Independent Creation Research Articles

Independent Creation in a World of AI

Scholars have long debated whether the outputs of AI systems should be subject to copyright. On the one hand, the automated nature of many AI systems may make copyright unnecessary as an incentive for the creation of those AI systems’ outputs, in which case society would be better off withholding copyright protections from them. On the other hand, those outputs often exhibit sufficient creativity to merit copyright protection, and without copyright, parties that use AI systems to create such outputs may lack the necessary incentives to do so. In this Essay, prepared as part of the Florida International University Law Review's symposium on intelligent entertainment, I argue that copyright law’s independent creation defense, as well as the widespread availability of AI systems for helping authors in their creative efforts, help address some of the concerns embedded in these debates. Historically, the independent creation defense has rarely applied, simply because independent creation of similar expression is highly unusual. But as this Essay explores, AI increases the likelihood of multiple parties creating similar expression independently, meaning that the defense can help defuse worries that applying copyright to AI outputs will result in a copyright quagmire. Furthermore, the availability of AI systems for assisting authors in their creative efforts means that authors have tools for more readily creating unique works that avoid many of the remaining copyright landmines. Other copyright issues linger, however, and the last part of this Essay examines some of these concerns in brief. In particular, parties may wish to use specific AI outputs in their own creative efforts, and neither the independent creation defense nor the availability of AI tools for creating something unique help address this problem. Copyright law’s fair use defense may, however, and the Essay concludes by briefly examining how.

,,,The AI Author in Litigation

Many scholars have posited whether a computer possessing Artificial Intelligence (AI) could be considered an author as defined per the Copyright Act of 1976. What was once a thought experiment is now becoming reality. To date, scholarship has focused primarily been on whether an AI meets the requirements of authorship from a purely objective legal framework or whether an AI could be an author based on the doctrines of incentives, independent creation, and creativity. . However, a burden inherent in the rights and liabilities of authorship is the ability to be held liable if that author’s expressive work is infringing on another’s. A cause of action is meaningless if a copyright owner cannot enforce it by suing the infringer or if the infringer is judgement-proof. Thus, when contemplating whether an emancipated AI—or any non-human—can be an author under the Copyright Act, part of that examination should be whether the AI which created the work can sue or be sued for infringement. . This article considers issues from the theoretical, like civil procedure and remedies, to the practical, such as legal representation and discovery. How is an AI served with a lawsuit? What would be an adequate, enforceable remedy for an AI’s infringement? Is an AI even bound by our laws? Additional questions—and procedural barriers—are raised when considering other roles an AI might play in an infringement action: as a witness, a co-party, or even a plaintiff seeking to protect its own creative expression. . This morass of legal headaches goes beyond any doctrinal issues regarding authorship, and provide ample reason to keep legal authorship in the hands of humans or entities controlled by humans—at least until legal procedure catches up to technological realities and possibilities for litigation that AI parties present.

Comparative analysis of the development of innovative network companies in Ukraine and Poland

The level of development of the network companies functioning at national and international markets shows their capacity to create highly efficient products (services) from the viewpoint of technologies, consumer properties, and market requirements that would secure their competitive positions and financial and economic condition, and improve the innovativeness of the country. The integration with international markets and innovative development for the network structures depends on the development level of organizational, communicational, scientific-technological, and economic characteristics of the activity. Currently, Ukrainian innovative network structures do not lag behind the foreign ones by certain aspects and development directions. Therefore, finding the comparative characteristics of the development of Ukrainian and foreign innovative network companies will contribute to estimating the capacity by the nature of the strengths and weaknesses of these entities. The article systematizes the strengths and weaknesses (problems) of innovative development in the network interaction of participants of Ukrainian and Polish innovative network companies. The article proves that in comparison with the Polish ones, the Ukrainian network structures have a lower level of communication exchange of knowledge, development of interaction between the personnel of the participants, the management of the participants at all levels; less access to scientific laboratories for all network participants due to imperfect guidelines in the use of equipment; insufficient level of joint financing of costs for staffing and training of staff and coordination between members of the networks on cooperation with contractors, which affects the growth of technical and economic indicators. The article reveals that in comparison with Ukrainian innovation networks, Polish companies do not carry out projects for independent creation of intangible assets (technologies, programs), they just adapt the acquired ones. This aspect is a significant advantage of Ukrainian network structures that indicates a higher intellectualization and further prospects.

Using Reading to Learn for EFL students’ reading of explanations

Abstract Reading to Learn (R2L) is an instructional approach that leads students from aided to independent creation of meaning in reading and writing. The approach uses whole texts as the point of departure for instruction. This case study explored how R2L promoted ninth graders’ comprehension of explanation texts in EFL during six lessons and students’ perceptions about R2L. The study involved a group of ninth graders from a secondary state school in Colombia whose results in national standardized tests had been traditionally low, particularly in EFL reading. Results revealed that students became better readers of explanation texts and perceived R2L as a useful approach to develop their ability to understand written texts in EFL. The study highlights the benefits of R2L for enhancing L2 students’ meaning-making potential.

Public health and evidence-informed policy-making: The case of a commonly used herbicide.

Public health and evidence-informed policy-making: The case of a commonly used herbicide.

Обучение школьников аналитической текстовой деятельности для формирования у них умений создавать собственные тексты

The article, based on data from a survey conducted among primary school teachers and language teachers, analyzes the problem of ensuring continuity in teaching analytical textual activity of schoolchildren. Mastering the skills of analytical work with text by schoolchildren is considered as the most important condition for their ability to create their own texts. The author suggests approaches to the content of text-based learning, characterizes the stages of organizing the work of a teacher in developing the skills of independent creation of written statements by younger
 schoolchildren.

FORMATION OF COMPLETE REFLEX CONSTRUCTIONS OF FUTURE PEDAGOGUE IN THE EDUCATIONAL ENVIRONMENT OF HIGHER EDUCATION

The article substantiates the relevance and expediency of the implementation of reflexively oriented education of a future teacher in a modern institution of higher education. The essence of reflexive constructs of the future teacher as unity of reflexive competence and reflexively deterministic constructs is revealed. The reflexive competence of the future teacher is defined as professional-personal metaquality and is represented in two planes: 1) as an independent construct; 2) as a determinant, which determines the development of reflexively saturated constructs. In the context of reflexive determination, the motivational, semantic and subjective fields of personality are presented. The directions of the process of transformation of components of reflexive competence, as well as motives, meanings, professional subjectivity in the plane of their reflexive determination are revealed. The phenomenon of the educational environment of the institution of higher education is analyzed and attention is focused on its reflexive orientation. The logic and peculiarities of the formation of reflexive constructs of the future teacher in accordance with the phases of the environment (adaptation to the environment, the active reproduction of the environment by students, the active influence of students on the environment and the independent creation of the environment) are highlighted.

Intellectual Property, Independent Creation, and the Lockean Commons

Copyrights and patents are differently-structured intellectual property rights in different kinds of entities. Nonetheless, they are widely regarded by U.S. scholars as having the same theoretical underpinnings. Though scholars have sought to connect philosophical theories of property to intellectual property, with a particular interest in the labor theory of John Locke, these explorations have not sufficiently probed copyrights’ and patents’ doctrinal differences or their philosophical implications for the theories explored. This Article argues that a defining difference between copyrights and patents has normative significance for the framework of Lockean property theory: namely, that copyright law treats independent creation as a complete defense to claims of infringement while patent law does not. This distinction entails that the two legal systems differ in their effects on the “intellectual commons”, or what exactly they give to rights-holders and take away from the rest of the world. It also entails that Seana Shiffrin’s seminal challenge to Lockean theories of intellectual property—arguably the most significant philosophical exploration of intellectual property so far, but which fails to distinguish between these two areas of law—is a success as to patents but not as to copyrights. Disentangling this and other distinctions in copyrights and patents within the Lockean framework, as well as between tangible and intellectual property generally, this Article outlines a number of possible implications for intellectual property doctrine. Specifically, it identifies revisionary implications for copyright required by the Lockean framework in order to better protect the intellectual commons, as well as for the copyright/patent division of labor if the two legal systems have distinct theoretical grounds. The Article thereby uses the Lockean framework to call attention to intellectual property’s underexplored philosophical complexity, as well as its doctrinal stakes, so that we begin considering it more carefully than it has yet been.

Specificity of editorial and publishing training of electronic textbooks for the New Ukrainian School

The article is based on the analysis of ten electronic textbooks for the first grade of the New Ukrainian Schools. It was put to the competition by the publishers and presented in the electronic library of the Institute for the Modernization of the Content of Education (four textbooks «I am exploring the world», three textbooks in art, two electronic and one electronic textbook, textbook «Ukrainian Language. ABC Book. Parts 1 and 2») two models of the editorial and publishing preparation of projects of multimedia interactive electronic textbooks are defined and described. The first is «outsourcing model» which means involvement a technology company or multimedia publishing house in the creating of electronic textbooks. The second is «standalone model» which means independent creation of multimedia electronic textbooks by specialists of traditional publishing who use the specialized third-party software. It’s concluded that the market for interactive multimedia electronic textbooks can develop in several directions: more publishers of printed textbooks enter the market (in case if technological platforms that are available for Ukrainian publishers on the criterion «price – quality» and software for interactive programming will be provided) or filling of the niche of this market by tech companies and digital multimedia publishers (the main example is multimedia publishing house «Розумники» («A Clever Ones»)).

Understanding Sound Tracks Through Film Theory by Elsie Walker, and: Sound: Dialogue, Music, and Effects ed. by Kathryn Kalinak

Understanding Sound Tracks Through Film Theory by Elsie Walker, and: Sound: Dialogue, Music, and Effects ed. by Kathryn Kalinak Nick Poulakis Elsie Walker Understanding Sound Tracks Through Film Theory. Oxford University Press, 2015. 448 pages; $37.55 paperback; $99.00 hardcover; $33.20 kindle. Kathryn Kalinak, editor Sound: Dialogue, Music, and Effects Rutgers University Press, 2015. 224 pages; $26.95 paperback; $80.00 hardcover; $26.95 epub/pdf. Cinema has always been considered a modern spectacle of vision. But, although film substance consists of both sound and images, it is a fact that the aural dimensions of this audiovisual medium have been regularly disregarded in academic and journalistic reviews. On the other side, there have also been certain works that deal with the so-called “film musicology,” which tend to employ extremely specialized music-centred examples, comparisons and terminology that are mainly accessible only to a small number of musicology experts. Today, scholars wonder if there is an alternative: to put it simply, how can we apply cultural theories to film music and sound in order to better appreciate and explain films? Elsie Walker’s brand-new book Understanding Sound Tracks Through Film Theory tries to answer these fundamental questions in a methodical way. It applies to film music and sound analysis five of the most common critical theories used in film studies, in particular genre studies, postcolonialism, feminism, psychoanalysis, and queer theory. This monograph draws attention by means of a rigorous examination of films to the [End Page 30] capacity of both music and sound to reveal diverse filmic meanings, uncovering not only the “unheard melodies” (as earlier scholars of this field would put it) but also the “unseen images” of cinema. Currently serving as an Associate Professor of Film Studies at Salisbury University (Maryland), Elsie Walker has considerable experience in theoretical and educational approaches to film in three different countries: New Zealand, England and the USA. Through her published work, she has also contributed greatly to recent film and sound scholarship. Understanding Sound Tracks Through Film Theory is the outcome of five years of research on how to attentively bringing together film and music/sound studies with critical conceptions of literature and culture. Practically, this multifaceted perspective yields a book that is adequately accessible to a great range of students, tutors and other audiences, whether expert or non-expert in this domain. The book has an instantly identifiable structure. It is divided into five general parts, each of which is motivated by one of the main theories mentioned above. These parts consist of three individual chapters apiece: the first contains a transparent theoretical preview of the subject matter, whereas the others focus, respectively, on two case studies of film and music/sound analyses. There is also a comprehensive introduction in which the film Brokeback Mountain (2005), directed by Ang Lee, music by Gustavo Santaolalla, operates as an opening case study, and a coda that sums up and, what is more, reassigns the book’s major outlines to a very recent production: Gravity (2013), directed by Alfonso Cuarón with music by Steven Price. The book also includes a glossary of terms, an index, as well as a list of films quoted and analyzed. The bibliography cited in the text is placed at the end of each part, thus framing almost autonomous sections of this engaging book. The first part of Understanding Sound Tracks Through Film Theory starts with Rick Altman’s input concerning joint sound and genre theories of film. After that, Walker continues with the analysis of two westerns, The Searchers (1956), directed by John Ford, music by Max Steiner and Dead Man (1995), directed by Jim Jarmusch, music by Neil Young, from the perspective of the semantic and the syntactic components of this particular genre. The first one is a mainstream film of an earlier period, the second a present-day independent creation. While these offer two totally different kinds of soundtracks, they make the author’s scholar analyses more productive. The second part of the book is titled “Postcolonialism” and it begins with a brief prelude by Robert Stam and Louise Spence on colonialism, racism and representation. Based on the above mentioned theoretical perspective and...

Insight for Future Environment Design Inspired by Lao and Zhuang’s Philosophy

China’s interior design lags far behind the situation, and China’s interior design was born late. In the early 1980s, with the reform of opening up, a large number of domestic star hotels were built. Luxurious, cumbersome and mechanically applied projects not only wasted money, but were also obsolete. With the increasingly close economic and cultural exchanges among different countries, the environment design of our country is naturally affected. Additionally, the turn of the 20th century to the 21st century is a turning point for environment design in our country. What kind of turning point is it? We are getting rid of the initial stages of plagiarism and gradually embarking on the road of independent creation. So how will the environment design in China develop? Perhaps the answer lies in the national culture that we have always neglected. Fast pace, high-frequency and full load, under such an increasingly busy situation, people are more yearning for a natural and comfortable home environment. They are eager to relax completely and adjust their transformation spirit with simplicity and purity. Our excellent traditional culture seems to focus more on the harmony between man and nature than western civilization. Therefore, based on the aesthetic ideas in Lao and Zhuang’s philosophy, this article explores the concept of space in the context of traditional Chinese culture - the gorgeous and minimal rhyme-to seek future environment design ideas.

Swedish Supreme Court holds that painting based on prior photograph is new and an independent creation

Swedish Supreme Court holds that painting based on prior photograph is new and an independent creation

Foreign and Domestic Policy of Ukraine at the Present Stage

In article internal political development of Ukraine which happened for more than quarter of the century of modern history is investigated and also the main directions of foreign policy of the country are analyzed. For the period which has passed from the moment of the collapse of the USSR in 1991 political development of Ukraine was followed by the conflicts, cardinal changes of the constitution. Bitter struggle went between executive and legislative branches of the power which sought to strengthen the positions due to redistribution of powers. Besides, heated debates went between supporters of the unitary device of Ukraine and adherents of federalization. The last saw a guarantee of maintaining territorial integrity of the country and a way of achievement of political stability in transition to the federal beginnings. This problem was especially relevant for the Ukrainian state which owing to historical development and formation of the modern territory, has inherited interregional contradictions. It was especially accurately shown during the periods of political events of 2004 and 2014, having fully reflected the available problems connected with fight of regional elite. Despite political shocks, the Ukrainian elite of the western and east regions supported unitary development of Ukraine, seeing in it a possibility of receiving complete control over the state institutes and financial flows. Ignoring of opportunities of the federal device was shown in 2014 when tough rejection of the radical nationalist parties which have carried out a coup in Kiev has caused a wave of protest performances in southeast regions. The subsequent political struggle between Kiev and regions of the East of Ukraine has developed into armed conflict. However, despite it, the official Ukrainian authorities haven't changed the negative attitude to a possibility of federalization of the state. It is difficult and contradictory the foreign policy of Ukraine which generally carried a westernized course was formed. Despite the short periods of rapprochement with Russia that strengthened criticism from opposition forces, the Ukrainian power adhered to a pro-European course, considering him as a guarantee of independent development and creation of a counterbalance of Russia. Similar approach has affected foreign policy priorities of Ukraine which expanded cooperation with the countries taking a hard line in relation to Russia. Finally, strengthening of the anti-Russian rhetoric from official Kiev has led to cooling of the Russian-Ukrainian relations which have ceased to have character of strategic partnership, and then and has led to tough opposition of two countries. In recent years the attention of the Ukrainian policy is directed to strengthening of the relations with the European countries. This vector has amplified after change of the power in Ukraine in 2014 when the Ukrainian authorities have headed for expansion of cooperation with the EU, of the USA and began to make efforts for rapprochement with NATO.

ESSENTIAL CHARACTERISTIC OF THE ENVIRONMENTAL APPROACH TO MODERN HIGHER EDUCATION

In the given article the phenomenon of a scientific approach is actualized and illuminated. It shows its two-level structure. An environmental approach is revealed in two aspects: 1) as a theoretical concept that determines the strategic direction of modern higher education and is based on certain principles; 2) as a dynamic phenomenon associated with the process of environmental formation. It is proved that the environmental approach is synthetic in its nature, which integrates the ideas of such modern scientific approaches, such as: systemic, personally oriented, competence, culturological. Thus each scientific approach is implemented in a particular environment. The main concepts of the environmental approach are considered, namely: "environment", "educational environment". Principles specifying the position of the environmental approach (expediency of the environment for a person, consistency of personality and environment, personalization of the environment) are presented. The signs of the environment are highlighted: the absence of fixed frameworks in time and space; impact on all feelings at the same time; providing not only the main, but also secondary information; contains more information than we can recycle; perceived in connection with the activity; simultaneous existence in several environments; similarity of reality environment. Different models of the educational environment (ecological-personal, communicative- orientated, anthropological-psychological) are represented. The logic of the process of environmental formation, presented by the phase of adaptation to the educational environment, is revealed. The phase of active reproduction by the student of the educational environment, the phase of influence on the environment, as well as its independent creation are considered. Priorities of the environmental approach to higher education have been proven: 1) it allows to obtain the result by natural means in the process of changing the environment, which becomes not only a condition, but also a means of vocational education; 2) a favorable environment allows to implement other scientific approaches more fully; 3) the environmental approach shifts the emphasis from the interaction between the teacher and the student, on the interaction of the latter with the educational environment. Complexity and multidimensionality of the phenomenon of study are given; further scientific research requires the question of the forms and methods of environmental formation.

Matematyczna aktywność badawcza uczniów klas początkowych. Między koncepcjami naukowymi i potocznymi

Conditions stimulating an independent creation and formulation of regularities require particular cognitive scenarios. In the early grades, students have the opportunity to develop this all-compassing intellectual ability mostly due to the specially designed educational and explorative conditions. The paper is an attempt to present a common understanding of mathematical analysis done by the students in the early grades and offers an alternative way of perceiving sush inquiries during the class.

농촌 지역사회개발의 학습단계와 주민역량강화 -자립형 농촌공동체 만들기 사업을 중심으로-

농촌 지역사회개발의 학습단계와 주민역량강화 -자립형 농촌공동체 만들기 사업을 중심으로-

Life insurance as an alternative source of meeting the needs of the population

In the article, the main quality of life indicators of the population is being analysed. The positioning of Ukraine in the world on the basis of social development index is discovered. On the basis of the analysis of the current state of affairs and the paces of growth of the minimum salary, averagmonthly salary and the average monthly pension, the inability of the state to provide the necessary level of life of the population is proved. On the basis of the Kaitz index, the inconsistency of level of salary in Ukraine with the European and international standards is defined. The necessity of independent creation of financial resources by citizens, which, in the future, will guarantee an adequate level of life due to the ability to fulfil the needs of a higher level in accordance with the Maslow's hierarchy of needs is argued. The arguments of the expediency of application of life insurance for the formation of self-sufficiency resources are adduced.

An application of value-based DEA to identify the best practices in primary health care

In 2005, a new phase for primary health care (PHC) in Portugal began, leading to the voluntary and independent creation of Family Health Units. The impact of this reform is now being witnessed, which justifies the need to evaluate its results as far as best practices in PHC are concerned. This work uses a value-based data envelopment analysis (DEA) method, which combines an additive DEA model with multi-criteria decision analysis concepts, to allow incorporating managerial preferences in the performance assessment of 12 health centres in a Portuguese region. Two models are presented for evaluating access to PHC, which resulted from discussions with a group of decision makers. This analysis helped the decision makers in the identification of best practices, sources of inefficiency and gaps relatively to the best practices, thus leading to shape opportunities for improvement.

POLITY ACROSS THE POND: DEMOCRACY, REPUBLIC AND EMPIRE IN PHAEDRUS <em>FABLES</em> 1.2

Throughout his allegedly biographical prologues and epilogues, Phaedrus represents his work as developing gradually from submissive translation of Aesop to independent literary creation. While scholars usually take this progression at face value, closer scrutiny reveals that Phaedrus modifies Aesopic material to serve his own ends long before he overtly asserts his poetic autonomy. In poem 1.2, Phaedrus adapts a fable about Athenian democracy for uniquely Roman audiences, engaging allusively with Cicero's De Re Publica. At the same time, he adjusts Cicero's ideas about political change in the Republic to fit realities of life in the Empire. Poem 1.2 also functions programmatically by establishing Cynic-Stoic resignation as a major theme for the rest of the fable collection.

PHENOMENON OF EDUCATION TRANSITIVE SOCIETY

This article analyzes the main approaches to the concept of transitive society. Describes the term "transitivity" as a social phenomenon. There are basic characteristics of transitive society. Phenomenal emphasized education as a phenomenon of social life in the transitive period. Fundamentally changed the status of the knowledge, its production and consumption. Today, the task of education is to expand educational possibilities of man, equip it with the latest methodology of development of the world and acquiring new knowledge, enhance its competencies in professional activities. The new society must meet the new paradigm of education. First, knowledge must be accessible to all, that it should be shared, fundamental, technical information and practical. Second, the ability to be cultivated modeling abstraction and generalization as the necessary basis ability to recognize and analyze problems beyond their own specialization. Thirdly, the classic formula "know", "know how" should be supplemented formula "know where". It is necessary to promote and expand methodological and especially business skills (perhaps using role playing games). Fourth, it must be established concept of flexible methods of education, as well as further education has advanced beyond the existing concept of lifelong learning and continuous re-training, self-study; distance education, which is a form of continuing education. The new paradigm of education in the transitive society should be based on the principles of creative learning in higher education. This form of training allows for "personal approach" individually-oriented work with the student teacher. The basis is taken the task of ability for independent creation of new knowledge, ways of action. Shaping the capacity for communication and innovation, intangible motivation and the desire for self-education acts as a universal civilization progressive resource development.