66,612 results on '"Copyright"'
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52. The First Amendment and the Restrictions on Public Performance Rights.
- Author
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Livanu, Andreea
- Subjects
COPYRIGHT ,FREEDOM of expression ,CENSORSHIP - Abstract
The article explores the challenges copyright owners face in navigating public performance rights, particularly in light of the U.S. Federal Communications Commission's (FCC) vague definition of "indecency" and its impact on First Amendment freedoms. Topics include the Supreme Court's ruling in FCC v. Pacifica, the conflict between subjective moral standards and freedom of expression, and the evolving uncertainty for creators concerning censorship based on community standards."
- Published
- 2025
53. ПРАВОВІ НАСЛІДКИ ВИЗНАННЯ ПРАВ ІНТЕЛЕКТУАЛЬНОЇ ВЛАСНОСТІ (ОХОРОННОГО ДОКУМЕНТА) НЕДІЙСНИМИ ЯК СПОСІБ ЗАХИСТУ ЦИВІЛЬНИХ ПРАВ
- Author
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Х. Ю., Тарасенко
- Subjects
INTELLECTUAL property ,CAPITAL stock ,PROPERTY rights ,CIVIL code ,INDUSTRIAL design - Abstract
The article considers certain problematic aspects regarding the invalidation of intellectual property rights (protection documents) and their legal consequences. Author proves that when intellectual property rights expire, they end their term of legal protection by virtue of the law, taking into account the temporary nature of such rights. If a person registers rights or an object of intellectual property, receives a protection document, but knows that such an object does not really meet the conditions for granting legal protection, and enteres into contractual relations with respect to it, the counterparty of such a person (a party to the contract) also has the opportunity to initiate the invalidation of such a contract on the basis of Art. 230 of the Civil Code of Ukraine. Within the invalidation of deeds regarding invalid intellectual property rights, one should also proceed from whether such contracts were fulfilled in full or in part and whether such a method of protection as the recognition of a contract (deed) as invalid will become an effective way of protecting civil rights and restore the violated, unrecognized or contested right. The situation remains unregulated, when intellectual property rights to an invention, a utility model are recognized partially invalid, and individual independent clauses of the claim of the invention (utility model) or signs of the appearance of the industrial design are excluded from legal protection. It has been proven that invalidation of intellectual property rights to an invention, utility model or industrial design, invalidation of a trademark certificate will de facto reduce the authorized capital of the business company (to which they contributed) in the amount of the monetary value of these rights, which was approved by the participants (founders) when they were introduced. If a member of the company has contributed to the authorized capital of the business company exclusively with property rights of intellectual property, it would be expedient to give him the opportunity to contribute money, securities or other property, unless otherwise established by law, to replace this contribution. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
54. БАЗА ДАНИХ: ПРАВОВА ПРИРОДА ЗА ЗАКОНОДАВСТВОМ УКРАЇНИ ТА ПРАВОМ ЄС
- Author
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Л. Л., Тарасенко
- Subjects
DIGITAL technology ,DATABASES ,ELECTRONIC paper ,EUROPEAN Union law ,ACCESS to information ,FREEDOM of information - Abstract
The article considers certain problematic aspects of the legal regime of databases under Ukrainian and EU law. It has been established that the Law of Ukraine "On Copyright and Related Rights" pays sufficient attention to the legal regulation of relations related to the acquisition, exercise and protection of rights to databases. It has been proven that databases as an object require more thorough and systematic legislative regulation by adopting a separate legislative act, which should comprehensively determine the legal regime of databases. It has been substantiated that the characteristics of a database include: it is a collection of works, data or any other information; these works, data and/or information are contained in an arbitrary form; systematization of works, data, information, or their arrangement; the presence of a special search system to ensure access to works, data, information (which may function including, but not exclusively on the basis of electronic means); it is a predominantly digital object. The influence of modern technologies on the transformation of the form of existence of a database as an object is proven (there has been a gradual evolution of the database from a paper to an electronic form of existence, moreover, the electronic form has almost completely replaced the «paper» database). It is substantiated that due to the development of technologies and innovations, the opportunities of both authors and users of the digital environment have expanded, who have received new ways of using digital content, which can also be contained in databases (which are usually in electronic form). It is established that it is necessary to distinguish between the rights to a database as an object and the rights to objects that are part of the database as its constituent parts. It is established that the legal protection of a non-original database through the mechanism of a special kind of right is aimed at protecting the database as a certain digital object, which can also be used by the person who created it, as well as by other persons (users), who, in order to acquire the status of a legal user, must obtain permission to use it from the person who created such a database. It is substantiated that the norm that databases created to systematize data that is public information in accordance with the Law of Ukraine «On Access to Public Information» are not subject to a special kind of right (sui generis) requires specification, since it is unclear what legal regime applies to the specified databases, who owns the rights to the databases and how to exercise them. It is proved that a special law on databases should regulate the features of the exercise and protection of rights to databases in the digital environment, which is especially relevant in the conditions of the rapid development of technologies and innovations. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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- View/download PDF
55. ІНСТИТУТ АВТОРСЬКОГО ПРАВА В УМОВАХ РОЗВИТКУ ІНСТРУМЕНТІВ ГЕНЕРАТИВНОГО ШТУЧНОГО ІНТЕЛЕКТУ
- Author
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О. О., Кульчій
- Subjects
GENERATIVE artificial intelligence ,ARTIFICIAL intelligence ,COPYRIGHT ,TECHNOLOGICAL innovations ,INTELLECTUAL property - Abstract
The article addresses fundamental legal issues in the field of intellectual property arising from the rapid development of generative artificial intelligence. It explores the challenges posed to copyright law by the widespread adoption of artificial intelligence technologies. In particular, the study examines the legal regime of objects created with the assistance of artificial intelligence, the legality of using copyrightprotected works for training AI models, and specific issues related to the legal personality of AI. Based on an analysis of international judicial practice and contemporary regulatory instruments, including the recently adopted European Union Artificial Intelligence Regulation, the study examines ambiguous approaches to determining copyright for AI-generated objects. Practical cases from various jurisdictions, including court decisions from the United States and China, are analyzed to illustrate the variability in legal assessments regarding the interaction of i ntellectual property law and AI. The article offers an analysis of promising mechanisms for regulating legal relations in the field of study. These include the introduction of a collective rights management system (similar to extended or mandatory collective management), the establishment of mechanisms for fair compensation to rights holders, and the development of technical tools for identifying the origin of content. The study underscores the necessity of balancing the interests of AI technology developers, authors, and society's technological advancement needs. The article traces trends in legislative changes in the field of intellectual property and the regulation of artificial intelligence. In particular, it examines the provisions of the Artificial Intelligence Act, which imposes obligations on AI model developers to comply with copyright laws, including the requirement to disclose detailed reports on the content used for training AI models. The article emphasizes the importance of creating a legal environment that simultaneously fosters technological progress and robustly protects the rights and interests of authors. Effective regulation should be grounded in fundamental principles of fairness, transparency, and comprehensive consideration of the interests of all participants in intellectual property l egal relations. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
56. ЗДІЙСНЕННЯ І ЗАХИСТ АВТОРСЬКИХ ПРАВ У ЦИФРОВОМУ СЕРЕДОВИЩІ (В МЕРЕЖІ ІНТЕРНЕТ)
- Author
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Р. Є., Еннан
- Subjects
INTELLECTUAL property ,DIGITAL technology ,COPYRIGHT ,CIVIL code ,TREATIES - Abstract
The article considers certain problematic aspects regarding the implementation and protection of copyright in the digital environment (on the Internet). It has been established that the digital sphere (digital environment, the Internet) is developing at a rapid pace and is particularly relevant in terms of the use and protection of intellectual property rights. It is proven that the development of the digital sphere (digital environment, Internet) has led to the appearance of the latest objects (in particular, multimedia and digital works), new forms of creativity, new communication media (forms of communication), including an interactive environment. It is proven that in connection with the development of high technologies, the appearance of new objects of copyright and related rights with special, new properties, new types and methods of their use, new exclusive rights of creators (the right of access in interactive mode) have arisen. It was established that the national legislation of Ukraine and international treaties do not use the concept of «Internet» as a medium for the use of objects of copyright and related rights, as a place for communication, instead, the norms of domestic legislation (Civil Code of Ukraine, Law of Ukraine «On Copyright and Related Rights rights») contain broader concepts that apply to digital technologies, namely, reproduction, the right to distribute to the general public (disclosure, access). It has been established that for the legitimate use of copyright and related rights on the Internet, it is necessary to obtain permission from the subjects of copyright and related rights. It is substantiated that it is important to ensure effective and adequate protection of the intellectual property rights of creators, guarantee them appropriate compensation for the use of their objects, and encourage them to continue their creative activity. The need to establish certain exceptions and limitations of copyright and related rights in the interests of society in order to promote the development of education, science and culture has been proven. It has been established that the problems of legal inconsistency of legislation are becoming increasingly important as a result of the further development of the information society and the emergence of new forms of cross-border communications. It is substantiated that modern legislation in the field of copyright and related rights needs changes and additions to adequately reflect economic realities, new forms of use of objects, etc. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
57. ПРАВО ІНТЕЛЕКТУАЛЬНОЇ ВЛАСНОСТІ НА ТВОРИ, СТВОРЕНІ ШТУЧНИМ ІНТЕЛЕКТОМ: ПЕРСПЕКТИВИ МІЖНАРОДНО-ПРАВОВОГО ТА НАЦІОНАЛЬНОГО РЕГУЛЮВАННЯ
- Author
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А. С., Бугаєць
- Subjects
ARTIFICIAL intelligence ,INTELLECTUAL property ,TECHNOLOGICAL revolution ,COMPUTER networks ,INTERNATIONAL law - Abstract
The article considers the prospects for regulating intellectual property rights for works created with the use of artificial intelligence by means of international and national law. The definition of intellectual property under the law of Ukraine is revealed. It is established which objects are the subject of protection of such rights. It is emphasized that national regulation of intellectual property rights has an international dimension, since one state, as a rule, is unable to reliably protect intellectual property rights, which has become especially relevant in the era of glob alization and computer networks. The foundations of international legal regulation of intellectual property protection are considered. It is emphasized that this regulation was formed back in the 19th century with the adoption of the Paris Convention of 1883 and the Berne Convention of 1886, which were designed to protect the rights of individuals, but not artificial intelligence. The importance of the scientific and technological revolution is emphasized, which led to a new stage in the development of the creative activity of mankind, which began to use artificial intelligence. The challenges for intellectual property law, copyright and the very concept of authorship that have arisen with the development of artificial intelligence are studied. The uniqueness of artificial intelligence technology, which is capable of self-learning and independent processes of making creative decisions, is emphasized. The practical aspect of this issue is emphasized, which is that works created by artificial intelligence have already become the subject of commercial expl oitation. Different types of artificial intelligence and different options for solving the problem of intellectual property law for works using artificial intelligence are studied, in particular, granting such rights to developers, programmers, users, companies and the general public. It is emphasized that the importance of these problems will grow in the future, for which existing national legislation and international legal regulation are currently not ready. A conclusion is drawn about the prospect of creating a new entity within the framework of intellectual property law, namely the joint intellectual property law of artificial intelligence developers and its users. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
58. Similarity-based ranking of videos from fixed-size one-dimensional video signature.
- Author
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Mendes, Hugo and Seixas, Paulo
- Subjects
- *
GENETIC algorithms , *COPYRIGHT , *FEATURE extraction , *VIDEOS - Abstract
The amount of information is multiplying, one of the popular and widely used formats is short videos. Therefore, maintaining the copyright protection of this information, preventing it from being disclosed without authorization, is a challenge. This work presents a way to rank a set of short videos based on a video profile similarity metric, finding a set of reference videos, using a self-supervised method, without the need for human tagging. The self-supervised method uses a search based on a Genetic Algorithm, of a subgroup of the most similar videos. Similarities are calculated using the SMAPE metric on video signatures vectors, generated with a fixed size, using Structural Tensor, maximum sub matrix and T-SNE. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
59. Intellectual property and creative freedom within the cultural vernacular.
- Author
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Bevan-Mogg, Wendy
- Subjects
- *
CULTURAL property , *INTELLECTUAL property , *PROPERTY rights , *COLLECTIVE consciousness , *REAL estate business - Abstract
In a world dominated by the distribution of global media franchises, what are the impacts on creativity when intellectual property law seeks to control what can and cannot be written? The development of modern distribution mechanisms that allow corporations to distribute copyright protected works such as film franchises globally and across many different media has had a significant effect on the cultural vernacular. Generations are now growing up with storyworlds that are the intellectual property of multinational businesses, rather than within the public dimain (as might previously have been the case with folk stories and religious texts). With Jenkins' ideas of Participatory Culture perhaps sidestepping the consequences of intellectual property ownership, this paper looks to Hyde and others to question whether current intellectual property discourse properly acknowledges the issue of how the pervasive marketing of ringfenced storyworlds is affecting the creative community's relationship with the cultural vernacular when seeking to create commercially exploitable work. This paper argues that moral as well as legal questions must be raised regarding the extent to which corporations should be effectively allowed to own elements of the collective story consciousness and, as a consequence, to exert control over the creation of new works. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
60. Can text and data mining exceptions and synthetic data training mitigate copyright-related concerns in generative AI?
- Author
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Manteghi, Maryna
- Subjects
- *
GENERATIVE artificial intelligence , *TEXT mining , *ARTIFICIAL intelligence , *DATA mining , *DIGITAL technology - Abstract
Rapidly emerging generative artificial intelligence (GenAI) models stand at the epicentre of current public discourse. They demonstrate impressive abilities to generate various types of data promptly and cost-effectively. However, AI developers need to train their systems on massive volumes of data which is usually copyrighted. Therefore, the growth of copyright-related concerns in the field of GenAI comes as no surprise. The study introduces two solutions which could mitigate the tension between copyright holders and AI developers, one legal (text and data mining (TDM) exceptions of the CDSM Directive) and one technical (synthetic data), highlighting the promises and challenges of both. First, the article will discuss the capability of TDM exceptions to facilitate the fundamental right to information and the freedom of research in the context of AI development. Next, the paper will analyse how providers of GenAI models can leverage synthetic data to comply with copyright law while training their systems and what risks might be associated with this approach. The findings of this study will indicate what issues, in both legal and technical spheres, should be addressed to ensure a balance of powers in the digital environment and effective functionality of the EU AI sector. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
61. How to Regulate Platforms Through a Non-Exploitative User-Generated-Content Levy.
- Author
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Huang, Weijie and Chen, Xi
- Subjects
- *
FAIR use (Copyright) , *COPYRIGHT infringement , *COPYRIGHT , *SAFE harbor , *DILEMMA - Abstract
The democratization of technology to re-create content and make that content publicly available has spurred a wave of user-generated content (UGC), which has produced remarkable social and economic benefits. However, under current copyright law, UGC creators face the dilemma of being deterred from creating UGC because of the risk of copyright infringement, copyright owners can rarely obtain remuneration from UGC, and UGC platforms profit from UGC without being held liable for copyright infringement. Recent proposals to extend fair use and compulsory licenses to UGC creators and impose direct liability on UGC platforms cannot solve the UGC dilemma due to the inadequate or unreasonable regulation of UGC platforms. This study aims to solve the UGC dilemma by proposing a non-exploitative UGC levy on UGC platforms. We demonstrate the necessity of the non-exploitative UGC levy by conducting a comparative study of existing proposals and illustrate the feasibility of the non-exploitative UGC levy through an institutional analysis of its framework and enforcement mechanisms. Justification of the proposed levy and responses to possible criticism are also provided. The levy scheme also provides inspiration for how copyright law can address burgeoning artificial intelligence-generated content (AIGC). [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
62. Asymmetric fingerprinting protocol for vector map based on homomorphic encryption.
- Author
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Wang, Lei, Zhang, Liming, Zhang, Mingwang, Tan, Tao, Liu, Shuaikang, Zhang, Ziyi, and Wang, Pengbin
- Subjects
- *
VECTOR data , *COPYRIGHT , *MERCHANTS , *ALGORITHMS - Abstract
Most of the existing digital fingerprint algorithms for vector maps are symmetric fingerprint algorithms, and merchants may frame a legitimate buyer. An asymmetric fingerprinting protocol utilizing homomorphic encryption is proposed. First, the buyer encrypts his fingerprint. Then, this encrypted fingerprint and the merchant's fingerprint are embedded into an encrypted vector map by the merchant. Finally, the encrypted data with the fingerprints of both parties is distributed to buyers. The buyer can use his private key to decrypt the encrypted data and get the Non-encrypted data with the fingerprints. In this way, merchants can track illegal users without the buyer's fingerprint. Experimental results show that after various attacks, fingerprints can still be detected correctly. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
63. Moral rights and the protection of classics: A study of §51 in the Swedish Copyright Act of 1960.
- Author
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Fredriksson, Martin
- Subjects
- *
MORAL rights (Copyright) , *COPYRIGHT , *CULTURAL property , *LEGISLATORS , *ARTISTS - Abstract
This article examines §51 of the Swedish Copyright Act 1960, generally known as 'the protection of classics' in relation to international discourses on copyright in the mid-twentieth century. The provision in §51 protects works of cultural significance by deceased authors and artists against reproductions that are considered offensive, even if the works are in the public domain. This article analyses the arguments and motives that led Swedish legislators to draft §51 and contextualises them internationally. The origin of the protection of classics is rooted in the notion of a paying public domain, a provision which existed in various countries in the twentieth century that allowed the state to collect royalties for works in the public domain. In Swedish copyright law this economic right was reinterpreted as a moral right to protect classical works. Unlike conventional moral rights, this right aimed at protecting the interests of the public rather than the integrity of the author. The protection of classics, and to an extent the notion of a paying public domain, can be seen not so much as a regulation of intellectual property but more as a statement about cultural heritage. By showing how the protection of classics operated within the international discourse on copyright law of the twentieth century, this article explores the relation between moral rights, a paying public domain and cultural heritage. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
64. Synergistic Commutative Algorithm for Securing Vector Spatial Data via GD‐PBIBD Fingerprint Encoding and Data Encryption.
- Author
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Yan, Qingbo, Yan, Haowen, and Zhang, Liming
- Subjects
- *
VECTOR data , *DATA security failures , *HAMMING distance , *COPYRIGHT , *DATA security - Abstract
As a fundamental component that supports business connectivity and enables intelligent decision‐making, vector spatial data encounter increasing copyright and security challenges throughout their lifecycle. There is an imminent need for a comprehensive lifecycle protection solution to ensure data security and adherence to copyright laws. This study introduces an integrated protection scheme designed to address copyright and security issues across the entire lifecycle of vector spatial data. First, DNA encryption is applied to the vector spatial data, with the key subsequently encrypted using the RSA public key. Concurrently, GD‐PBIBD fingerprint encoding is used to generate a fingerprint sequence. Thereafter, this sequence is scrambled using logistic mapping, and a quantization mechanism embeds the scrambled fingerprint sequence into the coordinates. Subsequently, the RSA private key is used to decrypt the key and extract the fingerprint information. Finally, logistic mapping is employed to restore the fingerprint sequence, and Hamming distance calculations are used to identify colluding users and trace potential data leaks. Experimental studies indicate that the proposed DNA encryption algorithm is effective for various types of vector spatial data, including point, polyline, and polygon data. It features a large key space and high key sensitivity. Furthermore, the GD‐PBIBD fingerprint encoding is simple to construct, offers excellent imperceptibility, and provides robust resistance to both single‐ and multi‐user attacks. This research addresses the gap in full lifecycle copyright and security protection for vector spatial data and offers a holistic solution for secure data circulation, thereby demonstrating significant practical value. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
65. Creations generated by artificial intelligence in literary and artistic property: the new death of the author?
- Author
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Zollinger, Alexandre
- Subjects
- *
GENERATIVE artificial intelligence , *COPYRIGHT infringement , *INTELLECTUAL property , *ARTIFICIAL intelligence , *COPYRIGHT - Abstract
The development of generative artificial intelligence models is at the heart of two important debates in terms of copyright: firstly, does the use of previous works as training data constitute an infringement of copyright? The issue is utterly sensitive as creators fear a negative effect of these tools on their future careers. Secondly, what regime is applicable to "outputs", more precisely to textual, visual, musical or audiovisual contents generated by artificial intelligence? Are these works without an author? Are they protected by an intellectual property right, and if so, under what conditions and for whose benefit? These highly topical questions find a particular echo in the writings of the French semiologist and philosopher Roland Barthes (1915-1980), notably in his famous article entitled "The Death of the Author". The objectives of this study are, firstly, to present the questions raised by generative artificial intelligence in copyright law (mainly under the prism of French law, but also with regard to Romanian law, European law and court decisions taken on the subject in different countries), and, secondly, to determine to what extent the arguments developed by Roland Barthes, leading to relativising the role of the author, could contribute to current debates on this adaptation of copyright to generative artificial intelligence. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
66. Adequacy of Copyright Information or Documentation, the Need for Training in, and Evaluation of Mechanisms for Delivering Copyright Education in Academic Libraries in Ghana.
- Author
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Adu, Theresa L., Asare, Comfort Boatemaa, and Arthur, Charles Kofi
- Subjects
- *
LIBRARY users , *LIBRARY personnel , *FOCUS groups , *COPYRIGHT , *ACADEMIC libraries , *SCHOOL librarians , *ACADEMIC librarians - Abstract
With academic libraries becoming increasingly involved in copyright issues, the ability to responsibly identify a copyright-protected material is becoming important in the administration of reprographic materials in academic libraries. A mixed methods approach was employed to evaluate the adequacy of copyright information or documentation, the need for training, and the mechanisms for educating library users on responsible use of reprographic materials that ensures a balance of stakeholder rights. Quantitative data was collected from 38 library staff and 530 postgraduate students, while qualitative data was collected from four head librarians (through one-on-one interview sessions), and two groups of six postgraduate students each from two public and two private universities in Ghana (through focus group discussion sessions). Only 21.4 % stated that copyright information or documentation on copyright policies on their university campuses was adequate. Copyright education for both staff and students was generally low in all the four institutions. Only "classroom training" had significant impact on users' understanding of copyright laws and policies. "Professional associations," "study visits," and "consultant training" had little impact on the understanding of students about copyright laws despite most library staff being either "comfortable" or "very comfortable" with their level of knowledge on copyright issues. There is therefore the need to incorporate copyright issues in the school curriculum for students as well as institute CPD programs for professional librarians if academic librarians are to efficiently and adequately play their roles as agents of copyright education to the university community. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
67. A novel robust digital image watermarking scheme based on attention U-Net++ structure.
- Author
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Zhu, Liuhao, Zhao, Yi, Fang, Yixiang, and Wang, Junxiang
- Subjects
- *
DIGITAL image watermarking , *INFORMATION technology security , *COPYRIGHT , *FEATURE extraction , *PIXELS , *DIGITAL watermarking - Abstract
With the advancement of the internet, digital image watermarking techniques have found widespread application across various domains, including copyright protection and information security. However, traditional digital image watermarking techniques are susceptible to geometric distortions due to their limited feature extraction capabilities and reliance on manually designed watermark embedding algorithms. Recently, deep neural network-based digital watermarking has emerged as a promising approach due to its powerful nonlinear fitting ability, which has high robustness against various distortions, especially against geometric distortions. Most existing deep neural network-based digital watermarking frameworks employ U-Net style encoders, which may inadequately extract image features and exploit the correlation between secret messages and image pixels. Consequently, this results in a sub-optimal balance between visual quality and robustness. To overcome these limitations, a novel encoder called Attention U-Net++ that merges the advantages of U-Net++ and Attention U-Net is proposed. By incorporating the attention mechanism into the U-Net++ architecture, our proposed encoder effectively extracts image features and finds optimal pixel space for embedding messages, enhancing visual quality and robustness. Furthermore, a quadratic nonlinear growth loss weight setting based on the WGAN style discriminator is devised to enhance performance. Experimental results demonstrate that our proposed method achieves superior visual quality and robustness compared to the state-of-the-art schemes. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
68. Tech start-up capitalisation in an oligopolistic copyright industry: the case of the contemporary music industry.
- Author
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Watson, Allan, Leyshon, Andrew, and Windsor, George
- Subjects
- *
MUSIC industry , *COPYRIGHT , *NEW business enterprises , *VENTURE capital , *CORPORATE finance - Abstract
Over the past 25 years, the music industry has been radically transformed through the entry of venture capital funded digital platforms. This process continues, but whereas previous generations of tech companies successfully disrupted the industry, a new wave of MusicTech companies now seek to gain entry through collaboration and cooperation, reflecting a stabilisation of economic power in large record companies and platforms. In this paper we examine the business dynamics behind the evolving role of technology in the music industry. More specifically, we reveal the ways in which distinctive features of the music industry set considerable challenges to contemporary MusicTech entrepreneurs in relation to capitalisation and investor reluctance. Through a critical examination of MusicTech as a platform political economy, we draw attention to key business dynamics underpinning wider processes of platform reintermediation and capitalisation that are crucial in the contemporary restructuring of a wide range of economic sectors. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
69. Hybrid two-level protection system for preserving pre-trained DNN models ownership.
- Author
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Fkirin, Alaa, Moursi, Ahmed Samy, Attiya, Gamal, El-Sayed, Ayman, and Shouman, Marwa A.
- Subjects
- *
ARTIFICIAL neural networks , *COPYRIGHT , *WATERMARKS - Abstract
Recent advancements in deep neural networks (DNNs) have made them indispensable for numerous commercial applications. These include healthcare systems and self-driving cars. Training DNN models typically demands substantial time, vast datasets and high computational costs. However, these valuable models face significant risks. Attackers can steal and sell pre-trained DNN models for profit. Unauthorised sharing of these models poses a serious threat. Once sold, they can be easily copied and redistributed. Therefore, a well-built pre-trained DNN model is a valuable asset that requires protection. This paper introduces a robust hybrid two-level protection system for safeguarding the ownership of pre-trained DNN models. The first-level employs zero-bit watermarking. The second-level incorporates an adversarial attack as a watermark by using a perturbation technique to embed the watermark. The robustness of the proposed system is evaluated against seven types of attacks. These are Fast Gradient Method Attack, Auto Projected Gradient Descent Attack, Auto Conjugate Gradient Attack, Basic Iterative Method Attack, Momentum Iterative Method Attack, Square Attack and Auto Attack. The proposed two-level protection system withstands all seven attack types. It maintains accuracy and surpasses current state-of-the-art methods. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
70. A New(s) Copyright Balancing Act: How American Journalism Institutions Approached the Early Era of Artificial Intelligence and Fair Use.
- Author
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Boyles, Jan Lauren
- Subjects
- *
LANGUAGE models , *FAIR use (Copyright) , *ARTIFICIAL intelligence , *CITIZEN journalism , *FORUMS - Abstract
Given the significant investment needed to gather the news, American journalism institutions have historically sought to protect their copyrights. The legal principle of fair use interplays with the ability of users to reshape portions of cultural products to make transformative works. As Large Language Models that empower Artificial Intelligence platforms can be built upon news artifacts, copyright considerations have, to date, evolved faster than legal and regulatory frameworks can respond. Examining public comments submitted to the U.S. Copyright Office in 2023, this study provides a historical snapshot of how copyright was conceptualized by American journalism institutions in the earliest era of AI adoption within newsrooms. This study finds that this set of journalism institutions largely endorsed licensing arrangements for the legal (re)use of journalistic works. At the same time, as viewed through the lens of metajournalistic discourse, the comments provided another public forum for journalism institutions to publicly debate and define the boundaries of the news profession itself. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
71. MÎRÎ MALI VEYA BEYTÜLMÂL OLARAK SÜLEYMAN ÇELEBİ’NİN MEVLİD’İ.
- Author
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SONA, İBRAHİM
- Subjects
TURKISH literature ,SOCIAL cohesion ,COPYRIGHT ,FIFTEENTH century ,POETRY (Literary form) - Abstract
Copyright of Turkish Culture & Haci Bektas Veli Research Quarterly is the property of Turkish Cultur & Haci Bektas Veli Research Quarterly and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
- View/download PDF
72. GELENEKSEL OLMAYAN TELİF HAKLARI VE AVRUPA BİRLİĞİNDE VERİLMİŞ BAZI KARARLARIN TÜRK HUKUKU KAPSAMINDA İNCELENMESİ.
- Author
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ETAN, Aslı
- Subjects
INTELLECTUAL property ,COMPUTER programming ,TREATIES ,SMELL ,PERFUMES - Abstract
Copyright of Journal of Commercial & Intellectual Property Law (TFM) / Ticaret ve Fikri Mülkiyet Hukuku Dergisi is the property of Ankara Yildirim Beyazit University, Facult of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
73. CONSIDERING AI-GENERATED PAINTINGS AS ARTWORKS IN THE EU FOR THE PURPOSES OF MUSEUM EXHIBITIONS.
- Author
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Kikilashvili, Goga
- Subjects
ARTIFICIAL intelligence ,MUSEUM exhibits ,WORKS of art in art ,COPYRIGHT - Abstract
The presented article represents an attempt to assess the possibility and perspectives of considering AI-generated works as artworks and objects of museum exhibitions in the European Union. The purpose of the work is to assess whether AI-generated works can be recognized as artwork and if such works can be placed at museums or, on the contrary, if museums are eligible to exhibit and protect works that do not match the definition of the artwork. For the purposes of the article, legal definitions of the artwork and AI are primarily explored to detect possible authorship and legal subjectivity of the artificial intelligence. Accordingly, the next core topic of discussion is the capacity of museums to maintain ai-generated works explored from the perspective of the definition and purpose of museums as institutions. The article contains reasoning and assumptions regarding possible scenarios of the authorship of AI and prognoses about awaited legal challenges in the near future. Not all questions raised by the author are met with unambiguous answers, and they are left open for discussion until further development of legal frameworks and case law acquires a certain direction. [ABSTRACT FROM AUTHOR]
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- 2024
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- View/download PDF
74. مدى جواز رهن المصنف - دراسة مقارنة.
- Author
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هيوا إبراهيم الح and م. رؤشنا أكرم سعد
- Subjects
INDUSTRIAL property ,MORTGAGE-backed securities ,COPYRIGHT ,COMMERCIAL real estate ,COMPETENT authority - Abstract
Copyright of Journal of Anbar University for Law & Political Sciences is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
- View/download PDF
75. A study on copyright issues of different controlled digital lending (CDL) modes.
- Author
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Wang, Ying and Lipinski, Tomas A.
- Subjects
FAIR use (Copyright) ,CONTROLLED digital lending ,TRANSIENTS (Dynamics) ,LIBRARY administration ,SUSTAINABLE development - Abstract
In the recent years, CDL has been heatedly talked about, CDL should be treated objectively and rationally. Getting knowledge of CDL modes and their copyright issues is critical for sustainable development of CDL. Rather than CDL becomes a transient phenomenon as a result of many copyright hurdles. The paper will explore CDL modes by combing CDL practices and programs from research papers and official website documents of different library organizations. Then, based on legal frameworks of CDL in the US, Canada and the UK which are summarized, copyright issues of CDL modes are analyzed from perspectives of implementing institution, service resources, and usage mode. Finally, some copyright recommendations for sustainable development of CDL are proposed. We believe that library institutions can use CDL to advance their crucial mission for the public's interest through making sense of different CDL modes and their copyright issues and implementing some proposals about copyright processing. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
76. Intellectual Property Rights in Saudi Arabia and Their Compatibility with the World Trade Organization.
- Author
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Almalki, Adnan Ayza
- Subjects
INTELLECTUAL property ,COPYRIGHT ,COMPARATIVE method ,LEGAL history ,JUSTICE administration - Abstract
This paper aims to review Saudi Arabia's IPR system and analyze to what extent it complies with the WTO/TRIPS. The research looks into the history and the present legal system of IPR in Saudi Arabia. It also identifies the enforcement systems, and issues concerning compliance with international standards. With a comparative analysis method, the research assesses Saudi Arabia in comparison with the WTO guidelines and its neighboring countries regarding improving IPR protection. This research identifies progress in legislative and institutional development and gaps in enforcement efficiency and digital IP protection. The paper discusses measures to improve Saudi Arabia's IPR system to support innovation-based development and increase WTO compliance. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
77. BGH: Keine Panoramafreiheit für Drohnen-Luftaufnahmen.
- Subjects
AERIAL photographs ,COPYRIGHT ,FEDERAL courts ,PANORAMAS ,LIBERTY - Abstract
Copyright of Computer und Recht is the property of De Gruyter and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
- View/download PDF
78. Urheberrecht trifft Produktsicherheitsrecht: Urheberrechtliche Implikationen der KI-VO – Teil 1 — Urheberrechtliche Grundlagen, Pflicht zur Einführung einer Urheberrechtsstrategie und Trainingsdatenzusammenfassung.
- Author
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Pech, Sebastian
- Subjects
COPYRIGHT ,SAFETY regulations ,COMPUTER laws ,ARTIFICIAL intelligence ,LEGAL compliance ,ELECTRONIC publications - Abstract
Copyright of Computer und Recht is the property of De Gruyter and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
- View/download PDF
79. Chinese Abstracts.
- Subjects
COPPER ,DIMETHYL sulfoxide ,PHYSICS ,PUBLISHING ,COPYRIGHT - Abstract
The document from the Chinese Journal of Chemical Physics provides abstracts in Chinese on various topics related to chemical physics. It covers a wide range of subjects, including molecular structures, chemical reactions, and physical properties. The abstracts are detailed and informative, offering insights into the latest research and developments in the field of chemical physics. The document is a valuable resource for researchers and scholars interested in chemical physics and related disciplines. [Extracted from the article]
- Published
- 2024
- Full Text
- View/download PDF
80. Robust Hashing with Deep Features and Meixner Moments for Image Copy Detection.
- Author
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Yu, Mengzhu, Tang, Zhenjun, Liang, Xiaoping, Zhang, Xianquan, Li, Zhixin, and Zhang, Xinpeng
- Subjects
SINGULAR value decomposition ,FEATURE extraction ,COPYRIGHT - Abstract
Copy detection is a key task of image copyright protection. Most robust hashing schemes do not make satisfied performance of image copy detection yet. To address this, a robust hashing scheme with deep features and Meixner moments is proposed for image copy detection. In the proposed hashing, global deep features are extracted by applying tensor Singular Value Decomposition (t-SVD) to the three-order tensor constructed in the DWT domain of the feature maps calculated by the pre-trained VGG16. Since the feature maps in the DWT domain are slightly disturbed by digital operations, the constructed three-order tensor is stable and thus the desirable robustness is guaranteed. Moreover, since t-SVD can decompose a three-order tensor into multiple low-dimensional matrices reflecting intrinsic structure, the global deep feature calculation from the low-dimensional matrices can provide good discrimination. Local features are calculated by the block-based Meixner moments. As the Meixner moments are resistant to geometric transformation and can efficiently discriminate various images, the use of the block-based Meixner moments can make discriminative and robust local features. Hash is ultimately determined by quantifying and combining global deep features and local features. The results of extensive experiments on open image datasets demonstrate that the proposed robust hashing outperforms some state-of-the-art robust hashing schemes in terms of classification and copy detection performances. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
81. Imprint.
- Subjects
LAW reviews ,COPYRIGHT ,PUBLISHING ,ACQUISITION of manuscripts ,COMPUTER laws - Abstract
The article "Imprint" from the Computer Law Review International provides detailed information about the publishing house, Verlag Dr. Otto Schmidt KG, including contact information and subscription rates. It also outlines the schedule for publication, subscription options, and copyright and publishing rights for manuscripts. The journal is published six times a year and is free for subscribers to the journal COMPUTER UND RECHT. Subscribers can access the journal in print or eJournal format, with specific guidelines for manuscript submissions and copyright permissions. [Extracted from the article]
- Published
- 2024
- Full Text
- View/download PDF
82. Pelindungan Tari Ganjur Sebagai Ekspresi Budaya Tradisional Masyarakat Kutai di Kabupaten Kutai Kartanegara.
- Author
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Dwiputri, Nafila Maulani, Kuspraningrum, Emilda, Asufie, Khairunnisa Noor, and Triyana, Lily
- Subjects
COPYRIGHT ,CULTURAL property ,INTELLECTUAL property ,DANCE ,DANCE schools - Abstract
Copyright of Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) is the property of Dinasti Publisher and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
- View/download PDF
83. 'It's Me, Hi, I'm The Problem, It's Me': Re-recording as an alternative to statutory copyright reversion.
- Author
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Yuvaraj, Joshua
- Subjects
COPYRIGHT ,MUSIC - Abstract
This article examines re-recording of music as a way for artists to better capitalize on the popularity of their music. It does so in the context of Taylor Swift's wild success re-recording her albums following a dispute over the ownership of her original master recordings. It considers how re-recording can better protect authors against unduly imbalanced contracting dynamics with record companies than the main mechanism for doing so in copyright law, statutory reversion (where the law allows creators to reclaim assigned or licensed copyright outside the bounds of contracts). The article interrogates common law reversion schemes in the context of sound recordings, with a special focus on the USA's copyright 'termination' scheme (allowing creators to reclaim copyright after around 35 years). It then shows how re-recording may bypass reversion's problems, though re-recording carries significant risks that make its future uncertain, and which authors should be aware of. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
84. Introducing a droit de suite through NFTs in Japan: legal hurdles.
- Author
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Fafet, Manon
- Subjects
NON-fungible tokens ,COPYRIGHT - Abstract
The Droit de Suite (DDS), designed to offer heightened protection for artists, remains absent from Japan's legislative framework, potentially creating disparities among creators. The implementation of DDS in Japan encounters hurdles due to its administration's intricate nature and associated costs. Non-Fungible Tokens (NFTs) have emerged as a promising solution, streamlining DDS processes through token transactions and obviating the need for time-intensive identification procedures. Japanese NFT exchange platforms have already begun providing DDS services, contributing to a more efficient and equitable system. This article delves into the legal complexities of integrating NFTs into the DDS structure, examining their enforceability in Japanese courts and evaluating the efficacy of tokenization within the country. While the discussion is primarily theoretical, the paper explores the concept of DDS, scrutinizes the essence and validity of NFT technology's cornerstone—smart contracts, and explores the nuances of NFT transfers in Japan, a pivotal element for DDS implementation. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
85. Handling the open culture dilemma in museum management: an exploratory interdisciplinary study.
- Author
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Della Lucia, Maria, Dore, Giulia, and Umar, Rana Muhammad
- Abstract
As part of their evolving social and digital mission, museums are tasked with fostering sustainability and inclusion throughout the physical-digital continuum and increasingly focus on accessible, participatory and representative culture. While openness is key in the service of society, museums face an open culture dilemma as copyright complicates their decision-making. Despite the topic's relevance, research is limited: little has been done to integrate the management and copyright domains, and the legal viewpoint predominates. This theoretical study adopts an interdisciplinary perspective to shed light on the open culture dilemma affecting museum strategies and practices. These aspects are closely intertwined with ethical issues and reveal contrasting perspectives within managerial and copyright frameworks. Building on convergence-divergence discourses on openness/closure of culture in these disciplines, the authors designed an exploratory matrix of approaches to open culture management in relation to copyright in museums to be operationalised and tested through empirical analysis. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
86. Towards AI Copyright Equilibrium.
- Author
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Dermawan, Artha
- Subjects
GENERATIVE artificial intelligence ,NORMATIVITY (Ethics) ,PERCEPTION testing ,COPYRIGHT ,PUBLIC interest - Abstract
To balance generative AI (GenAI) innovation with the protection of copyright for authors and performers, it is necessary to recalibrate the concept of "public interest." This recalibration is crucial to ensure that authors and performers receive fair and equitable remuneration for their contributions while facilitating public access to knowledge and cultural expressions. Such a redefinition is also aimed at addressing current challenges, including fair use, open access, and the democratization of information within the AI industry. Drawing on Virginia Held's typology of public interest theory, this article suggests that adjustments to the notion of public interest should include establishing a balance through either a majority of individual interests or empirical data; aligning with the collective interests that receive societal endorsement; and evaluating public interest based on normative content and moral judgment, utilizing the principle of enjoyment and the public perception test in copyright law. While various theoretical frameworks could be used to conceptualize public interest, the article proposes an approach that explicitly defines copyright objectives and harmonizes the rights of authors and performers with the public's right to access creative works. Such harmonization could be achieved through an integrative methodology that combines evidence-based analysis, consensus among stakeholders without conflicting interests, and normative evaluations rooted in societal ethics. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
87. AI and Education ∙ Ethical and Legal Implications of Generative AI Use in Education.
- Author
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Thiébaut, Renata
- Subjects
GENERATIVE artificial intelligence ,INTELLECTUAL property ,AMERICAN law ,CRIME ,INTELLECTUAL property infringement - Abstract
The document explores the ethical and legal implications of using generative AI in education, focusing on issues such as plagiarism, copyright infringement, and academic misconduct. It discusses the challenges of adapting AI in education and the need for internal policies to regulate its use. The text also highlights court cases and legal frameworks in different jurisdictions, emphasizing the importance of addressing potential legal consequences associated with AI technology in education. Additionally, it mentions the evolving laws in China and the European Union to regulate generative AI and ensure compliance with copyright laws. [Extracted from the article]
- Published
- 2024
- Full Text
- View/download PDF
88. Perlindungan Hukum Terhadap Hak Cipta Penyanyi dalam Era Digital: Studi Kasus Penipuan Penjualan Lagu Palsu.
- Author
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Djaafara, Aryuni Fitri and Rahaditya, R.
- Subjects
COPYRIGHT of music ,ARTIFICIAL intelligence ,COPYRIGHT misuse ,COPYRIGHT infringement ,COPYRIGHT of digital media - Abstract
Copyright of Jurnal Pendidikan Indonesia is the property of Publikasi Indonesia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
- View/download PDF
89. The Importance of Authentic Copyright Documentation for Web-Based Computer Programs (Web-Log Design for Online Ojek Pioneer) as Legal Proof of Ownership.
- Author
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Morris, Khalisha Adela and Rahaditya, R.
- Subjects
DIGITAL technology ,TECHNOLOGICAL innovations ,ARTIFICIAL intelligence ,COMPUTER software - Abstract
Weblog design is a work of web-based computer programs that can be protected in terms of coding and display. In the competition of businesses to market their products/services, weblogs are a powerful mainstay to win the competition. With the sophistication of Web 3.0 technology, it can make a website a dynamic and attractive digital platform. However, in some cases of copyright infringement, the existence of web applications is still underestimated and even considered only an unprotected concept. The purpose of this study is to analyze illegal acts for alleged copyright infringement of the Online Ojek Pioneer weblog. The research methods used are normative-prescriptive with a legal, case, and conceptual approach. Data processing from primary, secondary, and tertiary legal sources through literature studies. The analysis was carried out with deductive syllogism. From the results of the study, it can be explained that weblogs are one of the digital works that should be protected. It fulfills the elements of fixed, form, and originality, where the invisible side of the source code is a work of literate work while the appearance is the artwork. Documentation of the authenticity of each work is important to be prepared early because it will be strong evidence when stumbling upon copyright disputes. Suggestions to the DJKI to develop systematic General Data on Creations as a reference for creators to anticipate no copyright infringement and for judges to explore legal findings related to the diversity of computer programs to more accurately determine decisions related to the copyright of web-based computer programs. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
90. Ethical and legal aspects of using generative artificial intelligence technologies in preparing qualification and scientific papers
- Author
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V. V. Ivanov, A. Yu. Nesterov, and I. P. Yanchenko
- Subjects
generative artificial intelligence ,chatgpt ,openai ,yandexgpt ,gigachat ,higher education ,qualification work ,subjectivity ,copyright ,History (General) ,D1-2009 ,Language and Literature - Abstract
The article is devoted to the issue of using generative AI in the higher education system of the Russian Federation. The relevance of this issue is due to the avalanche-like growth in the use of generation by students and postgraduates in the 2023/24 academic year, the heated discussions that arose in this regard within universities, a series of publications in the media, the lack of development of the legal aspects of the use of generation, the ambiguity of its ethical grounds and consequences. The goal of the authors' collective is to formulate a collective position of teachers of classical humanitarian knowledge, which consists in the inadmissibility of using generative AI in the preparation of qualification and scientific papers. The work examines the regulatory aspects of the use of generation, conducts an experimental study of generative systems popular in the Russian-speaking space, and formulates a fundamental threat to subjectivity at the level of the individual and the collective, arising in connection with the use of generative AI. The general conclusion of the work is the need for careful legal and ethical regulation of the areas and methods of using generative systems in higher education.
- Published
- 2025
- Full Text
- View/download PDF
91. The Lawfulness of Using Copyrighted Works for Generative AI Training : A Case Study of a US Lawsuit against OpenAI and Perplexity AI
- Author
-
Stefany Ismantara and Wilma Silalahi
- Subjects
copyright ,copyrighted works ,generative artificial intelligence ,Law - Abstract
Copyright protection in Indonesia is governed by Law No. 28 of 2014 (Law 28/2014), encompassing moral and economic rights. This law imposes limitations on the use of works for education, law enforcement, or technological development as long as such use does not harm the legitimate interests of the rightholder. The development of generative AI (GAI) poses challenges in determining the legality of using copyrighted works for GAI training. This study examines copyright regulations concerning GAI through normative, conceptual, and comparative legal approaches, including case studies on lawsuits against OpenAI and Perplexity AI. The findings indicate that the legality of using copyrighted works depends on the data input process and output (responses). Data scraping is considered an economic right of the rightholder, classified as reproduction under Article 9 of Law 28/2014. If such acts are conducted without the rightholder’s consent and for commercial purposes, they are deemed unlawful under Indonesia’s current copyright law. GAI outputs may also infringe copyright if: (1) the source is not cited, violating Article 7 on copyright management information; (2) substantial portions of the work are reproduced, violating the rightholder's economic rights under Article 9; or (3) the work is distorted in a way that harms the rightholder’s honor, infringing on moral rights under Article 5. To accommodate AI development, specific regulations integrating AI transparency principles outlined in SE Kominfo 9/2023 are required. These regulations could include obligations for AI companies to release summaries of training datasets, include Uni EropaLAs that define the responsibilities of AI developers and users, and provide disclaimers regarding AI's limitations. Regarding the fulfillment of rightholders’ economic rights, a non-exclusive blanket license through Collective Management Organizations (CMOs) as stipulated in Permenkumham 15/2024 is necessary. These regulations should be synchronized with related policies to establish legal certainty that adapts to technological advancements.
- Published
- 2024
- Full Text
- View/download PDF
92. The legal relevance of unilateral copyright statements on websites
- Author
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D. I. Shmatkov, D. V. Pashniev, O. V. Khliestkov, and S. O. Kolomiitsev
- Subjects
all rights reserved ,all rights protected ,copyright ,website ,web page ,scientific institutions. ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 - Abstract
The presented study is aimed at determining the current state of the legal context and legal consequences of the formulation of certain components of unilateral copyright statements on websites. In the research process, such methods as analysis and synthesis, induction and deduction, methods of generalization, study of documentation and methods of descriptive statistics were used. In order to interpret various options of legal aspects of the use of the mentioned statement, an empirical study was conducted which included the study of the main web pages of scientific institutions that receive state support in 2024. The study was conducted in November 2024. The web page availability and order validity with marker “valid” filters were used. The original sample was reduced because about 10 % of the websites listed in the document were not functional and some appeared twice in the document. The final sample consisted of 121 websites. The choice of websites of scientific institutions is justified by two factors: the specifics of the activity, which involves the generation of large volumes of original works and the paradigm of open science which imposes new requirements on copyright management. It has been established that the use of a unilateral copyright statements is quite complex and debatable. Trends in the wording of copyright statements on websites belonging to Ukrainian scientific institutions have been determined. The legal context and legal consequences of the formulation of certain components of unilateral copyright statements on websites in the projection of current regulation have been established. Based on such data, a generalized assessment of the legal responsibility of website owners in the context of the raised issue has been provided. The prospect of further exploration is to investigate the behaviour patterns and the level of legal responsibility of users in connection with unilateral statements of website owners.
- Published
- 2024
- Full Text
- View/download PDF
93. Uniri Digital Library – Supporting Open Science at the University of Rijeka
- Author
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Branka Turk, Ivana Dorotić Malič, and Sandra Cuculić
- Subjects
digital library ,repository ,open access ,copyright ,Bibliography. Library science. Information resources - Abstract
Goal: The main objective of this paper is to investigate, analyse and present how the Uniri Digital Library is organised. Methodology: The paper gives an overview of important activities which the University of Rijeka Library has in cooperation with the University of Rijeka and the University constituents2 taken to increase the number of objects stored and published in the institutional repositories. Results: The paper analyses digital objects stored and published in the Uniri Digital Library by the type of papers and openness. The analysis has identified insufficient openness of objects in spite of legal regulations and storage obligations on the national and institutional levels. Data suggests that it is necessary to establish new evaluation and reward system in implementing the practices of open science, but also to continuously perform education and raise awareness about the importance of open scientific information. Originality: The paper presents the theoretical concept and the legal framework for the establishment of the Uniri Digital Library. Until the adoption of the Digital Library Standard, the Uniri Digital Library was called University of Rijeka3 Repository.
- Published
- 2024
- Full Text
- View/download PDF
94. Copyright Regulation for AI-Generated Images Legal Approaches in Indonesia and the United States
- Author
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Made Doni Darma Dananjaya Raharja, Ida Ayu Sadnyini, and Michael Angelo
- Subjects
copyright ,ai-generated ,images. ,Law - Abstract
Introduction: The background of this research addresses the generated image by Artificial Intelligence whether it is protected by copyright, it is based on creating an image is usually created directly by the person, but in this context the image created is made by artificial intelligence. Purposes of the Research: The purpose of this research first to determine the copyright arrangements against images created by artificial intelligence in Indonesia and then to find out related copyright arrangements in the United States related to images generated by artificial intelligence. Methods of the Research: This research uses normative legal research methods, and the approach used is normative legal research on the basis of the vagueness of norms related to images that degenerate by copyright including copyright. The approach used in this research is a conceptual approach, statutory approach, analytical approach, and comparative approach. Results of the Research: The images generated by AI are protected by copyright, but the subject that is actually protected is the human who commanded the AI to create the image. Where only humans are considered legal subjects that can protect their work. Although AI can create works, AI itself is not considered to have the morality necessary for copyright law protection. Therefore, in the event that an AI creates a work, copyright law protection is extended to the human controlling the AI as the actual creator.
- Published
- 2024
- Full Text
- View/download PDF
95. The Evolving Role of Copyright Law in the Age of AI-Generated Works
- Author
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J. Hutson
- Subjects
artificial intelligence ,copyright ,copyright protection ,digital technologies ,generative artificial intelligence ,intellectual property right ,law ,machine learning technologies ,prompt engineering ,work of art ,Law - Abstract
Objective: to identify the prospects and directions of copyright law development associated with the increasing use of generative artificial intelligence.Methods: the study is based on the formal-legal, comparative, historical methods, doctrinal analysis, legal forecasting and modeling.Results: the article states that the emergence of generative artificial intelligence makes one rethink the processes occurring in the field of creative activity and the traditional copyright system, which becomes inadequate to modern realities. The author substantiates the necessity of legal reassessment of copyright and emphasizes the urgent need for updated means of copyright protection. Unlike previous digital tools, which expanded human creativity by improving original works, generative artificial intelligence creates content through complex algorithmic processes, blurring the boundaries of authorship and originality. The research shows limitations of existing intellectual property law, as courts deny copyright in works created by artificial intelligence and insist on the need for “human authorship”. Such decisions emphasize the contradiction between existing laws and the reality of co-creation involving artificial intelligence. It is argued that taking into account the creative potential of generative artificial intelligence will facilitate the evolution of copyright law towards hybrid approaches, with artificial intelligence as an integral, albeit secondary, tool. It seems promising to create flexible intellectual property standards that give artists the opportunity to restrict or authorize the use of their works as training data for artificial intelligence, as well as ensure that authors retain control over their works included in datasets for training artificial intelligence, in case copyright metadata is integrated into digital works, etc.Scientific novelty: based on the analysis of the latest judicial precedents, modern international regulations and evolving institutional practices, the author proposes a balanced adaptive approach to copyright reform to ensure the ethical integration of generative artificial intelligence into the creative ecosystem and to develop flexible copyright protection measures that correspond to the rapid technological progress.Practical significance: the proposed combined approach will allow generative AI tools to become part of the human creative process in the same way that previous generations used digital tools. At the same time, it will contribute to the creation of an environment where the autonomy of authors is respected. This will not only protect the creators of creative content, but also broaden the understanding of creativity as a collaboration with generative artificial intelligence, where artificial intelligence is positioned as a force that complements but not replaces humans in creativity.
- Published
- 2024
- Full Text
- View/download PDF
96. Prompts for generative artificial intelligence in legal discourse
- Author
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Alexander E. Kirpichev
- Subjects
ai ,generative models ,prompts ,legal actions ,copyright ,legal practice ,legal education ,standardization of prompts ,human-ai interaction ,legal regulation of ai ,Law - Abstract
The development of generative models of artificial intelligence (AI) poses new challenges for legal science and practice. This requires understanding of the legal nature of prompts (queries to AI) and development of appropriate legal regulation. The article aims to determine the legal significance of prompts and outlines the prospects for their research in the context of the interaction between law and AI. The study is based on the analysis of contemporary scientific literature devoted to the problems of legal regulation of AI, as well as investigation of the first cases of the use of generative AI models in legal practice and education. Methods of legal qualification, comparative legal analysis, and legal modeling are applied. Prompts are qualified as legal actions (legal facts in the strict sense), which opens the path to addressing the applicability of copyright criteria to them. The potential and risks of using prompts in legal practice and education are identified, and the need for standardizing prompts and developing specialized methods for teaching lawyers to interact with AI is substantiated. Prompts, as a tool for human-AI interaction, represent a fundamentally important subject of legal research, upon which the prospects for AI application in law largely rely. The article concludes that interdisciplinary and international studies are necessary to unite the efforts of legal professionals, AI specialists, and the generative models themselves in developing optimal legal solutions.
- Published
- 2024
- Full Text
- View/download PDF
97. Ownership of Artificial Intelligence-Generated Works: An Overview of the Emerging Intellectual Property Challenges in the Technology Era
- Author
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Ahmad Fadavi and Mohsen Lal Alizadeh
- Subjects
artificial intelligence ,intellectual property ,copyright ,patent ,publication rights ,Islamic law ,KBP1-4860 - Abstract
∴ Introduction ∴ The inception of artificial intelligence (AI) as a transformative force in modern society has presented novel challenges across various domains, particularly within the realm of intellectual property (IP) law. Traditionally, IP laws have been predicated on the notion that creativity and invention are inherently human attributes, thereby granting protection exclusively to works generated by human authors. However, the rapid evolution and sophistication of AI has alleviated the gap between human and machine-generated outputs, challenging the foundational principles upon which IP law is built. As AI systems increasingly demonstrate capabilities akin to human creativity, such as generating artworks, music, literature, and even innovative technological solutions, the question of ownership and protection of these AI-generated works becomes more pressing. Historically, the attribution of authorship in computer-generated outputs was straightforward; the person who legally utilized the computer system was considered the author. However, with AI's capacity to autonomously generate complex and creative works, this traditional approach to authorship is no longer adequate. AI’s role in the creation process varies from being a mere tool used by human creators to being an independent creator of works with minimal human intervention. As AI continues to develop and integrate into more aspects of society, the implications for IP law become increasingly complex and far-reaching. This paper seeks to explore these complexities and offer a comprehensive analysis of the ownership issues related to AI-generated works. The discussion delves into the theoretical underpinnings of IP law, the economic implications of AI innovations, and the potential need for legal reforms to address the challenges posed by non-human creators. By examining these issues, the article aims to provide clarity and propose solutions that balance the interests of creators, innovators, and society at large. ∴ Research Question ∴ The central research question guiding this study is: who owns the intellectual property rights to works generated by artificial intelligence? This question is further subdivided into several key inquiries: Can AI be recognized as the owner of the intellectual property it generates? If not, who should be considered the rightful owner of these AI-generated works—the developer, the user, or some other party? How do existing IP frameworks across different legal systems address or fail to address the issue of AI-generated works? What are the potential economic and commercial implications of the lack of clear ownership rights for AI-generated works? These questions are critical as they address the foundational elements of IP law and its application to emerging technologies. The resolution of these questions will have significant implications not only for legal theory but also for the practical aspects of innovation, investment, and the development of AI technologies. ∴ Research Hypothesis ∴ The research is grounded in the hypothesis that the ownership of AI-generated works should be legally recognized to promote innovation and economic growth. This hypothesis is based on the premise that recognizing ownership rights in AI-generated works is essential for several reasons: Incentivizing innovation: legal recognition of ownership rights is crucial for encouraging further investment in AI. Without such recognition, the risk of investing in AI may outweigh the potential rewards, leading to a slowdown in technological advancement. Economic Fairness: companies and individuals who invest significant resources into developing AI technologies should have their investments protected. If AI-generated works are not protected, these entities could face unfair competition from others who freely use their innovations without compensation. Legal Clarity: The current ambiguity in IP law regarding AI-generated works could lead to legal disputes and inconsistencies in court rulings. Establishing clear ownership rules will provide legal certainty and reduce the potential for litigation. ∴ Methodology & Framework, if Applicable ∴ This research adopts a comparative-doctrinal methodology to analyze the treatment of AI-generated works across different legal systems. The study is structured to explore both theoretical and practical dimensions of the issue, with a focus on how various jurisdictions are addressing—or failing to address—the ownership of AI-generated intellectual property. Comparative Analysis: The research begins with a comparative analysis of IP laws in several jurisdictions, including the United States, European Union, Japan, and others. By examining how different legal systems approach the question of AI-generated works, the study aims to identify commonalities, differences, and potential gaps in the current legal frameworks. Doctrinal Approach: The doctrinal approach involves a detailed examination of legal texts, case law, and statutes relevant to IP law and AI-generated works. This approach is essential for understanding how existing laws might be interpreted or adapted to address the new challenges posed by AI. The research critically analyzes legal doctrines such as authorship, originality, and creativity, assessing their applicability to AI-generated works. Economic and Investment Justifications: In addition to the legal analysis, the research also considers the economic and investment implications of recognizing or not recognizing ownership rights in AI-generated works. This aspect of the study involves an analysis of market trends, investment patterns in AI technologies, and the potential economic impact of different legal approaches to AI-generated works. ∴ Results & Discussion ∴ The analysis of AI-generated works under current intellectual property (IP) laws reveals a significant gap between the traditional legal frameworks and the challenges posed by emerging technologies. The results of this study indicate that existing IP laws are inadequate to address the complexities associated with works created by artificial intelligence, primarily because these laws are predicated on the notion of human authorship. The inability of traditional IP law to recognize non-human entities as creators or authors leads to significant ambiguity regarding the ownership and protection of AI-generated works. Ownership and Authorship of AI-Generated Works: One of the key findings of this paper is that the traditional concept of authorship, which ties the creation of a work to human ingenuity and effort, is becoming increasingly problematic in the context of AI-generated works. As AI systems become more autonomous in their creative processes, the distinction between human-created and machine-generated works blurs. This blurring raises the question of whether the law should adapt to recognize AI as a potential author or whether the law should continue to focus on the human elements in the creation process. It is shown that the British model, which grants ownership rights to the person who enables the operation of the AI, appears to be the most practical and effective approach. This model ensures that the entities investing in AI technology are rewarded for their contributions, thereby encouraging continued innovation and investment. By recognizing the programmer, user, or entity that initiates the AI’s creative process as the owner of the resulting work, the law can maintain the incentive structures that underpin IP law. However, this approach is challenging. One of the key concerns is determining the extent of human involvement necessary to claim ownership. In scenarios where the human contribution is minimal—such as merely pressing a button to initiate the AI’s creative process—there is debate over whether this should be sufficient to warrant full ownership rights. This issue becomes even more complex when considering AI systems that are capable of learning and evolving independently of human input, potentially leading to the creation of works without any direct human intervention. Economic and Legal Implications: The research also highlights the significant economic and legal implications of not adequately addressing the issue of AI-generated works. Without clear ownership rights, the economic incentives for investing in AI technologies could be undermined. Companies and individuals may be less willing to invest in AI research and development if the outputs of their investments are not protected under IP law. This could slow down technological progress and innovation, particularly in sectors where AI has the potential to drive significant advancements. Additionally, the lack of clear legal guidelines could lead to an increase in litigation as parties seek to assert ownership over AI-generated works. The study suggests that resolving disputes on a case-by-case basis, as seen in judicial practices like the "Nova Productions Ltd. v. Mazooma Games Ltd." case, may provide a temporary solution. However, relying on case-by-case adjudication is likely to result in inconsistent outcomes and could contribute to legal uncertainty, making it difficult for businesses to navigate the landscape of AI-generated works. Judicial and Legislative Approaches: The research finds that judicial approaches to AI-generated works have thus far been limited and inconsistent. Courts have generally been hesitant to extend IP protection to non-human creators, often defaulting to traditional interpretations of authorship and creativity. However, as AI becomes more prevalent, there is a growing recognition that legislative reform may be necessary to address these challenges systematically. One possible legislative approach is to create a new category of IP that specifically addresses AI-generated works. This new category could establish criteria for determining ownership based on the level of human involvement, the nature of the AI’s creative process, and the economic impact of the work. Such legislation would need to balance the need for innovation and investment with the principles of fairness and equity, ensuring that all stakeholders—developers, users, and society at large—are adequately protected and rewarded. ∴ Conclusion ∴ In conclusion, the rapid development of AI technologies presents significant challenges to the current intellectual property framework, particularly in the context of ownership and authorship of AI-generated works. The study underscores the necessity of adapting IP laws to address these challenges, as the traditional concept of human authorship becomes increasingly difficult to apply in the digital age. The British model, which attributes ownership to the person or entity that enables the AI’s creative process, emerges as a viable solution. This approach balances the need to protect investments in AI technology with the recognition that human involvement in the creative process may vary significantly. By granting ownership rights to those who initiate the AI’s operations, the law can ensure that innovation continues to be incentivized while also providing a clear legal framework for AI-generated works. However, the study also recognizes that this approach has its limitations. The minimal human intervention required in some AI-generated works raises questions about the adequacy of this model in all cases. There is a need for further refinement of the legal framework to address scenarios where AI operates with significant autonomy, potentially creating works with little to no human input. The economic implications of failing to address these issues are considerable. Without clear ownership rights, the incentive for investment in AI technologies could be diminished, slowing the pace of innovation and potentially stifling the development of new technologies that have the potential to benefit society as a whole. Moreover, the lack of legal clarity could lead to increased litigation, creating further uncertainty and potentially hindering the growth of industries reliant on AI. As AI continues to evolve, so too must the laws that govern the ownership and protection of the works it generates. The study suggests that a combination of legislative reform and judicial interpretation will be necessary to create a robust and adaptable IP framework capable of addressing the unique challenges posed by AI-generated works. By doing so, the law can ensure that the benefits of AI technology are realized while also protecting the rights and interests of all stakeholders involved.
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- 2024
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98. Mining, Scraping, Training, Generating: Copyright Implications of Generative AI.
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Centivany, Alissa
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GENERATIVE artificial intelligence , *COPYRIGHT , *SOCIOTECHNICAL systems , *DECISION making , *INFORMATION policy - Abstract
Generative AI (GenAI) impacts the ways we create, engage with, and understand creative and intellectual works. These new forms of sociotechnical (inter)action pose challenges for existing legal regimes, ethical frameworks, and social relationships. This research undertakes an in‐depth copyright analysis of GenAI based on U.S. law, focusing on its fair use doctrine and conceptions of transformation. This work finds that courts' characterization of uses as primarily either "expressive" or "mediating" is an important, though often implicit, factor in their decisions. Furthermore, while "transformative use" has dominated fair use decisions for the past thirty years, findings from this research suggest that GenAI may usher in a renewed emphasis on the doctrine's market harms element which, in application, may be dispositive with respect to GenAI outputs. This work concludes by offering recommendations aimed at clarifying that the value of copyright arises from social and relational aspects of creative practice and sociotechnical transformation. Arguments and rationales that (over)emphasize atomization and algorithmic decontextualization of the material properties of creative works are unlikely to attend to the underlying purpose of the Act: "[t]o promote the Progress of Science and the useful Arts". [ABSTRACT FROM AUTHOR]
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- 2024
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99. Can AI Have a Signature: Legal Ownership and Authorship of Creative Materials Involving Artificial Intelligence
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Rabago, Gabriela
- Subjects
AI ,Copyright ,Authorship ,Ownership ,AI-Generated ,Technology - Abstract
The question of authorship and legal ownership in AI-generated creative materials has become a contentious issue on an international level. This paper investigates the complexity of attribution of legal copyrights within the framework of the U.S. Copyright Law system and explores potential solutions to this evolving dilemma. The U.S. Copyright Law, rooted in the protection of inventors' exclusive rights, extends to both authors and owners, intending to safeguard intellectual property in the judicial field. AI-generated works, however, present a unique issue as they blur the lines of authorship in presented works. The U.S. Copyright Office, while expressing interest in addressing these issues, currently rejects applications attributing AI as the primary creator due to historical legal precedents, marking uncertainty with both creators and the general public about the future of commercialized AI-generated works. This paper highlights the intricate legal and philosophical questions surrounding AI and copyright law, emphasizing the need to carefully consider the roles and responsibilities of both AI and its users in the creative process. As AI technology continues to evolve, these debates will shape the future of copyright law's application to AI-generated works. The current application of AI in the creative process does fit within the U.S. Copyright Law, but with further evolution, the scope of human involvement could be reduced.
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- 2024
100. Impossibility of artificial inventors
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Blaszczyk, Matt
- Published
- 2024
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