The proliferation of digital content platforms has intensified copyright conflicts, acutely affecting Indian YouTubers. This paper investigates the misalignment between India's "fair dealing" (Copyright Act, Section 52) and YouTube‘s automated Content ID. Through doctrinal and comparative legal analysis juxtaposing India's framework with US "fair use" and the EU Copyright Directive, this study examines how automated enforcement interacts with statutory exceptions. We argue the current ecosystem, exemplified by disputes such as the recent allegations against Asian News International (ANI) for issuing copyright strikes on short news clips used in commentary videos, facilitates copyright claim misuse, disproportionately affecting independent creators, and chilling critical commentary. Automated enforcement prioritizes claims over nuanced legal exceptions, creating a power imbalance. The paper proposes dual reform: platform governance changes (enhanced fair dealing assessment) and legislative clarification by India to adapt fair dealing for the digital age, potentially via a new oversight body.

Abstract Karl Popper, Austrian–British philosopher, proposed “three worlds” in 1970’s; world 1 being the world of physical objects and physical states, world 2 being the world of mental states, and world 3 being the world of products of human minds. This paper proposes that capital formation as well as production should be able to be described in terms of Popper’s world 1 only. We call this “world 1 criterion” concerning the production boundary (and the capital boundary). Unfortunately, the present SNA rules involve some failure about the treatment of world 3. Irish anomaly is a typical consequence. Patents and copy rights are not capital, residents of world 1, but rights, residents of world 3. For example, when a novel, resident of world 3, first appears in the world as an original manuscript, it is a resident of world 1 as well. The 1993 version of SNA called this type of world 3 assets “entertainment, literary and artistic originals.” It is this world 1 product (the original of the novel) that national accounts statistics should record as production and capital formation. The present paper seeks to make clear where the SNA failed and consider how you can fix it. Among them, the tangible-intangible distinction will be examined. Software, database, as well as data in a digital form should be regarded as world 1 products which exist physically. The category “intellectual property products” which newly appeared in the SNA 2008 is so motley that re-examination is definitely needed.

The question of initial ownership is a preliminary question in all copyright claims. It is thus of fundamental importance for the success of any copyright claim. The confrontation of the principle of territoriality vis-à-vis the universality principle finds its reflection in the choice of a connecting factor for the question of initial ownership of copyright. Proponents of universality tend to apply the lex originis rule, which takes into consideration legal relations existent in the State of the origin of the work. On the other hand, there are proponents of the strict territoriality principle who apply lex loci protectionis conflict-of-laws rule to the whole copyright statute, including the ownership question, which leads to de facto violation of legitimate expectations of copyright holders. One of the often-mentioned arguments of lex loci protectionis proponents against the use of lex originis is that lex originis is not able to comply with the national treatment principle enshrined in most international copyright instruments. The purpose and aim of the article is to analyze whether the lex originis conflict-of-laws principle indeed contradicts the national treatment principle. For that purpose, the Russian judicial practice is analyzed, for Russia is one of few countries using the lex originis principle, which has also had an opportunity to develop an advanced judicial practice in this regard. Most EU countries prefer the lex loci protectionis connecting factor to determine the initial copyright owner, which, however, presents a substantial hindrance to the single market. In order to not touch the dogmatically settled lex loci protectionis principle and at the same time enable free movement of services within the single market, the EU has introduced a home country rule in its secondary law, which is a material copyright law derogation made in favor of the functioning of EU single market. Compliance of this phenomenon with the national treatment principle is also analyzed in this article. The author concludes that the conflict-of-laws principle lex originis, as well as the home country rule, are indeed incompatible with the national treatment principle. It is further concluded that it is through the lex originis principle that the essence of national treatment is realized. In order to interpret international copyright treaties secundum ratione legis, the question of copyright ownership should be explicitly excluded from the scope of national treatment, thus from the scope of lex loci protectionis.

Abstract An author who alleged that John Lewis had copied her book for their dragon-themed Christmas advertisement was forced to publish on her website the judgment finding that no copying had taken place.

Institutional repositories have risen to prominence in the worldwide push towards a knowledge community, serving as a key medium for education, research, and training. In the Sri Lankan environment, institutional repositories are becoming increasingly popular in the digital age. Despite the fact that the country has made significant investments in the development of innovative information and communication technology (ICT) products for education, in particular, the adoption and use of institutional repositories provide a number of obstacles, including issues of accessibility, dependability, copy rights, and so on. The purpose of this research is to examine academic staff awareness and attitudes regarding the usage of institutional repository at the Eastern University in Sri Lanka (EUSL). The survey approach was used; data was obtained by an online questionnaire and analyzed using the SPSS statistical software package. It was determined whether academic personnel were aware or had negative attitudes towards using institutional repository through the use of the Diffusion of Innovation (DOI) and the theory of reasoned action (TRA) theoretical models. According to the data, academic staff members have a high level of understanding concerning institutional repository. The findings suggested that academic staff did not deposit their research work into institutional repository on a regular basis since the vast majority of them were not aware of how to deposit their work into the repository. A recommendation from the study’s conclusion is that libraries should provide appropriate awareness programs and training to researchers about the benefits of using institutional repositories, self-archive publishing, as well as encourage them to deposit their research work in these venues. Finally, it was discovered that the level of awareness and attitude toward institutional repository are both important factors in determining its use.

Judgment on North Korea's capacity as a party in civil proceedings must be based on North Korea's dual status according to the theory of special relations between the two Koreas. In the domain of norms acting as a partner for dialogue and cooperation, North Korea can be seen as an organization equivalent to a foreign country, so the capabilities of the parties can be recognized. On the other hand, in the domain of norms that operate as an anti-state organization, North Korea is considered an unrecognized country, and its capabilities may be denied. At this time, in relation to whether North Korea can be recognized as a non-incorporated association under domestic law, the requirement for a corporation under the civil law, which is mainly reviewed by the target judgment, is suitable for a general organization that exists in Korea and lacks registration, but has the same corporate character. It is reasonable to evaluate whether an unapproved country has the characteristics of a legal entity based on whether or not it meets the conditions for establishment of a country.
 According to the terms and conditions of the contract for the use of copyrighted works, the Inter-Korean Copyright Center, a copyright agency in South Korea, can be seen as a copyright agency brokerage business between “North Korean copyright holders” and “South Korean users.” And since North Korea's Copyright Office is not a copyright trustee, but only a copyright agent, it cannot be seen that North Korea has a copyright claim. However, In some cases, it is necessary to individually determine whether the royalties receivable belong to North Korea, such as ‘5. Chosun Central TV video production.

Each subparagraph of Article 4, Paragraph 1 of the Unfair Trade I nvestigation Law stipulates the types of unfair trade practices that a re subject to investigation by the Korea Trade Commission(KTC). Th is includes domestic imports and exports of goods that infringe intel lectual property rights. Infringement of intellectual property rights u nder the Unfair Trade Investigation Act includes infringement of pat ent rights, utility model rights, design rights, trademark rights, copyr ights, and trade secrets, but excludes acts of unfair competition und er the Unfair Competition Law. Separate from the investigation under the Unfair Trade Investigatio n Law, the Unfair Competition Law operates an investigation system for unfair competition practices. It is necessary to compare this wit h the unfair trade practice investigation system of KTC and to study the validity and appropriateness of adding unfair competition practices to the scope of intellectual property infringement, which is the subject of investigation under the Unfair Trade Investigation Law. For this purpose, in this study, first, the investigation system unde r the Unfair Trade Investigation Law and the Unfair Competition La w was comparatively analyzed, and the operation status and current status of each system were investigated and analyzed. Next, by exa mining the current state of the unfair trade practice investigation sy stem and related laws in major overseas countries, we looked at cas es in which unfair competition is included in the target of unfair tr ade investigation abroad. Through this, the feasibility of adding unfa ir competition acts under the Unfair Competition Law to the scope of intellectual property infringement under the Unfair Trade Investig ation Law was legally reviewed, and related considerations were pres ented.

Social media has implications in terms of democratization of information, because whoever owns an account can be a prosumer (producer and consumer) in creating messages such as throughYouTube. In its implementation, there are many violations committed by YouTubers in creating content such as the use of songs and music as YouTube background sounds without permission by the creator or copyright holder. Songs and music are protected works as regulated in Article 40 letter d of Law Number 28 of 2014 concerning Copyright. The government protects copyright internationally through international conventions, including: TRIPs Agreement, Bern Convention, Universal Copy Rights Convention, Rome Concention and also bilateral agreements between countries and nationally through Law No. 28 of 2014 concerning Copyright, in it regulates the protection of moral rights as regulated in Article 5 and economic rights as regulated in Article 8 as exclusive rights. The government's efforts to provide legal protection for Copyright by implementing the provisions of Article 54 of Law Number 28 of 2014 concerning Copyright and implementing regulations regarding royalties, namely Government Regulation Number 56 of 2021 concerning Management of Royalties for Song and Music Copyrights.Keywords :Copyright Protection, Songs, Music.

This study aims to analyze and determine the criteria for intellectual property rights (copyright) as objects of inheritance in civil law and to analyze and determine the status of intellectual property rights (copyright) as objects of inheritance in civil law. Intellectual property rights are material rights, rights to objects originating from the work of the brain, the result of the work of the ratio. The result of the work of reasoning human ratios. The result of his work is in the form of immaterial objects, intangible objects, for example, copyrighted songs. Article 16 paragraph (1) Law no. 28 of 2014 concerning Copyright stipulates that by its nature copyright is an intangible movable object. Immaterial property rights are property rights whose objects are intangible objects (intangible objects). In this case many things can be used as objects of property rights which are included in the scope of incorporeal objects. For example, billing rights, rights arising from the issuance of securities, rental rights and so on. The results of the study concluded that copyright (copy rights) which is part of Intellectual Property Rights has criteria as an object of inheritance, because copyright law determines copyright as an intangible movable object that gives moral rights and economic rights to its creators which are exclusive which can be transferred to his heirs. Copyright (copy rights) which is part of Intellectual Property Rights (IPR) according to civil law has the position of an object of inheritance, because the law of inheritance is regulated in book II of the Civil Code which regulates objects. Inheritance object according to civil law is an object that is the property of someone who died.

Abstract The copyright protectability of outputs generated by, or with the help of Artificial Intelligence (AI) is a hotly debated question in academia and by many institutions. In practice, sophisticated AI algorithms have become a meaningful assistant in the European news industry for the reporting of sports (Retresco’s collaboration with the German Football Association), weather (textOmatic’s collaboration with FOCUS Online) and finance (the Guardian’s ‘Guarbot’). Furthermore, for the first time in copyright history a court in China assessed the validity of a company’s copyright claim over the articles produced by the corporation’s algorithm. The protection with copyright of this ‘robojournalism’ is no longer just a buzzwordy trend. From a technological perspective, robojournalism currently relies on assistive, generative and distributive technologies. The first two seem to be the most problematic from a copyright perspective as they challenge the well-rooted human authorship requirement. Experts have been able to agree so far that it does not look like AI technology is going to be a disruptive force in the media industry. However, researching the impact of AI in journalism matters a great deal. There are numerous benefits stemming from the use of AI in the newsroom – from expanding news coverage, through faster content production, all the way to leaving journalists more time for the more ‘creative’ and investigative tasks where the algorithm remains weak. This paper addresses, first, the protectability of the outputs of robojournalism under the existing European Union copyright laws. It then goes on to introduce findings related to the practical significance of robojournalism in the European news industry. Here, our focus is on the business, media, and communications studies’ perspectives of automated journalism. Our results demonstrate that the extent to which European journalism relies on assistive and generative technologies to produce written output does not justify, from a copyright perspective, the changing of the current anthropocentric copyright system. These findings have wider implications as AI-generated outputs have prompted many to talk about market failure if copyright (or related rights) protection was to be refused for such works.1

A "Pretended Copy Right"?E. A. Kendall and the Writing of Alexander Henry's Travels and Adventures in Canada and the Indian Territories Mark Osborne Humphries (bio) In the fall of 1809, two travel narratives appeared in New York from the press of Isaac Riley. The first, credited to Alexander Henry, was titled Travels and Adventures in Canada and the Indian Territories, between the Years 1760 and 1776, and the second, by Edward Augustus Kendall, was Travels through the Northern Parts of the United States in the Years 1807 and 1808.1 Neither book generated much interest at first, but Kendall created a stir when, a few weeks later, he alleged that Riley had printed both under "pretended copy rights."2 On March 10, 1810, he issued a legal notice addressed to all "booksellers and others, throughout the United States," which read: Whereas Isaac Riley of the city of New York, has printed in three volumes the Travels of Edward Augustus Kendall, Esq through the Northern Parts of the United States in the years 1807 and 1808, and published the said work without the assent, consent or approbation of the said Edward Augustus Kendall, the author thereof, in whom the copy right thereof is legally vested; And whereas, the said Isaac Riley has also printed in one volume, Travels and Adventures in Canada and the Indian Territories, between the years 1760 and 1776, written by Alexander Henry, Esq. and published the same without the assent, consent, or approbation of Edward Augustus Kendall, the proprietor thereof, in whom the copy right is legally vested, Booksellers and others are therefore cautioned, not to sell or in any manner publish either of the said works, or any part or parts of them, or either of them, under the penalties of the act in such case made and provided.3 The matter never reached the courts: Riley soon went bankrupt and Kendall, out of funds, was forced to retreat to Britain as war loomed with the United States. How did an obscure British author, best known (if at all) for [End Page 1] his children's books, come to claim ownership over one of the most famous titles in fur trade history? Did he have a role in its creation? Click for larger view View full resolution Alexander Henry's Travels and Adventures remained in print for decades (including this 1921 edition) and became an important source on the early years of the British fur trade in Michigan and the upper Great Lakes. Source: University of Illinois at Urbana-Champaign/HathiTrust. Travels and Adventures in Canada and the Indian Territories is regarded as one of the most important sources on the early years of the British fur trade in Michigan and the upper Great Lakes.4 When the book was published in 1809, Henry had been retired from the fur trade for thirteen years and was living in Montreal, where he was King's auctioneer.5 It describes his initiation into the business at Albany and Montreal in 1760, his years at Sault Ste. Marie and Michilimackinac, where he partnered with Jean-Baptiste Cadotte, as well as his voyage to the Saskatchewan River in 1775-76.6 The book is best remembered, though, for its vivid portrayal of the capture of Michilimackinac during Pontiac's Rebellion in June 1763, Henry's rescue and "captivity" by an Anishinaabe man named Wawatam, as well as the Englishman's observations on the life and customs of indigenous peoples living in the upper Great Lakes region. But as scholars have noted, Henry's book also presents some problems. Almost all its dates are incorrect and there are many other small errors of fact, such as incorrect names and strengths of British regiments, misstated distances, and issues with chronology.7 More disconcerting are its many omissions and discrepancies.8 At the same time, a comparison of Henry's surviving correspondence and the text of Travels and Adventures reveals stark differences in literary style and [End Page 2] vocabulary.9 Some of these issues can be attributed to the passage of time, while others cannot. As Keith Widder writes: "At the very least, Henry's manuscript underwent serious editing before...

Background and Objectives: In recent years, linear generators have been broadly utilized to harness wave motion energy. There are various types of linear generators with different magnetic and geometric structures. Among these generators, linear permanent magnet synchronous generator provides a higher energy density than other generators. Due to the simplicity of the structure and the low cost of producing a flat double-sided structure, this type of structure is investigated in this paper.Methods: The purpose of the paper can be divided into two main categories: first, modeling of the flat double-sided linear permanent magnet synchronous generator by using magnetic equivalent circuit (MEC) method and second, deriving the generator electrical equations which are used in analysis and design process.Results: The behavior of the linear permanent magnet synchronous generator is studied and the induced voltages are calculated. The no-load and loaded conditions of the generator with different loads are investigated and the voltage and the current of the load are obtained. Conclusion: In order to confirm the results, finite element method (FEM) is employed. The designed linear generator is simulated by FEM. Comparing the results obtained by MEC and FEM show good agreements between two methods, validating the presented modelling method.

Legally Speaking- Combating Copyrights for Artists

This work presents a robust watermarking technique in hybrid domain for the copyright claim of medical images. The scheme is a fusion of three popular transforms: Discrete Wavelet Transform (DWT), Discrete Cosine Transform (DCT) and Singular Value Decomposition (SVD). The input image is first separated into region of interest (ROI) and region of non-interest (RONI). The DWT is applied on RONI to get low and high frequency bands. The low frequency band is then segmented into 4×4 blocks. The Human Visual System (HVS) is applied to select the potential blocks for implanting watermark content. Each 4×4 selected block is further subdivided into four 2×2 carrier matrices. The SVD is applied to each carrier matrix. Finally, the hidden information is implanted by altering the largest diagonal singular values of four 2×2 matrices. The technique is blind, so host image is not needed for the extraction of hidden information. The proposed scheme achieves higher values of imperceptibility as well as robustness. Experimental results reveal that the proposed technique outperforms the techniques currently reported in the literature by achieving higher values of imperceptibility in the form of PSNR with value of 44.0567 decibels (dB) and SSIM value of 0.9800. At the same time it achieves excellent values of robustness with maximum NCC value of 1.000 and minimum BER with value of 0.000.

Introducción. El presente estudio analiza las diferencias estadísticamente significativas existentes en el grado de dominio de la competencia digital, contemplada desde 4 dimensiones y criterios de desempeño (navegación y resolución de problemas; disposiciones legales, derechos de autor y licencias; desarrollo y creación de contenido e interacción y gestión de la identidad digital), existente entre los estudiantes del grupo que participó en un programa de formación online basado en el modelo Affective eLearning+, y aquellos que actuaron de control. El plan formativo evaluado se llevó a cabo durante el desarrollo del proyecto I+D+i denominado Evaluación y desarrollo de dos competencias genéricas en estudiantes de primer año del grado de maestro en educación primaria, que finalizaron algo más de un centenar de estudiantes del Grado de Magisterio de Educación Primaria de las Facultades de Educación de la Universidad de Oviedo, la Universidad de Jaén y en el Centro Universitario SAFA (adscrito a la Universidad de Jaén). Método. Se aplicó un cuestionario de creación propia pretest-postest tanto al grupo experimental como control y se analizaron los resultados con las pruebas estadísticas de Kolmogorov-Smirnov, Levene y t de Student. Resultados. Las diferencias significativas obtenidas tras aplicar el programa entre los grupos experimental y control presentan un balance claramente favorable en 9 de los 13 desempeños competenciales trabajados es decir del 70% de las competencias evaluadas. Discusión. Ello subraya que el modelo Affective eLearnig+ es eficaz para desarrollar competencias profesionales digitales en un clima de bienestar y satisfacción en las personas a las que se aplica. Introduction. This study analyzes the statistically significant differences in the degree of mastery of digital competence, contemplated from 4 dimensions and performance criteria (navigation and resolution of problems, legal provisions, copyrights and licenses, development and creation of content and interaction and management of digital identity), existing among students of the group that participated in an online training program based on the Affective eLearning+ model, and those who acted as control. The training plan evaluated was carried out during the development of the R + D + i project called Evaluation and development of two generic competences in first year students of the grade of teacher in primary education, which ended something more than a hundred of students of the Degree of Teaching of Primary Education of the Faculties of Education of the University of Oviedo, the University of Jaén and in the University Center SAFA (attached to the University of Jaén). Method. A pre-test-posttest self-created questionnaire was applied to both the experimental and control groups and the results were analyzed with the Kolmogorov-Smirnov, Levene and t-Student statistical tests. Results. The significant differences obtained after applying the program between the experimental and control groups present a clearly favorable balance in 9 of the 13 competences performed, that is, 70% of the evaluated competences. Discussion. This emphasizes that the Affective eLearning+ model is effective in developing digital professional skills in a climate of well-being and satisfaction of the people to whom it applies.

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Farsça, Osmanlı eğitim sisteminde XV. yüzyıldan başlayarak XX. yüzyılın ikinci çeyreğine kadar ders olarak okutulmuş bir dildir. XV. yüzyılın başlarından itibaren Farsça, tasavvufi düşüncenin gelişimi ve Mesnevî ’nin anlaşılması amacıyla tekkelerde de ders olarak okutulmuştur. Abdullah Salâhaddîn-i Uşşâkî adıyla da tanınan ve Uşşâkiyye tarikatının üçüncü piri olarak bilinen Salâhî, XVIII. yüzyılda Osmanlılar devrinde yaşamış Halvetî-Uşşâkî şeyhlerindendir. Hem Arapçaya hem de Farsçaya hakimiyeti olan âlim, şair ve şarih bir zattır. Salâhî’nin eski kaynaklarda toplamda bugünkünden daha çok eserinin olduğu söylense de günümüzde 12 adet telif eser, 11 adet şerh ve 8 adet tercümesiyle toplamda 31 adet eserinin olduğu bilinmektedir. Osmanlı Türkçesiyle yazılan Mecma-i fenn-i zerâfet , Salâhî’nin Farsça gramer konusunda kaleme aldığı telif eserlerinden biridir. Eser, erken dönemlerde sözlüklerde açıklanan gramer konularının düzenlenerek bir kitapta toplanması ve Arapça yazılan Farsça gramerlerin de anlaşılmasındaki zorluğun giderilmesi amacıyla Osmanlı Türkçesiyle yazılmıştır. Mecma-i fenn-i zerâfet adlı eserde müellifin istifade ettiğini söylediği kaynaklar, kütüphanelerdeki kataloglarda farklı adlarla kaydedilmiş ve eserlerle ilgili bilgiler eksik verilmiştir. Bu makalede, Farsçanın tarihi seyri konusunda kısa bir bilgiden sonra hem Salâhî’nin Mecma-i fenn-i zerâfet adlı eser hem de istifade ettiğini söylediği Kavâid-i Fürs ile Mefâtîh-i deriyye adlı eserlerle ilgili bilgiler verilmiş ve Mecma-i fenn-i zerâfet adlı eser tanıtılmıştır.

Background and Objectives: Architectural education as a challengeable subject is dependent on multiple variables. Since formation of an architect character and learning design abilities are related to this subject, it is so sensitive. Historically, the role of mathematics and application of its different aspects in architectural design is indisputable. While recent decades have witnessed a high level of interaction between mathematics and architecture in the world, mathematics in architectural education in Iran is still being taught as a basic course through the lecture method. A great concern in learning architectural design is how to apply the basic courses in design process. Methods: According to the necessity of revising the role of mathematics in education of architectural design, and developing new approaches to apply mathematical thought in logical process of design, the present study aims to test an educational model in an environment consisting of test and control groups in the Basic Design 1 & 2 courses, using the proposed model of Lawson as well as quasi-experimental research method. The research subjects are selected among BA students of Islamic Azad University of Urmia (n=52). They provided logical solutions for design problems, using algebraic, arithmetic, geometric and symbolic aspects of mathematics. The subjects’ design abilities were evaluated by the performance measurement method based on verdict criteria. The researchers determined two groups of mathematical and architectural design measurement criteria. For design, the criteria included design conceptual quality, spatial and functional arrangement, form combination, presentation quality, creativity and final grade. Findings: The final grades of four research projects executed in two studios were respectively for design 62.57,66.29, 71.30, 75.31 and for mathematics 64.99, 69.27, 71.72 and 74.9. The correlation between design and mathematics evaluation scores for project 1 of the studio 1 (ƿ=0.594) and project 2 of the studio 2 (ƿ=0.604) is independently obvious which indicates the strong combination between mathematics and design aspects in these projects. For the project 2 of the studio 1, the correlation was low (ƿ= 0.166). The possible explanation could be based on the lack of real materials application and the experiment of altering theory analysis to practical analysis. The correlation between design evaluation scores and mathematics application (ƿ=0.384) reveals a positive role for mathematical thought in developing logical solutions and general quality of design. Conclusion: Findings of this study directly refers to the correspondence between research assumptions and the verdict criteria. The findings indicate that students’ performance in test group is better than the students in control group in all criteria except the presentation. The best performance by subjects of the test group means that their ability in creating solution concept has much improved compared with the control group as a result of manipulating the independent variable which is the education method in this study. This improvement couldn’t be related to other unrelated independent variables, because these variables have been either controlled or their effect has been studied through the pre-test. Stated on the findings in analyzing the general quality of design, students provided complicated geometric patterns in their design as logical, creative and efficient solutions through realizing their mathematical principles. Acquiring and developing the design schema based on design problems in the Basic design studios results the improvement of the students’ ability in logical aspects of design. ===================================================================================== COPYRIGHTS ©2020 The author(s). This is an open access article distributed under the terms of the Creative Commons Attribution (CC BY 4.0), which permits unrestricted use, distribution, and reproduction in any medium, as long as the original authors and source are cited. No permission is required from the authors or the publishers. =====================================================================================

Limitations on Copyrights Based on Freedom of Expression and Information

A Study on the Extended Fair Use of Copyrighted Digital Contents