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Liliia Oprysk

Associate Professor
  • E-mailLiliia.Oprysk@uib.no
  • Phone+47 55 58 49 86
  • Visitor Address
    Magnus Lagabøtesplass 1
    Room 
    649
  • Postal Address
    Postboks 7806
    5020 BERGEN

I am a researcher in law with a background in both the academic and private sectors.

My academic research focuses mainly on the EU intellectual property law (in particular copyright), various aspects of digital content distribution and consumption, and digital markets. Besides intellectual property, I am interested in privacy and data protection, IT law broadly, as well as the law in the digital economy, and have been involved in projects concerning AI implementation in the public sector and robotics.

I obtained my PhD in Estonia at the University of Tartu as a part of the IT law programme with a thesis on "Reconciling the material and immaterial dissemination rights in the light of the developments under the EU copyright acquis" (available in open access here). The thesis explores the developments under the EU copyright acquis against technological advancements and the distinction drawn between material and immaterial dissemination rights, restricting the application of a general limit to exclusive rights (‘exhaustion principle’) to tangible copies of a work. I argued for a need for reconciling the approaches in respect of secondary communication which would take into account the lawfulness of the initial communication as well as competing rationales of copyright protection. To this end, a normative framework for evaluating the justifiability of extending the reach of exclusive rights beyond authorising every initial dissemination of a work is offered.

My research background is complemented by practical experience in various areas connected to technology and its implementation. I have worked in roles within IT operations and administration of server infrastructure, contract management in respect of hardware & software resources, as well as IT compliance for new technologies to be implemented both within and outside the organization.

 

Academic article
  • Show author(s) 2021. Digital Consumer Contract Law without Prejudice to Copyright: EU Digital Content Directive, Reasonable Consumer Expectations and Competition. GRUR International.
  • Show author(s) 2020. Secondary communication under the EU copyright acquis after Tom Kabinet: between exhaustion and securing work’s exploitation. Journal of Intellectual Property, Information Technology and E-Commerce Law. 200-214.
  • Show author(s) 2020. Limitations in End-User Licensing Agreements: Is There a Lack of Conformity Under the New Digital Content Directive? IIC - International Review of Intellectual Property and Competition Law.
  • Show author(s) 2017. Development of a Secondary Market for E-books: The Case of Amazon. Journal of Intellectual Property, Information Technology and E-Commerce Law.
  • Show author(s) 2016. The Forthcoming General Data Protection Regulation in the EU: Higher Compliance Costs Might Slow Down Small and Medium- sized Enterprises’ Adoption of Infrastructure as a Service. Juridica International.
Academic lecture
  • Show author(s) 2021. Digital Consumer Contract Law without Prejudice to Copyright: EU Digital Content Directive, Reasonable Consumer Expectations and Competition.
  • Show author(s) 2019. In search of flexibility under the EU copyright acquis: reconciling the approaches to material and immaterial dissemination rights.
  • Show author(s) 2019. In search of flexibility under the EU copyright acquis: reconciling the approaches to material and immaterial dissemination rights.
  • Show author(s) 2019. AI and sui generis copyright protection .
  • Show author(s) 2018. “Digital exhaustion” serving the digital markets.
  • Show author(s) 2018. The reference in C-263/18 TomKabinet case and the paradox of the CJEU’s functional equivalent approach.
  • Show author(s) 2018. Making “digital” exhaustion serve the EU Digital Single Market.
  • Show author(s) 2018. I can haz your e-book: the reference in TomKabinet case and the paradox of functional equivalent approach.
  • Show author(s) 2018. 90-ies revisited: mitigating the lack of imagination in copyright harmonisation.
  • Show author(s) 2017. Reconciling right of distribution and right of communication to the public in online environment.
  • Show author(s) 2017. Reconciling right of distribution and right of communication to the public in online environment.
  • Show author(s) 2017. Development of a Secondary Market for E-books: The Case of Amazon.
  • Show author(s) 2017. Applying copyright exhaustion to e-books // Tired but not exhausted.
  • Show author(s) 2016. The forthcoming Data Protection Regulation in the EU: Higher Compliance Costs Might Slow-Down Small and Medium Enterprises in Adopting Infrastructure as a Service.
  • Show author(s) 2016. Distinguishing between the right of distribution and right of communication to the public in the online environment.
  • Show author(s) 2016. Balancing incentives to create and public access to copyright protected works in digital age: copyright exhaustion and dissemination of literary works.
Popular scientific article
  • Show author(s) 2021. CJEU in C-597/19 Mircom: users of P2P networks might be infringing the right of making works available to the public. Immaterialrettstrollet.
  • Show author(s) 2021. CJEU in C-597/19 Mircom: users of P2P networks might be infringing the making available right if duly informed. Kluwer Copyright Blog.
  • Show author(s) 2019. Ranks aftermath, or TomKabinet reference versus reality. Kluwer Copyright Blog.
Doctoral dissertation
  • Show author(s) 2020. Reconciling the material and immaterial dissemination rights in the light of the developments under the EU copyright acquis.
Academic chapter/article/Conference paper
  • Show author(s) 2020. “Digital” Exhaustion and the EU (Digital) Single Market. 20 pages.
  • Show author(s) 2019. The CJEU Judgment in Ranks and Vasilevics: You Can Buy a Used License, but Will a Copy Follow? 6 pages.

More information in national current research information system (CRIStin)

Through professional experience in both academic and private sectors, I have gained a broad competence within the IT law and IT management fields.

My academic work focuses on the diverse legal aspects of technology and its adoption and is complemented by practical experience in IT compliance, contract management and IT operations.

 

Academic positions:

2021-present: Associate Professor, University of Bergen

2020: Postdoctoral Researcher, Max Planck Insitute for Innovation and Competition, Munich

2016-2019: Research Fellow in IT Law, University of Tartu

2017-2019: Visiting Researcher:

  • Max Planck Institute for Innovation and Competition, Munich, 2017-2018, 2019
  • University of Oslo, 2018
  • Institute for Information Law (IViR), University of Amsterdam, 2017
  • Swedish Law and Informatics Research Institute, University of Stockholm, 2017

 

Qualifications:

2020 PhD (Law), University of Tartu (Estonia)

2016 MA in Law and Technology, Tallinn University of Technology (Estonia)

2013 MA in International Law, Lviv Ivan Franko National University (Ukraine)

2012 BA in International Relations and Law, Lviv Ivan Franko National University (Ukraine)

 

Industry experience:

2020-2021: IT Compliance Manager, PwC Deutschland

2014: Contract Specialist, Itera ASA

2011-2014:  Incident, Problem and Change Management, EVRY Sverige AB

 

 

 

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