scholarly journals The Copyright Surveillance Industry

2015 ◽  
Vol 3 (2) ◽  
pp. 42-52
Author(s):  
Mike Zajko
Keyword(s):  
New Technologies ◽  
Copyright Infringement ◽  
Copyright Law ◽  
Digital Content ◽  
Media Industries ◽  
The Internet ◽  
Surveillance Systems ◽  
Copyright Enforcement ◽  
And Control ◽  
Monitor And Control

Creative works are now increasingly distributed as digital “content” through the internet, and copyright law has created powerful incentives to monitor and control these flows.<strong> </strong>This paper analyzes the surveillance industry that has emerged as a result. Copyright surveillance systems identify copyright infringement online and identify persons to hold responsible for infringing acts. These practices have raised fundamental questions about the nature of identification and attribution on the internet, as well as the increasing use of algorithms to make legal distinctions. New technologies have threatened the profits of some media industries through copyright infringement, but also enabled profitable forms of mass copyright surveillance and enforcement. Rather than a system of perfect control, copyright enforcement continues to be selective and uneven, but its broad reach results in systemic harm and provides opportunities for exploitation. It is only by scrutinizing copyright surveillance practices and copyright enforcement measures that we can evaluate these consequences.

scholarly journals Remix’s retreat? Content moderation, copyright law and mashup music

2021 ◽  
pp. 146144482110260
Author(s):  
Ragnhild Brøvig-Hanssen ◽  
Ellis Jones
Keyword(s):  
Online Survey ◽  
Copyright Infringement ◽  
Copyright Law ◽  
Online Media ◽  
Economic Power ◽  
Grey Zone ◽  
Negative Effect ◽  
State Of Affairs ◽  
Political Economic ◽  
And Control

Many online media platforms currently utilise algorithmically driven content moderation to prevent copyright infringement. This article explores content moderation’s effect on mashup music – a form of remix which relies primarily on the unauthorised combining of pre-existing, recognisable recordings. Drawing on interviews ( n = 30) and an online survey ( n = 92) with mashup producers, we show that content moderation affects producers’ creative decisions and distribution strategies, and has a strong negative effect on their overall motivation to create mashups. The objections that producers hold to this state of affairs often strongly resonate with current copyright exceptions. However, we argue that these exceptions, which form a legal ‘grey zone’, are currently unsatisfactorily accommodated for by platforms. Platforms’ political-economic power allows them, in effect, to ‘occupy’ and control this zone. Consequently, the practical efficacy of copyright law’s exceptions in this setting is significantly reduced.

scholarly journals Global surveillance of emerging diseases: the ProMED-mail perspective

2001 ◽  
Vol 17 (suppl) ◽  
pp. S147-S154 ◽  
Author(s):  
John P. Woodall
Keyword(s):  
Disease Surveillance ◽  
Emerging Diseases ◽  
World Health ◽  
The Internet ◽  
Surveillance Systems ◽  
The Media ◽  
Infectious Disease Specialists ◽  
Health Organization ◽  
And Control ◽  
Official Sources

The Internet is changing the way global disease surveillance is conducted. Countries and international organizations are increasingly placing their outbreak reports on the Internet, which speeds up distribution and therefore prevention and control. The World Health Organization (WHO) has recognized the value of nongovernmental organizations and the media in reporting outbreaks, which it then attempts to verify through its country offices. However, WHO and other official sources are constrained in their reporting by the need for bureaucratic clearance. ProMED-mail <www.promedmail.org> has no such constraints, and posts outbreak reports 7 days a week. It is moderated by infectious disease specialists who add relevant comments. Thus, ProMED-mail complements official sources and provides early warning of outbreaks. Its network is more than 20,000 people in over 150 countries, who place their computers and time at the network's disposal and report on outbreaks of which they have knowledge. Regions and countries could benefit from adopting the ProMED-mail approach to complement their own disease surveillance systems.

scholarly journals Copyright Infringement in the Internet Era: The Challenge of MP3s

1969 ◽  
pp. 891
Author(s):  
Alex Colangelo
Keyword(s):  
New Technologies ◽  
Copyright Infringement ◽  
The Internet ◽  
Computer User ◽  
Substantial Cost ◽  
Copyright Laws ◽  
Domestic Legislation

The advent of new technologies, such as the digitization of music and Internet networking, has greatly expanded the ease with which copyright infringement can occur. These new technologies have made it possible for the average computer user to bypass copyright laws effortlessly and without detection, at a substantial cost for legitimate copyright holders. It will be argued in this article that stronger domestic legislation is needed in order to adequately protect copyright owners from widespread infringement.

scholarly journals Copyright’s Digital/Analog Divide

2016 ◽  
Author(s):  
Matthew Sag
Keyword(s):  
Copyright Infringement ◽  
Copyright Law ◽  
Fair Use ◽  
Cultural Participation ◽  
Private Interests ◽  
Private Control ◽  
Media Environments ◽  
The Many ◽  
Copyright Enforcement ◽  
Made In

This Article shows how the substantive balance of copyright law has beenovershadowed online by the system of intermediary safe harbors enacted aspart of the Digital Millennium Copyright Act (“DMCA”) in 1998. The Internetsafe harbors and the system of notice-and-takedown fundamentally changedthe incentives of platforms, users, and rightsholders in relation to claimsof copyright infringement. These different incentives interact to yield afunctional balance of copyright online that diverges markedly from theexperience of copyright law in traditional media environments. This articlealso explores a second divergence: the DMCA’s safe harbor system is beingsuperseded by private agreements between rightsholders and large commercialInternet platforms made in the shadow of those safe harbors. Theseagreements relate to automatic copyright filtering systems, such asYouTube’s Content ID, that not only return platforms to their gatekeepingrole, but encode that role in algorithms and software.The normative implications of these developments are contestable. Fair useand other axioms of copyright law still nominally apply online; but inpractice, the safe harbors and private agreements made in the shadow ofthose safe harbors are now far more important determinants of onlinebehavior than whether that conduct is, or is not, substantively incompliance with copyright law. The diminished relevance of substantivecopyright law to online expression has benefits and costs that appearfundamentally incommensurable. Compared to the offline world, onlineplatforms are typically more permissive of infringement, and more open tonew and unexpected speech and new forms of cultural participation. However,speech on these platforms is also more vulnerable to over-reaching claimsby rightsholders. There is no easy metric for comparing the value ofnon-infringing expression enabled by the safe harbors to that which hasbeen unjustifiably suppressed by misuse of the notice-and-takedown system.Likewise, the harm that copyright infringement does to rightsholders is noteasy to calculate, nor is it easy to weigh against the many benefits of thesafe harbors.DMCA-plus agreements raise additional considerations. Automatic copyrightenforcement systems have obvious advantages for both platforms andrightsholders; they may also allow platforms to be more hospitable tocertain types of user content. However, automated enforcement systems mayalso place an undue burden on fair use and other forms of non-infringingspeech. The design of copyright enforcement robots encodes a series ofpolicy choices made by platforms and rightsholders and, as a result,subjects online speech and cultural participation to a new layer of privateordering and private control. In the future, private interests, not publicpolicy will determine the conditions under which users get to participatein online platforms that adopt these systems. In a world wherecommunication and expression is policed by copyright robots, thesubstantive content of copyright law matters only to the extent that thosewith power decide that it should matter.Keywords: Copyright, DMCA, Infringement, Internet, Safe harbors,Enforcement, Fair use, Automation, Algorithms, Robots.

Fair Use, Fair Dealing: will they survive?

2001 ◽  
Vol 26 (4) ◽  
pp. 18-21 ◽  
Author(s):  
Rina Elster Pantalony
Keyword(s):  
Web Sites ◽  
New Technologies ◽  
Copyright Law ◽  
Fair Use ◽  
Digital Content ◽  
Fair Dealing ◽  
Absurd Conclusion ◽  
On Line ◽  
The Right ◽  
Gain Access

A previous article by this author discussed an emerging phenomenon on the Internet. That is, how the law, by denying copyright protection to certain kinds of digital works, may have restricted access to such works instead of liberating them, as was initially intended by the judiciary. This absurd conclusion has resulted from owners whose works are no longer protected by copyright law, who have resorted to restrictive contractual provisions on-line to control access and use of their works. And in turn, owners of such content are still able to generate revenue by charging a subscription fee for the right to gain access to the information contained therein. The result is particularly troubling to end users of digital content. If copyright law is no longer applicable, then what of the Fair Use/Fair Dealing defences available to users of these works? Does this mean that these defences are not applicable either? Are users of such content completely at the mercy of the owners’ terms and conditions of use as dictated by click-on agreements and Rules of Use posted on Web sites? This article discusses the application of Fair Dealing and Fair Use to Internet-based works, by examining the legislative and judicial responses to the ambiguities in their intellectual property protection which new technologies create.

The State and Digital Society in China: Big Brother Xi is Watching You!

2020 ◽  
Vol 56 (01) ◽  
pp. 2040003
Author(s):  
JEAN-PIERRE CABESTAN
Keyword(s):  
New Technologies ◽  
Real Life ◽  
Developed Countries ◽  
Chinese Society ◽  
Surveillance Systems ◽  
Credit System ◽  
Big Brother ◽  
Social Credit ◽  
Privacy Breaches ◽  
And Control

There is no question that China is ahead of many developed countries in the digitalization of both its society and surveillance systems. It is also clear that the new technologies made possible by this digitalization — the widespread use of smart ID cards, the Great Firewall, the accumulation of Big Data, the social credit system (SCS) and facial recognition — have enhanced the capacity of the Chinese Communist Party (CCP) to rule China, maintain control over society and stay in power indefinitely. While these are not the only systems in place to manage and control Chinese citizens and this is not their sole purpose, these developments have been rightly seen as part of an ambitious Orwellian project to micromanage and microcontrol every aspect of Chinese society. To better comprehend the significance of this new phenomenon, this paper employs Michel Foucault’s “Panopticon” metaphor, the perfect mean of surveillance and discipline as well as an “apparatus of power.” Yet, these new technologies have their own limits. In real life there is no perfect Panopticon as no society, even the most controlled one, is a sealed prison. Censorship on the Web is erratic and the full implementation of the SCS is likely to be postponed beyond 2020 for both technical and political reasons, as more Chinese citizens have raised concerns about unchecked data collection and privacy breaches. As a result, China is probably heading toward a somewhat fragmented digitalized society and surveillance system that is more repressive in some localities and more flexible in others, as is the case with the Chinese bureaucracy in general.

scholarly journals Copyright Gossip: Exploring Copyright Opinions, Theories, and Strategies on YouTube

2021 ◽  
Vol 7 (3) ◽  
pp. 205630512110369
Author(s):  
D. Bondy Valdovinos Kaye ◽  
Joanne E. Gray
Keyword(s):  
Content Analysis ◽  
Qualitative Content Analysis ◽  
Copyright Infringement ◽  
Copyright Law ◽  
Good Information ◽  
Systematic Analysis ◽  
Digital Platforms ◽  
The World ◽  
Youtube Videos ◽  
Copyright Enforcement

This study investigates copyright discourses on YouTube. Through a qualitative content analysis of 144 YouTube videos, we explore how YouTube creators understand copyright law, how they minimize risks posed by copyright infringement, and how they navigate a highly technical and dynamic copyright enforcement ecosystem. Our findings offer insights into how digitally situated cultural producers are impacted by and respond to automated content moderation. This is important because increasingly lawmakers around the world are asking digital platforms to implement efficient systems for content moderation, and yet there is a lack of good information about the stakeholders most directly impacted by these practices. In this study, we present a systematic analysis of copyright gossip, building on the concept of algorithmic gossip, which comprises the opinions, theories, and strategies of creators who are affected by YouTube’s copyright enforcement systems.

Introduction

2020 ◽  
pp. 1-26
Author(s):  
Stavroula Karapapa
Keyword(s):  
Business Models ◽  
Industrial Revolution ◽  
New Technologies ◽  
Copyright Infringement ◽  
Copyright Law ◽  
The European Union ◽  
Normative Force ◽  
Fourth Industrial Revolution ◽  
Modern Business ◽  
Exceptions And Limitations

The fourth industrial revolution has emerged through the advancement of new technologies, innovative services, and modern business models, which often rely on the use and re-use of copyright-protected content. Although having the potential to enhance public welfare, these technologies and services challenge the limits of copyright law, especially in the European Union where the approach to defensive rules lacks flexibility. Under EU copyright law, exclusive rights are drafted in broad terms and with a high degree of generality, whereas the so-called exceptions and limitations to copyright are narrowly drafted and strictly interpreted, with the result that the breadth of permissible use is rather narrow. Because the fourth industrial revolution promises innovation and business growth—stated objectives of EU copyright—it invites an examination of defensive rules as a whole. The book adopts a holistic approach in its exploration of the limits of permissibility under EU copyright, including legislatively mentioned exceptions and limitations, doctrinal principles, and rules external to copyright, with a view to unveiling possible gaps and overlaps, offering a novel classification of defensive rules, and evaluating the adaptability of the law towards technological change. In this light, the work attempts to offer a measure of conceptual organization for defences to copyright infringement that may foster the development of a fresh understanding on how defensive rules against copyright infringement operate as a system; how they unveil their normative force; where instances of gaps or overlaps exist between defences; and how defences should be developed in light of future law reform or possible interpretative expansion.

Extended Collective Licencing in the DSM Directive ‒ An Opportunity to Make Art. 17 DSM Directive Work?

2021 ◽  
Author(s):  
Nils Rauer ◽  
Alexander Bibi
Keyword(s):  
Service Providers ◽  
Copyright Law ◽  
Digital Content ◽  
The Internet ◽  
The Core ◽  
Technological Developments

Abstract Digital content is the core asset and currency of the internet. However, there is a common and well-founded perception that those who create this content do not participate in the revenue generated online as they ought to. Adequate protection by way of a modern and concise copyright regime is rightly deemed to be the answer to this dilemma. Accordingly, the legislator has made several attempts to keep pace with the technological developments of the last two decades. Still, it remains a struggle. The latest legislative amendment within European copyright law has created a very interesting tool kit. New liabilities and licensing obligations for major service providers come hand in hand with the opportunity to obtain extended collective licenses. Deploying these tools in a sensible and dovetailed way could be highly rewarding. The following article looks more closely into this opportunity.

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