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Full-Text Articles in Law
Improper Appropriation, Daniel J. Gervais
Improper Appropriation, Daniel J. Gervais
Daniel J Gervais
The traditional (Arnstein) test for copyright infringement is satisfied when the owner of a valid copyright establishes unauthorized copying by the defendant. To demonstrate unauthorized copying, one of the major tests is that the plaintiff must first show that her work was actually copied; second, she must establish substantial similarity and/or that the copying amounts to an improper or unlawful appropriation. The second prong is satisfied when (i) protected expression in the earlier work was copied and (ii) the amount of the copyrighted work that is copied must be more than de minimis. This Article examines, first, how impropriety has …
Exploring The Interfaces Between Big Data And Intellectual Property Law, Daniel J. Gervais
Exploring The Interfaces Between Big Data And Intellectual Property Law, Daniel J. Gervais
Daniel J Gervais
This article reviews the application of several IP rights (copyright, patent, sui generis database right, data exclusivity and trade secret) to Big Data. Beyond the protection of software used to collect and process Big Data corpora, copyright’s traditional role is challenged by the relatively unstructured nature of the non-relational (noSQL) databases typical of Big Data corpora. This also impacts the application of the EU sui generis right in databases. Misappropriation (tort-based) or anti-parasitic behaviour protection might apply, where available, to data generated by AI systems that has high but short-lived value. Copyright in material contained in Big Data corpora must …
Blockchain And Smart Contracts: The Missing Link In Copyright Licensing?, Balazs Bodo, Daniel Gervais, Joao Pedro Quintais
Blockchain And Smart Contracts: The Missing Link In Copyright Licensing?, Balazs Bodo, Daniel Gervais, Joao Pedro Quintais
Daniel J Gervais
Copyright, E-Commerce And The World Wide Web, Daniel J. Gervais
Copyright, E-Commerce And The World Wide Web, Daniel J. Gervais
Daniel J Gervais
This early (2001) piece on the impact of the online environment on the significance and enforcement of copyright is now available online. It begins by defining concepts that were new at the time, such as Digital Rights Management (DRM) and Electronic Copyright management Systems (ECMS), and the changes in business models, both those already taking place and those that could be expected to happen. It then explores the notions of negative and positive licensing and makes the point, which future events would seem to bear out, that both right holders and users do better when right holders focus on maximizing …