Hardback
Online Distribution of Content in the EU
The legal issues surrounding the online distribution of content have recently gained prominence due to the European Commission’s commitment to the Digital Single Market (DSM). This book is one of the first to provide highly topical analysis of the key legal challenges surrounding the online distribution of content, with particular focus on intellectual property rights, competition law and the regulation of new technologies.
More Information
Critical Acclaim
Contributors
Contents
More Information
The legal issues surrounding the online distribution of content have recently gained prominence due to the European Commission’s commitment to the Digital Single Market (DSM). This book is one of the first to provide highly topical analysis of the key legal challenges surrounding the online distribution of content, with particular focus on intellectual property rights, competition law and the regulation of new technologies.
Central to the book is the question of whether the Commission’s proposed legislative solutions will lead to a more coherent, or more fragmented, legal framework at both EU and member state level. Experts within the field assess how current legislation can be effectively applied and look ahead to examine how potential issues raised by emerging technologies, and the need to develop the online content market beyond the DSM proposal, can be anticipated and addressed.
Providing a well-rounded view of the subject, this book will be of interest to scholars working within copyright, competition, and consumer law as well as those researching the development of the internal market more widely. Practising lawyers and in-house counsel who work on licensing and distribution agreements within Europe will also benefit from the analysis of new DSM legislation and associated case studies.
Central to the book is the question of whether the Commission’s proposed legislative solutions will lead to a more coherent, or more fragmented, legal framework at both EU and member state level. Experts within the field assess how current legislation can be effectively applied and look ahead to examine how potential issues raised by emerging technologies, and the need to develop the online content market beyond the DSM proposal, can be anticipated and addressed.
Providing a well-rounded view of the subject, this book will be of interest to scholars working within copyright, competition, and consumer law as well as those researching the development of the internal market more widely. Practising lawyers and in-house counsel who work on licensing and distribution agreements within Europe will also benefit from the analysis of new DSM legislation and associated case studies.
Critical Acclaim
‘This book works as a great entryway for getting a clear understanding of the challenges that the DSM, as an all-round strategy on the digital ecosystem, poses in terms of copyright and other related areas, which affect creators, distributors and consumers of digital content, and which sets the path that the Commission intends to develop by creating an internal market for digital goods.’
– Mıchel Olmedo Cuevas, Journal of Intellectual Property Law & Practice
‘This book presents a unique and comprehensive perspective on online content distribution in the Digital Single Market (DSM). It goes beyond the current copyright debates and includes a highly relevant discussion on emerging technologies such as 3D design and AI generated content. It is necessary reading for anyone who is following the efforts in the European Union to adopt a Directive in this field.’
– Niklas Bruun, IPR University Center, Finland
– Mıchel Olmedo Cuevas, Journal of Intellectual Property Law & Practice
‘This book presents a unique and comprehensive perspective on online content distribution in the Digital Single Market (DSM). It goes beyond the current copyright debates and includes a highly relevant discussion on emerging technologies such as 3D design and AI generated content. It is necessary reading for anyone who is following the efforts in the European Union to adopt a Directive in this field.’
– Niklas Bruun, IPR University Center, Finland
Contributors
Contributors: A. Alén-Savikko, R.M. Ballardini, M. Cantero, K. Havu, K. He, O. Honkkila, M. Kivistö, T. Knapstad, G. Mazziotti, D. Mendis, P. Mezei, V. Moscon, M. Oker-Blom, T. Pihlajarinne, T. Roos, J. Vesala, K. Weckström Lindroos
Contents
Contents:
PART I – INTRODUCTION
1. Introduction
Taina Pihlajarinne, Juha Vesala, Olli Honkkila
PART II - COPYRIGHT AND ONLINE DISTRIBUTION – ON A PATH TO FRAGMENTATION?
2. The DSM Directive: A package (too) full of policies
Martti Kivistö
3. Linking and copyright – a problem solvable by functional-technical concepts?
Taina Pihlajarinne
4. Neighbouring rights: in search of a dogmatic foundation. The press publishers’ case.
Valentina Moscon
5. Meet the Unavoidable - The Challenges of Digital Second-Hand Marketplaces to the Doctrine of Exhaustion
Péter Mezei
6. Extended collective licensing and online distribution - prospects for extending the Nordic solution to the digital realm
Anette Alén-Savikko and Tone Knapstad
7. Liability and access to contact information: striking the balance when service is used to distribute copyrighted digital content
Katja Weckström Lindroos
PART III EMERGING TECHNOLOGIES FOR ONLINE DISTRIBUTION – MORE FRAGMENTATION IN THE FUTURE?
8. AI-generated content: authorship and inventorship in the age of artificial intelligence
Rosa Maria Ballardini, Kan He and Teemu Roos
9. Winds of change: conceptualising copyright law in a world of 3D models and 3D design files – a perspective from the UK
Dinusha Mendis
10. Different aspects of trade mark confusion with respect to distribution of CAD files in the era of 3D printing
Taina Pihlajarinne and Max Oker-Blom
PART IV - DIGITAL SINGLE MARKET, COMPETITION AND REGULATION
11. Digital single market, digital content and consumer protection – critical reflections
Katri Havu
12. Allowing online content to cross borders: is Europe really paving the way for a ‘digital single market’?
Giuseppe Mazziotti
13. Achieving a Digital Single Market for online distribution of content: when would extending the Geo-blocking Regulation be justified
Juha Vesala
14. Protecting domestic online content distribution in the EU: The impact of geo-blocking and open Internet rules on non-EU over-the-top players
Marta Cantero
15. The Internet access provider’s commercial practices under the EU rules on open Internet
Olli Honkkila
PART V – CONCLUDING REMARKS
16. Concluding remarks
Taina Pihlajarinne, Juha Vesala and Olli Honkkila
Index
PART I – INTRODUCTION
1. Introduction
Taina Pihlajarinne, Juha Vesala, Olli Honkkila
PART II - COPYRIGHT AND ONLINE DISTRIBUTION – ON A PATH TO FRAGMENTATION?
2. The DSM Directive: A package (too) full of policies
Martti Kivistö
3. Linking and copyright – a problem solvable by functional-technical concepts?
Taina Pihlajarinne
4. Neighbouring rights: in search of a dogmatic foundation. The press publishers’ case.
Valentina Moscon
5. Meet the Unavoidable - The Challenges of Digital Second-Hand Marketplaces to the Doctrine of Exhaustion
Péter Mezei
6. Extended collective licensing and online distribution - prospects for extending the Nordic solution to the digital realm
Anette Alén-Savikko and Tone Knapstad
7. Liability and access to contact information: striking the balance when service is used to distribute copyrighted digital content
Katja Weckström Lindroos
PART III EMERGING TECHNOLOGIES FOR ONLINE DISTRIBUTION – MORE FRAGMENTATION IN THE FUTURE?
8. AI-generated content: authorship and inventorship in the age of artificial intelligence
Rosa Maria Ballardini, Kan He and Teemu Roos
9. Winds of change: conceptualising copyright law in a world of 3D models and 3D design files – a perspective from the UK
Dinusha Mendis
10. Different aspects of trade mark confusion with respect to distribution of CAD files in the era of 3D printing
Taina Pihlajarinne and Max Oker-Blom
PART IV - DIGITAL SINGLE MARKET, COMPETITION AND REGULATION
11. Digital single market, digital content and consumer protection – critical reflections
Katri Havu
12. Allowing online content to cross borders: is Europe really paving the way for a ‘digital single market’?
Giuseppe Mazziotti
13. Achieving a Digital Single Market for online distribution of content: when would extending the Geo-blocking Regulation be justified
Juha Vesala
14. Protecting domestic online content distribution in the EU: The impact of geo-blocking and open Internet rules on non-EU over-the-top players
Marta Cantero
15. The Internet access provider’s commercial practices under the EU rules on open Internet
Olli Honkkila
PART V – CONCLUDING REMARKS
16. Concluding remarks
Taina Pihlajarinne, Juha Vesala and Olli Honkkila
Index
