SPICE Logo

1.5.6 - The right holder's authorisation in case of use of copyrighted content

ID1.5.6
TitleThe right holder's authorisation in case of use of copyrighted content
ExpertSerge Gutwirth (VUB)
Fabienne Brison (VUB)
Anna Moscibroda (VUB)
Prioritymandatory
DescriptionPrior authorisation of the right-holder is required in case of acts of reproduction (and adaptations) of works, phonograms, performances, films, and broadcast, other than temporary acts of reproduction. Temporary acts of reproduction "which are transient and incidental, which are the integral and essential part of technological process and whose sole purpose is to enable:

a). a transmission in the networks between the third parties by an intermediary, or

b). a lawful use

of a work or other subject matter to be made, and which have no independent economic significance, do not require prior authorisation. Prior authorisation is also required in case of acts of communication to the public and making available to the public of works, phonograms, performances, films, and broadcast.
RationaleRelevant to assess the lawfulness of operation of SPICE
Typenon-functional
Depends on1.5.0 - General Legal requirement-completeness and comprehensiveness of regulatory requirement is impossible.
1.5.7 - Respect for exceptions to the exclusive copyrights as provided under national laws.
Child dependencies3.3.1 - Multimodal and multi-device delivery of services
7.1.1 - Use of Metadata for Multimedia Content organization
7.1.2 - Content Flow Organization
7.2.1 - Content purchase and access
7.2.2 - Protected Content backup
7.2.3 - Overall content protection
7.2.4 - End user content protection
7.3.4 - Changing the Presentation Modality and Interactive Modality
8.1.9 - Copyright management when prototyping between multiple parties
Environment 
Other_info 
Categoryregulatory
SubcategoryContent issues
Subcategory2Copyright
Scenario_sceneunified.scene14
SPICE_value 
Demo 
Keywordscopyright;content protection;authorisation of right-holder
Home