The politics of the digital single market:Culture vs. competition vs. copyright

This paper examines the implications for European music culture of the European Union’s Digital Single Market strategy. It focuses on the regulatory framework being created for the management of copyright policy, and in particular the role played by Collective Management Organisations (or Collecting Societies). One of the many new opportunities created by digitalization has been the music streaming services. These depend on consumers being able to access music wherever they are, but such a system runs counter to the management of rights on a national basis and through collecting organisations who act as monopolies within their own territories. The result has been ‘geo-blocking’. The EU has attempted to resolve this problem in a variety of ways, most recently in a Directive designed to reform the CMOs. In this paper, we document these various efforts, showing them to be motivated by a deep-seated and persisting belief in the capacity of ‘competition’ to resolve problems that, we argue, actually lie elsewhere - in copyright policy itself. The result is that the EU’s intervention fails to address its core concern and threatens the diversity of European music culture by rewarding those who are already commercially successful

Occurrence of barley pathogenic Pyrenophora species and their mating types in Hungary

Net blotch and leaf stripe caused by Pyrenophora teres and P. graminea, respectively, are two major foliar diseases of barley. These two species are able to infect wheat, too. The species composition of these pathogens was examined, for the first time, in four different regions of Hungary in 2006–2010. Altogether 204 isolates were obtained from 99 winter barley, 55 spring barley and 50 wheat leaf samples collected in commercial fields and experimental stations, and species assignment was carried out using species-specific PCR reactions. Most isolates belonged to P. teres f. teres (68%), 26% to P. teres f. maculata and only 6% of the isolates were assigned to P. graminea. Interestingly, all but one of the P. graminea isolates came from the western part of Hungary, while both forms of P. teres occurred in each region. The distribution of mating type genes was also examined in 144 isolates. The overall ratio of MAT1 and MAT2 genes in P. graminea, P. teres f. maculata and P. teres f. teres was 5:3, and close to 2:1 and 1:1, respectively. Both MAT1 and MAT2 isolates of each fungal species/form were distributed in almost all regions over several years, indicating a high potential for sexual outcrossing within local populations of these pathogens. Our survey may be helpful to determine priorities in disease resistance breeding programs. Further studies are in progress to examine the population structure of the most abundant pathogen P. teres f. teres

Striking a fair balance between the protection of creative content and the need to foster its dissemination : The challenges posed by Internet linking and meta search engines

In recent years, the ability to make available, locate and access copyright protected content over the Internet has increased considerably. Some business models are directly aimed at linking or locating content already made available by other services. Such business models may create value for end users by making it easier to locate and find content on the Internet, but at the same time, they may be deemed to appropriate value from the rightholders or their service providers. In some cases, this has led to tensions and even litigations between the providers of these new business models and the rightholders or their service providers. These tensions are reflections of the underlying policy concerns inherent in the field of copyright law on the necessity to strike a fair balance between the protection of creative content and measures to foster its dissemination. This article will discuss, analyse and draw conclusions from two recent cases from the Court of Justice of the European Union on Internet linking and meta search engines, Svensson and Others and Innoweb, and relate them to the underlying policy concerns in copyright law

Online Exhaustion and the Boundaries of Interpretation

It is a common perception that copyright has been struck by a serious crisis of legitimacy. This crisis can be traced to a variety of causes, but the main one would seem to lie in the (over)protectionist drift by which copyright legislation has been affected, and which has led to a radical shift in the balance of interests that has been achieved over time. However, the balancing of interests is not an activity exclusively entrusted to lawmakers, for it also involves judges and legal scholars. This essay explores the ability of the three \u201clegal formants\u201d to ensure that the EU copyright regulatory framework stays fit for purpose in the digital environment by referring to the widely debated question as to whether the digital marketplace is an appropriate context in which to expand the principle of exhaustion of the distribution right. In the first place, a few considerations on the interests protected by the principle of exhaustion are proposed, arguing that there is no reason why this principle should become any less necessary in the online distribution. In the second place, it is considered the way lawmakers and judges have addressed the question of whether and under what conditions a principle of online exhaustion can be recognized. In the third place, it is discussed how some solutions based on a nonformalistic and nontextualist interpretation of the norms can make it possible to overcome the objections that have so far prevented the principle of online exhaustion from being recognized for digital works other than computer programs