A report published by the EnDOW project on the “Requirements for Diligent Search in the United Kingdom, the Netherlands, and Italy” confirms what everyone suspected all along: the diligent search mechanism set up by the Orphan Works Directive is too cumbersome to lead to useful results. Consequently, the status of works held by cultural heritage…

…and they show overwhelming support for the introduction of a mandatory copyright exception for text and data mining for both commercial and non-commercial purposes. Back in September, we launched a blog poll on the potential introduction of a mandatory text and data mining exception. We asked our blog readers their views on the following statements:…

In the September 3rd edition of Science∣Business, Julia Reda, German Pirate Party member of the European Parliament (MEP) sitting on the EP Justice Committee, was said to be confident that a mandatory text and data mining (TDM) deal could be introduced for researchers. This should come as music to the ears of the members of…

Echos from the Dutch legal and scientific communities indicate that opinions widely diverge on the topic of the imperative character of proposed article 25 fa) of the Dutch Copyright Act in situations bearing an international dimension. As discussed in my previous blogpost, this new provision would give authors of short works of science for which…

Benjamin Gibert’s report for the Lisbon Council entitled ‘The 2015 Intellectual Property and Economic Growth Index: Measuring the Impact of Exceptions and Limitations in Copyright on Growth, Jobs and Prosperity’ raised eyebrows in The Netherlands. Not that the conclusion that ‘countries that employ a broadly “flexible” regime of exceptions in copyright also see higher rates…

The Netherlands Organisation for Scientific Research (NWO), the main public funding agency in the country, has been enforcing already for a few years an Open Access (OA) policy for the dissemination of the results of the research that it finances (both publications and data). The NWO does not mandate a specific form of OA: Green…

“The results are just about as astonishing as the number of people who participated.” In our first Kluwer Blog Poll, we asked for your reaction to the two following statements regarding the implementation of Directive 2012/28/EC on certain permitted uses of orphan works: 1) whether the Directive would significantly facilitate the mass-digitization efforts of cultural…

A relatively new feature on the different Kluwer Legal Blogs (e.g. the KluwerPatentBlog and the KluwerArbitrationBlog) is the so-called legal Blog Poll. Not only because it is always nice to hear what the communis opinio is about recent developments in jurisprudence and legislative procedures or about new or revived theories and ideas, but also to…

“”The difficulty also lies in the fact that (to our knowledge) no levy system within the EU provided before Padawan for such a distinction and that the structure of the payment system did/does not lend itself easily to making such a distinction.” There’s nothing wrong with a private copying levy, the CJEU decided in SGAE/Padawan,…

Playing Catch 22 with cultural heritage is quite simple: since cultural heritage institutions hardly ever are in a position to digitize their collection because of a lack of financial resources, they obtain funding on the basis of public/private partnerships. Chances are that in return for the financial support needed for digitization, the private party will…