scholarly journals Rock against the Trans-Pacific Partnership: copyright law, the creative industries and internet freedom

2020 ◽  
pp. 38-73
Keyword(s):  
Copyright Law ◽  
Creative Industries ◽  
Internet Freedom

Authors, Users, and Pirates

2018 ◽  
Author(s):  
James Meese
Keyword(s):  
Digital Media ◽  
Media Studies ◽  
Cultural Theory ◽  
Radio Spectrum ◽  
Copyright Law ◽  
Creative Industries ◽  
Channel Networks ◽  
Relational Approach ◽  
Critical Issues ◽  
Way Of Thinking

How should we think about authorship, use and piracy in an era of media convergence? How does the growing focus on amateur creativity impact on existing legal and cultural understandings of around creation? And why are the author, user and pirate so prominent in debates around copyright law? Authors, Users, Pirates: Copyright Law and Subjectivity presents a new way of thinking about these three central subjects of copyright. It outlines a relational approach to subjectivity, charting connections between the author, user and pirate through a series of historical and contemporary case studies, moving from early regulatory debates around radio spectrum and nineteenth century cases on book abridgments to the controversial reuse of Instagram photos and the emergence of multi-channel networks on YouTube. The book draws on legal scholarship, cultural theory and media studies research to provide a new way of thinking about subjectivity and copyright. It also offers insights into a range of critical issues that sit at the intersection of copyright law and digital media including online copyright infringement, amateur media production and the potential futures of creative industries.

scholarly journals How relevant is copyright to online artists? A qualitative study of understandings, coping strategies, and possible solutions

First Monday ◽  
2016 ◽  
Author(s):  
Liz Dowthwaite ◽  
Robert J. Houghton ◽  
Richard Mortier
Keyword(s):  
Social Media ◽  
Qualitative Study ◽  
Copyright Law ◽  
Creative Industries ◽  
The Internet ◽  
Structured Interviews ◽  
Content Sharing ◽  
Copyright Laws ◽  
Creative Space ◽  
The Eu

Online copyright law is a major issue for many in the creative industries. Independent artists often rely on sharing their work across social media and content-sharing sites, leaving them open to having their work stolen or misused. This paper discusses a series of 11 semi-structured interviews that examined attitudes towards copyright and attribution amongst webcomic artists, in relation to current copyright laws across the EU and internationally. Whilst artists are generally aware of the cover provided by copyright, they feel that it is not necessarily relevant or effective within the creative space they work in. There is very little support and there are few resources available to help them to fight for control of their work, and whilst artists do get angry about actual theft and removal of attribution, they accept that they have to put up with certain violations if they wish to continue to publish comics for free on the Internet. The paper ends by discussing potential solutions to the problems raised.

scholarly journals The Maker Movement: Copyright Law, Remix Culture and 3D Printing

2017 ◽  
Author(s):  
Matthew Rimmer
Keyword(s):  
Intellectual Property ◽  
3D Printing ◽  
The United States ◽  
Copyright Law ◽  
Patent Law ◽  
Creative Industries ◽  
Maker Movement ◽  
Marcel Duchamp ◽  
The Impact ◽  
The Maker Movement

Rimmer, Matthew (2017) The Maker Movement: Copyright law, remix culture, and 3D printing. University of Western Australia Law Review, 41(2), pp. 51-84.There has been much interest in how intellectual property law, policy, and practice will adapt to the emergence of 3D printing and the maker movement. Intellectual property lawyers will have to grapple with the impact of additive manufacturing upon a variety of forms of intellectual property – including copyright law, trade mark law, designs law, patent law, and trade secrets. The disruptive technology of 3D printing will both pose opportunities and challenges for legal practitioners and policy-makers.Rather than try to survey this expanding field, this article considers a number of early conflicts and skirmishes in respect of copyright law and 3D printing. There has been significant interest in the impact of 3D printing on copyright law and the creative industries. There have been classic issues raised about copyright subsistence, and the overlap between copyright law and designs. There has also been a moral panic about 3D printing facilitating copyright infringement – like peer to peer networks such as Napster in the past. There has been a use of open licensing models such as Creative Commons licensing to facilitate the sharing of 3D printing files. Such battles highlight a conflict between the open culture of the Maker Movement, and the closed culture of copyright industries. In many ways, such conflicts touch upon classic issues involved in ‘information environmentalism’. Part II looks at the controversy over Left Shark. In particular, it examines the copyright claims of Katy Perry in respect of the Left Shark figure. Part III considers questions about scanning. Augustana College tried to assert copyright against a maker, Jerry Fisher, who was scanning statues of Michelangelo (although copyright had long since expired in such work). Part IV focuses upon copyright law, 3D printing and readymades. The Estate of Marcel Duchamp lodged a copyright protest over a 3D printed set of chess, based on the work of Marcel Duchamp. Part V examines the intervention of a number of 3D printing companies in a Supreme Court of the United States dispute in Star Athletic v. Varsity Brands. Part VI considers copyright law and intermediary liability. Part VII examines the operation of technological protection measures in the context of copyright law and 3D Printing

Creative Practice and Relational Authorship

2018 ◽  
Author(s):  
James Meese
Keyword(s):  
Contemporary Art ◽  
Management Practices ◽  
Copyright Law ◽  
Creative Industries ◽  
Creative Practice ◽  
Policy Narratives ◽  
Relational Interactions

This chapter discusses copyright’s inability to accurately identify authorship, use and infringement and explores how different creative industries come to their own understanding about how these practices are governed and managed. Through a study of sampling, music licensing and the production of contemporary art, I detail these governance and management practices and discuss what happens when copyright struggles with relational interactions. I end the chapter by suggesting that understanding authorship as a brand could potentially help to manage these tensions, while also suggesting that policy narratives around copyright law and its relationship with creative industries needs to change in recognition of these difficulties.

scholarly journals Australia's Stop Online Piracy Act: Copyright law, site-blocking, and search filters in an age of internet censorship - The Canberra Law Review, 16(1), pp. 10-64

2019 ◽  
Author(s):  
Matthew Rimmer
Keyword(s):  
Copyright Law ◽  
Bill Of Rights ◽  
New Approach ◽  
Internet Regulation ◽  
Consumer Rights ◽  
The Arts ◽  
Search Filters ◽  
Internet Freedom ◽  
Internet Censorship ◽  
Site Blocking

Relying upon the work of Cory Doctorow, this paper argues that Australia’s copyright regime for site-blocking and search-filtering poses a threat to consumer rights, competition policy, and Internet Freedom. This paper first reviews the model of the Copyright Amendment (Online Infringement) Act 2015 (Cth) introduced by the then Minister for Communications and the Arts the Hon. Malcolm Turnbull. Secondly, it explores the flurry of cases brought by the film, television, and music industries in respect of this legislative regime. Third, this paper evaluates the expansion of this regime with the Copyright Amendment (Online Infringement) Act 2018 (Cth). In light of such developments, the conclusion calls for a new approach for Internet regulation by the Australian Parliament. It highlights the need for a bill of rights in Australia for a digital age. As Sir Tim Berners-Lee says, we need a Magna Carta to protect an open and accessible Internet.

scholarly journals The Role of Copyright in Creative Industry Development

2017 ◽  
Vol 10 (2) ◽  
Author(s):  
Sean A. Pager
Keyword(s):  
Developing Countries ◽  
Case Studies ◽  
Copyright Law ◽  
Creative Industries ◽  
Creative Industry ◽  
Industry Development ◽  
Alternative Models ◽  
Gravitational Pull ◽  
India And China

AbstractDoes copyright foster the development of creative industries in developing countries? Drawing on case studies from Nigeria, India, and China, this Article sheds some light on these questions. It argues that copyright offers distinct advantages over alternative models. Moreover, copyright law need not function as a monolithic force. Copyright norms can govern some aspects of industry operations, while remaining largely absent in other domains. However, as industries develop, the benefits of copyright become more salient and the logic of copyright formalization exerts a gravitational pull.

scholarly journals PELANGGARAN HAK CIPTA DALAM BISNIS DAN INDUSTRI MUSIK: SUATU TINJAUAN KOMUNIKASI MASSA

2017 ◽  
Vol 15 (2) ◽  
pp. 161-176
Author(s):  
Imam Nuraryo
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Mass Communication ◽  
Copyright Law ◽  
Creative Industries ◽  
Communication Medium ◽  
The Public

AbstractMusic is used as a medium to teach norms andrules that apply in the society. Music isconsidered as a communication medium, it hasrules, ethical and technical guidelines thatshould be considered by the composer.Unfortunately, copyright law which is stillprevailing in Indonesia gives less attention to thecompetition of the creative industries. Copyrightis one of the intellectual property rights that themost vulnerable to breaches and it is alsobecoming more susceptible in accordance withthe development of information technology.Many cases a number of Indonesian artists doplagiarism controversy. Actually the result ofmusic plagiarism sold well in the Indonesianmarket and many Indonesian musiciansadmitted that they deliberately made such musicbased on business reason. Mass communicationstudies contribute to identifying plagiarism inmusic area, and the advancement of technologyand information makes the public easier todetect plagiarism practice.Keywords: Music, Plagiarism, CopyrightInfringement, Mass Communication AbstrakMusik digunakan sebagai media untukmengajarkan norma-norma dan aturan-aturanyang berlaku di tengah masyarakat. Oleh karenamusik dianggap sebagai media komunikasi yangmemiliki kaidah, etika dan rambu-rambu teknistertentu yang harus diperhatikan dan dipatuhioleh composernya. Namun, undang-undang hakcipta yang berlaku di Indonesia dinilai masihkurang memperhatikan persaingan danpesatnya pertumbuhan industri kreatif dunia.Hak cipta merupakan salah satu obyek hakkekayaan intelektual yang paling rentanterhadap pelanggaran yang semakin canggihdilakukan sejalan kecanggihan perkembanganteknologi komputer. Banyak kasus yangmelanda sejumlah musisi di Indonesia karenakontroversi plagiarisme yang telah dilakukan.Musik-musik hasil plagiarisme itu malah lakukeras di pasaran dan banyak juga musisi yangmengaku sengaja membuat musik yang semiripmungkin karena motif bisnis. Kajian komunikasimassa bekontribusi mengidentifikasi plagiarismeyang terjadi di dunia musik, dan kemajuanteknologi dan informasi semakin memudahkankhalayak mendeteksinya.Kata kunci: Musik, Plagiarisme, PelanggaranHak Cipta, Komunikasi Massa

scholarly journals Can Permissionless Blockchains be Regulated and Resolve Some of the Problems of Copyright Law?

2020 ◽  
Author(s):  
Guido Noto La Diega ◽  
James Stacey
Keyword(s):  
Intellectual Property ◽  
National Level ◽  
Digital Rights Management ◽  
Copyright Law ◽  
Creative Industries ◽  
Web 3.0 ◽  
Rights Management ◽  
Turing Complete ◽  
User Friendly ◽  
Do So

In October 2018, the European Parliament passed a resolution on distributed ledger technologies that recognised blockchains’ potential to disrupt copyright and creative industries. The aim of this chapter is to examine blockchain technologies and provide an assessment of their disruptive potential upon the legal sphere of intellectual property, and in particular copyright in the music industry. In order to do so, this chapter will start off by clarifying that the blockchain does not exist, because there are several different types of blockchains and, accordingly, different legal and regulatory issues are involved. After identifying the type of permissionless blockchain that is analysed in this chapter – that is permissionless, Turing complete, open, distributed, peer-to-peer, transparent, tamper resistant and censorship resistant –, we move on to identify the definitional and non-definitional features of blockchain technologies. For the blockchain to unleash its disruptive potential, it must be clarified whether it complies with existing laws and whether new regulations are needed. Should existing regulations be found insufficient, only then a serious discussion around new regulations could be started and this should take into account the necessity not to stifle innovation, the level of development of the relevant technologies, the importance of involving all the stakeholders and to place the discussion at a supra-national level. The focus of the chapter is to critically assess whether public permissionless blockchains can be used to disrupt intellectual property law by resolving some of the problems in copyright law, with particular regard to the issues of copyright registration, infringement, and transactions. It will be shown how the blockchains can resolve the registration issues by allowing forms of tamper-resistant, censorship-resistant, user-friendly, and privacy-friendly copyright registration. As to infringement, the blockchains can prevent it by making it easier for copyright owners to track the use of their works and for music consumers and new intermediaries such as Spotify and iTunes to identify the owners, seek a license, and pay the royalties. Finally, smart contracts could be used to automate licensing and as forms of digital rights management, but this could be criticised from an efficient breach perspective, as well as by pointing out the difficulties of this technology in coping with copyright exceptions or defences. It is perhaps too soon to conclude that a 10-year-old technology will ultimately disrupt copyright, but there are already some indications that the Ethereum-type blockchains’ features will radically change copyright by fixing some of its most urgent problems. Please cite as Guido Noto La Diega and James Stacey, ‘Can Permissionless Blockchains be Regulated and Resolve Some of the Problems of Copyright Law?’, in Massimo Ragnedda and Giuseppe Destefanis, Blockchain and Blockchain and Web 3.0: Social, Economic, and Technological Challenge (Routledge 2019)

Understanding Copyright Law

ASHA Leader ◽  
2004 ◽  
Vol 9 (16) ◽  
pp. 6-19
Author(s):  
Jennifer Horner
Keyword(s):  
Copyright Law
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