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When publishing a scientific work or a textbook in a reputable publishing house, the final steps before publication usually involve signing over exclusive copyrights in a standardized manner. A standard clause in such copyright forms is that the author has to warrant that she either is the sole owner of the copyright in the contribution or has obtained the permission of the owners of the copyright (see Figure below, an excerpt of such a standard copyright form).

excerpt-copyright-form

While publishers thereby shift all responsibility with regard to rights clearing issues over to their authors, they regularly devote particular scrutiny to figures and tables. For any such figures and tables authors have to provide explicit permission statements. Even though including a properly referenced figure or table from another work in a scientific work or textbook could be – and probably often is – fair use (US copyright) or might be justified by exceptions for quotation, research and education (EU copyright), publishers refuse to take any risk that could be related to such a legal standpoint. Such a restrictive interpretation and enactment of copyright by publishers not only places unnecessary burdens on authors but also further worsens practicability of current copyright in academic contexts.

However, as I have learned in the course of contributing to a textbook with case studies on innovation and project networks, publishers might even decide to reject figures where permission is explicitly granted in form of a standardized Creative Commons license. In this particular case, in a spreadsheet entitled “permission queries”, the publisher listed all exhibits that were considered in any way problematic.

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In the series “algorithm regulation”, we discuss the implications of the growing importance of technological algorithms as a means of regulation in the digital realm. 

In the last entry of this series I have described how YouTube’s Content ID system effectively re-introduces registration requirements into copyright, even though international treaties such as the Berne Convention forbid such requirements. With its most recent additions to YouTube’s rights management infrastructure, YouTube owner Google brings the former’s rights clearing services to a whole new level.

Previously, creators using copyrighted material such as contemporary pop music in one of their videos could only try to upload their videos and hope for the best (i.e. no recognition by the Content ID algorithm) or the second best (i.e. recognition by the Content ID algorithm but acceptance/monetization by rights holders). In any case, creators could only definitely know after making and uploading a video whether and how YouTube’s algorithms would react.

In a recent blog post, YouTube has announced substantial changes to this system:

But until now there was no way to know what would happen if you used a specific track until after you hit upload. Starting today, you can search the YouTube Audio Library to determine how using a particular track in your video will affect it on YouTube, specifically if it will stay live on YouTube or if any restrictions apply. You can uncross those uploading fingers now!

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The slides and text below were prepared for a public hearing of the European Parliament’s Committee on Legal Affairs and the Committee on Culture and Education
 on “The Future Development of Copyright in Europe”, November 11, 2014, in Brussels (see PDF of the program). It builds on an analysis of the European Commission’s report on on the responses to the Public Consultation on the Review of the EU Copyright Rules.

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In the series “algorithm regulation”, we discuss the implications of the growing importance of technological algorithms as a means of regulation in the digital realm. 

The most important international copyright treaty, the Berne Convention for the Protection of Literary and Artistic Works, is quite clear with regard to registration requirements for copyright protection in its Article 5 (2)

“The enjoyment and the exercise of these rights shall not be subject to any formality”

copyright-symbol

The copyright symbol in Arial

In other words, for the 168 countries covered by the Berne Convention, registration provisions are not an option.* In the digital era, this ban is unfortunate for a number of reasons: Read the rest of this entry »

This week the EU Commission published its report (PDF) on responses to the public consultation on EU copyright held earlier this year. The consultation had drawn a comparably high number of responses with a total of about 11,000 messages, not least due to initiatives such as fixcopyright.eu (targeting end users) and creatorsforeurope.eu (targeting authors and performers). While over at IPKat copyright buffs are already delving into the details of the report, I tried to have a look at the bigger picture here: what do we learn about the state of copyright at large? And what overall direction should copyright reform take? With regard to both questions the report is quite instructive because of its clear and straightforward structure.

The report is structured along the 80 questions of the consultation, which are distributed across 24 issue sections. Within each of these issue sections, the report distinguishes between the different stakeholder groups that took part in the consultation (see chart below).

consultation-stakeholders

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The Council of Europe has invited me to contribute the following input paper (PDF) on “Need for New Regulation to Enhance Creativity in the Digital Age: The Cases of User-generated Content and Cultural Heritage Institutions” for the Conference on “Creating an enabling environment for digital culture and for empowering citizens”, taking place 4-5 July 2014, Baku, Azerbaijan. 

logo-CoEIn the course of growing economic importance of knowledge and of technological change related with the Internet and digitization, regulations of knowledge and information goods have increasingly become an issue of transnational contestation. Particularly the role of copyright law has changed since virtually all forms of online communication and interaction requires copying and distributing content, thereby becoming copyright-related. In a way, copyright laws have become the core regulatory device for the digital information society in general and digital creative practices in particular.

At the same time, we can observe that regulatory struggles in the copyright realm date way back. Already Kant (1785) and Fichte (1793) distinguished between different functional groups affected by copyright laws, among which publisher/copyright owner, author/creator, and consumer/user represent the most important. These groups are still the ones most affected by copyright regulation, even though today copyright also covers cinematographic work and computer programs and it is possible to reproduce nearly all types of work in digital form. Balancing the interests of these groups is therefore still the main task for copyright regulators on the international and the national level.

And while technological change has always provided both opportunities for new forms of creativity and problems for pre-existing business models in the copyright realm (Wu 2010), the all-encompassing and highly dynamic impact of new digital technology on nearly all fields and types of creative activities brings with it enormous regulatory challenges. First, digitization makes it possible to distinguish between content and medium – a constellation that is of major importance for the copyrighted content industry since it sells CDs, DVDs, and books, not music, movies, or novels. From a regulation perspective, this means that new rules – be they publicly legislated or privately enforced via license agreements – tend to more directly address particular usage practices, affecting traditional knowledge brokers such as archives, libraries or museums. Second, loss- and lag-free copying of digital contents via personal computers and the Internet enable new forms of private copying and peer-to-peer distribution of content on a massive scale. The regulation challenge related to this issue is to allow for these new technologies to enfold while at the same time prevent a massive increase in copyright infringement due to piracy. Third, thanks to decreasing production and distribution costs, many more people actively engage in content creation and make their works accessible directly to the public (sometimes referred to as ‘user-generated content’), thereby often re-using and transforming pre-existing copyrighted works. How to regulate these new forms of derivative creativity and creative consumption is again a task for regulators to address. Read the rest of this entry »

In the series “algorithm regulation”, we discuss the implications of the growing importance of technological algorithms as a means of regulation in the digital realm. 

google-good-or-badWith a market share of over 90 percent in Europe, the Google search engine and its search algorithm respectively decide what is relevant on an issue and what not. Any information that is not placed on the first few pages of Google’s search results will hardly ever be found. On the other hand, personal information that is listed prominently in these results may haunt you forever. The latter issue was recently tried by the European Court of Justice (ECJ), who ruled (C-131/12) that

the activity of a search engine consisting in finding information published or placed on the internet by third parties, indexing it automatically, storing it temporarily and, finally, making it available to internet users according to a particular order of preference must be classified as ‘processing of personal data’

and that, under certain not very clearly spelled out conditions relating to the data subject’s rights to privacy,

the operator of a search engine is obliged to remove from the list of results displayed following a search made on the basis of a person’s name links to web pages, published by third parties and containing information relating to that person.

By crafting such a “right to be forgotten”, the ECJ effectively regulates Google’s search algorithms. In other words, we can observe the ECJ regulating Google’s algorithmic regulation. In response to the ruling, Google has already set up an online form for deletion requests, stating that  Read the rest of this entry »

About half a year ago, the German Internet association D64 – Center for Digital Progress had launched an initiative to promote the use of Creative Commons licenses. I was one of the co-organizers. Last week, with the help of graphic designers Sara Lucena und Nico Roicke, we have put together a very nice infographic on “Creative Commons in Numbers”. Of course, some of the numbers are only estimates and not all are most recent, but taken together they give a good overall impression of Creative Commons usage on the internet. Enjoy & Share! Read the rest of this entry »

Creative Commons licenses are essential to virtually all of the different “open movements”, which have emerged over the past two decades beyond open source software. In the realm of open education, open science and open access, Creative Commons licenses are the standard way to make content open to the wider public. Also in fields such as open data and open government Creative Commons licenses are widely used to make it easier for third parties to re-use publicly funded content.

In spite of this vital role in different fields of openness, not to speak of all the open Wikimedia projects, Creative Commons has long struggled with its role. During its first decade, Creative Commons nearly exclusively focused on its role as a license steward, carfully abstaining from political copyright activism typical for the open movements. Only very recently, following a speech by its founder Lawrence Lessig at the CC Global Summit 2013, Creative Commons has issued a policy statement on “Creative Commons and Copyright Reform” saying that “the CC vision — universal access to research and education and full participation in culture — will not be realized through licensing alone.”

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It is well known that YouTube serves as a platform for a huge variety of educational material. Most prominently, Salman Kahn (“Khan Academy“) began his career as a provider of Massive Open Online Courses (MOOC) by posting teaching videos on YouTube.

In addition to educational material on all kinds of topics provided by third parties, Google increasingly engages in the production of its own educational content to improve the quality of user-generated content published on its platform. Google’s obvious calculation: better videos means more views means more ad revenue.

Initially, however, Google’s first educational videos were in mere self-defense against countervailing accusations with relation to copyright infringement on its platform. While rights holders complained and blocked unauthorised use of their content, users protested against respective deletion of their accounts (see “Private Negotiation of Public Goods: Collateral Damage(s)“) . In this situation, Google launched its “YouTube Copyright School”, which so-called “multiple infringers” have to watch to re-open their account (see “Crazy Copyright Cartoon: The YouTube Copyright School“).

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The Book

Governance across borders: transnational fields and transversal themes. Leonhard Dobusch, Philip Mader and Sigrid Quack (eds.), 2013, epubli publishers.
December 2016
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