Monday, May 14, 2012
I am the editor-in-chief of a website on Intellectual Property Law called: www.IE-Forum.nl.
On the IT and Law practice I blog on the latest case law on this site, called: www.ITenRecht.nl
And the commercial advertisement industry's latest case law is to be found on www.reclameboek.nl
All these areas of law are creative, deal with the latest technology and case law is continiously developing new standards. And due to that the publishing house also has me as their conference manager: delex.nl/opleidingen-evenementen.html.
Thursday, December 9, 2010
Monday, November 1, 2010
Wednesday, October 13, 2010
PHOTO CREDITS: http://adsoftheworld.com/media/ambient/nintendo_dsi_brain_teaser by Ogilvy
Friday, September 10, 2010
(2) "Treaty on Principles Governing the Activities of Statesin the Exploration and Use of Outer Space, includingthe Moon and Other Celestial Bodies". 1/1/08. Retrieved 2/7/10.
Thursday, September 2, 2010
Sunday, August 1, 2010
Traditional websites and businesses now have the chance to see how their digital presence can be better. Since the world is being googlified / googlificated. One should not ignore this post.
Infographic by the Pay Per Click Blog (by PPC blog)
Thursday, June 17, 2010
Available per 24 June 2010
D.J.R. Sterenborg, Orphan Works. In Search of an international workable model, Ossendrecht: privately published 2010 (ISBN: 978-90-8891-185-9)
Order/E-mail me: info(a)djrsterenborg.eu
Promotion-pdf: table of contents/ chapter 1 / cover > click here
Authors personal note is possible
This is the enhanced version of the earlier published Dutch version; re-edtitted and updated according to the current status-quo and commented and edited by others.
Price (excl. international shipping): €20,-
Reduced (excl. shipping) for students or participants at conferences (where I participate): €15,-
The use of a work subject to copyright protection requires permission of the author(s) and/or right holder(s), but what if necessary information is not available? E.g. when an author/right holder is unknown? Many practical issues are about how to contact these: how can correct personal data be found from an author with a common name? And what if the author can be found, but the right holder can not be? Works that are subject to copyright protection but of which the author can not be traces nor contacted, is the issue of the so-called ‘orphan works’.
In the time of a globalized world wide (web) market, cross border situation often occur. From article 5 of the Bern Convention copyrights are protected according to the national laws of the Member of that Convention.
This publication analyses management measures and contractual models as well as legal solutions for this emerging and world wide situation. The test framework takes into account the exercise of moral and economic rights, the sufficiency of legal certainty, flexibility and the costs for the possible users, the number of participants that are involved with the rights clearance process, and if legal changes and recognition are needed and feasible. Finally the developments in how is dealt with the situation are presented.
Artwork: © 2010, DJR Sterenborg
Monday, April 5, 2010
Tuesday, March 30, 2010
Sunday, February 28, 2010
Mijn boek te koop¤
¤ UPDATE 26 maart 2010: ¤ eerste druk is uitverkocht/weggegeven via het pay-what-you-want-principe, tweede druk wordt overwogen
Price: €15 incl. VAT/BTW
E-mail me: info(a)djrsterenborg.eu
Promo-pdf: inhoudsopgave / hoofdstuk 1 / omslag
Het gebruik van een auteursrechtelijk beschermd werk vereist voorafgaande toestemming van de auteur(s) en/of rechthebbende(n), maar wat als noodzakelijke informatie niet beschikbaar is? Bijvoorbeeld als auteur/rechthebbende onbekend is? Vele praktische problemen gaan over de contacteerbaarheid van deze: hoe worden de juiste naw-gegevens gevonden van een auteur met een veelvoorkomende naam? En wat als de auteur gevonden kan worden, maar de rechthebbende niet? Auteursrechtelijk beschermde werken waarvan de auteur niet op de sporen valt en/of niet te contacteren is, is het probleem van de zogenaamde ‘orphan works’.
In een geglobaliseerde (internet)markt gaat dit vaak gepaard met grensoverschrijdende aspecten. Het auteursrecht beschermd echter - zo vloeit voort uit artikel 5 van de Berner Conventie - conform het nationaal recht van de aangesloten landen.
Dit boek analyseert zowel management en contractuele modellen als wettelijke oplossingen voor deze wereldomvattende situatie. Het toetsingskader hiervoor houdt rekening met uitoefening van de morele en economische rechten, de rechtszekerheid, flexibiliteit en de kosten voor de mogelijke gebruikers, hoeveelheid actoren die betrokken zijn bij een rights clearance proces, en of wetgevende veranderingen en erkenning noodzakelijk en haalbaar zijn. Tot slot wordt een ontwikkeling geschetst hoe met dit probleem wordt omgegaan.
. . . English version is being drafted . . .
be patient, pre-order now at the aforementioned mail address...
Working title: "Orphan Works. In search of an international workable solution"
Saturday, January 16, 2010
- the sign is new, since it has not been used for this purpose AND
- inventive, probably a skilled person would not have come up with this solution to a social-cultural problem of 'not understanding sarcasm' AND
- useful (that one is subjective and questionable), one could say it has a clear purpose, but if anyone would use it is worth a second thought, OR
- industrially applicable, one could say that the sign is to be used in digital communication.
You acknowledge that the SarcMark Software is made available to You for Your personal use only and that You may download the software onto only one computer hard drive. Commercial use of the SarcMark Software must be approved in writing by Sarcasm, Inc. and its wholly owned subsidiary New Write, LLC. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, distribute, publish, commercially exploit or create derivative works of the SarcMark Software(5).
Wednesday, October 7, 2009
Sunday, September 20, 2009
Wednesday, May 13, 2009
For that last project I answer the legal questions, mostly connected to IP Law, but also contract law. For this last project they are calling for additional web-designers who would like to cooperate on an open source, online media platform.
The call is as follows, and please forward to any one who might be interested:
Saturday, March 28, 2009
After 12 days this message was scanned by a Google Alert on "Daniël Sterenborg"
Saturday, February 21, 2009
Sunday, February 1, 2009
Lately I have been to a few conferences in The Netherlands and Belgium to get some thoughts about it. In case you are interested, click on the following links:
- CIER/Nationale Unesco Commissie Expertmeeting 9 januari 2009: Immaterieel Erfgoed, materials here.
- SURFfoundation, massadigitalisering en commissie digiti©E, on 29 januari 2009.
- De grote ontmoeting tussen Vlaanderen en Nederland - Digitalisering van erfgoed: doenbaar en betaalbaar? Antwerpen, België
Picture from Flickr.com: Creative Commons-BY-NC-SA lost-theory
Sunday, January 25, 2009
Exams are passed, results are in and - as you might have noticed - I have the degree of Bachelor of Law (LL.B.). So that is why I did had the time or inspiration to sit back and post anything on this blog.
What also happened is that I have accepted the invitation by the European Law Students' Association, sector
Music & Law
<1> The Story
The thing about music is that many people enjoy it. Whether this is classical music or pop/alternative or even hiphop music. There are all kinds of music styles, and together with that even many more musicians.
Music makes us dance, has emotions in it, is being used at different locations everywhere in the world. It makes us celebrate, mourn or makes us avoid being annoyed by any silence.
With new technologies, and more important, that these fast spreading technologies reach 'household' in a very fast way, people nowadays only need a computer and some internet infrastructure to get familiar with music. In other words we 'download' mp3-files, e.g. music, because we enjoy, because we consume, because it is accessible and because it is easy accessible.
>Note that I am repeating the argument, but not the content<
Most (at least) western state laws constitutes a freedom of expression and of information. For the European Union article 10 section 1 of the European Convention of Human Rights does apply:
"Everyone has the right to freedom of expression. This right shall include
freedom to hold opinions and to receive and impart information and
ideas without interference by public authority and regardless of frontiers.
This article shall not prevent States from requiring the licensing of
broadcasting, television or cinema enterprises."
Of course these rights can be subject to limitations, as is done with paragraph 2 of the same article. One of them can be granting a time-limited copyright for creators of a work. Copyright constituted two main exclusive rights for authors of content first to multiply and second to publish their works. This can be done in any form and in any way they like, copyright law is not prescribing nor limiting the forms.
<3> The Technology
Technology – controlled artefacts of any kind – enable people to do things they have not been able to do before the technology was introduced. And because of the huge impact and the access of artefacts/ technology, people are able to do things, they don’t even know they can, nor that they know whether this is allowed or not anyway.
In this short preview we’ll stick to the idea that this is also the case with ‘household’ to use computers (with internet access) are being used all over the world. This new technology leads to many innovative projects, non-web and especially web-based activities are booming.
<4> The Innovation
There are three cooperating stages to innovate. Technology - controlled artefacts of all kinds - enables people to do things they have not been able to do before the technology was introduced. For technology to be successful, it needs to be used by people. Without technology being used by people or being developed so more people can use it, it is doomed to be forgotten. At the final stage, the law prohibits people to use technology or applications of technology.
Dr. Pieter Kleve, has put that in a nice graphic design, an alternated version is published here (1):
So basically, with consumers on one hand and with musicians on the other hand at one medium: the internet, we have an established market. Consumers and content creators are meeting at one medium. But along with the very accessible technology development for consumers, also regular consumers can become content creators. And so where we do have numerous of possibilities to consume, share and recreate music (or even, to generalize it: culture). In term of the diagram: the circle of business administration (what people want/ need) is growing bigger, though the law might interpret the new technologies (with all its ‘open norms’) as infringement.
My lecture will concentrate three issues:
- the desired effects considering consumers and creators of culture
- the law in at least 3 countries(2)
- examples of new business models for consumers ánd content creators online. There a no need for new laws, no new interpretations of the law. There is a way that the desired effect, that technology is being used for the benefits of all of mankind, without that the law limits the effects unwanted for those who embrace it.
Hope to see you in Bonn, Germany. The lecture will be held in German, to subscribe please go to:
Wednesday, December 24, 2008
Many people were curious about the project of digitalization of (hard-copied) works. In fact with 10 million hits an hour, on 20 November 2008, the servers were not capable of providing a fast crawl over the website (1).
Europeana is the online digitalization project funded by the European Union. The project is involved in digitalization of all kinds works of art: text, images, videos and sounds.
But why is this interesting?
Firstly, since all over the world orphan works legislation pops up. And many of those legislative initiative have two things in common:
- the copyright holder are not easily be found, and
- there has to have been a diligent research.
What many people claim in the upcoming (provisional) U.S. Act is that the law automatically orphans the work of creators and one has to register to get copyright protection (2). And that private registry initiatives (that do not exist yet) are to be set up in order to protect copyrighted works.
This is by the way not really true, since many international copyright treaties will prevent that from going to a registry system, especially article 5(2) Berne Convention (3). As well that only works whereby the copyright holder is not easy to be found and so copyright holder have to become active in preventing their work to become orphans, private initiatives will probably solve this problem.
Secondly, it is interesting to see that a problem arisen from the internet is now tackled by that same medium. As David Sanger mentioned on the SAA Orphan Works Blog(4):
Even the major websites often strip metadata for performance reasons. Whatever the cause, once removed from its context and stripped of identifying data even a properly licensed, well attributed image becomes extremely difficult to trace.(5)The initiatives mentioned by the Lisa Shaftel of the Graphic Artists Guild is to prevent works from being orphaned, could be helpfull:
- register your works with the US Copyright Office.
- be sure to put you name and date of creation somewhere on all your works legibly.
- keep copies of your copyright registrations with hard copy prints of the works.
- tell your heir(s)- the person or people you will name in your will or living trust- about your works and show them where your paper files are.
- write a will or living trust.(6)
So initiatives like these have to be supported in order to prevent the problem we are facing, and eventually the problem that a digital environment created is being transferred into a progressive solution in that same environment. Since even the hardcopied world is being covered by the databases.
I see many connections with Google Book Search Project (7).
Thirdly, Interesting is also the goal of the MILE-project:
MILE (Metadata Image Library Exploitation) aims to promote European cultural heritage and make digital art more accessible by improving metadata.(8)I see many connections with Google Image Labeller project (the web 2.0 version of meta-data-adding): http://images.google.com/imagelabeler/ please contribute and do this game at least once :).
(2) http://www.gag.org/activities/advocacy_materials/Prevent%20orphan%20works.pdf, listen to http://www.eff.org/linenoise/lost-art-orphan-works
(5) David Sanger, Metadata and attribution, http://orphanworks.blogspot.com/2006/03/metadata-and-attribution.html
(6) Lisa Shaftel, National Advocacy Committee Chairperson, Project your artistic works from becoming orphans, http://www.gag.org/activities/advocacy_materials/Prevent%20orphan%20works.pdf (version: August 16, 2005), last viewed: 24 December 2008.
(8) MILE Project, http://www.mileproject.eu/
Tuesday, December 9, 2008
Monday, December 8, 2008
An orphan work is a copyrighted work where it is difficult or impossible to contact the copyright holder.(1)But, now is the second question: what aspects do I want to highlight? Do I want to compare judicial systems (if any)? Or do I want to present the current status-quo of the legislative procedure in the EU? What is wished for, what are the principles for going into debate about the solution?
Here some preliminairy preview, based on online research of three hours.
Section 77 subsection (1) of the Copyright act (2):
Owners Who Cannot be Located
77. (1) Where, on application to the Board by a person who wishes to obtain a licence to use
(a) a published work,
(b) a fixation of a performer's performance,
(c) a published sound recording, or
(d) a fixation of a communication signal
Meaning that the Copyright Board may give a license to allow the use of the orphaned work. But only if the board is satisfied with the efforts made by the applicant. They also point out that some applicants can simply use works, since it falls under the concept of fair use in American law or exception of quotation under the more EU related laws:
in which copyright subsists, the Board is satisfied that the applicant has made reasonable efforts to locate the owner of the copyright and that the owner cannot be located, the Board may issue to the applicant a licence to do an act mentioned in section 3, 15, 18 or 21, as the case may be.
This two-sentence description of a highway is not a substantial part of the 136-page long book in which it is found. Using those two sentences does not expropriate the essence or flavour of the work. Consequently, no licence is required and the application is dismissed.(3)
There will be/ is legislation in America, based on the Shawn Bentley Orphan Works Act, S. 2913.
Main thing - and this is based on some YouTube-videos (4)- all works will have to be registered to profit from the protection by law. Many Users have noted that this is will lead to the use of UGC by corporations. A nice follow-up let's say to the Web 2.0 applications. Remember the Virgin Mobile issue on flickr.com : "hey that's me! no joke. i think i'm being insulted...can you tell me where this was taken. " Maybe we will see more of this kind of usage when corporations "crowd source" the internet for creative works...
When you did not register, well then you will not have any commercial intentions with your work, but we do!!!!
(3) Copyright Board Canada, 2007-UO/TI-22 at http://www.cb-cda.gc.ca/unlocatable/other/7-b.pdf
(4) therealweeklynews, CORPORATE THEFT - THE ORPHAN WORKS BILL, at http://www.youtube.com/watch?v=CqBZd0cP5Yc
(5) Cartoon, used with fair use exception of visual quotation from: http://anti-orphan-works-act.com
(6) Photo: (c) 2008, some rights reserved, by Michael Mistretta at Flickr.com
Thursday, November 27, 2008
And now I have been searching for a new Master Thesis Theme. Since I first wanted to research if there was a right to free and accessible internet. But after some research I found out that just one year ago a Dutch student already researched it and mainly discussed the issues I wanted to put into my Master thesis(1).
So I will research what other themes I would like to research for my Master thesis. It will probably have to do with "fair use", "internet", "human rights" and/or "creativity".
I was thinking about:
- how can the "fair use" doctrine contribute to the right on information?
- how can "fair use" by applied in a digital network (comparative research American doctrine and the EU law based written exceptions)?
- what can one do with "orphan works" and how do international treaties deal with this?
- Via the Copyright acts, is the right to access to internet protected?
- Issues on Traditional knowledge: what are the current issues, what are the difficulties to overcome?
(1) for the ones interested: http://www.internetscriptieprijs.nl/, or more specifically: http://www.internetscriptieprijs.nl/downloads/scriptie_Van_Kuijk.pdf (only available in dutch).
(2) (c) 2007, photo from http://www.internetscriptieprijs.nl/ author unknown - in case you think you know or are the author, please send me a notice that includes: your full name, proof of authorship and ownership and I'll give you full credits on this blog.
Thursday, October 30, 2008
Workshop AA + S&C and IFP: click here!
Workshop STEP and IFP: click here!
Enjoy and give Credits according to the license!
Wednesday, October 22, 2008
I was shocked by the fact that more and more 'artistic works' got a creative commons license. Especially CC-licensed sounds and now even Creative Commons Design licenses. But I have taken a closer look at the Open Design movement, more specifically SomeRightsReserved.co.uk.
"Imagine being able to buy the digital blueprints to any object, being able to take it to a skilled professional and have it produced directly. Imagine instant access to quality design ideas and the means to manufacture products on demand. Imagine completely removing the middleman."(1)
So, actually designers allow people to re-create, re-use and share a copy of the design blueprint. In the kith-kin.co.uk/shop you can see that they sell blueprints, though afterwards you are free to spread the blueprints and use them as you want, as long as you respect the license and act within the legal license borders. Cool!
So I can download how I can build a chair from cart board, or easily create a rockit garden seat or even a 'street sofa'(2). The blueprint is to be downloaded for just a few pounds, and one can found what the estimated costs of creation will be.
So what people have already done with photos, making it available! In combination with what the patent system does, carefully describing how the (design) patent works with in exchange for a temporare monopoly, this can result in something interesting.
Collaborative patents often results in successfull and qualitive products, e.g. common practise is that joint R&D departments are set up in order to innovate and come to better products.
I expect that more people, individual creators, maybe small creative companies that they will not patent their inventions, though that they will use open source designs and patents in order to really innovate. What do you think about it: patents are refined, building upon each others innovations, that could really set the start of a new innovation stadium.
We'll see what the next CC Open License stage will be. Will innovative companies join this collaborative and open license for 'quasi-patents'(3)? Hopefully they move their not so innovative patents to the open license area and take the credit for it and they can focus and secure on their real innovations.
(2) http://www.kith-kin.co.uk/shop/tetris/, http://www.kith-kin.co.uk/shop/rockit/,
(3) D.J.R. Sterenborg, "Patentrecht macht dein Leben teuer", via http://www.elsa-germany.org/publikationen/inside.ELSA/de p. 9 and 10