What Intellectual Property Can Learn from Informational Privacy, and Vice Versa
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8. Putting Artists and Guardians of Indigenous Works First
8 Putting Artists and Guardians of Indigenous Works First: Towards a Restricted Scope of Freedom of Panorama in the Asian Pacific Region Jonathan Barrett1 1 Introduction ‘Freedom of panorama’2 permits use of certain copyright-protected works on public display; for example, anyone may publish and sell postcards of a public sculpture.3 The British heritage version of freedom of panorama, which is followed by many jurisdictions in the Asian Pacific region,4 applies 1 Copyright © 2018 Jonathan Barrett. Senior Lecturer, School of Accounting and Commercial Law, Victoria University of Wellington. 2 The term ‘freedom of panorama’ recently came into common usage in English. It appears to be derived from the Swiss German ‘Panoramafreiheit’, which itself has only been used since the 1990s, despite the exemption existing in German law for 170 years. See Mélanie Dulong de Rosnay and Pierre-Carl Langlais ‘Public artworks and the freedom of panorama controversy: a case of Wikimedia influence’ (2017) 6(1) Internet Policy Review. 3 Incidental copying of copyright works is not considered to be a feature of freedom of panorama. See Copyright Act 1994 (NZ), s 41. 4 Asian Pacific countries are those west of the International Date Line (IDL), as defined for the purposes of the Asian Pacific Copyright Association (APCA) in Brian Fitzgerald and Benedict Atkinson (eds) Copyright Future Copyright Freedom: Marking the 40 Year Anniversary of the Commencement of Australia’s Copyright Act 1968 (Sydney University Press, Sydney, 2011) at 236. 229 MAkING COPyRIGHT WORk FOR THE ASIAN PACIFIC? to buildings, sculptures and works of artistic craftsmanship on permanent display in a public place or premises open to the public.5 These objects may be copied in two dimensions, such as photographs. -
The Economic Evaluation Alternatives to Digital
THE ECONOMIC EVALUATION of ALTERNATIVES TO DIGITAL COPYRIGHT Peter Eckersley Department of Computer Science & Software Engineering and Intellectual Property Research Institute of Australia, The University of Melbourne SERCIAC 2003 (Preliminary Version) 1 ABSTRACT A certain air of controversy has arisen around copyright law, as a result of its interactions with digital technology. The body of literature claiming that existing copyright laws are economically sub-optimal is growing rapidly. Some authors are even claiming that it would be better to have no copyright system at all, while others argue that alternatives, such as various forms of public funding, would be preferable to exclusive rights in literary and artistic works. This paper explores the economic differences between a system of consumer-regulating copyright based on “digital rights management”, and alternatives based on public funding. I argue that the distinctions are sufficiently intricate that they elude any simple modelling technique. Instead, this paper attempts a semi-analytic comparison which weighs a set of different factors which may favour either copyright or the alternatives. When these are summed, it is concluded that well-designed systems of public funding are almost certain to produce better social welfare outcomes than DRM-based copyright. 2 1 Introduction The infrastructure for purely digital information economies is only beginning to crystallise1. As this occurs, it has become apparent that some of the central assumptions which have defined information industries in the past are in danger of unravelling. Perhaps the most prominent assumption of this kind is that states of artificial scarcity will be maintained by the exclusive rights of copyright law (in combination with “digital rights management”). -
4 | 2017 Volume 8 (2017) Issue 4 ISSN 2190-3387
4 | 2017 Volume 8 (2017) Issue 4 ISSN 2190-3387 Editorial: A Christmas Gift by Séverine Dusollier Designing Competitive Markets for Industrial Data – Between Propertisation and Access Law and Electronic Commerce Information Technology, Intellectual Property, Journal of by Josef Drexl From Cyberpunk to Regulation – Digitised Memories as Personal and Sensitive Data within the EU Data Protection Law by Krzysztof Garstka Copyright, Doctrine and Evidence-Based Reform by Stef van Gompel Non-Commercial Quotation and Freedom of Panorama: Useful and Lawful? by Eleonora Rosati Where is the Harm in a Privacy Violation? Calculating the Damages Afforded in Privacy Cases by the European Court of Human Rights by Bart van der Sloot Editors: Thomas Dreier Axel Metzger Gerald Spindler Lucie Guibault Miquel Peguera www.jipitec.eu Séverine Dusollier Chris Reed Karin Sein Journal of Intellectual Property, Information Technology and Electronic Commerce Law Table Of Contents Volume 8 Issue 4 December 2017 www.jipitec.eu [email protected] A joint publication of: Articles Prof. Dr. Thomas Dreier, M. C. J., KIT - Karlsruher Institut für Technologie, Zentrum für Angewandte Rechtswissenschaft (ZAR), Vincenz-Prießnitz-Str. 3, Editorial: A Christmas Gift 76131 Karlsruhe Germany by Séverine Dusollier 255 Prof. Dr. Axel Metzger, LL. M., Humboldt-Universität zu Designing Competitive Markets for Industrial Data – Between Berlin, Unter den Linden 6, Propertisation and Access 10099 Berlin by Josef Drexl 257 Prof. Dr. Gerald Spindler, Dipl.-Ökonom, Georg-August- From Cyberpunk to Regulation – Digitised Memories as Personal Universität Göttingen, and Sensitive Data within the EU Data Protection Law Platz der Göttinger Sieben 6, by Krzysztof Garstka 293 37073 Göttingen Copyright, Doctrine and Evidence-Based Reform Karlsruhe Institute of Technology, by Stef van Gompel 304 Humboldt-Universität zu Berlin and Georg-August-Universität Non-Commercial Quotation and Freedom of Panorama: Göttingen are corporations under Useful and Lawful? public law, and represented by their respective presidents. -
From Material Scarcity to Arti8cial Abundance – the Case of Fablabs and 3D Printing Technologies Primavera De Filippi, Peter Troxler
From material scarcity to arti8cial abundance – The case of FabLabs and 3D printing technologies Primavera de Filippi, Peter Troxler To cite this version: Primavera de Filippi, Peter Troxler. From material scarcity to arti8cial abundance – The case of FabLabs and 3D printing technologies. van den Berg B. & van der Hof S. 3D Printing : Legal, philosophical and economic dimensions., T.M.C. Asser Instituut pp. 65-83, 2015. hal-01265229 HAL Id: hal-01265229 https://hal.archives-ouvertes.fr/hal-01265229 Submitted on 31 Jan 2016 HAL is a multi-disciplinary open access L’archive ouverte pluridisciplinaire HAL, est archive for the deposit and dissemination of sci- destinée au dépôt et à la diffusion de documents entific research documents, whether they are pub- scientifiques de niveau recherche, publiés ou non, lished or not. The documents may come from émanant des établissements d’enseignement et de teaching and research institutions in France or recherche français ou étrangers, des laboratoires abroad, or from public or private research centers. publics ou privés. Primavera De Filippi & Peter Troxler [4] From material scarcity to arti8cial abundance – The case of FabLabs and 3D printing technologies Primavera De Filippi & Peter Troxler 1. Introduction Digital media allowed for the emergence of new artistic practices and innovative modes of production. In particular, the advent of Internet and digital technologies drastically enhanced the ability for multiple au- thors to collaborate towards the creation of large-scale collaborative works, which stand in contrast to the traditional understanding that artistic production is essentially an individual activity. The signi6cance of these practices in the physical world is illustrated by the recent deployment of FabLabs (Fabrication Laboratories), that employ innovative technologies – such as, most notably, 3D printing, which is recently gaining the most interest – to encourage the development of new methods of artistic production based on participation and interaction between peers. -
The Free/Open Source Software Movement Resistance Or Change? Civitas - Revista De Ciências Sociais, Vol
Civitas - Revista de Ciências Sociais ISSN: 1519-6089 [email protected] Pontifícia Universidade Católica do Rio Grande do Sul Brasil Georgopoulou, Panayiota The free/open source software movement Resistance or change? Civitas - Revista de Ciências Sociais, vol. 9, núm. 1, enero-abril, 2009, pp. 65-76 Pontifícia Universidade Católica do Rio Grande do Sul Porto Alegre, Brasil Available in: http://www.redalyc.org/articulo.oa?id=74212712006 How to cite Complete issue Scientific Information System More information about this article Network of Scientific Journals from Latin America, the Caribbean, Spain and Portugal Journal's homepage in redalyc.org Non-profit academic project, developed under the open access initiative The free/open source software movement Resistance or change? O movimento de software livre/aberto Resistência ou mudança? Panayiota Georgopoulou* Abstract: At a time when private companies are inventing methods of “locking information” and when neo-liberal governments are imposing strict sanctions on those who violate intellectual property rights, the Free/Open Source Software (FOSS) movement has been countering neo-liberalism and general privatization: it defies ownership regulations in a key area of growth in contemporary capitalistic societies, namely, the construction and use of information. At the end of the ‘90s, FOSS seemed to be a disruptive and destabilizing force in terms of intellectual property and neo- liberalism, yet as open software, it has evolved into a singular economic phenomenon indicating that commercialization -
Copyright and Inequality
Washington University Law Review Volume 92 Issue 1 2014 Copyright and Inequality Lea Shaver Indiana University Robert H. McKinney School of Law Follow this and additional works at: https://openscholarship.wustl.edu/law_lawreview Part of the Intellectual Property Law Commons, and the Law and Society Commons Recommended Citation Lea Shaver, Copyright and Inequality, 92 WASH. U. L. REV. 117 (2014). Available at: https://openscholarship.wustl.edu/law_lawreview/vol92/iss1/7 This Article is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Law Review by an authorized administrator of Washington University Open Scholarship. For more information, please contact [email protected]. COPYRIGHT AND INEQUALITY LEA SHAVER ABSTRACT The standard theory of copyright law imagines a marketplace efficiently serving up new works to an undifferentiated world of consumers. Yet the reality is that all consumers are not equal. Class and culture combine to explain who wins, and who loses, from copyright protection. Along the dimension of class, the inequality insight reminds us just because new works are created does not mean that most people can afford them, and calls for new attention to problems of affordability. Copyright protection inflates the price of books, with implications for distributive justice, democratic culture, and economic efficiency. Along the dimension of culture, the inequality insight points out that it is not enough for copyright theory to speak generally of new works; it matters crucially what languages those works are being created in. Copyright protection is likely to be an ineffective incentive system for the production of works in “neglected languages” spoken predominantly by poor people. -
Virtual Markets for Virtual Goods: the Mirror Image of Digital Copyright?
Harvard Journal of Law & Technology Volume 18, Number 1 Fall 2004 VIRTUAL MARKETS FOR VIRTUAL GOODS: THE MIRROR IMAGE OF DIGITAL COPYRIGHT? Peter Eckersley* TABLE OF CONTENTS I. Introduction.....................................................................................86 A. Information Anarchism and Information Feudalism..................86 B. Virtual Markets for Virtual Goods.............................................92 II. Reward Systems ............................................................................94 A. Rewards and Information Production........................................94 1. Rewards for Inventions ...........................................................95 2. Rewards for Writing and Other Copyright Works ..................97 B. Decentralized Compensation Systems: Constructing “Virtual Markets” .................................................................100 1. Network Security...................................................................102 2. Human Security.....................................................................104 3. Funding Virtual Markets .......................................................106 4. One Dollar, One Vote?..........................................................111 5. Scope: Which Information Markets Could Be Made “Virtual” (and Which Ones Matter)? ..............................112 6. The Role of Social Norms.....................................................115 III. An Economic Comparison of Virtual Markets and Digital Rights Management......................................................................116 -
A Peruvian Perspective for the Conservation and Sustainable Use of Marine Biological Diversity in Areas Beyond National Jurisdiction
A PERUVIAN PERSPECTIVE FOR THE CONSERVATION AND SUSTAINABLE USE OF MARINE BIOLOGICAL DIVERSITY IN AREAS BEYOND NATIONAL JURISDICTION FRANCISCO GUTIERREZ FIGUEROA The United Nations – Nippon Foundation of Japan Fellowship Programme 2015-2016 New York/Newark (Delaware) December 2015 DISCLAIMER The views expressed herein are those of the author and do not necessarily reflect the views of the Government of Peru, the United Nations, the Nippon Foundation of Japan or the University of Delaware. Copyright Statement This copy of the research paper has been supplied on condition that anyone who consults it is understood to recognize that its copyright rests with its author and that no quotation, diagrams and information derived from it may be published without accurate citation. Contact information Francisco Gutierrez Figueroa Email: [email protected] Email: [email protected] Suggested Citation Gutierrez Figueroa, Francisco. A Peruvian perspective for the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction. Research Paper. United Nations–Nippon Foundation of Japan Fellowship Programme, 2015. Supervisors Dr. Biliana Cicin-Sain Director Gerard J. Mangone Center for Marine Policy University of Delaware Newark (Delaware), United States of America Ms. Valentina Germani Legal Officer, Programme Advisor Division for Ocean Affairs and the Law of the Sea (DOALOS) Office of Legal Affairs of the United Nations New York, United States of America ABSTRACT One of the biggest current challenges for the international community is the need to protect marine biodiversity in ABNJ. This issue is currently in the center of numerous debates in several international fora given that it seems that the current legal framework is not completely appropriate and efficient to address the threats and diverse impacts linked to human activities in these areas. -
Copy, Rip, Burn : the Politics of Copyleft and Open Source
Copy, Rip, Burn Berry 00 pre i 5/8/08 12:05:39 Berry 00 pre ii 5/8/08 12:05:39 Copy, Rip, Burn The Politics of Copyleft and Open Source DAVID M. BERRY PLUTO PRESS www.plutobooks.com Berry 00 pre iii 5/8/08 12:05:39 First published 2008 by Pluto Press 345 Archway Road, London N6 5AA www.plutobooks.com Copyright © David M. Berry 2008 The right of David M. Berry to be identifi ed as the author of this work has been asserted by him in accordance with the Copyright, Designs and Patents Act 1988. British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library ISBN 978 0 7453 2415 9 Hardback ISBN 978 0 7453 2414 2 Paperback Library of Congress Cataloging in Publication Data applied for This book is printed on paper suitable for recycling and made from fully managed and sustained forest sources. Logging, pulping and manufacturing processes are expected to conform to the environmental standards of the country of origin. The paper may contain up to 70% post consumer waste. 10 9 8 7 6 5 4 3 2 1 Designed and produced for Pluto Press by Chase Publishing Services Ltd, Sidmouth, EX10 9QG, England Typeset from disk by Stanford DTP Services, Northampton Printed and bound in the European Union by CPI Antony Rowe, Chippenham and Eastbourne Berry 00 pre iv 5/8/08 12:05:41 CONTENTS Acknowledgements ix Preface x 1. The Canary in the Mine 1 2. The Information Society 41 3. -
Linguistic Justice and Intellectual Property1 Radu Uszkai Research Centre in Applied Ethics, University of Bucharest
Public Reason 7 (1-2): 13-28 © 2016 by Public Reason Global Justice and Research Ethics: Linguistic Justice and Intellectual Property1 Radu Uszkai Research Centre in Applied Ethics, University of Bucharest Abstract. This paper aims to address two seemingly independent issues in the field of moral and political philosophy, namely the problem of global justice with elements regarding research ethics. The first section of the paper will be concerned with a short overview of the problem at hand, highlighting the particular way in which research (I refer mostly to publishing in academic journals) is carried out in the 21st century. While admitting that the matrix of moral issues linked to the current topic is more diverse, I will limit the scope of my analysis to only two elements. First of all, in the second section of my paper I will try to identify an answer to the following question: are researchers from non-native English speaking countries who seek to publish in academic journals from abroad in a position of inequality in relation to their peers from Australia, Great Britain or USA? I will explore the moral relevance of this question at a global level by presenting Philippe Van Parijs’ conception of linguistic justice. My argument will rest upon the fact that the emergence of English as a lingua franca in research publishing has had more positive than negative externalities in relation to researchers from developing countries. The third and final part of my paper will be a critique of the current Intellectual Property system which, in my opinion, hinders the access of researchers from developing countries to new research available in journals indexed in international databases like Wiley- Blackwell, SAGE or JSTOR. -
Freedom of Panorama: a Comparative Look at International Restrictions on Public Photography
405 FREEDOM OF PANORAMA* A COMPARATIVE LOOK AT INTERNATIONAL RESTRICTIONS ON PUBLIC PHOTOGRAPHY BRYCE CLAYTON NEWELLt TABLE OF CONTENTS I. INTRODUCTION .............................. 405 II. A BRIEF LOOK AT CURRENT EVENTS ........... 407 III. PANORAMA FREEDOM UNDER COPYRIGHT LAW ........................................ 409 A. BALANCING EXCLUSIVE RIGHTS AND PHOTOGRAPHY IN PUBLIC SPACES ................. 409 B. DERIVATIVE COPYRIGHT IN PHOTOGRAPHS OF BUILDINGS ....................................... 410 C. INCREASING RESTRICTIONS ON PUBLIC PHOTOGRAPHY INTERNATIONALLY ................. 411 D. EXCEPTIONS FOR PHOTOGRAPHERS UNDER UNITED STATES COPYRIGHT LAw .................. 412 E. EUROPEAN UNION COPYRIGHT DIRECTIVE .......... 418 F. EXCEPTIONS FOR PHOTOGRAPHERS UNDER UNITED KINGDOM COPYRIGHT LAW................ ... 419 G. EXCEPTIONS UNDER BRAZILIAN COPYRIGHT LAW 421 IV. RESTRICTING PANORAMA FREEDOM THROUGH TRADEMARK LAW ................... 422 V. I'M A PHOTOGRAPHER, NOT A TERRORIST! NATIONAL SECURITY LIMITS ON PUBLIC PHOTOGRAPHY ................................... 423 VI. CONCLUSION ..................................... 426 I. INTRODUCTION Freedom of panorama, also called panorama freedom, refers to the right to take photographs of public spaces and use such photo- t J.D., University of California, Davis School of Law; Instructor, Utah Valley University, Department of Digital Media. I would like to thank Keith Aoki and Coke Newell, as well as Stephanie Nevins and the staff of the Creighton Law Review for their time, corrections, and helpful -
To What Extent Should Uses of Public Architectural Works Be Permitted Under European Copyright Law?
To what extent should uses of public architectural works be permitted under European copyright law? By Katherine Galilee ABSTRACT very high levels of investment, time, skill and labour re- quired to bring a proposed project to fruition give particular This paper argues that the optional exception to weight to the need for copyright protection. Unlike these copyright law contained in Article 5(3)(h) of Directive industries, however, architecture is notable for its public 2001/29/EC should be extended to clearly include element.4 Even private works of architecture have the ability commercial uses of copyrighted works, and should to take on some public significance when forming part of the be made mandatory across the European Union. overall physical landscape of society, as is reflected in the Copyright law must be clearly justifiable, requiring use of planning regulations in the control of private use of a balance between the private interest of right holders land.5 Also reflecting this public element in the context of and the wider public interest. It is argued that the the European Union, Directive 2001/29/EC introduced an significant role of architecture in society is such optional exception to the exclusive right of reproduction that there is great public interest in the public being and communication to the public under Article 5(3)(h) for 6 able to freely use copyrighted architectural works reproductions and communications of architectural works. This is commonly known as the ‘freedom of panorama’.7 for commercial and non- commercial purposes, and This article will argue that freedom of panorama under that copyright law must therefore be reformed to European law does not go far enough to protect the public reflect this.