Copyright Policy Research Articles

Comparative Analysis of U.S. and Canadian Approaches to Copyright Policy in the Age of AI

As the integration of artificial intelligence (AI) in everyday life (and particularly in education) increases in what seems to be an exponential way, lawmakers are racing to catch up with policy implications. This poster will present the results of an analysis of cases, legislation, and literature (widely defined) related to copyright concerns involved in the creation and use of AI. The review will take the form of a comparative analysis of approaches of the United States and Canada in crafting policy to address the incorporation of copyrighted materials in training generative AI systems such as ChatGPT and Midjourney and the use of such output in various settings such as education. The analysis will consider existing copyright laws (including user rights such as fair use/dealing and educational uses), and proposed changes to the current laws.

Research on Product Competitiveness of the Digital Music Platform: A Case Study of the QQ Music Platform

The advent of the information age has led to a gradual transition of the traditional music industry towards digital development. This report delves into product innovation strategies implemented by QQ Music, such as its copyright strategy and product features, in response to intense competition within the digital music market. Based on the key findings, this report discusses how QQ Music’s innovative strategies have contributed to reinforcing the company’s dominance within China’s music streaming industry. A thorough SWOT analysis also serves as a strategic compass, highlighting the ways in which QQ Music strategically builds on its innate strengths and aggressively addresses its shortcomings. With a forward-looking perspective, this report provides insights into the future trajectory of QQ Music. The aim is to evolve strategies in response to changing copyright policies and to increase market competition. This research demonstrates QQ Music’s current product competitiveness and serves as a strategic roadmap for the platform’s future endeavors. Through constant strategy adjustments and grappling with the industry trend, QQ Music is positioned to both navigate and actively shape the changing digital music streaming marketplace in China.

From Brussels to Brasília: How the EU AI Act Could Inspire Brazil’s Generative AI Copyright Policy

From Brussels to Brasília: How the EU AI Act Could Inspire Brazil’s Generative AI Copyright Policy

Copyright policies of science and engineering open access journals indexed in Science Citation Index Expanded or Scopus, published by Korean academic societies: a case study

This article explores the challenges related to copyright policies in the context of science and engineering open access (OA) journals based in Korea. The English-language science and engineering OA journals published independently by Korean academic societies typically exhibit three common characteristics regarding their copyright and licensing policies. First, authors are generally required to transfer their copyrights. Second, the Creative Commons (CC) license terms are predominantly BY-NC (Attribution-NonCommercial), without providing authors the option to select alternative licensing terms. Third, the journals do not sufficiently protect the rights of the authors. From the analyses presented herein, it is evident that the current copyright and licensing policies of Korea’s English-language science and engineering OA journals lack a robust structure. These policies need to be revised to allow authors to retain copyright and require them to consent for the CC license terms it adopts, in order to align with the common practice among OA journals. Furthermore, to better protect authors’ rights, it would be beneficial to permit authors to choose the specific terms of the CC license for their articles.

Copyright Protection for AI-Generated Works: Exploring Originality and Ownership in a Digital Landscape

Abstract This research explores AI-generated originality's impact on copyright regulations. It meticulously examines legal frameworks such as the Berne Convention, EU Copyright Law, and national legislation. Rigorously analyzing cases, including Infopaq International A/S v Danske Dagblades Forening and Levola Hengelo BV v Smilde Foods BV, illuminates evolving originality and human involvement in AI creativity. The study also contemplates global perspectives, drawing from esteemed organizations such as the World Intellectual Property Organization and the European Court of Justice and exploring diverse approaches adopted by individual nations. The paper emphasizes the imperative need for legislative updates to address the challenges and opportunities of AI-generated works. It highlights the pivotal role of international collaboration and public awareness in shaping copyright policies for the AI-driven creativity era. It also offers insights and recommendations for policymakers and researchers navigating this complex terrain.

Copyright Policy Options for Generative Artificial Intelligence

Copyright Policy Options for Generative Artificial Intelligence

Copyright Policy Options for Generative Artificial Intelligence

Copyright Policy Options for Generative Artificial Intelligence

АВТОРЛЫҚ ҚҰҚЫҚТЫҢ ДАМУ ХРОНОЛОГИЯСЫ: АҚШ, АНГЛИЯ, ФРАНЦИЯ ЖӘНЕ ҚАЗАҚСТАН РЕСПУБЛИКАСЫНДА АВТОРЛЫҚ ҚҰҚЫҚ НЕГІЗДЕРІНІҢ ҚАЛЫПТАСУ ТАРИХЫ

A thorough revision of copyright law is extremely necessary due to a significant increase in the material value of literary and artistic property, as well as serious problems with its protection. The copyright statute encompasses three main copyright policies: copyright must encourage learning to avoid copyright censorship; copyright must protect and expand the public domain; and copyright is to provide public access to copyrighted materials.The main purpose of this article is to study the development of copyright law, the general principles of this topic and the analysis of the sources of copyright law.Currently, digital technologies with their potential for mass dissemination of information have become a catalyst for such profound social changes that it is time to rethink the basics of copyright law as intangible property rights, its evolution and scope, exceptions and limitations, taking into account the modern needs of technological innovation, progress and revolution. Librarians, as information professionals, also have their rights and responsibilities in relation to copyright. The article attempts to study the historical development of the copyright law, as a process of unification and harmonization and its application in the library sphere, the rights and obligations of librarians, as well as restrictions and protection of copyrights.

Copyright policy and the Nigerian music industry in the era of digitalisation

Abstract The booming Nigerian music industry is having a tremendous impact on the global music scene, but at the local level it is beset by difficulties brought about by copyright enforcement. The very vibrancy of this industry is attested through numerous kinds of sonic outputs amidst the ongoing process of digitalisation, especially as evidenced by the current mainstream youth-driven hip-hop hybrid music genre known as ‘Afrobeats’. However, insufficient attention has been given by scholars to the availability, or lack, of spaces for independent and/or emerging artists to create songs outside the tight control of copyright and intellectual property laws. This is especially true for musicians who produce ‘digital mixes’. One issue that comes up rather often in reference to the production and consumption of music in this heavily regulated internet-era context is piracy, which, though ethically problematic, has nevertheless persisted in the absence of meaningful ways to allow independent and emerging artists the freedom to ply their trade.

From liberalisation to regulation: managerial political work in the European digital copyright policy (2014–2019)

ABSTRACT The 2019 Directive on Copyright in the Digital Single Market represents an intriguing departure from the anticipated path of liberalisation in public policy. While it includes provisions seemingly aligned with the liberalisation of the Digital Single Market by relaxing digital copyright enforcement, it also introduces mechanisms that bolster digital copyright protection, signalling a shift towards market regulation. This paper explores why and how Jean-Claude Juncker’s European Commission proposed a directive featuring robust regulatory elements despite initial promises of copyright deregulation within the Digital Single Market. Combining insights from political economy and political sociology, I examine the concept of ‘political work’ as the practice of promoting, defending, and implementing a choice of public action. Within this framework, I identify a managerial dimension of political work involving political practices that influence the institutional structure and management of public action. Utilising a qualitative methodology involving twelve in-depth interviews with Commission officials conducted between 2018 and 2021, alongside document analysis, I demonstrate how Jean-Claude Juncker and his cabinet’s managerial political work, encompassing organisational reforms within the Commission, played a pivotal role in steering the proposed policy towards regulation.

Librarians’ Digital Competencies: Influence on their Utilization of Emerging Educational Technologies

Academic and instructional services in academic institutions, particularly in Higher Education Institutions (HEIs), have changed as a result of technological advancement. Library and information search services are being digitized, and librarians must gain digital skills in order to provide library users with more effective and efficient research services. The purpose of this study was to determine the influence of librarians’ digital competencies in their utilization of emerging educational technologies. This study used the descriptive correlational research design and analyzed using descriptive and inferential statistics. The participants were eighty (80) registered librarians and active Philippine Librarians Association, Inc. (PLAI) members who are employed in selected libraries in Northern Mindanao. Online survey questionnaires were used for data collection. Findings reveal that the librarians’ digital competencies in terms of managing and developing digital libraries were high. while the competencies in protecting digital content were rated to a moderate extent. Moreover, the librarians’ extent of utilization of emerging educational technologies in terms of cloud computing, web conferencing, and institutional repositories was rated as generally high. The librarians’ assessment of their digital competencies significantly influence their utilization of emerging educational technologies. It is concluded that the digital competencies of librarians are crucial and indispensable as it influences their utilization and application of emerging technologies in managing and developing digital library services. It is recommended that the librarians may acquire knowledge and skills, particularly on these topics related to protecting digital contents: computer and network security, security tools and techniques, digital copyright policy, copyright issues and security and privacy in digital libraries.

Is There Still a Policy Agenda for EU Copyright Law?

Almost two decades after the last landmark act of EU copyright harmonization (InfoSoc Directive, 2001/29/EC), and after a number of narrow, targeted interventions on specific topics, the EU legislator has issued another historical directive touching key pillars of copyright law (2019/790/EU, CDSMD). It is still too early to evaluate the impact this act will have on the digital single market of protected works and the balance between conflicting interests at stake. However, commentators have already highlighted its strengths and flaws, underlined challenges and problems still affecting the system, and advanced specific reform proposals and, more generally, EU copyright law that have still remained unaddressed. This revived debate, also triggered by the interplay between EU copyright and the new regulatory interventions on platform regulation and the data economy, stand in stark contrast with the disappearance of copyright from the Union’s legislative agenda, which will likely be the case for some years to come. Building on the current state of the harmonization in the field, this Opinion maintains that a pressing EU copyright policy agenda still exists, and proposes a number of recommendations for future regulatory actions.

Deposit of Intellectual Activity Results: Challenges and Opportunities of Open Access and Open Science for Ukraine

The aim of the article is to study the place of the process of depositing the intellectual activity results within the paradigm of open science; to summarize relevant international developments; to offer their use for the transformation of the deposit system in Ukraine.
 Research methods. The article uses a set of general scientific methods of generalization and analysis, synthesis and forecasting, as well as special library science methods, which made it possible to achieve the declared goal.
 Scientific novelty of obtained results lies in grounding the need in modification of policies and procedures for depositing intellectual property results, and the creation of necessary infrastructure, taking into consideration the concepts of open access and open science, as well as the corresponding international practice.
 Main conclusions. The open science paradigm implementation is a current world trend, which enables immediate and constant access to the results of scientific research and data. Many challenges are brought about by this tendency for both scientists and those ones in charge of publishing, storing, and preserving data, such as libraries. The transformation of the system of intellectual property results depositing in Ukraine should take into account the best international experience in the development of research infrastructure, and the creation of repositories of publications and data; ensuring their compatibility and interoperability; more active introduction of the culture of preprints and open review; the development of public license and copyright policies; the needs of relevant research and practices in the field of digital curatorship. Especially, all the highlighted above should be viewed in the aspect of the National Open Science Plan which was approved in Ukraine in October, 2022, the need for integration with the European Open Science Cloud, and the new version of the Law of Ukraine “On Copyright and Related Rights”, which has entered into force since January 1, 2023.

Corrigendum

© 2023 American Meteorological Society. For information regarding reuse of this content and general copyright information, consult the AMS Copyright Policy (www.ametsoc.org/PUBSReuseLicenses). This article is included in the Waves to Weather (W2W) Special Collection. Corresponding author: Benedikt Schulz, benedikt.schulz2@kit.edu

Development of a diagnostic framework and its application to open access journal publishing in Korea

AbstractTo enhance open access (OA) journal publishing environments, this study proposed and applied a diagnostic framework for OA journal publishing. The framework includes three dimensions: OA policy establishment and disclosure, OA sustainability and journal openness quality. By applying this framework to nine OA journals in the field of science and technology in Korea, challenges faced by OA publishing were uncovered. For the dimension of OA policy establishment and disclosure, it was found that participants had lower perceptions of the importance of OA‐related financial disclosure and archiving policies compared with copyright policies. The dimension of OA sustainability was recognized as critical among participants. Finance was recognized as the most critical component of OA sustainability. Financial sources were mostly internal funding and article processing charges (APC), and participants perceived the current financial status of their journal positively. However, they were concerned about long‐term financial security. For the journal openness quality dimension, the participants were hesitant in disclosing reviews and reviewers, which can facilitate the prevention of fake peer review of predatory journals. Based on the findings, the article discusses how the challenging issues identified could be addressed. The results of this study may provide a guide for OA policy and OA system development.

Research on Copyright Policy Agenda Setting from the Perspective of Multi-stream Theory

Research on Copyright Policy Agenda Setting from the Perspective of Multi-stream Theory

저작권법상 공공소장품 이용범위에 대한 검토: 개정 싱가포르 저작권법의 시사점 및 우리나라 저작권법 개정 방향을 중심으로

In recent years, many governments have been proceeding amendments of copyright legislation more efficiently and effectively to respond to an increasingly digital landscape. Especially, The reforms have been prompted by the COVID-19 pandemic, which has further highlighted the need for a more flexible and adaptive framework to facilitate access to, and dissemination of, creative content in the digital environment, with the need for an urgent transition to widespread online and remote learning, and many public institutions having to move their services online. Especially, the Government of Singapore is seeking reform and modernization of the copyright regimes and a part of this effort, on 21 November 2021, the amended Singapore Copyright Act came into force on 21 November 2021, and replaced the existing Copyright Act (Cap. 63). The amended Act creates new exceptions for users, allowing copyright works to remain reasonably available for the benefit of society while introducing new rights and remedies to provide more recognition for creators to further incentivise the creation of works. It also and introduces a new regulatory framework for collective management organizations. In this study, we investigated and analyzed new copyright law reforms that reflect an increasingly digital landscape in Singapore, focusing on new exception for certain uses of public collection of galleries, libraries, archives, and museums prompted by COVID-19. In this regard, this study analyzes this study would like to present the direction of promoting Korean copyright policy in the future through a comparative study.

Analisis Channel Youtube Sebagai Wakaf Produktif

Waqf is one solution in the development of Islamic progress. The benefits of waqf are not only felt by the recipient of the waqf, but it is also beneficial for the giver of the waqf as a reward that continues to flow. The management of waqf into productive waqf is more beneficial to the community, because the results of productive waqf will return to the community. The more productive waqf owned by Muslims, the better. The results of productive waqf can be used to support the progress of Muslims from various aspects. Productive waqf in the digital era as it is today has many kinds, including waqf with a youtube channel. Building a YouTube channel certainly requires creativity, time, energy and thought. Someone who builds a youtube channel must pay attention to the content created. Content must be in accordance with Islamic Shari'ah, there are no videos or video clips containing things that are prohibited by Shari'ah. Until now, there have been no Muslims who have been moved to donate a Youtube channel, considering that the Youtube channel that has been built is a source of income and still has the potential nowdays and there are no special waqf regulations that regulate waqf using the Youtube channel. This study uses a qualitative method with a normative conceptual approach, namely the approach taken for a problem for which there is no legal regulation. Primary and secondary data sources are collected and studied to produce legal analysis that is in accordance with the problem being studied. The primary sources in this study are the Qur'an, hadith, state laws, guidelines for waqf management and Youtube Community Guidelines, while secondary sources are classic books, books, articles, journals and documents related to the discussion. Youtube channels that are donated must be clean from violations of Youtube community rules so that they are easy to monetize. After that, the process of submitting to Nadzir is the same as handing over waqf of Intellectual Property Rights, because the Youtube channel is a type of intellectual property. The management of the Youtube channel by Nadzir must be in accordance with the Shari'ah. Uploaded content is prohibited from leading to immorality or a stimulus to commit immorality. Content must also comply with state laws, such as having to pay attention to copyright policies. Every work has a copyright that is protected by law, if the channel contains content with someone else's copyright, it must be with the permission of the copyright owner. Likewise, the advertisements displayed on the waqf youtube channel must be in accordance with the Shari'ah. The management of waqf Youtube channels must also comply with state waqf rules. The authorized waqf supervisor must know the monthly income, operational costs for creating content and the net profit received for waqf. Youtube channels must also comply with the rules of the Youtube community guidelines.
 Keywords: Waqf, Youtube, Analysis, Sharia Economics

Rights retention, open licensing and copyright

Watch the VIDEO. Europe has seen a significant growth in Open Access (OA) policies but reform of copyright, licensing and rights retention has not followed or kept pace. Research funders such as the Horizon Europe programme and cOAlition S require authors to retain publishing rights to enable broad sharing of work under openly licenses. National policies have been set up in France, Spain and the Netherlands. Umbrella organizations like LIBER have called for legislation on the use of publicly funded scholarly publications. The European Commission is discussing this challenging area with experts to better enable Open Science. Some publishers have adopted recommended language wholesale, but more often their copyright policies stand in opposition to funder requirements, meaning authors are left to navigate the complexity and tension created. A number of institutions, in the UK, Norway and Germany are putting in place policies and support mechanisms for authors, while others are piloting rights retention actions. Stichting IFLA Foundation Programme, in partnership with IFLA, LIBER and SPARC Europe are implementing a three-year Arcadia Foundation-funded programme to reform copyright laws and regulations that enable libraries to provide significantly improved access to and use of copyrighted works. Knowledge Rights 21 aims to promote change at European, national and local levels by accelerating the uptake of rights retention and open licensing. It will do this by calling for action and change on behalf of publishers, institutions and funders to empower authors to retain their IP putting in needed resources to take key stakeholders to a new paradigm where copyright supports Open Science. The first year of the five year KR21 project is focused on building an evidence-base around current policies on copyright and licensing, and SPARC Europe is leading the sub-project on rights retention called Project Retain. It will aim to establish baselines and trends that can be monitored in subsequent years. The research will seek to better understand researcher motivations and how these are understood and being interpreted by policymakers. It will utilize interviews, surveys and focus groups to build a picture of what policies and processes publishers, funders and research institutions have put in place across Europe, drawing attention to the drivers and blockers of progress, and offering insight into good practice and innovative approaches. It will also build upon a 2020 SPARC Europe study which looked at provided copyright policies of large commercial publishers and numerous smaller ones showing where these do not meet funder requirements, and the complexities that authors faced publishing OA but not necessarily retaining their copyright. We will highlight policy change since that time. Our presentation will provide headlines generated by the research to understand the status of policies amongst publishers, institutions and funders. It will set out early thinking on recommendations for action and change arising from the research. We will then seek input from delegates through discussion and brainstorming to refine our interpretation and potential avenues for progress.

Open Science Policies at the University of Edinburgh

Watch the VIDEO. Over the last 15 years, the policy environment has shaped the open access and open science agendas in UK higher education. This paper provides an overview of open science policies at a national level in the UK and at an institutional level within the University of Edinburgh, and assesses the efficacy of these policies in practice. This paper reviews what has worked well and why, describing the development of the University of Edinburgh’s current Research Publications & Copyright Policy (2021), which is a ‘rights-retention’ policy.