Artificial intelligence, Copyright, frontpage
Article{Gervais2019b,
title = {Can Machines be Authors?},
author = {Gervais, D.J.},
url = {http://copyrightblog.kluweriplaw.com/2019/05/21/can-machines-be-authors/},
year = {0523},
date = {2019-05-23},
journal = {Kluwer Copyright Blog},
volume = {2019},
pages = {},
keywords = {Artificial intelligence, Copyright, frontpage},
} Copyright, EU law, Freedom of expression, frontpage, Fundamental rights, limitations and exceptions, music sampling
Article{Jütte2019,
title = {Advocate General Turns down the Music – Sampling Is Not a Fundamental Right under EU Copyright Law},
author = {Jütte, B. and Quintais, J.},
url = {https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3377205},
year = {2019},
date = {2019-05-09},
journal = {European Intellectual Property Review },
volume = {41},
number = {10},
pages = {654-657},
abstract = {In his Opinion in Pelham (C-467/17) Advocate General Szpunar suggests that the use of samples from sound recordings is not permitted under the European copyright rules. While applying an extensive interpretation of the scope of the rights of phonogram producers, he rejects an extensive interpretation of the quotation exception and limits the role of fundamental rights as external checks to copyright law. Despite its merits, there are key aspects of the Opinion that raise concerns: a too broad interpretation of the reproduction right; and an unduly strict view of copyright exceptions – especially quotation – and the role of fundamental rights in shaping the scope of copyright protection. On those points, we suggest that the Court does not follow the Opinion.},
keywords = {Copyright, EU law, Freedom of expression, frontpage, Fundamental rights, limitations and exceptions, music sampling},
} communication to the public, Copyright, duitsland, frontpage, YouTube
Article{Mil2019b,
title = {German Federal Court of Justice asks CJEU if YouTube is directly liable for user-uploaded content},
author = {Mil and J. van},
url = {https://doi.org/10.1093/jiplp/jpz034},
year = {0507},
date = {2019-05-07},
journal = {Journal of Intellectual Property Law & Practice },
volume = {14},
number = {5},
pages = {355-356},
abstract = {On 13 September 2018, the German Federal Court of Justice referred preliminary questions to the Court of Justice of the European Union, including the question whether YouTube performs acts of communication to the public when its users upload unauthorized content onto this platform.},
keywords = {communication to the public, Copyright, duitsland, frontpage, YouTube},
} Copyright, enforcement, European Union, frontpage, infringement, piracy
Article{Delinavelli2019,
title = {The EU Counterfeit & Piracy Watch List: political aims and legal challenges},
author = {Delinavelli, G.},
url = {http://copyrightblog.kluweriplaw.com/2019/03/05/the-eu-counterfeit-piracy-watch-list-political-aims-and-legal-challenges/},
year = {2019},
date = {2019-03-07},
journal = {Kluwer Copyright Blog},
volume = {2019},
pages = {},
keywords = {Copyright, enforcement, European Union, frontpage, infringement, piracy},
} business model, commercial intermediaries, Copyright, frontpage, Japan, Manga, windowing strategy
Article{Schroff2019,
title = {An alternative universe? Authors as copyright owners- the case of the Japanese Manga Industry},
author = {S. and Schroff},
url = {https://www.tandfonline.com/doi/full/10.1080/17510694.2018.1563420},
year = {0131},
date = {2019-01-31},
journal = {Creative Industries Journal},
volume = {2019},
pages = {},
abstract = {Comics today are a major business and they form the source material for a whole range of sectors in the creative industries. In an environment where major investments are necessary to turn a comic into a cross-media success, commercial intermediaries such as Disney have become the key copyright holders. By controlling the copyright, they ensure full control over all aspects of its monetisation. However, this is not the only way success can be achieved on a commercial scale. In Japan, the creators of comics (Mangaka) keep their copyright- a direct contradiction to current copyright thinking. This paper addresses this conundrum by examining both the Manga business and copyright law to identify if the reasons why copyright is not centralised in the hands of the commercial intermediary, especially the publishers. The analysis will show that while there are differences between Japan and the EU/US, but these do not affect the role of copyright law and indeed failing to acquire the rights is a choice, not a necessity. Instead, this article will highlight that the competitive Manga market in combination with the uniquely Japanese publication right and social control best explain why Mangas are successful and Mangaka keep their rights.},
keywords = {business model, commercial intermediaries, Copyright, frontpage, Japan, Manga, windowing strategy},
} compensation systems, Copyright, frontpage
Article{HandkeBodoQuintais2018,
title = {Truce in the Copyright War? The Pros and Cons of Copyright Compensation Systems for Digital Use},
author = {Handke, C.W. and Quintais, J. and Bodó, B.},
url = {https://ssrn.com/abstract=3311019},
year = {2019},
date = {2019-01-16},
journal = {Review of Economic Research on Copyright Issues},
volume = {15},
number = {2},
pages = {23-56},
abstract = {This paper discusses copyright compensation systems (CCS) -- that provide licenses for downloading and non-commercial use of copyright works in return for a fee -- in the light of welfare economics and transaction cost economics. Recent empirical studies suggest that CCS could improve social welfare at least for recorded music. The general theme of the theoretical discussion in this paper is a simplicity-flexibility trade-off. On the one hand, CCS seek to reduce the costs of administering and trading copyrights online. On the other hand, standard copyright licenses distort the market mechanism. This paper discusses the costs and benefits of various CCS proposals compared to alternative ways of managing copyright online.},
keywords = {compensation systems, Copyright, frontpage},
} Copyright, frontpage, sampling
Article{Quintais2019,
title = {Thou shalt not sample…without permission!},
author = {Quintais, J. and Jütte, B.J.},
url = {http://copyrightblog.kluweriplaw.com/2019/01/02/thou-shalt-not-sample-without-permission/},
year = {0110},
date = {2019-01-10},
journal = {Kluwer Copyright Blog},
volume = {2019},
pages = {},
keywords = {Copyright, frontpage, sampling},
} Copyright, crossing legal boundaries, cultural rights, frontpage, indigenous rights, Intellectual property, protection issues, TCEs, traditional cultural expressions, UN Declaration on the Rights of Indigenous Peoples, WIPO
Chapter{Breemen2018f,
title = {Protecting traditional cultural expressions – copyright tensions and human rights opportunities?},
author = {Breemen, J.},
url = {https://www.routledge.com/Critical-Indigenous-Rights-Studies/Corradi-de-Feyter-Desmet-Vanhees/p/book/9781138729339},
year = {0928},
date = {2018-09-28},
abstract = {The protection of traditional cultural expressions (TCEs) is not a straightforward issue. At first sight, characteristics of TCEs and their protection suggest similarity to copyright works. However, TCE protection should not be viewed as simply an (isolated) intellectual property issue. Rather, the protection of TCEs is part of a broader (political) context and struggle for rights. The chapter focuses on showing the complexity of the interrelation between copyright and indigenous peoples’ rights. It argues that a cultural and indigenous rights perspective could help address tensions deriving from differing worldviews, the application of dominant, existing legal frameworks and diverging understandings of protecting creativity and works of culture.},
keywords = {Copyright, crossing legal boundaries, cultural rights, frontpage, indigenous rights, Intellectual property, protection issues, TCEs, traditional cultural expressions, UN Declaration on the Rights of Indigenous Peoples, WIPO},
} ai, Copyright, frontpage
Article{Otero2018,
title = {Before the Singularity: Copyright and the Challenges of Artificial Intelligence},
author = {González Otero, B., and Quintais, J.},
url = {http://copyrightblog.kluweriplaw.com/2018/09/25/singularity-copyright-challenges-artificial-intelligence/},
year = {0927},
date = {2018-09-27},
journal = {Kluwer Copyright Blog},
volume = {2018},
pages = {},
keywords = {ai, Copyright, frontpage},
} blockchain, Copyright, frontpage, Licensing, smart contracts
Article{Bodó2018d,
title = {Blockchain and smart contracts: the missing link in copyright licensing?},
author = {Bodó, B. and Gervais, D.J. and Quintais, J.},
url = {https://www.ivir.nl/publicaties/download/IJLIT_2018.pdf
https://academic.oup.com/ijlit/advance-article/doi/10.1093/ijlit/eay014/5106727},
doi = {https://doi.org/10.1093/ijlit/eay014},
year = {0927},
date = {2018-09-27},
journal = {International Journal of Law and Information Technology},
volume = {2018},
number = {4},
pages = {311-336},
abstract = {This article offers a normative analysis of key blockchain technology concepts from the perspective of copyright law. Some features of blockchain technologies—scarcity, trust, transparency, decentralized public records and smart contracts—seem to make this technology compatible with the fundamentals of copyright. Authors can publish works on blockchain creating a quasi-immutable record of initial ownership, and encode ‘smart’ contracts to license the use of works. Remuneration may happen on online distribution platforms where the smart contracts reside. In theory, such an automated setup allows for the private ordering of copyright. Blockchain technology, like Digital Rights Management 20 years ago, is thus presented as an opportunity to reduce market friction, and increase both licensing efficiency and the autonomy of creators. Yet, some of the old problems remain. The article examines the differences between new, smart-contract-based private ordering regime and the fundamental components of copyright law, such as exceptions and limitations, the doctrine of exhaustion, restrictions on formalities, the public domain and fair remuneration.},
keywords = {blockchain, Copyright, frontpage, Licensing, smart contracts},
}