De Wolf and Partners (2013)

Source Details

De Wolf and Partners (2013)
Title:	Study on the application of Directive 2001/29/EC on copyright and related rights in the information society
Author(s):	Triaille, J.P., Dusollier, S., Depreeuw, S., Hubin, J.B. and De Francquen, A.
Year:	2013
Citation:	Triaille, J.P., Dusollier, S., Depreeuw, S., Hubin, J.B. and De Francquen, A., 2013. Study on the application of Directive 2001/29/EC on copyright and related rights in the information society. InfoSoc Directive.
Link(s):	Definitive
Key Related Studies:	De Wolf & Partners (2014a) De Wolf & Partners (2014b)
Discipline:	L82: Entertainment • Media L86: Information and Internet Services • Computer Software O34: Intellectual Property and Intellectual Capital
Linked by:

About the Data
Data Description:	The Study concentrates on 11 countries (Germany, France, UK, Italy, Spain, Poland, Denmark, Hungary and the Benelux countries). It was carried out mainly as a desk research of accessible sources and verified by national experts in the countries under examination.
Data Type:	Secondary data
Secondary Data Sources:	Dusollier (2010) Hugenholtz (2013)
Data Collection Methods:
Data Analysis Methods:
Industry(ies):	Creative, arts and entertainment Film and motion pictures Television programmes Sound recording and music publishing Computer programming
Country(ies):	Germany France UK Italy Spain Poland Denmark Hungary Belgium Luxembourg Netherlands
Cross Country Study?:	Yes
Comparative Study?:	No
Literature review?:	No
Government or policy study?:	Yes
Time Period(s) of Collection:	2013
Funder(s):	European Commission

Abstract

The Study comprises an assessment of the extent to which the implementation of the Directive 2001/29/EC (“the InfoSoc Directive”) is appropriate to the economic and technological realities of digital markets and has as its objective to evaluate whether and, if so, to what extent, further harmonisation in some areas of copyright is needed in order to enable the EU to capitalise on the opportunities of a digital single market. It takes into account the numerous and recent important decisions taken by the Court of Justice of the European Union (CJEU) and national courts since the last implementation report on the InfoSoc Directive, completed in 2007.

Policy Implications as Stated By Author

The Study analyses two localisation criteria (country of origin principle and place of the exploitation of the work) and assesses their consequences on the issues of conflict of laws, authorship, transfer of rights and reproduction right: Country of origin. This approach localises the act of making available in one single Member State (“country of origin”). It is reminded however that the country of origin principle may be interpreted in various ways (cf. several European directives with a “country of origin” principle). Applied to the making available right, the country of origin principle could localise the protected act either in the country where the act of upload takes place or in the country where the uploader is established. It is then verified whether this approach would provide a satisfactory answer to the bottlenecks identified in the first part. It is concluded that the country of origin principle solves some but not all the bottlenecks and that it may generate new bottlenecks with regard to the applicable law. Exploitation/targeting. The second criterion proposed to localise the making available right is based on an exploitation approach. According to this criterion, the act of making available is localised in each country where a public is targeted. The outcome of such proposal is to reduce the number of countries where the making available right may potentially be localised (the mere accessibility of the work in a country is not a relevant criterion anymore).

Coverage of Study

Coverage of Fundamental Issues

Issue	Included within Study
Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare
Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)?
Harmony of interest assumption between authors and publishers (creators and producers/investors)
Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption)
Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)

Coverage of Evidence Based Policies

Issue	Included within Study
Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right)
Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction)
Mass digitisation/orphan works (non-use; extended collective licensing)
Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability)
Fair remuneration (levies; copyright contracts)
Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Datasets

Sample size:	11
Level of aggregation:	Countries
Period of material under study:	2013