ReelShort as a New Template of International Short-drama Business: Platformisation, Glocalisation, and De-Westernised Practices

The article is devoted to the forensic characteristics of the creation and distribution of content containing child pornography using information and telecommunication systems or technologies. This type of criminal offenses is classified as complex methods. The components of criminal technology are: obtaining access to child pornography, its acquisition, storage, importation, transportation or other movement, production, sale and distribution (Article 301-1 of the Criminal Code of Ukraine); rape (Article 152 of the Criminal Code of Ukraine); committing acts of a sexual nature with a person who has not reached the age of sixteen (Article 155 of the Criminal Code of Ukraine); sexual violence (Article 153 of the Criminal Code of Ukraine); corruption of minors (Article 156 of the Criminal Code of Ukraine); human trafficking (Article 149 of the Criminal Code of Ukraine). Girls aged 9 to 13 were most often involved in the creation of sexual content. Criminals take advantage of the vulnerable state of children, caused by the fact that they have not yet formed sexual identification, hierarchy of motives, moral consciousness and self-awareness. In more than 90% of cases, the investigated crimes were committed with the participation of persons close to the child. Such criminal offenses are committed for sexual and selfish motives. Consumers of pornographic content have a sexual motive. The creation and distribution of content containing child pornography using information and telecommunication systems or technologies is most often committed by organized criminal groups for selfish motives, which have a clear hierarchical structure: the organizer; recruiters; directors; performers; distributors of pornographic content. Criminal technologies include two groups of offenses: 1) actions related to violence against a child; 2) actions related to the creation and distribution of pornographic content using information and telecommunication systems or technologies. The peculiarity of the circumstances of the commission of the investigated group of criminal offenses is that the place of sexual violence (that is, the creation of content containing child pornography) has a specific (physical) address, and the distribution of such content is carried out using information and telecommunication systems or technologies. Criminal technologies include two groups of offenses: 1) actions related to violence against a child; 2) actions related to the creation and distribution of pornographic content using information and telecommunication systems or technologies. The peculiarity of the circumstances of the commission of the investigated group of criminal offenses is that the place of sexual violence (that is, the creation of content containing child pornography) has a specific (physical) address, and the distribution of such content is carried out using information and telecommunication systems or technologies.

This article introduces the concept of `media templates' and explores how these templates operate in relation to existing theories around key events and news icons. Drawing on focus group discussions, content analysis and interviews with media personnel, I demonstrate how templates help to shape news narratives and guide thinking not only about the past, but also about the present and the future. The argument is illustrated by examining the position of the `Cleveland scandal' (and the subsequent `Orkney crisis') in discussions of child sexual abuse. The discussion explores how templates such as Cleveland are established and maintained by source strategies, social power relations and journalistic/audience reception processes. The article concludes by outlining the implications of templates for media production practice, media studies theory and audience reception research.

“It Belongs to the Internet”: Animal Images, Attribution Norms and the Politics of Amateur Media Production

Regardless of whether, one day, the Treaty of Lisbon will enter into force, its rules provide a point of reference to determine which part of primary legislation is in need of reforms. This paper focuses on points considered relevant to the further development of intellectual property and law. The paper assembles a multitude of assertions and findings on changes to rules of primary law that are relevant for intellectual property. To state an example, as regards fundamental rights protection, the Treaty of Lisbon declares the Charter of Fundamental Rights to be binding. However, the Charter is not integrated in either Treaty. Consequently, changes to the Charter are not subject to the procedure for primary legislation and doubts remain as to its supremacy in relation to national law. We may therefore see two classes of fundamental rights emerge. The coexistence of Charter rights with general principles of European law, ECHR rights and national fundamental rights raises further questions; as does the Protocol on the Application of the Charter to Poland and to the United Kingdom. The right to (intellectual) property as contained in Art. 17 of the Charter matches the protection under the ECHR. However, Art. 17 deviates from the wording of the ECHR insofar as deprivation in the public interest is by all means subject to fair compensation. Further, the Treaty of Lisbon transcribes the basic regulations on objectives and values of the TCE to the TEU. With regard to intellectual property, the references to the promotion of and technological and Europe's cultural heritage and diversity - the tension between unity and diversity remains - are of importance. The scientific and technological advance is to be put on a firmer footing. In the field of competences, for example, shared competence applies to harmonization measures concerning the internal market - relevant to intellectual property rights, hence applying the principle of subsidiarity. The new competence for the creation of European intellectual property titles can be categorized as an internal market competence and hence as a shared competence, but without entailing the loss of competence for national legislation. It is also submitted that the new competence for the approximation of criminal laws to implement Union policies is of particular relevance to intellectual property and law. On the contrary, the relevance of the facts that the Union's exclusive competence for is now explicitly stated and that free and undistorted competition has been removed from the catalogue of objectives, remains unanswered up to now. The competence of the Union to conclude agreements on trade-related aspects of intellectual property rights will form part of the common commercial policy and thus will be an exclusive competence of the Union. Agreements on intellectual property not falling within the expanded scope of the common commercial policy definition may be affected by the codification of the ECJ's AETR doctrine on implicit exclusive external EC competences. Moreover, the Treaty invigorates the subsidiary principle's implementation by giving national parliaments ex-ante control and by linking it to the local and regional level. It also clarifies the rules on the categorization and exercise of competences (e.g. the principle of proportionality). Unlike the TCE, the Treaty of Lisbon essentially keeps the Union's legal instruments, while modifying some of them significantly, in some cases even exceeding the TCE. The modifications of the general legal instruments are of particular relevance to intellectual property and law as these are most used for the implementation of the Union's policy in these areas. Note: Downloadable document is in German

Objective: to determine the level of protection of the rights of content creators in social media and to develop measures to prevent offenses in this area.Methods: to achieve the objective, the sociological and legal cognitive tools were used, including the doctrinal method of researching the subject area, obtaining “first-hand” data and taking into account the factors and circumstances of influence. The main results were obtained through the sociological method used to collect data based on a specially developed questionnaire with four research questions: (1) what are the perceptions and opinions of third parties or users regarding the role of a content creator? (2) are the rights of content creators regarding their works violated? (3) what are the ways to protect the created content from infringement by platforms? and (4) how can the rights of content creators be protected? The empirical findings and generalizations were based on a combination of analyses, including content analysis of primary and secondary legal sources.Results: In recent years, the content generation in social media has evolved into a complex industry that is transforming both the traditional understanding of creative expression and the implementation of intellectual property rights. Using the Nigerian experience as a case study, the authors examine the rights and protection measures provided to digital content creators under intellectual property law. The study shows that there is currently not enough scholarly work in this area or developed legislation to protect the social media content. It is concluded that there is a need for improved legislation on the protection of rights in the sphere of social media content. In the absence of such legislation, creators of online works should resort to more radical methods in enforcing their rights in order to reduce intellectual property misappropriation. Creators of such works are suggested to ensure the protection of their rights based on the fair use doctrine principles.Scientific novelty: the study is structured around research questions concerning infringements and remedies for content creators. The questions were addressed to respondents from different countries, a large proportion of whom specialize mainly in content creation in various social spheres through several media platforms and social networks.Practical significance: the article conclusions and recommendations may minimize the risks of infringement of intellectual property rights of content creators, which may arise with the widespread use of social networks, as well as increase the level of protection of rights to works created in the form of online content.

Generative Artificial Intelligence (Generative AI) is transforming content creation, enabling faster and cheaper production of text, images, and more. However, it raises complex issues regarding intellectual property rights and ownership. This article explores the evolving landscape of AI-generated content, focusing on its alignment with existing intellectual property regulations. It delves into legal disputes exemplified by cases like Getty Images, INC. v. Stability AI, INC, and Doe v. Github, INC, which highlight the challenges of AI-generated content regarding intellectual property. The article also discusses the impact on the creative sector and offers recommendations, including the need for ethical guidelines, education, hybrid collaboration, public involvement, and international cooperation. Addressing these challenges is crucial to harmonize intellectual property rights and maximize the benefits of AI in content creation.

Nowadays changes’ vector related to the information and technological novelties presently shifts: from technical, economic and legal fields - to the socio-cultural dimension. Following the production sectors, other areas of life became the objects of conscious and deliberate innovative activities, that allow us to fix the transition towards an innovative model of social and cultural development, and the corresponding increase in the value of Intellectual Property institutions in today’s post-industrial world. This is why the innovation has become one of the main types of nowadays practical activity with intellectual or creative content, and it’s perceived as an essential precondition for further civilized development. The intellectual property may be considered as a specific kind of original information, objectified in appropriate form. The core of any intellectual property object is innovation. The latter may even be understood as its inner substance. And the knowledge should be esteemed as a prelude to innovative or creative process. In the article, the main attention was focused on the dialectics of development of our Information reality that is changing gradually, but inevitably. The most controversial point is to keep the balance between the principle of Freedom of information (including free Internet, independent mass-media, privacy on the Web, anonymous sources for press and journalism activity), on the one hand, and the principle of informational safety and public security (i.e. the possibility of state power to resist an external informational aggression, to block disinformation attempts, to prevent manipulations with information that may be really dangerous or harmful to the society in different aspects), on the other hand. The general vision of today’s Information space evolution is expressed as an ambiguous process, which implies both the advantages and disadvantages of this new kind of reality. Eventually, this means the existence of the dark side of mentioned processes, and the bright one. It all depends on how people will actually use these technological tools. That’s why the state should always remain the sentinel of this fragile balance between the Freedom of Information in all possible ways, and the Censorship that may be expressed in soft or hard forms. The other matter is an Intellectual Property protection mechanism in this new information reality, including international and local legislation, judicial practice, as well as mental, moral and ethical, sociocultural, economic and even geopolitical aspects of IP protection. Everyone should respect the related Laws, and individual commercial & noncommercial rights of authors or possessors. But, simultaneously, this realm of social-economic and legal relations - called "intellectual property" - should be reconsidered deeply, as technological and sociocultural conditions have changed substantially. That’s why we consider the current global IP protection system as the olden one. It must be modernized, and this modernization should be definitely commenced by its liberalization.

The primary objective of this study is to examine the impact of Artificial Intelligence (AI) on content creation across various creative industries, including writing, visual arts, and music composition. The research aims to analyze how AI technologies are transforming traditional creative processes, while also addressing the associated ethical, legal, and economic implications. Data were collected through a structured survey conducted between January and March 2024 among 250 professionals working in journalism, marketing, visual arts, and music production. A stratified random sampling technique was employed to ensure sectoral representation. The study utilized descriptive statistics and independent sample t-tests to evaluate AI's influence on creativity and related concerns. Data analysis was performed using SPSS software. The results revealed statistically significant impacts of AI on creative processes, with t-values of 5.50 (writing), 4.72 (visual arts), and 4.10 (music composition), all with p-values < 0.001, confirming the rejection of the null hypothesis. The findings highlight AI’s capability to enhance efficiency and innovation in content creation, while also raising critical ethical issues, such as authorship (mean score = 3.95), bias (mean = 4.05), and intellectual property rights. Economically, the study found evidence of AI contributing to job displacement and evolving employment patterns within creative sectors. This research underscores the dual nature of AI as both a transformative force and a source of emerging challenges, emphasizing the urgent need for robust ethical and legal frameworks to govern its use in content creation.

This study investigates the reasons for the students of Senior High School grade X, XI, and XII who are willing to become a professional, beneficial, and/or blue tick (verified) professional content creator. The age of the students falls between 14 and 18 years, while the participants are from the category of classes ranging between X to XII. Data were collected through an online questionnaire available to students from several selected schools within the area. Then, they were asked about their opinions regarding the time of use of social media, opinion about content creators, interest to take content creator as a profession, and opinions in regards to having a blue tick in social media. The themes were based on the analysis of content that emanated from the data collected in line with the motivation, aspiration, and perception of students for the profession of content creators. The research shows that the majority of the potential respondents are interested in being content creators, among the reasons such as possessing the ability to share creativity, bring goodness, and provide promising income opportunities. Added to this, the said respondents also feel that the blue checkmark status acts as a sim. These findings highlight the actuality that social media could indeed influence perceptions and aspirations within the young generation. It further underlines the challenges that prospective content creators can face. This study will provide insights into how social media have influenced young generations' career interests in the digital age for educators and policymakers.

This working paper is a lightly edited transcript of a CREATe public lecture delivered at the University of Glasgow on 28 November 2018. The World Trade Organization TRIPS Agreement established multilateral rules on “trade related aspects of intellectual property”, purporting to do away with distortions and impediments to trade, and to establish a benchmark for adequate and effective intellectual property protection. It posits a positive-sum relation between the producers and users of technological knowledge. These rules were drawn up a generation ago in Geneva, exactly where and when the World Wide Web was in the process of being invented. The Web epitomises the technological developments – the digital disruptions – that have revolutionised the ways in which intellectual property is formed, regulated, managed and traded; yet the TRIPS Agreement was concluded at a time when creative content was mostly embedded in physical media, and almost exclusively counted as trade in goods. New business models for the creative industries and new technology platforms for the distribution of content have outpaced regulatory, legislative processes, let alone the capacity of multilateral rules to be adapted and updated to respond to these developments. Recent bilateral and regional deals – negotiated expressly outside the multilateral sphere – have sought to define and promote digital trade. This working paper reviews the abiding significance of the TRIPS Agreement for trade in creative content against the fundamental shift from trade in physical carrier media to trade in network data packets: is TRIPS somehow ‘wired’ – a timely trade pact that foreshadowed the growth in trade in IP as a valued good in itself; or ‘tired’ – rooted in a bygone set of assumptions about how IP is traded; or indeed ‘expired’, superseded by fundamental technological shifts and subsequent trade deals? The paper concludes by reflecting more broadly on what the impact of technological disruption can tell us about the essential relationship between the creator and the consumer of creative works, and the limitations of ways of understanding diffusion of creative works that are limited to legal, technical or regulatory frameworks.

Digital Games Distribution: The Presence of the Past and the Future of Obsolescence

Garihma (to Care for)

INTRODUCTION Chapter 4 has made clear that acts of Member States can be reviewed directly against the Treaty provisions on the free movement of goods, which have direct vertical effect. This chapter examines whether Articles 34 and 35 TFEU also apply, or will at some stage apply, directly to acts of individuals. Section 6.2. will analyse the judgments of the Court of Justice in which it addressed the issue of their direct horizontal effect. The results of the analysis are summarised in section 6.3. and supplemented by observations on the expected evolution of the Court's case law. CASE LAW: CHRONOLOGICAL OVERVIEW This section will identify and discuss the judgments in which the Court of Justice expressed or is said to have expressed a view on the issue whether the Treaty provisions on free movement of goods have direct horizontal effect. CASE LAW REGARDING INTELLECTUAL PROPERTY RIGHTS Intellectual property rights can frustrate the free movement of goods. The Deutsche Grammophon judgment is a striking example. 1 In its home market, a German gramophone record producer (DG) exclusively supplied retailers and wholesalers that had committed to observe the consumer prices set by DG. Metro – a German wholesaler – circumvented this obligation by obtaining supplies via the French company Polydor (a DG subsidiary). DG filed an application for an injunction prohibiting the importation, invoking an exclusive right to distribute the protected goods that was recognised by law ( Verbreitungsrecht ; a right related to copyright). The national court hearing the application allowed the claim. On appeal, the question arose whether the national legislation which allowed DG to invoke its intellectual property rights was compatible with Article 34 TFEU. The Court of Justice brought clarity: 11 Amongst the prohibitions or restrictions on the free movement of goods which it concedes Article 36 refers to industrial and commercial property. On the assumption that those provisions may be relevant to a right related to copyright, it is nevertheless clear from that Article that, although the Treaty does not affect the existence of rights recognized by the legislation of a Member State with regard to industrial and commercial property, the exercise of such rights may nevertheless fall within the prohibitions laid down by the Treaty.

The Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS) makes the intellectual property right become the source of profit and an important method to measure the wealth and competitiveness of a country, region and enterprise. The transnational corporations are transferring their monopolized technological advantages into market monopoly advantage and international competitive advantage, and trying to control the domestic and international market by intellectual property right management strategy. In order to adapt to the development of knowledge economy and the domestic and international competitive environment, occupy the high point of future science and technology, industry and economy, it is imperative for Chinese enterprises to make and implement effective intellectual property right management strategy. The intellectual property right is not only a statutory monopoly right, but also a strategic weapon for enterprises to have competitive advantage in the market, which is an important part of the enterprise's core competitiveness. This determines that Chinese enterprises have to attach importance to the identification, protection, management and application of the intellectual property right from a strategic view to make it truly become the source of enterprise core competitiveness and competitive advantage. The implementation of the enterprise intellectual property right strategy requires the guidance of national intellectual property right to fully advance the intellectual property right work in respect of creation, management, protection and application. It is also necessary to build a good supporting environment to implement the enterprise intellectual property right.

The shift of the world to a knowledge economy, mainly driven by Intellectual Property (IP), calls for research dissemination through scholarly publishing to promote the protection and commercialisation of IP. In Africa, innovations such as mobile payment systems, drones, and development in the fields of renewable energy, biotechnology, and artificial intelligence have become key drivers of economic growth and development. However, many African countries have yet to know and appreciate the value of IP to their economies. The benefits of IP may be fully realised through proper awareness and understanding of IP using scholarly publications. The study sought to examine the published documents that focus on IP and the creative industry in Africa in order to create awareness and understanding of the breadth and scope of IP and IPRs. Content analysis was conducted on Scopus using descriptive informetrics. The Scopus database was used to ascertain the published documents that focus on IP and the creative industry in Africa. The researcher used the search string TITLE, ABSTRACT, KEYWORD and also applied Scopus “Analyse Search Results”, which facilitated in-depth analysis of the documents according to the key indicators (the year of publication, territory or country, source, author, institute/ affiliation, types of document, subject areas and sponsors). The analysis revealed that there were very few documents published each year on IP and the creative industry published in Africa. Although documents on IP and the creative industry in Africa were published through three document types, there was a diversity of the subject areas in which research on IP and the creative industry in Africa was found. Of the available research, most authors were affiliated with institutions in Africa, but only one of the journals belonged to an African country, and of all the sponsors, only four belonged to an African country. There was very little research on IP and the creative industry published in Africa, although IP is applicable to different disciplines. Africa needs to improve its science and technology capacity, research facilities and funding, and understanding and awareness of IP. Scholarly publishing on IP and the creative industries would be more pronounced if supported by local sponsors and journals instead of relying on scholars and institutions affiliated with countries outside Africa.