Copyright, Data Mining And Developing Models For South African Natural Language Processing,
2023
American University Washington College of Law
Copyright, Data Mining And Developing Models For South African Natural Language Processing, Chijioke Okorie
Joint PIJIP/TLS Research Paper Series
This paper sets out the issues of copyright ownership and risk of copyright infringement liability raised by data science research use of data held by public bodies (in particular, public service broadcasters) in South Africa. Considering both the fair dealing exception in South Africa’s Copyright Act of 1978 and the proposed fair use provision in its Copyright Amendment Bill B13F-2017, the paper discusses these issues elaborating on the reasons why data science researchers in public research institutions should not require a copyright licence or be considered to be infringing copyright when they use copyright-protected materials held by public bodies for …
Ai And The Issue Of Human-Centricity In Copyright Law,
2023
National Law School of India University, Bengaluru
Ai And The Issue Of Human-Centricity In Copyright Law, Arul George Scaria
Popular Media
This article urges Indian policymakers and courts to be cautious in extending existing IP protections to work generated by Artificial Intelligence. Reflecting on the concept of human-centricity in copyright law, it draws upon a recent US District Court judgement in Stephen Thaler v. Shira Perlmutter, which deals with the question of whether a work autonomously generated by AI should be copyrightable. It goes on to examine the Indian copyright regime in light of changing attitudes to AI regulation across the world.
To Mint Or Not To Mint: Non-Fungible Tokens And The Right Of Publicity,
2023
Fordham University School of Law
To Mint Or Not To Mint: Non-Fungible Tokens And The Right Of Publicity, Hannah Bobek
Fordham Law Review
Non-fungible tokens (NFTs) allow for authentication and ownership of digital assets, which are notable features in the virtual world given the infiniteness of internet content. The emergence of this novel technology, however, has raised challenges, especially regarding enforcement of the right of publicity. This Note addresses how litigators have approached right of publicity violations arising from NFTs and how courts might respond to future violations that this technology is capable of facilitating. Legal scholars and commentators argue that certain features of NFTs pose pronounced threats to the right of publicity, namely the technology’s novelty, democratized nature, anonymization of creators, transferability …
The Constitutional Court Of Colombia Imposes Limits On The Use Of Internet Jammers During Social Protests,
2023
American University Washington College of Law
The Constitutional Court Of Colombia Imposes Limits On The Use Of Internet Jammers During Social Protests, Carolina Botero, Lina Paola Velásquez
Joint PIJIP/TLS Research Paper Series
The Constitutional Court of Colombia has issued an important ruling regarding the use of the Internet as the main tool to guarantee the fundamental rights to freedom of speech and access to information during social protests. This ruling marks an important precedent in the matter because it imposed new obligations on the State and the government to guarantee the "maximum level of information". Likewise, the Court ordered the regulation of the use of signal jammers during social protests. This article will analyze the ruling and its effects in Colombia.
The Conclusions Of Sccr 44,
2023
American University Washington College of Law
The Conclusions Of Sccr 44, Sean Flynn
Joint PIJIP/TLS Research Paper Series
Last week, the World Intellectual Property Organization’s Standing Committee on Copyright and related Rights (SCCR) held its 44th meeting where substantial progress was made in protecting public interest issues within the two major standing items of the agenda -- on the Broadcast Treaty and on Limitations and Exceptions. This document summarizes the decisions made at the meeting as recorded in the Chair’s Summary.
Excerpts Of Sccr 44 Delegate Statements,
2023
American University Washington College of Law
Excerpts Of Sccr 44 Delegate Statements, Sean Flynn, Andres Izquierdo
Joint PIJIP/TLS Research Paper Series
The World Intellectual Property Organization’s Standing Committee on Copyright and Related Rights (SCCR) held its 44th meeting November 6-8, 2023. This post includes excerpts from the public statements made by country or regional delegations during the meeting.
Navigating Risk In Vendor Data Privacy Practices: An Analysis Of Elsevier's Sciencedirect,
2023
LDH Consulting Services
Navigating Risk In Vendor Data Privacy Practices: An Analysis Of Elsevier's Sciencedirect, Becky Yoose, Nick Shockey
Copyright, Fair Use, Scholarly Communication, etc.
Executive Summary
As libraries transitioned from buying materials to licensing content, serious threats to privacy followed. This change shifted more control over library user data (and whether it is collected or kept at all) from the local library to third-party vendors, including personal data about what people search for and what they read. This transition has further reinforced the move by some of the largest academic publishers to move beyond content and become data analytics businesses that provide platforms of tools used throughout the research lifecycle that can collect user data at each stage. These companies have an increasing incentive …
Infrostructure(S): Administering Information,
2023
Marquette University Law School
Infrostructure(S): Administering Information, Kali Murray
Buffalo Law Review
This Article, Infrostructure(s): Administering Information, considers how authoritative entities generate, manage, and produce informational structures, facilities, and architectures that support market creation and creative economy decision-making between private parties and entities. The term infrostructure, as opposed to other terms, such as infostructure and infosphere, suggests that infrostructures play vital roles in modern democratic life including producing new information resources, facilitating private transactions between private parties, and building the administrative state.
This Article is divided into two parts. Part I discusses how information regulation is mediated through information forms and information systems with a focus on the materialities of information forms …
Executive Order On The Safe, Secure, And Trustworthy Development And Use Of Artificial Intelligence,
2023
United States Office of the President
Executive Order On The Safe, Secure, And Trustworthy Development And Use Of Artificial Intelligence, Joseph R. Biden
Copyright, Fair Use, Scholarly Communication, etc.
Section 1. Purpose. Artificial intelligence (AI) holds extraordinary potential for both promise and peril. Responsible AI use has the potential to help solve urgent challenges while making our world more prosperous, productive, innovative, and secure. At the same time, irresponsible use could exacerbate societal harms such as fraud, discrimination, bias, and disinformation; displace and disempower workers; stifle competition; and pose risks to national security. Harnessing AI for good and realizing its myriad benefits requires mitigating its substantial risks. This endeavor demands a society-wide effort that includes government, the private sector, academia, and civil society.
My Administration places the highest urgency …
Copyright And Generative Ai: Insights From The Project On The Right To Research,
2023
American University Washington College of Law
Copyright And Generative Ai: Insights From The Project On The Right To Research, Sean M. Fiil-Flynn
Joint PIJIP/TLS Research Paper Series
With the widespread launch of “generative AI” technology capable of creating music, art and text that could potentially substitute for the work of human creators, policy makers around the world are highly focused on how and whether copyright law should change in response. This paper summarizes results from studies that have been commissioned as part of the Project on the Right to Research in International Copyright coordinated by American University’s Program on Information Justice and Intellectual Property. That project focuses on uses of copyrighted works in text and data mining technology by scientific researchers. The same text and data mining …
Mcgucken V. Pub Ocean Ltd.,
2023
Golden Gate University School of Law
Mcgucken V. Pub Ocean Ltd., Christina Robinson
Golden Gate University Law Review
This case summary details the decision in McGucken v. Pub Ocean Ltd., 42 F.4th 1149 (9th Cir. 2022), in which the U.S. Court of Appeals for the Ninth Circuit analyzed the proper application of the fair use doctrine under the U.S. Copyright Act. The Copyright Act (17 U.S.C. §§ 101 et. seq. (1976)) seeks to further cultural advancements by protecting the exclusive rights of creators. The fair use doctrine protects the interests of those who build upon the work of creators when they use portions of previously copyrighted works. In McGucken, the Ninth Circuit reversed the sua sponte …
The Economics Of Medical Patents And The U.S. Government’S Role In Drug Price Negotiations,
2023
Cardozo Arts & Entertainment Law Journal
The Economics Of Medical Patents And The U.S. Government’S Role In Drug Price Negotiations, Eddie Halwani
AELJ Blog
The U.S. government’s recent but unusual push to negotiate drug prices has struck a chord with many Americans, with polls showing a significant, bipartisan majority favoring the action.This action presents an opportunity to appreciate medical patents’ role in spurring innovation forward. Amid changing policies, medical patents shape the accessibility and affordability of care through their impact on drug pricing. Drug prices in the United States are notably high—about 2.4 times those in other developed countries.
This post was originally published on the Cardozo Arts & Entertainment Law Journal website on October 24, 2023. The original post can be accessed via …
Signs Of Life: The Current State Of Generative Content And Copyright Protection,
2023
Cardozo Arts & Entertainment Law Journal
Signs Of Life: The Current State Of Generative Content And Copyright Protection, Ryan Bickett
AELJ Blog
With the recent rise in Artificial Intelligence (“AI”) and its broadening use by the public, questions have arisen regarding the applicability of copyright law over both the content it sources and creates. While the answers remain unclear as this technology rapidly updates, there have been recent legal developments which will shape how we deal with this content.
This post was originally published on the Cardozo Arts & Entertainment Law Journal website on October 24, 2023. The original post can be accessed via the Archived Link button above.
Developing A Human Right To Research In International Law,
2023
American University Washington College of Law
Developing A Human Right To Research In International Law, Sanya Samtani
Joint PIJIP/TLS Research Paper Series
The covid-19 pandemic has highlighted issues concerning equitable access to and participation in research. But research has always been indispensable to human development. To what extent does international law guarantee access to research as well as the practice of researching? Drawing on the social anthropology definition of research as the pursuit of that which is not yet known, this paper locates a novel human right to research within the core international human rights covenants. The paper sets out the scope and content of the right and the nature and content of State obligations flowing from it. It concludes by outlining …
Integrating Nist And Iso Cybersecurity Audit And Risk Assessment Frameworks Into Cameroonian Law,
2023
University of the Free State
Integrating Nist And Iso Cybersecurity Audit And Risk Assessment Frameworks Into Cameroonian Law, Bernard Ngalim
Journal of Cybersecurity Education, Research and Practice
This paper reviews cybersecurity laws and regulations in Cameroon, focusing on cybersecurity and information security audits and risk assessments. The importance of cybersecurity risk assessment and the implementation of security controls to cure deficiencies noted during risk assessments or audits is a critical step in developing cybersecurity resilience. Cameroon's cybersecurity legal framework provides for audits but does not explicitly enumerate controls. Consequently, integrating relevant controls from the NIST frameworks and ISO Standards can improve the cybersecurity posture in Cameroon while waiting for a comprehensive revision of the legal framework. NIST and ISO are internationally recognized as best practices in information …
Copyright Fiduciaries: Problems And Solutions,
2023
Boston University School of Law
Copyright Fiduciaries: Problems And Solutions, Jessica Silbey
Faculty Scholarship
Andrew Gilden & Eva E. Subotnik, Copyright’s Capacity Gap, 57 U.C. Davis L. Rev. __ (forthcoming, 2023), available at SSRN (Aug. 9, 2023).
In this forthcoming article, Andrew Gilden and Eva Subotnik begin an important conversation about an underexplored area of copyright law. Their focus is copyright law’s inconsistent treatment of mental capacity. Under copyright law, copyright authors can produce valuable copyrighted work but those same authors may lack the legal capacity to make decisions about if, when, or how to exploit that work. For example, children and people with mental illness or disability can be copyright authors, but …
I Can’T Believe It’S Not Skittles! Broad Summary Of Advertising And Packaging Regulations For Cannabis Dispensaries In New York State,
2023
Cardozo Arts & Entertainment Law Journal
I Can’T Believe It’S Not Skittles! Broad Summary Of Advertising And Packaging Regulations For Cannabis Dispensaries In New York State, Lauren Woods
AELJ Blog
Newly passed legislation often represents the changing nature of public opinion and societal attitudes. In New York State, for example, the general public’s softening and more accepting view of marijuana consumption was highlighted when the state approved legal marijuana use in a medical setting in 2014. Seven years later, New York State passed the Marihuana Regulation & Taxation Act (“MTRA”) and officially legalized “the possession of adult-use recreational cannabis for all adults over the age twenty-one.” A highlight of the act is how it addresses how the current state of cannabis regulation in the state is suboptimal, and how its …
The Aftermath Of Murphy V. Ncaa: State And Congressional Reactions To Leaving Sports Gambling Regulation To The States,
2023
Cardozo Arts & Entertainment Law Journal
The Aftermath Of Murphy V. Ncaa: State And Congressional Reactions To Leaving Sports Gambling Regulation To The States, Ethan Mordekhai
AELJ Blog
In 2018, the Supreme Court ruled in Murphy v. NCAA that the Professional and Amateur Sports Protection Act of 1992 (“PAPSA”) violated the anti-commandeering rule and was therefore unconstitutional. PAPSA had effectively barred states from authorizing sports gambling. The act did not make sports gambling a federal crime, however it did allow professional sports organizations to bring civil actions to enjoin violations. Thus, after the New Jersey legislature authorized sports gambling in 2012, the NCAA brought a federal action to enjoin the law on the ground that it violated PAPSA. The case made its way to the Supreme Court, and …
Mpp Covid-19 Antiviral Medicines Licenses – Licensed Territories, Supply Options For Excluded Territories, And Supply Barriers Arising From Trade-Secret Transfer,
2023
American University Washington College of Law
Mpp Covid-19 Antiviral Medicines Licenses – Licensed Territories, Supply Options For Excluded Territories, And Supply Barriers Arising From Trade-Secret Transfer, Brook K. Baker
Joint PIJIP/TLS Research Paper Series
This is a paper that analyzes Medicine Patent Pool licenses for three COVID-19 antivirals, including licensed territories, patent landscapes, supply options, regulatory status, and supply barriers arising from licensee acceptance of trade-secret information from the originator licensor. It concludes that at present there is no existing WHO prequalified licensee that can supply nirmatrelvir + ritonavir outside the Pfizer licensed territory, whereas there are potential molnupiravir licensees that can supply outside licensed territories where there is no blocking patent exists or a compulsory license has been issued in the country of import or use. The paper concludes with an assessment that …
What Happens When The Public Wants To Remove Public Art? The Second Circuit Weighs In On One Recent Vara Case,
2023
Cardozo Arts & Entertainment Law Journal
What Happens When The Public Wants To Remove Public Art? The Second Circuit Weighs In On One Recent Vara Case, Paige Green
AELJ Blog
n 1990, the Visual Artists’ Rights Act (VARA) became a welcome addition to the federal Copyright Act of 1976. VARA was the first time the “moral rights” of an artist were federally protected in the United States. Moral rights are commonly understood to provide attribution to artists and protect the integrity of visual art pieces. Under VARA, this means authors have a right to claim authorship on pieces they create, prevent the use of their name on a work they did not create, and prohibit the destruction of works of “recognized statute” (both intentional and through gross negligence). The law …
