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The article, which summarizes key findings of my German book ‘Die Gemeinfreiheit. Begriff, Funktion, Dogmatik’ (‘The Public Domain: Theory, Func-tion, Doctrine’), asks whether there are any provisions or principles under Ger-man and EU law that protect the public domain from interference by the legisla-ture, courts and private parties. In order to answer this question, it is necessary to step out of the intellectual property (IP) system and to analyze this body of law from the outside, and – even more important – to develop a positive legal conception of the public domain as such. By giving the public domain a proper doctrinal place in the legal system, the structural asymmetry between heavily theorized and protected IP rights on the one hand and a neglected public do-main on the other is countered. The overarching normative purpose is to devel-op a framework for a balanced IP system, which can only be achieved if the public domain forms an integral part of the overall regulation of information.
On 14 September 2016, the European Commission proposed a Directive on “copyright in the Digital Single Market”. This proposal includes an Article 11 on the “protection of press publications concerning digital uses”, according to which “Member States shall provide publishers of press publications with the rights provided for in Article 2 and Article 3(2) of Directive 2001/29/EC for the digital use of their press publications.” Relying on the experiences and debates surrounding the German and Spanish laws in this area, this study presents a legal analysis of the proposal for an EU related right for press publishers (RRPP). After a brief overview over the general limits of the EU competence to introduce such a new related right, the study critically examines the purpose of an RRPP. On this basis, the next section distinguishes three versions of an RRPP with regard to its subject-matter and scope, and considers the practical and legal implications of these alternatives, in particular having regard to fundamental rights.
Given an Abelian semi-group (A, +), an A-valued curvature measure is a valuation with values in A-valued measures. If A = R, complete classifications of Hausdorff-continuous translation-invariant SO(n)-invariant valuations and curvature measures were obtained by Hadwiger and Schneider, respectively. More recently, characterisation results have been achieved for curvature measures with values in A = Sym^p R^n and A = Sym^2 Λ^q R^n for p, q ≥ 1 with varying assumptions as for their invariance properties.
In the present work, we classify all smooth translation-invariant SO(n)-covariant curvature measures with values in any SO(n)-representation in terms of certain differential forms on the sphere bundle S R^n and describe their behaviour under the globalisation map. The latter result also yields a similar classification of all continuous SO(n)-module-valued SO(n)-covariant valuations. Furthermore, a decomposition of the space of smooth translation-
invariant scalar-valued curvature measures as an SO(n)-module is obtained. As a corollary, we construct explicit bases of continuous translation-invariant scalar-valued valuations and smooth translation-invariant scalar-valued curvature measures.