1,720,956 research outputs found
A Comparative Perspective on Moral Rights beyond Audiovisual Works: International Mandatory Rule and Moral Interests as Human Rights
No full textCopyright protection provides two distinct sorts of rights to the right holder. The first category pertains to economic rights, which ensure individuals’ authority over their own intellectual creations and compensation for their utilisation through selling and licensing. The second category pertains to moral rights, which encompass rights associated with the creator’s personal identity and the preservation of their dignity and honour as an author. These rights typically include, at minimum, the right of attribution, which grants authors the entitlement to be recognised as the creators of their work, and the right of integrity, which grants authors the prerogative to prevent any modifications or alterations to their work that may be detrimental to their reputation. The extent to which moral rights are protected and given might vary based on the legal traditions that belong to each country. Establishing this group of rights is essential for authors to guarantee the proper acknowledgement of their work. Nevertheless, moral rights have sparked significant global debate, and attempts to achieve harmonisation have shown to be inconsistent and ineffective. The purpose of this work is to analyse the correlation between copyright and human rights, considering the overarching structure of moral rights protection in countries stemming from two distinct traditions: Continental-European (civil law) and Anglo-American (common law), mainly going through the examples of France, Germany, and the United States, with some reference to other countries for comparison. In general terms, Continental-European tradition places significant emphasis on safeguarding the author’s personality rights, drawing primarily and historically from philosophical concepts rooted in the French tradition. Conversely, common law countries prioritise economic rights and the commercial interests of authors, allocating comparatively less importance to moral rights. Moreover, this paper will also delve into the examination of international and supranational instruments. It will additionally centre its attention on The Asphalt Jungle Case, which was brought before the Cour de Cassation of France. This case represents an endeavour to enhance the safeguarding of moral rights, particularly in jurisdictions where the legal framework provides only minimal protection for such rights. Finally, a discussion on moral rights and digital technology will be held to determine whether it will be possible to reach a harmonisation agreement soon or if it will be too difficult and moral rights will be viewed as outdated
Artificial Intelligence Issues in Korean Music
No full textSince Artificial Intelligence (AI) emerged as an essential technology over the last decade, numerous concerns have surfaced questioning its application. These issues are primarily due to copyright infringement problems, which arise when the AI is trained on copyrighted content without obtaining authorisation. The music industry is one of the numerous sectors that started to be profoundly impacted by the implementation of AI. South Korea is unquestionably an interesting case study involving the use of AI in the music field. The country has devoted considerable resources to advancing and developing AI technology, with substantial government support, and it has been at the forefront of emerging developments in AI and music, particularly in terms of composition and visuals. These advancements gave rise to many questions regarding AI, ranging from copyright concerns to ethical dilemmas. This paper aims to examine and assess some of the most notable advancements related to artificial intelligence in the Korean music industry.
It will begin with the emergence of innovative virtual idols, such as 에스파(Aespa), that incorporate AI and technology in the creation of their concepts. Additionally, it will cover other uses of AI in Korean popular music. For example, this technology can be utilised to strengthen the bond between international fans and artists, as in the case of MIDNATT, who sang multilingual versions of the same song through an AI process.
This work will next examine the issues related to AI composers and producers through the case of이봄(EvoM), one of the three most significant AI-based composers globally. For a certain period, EvoM was granted royalties by the Korea Music Copyright Association (KOMCA), which is currently involved in discussions regarding the implementation of a compulsory AI labelling law in the country.
Alongside the prospect of Korean regulations, this work also aims to highlight other recent advancements in the field, particularly concerning musical compositions and the use of copyrighted works for training artificial intelligence in the music industry. It focuses on the cases of the new European Union regulations on AI and copyright infringement cases involving music companies in the United States. By examining these cases, this paper provides a comprehensive overview of the current global efforts to address the challenges posed by technological advancements in Artificial Intelligence
Constitutional Developments and Intellectual Property Rights: Understanding South Korea from a Confucian Perspective
No full textThis paper analyses Confucianism’s role in shaping or hindering different aspects of the law and human rights protection in South Korea. In fact, from a western perspective, it is still challenging to understand the phenomena ranging from constitutional culture and democratic transition to the development of a set of laws for the protection of the rights of creators and owners of inventions, writing, music and more, without exclusively connecting them with the adaption of western institution and practices. Constitutional developments, policies, and the journey towards protecting intellectual property rights are way more complex and internalised than the mere adoption process: geographical, historical, and philosophical contingencies have made these processes differ widely from the western experience. This paper will deal with the correlation between Confucian principles and the late development of intellectual property rights in South Korea, considering what the absence of legal protection has meant for the country. The lack of protection of creative works in East Asia undoubtedly arose from Confucianism, which represented a significant barrier to intellectual property reforms in China and South Korea. Following Confucian principles, copying a scholar’s book was not offensive. On the contrary, it reflected a passion for learning and raising one’s social status. A problem that can be considered consequent to this issue, which was still very relevant at the beginning of the twenty-first century, is widespread offline and online piracy. On this matter, the case of Soribada will be analysed. Soribada is a well-known Korean P2P platform. Courts at different levels held Soribada accountable for violating the copyright law and they addressed the problem of service providers’ responsibility. This case is fundamental because it helped define digital copyright law in Korea after multiple lawsuits and software revisions to comply with the law. Considering that the issue of intellectual property rights protection in Korea emerged simultaneously with the need for democratisation and a series of protests in the country, this work will also focus on the first Patent case in Korea (정인호의 말총모자), which was registered over a century ago and is an interesting case on how the intellectual property indirectly helped the country even back then. In fact, this case is fundamental because it significantly benefited the country’s independence movement at that time
Civil Rights in Times of Pandemic – A Code of Conduct for City Governance
No full textWe discuss the need for a Code of Conduct for local urban governments that should consider a line-up of interconnected civil rights: Access to Information but also the Right to Privacy and to Personal Liberty. Local governments have a key role in collecting, analysing, and sharing information, which have a strong impact on personal liberty and privacy. However, due to COVID-19 pandemic emergency, national governments can declare derogations to the right to “seek, receive, and impart information”. We deliberate the value of enshrining Access to Information as an absolute human right in order to prevent the spread of misinformation and ensure the accountability of multi-level governance structures. The same is true for the Right to Privacy, which is the other side of the same coin. Finally, national governments should recognize the unique needs of urbanized areas when it comes to personal liberty under present or future pandemics and establish consistent policies to support cities as duty-holders in a rights-based regime
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Get PDFWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Dispelling the Myths Behind First-author Citation Counts
Get PDFWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
- …
