reCreating Europe: Rethinking digital copyright law for a culturally diverse, accessible, creative Europe
ALAI 2019 Congress: Managing Copyright: Hot Topics and Emerging Business Models in the Individual and Collective Management of Rights
4th Annual European Copyright Society Conference: A Copyright for Authors and Performers
Conference TILTing Perspectives 2019: ‘Regulating a world in transition’
International Conference “Pluralism or Universalism in International Copyright Law”
Daniel J. Gervais is professor of Information Law, in particular trade and investment related aspects of the information society. Professor Gervais is the Milton R. Underwood Chair in Law at Vanderbilt University Law School and Director of the Vanderbilt Intellectual Property Program. In 2018 and 2019. He is the current President of the International Association for the Advancement of Teaching and Research in Intellectual Property (ATRIP). Prior to joining Vanderbilt, he was the Acting Dean and University Research Chair at the Faculty of Law of the University of Ottawa (Common Law Section). Before he joined the Academy, Prof. Gervais was successively Legal Officer at the GATT (now WTO); Head of Section at WIPO; and Vice-President (International) of Copyright Clearance Center, Inc. (CCC). In 2012, he became the first law professor in North America elected to the Academy of Europe. He is an elected member of the American Law Institute. Access Dr. Gervais' articles and book chapters on bepress or SSRN.
In: Intellectual Property and Sports: Essays in Honour of P. Bernt Hugenholtz, pp. 437-448, Wolters Kluwer, 2021, ISBN: 9789403537337.
|Gervais, D.J., P.B. Hugenholtz, Quintais, J.|
Kluwer Patent Blog 2021.
|Gervais, D.J., Hugenholtz, P., Quintais, J.|
In: Kluwer Copyright Blog, 2020.
|Allan, J., Gervais, D.J., Hartmann, C., Hugenholtz, P., Quintais, J.|
2020, (Report written for the European Commission by P.B. Hugenholtz, D. Gervais, J.P. Quintais, C. Hartmann & J. Allan, completed September 2020. ISBN: 97892762244488).
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This report examines copyright and patent protection in Europe for AI-assisted outputs in general and in three priority domains: science (in particular, meteorology), media (journalism), and pharmaceutical research. It comprises an assessment of the state of the art of uses of AI in the three focus areas, and a legal analysis of how IP laws currently apply to AI-assisted creative and innovative outputs. The report concludes that the current state of the art in AI does not require or justify immediate substantive changes in copyright and patent law in Europe. The existing concepts of copyright and patent law are sufficiently abstract and flexible to meet the current challenges from AI. In addition, related rights regimes potentially extend to ‘authorless’ AI productions in a variety of sectors, and the sui generis database right may offer protection to AI-produced databases resulting from substantial investment. However, taking into account the practical implications of AI technologies, the report identifies specific avenues for future legal reform (if justified by empirical evidence), offers recommendations for improvements in the application of existing rules (e.g. via guidelines), and highlights the need to study the role of alternative IP regimes to protect AI-assisted outputs, such as trade secret protection, unfair competition and contract law.
In: Kluwer Copyright Blog, 2019 , 2019.
In: AMI, 2018 (6), pp. 245-251, 2019.
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This article explains the origin of the rights of performers, sound recording producers, audiovisual producers and broadcasters in the United States. As US law does not formally recognize a category of ‘related rights’, some of those rights exist under copyright law and are, therefore, subject to copyright rules such as the originality requirement, the possibility for authors to claim rights back 35 years after
a transfer by contract, and the work-made-for-hire doctrine. Other rights are protected under different statutes.
|Bodó, B., Gervais, D.J., Quintais, J.|
In: International Journal of Law and Information Technology, 2018 (4), pp. 311-336, 2018.
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This article offers a normative analysis of key blockchain technology concepts from the perspective of copyright law. Some features of blockchain technologies—scarcity, trust, transparency, decentralized public records and smart contracts—seem to make this technology compatible with the fundamentals of copyright. Authors can publish works on blockchain creating a quasi-immutable record of initial ownership, and encode ‘smart’ contracts to license the use of works. Remuneration may happen on online distribution platforms where the smart contracts reside. In theory, such an automated setup allows for the private ordering of copyright. Blockchain technology, like Digital Rights Management 20 years ago, is thus presented as an opportunity to reduce market friction, and increase both licensing efficiency and the autonomy of creators. Yet, some of the old problems remain. The article examines the differences between new, smart-contract-based private ordering regime and the fundamental components of copyright law, such as exceptions and limitations, the doctrine of exhaustion, restrictions on formalities, the public domain and fair remuneration.
In: Kluwer Copyright Blog, 2018.
The cultural role(s) of collective management organizations
In: European Intellectual Property Review, 2018 (6), pp. 349-356, 2018.
Collective management organizations (CMOs) are, first and foremost, copyright and related rights licensing bodies managing vast sums of money. That does not, however, define the entire scope of their activities. For example, the 2014 EU Directive on collective management notes that CMOS "play, and should continue to play, an important role as promoters of the diversity of cultural expression". This article explains and evaluates the cultural functions that CMOs play.
Edwards Elgar, 2017.
Kluwer Law International, 2015.
Oxford University Press, 2014.
Sweet & Maxwell, 2012.