Kamiel J. Koelman's research while affiliated with Vrije Universiteit Amsterdam and other places

Publications (7)

Article
Due to network effects, propriety rights in standards, based on either copyright or patent law, may have undesirable consequences. They may result in undue monopolies and undermine innovation. Many possible solutions have been explored for dealing with the disadvantages that ownership of standards may have. This contribution investigates an approac...
Article
By now, the so-called "three-step test" is at the core of copyright law. Under international copyright law, all exemptions to copyright and the so-called neighboring rights have to comply with this test. Some countries inserted the test in their national copyright acts. In others, judges apply the three-step test when they are in doubt whether an a...
Article
This paper addresses the questions whether technological measures and their protection contribute to the process of the so-called "commodification" of information and how they may affect the size of the "public domain." As there often is confusion about the meaning of the notions of "commodification" and the "public domain," first it is explained w...
Article
Many European countries introduced a levy scheme in order to compensate rightholders for the losses suffered through home copying. The Copyright Directive of 2001, however, appears to require them to abolish levy schemes as regards private copying that can technologically be controlled by way of DRM systems. This contribution assesses the merits of...
Article
In this contribution, it is investigated what the apparent economic policy goals are of the EU Copyright Directive of 2001. Additionally, it is explored what, according to mainstream economic theory, will be the likely result of the new regulations on copyright law. The article concludes that the Directive appears to be based on a great belief in t...
Article
In continental Europe, copyright law is traditionally viewed as a so-called 'natural' right - briefly put: it is simply right for the author to enjoy the fruits of his labor. However, socio-economic considerations are becoming more in important in European copyright doctrine. One reason for this tendency is that more and more copyright matters are...
Article
Traditions and habits shaped the music business. In the online environment, new players, some of them are peer-to-peer system providers, are entering the arena and struggling to obtain a position in the value chain. They may displace other actors who currently play a major role. The law - in particular copyright law - determines to a large extent w...

Citations

... 22 De traditionele stap-voor-stap analyse zou kunnen worden verlaten ten gunste van een globale afweging, waarin de afzonderlijke stappen slechts factoren zijn die tegen elkaar dienen te worden afgewogen. 23 De driestappentoets kan ook worden toegepast in omgekeerde volgorde, te beginnen met de flexibele test van ongerechtvaardigde schade. De stap van de normale exploitatie zou dan alleen fungeren als een waarborg tegen misbruik van evident te ver gaande beperkingen van het auteursrecht. ...
... 398-399) and becomes abundantly available (Himma, 2007). It constitutes a mass-produced good (Battelle, 2005), consumed as a commodity, rather than leveraged as a tool for personal growth of the individual or the development of democratic societies (Koelman, 2006). Information, including personal data (i.e. ...
... In theory, TPMs increase the opportunity for rights holders to price discriminate and appropriate the additional utility derived from private copying, therefore reducing the case for levies. 115 In that context, the decision not to apply TPMs could in fact translate into additional utility for consumers and should be taken into consideration in the determination of fair compensation. 116 To that effect, it has been argued that levies be phased out in function not of actual use, but market availability of TPMs. ...
... Both of these issues are not new, as both relate to the concerns raised with the deployment of technological protection measures (TPM) and digital rights management (DRM) systems, which have been criticised by many (Ginsburg, 2002;Samuelson, 2003;Erickson, 2003;Felten, 2003;Koelman, 2004) for introducing a new exclusive right over the mere access to digital content, in ways that often go way beyond the restrictions provided by default under copyright law. Yet, as opposed to these technological measures of protection, whose restrictions can nonetheless be circumvented by experienced users, in the case of cloud computing, users do not even have the ability to bypass the limitations imposed by the user interface, since they do not even have access to the files stored on the servers. ...
... The portability of copyright-protected works and other protected subject matter has also emerged in another context, as a means of materialising the primordial Digital Single Market strategy's goal of access to online content services for consumers from wherever they are located in the European 32 For the last question see: Koelman KJ (2006). 33 Bernault C (2012). ...