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- Rosati, Eleonora, 1984-
(författare)
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'Algorithm Fashion': An EU Perspective on Copyright-Related Challenges to Anticipating Consumers' Spending Decisions
- 2024
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Ingår i: Routledge Handbook of Fashion Law (Routledge:2024). - : Routledge.
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Bokkapitel (refereegranskat)abstract
- Like any other commercial sector, the fashion industry is also working towards reducing the risk of ‘unsuccess’, that is decreased sales and loss of brand attractiveness and value. One way to achieve all this is by mining the large quantities of text and data that are shared daily through social media, in order to ‘understand’ consumers’ tastes and desires well before they are externalized through purchasing decisions. In other words, the goal is to anticipate such decisions. As a result, ‘algorithm fashion’ is on the rise. From a technical standpoint, however, mining processes often – though not invariably – require the undertaking of acts of reproduction of content – whether image, video, or text – that might be inter alia protected by copyright and/or related rights. As such, these processes become relevant from a copyright perspective too. This chapter considers the rise of algorithm fashion from an EU perspective, focusing in particular on the scope of the recently adopted exception or limitation for text and data mining found in Article 4 of the DSM Directive (2019/790) in order to determine whether and to what extent unlicensed mining activities may be undertaken in a commercial setting.
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- Rosati, Eleonora, 1984-
(författare)
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Assessment of the Belgian additional remuneration rights for authors and performers (Articles 54 and 62 of the Law of 19 June 2022) in light of EU law
- 2024
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Ingår i: European Intellectual Property Review.
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Tidskriftsartikel (refereegranskat)abstract
- This contribution focuses on the Belgian transposition of Directive 2019/790 (“CDSMD”). Specifically, it is concerned with assessing the compatibility of Articles 54 and 62 of Law of 19 June 2022 (“Belgian Law”) with Articles 17 and 18 CDSMD.Both Articles 54 and 62 of the Belgian Law have introduced an additional remuneration right (“ARR”) in favour of authors and performers who have transferred their rights to third parties for the communication/making available to the public of their works and performances. The former relates to uses of works and performances by online content-sharing services providers (“OCSSPs”), while the latter concerns uses by streaming services. In turn, Article 17 CDSMD governs the use of protected content by OCSSPs (as defined in Article 2, No 6 therein). Article 18 CDSMD sets forth a principle of appropriate and proportionate remuneration of authors and performers in certain cases. This opinion explains why the ARRs introduced by the Belgian legislature through Articles 54 and 62 of the Belgian Law are incompatible with inter alia the EU law provisions referred to above and, therefore, the obligations of the Belgian State as arising from its EU membership.
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- Rosati, Eleonora, 1984-
(författare)
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Branderella : Trade Marks and Fictional Characters
- 2020
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Ingår i: Propriété Intellectuelle et Pop Culture. - : LexisNexis Butterworths. - 9782956984122 - 2956984128
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Bokkapitel (övrigt vetenskapligt/konstnärligt)abstract
- Different IP rights are available for the protection of fictional characters. As far as copyright is concerned, doubts may however subsist regarding the classification of characters as self-standing works which enjoy copyright protection separate from the works in which they are contained. In addition, copyright protection is limited in time and encompasses the external appearance of such characters. Trade mark protection might thus present a certain attractiveness, due to the fact that it could be virtually perpetual and relate to elements that are not necessarily connected with the external appearance of the character. This contribution discusses why trade mark protection could and/or should be pursued, and details advantages and shortcomings of such regime under EU law. As regards the latter, it is doubtful whether trade mark registration could be effectively pursued in each and every instance, particularly on consideration of the applicability of the absolute grounds for refusal or invalidity concerning distinctiveness, public policy and morality and aesthetic functionality. In addition, the scope of protection – where available – would go only as far as allowing the trade mark owner to repress third-party uses of identical or similar signs, insofar as such uses are uses in a trade mark sense and affect the functions of the registered trade mark. All this suggests that the most effective way to protect a fictional character through IP is a comprehensive strategy that relies on different rights allowing the pursuit of different objectives of exclusivity, but is also conscious of the limitations that are inherent to each and every right.
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- Rosati, Eleonora, 1984-
(författare)
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CJEU rules that notion of ‘address’ in the Enforcement Directive is limited to one’s own postal address
- 2020
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Ingår i: Journal of Intellectual Property Law & Practice. - : Oxford University Press (OUP). - 1747-1532 .- 1747-1540. ; 15:10, s. 779-781
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Tidskriftsartikel (refereegranskat)abstract
- Court of Justice of the European Union, Case C-264/19, Constantin Film Verleih GmbH v YouTube LLC and Google Inc., EU:C:2020:542, 9 July 2020Agreeing with the Opinion of Advocate General Saugmandsgaard Øe in the same case (EU:C:2020:261), the Court of Justice of the European Union has ruled that the notion of ‘address’ in Article 8(2)(a) of the Enforcement Directive 2004/48 is limited to one’s own postal address, and does not include one’s own email and IP address or telephone number. However, since the Enforcement Directive is a measure of minimum harmonization, individual Member States are entitled to grant more extensive protection.
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