scholarly journals Algorithmic Copyright Enforcement and AI: Issues and Potential Solutions through the Lens of Text and Data Mining

2019 ◽  
Vol 13 (2) ◽  
pp. 361-388
Author(s):  
Andrea Katalin Tóth

Although digitalization and the emergence of the Internet has caused a long-term crisis for copyright law, technology itself also seems to offer a seemingly ideal solution to the challenges of digital age: copyright has been a major use case for algorithmic enforcement from the early days of digital rights management technologies to the more advanced content recognition algorithms. These technologies identify and filter possibly infringing content automatically, effectively and often in a preventive fashion. These methods have been criticized for their shortcomings, such as the lack of transparency, bias and the possible impairment of fundamental rights. Self-learning machines and semi-autonomous AI have the potential to offer even more sophisticated and expeditious enforcement by code, however, they could also aggravate the aforementioned issues. As the EU legislator envisions to make the use of such technologies essentially obligatory for certain online content sharing service providers (via the infamous Article 17 of the directive on copyright in the digital single market), the assessment of the situation in light of future technological development has become a current topic.This paper aims to identify the main issues and potential long-term consequences of creating legislation that practically requires the employment of such filtering algorithms as well as their solutions. This paper focuses on the potential role a broad copyright exception for text and data mining could play in counterbalancing the issues associated with algorithmic enforcement.

2020 ◽  
Author(s):  
Sebastian Felix Schwemer ◽  
Jens Schovsbo

Article 17 of the Directive on copyright and related rights in the Digital Single Market (the DSM Directive) has strengthened the protection of copyright holders. Moving forward, online content-sharing providers will be responsible for copyright infringement unless the use of works on their platforms is authorized or if they have made ‘best efforts’ to obtain an authorization and prevent the availability of unlicensed works. At the same time, the Directive has made it clear that users of protected works shall be able to rely on the existing limitations and exceptions regarding quotation, criticism and review and caricature, parody or pastiche. The Directive even casts these limitations and exceptions as user rights. This paper points out that copyright’s limitations and exceptions have traditionally consti- tuted a corner stone in the internal balancing of the interests of users against rights holders and with a clear view of safeguarding the interests of free expression and information protected by the Charter. Given the overall purpose of the DSM Directive in strengthening the position of rights holders, there is a dire risk that the benefits of the limitations and exceptions evaporate in the attempts of platform operators to escape liability by use of algorithmic enforcement. The article uses the recent decisions of the CJEU in Pelham, Funke Medien and Spiegel Online to draw attention to the central importance of the limitations and exception as the primary channel for fundamental rights analyses in copyright. It is finally pointed out how the DSM Directive –despite of its on-the-paper recognition of users’ rights– is most likely going to lead to a devaluation of those same rights.


Muzikologija ◽  
2020 ◽  
pp. 149-162
Author(s):  
Uros Cemalovic

Even more than intelligence, creativity is considered as a quintessentially human capacity. The same conclusion is fully applicable to the artistic creation in music sector. However, rapid technological development is constantly challenging not only the creative process as such, but also the legal instruments intended to protect the results of intellectual and artistic work. The first part of this article examines the provisions of the new EU Directive 2019/790 dedicated to online content-sharing service providers and fair remuneration of authors/performers, while its second part maps the main challenges the development of artificial intelligence imposes to the protection of rights in musical works.


2021 ◽  
pp. 23-24
Author(s):  
Eleonora Rosati

This chapter provides the definition of terms covered in Article 2 of Directive 2019/790 regarding copyright in the Digital Single Market in Europe. It begins with the term 'research organisation', which means a university, research institute, or any other entity that conduct scientific research or carry out educational activities involving the conduct of scientific research. It also explains text and data mining, which is an automated analytical technique that analyses text and data in digital form in order to generate information about patterns, trends, and correlations. The chapter defines cultural heritage institution as a publicly accessible library or museum, an archive, or a film or audio heritage institution, while press publication means a collection of literary works of a journalistic nature. It describes the tasks of an online content-sharing service provider, such as providing information society service that store and give public access to a large amount of copyright-protected works or other protected subject matter uploaded by its users.


2021 ◽  
pp. 41-46
Author(s):  
Sunimal Mendis

AbstractWithin the current European Union (EU) online copyright enforcement regime—of which Article 17 of the Copyright in the Digital Single Market Directive [2019] constitutes the seminal legal provision—the role of online content-sharing service providers (OCSSPs) is limited to ensuring that copyright owners obtain fair remuneration for content shared over their platforms (role of “content distributors”) and preventing unauthorized uses of copyright-protected content (“Internet police”). Neither role allows for a recognition of OCSSPs’ role as facilitators of democratic discourse and the duty incumbent on them to ensure that users’ freedom to engage in democratic discourse are preserved. This chapter proposes a re-imagining of the EU legal framework on online copyright enforcement—using the social planning theory of copyright law as a normative framework—to increase its fitness for preserving and promoting copyright law’s democracy-enhancing function.


2012 ◽  
Vol 446-449 ◽  
pp. 3762-3765
Author(s):  
Jian Ning Dang ◽  
Ai Qin Zhang ◽  
Wei Jing

Nowadays, under intensified competition, winning and keeping customers is becoming more and more important. Company must focus on building long-term relationships with their customers for continuously adding market share. For defeating other financial service providers, the banks should have the ability to address their customers' preferences and priorities effectively, and should strategically use this understanding in every area to establish and strengthen long-term customer relationships. Consequently, systematic and web-based customer relationship management (CRM) will be a key factor to future success for financial service institutions. This thesis research explored advanced data mining technologies for building a best next offer predictive model, and focused on providing an integrated approach to improve performance of the prediction.


2018 ◽  
pp. 125-141 ◽  
Author(s):  
S. M. Drobyshevsky ◽  
P. V. Trunin ◽  
A. V. Bozhechkova

The paper studies the factors of secular stagnation. Key factors of long-term slowdown in economic growth include the slowdown of technological development, aging population, human capital accumulation limits, high public debt, creative destruction process violation etc. The authors analyze key theoretical aspects of long-term stagnation and study the impact of these factors on Japanies economy. The authors conclude that most of the factors have significant influence on the Japanese economy for recent decades, but they cannot explain all dynamics. For Russia, on the contrary, we do not see any grounds for considering the decline in the economy since 2013 as an episode of secular stagnation.


Author(s):  
Duong Tran Duc ◽  
Pham Bao Son ◽  
Tan Hanh ◽  
Le Truong Thien

Demographic attributes of customers such as gender, age, etc. provide the important information for e-commerce service providers in marketing, personalization of web applications. However, the online customers often do not provide this kind of information due to the privacy issues and other reasons. In this paper, we proposed a method for predicting the gender of customers based on their catalog viewing data on e-commerce systems, such as the date and time of access, the products viewed, etc. The main idea is that we extract the features from catalog viewing information and employ the classification methods to predict the gender of the viewers. The experiments were conducted on the datasets provided by the PAKDD’15 Data Mining Competition and obtained the promising results with a simple feature design, especially with the Bayesian Network method along with other supporting techniques such as resampling, cost-sensitive learning, boosting etc.


2021 ◽  
Vol 10 (1) ◽  
pp. 155-172
Author(s):  
Michael Witter

The Caribbean has experienced an overlapping and interconnected series of challenges, including economic, social, and environmental, which pose an existential threat to the region. This article focuses on the nature of this threat as it evolved before and during the pandemic crisis. Under neoliberal globalization, Caribbean economies transformed themselves rapidly into service providers, most having resorted to developing a tourism sector, while some moved into oil production. In all cases, traditional agricultural exports declined with the loss of protected markets where they earned preferential prices. The COVID-19 pandemic has intensified the Caribbean’s existential crisis and revealed the inextricable links among the environment, economy, and public health. This article focuses on these links and suggests a way forward for public policy in the short, medium, and long term.


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