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Submission To Canadian Government Consultation On A Modern Copyright Framework For Ai And The Internet Of Things, Sean Flynn, Lucie Guibault, Christian Handke, Joan-Josep Vallbé, Michael Palmedo, Carys Craig, Michael Geist, Joao Pedro Quintais
Submission To Canadian Government Consultation On A Modern Copyright Framework For Ai And The Internet Of Things, Sean Flynn, Lucie Guibault, Christian Handke, Joan-Josep Vallbé, Michael Palmedo, Carys Craig, Michael Geist, Joao Pedro Quintais
Reports & Public Policy Documents
We are grateful for the opportunity to participate in the Canadian Government’s consultation on a modern copyright framework for AI and the Internet of Things. Below, we present some of our research findings relating to the importance of flexibility in copyright law to permit text and data mining (“TDM”). As the consultation paper recognizes, TDM is a critical element of artificial intelligence. Our research supports the adoption of a specific exception for uses of works in TDM to supplement Canada’s existing general fair dealing exception.
Empirical research shows that more publication of citable research takes place in countries with “open” …
A Modern Copyright Framework For The Internet Of Things (Iot): Intellectual Property Scholars' Joint Submission To The Canadian Government Consultation, Pascale Chapdelaine, Anthony D. Rosborough, Aaron Perzanowski, Bita Amani, Sara Bannerman, Carys Craig, Lucie Guibault, Cameron J. Hutchison, Ariel Katz, Alexandra Mogyoros, Graham Reynolds, Teresa Scassa, Myra Tawfik
A Modern Copyright Framework For The Internet Of Things (Iot): Intellectual Property Scholars' Joint Submission To The Canadian Government Consultation, Pascale Chapdelaine, Anthony D. Rosborough, Aaron Perzanowski, Bita Amani, Sara Bannerman, Carys Craig, Lucie Guibault, Cameron J. Hutchison, Ariel Katz, Alexandra Mogyoros, Graham Reynolds, Teresa Scassa, Myra Tawfik
Reports & Public Policy Documents
In response to the Canadian government consultation process on the modernization of the copyright framework launched in the summer 2021, we hereby present our analysis and recommendations concerning the interaction between copyright and the Internet of Things (IoT). The recommendations herein reflect the shared opinion of the intellectual property scholars who are signatories to this brief. They are informed by many combined decades of study, teaching, and practice in Canadian, US, and international intellectual property law.
In what follows, we explain:
•The importance of approaching the questions raised in the consultation with a firm commitment to maintaining the appropriate balance …
A Modern Copyright Framework For Artificial Intelligence: Ip Scholars' Joint Submission To The Canadian Government Consultation, Carys Craig, Bita Amani, Sara Bannerman, Céline Castets-Renard, Pascale Chapdelaine, Lucie Guibault, Gregory R. Hagen, Cameron J. Hutchison, Ariel Katz, Alexandra Mogyoros, Graham Reynolds, Anthony D. Rosborough, Teresa Scassa, Myra Tawfik
A Modern Copyright Framework For Artificial Intelligence: Ip Scholars' Joint Submission To The Canadian Government Consultation, Carys Craig, Bita Amani, Sara Bannerman, Céline Castets-Renard, Pascale Chapdelaine, Lucie Guibault, Gregory R. Hagen, Cameron J. Hutchison, Ariel Katz, Alexandra Mogyoros, Graham Reynolds, Anthony D. Rosborough, Teresa Scassa, Myra Tawfik
Reports & Public Policy Documents
In response to the Canadian government consultation process on the modernization of the copyright framework launched in the summer 2021, we hereby present our analysis and recommendations concerning the interaction between copyright and artificial intelligence (AI). The recommendations herein reflect the shared opinion of the intellectual property scholars who are signatories to this brief. They are informed by many combined decades of study, teaching, and practice in Canadian and international intellectual property law.
In what follows, we explain:
- The importance of approaching the questions raised in the consultation with a firm commitment to maintaining the appropriate balance of rights …
Unscrewing The Future: The Right To Repair And The Circumvention Of Software Tpms In The Eu, Anthony D. Rosborough
Unscrewing The Future: The Right To Repair And The Circumvention Of Software Tpms In The Eu, Anthony D. Rosborough
Articles, Book Chapters, & Popular Press
This analysis examines the impact of software technological protection measures (“TPMs”) in the European Union which inhibit the repair and maintenance of products. Using John Deere tractors as a case study, this analysis addresses the growing number of products which incorporate computerisation and TPMprotected software into their design and function. In utilising software integration and TPMs, many product designs now allow manufacturers to retain considerable control over the manner of repair and choice of technician. In response, consumers and lawmakers are calling for legal reforms to make self-repair and servicing easier. Both the competition law and moral implications of this …
Regime For Use Of Out-Of-Commerce Works, Lucie Guibault
Regime For Use Of Out-Of-Commerce Works, Lucie Guibault
Articles, Book Chapters, & Popular Press
A presentation of the new provisions in European Directive 2019/790 on Copyright in the Digital Single Market on the licensing and use of out-of-commerce works by cultural heritage institutions.
Implementing User Rights For Research In The Field Of Artificial Intelligence: A Call For International Action, Sean Flynn, Christophe Geiger, Joao Pedro Quintais, Thomas Margoni, Matthew Sag, Lucie Guibault, Michael W. Carroll
Implementing User Rights For Research In The Field Of Artificial Intelligence: A Call For International Action, Sean Flynn, Christophe Geiger, Joao Pedro Quintais, Thomas Margoni, Matthew Sag, Lucie Guibault, Michael W. Carroll
Articles, Book Chapters, & Popular Press
Last year, before the onset of a global pandemic highlighted the critical and urgent need for technology-enabled scientific research, the World Intellectual Property Organization (WIPO) launched an inquiry into issues at the intersection of intellectual property (IP) and artificial intelligence (AI). We contributed comments to that inquiry, with a focus on the application of copyright to the use of text and data mining (TDM) technology. This article describes some of the most salient points of our submission and concludes by stressing the need for international leadership on this important topic. WIPO could help fill the current gap on international leadership, …
Privacy And Legal Automation: The Dmca As A Case Study, Jonathon Penney
Privacy And Legal Automation: The Dmca As A Case Study, Jonathon Penney
Articles, Book Chapters, & Popular Press
Advances in artificial intelligence, machine learning, computing capacity, and big data analytics are creating exciting new possibilities for legal automation. At the same time, these changes pose serious risks for civil liberties and other societal interests. Yet, existing scholarship is narrow, leaving uncertainty on a range of issues, including a glaring lack of systematic empirical work as to how legal automation may impact people’s privacy and freedom. This article addresses this gap with an original empirical analysis of the Digital Millennium Copyright Act (DMCA), which today sits at the forefront of algorithmic law due to its automated enforcement of copyright …
Intellectual Property And Culture, Lucie Guibault
Intellectual Property And Culture, Lucie Guibault
Articles, Book Chapters, & Popular Press
This paper takes a critical look at the interaction between intellectual property law and culture using three examples, namely: 1) the need to preserve and disseminate culture, through the recognition of cultural heritage institutions' vital role in society; 2) the need to maintain culture from depreciation, through the safeguard of a strong public domain; and 3) the need to let culture evolve, through the protection of Traditional Cultural Expressions (TCE's). This brief study shows that, although IP rights can be said to afford useful protection to objects of culture – taken in the narrow sense of ‘culture’, they can also …
Owning The Right To Open Up Access To Scientific Publications, Lucie Guibault
Owning The Right To Open Up Access To Scientific Publications, Lucie Guibault
Articles, Book Chapters, & Popular Press
Whether the researchers themselves, rather than the institution they work for, are at all in a position to implement OA principles actually depends on the initial allocation of rights on their works. Whereas most European Union Member States have legislation that provides that the copyright owner is the natural person who created the work, the copyright laws of a number European countries, including those of the Netherlands and the United Kingdom, establish a presumption, according to which the copyright of works made in the course of employment belongs initially to the employer, which in this case would be the university. …
Internet Surveillance, Regulation, And Chilling Effects Online: A Comparative Case Study, Jonathon Penney
Internet Surveillance, Regulation, And Chilling Effects Online: A Comparative Case Study, Jonathon Penney
Articles, Book Chapters, & Popular Press
With internet regulation and censorship on the rise, states increasingly engaging in online surveillance, and state cyber-policing capabilities rapidly evolving globally, concerns about regulatory “chilling effects” online — the idea that laws, regulations, or state surveillance can deter people from exercising their freedoms or engaging in legal activities on the internet have taken on greater urgency and public importance. But just as notions of “chilling effects” are not new, neither is skepticism about their legal, theoretical, and empirical basis; in fact, the concept remains largely un-interrogated with significant gaps in understanding, particularly with respect to chilling effects online. This work …
Individual Licensing And Consumer Protection, Lucie Guibault
Individual Licensing And Consumer Protection, Lucie Guibault
Articles, Book Chapters, & Popular Press
Copyright law is not primarily directed at consumers. Their interests are therefore only marginally accounted for, as the copyright rules exempt specific uses of works from the right holder’s control. This chapter examines the impact of digital technology on the position of consumers of licensed copyrighted content. While ownership of the physical embodiment of a work does not entail the ownership of the rights in the work, how does copyright law deal with ‘disembodied’ works? Whereas digital content is now commonly distributed on the basis of individual licensing schemes, what does it mean for consumers? Do they have a claim …
Internet Surveillance, Regulation, And Chilling Effects Online: A Comparative Case Study, Jonathon Penney
Internet Surveillance, Regulation, And Chilling Effects Online: A Comparative Case Study, Jonathon Penney
Articles, Book Chapters, & Popular Press
With internet regulation and censorship on the rise, states increasingly engaging in online surveillance, and state cyber-policing capabilities rapidly evolving globally, concerns about regulatory “chilling effects” online — the idea that laws, regulations, or state surveillance can deter people from exercising their freedoms or engaging in legal activities on the internet have taken on greater urgency and public importance. But just as notions of “chilling effects” are not new, neither is skepticism about their legal, theoretical, and empirical basis; in fact, the concept remains largely un-interrogated with significant gaps in understanding, particularly with respect to chilling effects online. This work …
Individual Licensing Models And Consumer Protection, Lucie Guibault
Individual Licensing Models And Consumer Protection, Lucie Guibault
Articles, Book Chapters, & Popular Press
Copyright law is not primarily directed at consumers. Their interests are therefore only marginally accounted for, as the copyright rules exempt specific uses of works from the right holder’s control. This chapter examines the impact of digital technology on the position of consumers of licensed copyrighted content. While ownership of the physical embodiment of a work does not entail the ownership of the rights in the work, how does copyright law deal with ‘disembodied’ works? Whereas digital content is now commonly distributed on the basis of individual licensing schemes, what does it mean for consumers? Do they have a claim …
Making Private Copies In The Cloud: Yes, No, Maybe?, Lucie Guibault
Making Private Copies In The Cloud: Yes, No, Maybe?, Lucie Guibault
Articles, Book Chapters, & Popular Press
No abstract provided.
Study On Copyright Limitations And Exceptions For Museums, Lucie Guibault, Jean-François Canat, Elizabeth Logeais
Study On Copyright Limitations And Exceptions For Museums, Lucie Guibault, Jean-François Canat, Elizabeth Logeais
Reports & Public Policy Documents
This study investigates the issue of limitations and exceptions to copyright for the benefit of museums, with a view to strengthening the international understanding of the need to have adequate limitations, exploring existing and proposed models of protection, and moving towards agreement regarding specific exceptions or limitations.
Cultural Heritage Online? Settle It In The Country Of Origin Of The Work, Lucie Guibault
Cultural Heritage Online? Settle It In The Country Of Origin Of The Work, Lucie Guibault
Articles, Book Chapters, & Popular Press
This article examines the conditions under which a system of extended collective licensing (ECL) for the use of works contained in the collections of cultural heritage institutions (CHIs) participating in Europeana could function within a cross-border basis. ECL is understood as a form of collective rights management whereby the application of freely negotiated copyright licensing agreements between a user and a collective management organisation (“CMO”), is extended by law to non-members of the organisation. ECL regimes have already been put in place in a few Member States and so far, all have the ability to apply only on a national …
Making Private Copies In The Cloud: Yes, No, Maybe?, Lucie Guibault
Making Private Copies In The Cloud: Yes, No, Maybe?, Lucie Guibault
Articles, Book Chapters, & Popular Press
Presentation at the Private Use in EU Copyright Law Seminar, Adam Mickiewicz University in Poznań, Poland.
Is Europe Falling Behind In Data Mining? Copyright's Impact On Data Mining In Academic Research, Christian Handke, Lucie Guibault, Joan-Josep Vallbé
Is Europe Falling Behind In Data Mining? Copyright's Impact On Data Mining In Academic Research, Christian Handke, Lucie Guibault, Joan-Josep Vallbé
Articles, Book Chapters, & Popular Press
This empirical paper discusses how copyright affects data mining (DM) by academic researchers. Based on bibliometric data, we show that where DM for academic research requires the express consent of rights holders: (1) DM makes up a significantly lower share of total research output; and (2) stronger rule-of-law is associated with less DM research. To our knowledge, this is the first time that an empirical study bears out a significant negative association between copyright protection and innovation.
Collective Management In The European Union, Lucie Guibault, Stef Van Gompel
Collective Management In The European Union, Lucie Guibault, Stef Van Gompel
Articles, Book Chapters, & Popular Press
No abstract provided.
Faustian Perspective On Digitization: Making A Deal With The Devil, Lucie Guibault
Faustian Perspective On Digitization: Making A Deal With The Devil, Lucie Guibault
Articles, Book Chapters, & Popular Press
No abstract provided.
Faustian Perspective On Digitization: Making A Deal With The Devil, Lucie Guibault
Faustian Perspective On Digitization: Making A Deal With The Devil, Lucie Guibault
Articles, Book Chapters, & Popular Press
Digitization of library material, archives and museum collections, arts organizations repositories is progressing rapidly, and opens up new possibilities of accessing, using and re-using the knowledge embodied in cultural heritage. By giving new purpose and function to works, it enhances the value of the public domain and enriches the public sphere. However, digitization also creates the conditions for the rise of new proprietary entitlements over cultural objects. Such ‘informational monopolies’ are often justified as necessary to recoup the high costs of digitization, or as the basis to provide additional sources of income for the cultural institutions. At the same time, …
Access To Information And Knowledge, Lucie Guibault
Access To Information And Knowledge, Lucie Guibault
Articles, Book Chapters, & Popular Press
No abstract provided.
Open Connectivity, Open Data: Two Dimensions Of The Freedom To Seek, Receive And Impart Information In The New Zealand Bill Of Rights, Jonathon Penney
Open Connectivity, Open Data: Two Dimensions Of The Freedom To Seek, Receive And Impart Information In The New Zealand Bill Of Rights, Jonathon Penney
Articles, Book Chapters, & Popular Press
Recently, ideas about "rights" to Internet access or connectivity have received growing recognition from governments, legal institutions, and other political actors in several countries, including New Zealand Despite this emerging political and legal recognition, there are few, if any, systematic studies exploring such ideas. This paper aims to change this. First, it offers a theoretical exploration of the idea of a "right" to Internet access, including the diferent versions of such rights talk. Secondly, it examines whether there is any legal basis for such rights claims in New Zealand and ultimately argues that section 14 of the New Zealand Bill …
Open Connectivity, Open Data: Two Dimensions Of The Freedom To Seek, Receive And Impart Information In The New Zealand Bill Of Rights, Jonathon Penney
Open Connectivity, Open Data: Two Dimensions Of The Freedom To Seek, Receive And Impart Information In The New Zealand Bill Of Rights, Jonathon Penney
Articles, Book Chapters, & Popular Press
Recently, ideas about "rights" to Internet access or connectivity have received growing recognition from governments, legal institutions, and other political actors in several countries, including New Zealand Despite this emerging political and legal recognition, there are few, if any, systematic studies exploring such ideas. This paper aims to change this. First, it offers a theoretical exploration of the idea of a "right" to Internet access, including the diferent versions of such rights talk. Secondly, it examines whether there is any legal basis for such rights claims in New Zealand and ultimately argues that section 14 of the New Zealand Bill …
Cross-Border Extended Collective Licensing: A Solution To Online Dissemination Of Europe’S Cultural Heritage, Johan Axhamn, Lucie Guibault
Cross-Border Extended Collective Licensing: A Solution To Online Dissemination Of Europe’S Cultural Heritage, Johan Axhamn, Lucie Guibault
Articles, Book Chapters, & Popular Press
The ever increasing use of the Internet and of digitisation technologies have opened up new possibilities for distributing and accessing creative content online, including for cultural heritage institutions. However, the digitisation and dissemination of a substantial proportion of the collections held by European cultural institutions may be considerably hindered due to high transaction costs related to clearance of copyright and related rights. This holds equally true for the cultural institutions taking part in the Europeana project. This study examines whether the Nordic “extended collective licensing” (ECL) model could provide a viable solution to the problems of digitisation and dissemination of …
The Press Exception In The Dutch Copyright Act, Lucie Guibault
The Press Exception In The Dutch Copyright Act, Lucie Guibault
Articles, Book Chapters, & Popular Press
No abstract provided.
Open Content Licensing: From Theory To Practice, Lucie Guibault, Christina Angelopoulos
Open Content Licensing: From Theory To Practice, Lucie Guibault, Christina Angelopoulos
Articles, Book Chapters, & Popular Press
Although open content licences only account for a fraction of all copyright licences currently in force in the copyright world, the mentality change initiated by the open content movement is here to stay. To promote the use of open content licences, it is important to better understand the theoretical underpinnings of these licences, as well as to gain insight on the practical advantages and inconveniences of their use. This book assembles chapters written by renowned European scholars on a number of selected issues relating to open content licensing. It offers a comprehensive and objective study of the principles of open …
Technology And Judicial Reason: Digital Copyright, Secondary Liability, And The Problem Of Perspective, Jonathon Penney
Technology And Judicial Reason: Digital Copyright, Secondary Liability, And The Problem Of Perspective, Jonathon Penney
Articles, Book Chapters, & Popular Press
Theories abound about how to understand and explain the development copyright law. Few, however, have focused specifically on the development of secondary liability in digital copyright law. Fewer still have analyzed or theorized the factors that may have driven or influenced that development, particularly judicial reasoning, beyond the obvious point that technology or the Internet has played a role. This essay aims to help fill this gap by investigating the nature of judicial reasoning about technology in secondary liability and digital copyright cases. I will argue that two underlying and competing approaches to technology have deeply influenced judicial reasoning and …
The Recasting Of Copyright & Related Rights For The Knowledge Economy, P Bernt Hugenholtz, Mireille Van Eechoud, Stef J. Van Gompel, Natali Helberger, Lucie Guibault
The Recasting Of Copyright & Related Rights For The Knowledge Economy, P Bernt Hugenholtz, Mireille Van Eechoud, Stef J. Van Gompel, Natali Helberger, Lucie Guibault
Reports & Public Policy Documents
In the European Union, copyright law is increasingly a matter for the European legislator. Member states retain ever less competence to regulate intellectual property rights.
This study critically examines the 'acquis communautaire' in the field of copyright and related (neighbouring) rights, focusing on the seven copyright specific directives, from the 1991 Software directive to the 2001 Information Society Directive. It also deals with distinct issues that are on the agenda of the EU: After reviewing arguments for and against the extension of the term of protection of phonograms (sound recordings), the authors conclude there is no convincing case for extending …
Unravelling The Myth Around Open Source Licences - An Analysis From A Dutch And European Law Perspective, Lucie Guibault, Ot Van Daalen
Unravelling The Myth Around Open Source Licences - An Analysis From A Dutch And European Law Perspective, Lucie Guibault, Ot Van Daalen
Articles, Book Chapters, & Popular Press
Open source software licences are based on two fundamental principles: the possibility for users to use the software for any purpose and the possibility to modify and redistribute it without prior authorisation from the initial developer. Some open source software licences, like the General Public Licence (GPL), also impose a corollary obligation on the licensee: to make the source code available to other developers. The idea behind this form of licensing is that when programmers can read, redistribute and modify the source code for a piece of software, the software evolves. A number of legal challenges need to be addressed …