Copyright Problems Research Articles

Problems of occurrence, termination and protection copyright for drafts of official documents

The authors consider the peculiarities of the legal regime of official documents and their drafts. The article proposes the concept of a work as an object of copyright, highlights the features of the work. The authors substantiate the reasons for the lack of legal protection in relation to information messages, works of folk art, official documents, state symbols and signs. Based on the study of legal doctrine and judicial practice, the authors identify the legal regimes of draft official documents, determine the conditions for the lawful use of such projects. The authors conclude that in the case of sending a draft official document to the authorized body, the object is doubled from the moment the project begins to be used. After the adoption of an official document by the authorized body, such a document is excluded from legal protection and is not recognized as an object of copyright. The authors note that the withdrawal of official documents from legal protection does not exclude the possibility of creating protected works on their basis, in particular, composite, derivative works (collections, translations, etc.), for which an independent copyright of compilers, translators and other persons arises.

Piracy as a Violation of the Ethics of the Informatics Engineering Profession

The development of information technology is high-speed. The high price of original software makes people tend to use pirated products. Viewed from the ethical side of the information technology profession, piracy is inappropriate because it violates the inventor's intellectual property rights. This article is the result of thinking to analyze the extent of software piracy. Copyright problems in software, software piracy terms, causes of software piracy, the role of software, and solutions to overcome software piracy cases. Be able to know about software copyright. As a result of this research, we can find out where the crucial points violate software piracy, the motives that exist in the case of software piracy, and the role that exists in terms of software.

Problems of copyright for the products created by artificial intelligence

The article discusses current problems of authorship of intellectual products created by artificial intelligence, as well as the concept and legal personality (quasi-subjectivity) of artificial intelligence. The relevant provisions of the Civil Code of the Russian Federation (Articles 1225, 1228, etc.) and the practice of their application are analyzed using general and specific scientific methods – analysis, synthesis, analogy, formal legal, comparative legal methods, interpretation of legal norms, etc. Based on a study of legal literature and current regulations, the author analyzes the concept of legal personality (quasi-subjectivity) of artificial intelligence. It is shown that copyright for the products created by artificial intelligence has not yet been legally regulated. It is concluded that currently such a product does not fall under the criteria defined by Article 1228 of the Civil Code of the Russian Federation, and is not anyone’s intellectual property; thus, it is not subject to legal protection. For the purposes of legal regulation, the author proposes his own definition of authorship in relation to a product of intellectual creativity. Considering the rapid development of information technologies, the legal personality (quasi-subjectivity) of artificial intelligence needs scientific understanding. In the future, a legal definition of artificial intelligence should be adopted and corresponding copyrights should be regulated.

Biomedical retractions due to misconduct in Europe: characterization and trends in the last 20 years

The aim was to describe biomedical retractions and analyse those retracted in 2000–2021 due to research misconduct among authors affiliated with European institutions. A cross-sectional study was conducted, using Retraction Watch database, Journal Citation Reports and PubMed as data sources. Biomedical original papers, reviews, case reports and letters with at least one author affiliated with an European institution retracted between 01/01/2000 and 30/06/2021 were included. We characterized rates over time and conducted an analysis on the 4 countries with the highest number of retractions: Germany, United Kingdom, Italy and Spain. 2069 publications were identified. Retraction rates increased from 10.7 to 44.8 per 100,000 publications between 2000 and 2020. Research misconduct accounted for most retractions (66.8%). The reasons for misconduct-related retractions shifted over time, ranging from problems of copyright and authorship in 2000 (2.5 per 100,000 publications) to duplication in 2020 (8.6 per 100,000 publications). In 2020, the main reason was fabrication and falsification in the United Kingdom (6.2 per 100,000 publications) and duplication in Spain (13.2 per 100,000 publications).Retractions of papers by authors affiliated with European institutions are increasing and are primarily due to research misconduct. The type of misconduct has changed over time and differ between European countries.

인공지능 창작 문예물의 저작권 문제에 관한 고찰 -저자와 저작물의 법적 보호 가능성을 중심으로

인공지능 창작 문예물의 저작권 문제에 관한 고찰 -저자와 저작물의 법적 보호 가능성을 중심으로

The Effect of GPT Chat on Indonesian and Italian National Security

The features contained in ChatGPT are centered on providing conversations. One of ChatGPT's capabilities is that it can imitate real-life conversations because its learning is further supervised and uses a perfect language model, so its coverage differs from other smart technologies. ChatGPT has a way of expanding its functions and features, namely with plugins that can provide services to users so that this system can maximize applications. With other plugins, ChatGPT can access and control these third-party services. ChatGPT's biggest weakness is that it sometimes produces text that when read sounds correct but is incorrect information. ChatGPT also does not provide clear references, resulting in copyright problems. Therefore, ChatGPT has been banned by several countries due to copyright issues. The Italian government immediately blocked ChatGPT because there were no special regulations regarding this application. Meanwhile, the Indonesian government has not yet responded to the ChatGPT problem. The two countries have different views regarding ChatGPT, especially regarding national security.

Research on the Copyright Problem of Literary Role

Research on the Copyright Problem of Literary Role

Discussion on the Legal Boundary of "Second Creation" Video

At present, China's "second creation" short video market is hot, but there is a lack of mature management mechanism, and the copyright problem is prominent. The article utilizes the literature method and combines the provisions of the new Copyright Law to explore the infringement characteristics and infringement boundaries of "second creation" short videos. The study finds that the infringement of "second creation" short videos has the characteristics of citing works without attribution, making profits without authorization from the copyright holder, and citing other people's works in an inappropriate proportion, etc. The boundaries between the infringement and piracy lie in the question of whether they are original or not, and whether they make reasonable use of other works. Clarifying the infringement boundary of "second creation" short videos and analyzing their infringing features will help to better distinguish whether "second creation" is infringing, and to find out the position of "second creation" in the audiovisual development, so as to maintain a favorable environment for original production.

Copyright as Credit Collateral in Legal Perspective: Evidence from Indonesia

Objective: There are two main points in this legal research: (1) to analyze the legal problem of copyright as credit collateral in Indonesia (2) and to compare copyright law arrangement in South Korea. Method: This study uses normative legal research. The legal documents used are South Korean and Indonesian copyright laws and regulations. Utilizing techniques from literature studies, the procedure of gathering legal materials is carried out. Results: There are still issues with the regulation and application of the law in Indonesia, particularly in relation to the issue of valuation and appraisal for the liquidation of intellectual property law (hereafter referred to Indonesia language as HKI) because there isn't a secondary market, the legal infrastructure mechanism for executing HKI is unclear. Conclusions: In contrast to Indonesia, South Korea itself has rules and regulations for copyright assessment that have been supported by the South Korean Government, such as having a special panel of judges that exclusively handles HKI disputes, copyright collection agencies in South Korea have trusteeship agreement with copyright holders so that their copyrights are transferred to copyright collection agencies as trust property. This legal problem occurs because the implementation of regulations in Indonesia still overlaps, so that the implementing rules are still not optimal.

The Creative Paradox of AI: Enabler or Disruptor of Human Imagination?

The use of artificial intelligence (AI) in communication and its effects on the market for creative jobs are covered in this article. While AI-generated pictures offer numerous advantages, such as efficiency and flexibility, the article emphasizes that they can have ethical consequences, such as deceit, stereotyping, illicit data usage, and intellectual property infringement. The essay goes into further detail on the problems of copyright, artistic credit, and imitation when using AI to create artwork. The dispute over whether robots can actually produce works of art or can only imitate human creativity is also discussed in the essay, raising concerns about the very nature of creativity. The paper concludes by highlighting the significance of analyzing the ethical implications of emerging technology.

Research on the practice and exploration progress of data journals

With the booming trend of data publishing, data journals have carried out much extensive practice for the exploration of open data sharing. This study focuses on the publishing practice of data journals, which took representative, relatively mature and different disciplinary scopes of data journals as the research objects. The publishing volume and proportion of data papers in data journals are calculated. Based on the author's practical experience in data publishing for several years, this study explores the formulation rules and implementation of data publishing policies. The study results show that data journals generally have well-developed regulations on data use license, data storage and permanent identifier, associated access from paper to data, data review, standardized data citation, but with few practical cases of data update and less attention paid to the problem of data security and data copyright. To facilitate the further development of data journals, we proposed in this study that more operational and reference details of data publishing should be considered in the practice of data publishing in journals.

The Copyright Problem with Emerging Generative AI

The Copyright Problem with Emerging Generative AI

A robust zero-watermarking scheme based on non-negative matrix factorization for audio protection

The copyright problem of digital products is becoming more and more prominent. In this case, digital watermarking technology has attracted the attention of many experts and scholars in the field of information security. Among the proposed technologies, zero-watermarking technology has been favored greatly with its excellent imperceptibility. In this paper, a novel robust audio zero-watermarking scheme is designed by applying non-negative matrix decomposition algorithm to zero-watermarking technology. Firstly, the proposed scheme divides the input audio signal into fixed frames, then applies fast Fourier transform(FFT) and non-negative matrix factorization(NMF) algorithm to extract the feature vector of the original audio signal. Finally, XOR the feature vector and the digital watermark sequence to achieve the embedding of zero-watermarking. The experimental results show that the proposed scheme performs more effectively in resisting common and frame-desynchronization attacks than the existing zero-watermarking schemes.

Introduction

Introduction

Predictive Distillation Method of Anchor-Free Object Detection Model for Continual Learning

Continual learning (CL) is becoming increasingly important, not only for storage space because of the ever-increasing amount of data being generated, but also for associated copyright problems. In this study, we propose ground truth’ (GT’), which is a combination of ground truth (GT) and a prediction of the teacher model that distills the prediction results of the previously trained model, called the teacher model, by applying the knowledge distillation (KD) technique to an anchor-free object detection model. Among all the objects predicted by the teacher model, an object for which the prediction score is higher than the threshold value is distilled into the current trained model, called the student model. To avoid interference with new class learning, the IoU is obtained between every object of the GT and the predicted objects. Through the continual learning scenario, even if the reuse of past data is limited, if new data are sufficient, the proposed model minimizes catastrophic forgetting problems and enables learning for newly added classes. The proposed model was learned in PascalVOC 2007 + 2012 and tested in PascalVOC2007, with better results of 9.6% p mAP and 13.7% p F1i shown in the scenario 19 + 1. The result in scenario 15 + 5 showed better results than the compared algorithm, with 1.6% p mAP and 0.9% p F1i. The scenario 10 + 10 also outperformed the other alternatives, with 0.9% p mAP and 0.6% p F1i.

Art of the work as an object of copyright

The issue of interpretation of the art of works is one of the main theoretical and applied problems of copyright, because without a clear understanding of this category at the level of research consciousness, it is hardly possible to talk about a comprehensive study of relevant objects. Therefore, the purpose of the article is to analyze the art of the work and its criteria, as well as to clarify the role of the studied category to provide legal protection for the work. Despite the large number of works devoted to the study of various aspects of the work, it should be noted that in the legal literature has not formed a single comprehensive understanding of the category of art of the work and its characteristics.
 The optimal methodological basis for the study is a set of philosophical and ideological approaches to the study of the category of art, general and special legal methods. Thus, the methods of analysis, synthesis, deduction, induction, structural-functional, terminological, hermeneutic-legal and formal-legal methods are used.
 The article examines the content and essence of the concept of the work of art as an object of copyright. Emphasis is placed on the importance of researching this concept not only in the light of art, cultural and philosophical fields of knowledge, but also in terms of copyright and protection of its objects. The author conducted a thorough analysis of the category of art of the work; оn the basis of norms of the legislation in the article the basic kinds of works of art are allocated. The criteria of art of works are studied and analyzed. The article examines the substantive and formal components of the work, as well as their role in addressing the issue of providing the relevant objects of legal protection.
 It is established that the substantive criteria of the work of art are humanistic ideology and truthfulness, the depth of reflection of the phenomenon of reality, while formal are recognized systemic, organic, optimal organization, completeness of the theme, and harmony. However, it was found that art is a fundamental category and quality of work, but can not be decisive in solving the issue of legal protection.

A Study on the Copyright Problem of Music Practical Education Contents: With Derivative Video Contents

A Study on the Copyright Problem of Music Practical Education Contents: With Derivative Video Contents

Self-Embedding Fragile Watermarking Scheme to Detect Image Tampering Using AMBTC and OPAP Approaches

Research on self-embedding watermarks is being actively conducted to solve personal privacy and copyright problems by image attack. In this paper, we propose a self-embedded watermarking technique based on Absolute Moment Block Truncation Coding (AMBTC) for reconstructing tampered images by cropping attacks and forgery. AMBTC is suitable as a recovery bit (watermark) for the tampered image. This is because AMBTC has excellent compression performance and image quality. Moreover, to improve the quality of the marked image, the Optimal Pixel Adjustment Process (OPAP) method is used in the process of hiding AMBTC in the cover image. To find a damaged block in a marked image, the authentication data along with the watermark must be hidden in the block. We employ a checksum for authentication. The watermark is embedded in the pixels of the cover image using 3LSB and 2LSB, and the checksum is hidden in the LSB. Through the recovering procedure, it is possible to recover the original marked image from the tampered marked image. In addition, when the tampering ratio was 45%, the image (Lena) could be recovered at 36 dB. The proposed self-embedding method was verified through an experiment, and the result was the recovered image showed superior perceptual quality compared to the previous methods.

Andy Warhol's Pantry Tokens

This essay announces the creation of the Warhol's Pantry Tokens collection of NFTs. This collection of 60 NFTs corresponds to 60 works of art I created. Ownership of one of the NFTs in this collection constitutes ownership of the unique copy of the work to which it corresponds. The unique copies are stored in the Brian L. Frye Shoebox Art Freehold at an undisclosed location. The owner of an NFT can redeem the NFT for the copy at any time, by burning the NFT and sending me their mailing address. Each work consists of an image drawn by Andy Warhol and printed in Amy Vanderbilt's Complete Cookbook (1961), which I cut out of a copy of the cookbook and glued to a card. I created a PDF scan of each work for the purpose of illustrating the sale of the NFT to which it corresponds. Ownership of an NFT from this collection does not constitute ownership of copyright in the drawing represented in the work corresponding to the NFT. This essay reflects on the copyright problems presented by the creation and sale of these NFTs. For better or worse, I believe no infringement has occurred. Do you agree?

O problemie ochrony niemieckich praw własności intelektualnej w Polsce w pierwszych latach po II wojnie światowej

On the problem of the protection of German intellectual property rights in Poland in the fi rst few years following the Second World War
 Right after the end of the Second World War a decision was taken to deal with the problem of patent rights and copyright of German nationals by means of internal (national) regulations. A relevant letter was sent in April 1946 to the Ministry of Reconstruction by the Construction Research Institute. This began a rather lively exchange of correspondence on the ministerial level. Particularly active in it were three ministries: Ministry of Reconstruction, Ministry of Justice and Minister of Foreign Aff airs. In the end, however, the problem of the use of patents belonging to German nationals under pre-war international agreements was resolved by means of the London Accord of 27 July 1946 which Poland endorsed in late 1946. What turned to be much more problematic was the regulation of German copyright. The Polish authorities were considering the adoption of the so-called decree on partial revocation of copyright on technical and scientifi c works by German authors. However, owing to a lack of consent from the various ministries as well as uncertainty about possible future consequences associated with compensation the attempts proved ineff ective.
 
 Zur Problematik des Schutzes der deutschen geistigen Eigentumsrechte in den ersten Jahren nach dem Zweiten Weltkrieg in Polen
 Unmittelbar nach Ende des Zweiten Weltkrieges versuchte man, das Problem der Patent- und der Urheberrechte deutscher Bürger zusammen zu lösen — mittels der internen (Landes-) Vorschriften. Im April 1946 hat das Forschungsinstitut für Bauwesen [Instytut Badawczy Budownictwa] ein Schreiben an das Ministerium für Wiederaufbau [Ministerstwo Odbudowy] gerichtet, was zu einer regen Korrespondenz auf ministerialer Ebene geführt hat. Besonders aktiv waren in dieser Sache drei Ministerien: das Ministerium für Wiederaufbau, Justizministerium und Ministerium für Auswärtige Angelegenheiten. Die Probleme, die mit der Anwendung der Patente verbunden waren, die nach den internationalen Vorkriegsabkommen den deutschen Bürgern zustanden, wurden schließlich kraft des Londoner Abkommens vom 27. Juli 1946 über die Behandlung deutscher Patente gelöst, Polen trat diesem Abkommen Ende des Jahres 1946 bei. Wesentlich problematischer war die Regelung der deutschen Urheberrechte. Die polnischen Behörden überlegten nämlich die Herausgabe eines sog. Dekretes über die teilweise Aufhebung der Anwendung des Urheberrechtes in Bezug auf die wissenschaftlich-technischen Werke deutscher Autoren. Da jedoch die einzelnen Ministerien diesem nicht zugestimmt haben und Bedenken hinsichtlich künftiger Schadensersatzfolgen bestanden, hat man davon abgesehen.