Copyright - Page 11 of 22

Copyright Content Moderation in the European Union: State of the Art, Ways Forward and Policy Recommendations external link

Quintais, J., Katzenbach, C., Schwemer, S., Dergacheva, D., Riis, T., Mezei, P., Harkai, I. & Magalhães, J.C.

IIC, vol. 55, pp: 157-177, 2024

Abstract

This Opinion describes and summarises the results of the interdisciplinary research carried out by the authors during the course of a three-year project on intermediaries’ practices regarding copyright content moderation. This research includes the mapping of the EU legal framework and intermediaries’ practices regarding copyright content moderation, the evaluation and measuring of the impact of moderation practices and technologies on access and diversity, and a set of policy recommendations. Our recommendations touch on the following topics: the definition of “online content-sharing service provider”; the recognition and operationalisation of user rights; the complementary nature of complaint and redress safeguards; the scope of permissible preventive filtering; the clarification of the relationship between Art. 17 of the new Copyright Directive and the Digital Services Act; monetisation and restrictive content moderation actions; recommender systems and copyright content moderation; transparency and data access for researchers; trade secret protection and transparency of content moderation systems; the relationship between the copyright acquis, the Digital Services Act and the upcoming Artificial Intelligence Act; and human competences in copyright content moderation.

Links

Content moderation, Copyright, Digital Services Act (DSA), Digital Single Market, intermediaries, Platforms

RIS

TY  - JOUR
AU  - Quintais, J.
AU  - Katzenbach, C.
AU  - Schwemer, S.
AU  - Dergacheva, D.
AU  - Riis, T.
AU  - Mezei, P.
AU  - Harkai, I.
AU  - Magalhães, J.C.
PY  - 2024
DA  - 2024-01-01
T1  - Copyright Content Moderation in the European Union: State of the Art, Ways Forward and Policy Recommendations
JO  - IIC
VL  - 55
SP  - 157-177
DO  - https://doi.org/10.1007/s40319-023-01409-5
AB  - This Opinion describes and summarises the results of the interdisciplinary research carried out by the authors during the course of a three-year project on intermediaries’ practices regarding copyright content moderation. This research includes the mapping of the EU legal framework and intermediaries’ practices regarding copyright content moderation, the evaluation and measuring of the impact of moderation practices and technologies on access and diversity, and a set of policy recommendations. Our recommendations touch on the following topics: the definition of “online content-sharing service provider”; the recognition and operationalisation of user rights; the complementary nature of complaint and redress safeguards; the scope of permissible preventive filtering; the clarification of the relationship between Art. 17 of the new Copyright Directive and the Digital Services Act; monetisation and restrictive content moderation actions; recommender systems and copyright content moderation; transparency and data access for researchers; trade secret protection and transparency of content moderation systems; the relationship between the copyright acquis, the Digital Services Act and the upcoming Artificial Intelligence Act; and human competences in copyright content moderation.
K1  - Content moderation
K1  - Copyright
K1  - Digital Services Act (DSA)
K1  - Digital Single Market
K1  - intermediaries
K1  - Platforms
ER  -

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Article{nokey,
	title = {Copyright Content Moderation in the European Union: State of the Art, Ways Forward and Policy Recommendations},
	author = {Quintais, J. and Katzenbach, C. and Schwemer, S. and Dergacheva, D. and Riis, T. and Mezei, P. and Harkai, I. and Magalhães, J.C.},
	url = {https://link.springer.com/article/10.1007/s40319-023-01409-5},
	doi = {https://doi.org/10.1007/s40319-023-01409-5},
	year = {2024},
	date = {2024-01-01},
	journal = {IIC},
	volume = {55},
	pages = {157-177},
	abstract = {This Opinion describes and summarises the results of the interdisciplinary research carried out by the authors during the course of a three-year project on intermediaries’ practices regarding copyright content moderation. This research includes the mapping of the EU legal framework and intermediaries’ practices regarding copyright content moderation, the evaluation and measuring of the impact of moderation practices and technologies on access and diversity, and a set of policy recommendations. Our recommendations touch on the following topics: the definition of “online content-sharing service provider”; the recognition and operationalisation of user rights; the complementary nature of complaint and redress safeguards; the scope of permissible preventive filtering; the clarification of the relationship between Art. 17 of the new Copyright Directive and the Digital Services Act; monetisation and restrictive content moderation actions; recommender systems and copyright content moderation; transparency and data access for researchers; trade secret protection and transparency of content moderation systems; the relationship between the copyright acquis, the Digital Services Act and the upcoming Artificial Intelligence Act; and human competences in copyright content moderation.},
	keywords = {Content moderation, Copyright, Digital Services Act (DSA), Digital Single Market, intermediaries, Platforms},
}

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EU copyright law round up – fourth trimester of 2023 external link

Trapova, A. & Quintais, J.

Kluwer Copyright Blog, 2024

Links

https://copyrightblog.kluweriplaw.com/2024/01/04/eu-copyright-law-round-up-fourth-trimester-of-2023/

Artificial intelligence, Copyright, EU

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A first look at the copyright relevant parts in the final AI Act compromise external link

Keller, P.

Kluwer Copyright Blog, 2023

Links

AI Act, Copyright

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Generative AI and copyright: Convergence of opt-outs? external link

Keller, P.

Kluwer Copyright Blog, 2023

Links

https://legalblogs.wolterskluwer.com/copyright-blog/generative-ai-and-copyright-convergence-of-opt-outs/

convergence, Copyright, Generative AI, Text and Data Mining (TDM)

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Generative AI and Author Remuneration

Senftleben, M.

IIC, vol. 54, pp: 1535-1560, 2023

Abstract

With the evolution of generative AI systems, machine-made productions in the literary and artistic field have reached a level of refinement that allows them to replace human creations. The increasing sophistication of AI systems will inevitably disrupt the market for human literary and artistic works. Generative AI systems provide literary and artistic output much faster and cheaper. It is therefore foreseeable that human authors will be exposed to substitution effects. They may lose income as they are replaced by machines in sectors ranging from journalism and writing to music and visual arts. Considering this trend, the question arises whether it is advisable to take measures to compensate human authors for the reduction in their market share and income. Copyright law could serve as a tool to introduce an AI levy system and ensure the payment of equitable remuneration. In combination with mandatory collective rights management, the new revenue stream could be used to finance social and cultural funds that improve the working and living conditions of flesh-and-blood authors.

Links

DOI: https://doi.org/10.1007/s40319-023-01399-4

collective rights management, Copyright, Freedom of expression, Text and Data Mining (TDM), three-step test

RIS

TY  - JOUR
AU  - Senftleben, M.
PY  - 2023
DA  - 2023-11-07
T1  - Generative AI and Author Remuneration
JO  - IIC
VL  - 54
SP  - 1535-1560
DO  - https://doi.org/10.1007/s40319-023-01399-4
AB  - With the evolution of generative AI systems, machine-made productions in the literary and artistic field have reached a level of refinement that allows them to replace human creations. The increasing sophistication of AI systems will inevitably disrupt the market for human literary and artistic works. Generative AI systems provide literary and artistic output much faster and cheaper. It is therefore foreseeable that human authors will be exposed to substitution effects. They may lose income as they are replaced by machines in sectors ranging from journalism and writing to music and visual arts. Considering this trend, the question arises whether it is advisable to take measures to compensate human authors for the reduction in their market share and income. Copyright law could serve as a tool to introduce an AI levy system and ensure the payment of equitable remuneration. In combination with mandatory collective rights management, the new revenue stream could be used to finance social and cultural funds that improve the working and living conditions of flesh-and-blood authors.
K1  - collective rights management
K1  - Copyright
K1  - Freedom of expression
K1  - Text and Data Mining (TDM)
K1  - three-step test
ER  -

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Article{nokey,
	title = {Generative AI and Author Remuneration},
	author = {Senftleben, M.},
	doi = {https://doi.org/10.1007/s40319-023-01399-4},
	year = {2023},
	date = {2023-11-07},
	journal = {IIC},
	volume = {54},
	pages = {1535-1560},
	abstract = {With the evolution of generative AI systems, machine-made productions in the literary and artistic field have reached a level of refinement that allows them to replace human creations. The increasing sophistication of AI systems will inevitably disrupt the market for human literary and artistic works. Generative AI systems provide literary and artistic output much faster and cheaper. It is therefore foreseeable that human authors will be exposed to substitution effects. They may lose income as they are replaced by machines in sectors ranging from journalism and writing to music and visual arts. Considering this trend, the question arises whether it is advisable to take measures to compensate human authors for the reduction in their market share and income. Copyright law could serve as a tool to introduce an AI levy system and ensure the payment of equitable remuneration. In combination with mandatory collective rights management, the new revenue stream could be used to finance social and cultural funds that improve the working and living conditions of flesh-and-blood authors.},
	keywords = {collective rights management, Copyright, Freedom of expression, Text and Data Mining (TDM), three-step test},
}

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EU copyright law round up – third trimester of 2023 external link

Trapova, A. & Quintais, J.

Kluwer Copyright Blog, 2023

Links

https://copyrightblog.kluweriplaw.com/2023/10/02/eu-copyright-law-round-up-third-trimester-of-2023/

Copyright

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Editorial: Open Access: we zijn er bijna – maar tegen welke prijs? download

Hugenholtz, P.B.

Auteursrecht, iss. : 3, pp: 101-102, 2023

Links

Auteursrecht_2023_3_editorial

Copyright, open access

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D1.1 – Economy of Music in Europe: Methods and Indicators download

Antal, D., Barteková, M.K., Remeňová, K., Mikš, T., Poort, J. & Edwards, J.

2023

Links

D1.1_OpenMusE_Economy-of-Music-in-Europe-Methods-and-Indicators

Copyright, music

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Trapova, A. & Quintais, J.

Links

https://copyrightblog.kluweriplaw.com/2023/06/30/eu-copyright-law-round-up-second-trimester-of-2023/

Copyright

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Generative AI, Copyright and the AI Act external link

Quintais, J.

Abstract

Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive. In particular, Article 4 CDSM Directive contains a so-called “commercial” TDM exception, which provides an “opt-out” mechanism for rights holders. This opt-out can be exercised for instance via technological tools but relies significantly on the public availability of training datasets. This has led to increasing calls for transparency requirements. In response to these calls, the European Parliament is considering adding to its compromise version of the AI Act two specific obligations with copyright implications on providers of generative AI models: on (1) transparency and disclosure; and (2) on safeguards for AI-generated content moderation. There is room for improvement on both.

Links

https://copyrightblog.kluweriplaw.com/2023/05/09/generative-ai-copyright-and-the-ai-act/

Artificial intelligence, Copyright

RIS

TY  - BLOG
AU  - Quintais, J.
PY  - 2023
DA  - 2023-05-09
T1  - Generative AI, Copyright and the AI Act
JO  - Kluwer Copyright Blog
AB  - Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive. In particular, Article 4 CDSM Directive contains a so-called “commercial” TDM exception, which provides an “opt-out” mechanism for rights holders. This opt-out can be exercised for instance via technological tools but relies significantly on the public availability of training datasets. This has led to increasing calls for transparency requirements. In response to these calls, the European Parliament is considering adding to its compromise version of the AI Act two specific obligations with copyright implications on providers of generative AI models: on (1) transparency and disclosure; and (2) on safeguards for AI-generated content moderation. There is room for improvement on both.
K1  - Artificial intelligence
K1  - Copyright
ER  -

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Bibtex

Online publication{nokey,
	title = {Generative AI, Copyright and the AI Act},
	author = {Quintais, J.},
	url = {https://copyrightblog.kluweriplaw.com/2023/05/09/generative-ai-copyright-and-the-ai-act/},
	year = {2023},
	date = {2023-05-09},
	journal = {Kluwer Copyright Blog},
	abstract = {Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive. In particular, Article 4 CDSM Directive contains a so-called “commercial” TDM exception, which provides an “opt-out” mechanism for rights holders. This opt-out can be exercised for instance via technological tools but relies significantly on the public availability of training datasets. This has led to increasing calls for transparency requirements. In response to these calls, the European Parliament is considering adding to its compromise version of the AI Act two specific obligations with copyright implications on providers of generative AI models: on (1) transparency and disclosure; and (2) on safeguards for AI-generated content moderation. There is room for improvement on both.},
	keywords = {Artificial intelligence, Copyright},
}

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