Pre-Teens and Social Media: The Copyright Angle

The use of digital platforms by teenagers is a well-documented phenomenon, characterized by two key trends: a significant increase in usage and the associated dangers, which have been addressed by various governments and organizations (OECD 2020; BIK 2020). These studies have also included pre-teens (aged 9 to 12) in their samples, revealing that pre-teens use platforms significantly less than their older counterparts—about 50% less. However, these findings only capture a fraction of the actual online behaviour of tweens and teens, as evidenced by the COX survey, which shows that 95% of tweens go online daily.

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Dans les Coulisses de la CJEU: What Country is Most Influential?

The European Court of Justice (CJEU) has long been regarded as a central player in shaping European Union (EU) law. While its decisions often appear impartial and guided by legal principles, a recent study by Favale, Kretschmer, and Torremans reveals a deeper, more complex dynamic at play. Their empirical research investigates how EU Member States influence the Court’s rulings, particularly in the field of copyright law.

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EU Copyright Jurisprudence: Rightsholder v. User

The Court of Justice of the European Union has been suspected of carrying out a harmonising agenda (e.g. making EU law more homogeneous) instead of simply interpreting EU law. Two things have been reproached to the Court, in copyright matters: 1) that it has failed to develop a coherent copyright jurisprudence (lacking domain expertise, copyright specific reasoning, and predictability); 2) that the Court has pursued an activist, harmonising agenda by using teleological (the purpose of the law) interpretation of European law rather than – less discretionary – semantic (the letter of the law) and systematic (other legislation, e.g. international treaties) legal approaches.

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Robots as the New Judges: Copyright, Hate Speech, and Platform Liability

In the digital age, the role of internet platforms has evolved dramatically, bringing with it complex legal challenges. One of the most contentious issues is the liability of these platforms for the content they host. This blog post explores the intricate landscape of platform liability, focusing on copyright infringement and hate speech, and examines the potential role of automated systems—robots—as the new judges in this domain.

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Copyright: Still Worth Protecting in the Digital Era?

The advent of the Digital Era has fundamentally transformed the landscape of copyright law. As creative works have dematerialized, shifting from physical to virtual forms, the traditional principles of copyright have been challenged. This blog post explores the philosophical, economic, and social justifications of copyright protection in the digital environment, to challenge, if possible, the assumption that the Pay-per-Use scenario made possible by digital locks can replace legislative copyright protection as we know it.

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The Digital Far West: using DRM to self-enforce Copyright

In the digital age, the balance between protecting copyright holders' rights and ensuring public access to cultural works has become increasingly complex. Digital Rights Management (DRM) systems, which include Technological Protection Measures (TPMs), are designed to enforce copyright in the digital environment. However, these systems often clash with copyright exceptions, raising concerns about their impact on user rights. This blog post delves into the challenges and potential solutions for aligning DRM with copyright exceptions, focusing on the insights from my article "Approximation and DRM: Can Digital Locks Respect Copyright Exceptions?"

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Mass Digitisation and the EnDOW Project

"Orphan works," which are works where the copyright holder is unknown or cannot be located, pose a significant challenge to the digitization and dissemination of cultural heritage material worldwide. This issue has been a priority on the copyright agenda of legislators for over a decade, leading to the EU Orphan Works Directive of 2012 and the UK Orphan Works Licensing Scheme of 2014. These laws allow cultural institutions to use certain orphan works in their collections (e.g., books, films, sound recordings). However, to determine if a work is an orphan, institutions must conduct a "diligent search" for potential rights holders. This process requires substantial effort in terms of time and expertise, which is why the directive has not fully resolved the orphan works problem.

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