Copyright Research Articles

EXPRESS: Regulating Digital Piracy Consumption

Regulators across the globe have imposed penalties on consumers for digital piracy consumption. Contrary to expectations, however, digital piracy consumption has continued to grow. We develop a simple model of competition between a copyright holder and a pirate firm to offer a plausible account for this observation as well as actionable guidelines for optimal regulation design. The core of our idea is to endogenize the pirate firm’s strategic investment in anti-tracking technologies that help consumers evade a regulator’s penalty. We find that as the penalty rises, piracy consumption can surprisingly increase after decreasing first; relatedly, the copyright holder and the society may suffer from tighter regulation. Depending on the cost of anti-tracking technologies of the pirate firm, the regulator optimally sets the penalty to operate in two different regimes. When the technology is available at a low cost, the regulator can achieve the goals of maximizing social welfare and minimizing piracy consumption simultaneously by setting a moderate penalty that maximizes consumers’ expected penalty and tolerates some level of piracy consumption. In contrast, when the technology is costly, the regulator should set a relatively high penalty to completely impede piracy supply. Additionally, we show that supply-side regulation does not substitute away demand-side regulation, and educating consumers about copyright protection may unintentionally lead to an increase in piracy consumption. Lastly, we identify complex non-monotonic long-run effects of piracy consumption regulation on the copyright holder’s incentives for content creation and copyright protection.

Predatory Monetization Schemes in Free-To-Play Mobile Game

Abstract: Predatory monetization techniques in video games refer to payment methods that hide or delay the actual price of a game until after participants have invested financially and emotionally. to it. As gaming and gambling become more comparable, such programs raise the risk of financial harm for people who have Internet gaming disorder. A video game publisher may benefit from a specific video game product through a process known as video game monetization. Though game monetization tactics differ, especially when games are developed for many platforms or genres, the goal is usually the same: to recompense copyright holders, game designers, and other stakeholders.

Current Problems of International Legal Copyright Protection

The article examines the level of international copyright protection from the perspective of such aspects as the urgent nature of copyright protection and the possibility of applying the institution of compulsory license. To this end, the norms aimed at protecting copyright holders in the Russian Federation, the CIS, the European Union and other foreign countries, in particular, in the USA, are analyzed. The most important international conventions in the field of copyright and related rights protection are reflected. The legal basis of the activity of courts in cross-border copyright relations is shown. The actual problems of private international law on the improvement of substantive and conflictof- laws legal regulation in this area are identified. The analysis suggests that the establishment of common criteria for calculating the term of copyright protection in a single unified act is due to the need to combine private and public interests in using the results of intellectual activity and their exceptional importance for the globalization of the world economic and cultural space. Arguments about the possible introduction of compulsory licenses for copyrighted products of foreign companies, by analogy with those already provided for in Article 1362 of the Civil Code of the Russian Federation for objects of patent law, lead the authors to the conclusion that the mechanism of compulsory license should not take a permanent place in the regulation of intellectual property, since it will not significantly help in reducing economic risks and losses.

Legal Protection of the Remix of the Song "Rayuan Perempuan Gila" Monetized on Instagram Music

As the development of the internet is increasingly advanced, it has both positive and negative impacts. The negative impact is the rampant copyright infringement of a song that is changed (remix sped up) and monetized for personal gain by irresponsible people. One example is the song "Rayuan Perempuan Gila" owned by singer Nadin Amizah. This is very detrimental to the copyright owner or the singer. Thus, this study is intended to analyze the identification of forms of copyright infringement and how the form of legal protection of copyright holders on the song "Rayuan Perempuan Gila" which is changed (Remix Sped Up) and monetized on Instagram Music. The research method used in completing this thesis is the type of normative juridical research, which is an effort to study the rule of law as written. The data collection technique is done with Library Research . The results showed that the owner of the rights of a work gets exclusive rights, namely rights that are only intended for the creator. As well as having protection as a form of appreciation of intellectual property. In case of copyright infringement, the creator can mak e efforts to resolve the dispute by asking for compensation or reporting criminally.

Fan Art in E-Commerce Marketplace Copyright Protection: A Study of the Chinese Experience

This research article aims to explore the Chinese experience in dealing with fan art within the copyright protection framework on e-commerce marketplaces. The findings highlight the complex relationship between fan art, copyright infringement, and e-commerce platforms in China. While fan art has become a significant cultural phenomenon and a means of artistic expression, it often infringes upon the copyrights of the original creators. The article examines the legal implications and challenges associated with fan art, focusing on its impact on intellectual property rights and the e-commerce environment. Furthermore, the study analyzes the measures taken by Chinese e-commerce marketplaces and the government to address the issue of copyright infringement in fan art. The research evaluates the effectiveness of existing copyright protection mechanisms, such as takedown notices, filtering technologies, and legal enforcement actions. This article investigates the Chinese experience in dealing with fan art within the copyright protection framework on e-commerce platforms. The article also explores the impact of Chinese internet culture and the attitudes of fan artists and consumers towards copyright protection. Additionally, it investigates the opinions and experiences of copyright holders in relation to fan art on e-commerce platforms. Overall, this research article provides valuable insights into the Chinese experience of addressing fan art within the copyright protection system on e-commerce marketplaces. By understanding the challenges and potential solutions, policymakers, copyright holders, and e-commerce platform operators can gain perspectives and develop strategies for adapting copyright protection mechanisms in the digital era.

Legal Regulation of Parallel Import in the States of the Eurasian Region

The article is devoted to the problem of regulating parallel imports in the countries of the Eurasian region, which is significant in the conditions of the modern world economy. The relevance of this issue is related to the economic sanctions applied to such states of the Eurasian region as the Russian Federation and the Republic of Belarus. The legal regulation of issues of protection of intellectual property rights in Russia, Belarus, Kazakhstan, China, and Azerbaijan is analyzed. Special attention is paid to the consideration of the practice of the Constitutional Court of the Russian Federation, as well as legal acts regulating the rights of both copyright holders and importers and consumers, who are subject to the consequences of certain decisions of copyright holders who do not consent to the import of goods into different states.Aim. Research of the legal regulation of the institution of parallel imports in the states of the Eurasian region in the context of economic sanctions.Tasks. Analysis of regulations governing the protection of intellectual property rights in the states of the Eurasian region, research of the main directions of parallel imports in the states of the Eurasian region, as well as identification of the main legal problems associated with the legalization of parallel imports in the region.Methods. Comparative legal and cross-temporal analysis of international and national regulations in the field of antitrust, copyright and customs law, as well as the study and analysis of general scientific literature and the formation of one’s own conclusions during the research.Results. As a rule, the states of the Eurasian region have established the national principle of exhaustion of rights to a trademark, and the international principle is used as an exception for certain groups of goods. The legalization of parallel imports raises several formal questions about the compliance of permission to import without the consent of the copyright holder with the international obligations of various states.Conclusions. In connection with the introduction of economic sanctions against some states of the Eurasian region, parallel imports are an effective mechanism for protecting the domestic market from abuses by copyright holders who unreasonably deny importers the right to distribute goods. Also, one of the methods to neutralize the consequences of sanctions regulation is to use the markets of other countries in the Eurasian region, which do not directly prohibit parallel imports.

The Use Of Mediation In Industrial Dispute Resolution

Administrative legislation and / or economic administrative law that “involves” criminal law in Indonesia is quite a lot. One example is Law No. 20 of 2016 on brands and Geographical Indications involved in the development of industry. Problems of criminal law in the field of administrative law and economic law, especially in the enforcement and protection of intellectual property rights have not shown action in line with the spirit of law formation. One form of violation of the law that is currently growing in Indonesia is duplication of copyright. But so far, efforts to provide legal protection for copyright holders seem inadequate. Even in the process of implementing law enforcement, it is not uncommon for copyright infringement cases to run aground in the middle of the road. Seeing the problems in the enforcement of economic criminal law, especially in the field of intellectual property rights, gave birth to an alternative discourse on the resolution of criminal disputes in the field of intellectual property rights, especially against violations of brand rights. How is the concept of industrial criminal punishment related to brand and geogtaphic indications, and whether mediation is the right choice in resolving industrial disputes.

Copyright Protection for Characters in Transmedia Environment

The proposed article provides an analysis of the legal regime for characters as impacted by the current content creation and dissemination trends with a focus on characters placed in transmedia environment and on the impact of transmedia storytelling on creative work. The author argues current global changes in creative work and different media make it relevant to return to discussions of the main premises of copyright regime for characters. In particular, the author explores a possibility to recognize independent exclusive rights to characters appear in different works of art as well as to those not described in any one of them, and looks into legal importance of characters not described in traditional works of art and literature. The paper raises the issue of exclusive right to characters in complex objects such as audiovisuals or computer games, as well as of the authorship and exclusive ownership of team-created and transmedia characters. The cases of joint authorship of (script) writers and artists as well as implications of creating images of characters existing in literary form as commissioned or allowed by the copyright holder are discussed. The legally important components of characters are explored as well as copyright transferability in the context of media production needs. The paper argues for a need to avoid mixing characters with other copyright objects, first of all works of visual arts including cartoon character sketches.

The Issue of Using Certain Copyrighted Iems Whose Right Holders are Unknown: Foreign Experience and Solutions

Introduction. The relevance of this work is due to a significant number of works whose author or right holder is unknown, the impossibility of legally using such works in civil circulation, the urgent need for normative fixation of the status of a work whose author or right holder is unknown, and establishing opportunities for legal use of such works, taking into account the analysis of foreign practice in regulating this issue. The aim of the study is to analyse foreign practice in regulating the use of works whose author or right holder is unknown, to identify the key features of this legal institution, and to evaluate its proposed incorporation into the Russian laws. The task of the study is to analyse the legal institution of using a work whose author or right holder is unknown, and to identify common features of this legal institution in different countries. The scientific problem that the research aims to solve is to establish legal regulation for the use of works whose author or right holder is unknown, taking into account the peculiarities of the Russian laws. Methods. The work used methods of analysis such as general scientific, formal and legal, comparative and legal and system and structural. Results and Discussion. The number of works whose author or copyright holder is unknown in the largest European libraries is estimated at 20—30 %, and some estimates suggest that the proportion of such works in Russia is even higher. The works whose author or right holder is unknown are not given in international treaties of a universal character, but is reflected in some regional (Directive 2012/28/EC of the European Parliament and Council of the European Union) and national regulations of about 30 countries. The legislation of each of the countries reviewed (France, Germany, Norway, Hungary, UK, US, Canada, India, Japan, Korea) has its own peculiarities. Draft Federal Law No. 411043-8 "On Amending Part Four of the Civil Code of the Russian Federation (in terms of establishing a procedure for the use of certain objects of copyright and related rights whose right holders are unknown)" establishes the concept of an object of an unknown author (right holder), and sets up a mechanism for the use of these objects, the authors (right holders) of which, if identified, will be able to receive remuneration for such use. The proposed mechanism fits seamlessly into the existing system of collective rights management, contains provisions aimed at developing this system (the possibility of using a nominal account to collect and store funds owed to other right holders) and ensuring the interests of authors (right holders) of orphan works. Conclusion. There are no unified approaches in different national legal systems with regard to almost all elements of the works whose author or right holder is unknown, at the same time, the content of applicable laws reveals common ways in the development of regulation. In the absence of a universal international regulation of this issue, each country establishes its own mechanisms to provide the possibility of using orphan works, to return such works to the cultural, scientific and educational environment, to prevent their oblivion and loss, which from time to time make it possible to re-establish contact with their creators, authors or right holders.

Semantics and Non-fungible Tokens for Copyright Management on the Metaverse and Beyond

Recent initiatives related to the Metaverse focus on better visualization, like augmented or virtual reality, but also persistent digital objects. To guarantee real ownership of these digital objects, open systems based on public blockchains and Non-Fungible Tokens (NFTs) are emerging together with a nascent decentralized and open creator economy. To manage this emerging economy in a more organized way, and fight the so common NFT plagiarism, we propose CopyrightLY, a decentralized application for authorship and copyright management. It provides means to claim content authorship, including supporting evidence. Content and metadata are stored in decentralized storage and registered on the blockchain. A token is used to curate these claims, and potential complaints, by staking it on them. Staking is incentivized by the fact that the token is minted using a bonding curve. The tokenomics include the resolution of complaints and enabling the monetization of curated claims. Monetization is achieved through licensing NFTs with metadata enhanced by semantic technologies. Semantic data makes explicit the reuse conditions transferred with the token while keeping the connection to the underlying copyright claims to improve the trustability of the NFTs. Moreover, the semantic metadata is flexible enough to enable licensing not just in the real world. Licenses can refer to reuses in specific locations in a metaverse, thus facilitating the emergence of creative economies in them.

Deconstructing the Blueprint for Infringement: Remedying Flawed Interpretations of the § 120(a) Exception to Architecture Copyrights

Deconstructing the Blueprint for Infringement: Remedying Flawed Interpretations of the § 120(a) Exception to Architecture Copyrights

Legal Protection of Copyright as a Complaint Offense From a Criminal Law Perspective

Currently in Indonesia there are many cases of criminal acts against copyright. This number is quite fantastic when you look at the fact that from what is known the number is already quite high, not to mention small cases that do not receive special attention by the government. Of course, if left unchecked, this could cause losses, not only for the creator of the work, but also have an impact on the country's social aspects and even the country's economic aspects. This research uses a normative juridical type of research, what is meant by normative juridical research is legal research. literature because normative legal research is carried out by examining library materials or secondary data only. The legal materials referred to will also be used as interesting literature reviews and books, and web-based resources. The occurrence of copyright crimes can harm the creators and thus legal action must be taken against copyright holders during this process. Criminal law against copyright criminals will be implemented. gradually investigation, investigation, prosecution and investigation in court. The concept of the criminal act of complaint offense (klacht delict), from the meaning of the word klacht or complaint, means a criminal act that can only be prosecuted after a report contains a request for prosecution in relation to a particular person or persons. As a country that has ratified TRIPs (Trade Related Aspects of Intellectual Property Rights), this means that Indonesia has a strong enough legal basis to protect the owners or holders of Intellectual Property Rights (IPR), which include Copyright. Copyright Law Number 28 of 2014 has adapted to the agreement agreed in TRIPs. Based on the description above, it can be concluded that the offense of complaints in copyright crimes is not appropriate for the use of copyright crimes. This is because the substance of ordinary offenses has more relevance to prosecuting copyright crimes. In the description above, the state's responsibility to protect citizens, in this case copyright holders, has been explained. The recommendation regarding this problem is to make or formulate copyright crimes into ordinary offenses. So that law enforcers do not hesitate in carrying out inquiries, inquiries and prosecutions for copyright crimes. So don't wait for complaints from copyright holders. The complaint offense will limit law enforcement

Balance of Interests of the State and the Copyright Holder in the Field of Intellectual Property for the Purposes of Competition Protection

The paper analyzes the balance of interests of the state and the copyright holder in the field of intellectual property for the purposes of competition protection. Having analyzed various measures of legal support by the state aimed at stable economic development through the prism of trust in the state and law, the author draws attention to «parallel imports.” The author also focuses on the possibility of limiting the protection of rights to intellectual property objects at the contract level due to the negotiating power of counterparties on whose sites production is located, which is similar to some Asian states. In the paper, the author analyzes the practice that took place before 2022 and compares it with the current state of ensuring the rights and legitimate interests of copyright holders. Summing up the study, the author believes that investment opportunities and trust for the state from both the society, representing the state, and national business and for foreign participants to international trade may be created through a solution that will allow the latter to fully realize their rights to intellectual property rights protection when resuming activities in the country.

A Journey Through Open Access Publishing in Aquatic Sciences

AbstractPublishing scientific work is as important as conducting research. The rise of online Open Access (OA) publications that are immediately available to readers everywhere free of charge has transformed the publishing landscape in the past decades. I offer a translation of this article into Brazilian Portuguese as my own attempt to improve access to scientific content (Supplementary Information, SI). In this article, I introduce OA publishing in the context of the aquatic sciences. More specifically, I talk about how OA came to be, the different types of OA publications and copyright licenses, the benefits and pitfalls of OA publishing, and how to pay for gold OA publications.

Avrupa Birliği Dijital Tek Pazar Direktifi Madde 17'nin Uygulanması

The article focuses on the development and implications of the EU's DSM Directive, particularly Article 17. It explores how this Directive aims to harmonize copyright laws within the EU, balancing the interests of copyright holders and internet users in the digital sphere. The paper delves into the complexities of implementing Article 17, examining its impact on fundamental rights, the challenges in its practical application, and the rationale behind its adoption. Furthermore, it discusses the Directive's influence on digital economy modernization in Europe, the legal debates surrounding it, and the varied implementation strategies across EU member states.

Moveable Type XV 2023-24 "MOVEMENT" Full Issue

First published in 2024 by Moveable Type Journal Department of English Language and Literature University College London Gower Street Available to download free: https://student-journals.ucl.ac.uk/MT/ ISSN 1755-4527 (online) Text © Contributors, 2024 Images © Copyright holders named in captions, 2024 Cover image: Florian Klauer for Unsplash

Коллективное управление авторскими и смежными правами: современное состояние и перспективы

The article examines the current issues of the institute of collective management of copyright and related rights. The author substantiates the agency nature of legal relations arising from an agreement between copyright holders and collective management organisations. It argues in favour of necessity to extend the institute of collective management to such ways of using musical and musical-dramatic works as their inclusion in a complex object and making them publicly available. The judicial practice according to which allows to compel the user to conclude a remuneration agreement with an accredited collective management organisation is critically evaluated. Some changes to the existing model of participation of collective management organisations in the protection of copyright and related rights are proposed.

REGULATION OF THE ORPHAN WORKS IN UZBEKISTAN

This article is devoted to analyzing the establishment of orphan works, the regime is one of the most important tasks of modern intellectual property law. Despite thisfact, it is worth noting that this topic has been little studied in the works of domestic and foreign poor authors. The problem of determining the legal regime of orphan works of visions became relevant at the beginning of the XXI century, during the period of active development of digital technologies. The works are being transferred to the Internet environment, and consent is required to ensure this process legitimate copyright holders.

The Role of Music Aggregator Distribution Toward Music Performers in View of the Three Pillars of the Copyright System

One of the works of art that is closely related to human life and economic value is music. The existence of music and songs include the scope of intellectual property copyright section. Copyright arises automatically to get protection and has economic value for its creator. Music actors, in this case the creator, can publish the results of their creativity more quickly to the general public through Music Aggregator. This becomes a commercial digital service provider in the form of a digital streaming plaform by distributing music that can be accessed anywhere and by anyone. This approach seeks to review the role of Music Aggregators in carrying out the distribution of music to the music performers in terms of the three pillars of the copyright system, namely by reviewing legislation number 28 of 2014 concerning copyright. In this case, as government support in making regulations that guarantee the rights of creators and legal protection of the works produced, it has been fulfilled but not fully because there is no specifically regulated copyright protection on digital platforms (Regulation). Infringement of musical copyright works on digital streaming platforms needs to be addressed through effective and efficient law enforcement, employing both litigation and non-litigation processes (Law Enforcement). The National Collective Management Institute, authorized to oversee the commercialized management of musical copyright works by Music Aggregators, play an important role in optimizing the function of royalty management. This involves facilitating the relationship between Music Actors as copyright holders and Music Aggregators as copyright users (Management).

TV Broadcast Piracy Through Illegal Live Streaming Applications: Challenges and Legal Protection for Copyright Holders

The copyright infringement that is currently on the rise is the emergence of illegal TV streaming apps. The application is now very annoying to official broadcasting rights holders because the presence of such illegal streaming applications will cause losses. This paper aims to find out the form of legal protection as well as legal action for television stations that suffer losses from the piracy of such broadcasting activities.This study is a normative legal study with normative jurisprudence approach to critically analyse the criminal and civil law norms against piracy TV broadcasts through the Live Streaming application aimed at digging and revealing the protection and enforcement of the law for TV stations suffered losses as a result of such piracy.If a person is found to conduct broadcasting or distribution without the permission of the owner who violates the provisions of Article 25 paragraph (2) of the Copyright Act with the criminal punishment of Article 118 of the copyright Act. Whereas the perpetrator of illegal live streaming application that violates Article 32 paragraph (1) of the ITE Act, can be subject to criminal sanctions as referred to in Article 48 paragraph 1 of the Act. The resolution of copyright disputes can be carried out through litigation and non-litigation. It would be better for the public to choose to watch legally and subscribe through an official service despite having to pay for the safety and convenience of the user.