The goal of the research. To investigate the current state of copyright and related rights compliance in the state archives. Methodology. A questionnaire method was used to collect data on the ...practical experience of the state archives in organizing the use of and access to documents that are the objects of copyright and related rights. To analyse the legal framework, a method of interpretation was used, which aimed at clarifying the content of the rule of law in order to properly apply it. When formulating proposals for further improvement of the work of the state archives with objects of copyright and related rights, the method of retrospective analysis was used. Scientific novelty. A large-scale study of the current state of application of copyright and related rights legislation in the practice of the state archives was conducted in Ukraine for the first time. Conclusions. Responses from 27 institutions, including 5 central archives and 22 state archives of regions, Kyiv, were analysed. It was found that the archives’ fonds / collections contain a wide range of documents, which, according to the Law of Ukraine “On Copyright and Related Rights”, are the objects of copyright and related rights. It was shown that the current practice of the state archives on the organization of use of the documents that are the objects of copyright and related rights, and access to them does not always comply with current legislation. For example, some archives reported the free use of “orphan works”, despite the fact that Ukrainian law does not currently provide for such a possibility. Not all institutions, in the case of a request for copying documents that are the objects of copyright and related rights, with exception for the cases of free use, require the user to give permission from the right holder to copy them, etc. The authors note that currently the state archives lack a comprehensive methodological document that would cover the main issues of application of copyright and related rights in the practice of the state archives. Such a document would reduce the risk of possible violations of law by archives when organizing the use of documents that are the objects of copyright and related rights, and access to them.
The development of technologies contributes to the emergence of new intangible objects that have potential value and are aimed at spreading the results of creativity and information. In this regard, ...the society is interested in encouraging the activities of entities that create such objects. One of the options for the protection of such objects is to grant the related rights. Considering the technological changes in society associated with the use of information and telecommunication networks and artificial intelligence, the issues of granting related rights to new entities gain relevance. In order to identify the possibility of expanding the institution of related rights and determine the directions of such expansion, the article analyzes the main approaches to the formation of the institute of related rights, their characteristics, and attempts to deliver a working definition of the concept of related rights. On the basis of a comparative analysis, the author considers Russian and foreign legislative acts in the field of intellectual property, international treaties on copyright and related rights, as well as legal literature. The most supported idea of the formation of the institute of related rights is the functional purpose of the activities of subjects of related rights, acting as intermediaries between authors and representatives of the public. However, the institute itself is evolving and recognition of related rights for new subjects depends not only on the functional purpose of the activity, but also on their organizational and/or economic contribution aimed at processing and disseminating works and information. It can be assumed that the institute of related rights will continue to expand with the development of technologies and the public demand for new services provided by new technologies.
The history of the development of international legislation and the conclusion of international treaties regarding the protection of intellectual property, starting with the Berne Convention on the ...Protection of Literary and Artistic Works, was considered. The World Convention on Copyright, the Agreement on Trade Aspects of Intellectual Property Rights, and the Copyright Agreement of the World Intellectual Property Organization were analyzed. An attempt to sign an Anti-Counterfeiting Trade Agreement was tracked. The history of the adoption of laws on the protection of intellectual property in the USA “On Combating Online Piracy” (SOPA) and “On Prevention of Real Network Threats to Economic Creativity and Theft of Intellectual Property” (PIPA) was studied.
The legal framework of the EU regarding the protection of intellectual property rights on the Internet, in particular Directive No. 2019/789 of the European Parliament and the Council dated April 17, 2019, which establishes the application of the provisions of copyright and related rights to individual online broadcasts of broadcasting organizations and retransmissions of radio and television programs, and Directive No. 2019/790 of the European Parliament and the Council dated April 17, 2019 on copyright and related rights in the single digital market were concidered. The legislative framework of Ukraine aimed at protecting intellectual property rights and preventing illegal distribution of media content was analyzed, in particular the Laws of Ukraine “On Copyright and Related Rights” and “On State Support of Cinematography”. Forms of illegal distribution of media content are defined. An analysis of telecommunication means on the Internet identification methods during forensic telecommunications examination was carried out. The methods used now were considered, and their main shortcomings were described. Alternative methods of identification were proposed.
The European Union (EU) text and data mining (TDM) provisions are a progressive move, but the horizon is still uncertain for both generative artificial intelligence (GenAI) models researchers and ...developers. This article suggests that to drive innovation and further the commitment to the digital single market, during the national implementation, EU Member States could consider taking the Japanese broad, all-encompassing and “nonenjoyment-based” TDM as an example. The Japanese “nonenjoyment” purposes, however, are not foreign to the European continental view of copyright. A similar concept can be found under the German concept of “Freier Werkgenuss” or enjoyment of the work. A flexible TDM exception built upon the German notion of nonenjoyment purposes could become an opening clause to foster innovation and creativity in the age of GenAI. Moreover, the article argues that an opening clause allowing TDM with “nonenjoyment” purposes could be permissible under the so-called three-step test. This article further suggests, if there is no political will to safeguard “the right to read should be the right to mine” and to provide a welcoming environment for GenAI researchers and developers, when shaping the legal interpretation through national case law, the EU Member States could consider the following: (1) advocate for 72 h of response if technological protection measures (TPMs) are preventing TDM, and (2) Robot Exclusion Standard (robot.txt) as a warning when TDM is not allowed on a website. It is now in the hands of the EU Member States, whether to protect the interests of rightholders or to create a balance between safeguarding “the right to read should be the right to mine,” protecting rightholders exclusivity, and creating a supportive environment for the GenAI models researcher and developers.
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FZAB, GIS, IJS, KILJ, NLZOH, NUK, OILJ, SBCE, SBMB, UL, UM, UPUK
Un rasgo distintivo de la UE es el nivel particularmente elevado de armonización de los regímenes nacionales de derecho de autor, lo que puede facilitar el desarrollo de mecanismos específicos para ...sortear la actual fragmentación del mercado interior al margen de la creación de títulos unitarios. El alcance de la competencia judicial internacional condiciona la adopción de medidas judiciales para la tutela de derechos de autor en diversos Estados miembros, pero tal posibilidad requiere la aplicación de tantas legislaciones como Estados. En algunos instrumentos recientes se observa una tendencia renovada a recurrir al criterio del país de origen para superar obstáculos derivados de los regímenes nacionales de derecho de autor. En este contexto, se valoran las aportaciones del Reglamento (UE) 2017/1128 y las Directivas (UE) 2019/789 y 2019/790 en lo relativo a la regulación de las actividades transfronterizas en el marco del mercado único digital.
Research on fictional audiovisual works requires a certain number of acts implying copyright and related rights (consultation in libraries, public display, reproduction and integration of film ...extracts in a derivative work, etc.). The right to use these works has to be granted by the right holders, but some organizations can deliver an authorization in a simplified form. In addition, certain practices are covered by exceptions, and some of them are of special interest to teaching and research. This contribution provides an inventory of existing mechanisms in this area, which are intended to facilitate the work of researchers on fictional audiovisual works.
Since the Beijing Olympic Games spotlight in 2008, the sports industry is frequently presented as the next 'El Dorado' of the Chinese economy. The past few years have shown a promising steady growth ...of the sports industry, supported by government policies. This dynamic context has also increased the opportunities for 'Live Sports', which have not yet unleashed their full potential as one of the main sources of revenue for Sports Organizations, and key contributors to investments and developments in the Sports sector. Surfing on the Digital Revolution, 'Live Sports' broadcasting and media rights have skyrocketed. However, the Digital Era has opened the door to a new threat menacing the symbiotic relationship between Sports and the Media: that of online piracy and unauthorized diffusion. For a decade, the protection of 'Live Sports' has been at the center of many debates focusing on the path to choose, with a recurrent question: Are 'Live Sports' copyrightable or not? In the absence of any explicit protection under the Chinese Copyright Law, uncertainty remains and restrains the potential of 'Live Sports'. This paper will analyze the state of 'Live Sports' in the current Copyright Law and the possibilities for adaptation, as well as the opportunity of the adoption of a Sui Generis protection to offer viable protection options.
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BFBNIB, NUK, PILJ, PRFLJ, SAZU, UL, UM, UPUK
At a time when the news industry is struggling to cope with the dominance of the advertising market by large platforms, along with recent crises such as the COVID-19 pandemic, commercial deals and ...regulatory initiatives are becoming increasingly common. While there is ample space for regulatory interventions seeking to level the playing field between news industry stakeholders and platforms, we are concerned these might further cement the dependency of the former on the latter through co-regulatory frameworks that epitomize the capture of vital infrastructures by platforms. This article examines the three-year negotiation of French news publishers with Google and Meta, which concluded with four framework agreements being signed. For our analysis, we first look at the historical trajectory of how these deals were made possible, using secondary sources such as leaks, press releases and the French Competition Authority’s rulings; we then discuss their details and implications. We trace Google’s attempt to capture news media in France and discuss the asymmetrical power it has exercised over the news industry, and how the subsequent deals with Meta were affected. Finally, our case study shows that these frameworks are not sufficient to tackle systemic imbalances – despite their good intentions – because they fail to challenge the concentration of power by a handful of oligopolistic private companies and, thus, effectively leave it up to them and the free market’s idiosyncrasies to decide how they are implemented.
The goal of the work is to study the legislative process and reveal the features of the legal concept of the European Union regulatory framework regarding public domain works in the context of the ...preservation and use of cultural heritage in the GLAM sector against the backdrop of modern technological democratization and openness. Researchmethods. To achieve the set goals, a set of general scientific approaches was used - theoretical (analysis, generalization,synthesis) and empirical (review of electronic sources, study of the results of activities) research methods. The scientific novelty lies in the identification of effective approaches to the implementation of the provisions of the DSM Directive on the protection and access to the public domain in cultural heritage institutions in the national legislationof the countries of the European Union, ways to create an agreed regime of legal assistance for the preservation and access to these works, increase the level of legal security for the sector GLAM in the performance of its functions. Conclusions. The DSM Directive and its Article 14, which is intended to establish effective measures for access and re-use of the public domain, does not guarantee the right of users to freely use any material resulting from the faithful reproduction of works or other protected objects, since it applies only to works of fine art and requires so that these works are no longer protected by copyright and taken out of the public domain. The implementation of these rules doesnot allow the GLAM sector to establish additional modes of reproduction rights for public domain collections, but doesnot restrict institutions from generating revenue through commercial use.
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DOBA, IZUM, KILJ, NUK, PILJ, PNG, SAZU, UILJ, UKNU, UL, UM, UPUK
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