The Machine as Author Gervais, Daniel J
Iowa law review,
07/2020, Volume:
105, Issue:
5
Journal Article
Peer reviewed
The use of Artificial Intelligence ("AI") machines using deep learning neural networks to create material that facially looks like it should be protected by copyright is growing exponentially. From ...articles in national news media to music, film, poetry and painting AI machines create material that has economic value and that competes with productions of human authors. The Article reviews both normative and doctrinal arguments for and against the protection by copyright of literary and artistic productions made by AI machines. The Article finds that the arguments in favor of protection are flawed and unconvincing and that a proper analysis of the history, purpose, and major doctrines of copyright law all lead to the conclusion that productions that do not result from human creative choices belong to the public domain. The Article proposes a test to determine which productions should be protected, including in case of collaboration between human and machine. Finally, the Article applies the proposed test to three specific fact patterns to illustrate its application.
It was a time when music fans copied and traded recordings without permission. An outraged music industry pushed Congress to pass anti-piracy legislation. Yes, that time is now; it was also the era ...of Napster in the 1990s, of cassette tapes in the 1970s, of reel-to-reel tapes in the 1950s, even the phonograph epoch of the 1930s. Piracy, it turns out, is as old as recorded music itself. This book uncovers the little-known history of music piracy and its sweeping effects on the definition of copyright in the United States. When copyright emerged, only visual material such as books and maps were thought to deserve protection; even musical compositions were not included until 1831. Once a performance could be captured on a wax cylinder or vinyl disc, profound questions arose over the meaning of intellectual property. Is only a written composition defined as a piece of art? If a singer performs a different interpretation of a song, is it a new and distinct work? Such questions have only grown more pressing with the rise of sampling and other forms of musical pastiche. Indeed, music has become the prime battleground between piracy and copyright. It is compact, making it easy to copy. And it is highly social, shared or traded through social networks—often networks that arise around music itself. But such networks also pose a counter-argument: as channels for copying and sharing sounds, they were instrumental in nourishing hip-hop and other new forms of music central to American culture today.
Information professionals will find the tools they need to take control of their rights and responsibilities as copyright owners and users in this succinct, easy-to-use guide.
Mark Davison examines several legal models designed to protect databases, considering in particular the EU Directive, the history of its adoption and its transposition into national laws. He compares ...the Directive with a range of American legislative proposals, as well as the principles of misappropriation that underpin them. In addition, the book also contains a commentary on the appropriateness of the various models in the context of moves for an international agreement on the topic. This book will be of interest to academics and practitioners, including those involved with databases and other forms of new media.
Copyright law is a critical issue for authors, librarians, publishers, and information vendors. It is also a complex area, with many shades of gray. Librarians continually need to seek answers to ...questions ranging from the reproduction of copyrighted works for library users, through the performance of audiovisual works, to the digitization and display of protected works on library websites. This book presents updated versions of the author’s copyright columns published in Against the Grain, the leading journal in acquisitions librarianship since the late 1990s. It is the first volume in the series Charleston Insights in Library, Archival, and Information Sciences. The aim of the Charleston Insights series is to focus on important topics in library and information science, presenting the issues in a relatively jargon-free way that is accessible to all types of information professionals, including librarians, publishers, and vendors, and this goal shapes the pragmatic and accessible tone of the book. The volume is presented in question-and-answer format. The questions are real, submitted by librarians, educators, and other information professionals who have attended the author’s copyright law workshops and presentations or submitted them to her by e-mail or telephone. The author has selected the questions and answers that have general applicability. She has then arranged them into logical chapters, each prefaced by a short introduction to the topic. Because it is written in an accessible and clear style, readers may want to review the entire work or they can just access particular chapters or even specific questions as they need them. The volume includes an index to facilitate reference use.
Copyright Law in an Age of Limitations and Exceptions brings together leading copyright scholars and the field's foremost authorities to consider the critical role of copyright law in shaping the ...complex social, economic, and political interaction critical for cultural productivity and human flourishing. The book addresses defining issues facing copyright law today, including justifications for copyright law's limitations and exceptions (L&Es), the role of authors in copyright, users' rights, fair use politics and reform, the three-step test in European copyright law, the idea/expression principle with respect to functional works, limits on the use of L&Es in scientific innovation, and L&Es as a tool for economic development in international copyright law. The book also presents case studies on the historical development of the concept of 'neighboring rights' and on Harvard Law School's pioneering model of global copyright education, made possible by the exercise of L&Es across national borders.
Navigating Copyright for Libraries Jessica Coates, Victoria Owen, Susan Reilly / Jessica Coates, Victoria Owen, Susan Reilly
2022, Volume:
181
eBook
Open access
Much of the information that libraries make available is protected by copyright or subject to the terms of license agreements. This reader presents an overview of current issues in copyright law ...reform. The chapters present salient points, overviews of the law and legal concepts, selected comparisons of approaches around the world, significance of the topic, and opportunities for reform, advocacy, and other related resources.
A szerzői jog szabályrendszerének kialakítása során hosszú és küzdelmes munka eredménye, hogy a védelem valamennyi, az irodalom, a tudomány és a művészet területére eső alkotásra kiterjed, ...függetlenül annak minőségétől, mennyiségétől, a rá vonatkozó értékítélettől, azaz akár annak erkölcsi megítélésétől. A formalitásmentesen, azaz automatikusan keletkező szerzői jogi védelem tehát fő szabály szerint valamennyi egyéni, eredeti jellegű művetmegillet – ami a cenzúra elleni küzdelemmel karöltve komoly teljesítményként könyvelhető el az alkotás szabadságának biztosítása terén. Felmerül azonban a kérdés, hogy egy adott mű elérheti-e az erkölcstelenség olyan fokát, hogy annak kezelésére már nem elegendők a szerzői joghoz képest külső korlátnak minősülő eszközök, azaz szükséges-e egy ilyen körülményt a szerzői jog szabályrendszerén belül (is) kezelni (hasonlóan az iparjogvédelem területén látott néhány oltalmi formához). A jelen tanulmány a kérdést boncolgató vonatkozó szakirodalom és joggyakorlat áttekintése mellett arra igyekszik felhívni a figyelmet, hogy a szerzői jog sem távolodhat el a jóerkölcs zsinórmértékétől, de a szabályrendszerén belül megtalálni a helyét nem kihívásoktól mentes feladat.
In this original study of intellectual property rights (IPR) in relation to state capacity, Dimitrov analyzes this puzzle by offering the first systematic analysis of all IPR enforcement avenues in ...China, across all IPR subtypes. He shows that the extremely high volume of enforcement provided for copyrights and trademarks is unfortunately of a low quality, and as such serves only to perpetuate IPR violations. In the area of patents, however, he finds a low volume of high-quality enforcement. In light of these findings, the book develops a theory of state capacity that conceptualizes the Chinese state as simultaneously weak and strong. The book draws on extensive fieldwork in China and five other countries, as well as on 10 unique IPR enforcement datasets that exploit previously unexplored sources, including case files of private investigation firms.
