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The author analyses the digital exhaustion of the distribution right and its application in the EU copyright law. In the first part, the author presents the conditions for the digital exhaustion of the distribution right and overviews the main sources regulating exhaustion, from which the main problem related to the exhaustion of the distribution right of separation of communication to public and distribution rights arrises. In the view of the author, the transmission of works or objects of related rights over computer networks for permanent use by its users is akin but not fully attributable to distribution due to international and EU provisions restricting the distribution right to material copies only. Therefore, the author considers that the intervention of the legislator is necessary in order to implement the exhaustion of distribution right and to make a clear distinction between the rights of distribution and communication to the public. Other risks associated with the digital exhaustion of the distribution right, such as the „first copy“ problem, and the inefficiency of the technical measures to ensure that works (other objects) transmitted over computer networks are not reproduced without the permission of the rightholder, are also analysed in this work. Notwithstanding the mentioned concerns, the author presents the view that digital exhaustion of distribution right could be fully justified in terms of balancing the interests of rightholders and users of works (other objects) and suggests reviewing legal provisions relating to digital exhaustion in order to ensure that copyright law better meets actual social relationships and key consumer needs.

The paper analyzes similarities and differences between fair use and fair dealing doctrines in copyright law that allow for limited use of copyright-protected material without the need of permission from the rightholder. Both concepts have long been part of legislation but have recently gained special interest due to the wide spread of digital technologies and the ease of copying materials, both text ones and any other digitized materials. What kind of use may be deemed fair and what may not, has become the question of everyday interest. Copyright exceptions implemented in the form of fair use or fair dealing concepts are of special importance to libraries. However, their application is far from trivial and the situation is further complicated by insufficiently understood difference between the two concepts. The paper reviews general approach implemented in both described doctrines, terminology issues, similarities and dissimilarities of the doctrines, their territorial coverage, and historic origins of doctrine differences. The doctrine having originated in the United Kingdom and developed in the United States has become an example, a pattern that is followed in legislation of many countries worldwide. Fair use/fair dealing concepts have found their reflection in Russian copyright law in the form of “free use” of a work without author’s permission and without copyright fee payment. The paper further deals with the significance of fair use doctrine for library collections digitization and other applications of technology innovation. A prediction is made for growing importance of fair use and fair dealing copyright exceptions in the nearest future.

The paper analyzes the evolution of copyright and the main events that led to a change in the concept of determining the author’s rights and their protection. The main legal acts regulating copyright relations from the stage of their inception (from the moment of the invention of printing in Europe) to the present time are considered. The creation of the Internet became the starting point for rethinking the foundations of copyright law to adapt it to modern needs. Thus, treaties were adopted, the norms of which extended traditional law to the digital environment, securing the rights of authors on the Internet. Developing a licensing approach under the Creative Commons licensing concept and the “some rights reserved” principle has been an important step in the enforcement and protection of cross-border copyright rights on the Internet. This is a new stage in the development of licensing, due to technological progress and the introduction of artificial intelligence into human life.

Refereed article - Matthew Rimmer. "The Internet Archive and the National Emergency Library: Copyright Law and COVID-19" (2022) 11 (5) Laws Article No. 79. Abstract: In the tradition of legal writing about landmark intellectual property cases, this paper provides an in-depth case study and analysis of an important copyright conflict during the COVID-19 crisis. The Internet Archive established the National Emergency Library to provide for access to knowledge for those who were unable to access their usual libraries, schools, and educational institutions. In response, four large publishers have brought a copyright lawsuit against the Internet Archive, alleging both direct copyright infringement, as well as secondary copyright infringement. The Author’s Guild has supported this action. Fearful of litigation, the Internet Archive has decided to close the National Emergency Library earlier than it anticipated. The litigation raises a range of issues in respect of copyright infringement, the defence of fair use, library exceptions, digital lending, and intermediary liability. The conflict also raises questions about the operation of the first sale doctrine in the digital era. There are also divided views as to what, if any, remedies are appropriate in the case over the Internet Archive and the National Emergency Library. It is argued that there needs to better mechanisms under copyright law to enable access to knowledge in a public health crisis – such as the coronavirus outbreak. This case study makes a significant contribution to our understanding of the relationship between authors, publishers, and libraries in the digital age. It also provides an insight into copyright litigation – in particular, the role of amicus curiae submissions, and the nature and scope of copyright exceptions. This paper also raises larger considerations about the intersection of copyright law with larger concerns about access to knowledge, competition policy, and public health emergencies.

The recent Cofemel judgment of the Court of Justice of the European Union extended the European Union’s (EU) originality criterion (i.e. the author’s own intellectual creation) to the realm of works of applied art. The Court excluded ‘aesthetically significant visual effect’ as a condition of copyright protection. It was condemned as subjective and incompatible with the EU originality criterion. The decision may signal a shift in several national copyright laws, under which requirements relating to ‘aesthetics’ are laid down as a condition to acquire protection. This article will demonstrate that the ‘aesthetics criterion’, as it emerged historically and has been employed in national copyright laws, is associated with a different meaning than it conveys at first glance. The aesthetics criterion designates the elbow room remaining to the author after functional constraints have been taken into account, and thus represents a form of the functionality doctrine in the domain of copyright law. However, to some extent it also excludes – though not uniformly – commonplace designs from the scope of copyright protection. Against this background, this article suggests that the aesthetics criterion can arguably be reconciled with the EU originality criterion. The aesthetics criterion represents a balance struck between the need for copyright protection in the field of applied arts, on the one hand, and competition, on the other. In order not to upset this careful balance, a robust application of the EU originality criterion is advocated, precluding protection not only to functionality, but also to commonplace creations.

Many online media platforms currently utilise algorithmically driven content moderation to prevent copyright infringement. This article explores content moderation’s effect on mashup music – a form of remix which relies primarily on the unauthorised combining of pre-existing, recognisable recordings. Drawing on interviews ( n = 30) and an online survey ( n = 92) with mashup producers, we show that content moderation affects producers’ creative decisions and distribution strategies, and has a strong negative effect on their overall motivation to create mashups. The objections that producers hold to this state of affairs often strongly resonate with current copyright exceptions. However, we argue that these exceptions, which form a legal ‘grey zone’, are currently unsatisfactorily accommodated for by platforms. Platforms’ political-economic power allows them, in effect, to ‘occupy’ and control this zone. Consequently, the practical efficacy of copyright law’s exceptions in this setting is significantly reduced.

ResumoO objetivo do presente artigo é investigar os métodos de controle de utilização da obra, permitindo assim identificar os atos que restringem a utilização da obra e que são implementados pelas medidas tecnológicas de proteção. Deste modo, o estudo tem o propósito de compreender qual o regime jurídico das medidas tecnológicas de proteção implementado no Digital Millenium Copyright, como também no Marco Regulatório da União Europeia e da Legislação Autoral Brasileira. Assim, pretende-se analisar os impactos deste marco regulatório no regime de utilizações livres, especificamente no que tange ao instituto da cópia privada digital e dos atos de neutralização das medidas tecnológicas de proteção. Palavras-chave: Direito Autoral. Cópia Privada. Ambiente Digital. Medidas Tecnológicas de Proteção. AbstractThe purpose of this article is to investigate methods of controlling the use of the work, thus allowing to identify the acts that restrict the use of the work and that are implemented by technological protection measures. In this way, the study aims to understand the legal regime of technological protection measures implemented in the Digital Millennium Copyright, as well as in the Regulatory Framework of the European Union and the Brazilian Copyright Law. Thus, it is intended to analyze the impacts of this regulatory framework on the free use regime, specifically with regard to the institute of digital private copying and the acts of neutralization of technological protection measures. Keywords: Copyright. Private Copy. Digital Environment. Technological Protection Measures.

Many countries have restrictive copyright laws that prevent the reproduction of published works in accessible formats. In addition, these countries limit any fair use provisions to people with blindness, which excludes a variety of other print disabilities. In 2013, delegates from the World Intellectual Property Organization agreed to the Marrakesh Treaty, which has now been ratified by 79 countries. The Marrakesh Treaty focuses on expanding fair use exceptions in copyright law for reproducing works in accessible formats. Countries that ratify the Marrakesh Treaty agree to expand qualified individuals to include people with different kinds of reading disabilities. Countries that have ratified the treaty can also import or export accessible books. However, the treaty does not pressure countries to create inclusive policies for people with disabilities. Publishers are not affected by the Marrakesh Treaty and are allowed to continue producing their books in inaccessible formats. This paper explores the benefits and pitfalls of the Marrakesh Treaty and how the problem of inaccessible published works might be solved in the future.

El debate que se concibe en este artículo gira en torno a la creación de obras por sistemas de Inteligencia Artificial (IA) y su fin es determinar si es posible que dichas creaciones puedan estar bajo el amparo de la protección de derechos de autor. Esta problemática es importante ya que son muchas las obras artísticas, como pinturas, canciones, traducciones, libros o artículos que se crean a partir del uso de la IA. Para el desarrollo de este objetivo se analizaron los componentes de una obra y, además, se evalúo si una pieza escrita por un sistema de IA cuenta con dichos requisitos1. Igualmente, se investigaron varias doctrinas y sistemas normativos internacionales que han asumido diferentes puntos de vista sobre este debate, un punto en el que se coincide es que la creatividad artificial nunca podrá equiparar a la del intelecto humano, sin embargo, el aporte que se concluye de esta investigación es que es necesario regular específicamente las obras creadas por IA.

يبدو أن الأسرار التجارية تقدم طريقا للمضي قدما نحو شمول برامج الکمبيوتر بالحماية. نظرا لأن الشرکات تقوم بتقييم کيفية حماية خوارزميات البرامج الخاصة بها باعتبارها أسرارا تجارية ، فيجب عليهم التفکير في أفضل السبل لمنع المنافسين من هندسة منتجاتهم عکسيا، ولا يحمى قانون الأسرار التجارية في ذاته برامج الکمبيوتر من الهندسة العکسية ولکن مبادئ العقد تستطيع هذا الأمر. عند تطبيق مبادئ العقد ، ستبذل شرکات البرمجيات قصارى جهدها لتجنب الحظر الشامل على الهندسة العکسية، لکن الحظر الانتقائي على الهندسة العکسية لأغراض معينة، مثل تطوير منتجات منافسة مباشرة، يبدو أکثر عرضة للبقاء أمام التدقيق القضائي، ونرى أنها تبدو متوافقة مع النصوص الحديثة في قانون حق المؤلف، ولا تتعارض بشکل مباشر مع أي قانون، ويبدو أنها تتجنب أهم اهتمامات السياسة العامة فيما يتعلق بالهندسة العکسية. Companies are assessing how to protect their software algorithms as a trade secret, so they think about the best way to prevent competitors from reverse engineering their products. Trade secrets law does not in itself protect computer programs from reverse engineering, but contract principles can do this. When implementing contract items, software companies will do their best to avoid a blanket ban on reverse engineering, but the selective prohibition on reverse engineering for certain purposes, such as developing direct competition products, appears more likely to survive judicial scrutiny. Selective prohibition seems to be compatible with modern texts in copyright law; it does not directly conflict with any law, and it appears to avoid the most important public policy concerns in terms of reverse engineering.

The article analyzes the activities carried out by the Department of protection of rights of all-Union authors (UNHCR) in Uzbekistan in the years 40-50 of XX century on the basis of primary archive documents. The relations between the institutions and the Department of the Republic were analyzed and the necessary scientific conclusion was reached as a result of insufficient number of authors in the war years, negative consequences of some shortcomings in the sphere, as well as positive changes at the end of the period, an increase was observed in the content of the authors

Modern and fast ways of information reproduction affect the social norms and moral responsibilities of citizens. Nowadays libraries are continuously facing the problem of maintaining the balance be...

If the fact that new technologies affect media production, distribution, and consumption at an ever-increasing pace is by 2021 a trite truism, Meese’s Authors, Users, and Pirates directs our attent...

Tattoos are a billion-dollar industry that grows as tattoos become globally acceptable. With that market growth comes an incentive for parlor owners and artists to determine what rights they own and assert it against tattooed individuals. Artists upcharge celebrities for tattoos because of the publicity of their work, an example of how the market is adapting to the growing visibility and publicity of tattoos. But there is a cost: most tattooed individuals are not aware of the legal rights others possess, and can assert, against the permanent ink on their own bodies. This is the first paper to discuss the tattoo clients, who could be the least protected when cases on infringing tattoo designs go to court. Further, it discusses the copyrightability of tattoos, the parties with an ownership interest in a tattoo, and how the interactions between artist, client, and parlor shape the analysis for the court.

The main purpose of this article is to study the institution of copyright protection, with the division of powers of collective management organizations, with the functions of organizations and their types, with the difference between collective management of copyright and such a concept as representation are touched upon. The main focus is on the main goals of improving the judicial system in accordance with the Uzbekistan’s Five-Area Development Strategy for 2017-2021 in general and proposals for further improvement of the legislation were formed on the basis of the approach, proposed by the author. Also, attention is paid to some urgent problems related to the improvement of this institution, international standards for copyright protection and comparative legal analysis of national legislation, as well as the opinions of scientists from Uzbekistan and other different countries. Suggestions and recommendations were put forward of scientific and practical importance for national copyright law

When libraries transitioned their collection development from primarily print to greater reliance on e-resources, acquisition methods also shifted from a sales contract to a licensing business mode...

This report highlights the main UK copyright decisions in 2020, which relate to the right to communicate the work to the public in the context of hotlinking; copyright subject matter; the use of cheat software in videogames; and website blocking injunctions. It also discusses the implications of the end of the Brexit transition period for copyright law in the UK.

The Article aims to ascertain whether there is a genuine demand for granting copyright incentives with respect to AI-results.At first, the Article analyses whether AI-assisted and AI-generated objects are subject to copyright protection and, drawing onthe anthropocentric nature of copyright, answers in the negative. This conclusion does not apply when AI remains merely a tool in thehands of a human author.Then the Article evaluates arguments for and against the change of copyright law to provide AI with copyright incentives. Giventhe current level of AI, the Article finds granting copyright incentives and, consequently, protection to AI-assisted and AI-generatedobjects as premature and unjustified, at least now.The Article shifts the discussion on incentives from copyright to sui generis right. Such regime is expected to encourage deve -lopment of the AI industry as well as disincentivize unfair practices.

This article examines the mutual agency of Japanese state and non-state in shaping international copyright in the prewar period. Despite having joined the Berne Convention for the Protection of Lit...

This is a preprint. Please review and cite LRSQ published version. Harvard’s Perma.cc offers the solution to linkrot—the phenomenon that citations in academic journals to web materials disappears with the passage of time, resulting in “broken links” and disappearance of material from the Web. This article will describe Perma.cc and outline the kinds of copyright issues that may arise, including heavy use of copyright statutes and caselaw. It will examine the kind of preservation use of copyrighted materials, with reference to fair use, and the library prerogatives as exceptions to the exclusive rights of authors of materials found on the Web. This analysis includes detailed analysis of “transformative use” and the four factors of 17 U.S.C. § 107. It will consider the liability of Perma.cc and participating libraries and institutions under theories of contributory infringement and vicarious liability, including as modified by 17 U.S.C. § 512(c) and (d), governing takedown notices. The article concludes that Perma.cc’s archival use is neither firmly grounded in existing fair use nor library exemptions, that Perma.cc, its “registrar” library and institutional affiliates, and its contributors have some (at least theoretical) exposure to risk, and that current copyright doctrines and law do not adequately address web archival storage for scholarly purposes. In doing so, it will question what the role of the scholarly Perma.cc citation ought to play—confirmation of scholarly propositions or preservation of and access to web materials. The material and conclusions in this article are important for legal authors, law review editors, and librarians (especially those who use, support, or are considering partnering with Perma.cc); so that they might better assess copyright compliance, especially when selecting materials for archiving, such as articles from news sites, blogs, and professional and scholarly papers, articles or books.

Copyright law in the United Arab Emirates (UAE) has the capacity to address the challenges associated with artificial intelligence (AI)-generated literary, artistic and scientific works. Under UAE ...

A kutatás alapvető célja annak vizsgálata, hogy az innováció és a társadalmi innováció milyen kapcsolatban állnak a szerzői jogi szabályrendszer kialakulásával és jogfejlődésével. A szerzői jogi szabályanyag megalkotásának különböző társadalmi és gazdasági okai voltak és a jogterület folyamatos fejlődésén és dinamizmusán egyaránt érezhető a mögöttes társadalmi igények láncolata. A tanulmányban azt vázoljuk fel, hogy mik azok a garanciális jelleg szabályok, amelyek ösztönzik a szellemi alkotások létrehozását, illetve melyek azok a korlátozó szabályok, amelyek a társadalom igényeit helyezik előtérbe a szerző jogaival szemben.

Directive 2019/790/EU (DSM Directive) aims to adapt and supplement the Union copyright framework in order to address the needs and challenges that are constantly arising in the digital environment. Given the importance of text and data mining (TDM) techniques not only with respect to the digital economy but also with regard to their benefits for the research and innovation, DSM Directive introduced the exception of TDM. Academic libraries are among the beneficiaries of the mandatory TDM exception for the purposes of scientific research. This paper analyses in detail the legal infrastructure of TDM exception as provided in Article 3 of the DSM Directive, elucidating at the same time the different notions included therein and addressing certain challenges regarding its application. Further, this paper aims at shedding light on the impact of the TDM exception on libraries and the benefit pursued by them, while in the last part the outcome and results reached through questionnaires and interviews in the framework of the research project “The exception of text and data mining in copyright law regarding Academic Libraries” realized in Greece are described and analyzed thoroughly. In view of the above, concrete recommendations and conclusions are provided with respect to the new TDM exception.

RESUMEN: El presente articulo analiza los principales instrumentos juridicos que con ocasion de la entrada en vigor del Tratado Integral y Progresista de Asociacion Transpacifico (TIPAT) y del Tratado entre Mexico, Estados Unidos y Canada (T-MEC), requirio la armonizacion de diversas disposiciones de la Ley Federal del Derecho de Autor (LFDA), con el proposito de adaptar las nuevas formas de almacenamiento, puesta a disposicion y comunicacion publica de obras protegidas por derechos de autor a traves de canales digitales que han facilitado el acceso a los contenidos de manera abierta a traves de internet y practicamente sin restricciones, abriendo con ello una nueva era en materia de proteccion de los derechos de autor y el uso de obras en el entorno digital en Mexico. Sin embargo, la regulacion de contenidos a traves de medios digitales implica retos importantes para garantizar las libertades y derechos fundamentales de los usuarios y para proteger de forma efectiva los derechos de los autores respecto de sus obras que circulan en internet. De no existir el equilibrio necesario entre ambos derechos, los fundamentos de la sociedad de la informacion no se sostendran, ni tampoco el desarrollo de las tecnologias de la informacion y comunicacion (TIC). ABSTRACT: This article analyzes the main legal instruments that, on the occasion of the entry into force of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and United States, Mexico and Canada Agreement (UMSCA), required the harmonization of various provisions of the Federal Copyright Law (LFDA), with the purpose of adapting the new forms of storage, making available and public communication of works protected by copyright through digital channels that have facilitated access to the contents in a manner open through the internet and practically without restrictions, thus opening a new era in terms of copyright protection and the use of works in the digital environment in Mexico. However, the regulation of content through digital media implies important challenges to guarantee the fundamental freedoms and rights of users and to effectively protect the rights of authors with respect to their works that circulate on the internet. In the absence of the necessary balance between both rights, the basis of the information society will not be sustained, nor will the development of information and communication technologies (ICT). Keywords: digital environment, copyright, knowledge society, TIC.

Video game content has grown increasingly popular on internet service providers such as YouTube and Twitch. This genre of uploaded material includes the gameplay of internet users, in the form of pre-recorded ‘Let's Play’ videos, as well as livestreamed playthroughs. However, the application of current copyright law principles to these kinds of content is still a grey area. This legal uncertainty can be attributed to the absence of binding judicial precedent on whether video game Let's Plays and livestreams constitute copyright infringement or fair use. More recent legislative provisions intended to update copyright law for current digital technology provide little assistance, as their implementation by internet platforms has perpetuated a practice of favouring the interests of game developers over users who produce Let's Plays and livestreams. This article discusses the problems of applying existing copyright law to video game playthroughs uploaded online, as well as the drawbacks of the automated tools YouTube and Twitch have developed to manage these types of content in their systems. In order to address these issues, suggestions for copyright law reform will be explored. However, in the absence of imminent legislative amendments, I conclude that compulsory licensing arrangements, and making modifications to YouTube's and Twitch's content scanning tools are the most viable means of achieving a better balance between the interests of game developers, the internet platforms, and Let's Play creators and game streamers.

Introduction Copyright law as a tool for promoting knowledge and education Right to Education as a Human Right Right to education vis a vis Copyright law International effort to Balance the competing legal rights Right to Education exception within the Indian Copyright law Conclusion – Need to provide Affordable education

The question of who should own the copyright of a creative work by an artificial intelligence (Al) is as yet largely unanswered. Due to the author’s increased distance from the works being created, the granting of copyright protection to AI has not been forthcoming. This article assesses the prevalence of AI- and computer-generated works in which, beyond the initial input, the works produced involve more artificial than human contribution, and the impact this has on authorship. While the main geographical focus of this article is Australia, it makes comparisons with the UK and New Zealand (NZ) to explore how Australian copyright law can be adapted to incorporate positive aspects of UK and NZ law. This article explains how the statutory provisions in both the UK and NZ are undeniably far-sighted in the modern world, in which computer-generated programmes are increasingly used. This article argues that the case-by-case basis is most suitable when deciding the human entity who is the fortunate receiver of copyright protection in works that are essentially made by an advanced non-human entity.

Published online: 11 April 2022 Blockchain-based NFTs (non-fungible tokens) are uniquely identifiable digital representations of physical or digital items. Usually, the tokens are indivisible into smaller units. NFTs represent structured metadata referring to physical or digital objects. The tokens act as separate identifier and are often not tied to the objects. Their proponents claim they further the interoperable commercialisation of digital or physical goods.

The present article makes a brief study on the legal regime of the right to recognition of authorship and the figure of the ghost writer in Brazilian law. In order to do so, it makes use of the judicial decisions rendered in the Bruna Surfistinha case, which discussed the authorship of the literary work "O Doce Veneno do Escorpiao" (The Sweet Poison of the Scorpion), which reports on the life of the character Bruna Surfistinha. It is a research that uses descriptive methodology, based fundamentally on bibliographic research, which is done to analyze the judicial solution given to the case object of the study. The most relevant issues of the matter are analyzed, such as the right to recognition of authorship, the work protected by the copyright law, as well as the conventions involving the figure of the ghost writer. It is also worth mentioning the presentation of brief notes on the problem of the ghost writer in Germany and France. Therefore, the objective of this work is to discuss if the judicial solution given to the Bruna Surfistinha case was the most adequate, considering the copyright, the right to the recognition of authorship and the ghost writer conventions.

The use of social media may be contributing to violations of copyright law and can create legal challenges for school districts trying to balance ease of communication and First Amendment freedom of speech rights against compliance with federal regulations. In this case, a district is threatened with a lawsuit for copyright violation when one of the employees retweets a trademarked phrase. The case explores how school districts monitor copyright law, issues surrounding social media accounts for teachers and other employees such as coaches, the district’s liability for what is shared on those accounts, professional development, and possible board and district responses.

This article traces a cultural history of the visual media filtering industry in the United States—from VHS tapes to internet filters to digital streaming platforms. Through an analysis of the comp...

With the approval of Articles 11 and 13 in Europe, net neutrality has become a contentious issue globally. These articles refer to European Union (EU) copyright law, which could possibly destroy the freedom of the internet that once existed. Throughout Europe it has become known as the “meme ban,” referring to the censorship elements. While there is much opposition to these articles, its supporters consider it necessary for the preservation for creative works online. Opposition to the legislation, which includes certain websites and internet presences, remains of the opinion that these two pieces of legislation will mean an end to “meme culture and user-generated content.” Along with the limitation to the freedom of the internet, cyber-security and cyber-warfare risks and vulnerabilities are imminent. This paper seeks to provide an in-depth discussion on the implications of neutrality on cyber-security and cyber-warfare.