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Copyright and the Expression Engine: Idea and Expression in AI-Assisted Creations download
Abstract
This essay explores AI-assisted content creation in light of EU and U.S. copyright law. The essay revisits a 2020 study commissioned by the European Commission, which was written before the surge of generative AI. Drawing from traditional legal doctrines, such as the idea/expression dichotomy and its equivalents in Europe, the author argues that iterative prompting may lead to copyright protection of GenAI-assisted output. The paper critiques recent U.S. Copyright Office guidelines that severely restrict registration of works created with the aid of GenAI. Human input, particularly in the conceptual and redaction phases, provides sufficient creative control to justify copyright protection of many AI-assisted works. With many of the expressive features being machine-generated, the scope of copyright protection of such works should, however, remain fairly narrow.
Links
Artificial intelligence, artistic expression, Copyright
RIS
Bibtex
Geoblocking measures sufficient to prevent a “communication to the public”? The CJEU gets a second chance external link
ALLEA Statement in Support of Secondary Publication Rights for Scholarly Articles external link
Abstract
The European Federation of Academies of Sciences and Humanities (ALLEA) has for many years supported the move away from proprietary models of scholarly publishing towards Open Access (OA). ALLEA, therefore, welcomes the recognition in the laws of an increasing number of European countries of so-called ‘Secondary Publication Rights’ (SPRs) that allow publicly funded researchers to make their published articles available on institutional websites and non-profit online repositories, regardless of persistent contractual practices that require authors to transfer their copyrights to commercial publishers. SPRs are proving to be strong enablers of OA to publicly funded research output, without the excessive costs associated with Gold OA models. ALLEA therefore calls upon the European Union (EU) to initiate harmonising legislation that would accord SPRs to scientific researchers in all 27 Member States of the EU.
Copyright, open access, Secondary Publication Rights (SPR)
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De Grondwet en Artifciële Intelligentie external link
De game en de knikkers. De maatschappelijke waarde van het Nationaal Videogame Museum download
Abstract
De culturele sector beleeft financieel zware tijden vanwege stijgende kosten, gedwongen sluitingen door de coronapandemie en inflatie. Het Nationaal Videogame Museum heeft
daarbovenop extra sluitingen meegemaakt wegens verbouwingen en verhuizingen. Juist in deze lastige periode is het essentieel om de maatschappelijke waarde van musea te benadrukken. Wat voegen musea toe aan onze maatschappij? Wat missen we als ze niet zouden bestaan?
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Old Volumes Never Die. IViR and Kluwer Launch Archive of Information Law Series Back Issues external link
Written evidence to the UK House of Lords’ International Agreement Committee inquiry into Data and Digital Trade external link
Abstract
Written evidence by Emily Jones, Philippa Collins, Henning Grosse Ruse-Khan, Albert Sanchez-Graells, Kristina Irion, Cosmina Dorobantu, Burcu Kilic , and Daria Onitiu to the House of Lords’ International Agreement Committee inquiry into Data and Digital Trade. This written evidence addresses the question:
How do you think the government should balance issues such as the right to regulate to protect data privacy or to access source code, with commitments in treaties protecting free flows of data or intellectual property of software developers? What has its approach been to date and how do you think it should approach these issues in future?
Source code provisions in concluded UK Free Trade Agreements (FTAs) and digital economy agreements do not take sufficient account of the need of governments to introduce a range of measures that will regulate algorithmic and artificial intelligence (AI) systems, mitigate risks associated with the use of AI systems and ensure their developers and providers are held accountable for any harms that arise.
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Bibtex
The Unproductive “Overconstitutionalization” of EU Copyright and Trademark Law – Fundamental Rights Rhetoric and Reality in CJEU Jurisprudence external link
Abstract
In EU copyright and trademark law, the protection of the right to intellectual property is the rule, and breathing space for competing fundamental rights, such as freedom of expression and the right to a healthy environment, is the exception. While formally recognizing the need to balance protection interests against other fundamental rights and values, the Court of Justice of the European Union (CJEU) fails to use competing fundamental rights productively. Instead, the Court has developed a meaningless fundamental rights rhetoric that produces the false impression that there is sufficient room for all competing rights and interests within the existing copyright and trademark systems. However, the current configuration of EU copyright and trademark law fails to offer users the chance of meeting right holders as equals, even if their fundamental rights are of equal ranking in the Charter. By adding fundamental rights cosmetics to imbalanced protection systems, the CJEU only cements and further stabilizes the existing rule/exception edifice that is strongly in favour of right holders. Introducing the mantra of internal balancing – requiring the reconciliation of competing rights and interests within the confines of secondary copyright and trademark legislation – the Court has even created a considerable risk of sacrificing competing fundamental rights on the altar of the EU harmonization agenda. By letting the harmonization objective reign supreme, the CJEU has also given the three-step test in copyright law and the honest practices proviso in trademark law a quasi-constitutional status. As a result, these open-ended provisions undermine limitations of exclusive rights that could support competing fundamental rights. To remove the imbalances in current EU copyright and trademark law, it would be necessary to introduce upfront gatekeeper requirements that prevent illegitimate infringement claims from the outset when competing fundamental rights are at stake.