Reproduction Of Works Research Articles

Revisiting Access to Cultural Heritage in the Public Domain: EU and International Developments

In the past year, a number of legal developments have accelerated discussions around whether intellectual property rights can be claimed in materials generated during the reproduction of public domain works. This article analyses those developments, focusing on the 2018 German Federal Supreme Court decision Museumsfotos, Art. 14 of the 2019 Copyright and Related Rights in the Digital Single Market Directive, and relevant provisions of the 2019 Open Data and the Re-use of Public Sector Information Directive. It reveals that despite the growing consensus for protecting the public domain, there is a lack of practical guidance throughout the EU in legislation, jurisprudence, and literature on what reproduction media might attract new intellectual property rights, from scans to photography to 3D data. This leaves ample room for copyright to be claimed in reproduction materials produced by new technologies. Moreover, owners remain able to impose other restrictive measures around public domain works and data, like onsite photography bans, website terms and conditions, and exclusive arrangements with third parties. This article maps out these various legal gaps. It argues the pro-open culture spirit of the EU Directives should be embraced and provides guidance for Member States and heritage institutions around national implementation.

The Marrakesh Treaty and Copyright in the Library Sphere

In order to facilitate access to works and their use for the visually impaired, on June 27, 2013, the Diplomatic Conference of the World Intellectual Property Organization in Marrakesh (Morocco) adopted the “The Marrakesh Treaty on the facilitation of access for the blind and visually impaired or with other disabilities to accept printed information to published works”. The accession of countries to the Marrakesh Treaty allows for adequate access for people with visual impairments to published works on the same terms as for people with normal vision. The provisions of the Marrakesh Treaty establish general obligations on restrictions under the Berne Convention, which authorizes the reproduction of works in certain special cases, provided that such reproduction does not harm the normal use of the work and does not unduly affect the legitimate interests of the author. The article reveals the exceptional nature of the Marrakesh Treaty, which combines the law on rights of people with visual problems and intellectual property law, creates the first mandatory restrictions on copyright protection in order to expand access to books for a growing number of people. The implementation of the Marrakesh Treaty into national law will enable libraries to create and distribute copies of works in an accessible format for the visually impaired. In order to protect copyright in the production of works for the visually impaired, the Marrakesh Treaty provides for the establishment of a special “authorized body” in the country, which should be associated with at least one area of society: 1) education, 2) vocational training, 3) adaptive reading or 4) public access to information. Such an authorized body may be any library or other organization that provides services on a non-profit basis. The adoption of the Marrakesh Treaty at the Diplomatic Conference of the World Intellectual Property Organization in Marrakesh is an important step in implementing the basic provisions of the Universal Declaration of Human Rights, which stipulates that everyone, including the visually impaired, can participate fully and equally in political, economic and cultural life of society.

Revisiting Access to Cultural Heritage in the Public Domain: EU and International Developments

In the past year, a number of legal developments have accelerated discussions around whether intellectual property rights can be claimed in materials generated during the reproduction of public domain works. This article analyses those developments, focusing on the 2018 German Federal Supreme Court decision Museumsfotos, Article 14 of the 2019 Copyright and Related Rights in the Digital Single Market Directive, and relevant provisions of the 2019 Open Data and the Re-use of Public Sector Information Directive. It reveals that despite the growing consensus for protecting the public domain, there is a lack of practical guidance throughout the EU in legislation, jurisprudence, and literature on what reproduction media might attract new intellectual property rights, from scans to photography to 3D data. This leaves ample room for copyright to be claimed in reproduction materials produced by new technologies. Moreover, owners remain able to impose other restrictive measures around public domain works and data, like onsite photography bans, website terms and conditions, and exclusive arrangements with third parties. This article maps out these various legal gaps. It argues the pro-open culture spirit of the EU Directives should be embraced and provides guidance for Member States and heritage institutions around national implementation.

ALTAI STONE PALETTE IN “ALTAI IN THE WORKS OF SCIENTISTS AND TRAVELERS, THE 18TH – THE BEGINNING OF THE 20TH CENTURY” PUBLICATION PROJECT DESIGN (BARNAUL, RUSSIA; 2017)

The article describes thought core of design made for publication project “Altai in the Works of Scientists and Travelers, the 18th the Beginning of the 20th Century” by Shishkov Altai Regional Universal Scientific Library (Barnaul, Russia), the basic element of which became colors and surface type of the Altaian semiprecious stones. Reproduction of little known pictural works made in portrait genre, rare landscape water-colors, esquisses by Russian and foreign painters lived around this time are also used in artistic design of five-volume issue. On the issue’s editorial board’s idea, selection of illustrations should help to a reader to trace a dynamics of interests took by domestic and foreign researchers and travelers in Altai.

The Law and Economics of Copyright Law and Copyright Exceptions, Limitations, and Immunities

This paper provides a brief review of the law and economics of Copyright Law and Copyright Exceptions, Limitations, and Immunities. Copyright law requires the creator’s consent to copy, publish, convey, transfer or profit from their original work. Copyright exceptions are legal limitations on the requirement that the prior consent, or authorization of the rights holder is necessary to make use of creative works. Copyright exceptions thus permit certain acts (uses) which would otherwise constitute an infringement of the exclusive right to copy. Copyright exceptions characterize the circumstances in which copyright will not be infringed by an unauthorized reproduction or presentation of creative works. Copyright limitations limit the scope or duration copyright holders rights. Copyright immunities remove the sanctions imposed for breach of copyright law obligations e.g. immunity from civil damages. This paper consists of three sections: • First we briefly examine the origin and nature of copyright law, and copyright exceptions; and • Second we briefly examine the economic rationale for copyright; • Third we examine the rationale for copyright exceptions, (including the “fair use” rule), and various other limitations, and immunities (such as “safe harbours”) in detail. In the third section we discuss a number of economic rationales advanced for copyright exceptions, limitations and immunities including: - Transaction costs Rationales - Monopoly Pricing Rationales - Non-Rivalry and Non-divisibility rationales - Indirect Appropriability Rationales and - Externalities rationales including network externalise and anti-commons rationales The paper concludes that the economic case for greater copyright exceptions, (including the “fair use” rule), and various other limitations, and immunities (such as “safe harbours”) has been overstated.

Una lección sobre Walter Benjamin

La vez pasada habíamos tratado de organizar un poco las ideas de este artículo sobre “La obra de arte en la época de su reproductibilidad técnica”, tratando de indicar qué nos parecía que es el objeto, el tema de este ensayo de Walter Benjamin, más allá de indicar solamente las implicaciones que pudieran derivarse, para la práctica artística, del hecho de la presencia y los ritmos de la reproducción técnica de las obras de arte. Pero, más que este tema, que en sí mismo es importante por supuesto, aquello que cautiva la atención en este ensayo es la consideración de un fenómeno muy radical de la época de Benjamín, es decir, la idea de que él cree estar viviendo una época de transición en la que percibe que cierto tipo de sociedad, de civilización moderna, está llegando a su fin, y una sociedad y una civilización diferentes están gestándose, están apareciendo.

О ПРИРОДЕ И ВОЗМОЖНОМ РАЗВИТИИ КОМПЕНСАЦИОННОЙ МОДЕЛИ ВОЗНАГРАЖДЕНИЯ В АВТОРСКОМ ПРАВЕ

author analyzes the compensation model of remuneration on the example of the right to remuneration for free reproduction of phonograms and audiovisual works for private use. The paper describes the features of the compensation model of remuneration, current theoretical and practical problems of the right to private copy. It is concluded that the compensation model of remuneration can, under certain conditions, extend to reproduction of works in digital form, as well as to reproduction of various results of intellectual activity using 3D printing technologies.

Behavioral and autonomic responses to real and digital reproductions of works of art.

Nowadays, works of art can be enjoyed in both their original and reproduced format. The aim of this study was to investigate whether the format of a work of art could influence physiological and cognitive responses in beholders. Two abstract works of art and their digital reproductions were selected as experimental stimuli and displayed for 2min to 60 participants in a museum. HRV, HR, and RMSSD were recorded, while participants observed the works of art. Subsequently, participants provided behavioral ratings of color intensity, emotional intensity, aesthetic evaluation, perceived movement, and desire to touch the works of art. Results demonstrated that the faithful high-quality digital reproduction of works of art could be as arousing as the original works of art, but at the same time, they cannot replace the experience of standing in front of an authentic work of art in terms of explicit hedonic attributed values. Furthermore, specific interactions between individual inclinations to identify with fictional characters and acquired art competences in the context of aesthetic experience were found.

Time to Look Again? Copyright and Freedom of Panorama

Copyright grants exclusive rights to authors of qualifying works. However, the Copyright Act 1994 permits reproduction, communication and commercial exploitation of certain artistic works which are on permanent public display. This exclusion from copyright, which is widely referred to as "freedom of panorama", is distinguishable from other permitted uses which tend to be narrow in scope and commonly manifest an element of fair dealing. Like other corresponding provisions of British heritage copyright legislation, New Zealand's freedom of panorama exclusion is significantly wider than comparable permitted uses in other jurisdictions. This article examines freedom of panorama in New Zealand. Note is taken of the Waitangi Tribunal report Wai 262, which considered among other issues the protection of Māori cultural treasures within the intellectual property law system. As points of comparison, selected overseas approaches to freedom of panorama are outlined. This article questions whether the current exclusion strikes an appropriate balance between competing rights and interests.

The interface between the EU copyright law and the fundamental economic freedoms of trade and competition in the digital single market: from the FAPL case to the decision in UsedSoft

The advent of the digital world has reshaped copyright law concepts, such as those regarding public performance, reproduction and distribution. To calibrate the indeterminate status of those concepts and protect the interests of authors in digital marketplaces, the EU, in conformity with the World Copyright Treaty, introduced the new exclusive right of communication to the public of a work. The broad right in question covers every form of digital dissemination, including reproduction, distribution and display of works. However, concerns arise when comparing this stronger copyright protection with the enforcement of the EU economic freedoms of trade and competition into online markets. It is argued that the shift to a digital marketplace has revealed the inadequacy of the doctrine of the exhaustion of the distribution right and that stronger copyright protection could determine the creation for competitors of legal barriers to access digital marketplaces and provide information-related services. Such effects are incompatible with the digital single market objective of the EU, where digital contents freely circulate without any restriction at the national level and where competition is not distorted. This paper explores the grounds of these assumptions by looking at recent decisions of the CJEU. It examines, first, how the Court in the FAPL decision has balanced the author's exclusive right of communication to the public with regard to the interplay between copyright licensing and internal market law in the provision of broadcasting services. The second part analyses the CJEU judgment in UsedSoft, the EU copyright law atomization resulting from the decision and the relevance, if any, in digital markets of differentiating between the exclusive right of distribution of goods, exhaustible, and the exclusive right to provide services, non-exhaustible. The third and last part focuses on the policy implications in terms of innovation connected to the role of copyright law and competition in online markets.

Experimental Music with Young Novices: Politics and Pedagogy

The author describes an experimental music-based pedagogy developed for workshops with untrained musical novices. He discusses the political impetus and implications for teaching music outside the traditional framework of instrumental skill-development and reproduction of extant works. Instead, he suggests an anti-hierarchical and empowering pedagogy through which anyone can exercise authorship and agency with music composition. Finally, he shows how the open-ended sonic inquiry—“the outcome of which is not foreseen”—that is characteristic of Cagean music resonates with trends toward STEM education.

Opłaty od urządzeń kopiujących i czystych nośników w prawie autorskim

Autor zajmuje się problematyką opłat od urządzeń kopiujących i czystych nośników w prawie autorskim. Mają one na celu zrekompensowanie uprawnionym do dóbr chronionych w prawie autorskim strat wynikających z zwielokrotniania tych dóbr w ramach użytku prywatnego. W tekście wskazano, że założenia przyjęte przy wprowadzaniu opłat w latach sześćdziesiątych XX w. w Niemczech, są w dużej mierze obecnie nieaktualne, a model opłat ma wiele wad, których w ramach tego systemu nie da się usunąć. Autor analizuje również orzecznictwo Trybunału Sprawiedliwości Unii Europejskiej odnoszące się do postanowień dyrektywy 29/2001, dotyczących rekompensowania uprawnionym strat wynikających ze zwielokrotniania dóbr chronionych w prawie autorskim w ramach użytku prywatnego. Analiza ta ma na celu ustalenie wymogów wynikających z prawa unijnego dla modeli rekompensowania strat związanych z użytkiem prywatnym, w tym modeli alternatywnych wobec modelu obecnie dominującego w Unii Europejskiej. W ostatniej części autor proponuje odejście od opłat pobieranych od urządzeń oraz czystych nośników i zastąpienie ich opłatą powszechną.

System repartycji w Polsce

The paper presents the results of the analysis of issues concerning the distribution in Poland. Distribution, in the context of the copyright law, is the compensation for the reproduction of works used with permit by private individuals for the personal purpose. Depending on the form of the exploitation of work or the subject of right (authors, performers, publishers or producers of phonograms and video recording), the fee should be paid. Fees for the use of protected works are collected from users based on the license agreements. Collective societies involved in the collect and division of the fees for the use of works within the permitted personal use. Article 23 of copyright law established the principle for unpaid permitted private use. There is no claim for payment of remuneration to the collective society or to users, if the works are copied within its own personal use. Exploitation of the works on the statutory license for private use is permitted, therefore, in connection with eg. common interests. Moreover, the relationships established through the internet are not excluded. Specificity is the fact that nowadays the reprographic fee of media is borne by entities that are themselves do not use of the works and do not encroach on the symptoms of copyright as an exclusive right. Holders of reprographic equipment, who are already established in the field of reproduction of works for personal use by third parties are obliged to pay, through the organization of collective management of copyright and related rights, duties amounting to 3% of the proceeds of this account on behalf of authors and publishers, unless the reproduction is carried out under an agreement with an eligible (eg. the author or publisher). Reprographic fees, so-called copyright levies or fees, which are counted towards to the blank media and copying machines are paid by all customers. Fees are paid by producers and importers of copying devices and blank media. In the field of reprographic fees, copyright is obsolete and should be complemented with modern audiovisual equipment, including tablets, smartphones etc.

Beyond reproduction: Semiotic perspectives on musical performance

The traditional musicological conception of performance is as the reproduction of pre-existing texts. This makes no allowance for the extent to which meaning emerges from the act of performance, and from the interactions between the various participants in performance events. A broadly semiotic approach focusses attention on such issues, and in this article I illustrate such an approach in terms of the communicative function of the mazurka ?script? and the role of performance gesture in conditioning musical meaning. I argue that, instead of thinking in terms of the reproduction of works, it is better to borrow Jeff Pressing?s term and think in terms of performances referencing scores, traditions, and other pre-existing entities: this way it is possible to conceptualise performances that range from the Werktreue ideology or tribute bands to parody or burlesque. Discourses of the relationship between works and performances are mirrored by those between performances and recordings, and consideration of the latter helps to clarify features shared by both: creativity, collaboration, and semiosis.

Exception to Copyright Infringement for Study and Research: Comparative Study of Thailand and Australia

In any countries, the legislations on copyright will provide exception of copyright infringement for a purpose of study and research. The reason for this exception is to create reconciliation between two conflicting interests: exclusive rights of authors, and public interest. On one hand, authors in producing original materials deserve legal protection given their efforts, time and expenditures spent on their materials. Thus rights of authors restrict use that can be made of their copyright materials. On the other hands, public, to a large extent, depends on these materials for essential development and re-production of subsequent or new works. As a result, restriction on use of these materials would contradict with public interest. One restriction in copyright legislation is an exception to copyright infringement for study and research. In this paper, Thailand's legislation and Australia's legislation on this will be examined on a comparative basis.

Artists, Music Piracy, and the Crisis of Political Subjectivity in Contemporary Mali

Music piracy, or the unauthorized commercial reproduction of musical works, evokes a strong negative sentiment in the Malian public sphere. Yet, its routine place in the culture economy makes it an ambivalent category for many, who regularly consume, and even produce, pirated media. For musical artists, however, the subject of piracy is anything but ambivalent. In perceived mercantile exploitations of creative labor and persistent state failures to regulate economic informality, artists experience a crisis of professional status and identity. In this essay, I suggest that artists' concerns about piracy have more to do with their position as political subjects than they do with lost revenues or infringed rights. My argument is that concerns surrounding the economics and legality of music piracy are symptomatic of a broader crisis of political subjectivity and that "piracy" as such is epiphenomenal to a fragmentation of state-subject relations in the political society of neoliberal polities.

Copyright Board denies Crown immunity for proposed tariffs on government reproduction of certain works

The Copyright Board of Canada held that the Provincial and Territorial Governments of Canada could not invoke Crown immunity to avoid the tariffs proposed by the Canadian Copyright Licensing Agency.

Sino-US intellectual property dispute: a new chapter in WTO history

On 10 April 2007, the USA initiated two disputes against the People’s Republic of China (PRC) in the World Trade Organization. In one dispute (the ‘IPR Dispute’), the USA requested consultations with China concerning the protection and enforcement of IP rights in China. In another dispute (the ‘Market Access Dispute’), the USA requested consultations with China concerning certain restrictions on distribution of imported copyright works and certain restrictions on market access for foreign distributors of copyright works. The focus of this article is the IPR Dispute. In this dispute, the USA requests consultation on four issues: 1. the thresholds that must be met in order for certain acts of trade mark counterfeiting and copyright piracy to be subject to criminal procedures and penalties under PRC law; 2. the confiscation of infringing goods by Chinese customs authorities, and the disposal of such goods following removal of their infringing features; 3. the scope of coverage of criminal procedures and penalties for unauthorized reproduction or unauthorized distribution of copyright works; 4. the denial of copyright and related rights protection and enforcement to creative works of authorship, sound recordings, and performances that have not been authorized for publication or distribution within China. In this article, each IP-related complaint levelled by the USA is held up to scrutiny, examining it within the context of Chinese law and interpretational guidance. The authors then predict possible grounds upon which future complaints may be lodged.

A Reconstruction of Stria

75 John Chowning’s computer-music composition Stria premiered on 13 October 1977 in Paris, during the “Perspectives du XXe siecle” concerts. The work was commissioned in 1976 by Luciano Berio, who was then the director of IRCAM’s electroacoustic music department. John Chowning, who began thinking about this project in 1972 but without the possibility to experiment, returned to the Stanford Artificial Intelligence Lab (SAIL) and realized the piece from July to October 1977 using a DEC PDP-10 computer and the computer languages SAIL (Stanford Artificial Intelligence Language) and MUSIC 10 (similar to Music IV). The term “stria” derives from the striated aspect of the work that is so apparent in the sonogram representation. Stria is an historical piece for a number of reasons. Not least among these is its use of the intrinsic attributes of sound synthesis by frequency modulation, discovered by the composer ten years before, to structure inharmonic spectra in an ordered manner that is complementary to a nontraditional pitch space. Both the spectra and the pitch space are rooted in the Golden Ratio from antiquity (Bossis 2005). Computer-synthesized music does not require, literally speaking, traditional scores or performers. Its existence depends on techniques and devices that are not dedicated to music and become quickly obsolete. As a result, this raises two essential problems: reproduction of works and analysis of sources. (See the article by Laura Zattra in this issue; Zattra 2007.) Therefore, there is a risk that the most “ancient” music (computer music celebrates its 50th anniversary this year) may not only freeze forever in its original and low-quality recording but also become baffling even for specialists. By reconstructing Stria, I sought this double purpose: to clone the original work in a high-quality format, as well as including the possibility to modify its parameters to analyze the process. I have therefore created a computer program for reconstructing Stria, one whose interface is easy to control and customize. The complete source code will be made available on the Web; see ccrma.stanford.edu/pieces/chowning/stria.

The potential impact of digital rights management on the Indian entertainment industry

For India, having being endowed with a rich heritage of art and culture, copyright is perceived to offer potential rewards. The entertainment industry is one of the fastest growing sectors in the Indian economy. At present, India is not a signatory to the WIPO Internet Treaties, but the government has proposed amendments to the extant legislation to incorporate Digital Rights Management (DRM) as enshrined in them. Conventionally the western entertainment industry has viewed DRM as an important tool to combat piracy pervasive on the internet. DRM involves the application of a set of technical and legal mechanisms that allow copyright owners to control the access to their works, determine the types of permissible uses and terms of such uses and the ultimate distribution of their works in the digital world. With the growing popularity of Indian cinema abroad, the entertainment industry is attracting increasing foreign investment, is gradually being corporatised and thus it is felt that such investments need to be protected. DRM is considered to be one of the solutions as it prevents loss due to unlimited unauthorized reproduction of works, introduces more effective market segmentation and promotes the incentive to create, facilitating the maximum exploitation of works in the digital world. However, for India, a developing economy, such a path is to be treaded with caution. DRM is an extra‐statutory measure, with perceived potential impact on consumer privacy, innovation and limiting legitimate exceptions. A unique feature of the industry is that it is an extension of its dynamic indigenous folk and classical cultural tradition where the emphasis has been on adaptation and improvisation, drawing upon works in the public domain. Some experts observe that DRM poses a threat to such a tradition by artificially restricting the public domain.This paper explores the likely impact of the proposed introduction of the DRM provisions in the Indian Copyright Act, 1957 with its focus on Bollywood and the related music sector. Given the tension surrounding DRM, this paper examines the aforementioned issues, taking into consideration the promotion of the underlying objectives of copyright law. Noting that the case for strong copyright protection as a key for innovation is highly debatable, this paper argues that India should keep in mind the flexibilities under law as provided by various international treaties and in technology before adopting the DRM approach.