Blockchains, Orphan Works, and the Public Domain, 41 Colum
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Orphan Works and Mass Digitization Report
united states copyright office Orphan Works and Mass Digitization a report of the register of copyrights june 2015 united states copyright office Orphan Works and Mass Digitization a report of the register of copyrights june 2015 U.S. Copyright Office Orphan Works and Mass Digitization ACKNOWLEDGMENTS This Report reflects the dedication and expertise of the Office of Policy and International Affairs at the U.S. Copyright Office. Karyn Temple Claggett, Associate Register of Copyrights and Director of Policy and International Affairs, managed the overall study process, including coordination of the public comments and roundtable hearings, analysis, drafting, and recommendations. I am also extremely grateful to Senior Counsel Kevin Amer and Attorney- Advisor Chris Weston (Office of the General Counsel), who served as the principal authors of the Report and made numerous important contributions throughout the study process. Senior Advisor to the Register Catie Rowland and Attorney-Advisor Frank Muller played a significant role during the early stages of the study, providing research, drafting, and coordination of the public roundtable discussions. In addition, Ms. Rowland and Maria Strong, Deputy Director of Policy and International Affairs, reviewed a draft of the Report and provided important insights. Barbara A. Ringer Fellows Michelle Choe and Donald Stevens provided helpful research and analysis for several sections of the Report. Senior Counsel Kimberley Isbell, Counsels Brad Greenberg and Aurelia Schultz, Attorney-Advisors Katie Alvarez and Aaron Watson, and Law Clerk Konstantia Katsouli contributed valuable research and citation assistance. Finally, I would like to thank the many interested parties who participated in the public roundtables and submitted written comments to the Office. -
Reform(Aliz)Ing Copyright
SPRIGMAN FINAL 12/17/2004 3:36 PM REFORM(ALIZ)ING COPYRIGHT Christopher Sprigman* INTRODUCTION...................................................................................................... 486 I. THE TRADITIONAL CONTOURS OF “CONDITIONAL” COPYRIGHT ....................... 491 A. Formalities in the Early Copyright Statutes ................................................ 491 B. From Conditional to Unconditional Copyright ........................................... 494 1. Voluntary registration and notice............................................................. 494 2. Renewal .................................................................................................... 498 II. FORMALITIES AND THE “TRADITIONAL CONTOURS” OF CONDITIONAL COPYRIGHT .............................................................................................................................. 500 A. Recording Ownership.................................................................................. 500 1. “Signaling” .............................................................................................. 501 2. Maximizing private incentives .................................................................. 501 B. Formalities as a Copyright “Filter”............................................................ 502 1. Registration and notice............................................................................. 502 2. Renewal .................................................................................................... 519 3. Effect -
Joseph Gao EAS 499: Senior Thesis Advisor: Brett Hemenway [DRAFT]
Joseph Gao EAS 499: Senior Thesis Advisor: Brett Hemenway [DRAFT] Introduction to Cryptocurrencies for Retail Investors 1. ABSTRACT In the year 1998, roughly seven years before the smartphone revolution, (2007 marked the release of the iPhone, which arguably kicked off the ‘always online’ era that we live in today), Wei Dai published a proposal for an “anonymous, distributed electronic cash system”.(http://www.weidai.com/bmoney.txt). In the paper, Dai introduced two protocols to achieve his proposal - the first using a proof of work function as a means of creating money, and the second defining a set of servers responsible for keeping accounts, which must be regularly published, and verify balances for the other participants in the decentralized system. While B-money never took off, in part due to the impractical requirement of the first protocol that asks for a broadcast channel that is synchronous and unjammable, Wei Dai’s proposal planted the seeds of an idea that would later inspire Satoshi Nakamoto to publish the Bitcoin: A Peer-to-Peer Electronic Cash System white paper. This publication sparked a renewed wave of interest in distributed payment systems and resulted in thousands and thousands of new proposals and protocols to be developed in the next ten years. 2. INTRODUCTION The year of 2017 showed immense mainstream adoption in a number of cryptocurrencies. However, while mainstream chatter of these various cryptocurrencies has become nearly impossible to avoid, many retail investors are unfamiliar with the underlying technology powering each coin, according to studies performed by CoinDesk, Blockchain Capital, and The 1 University of Cambridge . -
Orphan Works, Mass Rights Clearance, and Online Libraries
Ringnalda.qxd 1 Orphan Works, Mass Rights Clearance, and Allard Ringnalda Online Libraries: The Flaws of the Draft Orphan Works Directive and Extended Collective Licensing as a Solution 1. Introduction European lawmakers have recently shown a profound interest in copyright law as an obstacle to the creation of Allard Ringnalda, Project researcher, Centre for online digital libraries. Unfortunately, a new directive that is Intellectual Property Law, Molengraaff Institute soon to be proposed to remove these obstacles suggests for Private Law, Utrecht University; PhD resear- that they have focused on the wrong problem. It provides a cher, Willem Pompe Institute for Criminal Law solution for the problem of orphan works: the many copy- and Criminology and the Department of legal righted works whose rightsholders are unknown or unloca- theory, Utrecht University. table. These orphan works cannot be used in a manner that The author would like to thank Rebecka Zinser and requires the rightsholder’s consent.1) With a new Orphan Willem Grosheide for their comments on earlier drafts. Works Directive, the Commission aims to facilitate the ex- The usual disclaimer applies. pansion of Europeana, the non-profit online library that should disseminate the digitised collections of all European national libraries. The problem of orphan works obviously stands in the way of a successful online library: if copyrights cannot be cleared, copyrighted works cannot be digitised and made available online. However, in this article, I shall propose and defend two claims. First, that the issue of orphan works is not the main hurdle on the way to a successful Europeana. Instead, the orphan works problem is only a symptom of a much larger issue: the inability to clear copyrights for the mass digitization and online dissemination of entire library collections. -
Computer Software Derivative Works: the Calm Before the Storm
COMPUTER SOFTWARE DERIVATIVE WORKS: THE CALM BEFORE THE STORM Natalie Heineman* Cite as 8 J. HIGH TECH. L. 235 (2008) I. Introduction Every generation believes they live in the most exciting times of continued social and technological advancement. Since the advent of computers and the internet, however, the present is a time in which progress seems unrivaled. While the law races to catch up with technology, the area of law requiring the fastest runners may be that of computer software derivative works under current copyright law. An author’s exclusive right to prepare derivative works is particularly challenged in the software environment where innovation often involves references to and incorporation of other preexisting works. Without definitive cases on point or specifically tailored legislation to guide the analysis, however, the scope of this note is simply to help define the issues presented, thereby drawing attention to what looks to be the calm before the impending storm. This note considers the challenge posed by computer software derivative works. The note first discusses the definition of derivative works under the current Copyright Act, and analyzes how the courts have interpreted derivative works in analogous contexts. Because defining a derivative work necessarily considers whether it has infringed the underlying work, the note then discusses how the courts make infringement analyses. The infringement analysis focuses primarily on the abstraction-filtration method as it has developed in computer software cases. Finally, the note considers trends in cases and legislation that suggest an increasingly broad interpretation of derivative rights. This section emphasizes the Open Source movement which will no doubt have a significant impact on the future of computer software derivative works. -
Module Ii Copyright and Related Rights
MODULE II COPYRIGHT AND RELATED RIGHTS Introduction General Part II of the TRIPS Agreement sets out the substantive standards for the protection of IP that WTO members should follow. This module outlines the provisions of Section 1 of Part II (running from Article 9 to Article 14), which sets out the protection that members must make available in the area of copyright and related rights – specifically, for literary and artistic works, performances, phonograms (or sound recordings) and broadcasts. This Section has to be read, like all other sections in Part II, together with the relevant provisions of certain pre-existing treaties in the area of international IP law that are incorporated by reference into the TRIPS Agreement. In the case of copyright, the relevant treaty is the Berne Convention; and on related rights, there are certain references to the Rome Convention. The relationship between the TRIPS Agreement and these Conventions is explained in section A3 below. As in the other areas of IP covered by the TRIPS Agreement, the provisions of Section 1 stipulate the minimum level of protection that members have to provide to nationals of other members. In other words, they determine the obligations that such members have towards each other. Given the long history of international cooperation on copyright matters, the national laws in this area are often fairly similar. However, to answer any question the reader may have on how the law applies in any practical situation, the applicable domestic law will have to be consulted. What are copyright and related rights? The term ‘copyright’ in its narrow sense usually refers to the rights of authors in their literary and artistic works. -
Wipo Intellectual Property Handbook Wipo Publication
WIPO INTELLECTUAL PROPERTY HANDBOOK WIPO PUBLICATION No. 489 (E) ISBN 978-92-805-1291-5 WIPO 2004 Second Edition Reprinted 2008 Detailed Table of Contents Chapter 1 Introduction The Concept of Intellectual Property 3 The World Intellectual Property Organization (WIPO) 4 History 4 Mission and Activities 5 Structure 7 Administration 8 Membership 9 Constitutional Reform 9 Wider Consultation and Outreach 12 Chapter 2 Fields of Intellectual Property Protection Patents 17 Introduction 17 Conditions of Patentability 17 Drafting and Filing a Patent Application 22 Examination of a Patent Application 24 Infringement 27 Exploitation of the Patented Invention 33 Compulsory Licenses 34 Utility Models 40 ii WIPO Intellectual Property Handbook: Policy, Law and Use Copyright and Related Rights 40 Introduction 40 Copyright Protection 41 Subject Matter of Copyright Protection 42 Rights Comprised in Copyright 43 Related Rights 46 Ownership of Copyright 49 Limitations on Copyright Protection 50 Piracy and Infringement 51 Remedies 52 Intellectual Property and Traditional Cultural Expressions 56 Trends and Experiences in the Protection of TCEs 64 Conceptual and Policy Questions 66 Recent and Possible Future Developments 67 Trademarks 67 Introduction 67 Definitions 68 Signs Which May Serve as Trademarks 70 Criteria of Protectability 71 Protection of Trademark Rights 77 Use Requirements 77 Trademark Registration 79 Removal of the Trademark from the Register 82 Trademark Piracy, Counterfeiting and Imitation of Labels and Packaging 90 Change of Ownership 92 Trademark -
What Is the Upper Limit of Value?
WHAT IS THE UPPER LIMIT OF VALUE? Anders Sandberg∗ David Manheim∗ Future of Humanity Institute 1DaySooner University of Oxford Delaware, United States, Suite 1, Littlegate House [email protected] 16/17 St. Ebbe’s Street, Oxford OX1 1PT [email protected] January 27, 2021 ABSTRACT How much value can our decisions create? We argue that unless our current understanding of physics is wrong in fairly fundamental ways, there exists an upper limit of value relevant to our decisions. First, due to the speed of light and the definition and conception of economic growth, the limit to economic growth is a restrictive one. Additionally, a related far larger but still finite limit exists for value in a much broader sense due to the physics of information and the ability of physical beings to place value on outcomes. We discuss how this argument can handle lexicographic preferences, probabilities, and the implications for infinite ethics and ethical uncertainty. Keywords Value · Physics of Information · Ethics Acknowledgements: We are grateful to the Global Priorities Institute for highlighting these issues and hosting the conference where this paper was conceived, and to Will MacAskill for the presentation that prompted the paper. Thanks to Hilary Greaves, Toby Ord, and Anthony DiGiovanni, as well as to Adam Brown, Evan Ryan Gunter, and Scott Aaronson, for feedback on the philosophy and the physics, respectively. David Manheim also thanks the late George Koleszarik for initially pointing out Wei Dai’s related work in 2015, and an early discussion of related issues with Scott Garrabrant and others on asymptotic logical uncertainty, both of which informed much of his thinking in conceiving the paper. -
'Orphan Works'? Law360, New York (September 29, 2015, 8:06 PM ET) -- on Sept
Portfolio Media. Inc. | 860 Broadway, 6th Floor | New York, NY 10003 | www.law360.com Phone: +1 646 783 7100 | Fax: +1 646 783 7161 | [email protected] What Shall We Do About 'Orphan Works'? Law360, New York (September 29, 2015, 8:06 PM ET) -- On Sept. 22, a California federal judge ruled that Warner/Chappell Music Inc. does not own a valid copyright on "Happy Birthday To You," thereby adding one of the most recognizable English language songs to the millions of "orphan works." What should be done to more fairly enable the use of orphan works? Naomi Jane Gray, Harvey Siskind LLP The orphan works problem plagues many would-be users of works who cannot identify or locate the owners of works they may wish to license. This introduces uncertainty and risk into the creative process and can chill expression. There have been many calls for a legislative fix of this problem, including creation of a small-claims-type tribunal, excepting orphan works from liability for infringement if the user has conducted a diligent search, government-based licensing and collective licensing. Others argue that the existing fair use defense should be sufficient to protect users’ interests. The Copyright Office has endorsed a “notice and use” proposal, whereby users would be eligible for limitations on remedies for infringement if they file a notice with the Copyright Office of their intent to use works and conduct a “good faith diligent search” for the owner. Remedies for infringement would then be limited to “reasonable compensation,” envisioned to be comparable to a reasonable license fee. -
Orphan Works in the United States and Copyright Issues
1 Orphan Works In The United States And Copyright Issues Dear Karyn Temple Claggett/Catherine Rowland This is the research work of Perry4Law1 in which we are sharing our views about the orphan work related problems in US. The crux of our discussion is that there should be a balance between copyright protection of orphan works and their suitable publications. For any further informatin or clarification, kindly contact us at [email protected]. I. The Background-Orphan Works Copyright protection is made available the moment a copyrightable work is brought into force. There is no statutory requirement to get a copyrighted work registered at the copyright office of the respective Nation, including United States. This is also the main reason that copyright protection shares an invese relationship with copyright infringement. Despite much copyright awareness campaigns, many copyright infringers still believe that copyright protection is available only if the work is registerd with the copyright office. This is definitely a misconception and a sure receipe for facing a copyright infringement suit. However, many times a copyrighted work is published and is made available to public without it being registered. In some exceptional cases the authors of such copyrighted work do not provide relevant details about themselves. In such a situation it becomes very difficult to contact such author to do commercial negotiations about such copyrighted work. Such work becomes an orphan work in which though copyright subsists yet it becomes very difficult to contact the author to seek his/her/its permission to reproduce the work. Nevertheless, using such copyrighted work amounts to copyright violation and in many cases results in a legal suit. -
A R E S E a R C H Agenda
Cooperation, Conflict, and Transformative Artificial Intelligence — A RESEARCH AGENDA Jesse Clifton — LONGTERMRISK.ORG March 2020 First draft: December 2019 Contents 1 Introduction 2 1.1 Cooperation failure: models and examples . .3 1.2 Outline of the agenda . .5 2 AI strategy and governance 8 2.1 Polarity and transition scenarios . .8 2.2 Commitment and transparency . .8 2.3 AI misalignment scenarios . 10 2.4 Other directions . 10 2.5 Potential downsides of research on cooperation failures . 11 3 Credibility 12 3.1 Commitment capabilities . 13 3.2 Open-source game theory . 13 4 Peaceful bargaining mechanisms 16 4.1 Rational crisis bargaining . 16 4.2 Surrogate goals . 18 5 Contemporary AI architectures 21 5.1 Learning to solve social dilemmas . 21 5.2 Multi-agent training . 24 5.3 Decision theory . 25 6 Humans in the loop 27 6.1 Behavioral game theory . 27 6.2 AI delegates . 28 7 Foundations of rational agency 30 7.1 Bounded decision theory . 30 7.2 Acausal reasoning . 31 8 Acknowledgements 35 1 1 Introduction Transformative artificial intelligence (TAI) may be a key factor in the long-run trajec- tory of civilization. A growing interdisciplinary community has begun to study how the development of TAI can be made safe and beneficial to sentient life (Bostrom, 2014; Russell et al., 2015; OpenAI, 2018; Ortega and Maini, 2018; Dafoe, 2018). We present a research agenda for advancing a critical component of this effort: preventing catastrophic failures of cooperation among TAI systems. By cooperation failures we refer to a broad class of potentially-catastrophic inefficiencies in interactions among TAI-enabled actors. -
Guarding Against Abuse: the Costs of Excessively Long Copyright Terms
GUARDING AGAINST ABUSE: THE COSTS OF EXCESSIVELY LONG COPYRIGHT TERMS By Derek Khanna* I. INTRODUCTION Copyrights are intended to encourage creative works through the mechanism of a statutorily created1 limited property right, which some prominent think tanks and congressional organizations have referred to as a form of govern- ment regulation.2 Under both economic3 and legal analysis,4 they are recog- * Derek Khanna is a fellow with X-Lab and a technology policy consultant. As a policy consultant he has never worked for any organizations that lobby or with personal stakes in copyright terms, and neither has Derek ever lobbied Congress. He was previously a Yale Law School Information Society Project Fellow. He was featured in Forbes’ 2014 list of top 30 under 30 for law in policy and selected as a top 200 global leader of tomorrow for spear- heading the successful national campaign on cell phone unlocking which led to the enact- ment of copyright reform legislation to legalize phone unlocking. He has spoken at the Con- servative Political Action Conference, South by Southwest, the International Consumer Electronics Show and at several colleges across the country as a paid speaker with the Fed- eralist Society. He also serves as a columnist or contributor to National Review, The Atlan- tic and Forbes. He was previously a professional staff member for the House Republican Study Committee, where he authored the widely read House Republican Study Committee report “Three Myths about Copyright Law.” 1 See Edward C. Walterscheld, Defining the Patent and Copyright Term: Term Limits and the Intellectual Property Clause, 7 J.