| Bulayenko, O., Gervais, D.J., Poort, J., Quintais, J. AI Music Outputs: Challenges to the Copyright Legal Framework – Part II In: Kluwer Copyright Blog, 2022. @article{nokey,
title = {AI Music Outputs: Challenges to the Copyright Legal Framework \textendash Part II},
author = {Bulayenko, O. and Poort, J. and Quintais, J. and Gervais, D.J.},
url = {http://copyrightblog.kluweriplaw.com/2022/04/25/ai-music-outputs-challenges-to-the-copyright-legal-framework-part-ii/},
year = {2022},
date = {2022-05-02},
journal = {Kluwer Copyright Blog},
keywords = {},
pubstate = {published},
tppubtype = {article}
}
|
| Bulayenko, O., Gervais, D.J., Poort, J., Quintais, J. AI Music Outputs: Challenges to the Copyright Legal Framework – Part I In: Kluwer Copyright Blog, 2022. @article{nokey,
title = {AI Music Outputs: Challenges to the Copyright Legal Framework \textendash Part I},
author = {Bulayenko, O. and Quintais, J. and Poort, J. and Gervais, D.J.},
url = {http://copyrightblog.kluweriplaw.com/2022/04/22/ai-music-outputs-challenges-to-the-copyright-legal-framework-part-i/},
year = {2022},
date = {2022-04-22},
journal = {Kluwer Copyright Blog},
keywords = {},
pubstate = {published},
tppubtype = {article}
}
|
| Bulayenko, O., Gervais, D.J., Poort, J., Quintais, J. AI Music Outputs: Challenges to the Copyright Legal Framework 2022, (reCreating Europe report). @techreport{nokey,
title = {AI Music Outputs: Challenges to the Copyright Legal Framework},
author = {Bulayenko, O. and Quintais, J. and Gervais, D.J. and Poort, J.},
url = {https://zenodo.org/record/6405796#.Yk62cchBy5e
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4072806},
year = {2022},
date = {2022-04-07},
urldate = {2022-04-07},
abstract = {This report examines the application of EU copyright and related rights law to outputs generated by or with the assistance of artificial intelligence (AI) systems, tools or techniques (AI outputs), with a focus on outputs in the musical domain. The Report examines the question: How can and should EU copyright and related rights law protect AI musical outputs? The interdisciplinary (legal and empirical) research involves: (i) analyzing of the protection of AI outputs under EU copyright and related rights law; (ii) examining the attribution of authorship and ownership to (natural and legal) persons involved in the creation or production of AI outputs; (iii) proposing interpretative guidelines and policy recommendations on increasing legal certainty regarding the protection, authorship, and ownership of copyright and related rights over AI outputs, especially music outputs.},
note = {reCreating Europe report},
keywords = {},
pubstate = {published},
tppubtype = {techreport}
}
This report examines the application of EU copyright and related rights law to outputs generated by or with the assistance of artificial intelligence (AI) systems, tools or techniques (AI outputs), with a focus on outputs in the musical domain. The Report examines the question: How can and should EU copyright and related rights law protect AI musical outputs? The interdisciplinary (legal and empirical) research involves: (i) analyzing of the protection of AI outputs under EU copyright and related rights law; (ii) examining the attribution of authorship and ownership to (natural and legal) persons involved in the creation or production of AI outputs; (iii) proposing interpretative guidelines and policy recommendations on increasing legal certainty regarding the protection, authorship, and ownership of copyright and related rights over AI outputs, especially music outputs. |
| Gervais, D.J. AI-JAX In: Intellectual Property and Sports: Essays in Honour of P. Bernt Hugenholtz, pp. 437-448, Wolters Kluwer, 2021, ISBN: 9789403537337. @inbook{nokey,
title = {AI-JAX},
author = {Gervais, D.J.},
isbn = {9789403537337},
year = {2021},
date = {2021-11-30},
booktitle = {Intellectual Property and Sports: Essays in Honour of P. Bernt Hugenholtz},
pages = {437-448},
publisher = {Wolters Kluwer},
series = {Information Law Series},
keywords = {},
pubstate = {published},
tppubtype = {inbook}
}
|
| Gervais, D.J., P.B. Hugenholtz, Quintais, J. Trends And Developments In Artificial Intelligence: Challenges To Patent Law Kluwer Patent Blog 2021. @online{Quintais2021KPB,
title = {Trends And Developments In Artificial Intelligence: Challenges To Patent Law},
author = {Quintais, J. and Gervais, D.J. and P.B. Hugenholtz},
url = {http://patentblog.kluweriplaw.com/2021/01/27/trends-and-developments-in-artificial-intelligence-challenges-to-patent-law/},
year = {2021},
date = {2021-01-27},
organization = {Kluwer Patent Blog},
keywords = {},
pubstate = {published},
tppubtype = {online}
}
|
| Gervais, D.J., Hugenholtz, P., Quintais, J. Trends and Developments in Artificial Intelligence: Challenges to Copyright In: Kluwer Copyright Blog, 2020. @article{Hugenholtz2020g,
title = {Trends and Developments in Artificial Intelligence: Challenges to Copyright},
author = {Hugenholtz, P. and Quintais, J. and Gervais, D.J.},
url = {http://copyrightblog.kluweriplaw.com/2020/12/16/trends-and-developments-in-artificial-intelligence-challenges-to-copyright/},
year = {2020},
date = {2020-12-17},
journal = {Kluwer Copyright Blog},
keywords = {},
pubstate = {published},
tppubtype = {article}
}
|
| Allan, J., Gervais, D.J., Hartmann, C., Hugenholtz, P., Quintais, J. Trends and Developments in Artificial Intelligence: Challenges to the Intellectual Property Rights Framework: Final Report 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). @techreport{Hugenholtz2020f,
title = {Trends and Developments in Artificial Intelligence: Challenges to the Intellectual Property Rights Framework: Final Report},
author = {Hugenholtz, P. and Quintais, J. and Gervais, D.J. and Hartmann, C. and Allan, J.},
url = {https://op.europa.eu/en/publication-detail/-/publication/394345a1-2ecf-11eb-b27b-01aa75ed71a1/language-en
https://www.ivir.nl/publicaties/download/Trends_and_Developments_in_Artificial_Intelligence-1.pdf},
year = {2020},
date = {2020-11-27},
abstract = {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.},
note = {Report written for the European Commission by P.B. Hugenholtz, D. Gervais, J.P. Quintais, C. Hartmann \& J. Allan, completed September 2020. ISBN: 97892762244488},
keywords = {},
pubstate = {published},
tppubtype = {techreport}
}
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. |
| Gervais, D.J. Can Machines be Authors? In: Kluwer Copyright Blog, vol. 2019, 2019. @article{Gervais2019b,
title = {Can Machines be Authors?},
author = {Gervais, D.J.},
url = {http://copyrightblog.kluweriplaw.com/2019/05/21/can-machines-be-authors/},
year = {2019},
date = {2019-05-23},
journal = {Kluwer Copyright Blog},
volume = {2019},
keywords = {},
pubstate = {published},
tppubtype = {article}
}
|
| Gervais, D.J. Related rights in United States law In: AMI, vol. 2018, no. 6, pp. 245-251, 2019. @article{Gervais2019,
title = {Related rights in United States law},
author = {Gervais, D.J.},
url = {https://www.ivir.nl/publicaties/download/AMI_2018_6-2.pdf},
year = {2019},
date = {2019-01-11},
journal = {AMI},
volume = {2018},
number = {6},
pages = {245-251},
abstract = {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.},
keywords = {},
pubstate = {published},
tppubtype = {article}
}
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. Blockchain and smart contracts: the missing link in copyright licensing? In: International Journal of Law and Information Technology, vol. 2018, no. 4, pp. 311-336, 2018. @article{Bod\'{o}2018d,
title = {Blockchain and smart contracts: the missing link in copyright licensing? },
author = {Bod\'{o}, B. and Gervais, D.J. and Quintais, J.},
url = {https://www.ivir.nl/publicaties/download/IJLIT_2018.pdf
https://academic.oup.com/ijlit/advance-article/doi/10.1093/ijlit/eay014/5106727},
doi = {10.1093/ijlit/eay014},
year = {2018},
date = {2018-09-27},
journal = {International Journal of Law and Information Technology},
volume = {2018},
number = {4},
pages = {311-336},
abstract = {This article offers a normative analysis of key blockchain technology concepts from the perspective of copyright law. Some features of blockchain technologies\textemdashscarcity, trust, transparency, decentralized public records and smart contracts\textemdashseem 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.},
keywords = {},
pubstate = {published},
tppubtype = {article}
}
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. |
| Gervais, D.J. International Intellectual Property's Institutional Problem In: Kluwer Copyright Blog, 2018. @article{Gervais2018b,
title = {International Intellectual Property's Institutional Problem},
author = {Gervais, D.J.},
url = {http://copyrightblog.kluweriplaw.com/2018/07/09/international-intellectual-propertys-institutional-problem/},
year = {2018},
date = {2018-07-10},
journal = {Kluwer Copyright Blog},
keywords = {},
pubstate = {published},
tppubtype = {article}
}
|
| Gervais, D.J. The cultural role(s) of collective management organizations In: European Intellectual Property Review, vol. 2018, no. 6, pp. 349-356, 2018. @article{Gervais2018,
title = {The cultural role(s) of collective management organizations},
author = {Gervais, D.J.},
year = {2018},
date = {2018-05-24},
journal = {European Intellectual Property Review},
volume = {2018},
number = {6},
pages = {349-356},
abstract = {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.},
keywords = {},
pubstate = {published},
tppubtype = {article}
}
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. |
| Gervais, D.J. (Re)structuring Copyright: A Comprehensive Path to International Copyright Reform Edwards Elgar, 2017. @book{Gervais2017,
title = {(Re)structuring Copyright: A Comprehensive Path to International Copyright Reform},
author = {Gervais, D.J.},
url = {https://www.elgaronline.com/view/9781785369490/9781785369490.xml},
year = {2017},
date = {2017-03-03},
publisher = {Edwards Elgar},
series = {Edgar Monographs in Intellectual Property Law},
keywords = {},
pubstate = {published},
tppubtype = {book}
}
|
| Gervais, D.J. Collective Management of Copyright and Related Rights, 3rd ed. Kluwer Law International, 2015. @book{Gervais2015,
title = {Collective Management of Copyright and Related Rights, 3rd ed.},
author = {Gervais, D.J.},
url = {https://lrus.wolterskluwer.com/store/product/collective-management-of-copyright-and-related-rights-third-edition/},
year = {2015},
date = {2015-06-06},
publisher = {Kluwer Law International},
keywords = {},
pubstate = {published},
tppubtype = {book}
}
|
| Gervais, D.J. Intellectual Property, Trade and Development, 2d ed. Oxford University Press, 2014. @book{Gervais2014,
title = {Intellectual Property, Trade and Development, 2d ed.},
author = {Gervais, D.J.},
url = {https://global.oup.com/academic/product/intellectual-property-trade-and-development-9780199684700?q=gervais\&lang=en\&cc=nl},
year = {2014},
date = {2014-02-02},
publisher = {Oxford University Press},
keywords = {},
pubstate = {published},
tppubtype = {book}
}
|
| Gervais, D.J. The TRIPS Agreement: Drafting History and Analysis, 4th ed. Sweet & Maxwell, 2012. @book{Gervais2012,
title = {The TRIPS Agreement: Drafting History and Analysis, 4th ed.},
author = {Gervais, D.J.},
url = {http://www.wildy.com/isbn/9780414023130/the-trips-agreement-drafting-history-and-analysis-4th-edition-hardback-sweet-maxwell-ltd},
year = {2012},
date = {2012-01-01},
publisher = {Sweet \& Maxwell},
keywords = {},
pubstate = {published},
tppubtype = {book}
}
|
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.