Copyright law
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Copyright and Artificial Creation: Does EU Copyright Law Protect AI-Assisted Output? Open
This article queries whether and to what extent works produced with the aid of AI systems – AI-assisted output – are protected under EU copyright standards. We carry out a doctrinal legal analysis to scrutinise the concepts of “work”, “ori…
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Post-Cinema. Theorizing 21st-Century Film Open
If cinema and television, as the dominant media of the 20th century, shaped and reflected our cultural sensibilities, how do new digital media in the 21st century help to shape and reflect new forms of sensibility? In this new collection, …
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Copyright Law on Blockchains: Between New Forms of Rights Administration and Digital Rights Management 2.0 Open
This article examines the potential and limitations of blockchain technology and blockchain-based smart contracts in relation to copyright. Copyright has long been enforced through technological means, specifically Digital Rights Managemen…
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Concise European Copyright Law Open
In the rapidly growing information society, copyright law plays a central role in the creation, production, dissemination and use of creative material and the information it contains. In the past 15 years, the European Union has enacted no…
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Copyright Essentials for Linguists Open
This paper addresses copyright issues that linguists confront in their capacity as users and creators of scholarly work. It is organized in a simple question-answer format. Questions 1–3 present the basics of U.S. copyright law, including …
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The "Snowy White Peaks" of the NHS: A survey of discrimination in governance and leadership and the potential impact on patient care in London and England. Open
Analysis of the ethnicity of senior positions and leadership in the NHS with particular reference to London which found substantial under-representation of Black and Minority Ethnic Staff from senior positions on Boards and within specific…
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The Requirement for a "New Public" in EU Copyright Law Open
This article deals with a doctrinal shift in the understanding of what amounts to an actionable communication of copyright works to the public. Recent rulings of the European Court of Justice hold that infringement takes place where a comm…
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Copyright Protection for AI-Generated Works: Exploring Originality and Ownership in a Digital Landscape Open
This research explores AI-generated originality's impact on copyright regulations. It meticulously examines legal frameworks such as the Berne Convention, EU Copyright Law, and national legislation. Rigorously analyzing cases, including In…
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The 2019 Directive on Copyright in the Digital Single Market: Some progress, a few bad choices, and an overall failed ambition Open
After four years of fierce debate, the Directive on Copyright in the Digital Single Market was finally adopted in April 2019. The legislative text aims at adapting copyright to the digital world, remedying some gaps and uncompensated uses …
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Reducing Digital Copyright Infringement Without Restricting Innovation Open
Suing actual infringers is passe in copyright law. In the digitalenvironment, the real stakes lie in suing those who facilitate infringementby others. There is of course a good reason copyright owners are filingsuch suits. They see themsel…
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The Urgency for Implementing Crytomnesia on Indonesian Copyright Law Open
Plagiarism Enforcement in Indonesia can be said to have not been quite effective because the plagiarism level is still quite high.In 2013 alone it was found that there were at least 808 cases of plagiarism in Indonesia.This needs to be stu…
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What if we could reimagine copyright? Open
What if we could start with a blank slate, and write ourselves a brand new copyright system? What if we could design a law, from scratch, unconstrained by existing treaty obligations, business models and questions of political feasibility?…
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Copyright Infringement in AI-Generated Artworks Open
This Note examines potential copyright infringement issues arising from AI-generated artwork and argues that, under current copyright law, an engineer may use copyrighted works to train an AI program to generate artwork without incurring i…
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A Scanner Darkly: Copyright Liability and Exceptions in Artificial Intelligence Inputs and Outputs Open
This article delves into the legal issues surrounding the use of copyrighted works in training artificial intelligence (AI). It examines two critical questions: firstly, whether accessing and analysing copyrighted works for AI training con…
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Ex Machina: Copyright Protection for Computer-Generated Works Open
A professor in France claims to have written a million books using his computer software platform. Many of the sports and financial news stories available on the Internet are written by computers. Computers also draw, paint, and compose mu…
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A Theory of Copyright Authorship Open
The U.S. Constitution gives Congress the power to grant rights to “Authors” for their “Writings.” Despite the centrality of these terms to copyright jurisprudence, neither the courts nor scholars have provided coherent theories about what …
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Remix’s retreat? Content moderation, copyright law and mashup music Open
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 un…
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What is Left of User Rights? – Algorithmic Copyright Enforcement and Free Speech in the Light of the Article 17 Regime Open
Article 17 of the Directive on copyright and related rights in the Digital Single Market (the DSM Directive) has strengthened the protection of copyright holders. Moving forward, online content-sharing providers will be responsible for cop…
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Research Handbook on the History of Copyright Law Open
A survey of copyright history in Scotland from c.1707 to c.1900, with particular emphasis on the eighteenth century.
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Copyright Gossip: Exploring Copyright Opinions, Theories, and Strategies on YouTube Open
This study investigates copyright discourses on YouTube. Through a qualitative content analysis of 144 YouTube videos, we explore how YouTube creators understand copyright law, how they minimize risks posed by copyright infringement, and h…
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Imagining the Use of Intelligent Agents and Artificial Intelligence in Academic Law Libraries Open
Academic law librarians should consider ways to incorporate intelligent technology into their libraries in order to benefit the law school community. This article explains the distinction between intelligent agents and artificial intellige…
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Rewriting Fair Use and the Future of Copyright Reform Open
This Essay describes a social practices approach to the production of creative expression, as a construct to guide reform of copyright law. Specifically, it reimagines copyright's fair use doctrine by basing its statutory text explicitly o…
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Compliance of National TDM Rules with International Copyright Law: An Overrated Nonissue? Open
Seeking to devise an adequate regulatory framework for text and data mining (TDM), countries around the globe have adopted different approaches. While considerable room for TDM can follow from the application of fair use provisions (US) an…
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Copyright as an access right: Securing cultural participation through the protection of creators’ interests Open
WhAt IF We CoUlD ReIMAGINe CoPyRIGht?74 trusted for a cloud that would sprinkle fertilizing rain on their fields.What old people say you cannot do, you try and find that you can.
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Overlapping Copyright and Trademark Protection in the United States Open
This chapter addresses the phenomenon of overlapping rights under US law and complements Chapter 25 authored by Professors Derclay and Ng-Loy on the overlap of trademark, copyright, and design protection under several other Common Law and …
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Copyright Violations and Large Language Models Open
Language models may memorize more than just facts, including entire chunks of texts seen during training. Fair use exemptions to copyright laws typically allow for limited use of copyrighted material without permission from the copyright h…
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Creativity, Copyright, and Close-Knit Communities Open
Social norms as a regulatory mechanism often carry more weight than formal law--particularly in contexts when legal rules are gray. In online creative communities that focus on remix, community members must navigate copyright complexities …
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Geoblocking in EU Copyright Law: Challenges and Perspectives Open
EU copyright law has attempted to resolve the antithesis between the ideal of the single market and the concept of copyright territoriality through a modest approach, which is based on the axiom of safeguarding copyright territoriality and…
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Copyright at the CJEU: Back to the Start (of Copyright Protection) Open
In its 2009 decision in Infopaq (C–5/08), the Court of Justice of the European Union (CJEU) achieved a landmark result: the de facto, horizontal harmonization of the originality requirement. After that, nothing could stay the same. After p…
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Internet Safe Harbors and the Transformation of Copyright Law Open
This Article explores the potential displacement of substantive copyright law in the increasingly important online environment. In 1998, Congress enacted a system of intermediary safe harbors as part of the Digital Millennium Copyright Act…