] 2019/790, 2019). This research focuses on the understanding and experiences of such creators regarding copyright content moderation of their work on social media platforms. Semi-structured interviews were conducted with 14 artists from EU countries, who were surveyed on digitization and digital access to cultural content. A multimodal framework was employed to analyze the copyright governance of creative practices and products, focusing on the regulative (i.e., the adoption of Article 17), normative (assumptions about legitimate and illegitimate behavior in specific communities), and discursive dimensions, as well as the influence of technological affordance on creative work. The findings contribute to the fields of cultural production and platform governance, as well as having policy implications. The anticipation of punishments from platforms due to copyright-related fears and the inability to use appeal processes directly influenced cultural production. Most interviewees employed self-censorship, avoidance, and content adjustment in their creative work before posting on social media platforms.

Wave-Equation Deconvolution: a Short-Period Demultiple Tool for Streamer, Obn and Land Environments

Disclaimer Text and Data Mining. Any automated analytical technique aimed at analysing text and data in digital form in order to generate information including - but not limited to - patterns, trends and correlations (so-called Text and Data Mining) may only be applied if it is done by a research organisation or cultural heritage institution solely for the purpose of (non-commercial) scientific research as mentioned in Clause 3 of Directive (EU) 2019/790 (the Digital Single Market Directive) and Clause 15n of the Dutch Copyright Act [Auteurswet]. Text and Data Mining for commercial purposes is not allowed; all rights in this respect are reserved pursuant to Clause 4 paragraph 3 of the Digital Single Market Directive and Clause 15o paragraph 1 of the Dutch Copyright Act.

Ultra-High Resolution Seismic: Applications of P-Cable in the Energy Transition

Disclaimer Text and Data Mining. Any automated analytical technique aimed at analysing text and data in digital form in order to generate information including - but not limited to - patterns, trends and correlations (so-called Text and Data Mining) may only be applied if it is done by a research organisation or cultural heritage institution solely for the purpose of (non-commercial) scientific research as mentioned in Clause 3 of Directive (EU) 2019/790 (the Digital Single Market Directive) and Clause 15n of the Dutch Copyright Act [Auteurswet]. Text and Data Mining for commercial purposes is not allowed; all rights in this respect are reserved pursuant to Clause 4 paragraph 3 of the Digital Single Market Directive and Clause 15o paragraph 1 of the Dutch Copyright Act.

The Making of a Node

Disclaimer Text and Data Mining. Any automated analytical technique aimed at analysing text and data in digital form in order to generate information including - but not limited to - patterns, trends and correlations (so-called Text and Data Mining) may only be applied if it is done by a research organisation or cultural heritage institution solely for the purpose of (non-commercial) scientific research as mentioned in Clause 3 of Directive (EU) 2019/790 (the Digital Single Market Directive) and Clause 15n of the Dutch Copyright Act [Auteurswet]. Text and Data Mining for commercial purposes is not allowed; all rights in this respect are reserved pursuant to Clause 4 paragraph 3 of the Digital Single Market Directive and Clause 15o paragraph 1 of the Dutch Copyright Act.

Correlation Between Homologous Basins in the Southern Atlantic Indicates Great Potential for the Southern Pelotas Basin In Brazil

Disclaimer Text and Data Mining. Any automated analytical technique aimed at analysing text and data in digital form in order to generate information including - but not limited to - patterns, trends and correlations (so-called Text and Data Mining) may only be applied if it is done by a research organisation or cultural heritage institution solely for the purpose of (non-commercial) scientific research as mentioned in Clause 3 of Directive (EU) 2019/790 (the Digital Single Market Directive) and Clause 15n of the Dutch Copyright Act [Auteurswet]. Text and Data Mining for commercial purposes is not allowed; all rights in this respect are reserved pursuant to Clause 4 paragraph 3 of the Digital Single Market Directive and Clause 15o paragraph 1 of the Dutch Copyright Act.

How a Multidisciplinary, Data-Driven Geoscience Approach is Required to Help Achieve the Energy Transition Goals

Disclaimer Text and Data Mining. Any automated analytical technique aimed at analysing text and data in digital form in order to generate information including - but not limited to - patterns, trends and correlations (so-called Text and Data Mining) may only be applied if it is done by a research organisation or cultural heritage institution solely for the purpose of (non-commercial) scientific research as mentioned in Clause 3 of Directive (EU) 2019/790 (the Digital Single Market Directive) and Clause 15n of the Dutch Copyright Act [Auteurswet]. Text and Data Mining for commercial purposes is not allowed; all rights in this respect are reserved pursuant to Clause 4 paragraph 3 of the Digital Single Market Directive and Clause 15o paragraph 1 of the Dutch Copyright Act.

Why CCS is Not Like Reverse Gas Engineering

Disclaimer Text and Data Mining. Any automated analytical technique aimed at analysing text and data in digital form in order to generate information including - but not limited to - patterns, trends and correlations (so-called Text and Data Mining) may only be applied if it is done by a research organisation or cultural heritage institution solely for the purpose of (non-commercial) scientific research as mentioned in Clause 3 of Directive (EU) 2019/790 (the Digital Single Market Directive) and Clause 15n of the Dutch Copyright Act [Auteurswet]. Text and Data Mining for commercial purposes is not allowed; all rights in this respect are reserved pursuant to Clause 4 paragraph 3 of the Digital Single Market Directive and Clause 15o paragraph 1 of the Dutch Copyright Act.

Synergy between Industry Intelligence and Technological Innovation to Address Our Climate Goal

Disclaimer Text and Data Mining. Any automated analytical technique aimed at analysing text and data in digital form in order to generate information including - but not limited to - patterns, trends and correlations (so-called Text and Data Mining) may only be applied if it is done by a research organisation or cultural heritage institution solely for the purpose of (non-commercial) scientific research as mentioned in Clause 3 of Directive (EU) 2019/790 (the Digital Single Market Directive) and Clause 15n of the Dutch Copyright Act [Auteurswet]. Text and Data Mining for commercial purposes is not allowed; all rights in this respect are reserved pursuant to Clause 4 paragraph 3 of the Digital Single Market Directive and Clause 15o paragraph 1 of the Dutch Copyright Act.

Reinventing subsurface operations to progress the Energy Transition

Disclaimer Text and Data Mining. Any automated analytical technique aimed at analysing text and data in digital form in order to generate information including - but not limited to - patterns, trends and correlations (so-called Text and Data Mining) may only be applied if it is done by a research organisation or cultural heritage institution solely for the purpose of (non-commercial) scientific research as mentioned in Clause 3 of Directive (EU) 2019/790 (the Digital Single Market Directive) and Clause 15n of the Dutch Copyright Act [Auteurswet]. Text and Data Mining for commercial purposes is not allowed; all rights in this respect are reserved pursuant to Clause 4 paragraph 3 of the Digital Single Market Directive and Clause 15o paragraph 1 of the Dutch Copyright Act.

독일의 저작권-서비스제공자법 (Urheberrechts-Diensteanbieter-Gesetz)의 주요 내용 분석과 시사점

Recently, some online platform regulations have been the subject of debate regarding Platform Responsibilities in the EU, U.S.A., Korea, and Japan. In 2019, the European Union introduced Article 17 of the Digital Single Market Directive that strengthens liabilities for online content-sharing services providers (OCSSP). First, in the EU, Germany enacted a new Copyright-Service Provider Act to introduce Article 17 whose directive is the OCSSPs’ direct responsibility for communicating copyright-infringing content to the public and to make their best efforts to obtain licenses from the copyright-holder to receive immunity from copyright infringement. OCSSPs must take blocking measures to prevent the continuous upload of copyright-infringing content in the future if the right-holder of the contents informs OCSSPs of the substantial information that copyright infringing content is servicing their platform. The German Act introduced some articles to respond to an overblocking measure of OCSSPs. For example, “Uses authorized by law”, “Uses presumably authorized by law”, “Minor uses”, and “Flagging of uses authorized by law” are introduced to ensure the fundamental rights of service users. In addition, OCSSPs should pay compensation to the copyright-holder and related-rights holder, if works are used for fair use. Compared to the Korean Copyright Act, OCSSPs may belong to a hosting service provider and a special type of online service provider. An obligation to obtain a license, to take notice and stay down, and to pay compensation, is necessary for debating the improvement of Korea’s online service provider immunity regulations.

Modelling and Simulating a High-Resolution High-Fidelity Model for Three Discoveries in the Måløy Slope, Norwegian North Sea

Disclaimer Text and Data Mining. Any automated analytical technique aimed at analysing text and data in digital form in order to generate information including - but not limited to - patterns, trends and correlations (so-called Text and Data Mining) may only be applied if it is done by a research organisation or cultural heritage institution solely for the purpose of (non-commercial) scientific research as mentioned in Clause 3 of Directive (EU) 2019/790 (the Digital Single Market Directive) and Clause 15n of the Dutch Copyright Act [Auteurswet]. Text and Data Mining for commercial purposes is not allowed; all rights in this respect are reserved pursuant to Clause 4 paragraph 3 of the Digital Single Market Directive and Clause 15o paragraph 1 of the Dutch Copyright Act.

Calculating Volume of Clay and/or Shale From Wireline Logs

Disclaimer Text and Data Mining. Any automated analytical technique aimed at analysing text and data in digital form in order to generate information including - but not limited to - patterns, trends and correlations (so-called Text and Data Mining) may only be applied if it is done by a research organisation or cultural heritage institution solely for the purpose of (non-commercial) scientific research as mentioned in Clause 3 of Directive (EU) 2019/790 (the Digital Single Market Directive) and Clause 15n of the Dutch Copyright Act [Auteurswet]. Text and Data Mining for commercial purposes is not allowed; all rights in this respect are reserved pursuant to Clause 4 paragraph 3 of the Digital Single Market Directive and Clause 15o paragraph 1 of the Dutch Copyright Act.

3D Demultiple Techniques Dramatically Improve the Imaging of a Giant Kashagan Reservoir in the Ultra-Shallow North Caspian Sea

Disclaimer Text and Data Mining. Any automated analytical technique aimed at analysing text and data in digital form in order to generate information including - but not limited to - patterns, trends and correlations (so-called Text and Data Mining) may only be applied if it is done by a research organisation or cultural heritage institution solely for the purpose of (non-commercial) scientific research as mentioned in Clause 3 of Directive (EU) 2019/790 (the Digital Single Market Directive) and Clause 15n of the Dutch Copyright Act [Auteurswet]. Text and Data Mining for commercial purposes is not allowed; all rights in this respect are reserved pursuant to Clause 4 paragraph 3 of the Digital Single Market Directive and Clause 15o paragraph 1 of the Dutch Copyright Act.

An Industry of Risk Appreciation

Disclaimer Text and Data Mining. Any automated analytical technique aimed at analysing text and data in digital form in order to generate information including - but not limited to - patterns, trends and correlations (so-called Text and Data Mining) may only be applied if it is done by a research organisation or cultural heritage institution solely for the purpose of (non-commercial) scientific research as mentioned in Clause 3 of Directive (EU) 2019/790 (the Digital Single Market Directive) and Clause 15n of the Dutch Copyright Act [Auteurswet]. Text and Data Mining for commercial purposes is not allowed; all rights in this respect are reserved pursuant to Clause 4 paragraph 3 of the Digital Single Market Directive and Clause 15o paragraph 1 of the Dutch Copyright Act.

Regulating Creativity Online: Proposal for an EU Copyright Institution

Abstract In 2019, the EU adopted a new copyright directive aiming to modernise the legal rules established in the 2001 InfoSoc Directive, as well as promote a better functioning ‘digital single market’ for the exploitation of creative works and other protected subject matter. However, after extensive negotiations and compromises reached at the legislative level, the ongoing implementation of the directive into national law seems to have deepened existing regulatory differences between Member States. The result of this (and past) failed attempts to approximate national copyright regimes have led to copyright being the least harmonised of all IP rights in the EU. Furthermore, legislative interventions so far have often attracted criticisms for not sufficiently taking account of public interest concerns and safeguarding fundamental rights in the offline and online world. Therefore, the time has come to consider another perspective on harmonisation: one which focuses on improving the existing institutional and regulatory arrangement for copyright in the EU by providing a new avenue for Member State cooperation in oversight, policy-building and enforcement. In recent years, particularly considering the many challenges of regulating conduct online, attention has been increasingly focussed on re-centralising certain regulatory tasks to public, independent EU level authorities. Given the growing number of cross-border enforcement issues in administering copyright in the online environment, an EU-level regulator may also be better placed to monitor the copyright-relevant activities of online platforms, centralise EU-wide dispute resolution, deliver policy advice on the future design of copyright legislation, and help coordinate Member State enforcement and regulatory practices. Such a public regulator would also likely be in a better position than private actors to guarantee a fair balance of interests and the respect of fundamental rights online, giving shape to what has recently been conceptualised as ‘digital constitutionalism’. If created, such an authority may, in the long term, help to ensure greater levels of transparency, predictability and certainty for EU copyright stakeholders participating in the online content marketplace. Centring on the premise that the established institutional and regulatory frameworks in the EU are no longer capable of promoting the goals of a modern, online copyright, this article explores a specific solution in detail: introducing a new, EU-level public regulator for copyright. Part I first evaluates the available room for manoeuvre in the existing regulatory and institutional framework for administering copyright law in the EU by examining recent trends and developments in EU institutional frameworks. The examples of the European Data Protection Board and the European Board for Digital Services in the DSA are analysed in order to identify parallels and draw inferences for a potential equivalent in the field of copyright. Part II then identifies several key aspects of the Copyright in the Digital Single Market Directive that leave important questions of regulatory design unanswered and proposes several available ‘institutional’ options to improve its implementation. The article concludes with recommendations.

Advanced Imaging Techniques Provide New Near Surface Details in 3D Seismic Exploration Data and an Application to New Energy-Related Offshore Shallow Subsurface Investigations

Disclaimer Text and Data Mining. Any automated analytical technique aimed at analysing text and data in digital form in order to generate information including - but not limited to - patterns, trends and correlations (so-called Text and Data Mining) may only be applied if it is done by a research organisation or cultural heritage institution solely for the purpose of (non-commercial) scientific research as mentioned in Clause 3 of Directive (EU) 2019/790 (the Digital Single Market Directive) and Clause 15n of the Dutch Copyright Act [Auteurswet]. Text and Data Mining for commercial purposes is not allowed; all rights in this respect are reserved pursuant to Clause 4 paragraph 3 of the Digital Single Market Directive and Clause 15o paragraph 1 of the Dutch Copyright Act.