Text and Data Mining: Articles 3 and 4 of the Directive 2019/790/EU
(with Christophe Geiger and Oleksandr Bulayenko) Read more about Text and Data Mining: Articles 3 and 4 of the Directive 2019/790/EU
A healthy copyright system must balance the need to provide strong economic incentives through exclusive rights with the need to protect important public interests like free speech and expression. Fair use is foundational to that balance. It's role is to prevent copyright from stifling the creativity it is supposed to foster, and from imposing other burdens that would inhibit rather than promote the creation and spread of knowledge and learning.
The Fair Use Project (FUP) was founded in 2006 to provide legal support to a range of projects designed to clarify, and extend, the boundaries of fair use in order to enhance creative freedom and protect important public rights. It is the only organization in the country dedicated specifically to providing free and comprehensive legal representation to authors, filmmakers, artists, musicians and other content creators who face unmerited copyright claims, or other improper restrictions on their expressive interests. The FUP has litigated important cases across the country, and in the Supreme Court of the United States, and worked with scores of filmmakers and other content creators to secure the unimpeded release of their work.
(with Christophe Geiger and Oleksandr Bulayenko) Read more about Text and Data Mining: Articles 3 and 4 of the Directive 2019/790/EU
in Paul Torremans, ed., Intellectual Property and Human Rights (4th edition, Kluwer Law Int’l, forthcoming 2020), 709-744 Read more about Algorithmic Enforcement Online
A few years ago, Nellie Kroes warned that because of ill-adapted laws to technological development, “every day citizens […] across the EU break the law just to do something commonplace”. According to Kroes, the Single Market “cried out” for copyright reform. Finally, the EU responded to that reform call but, unfortunately, with the wrong answer. Read more about Reforming the C-DSM Reform: a User-Based Copyright Theory for Commonplace Creativity