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|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.
PART I – 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
3. Linking and copyright – a problem solvable by functional-technical concepts?
4. Neighbouring rights: in search of a dogmatic foundation. The press publishers’ case.
5. Meet the Unavoidable - The Challenges of Digital Second-Hand Marketplaces to the Doctrine of Exhaustion
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
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
12. Allowing online content to cross borders: is Europe really paving the way for a ‘digital single market’?
13. Achieving a Digital Single Market for online distribution of content: when would extending the Geo-blocking Regulation be justified
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
15. The Internet access provider’s commercial practices under the EU rules on open Internet
PART V – CONCLUDING REMARKS
16. Concluding remarks
Taina Pihlajarinne, Juha Vesala and Olli Honkkila