1,720,972 research outputs found
Wiki (POCC) authorship: The case for an inclusive copyright
Public open collaborative creation (POCC) constitutes an innovative form of collaborative authorship that is emerging within the digital humanities. At present, the use of the POCC model (or Wiki authorship model) can be observed in many online creation projects the best known examples being Wikipedia and free-open source software (FOSS). This paper presents the POCC model as a new archetype of authorship that is founded on a creation ideology that is inclusive and as such, challenges the existing individualistic conception of authorship in exclusivity-based copyright law. Based on a comparative survey of the copyright law frameworks on collaborative authorship in France, the UK and the USA, the paper demonstrates the inability of the existing framework of exclusivity-based copyright law to give adequate legal expression to the relationships between co-authors engaged in collaborative creation within the POCC model. It proposes the introduction of an 'inclusive' copyright to the copyright law toolbox which would be more suited for giving legal expression to the qualities of inclusivity and dynamism that are inherent in these relationships
The Magic Bullet That Isn’t!: The Limited Efficacy of Article 14 DSA in Safeguarding Copyright Exceptions to Quotation and Parody on Social Media Platforms
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Copyright, the freedom of expression and the right to information ::exploring a potential public interest exception to copyright in Europe /
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A Copyright Gambit ::On the Need for Exclusive Rights in Digitised Versions of Public Domain Textual Materials in Europe /
European memory institutions are repositories of a wealth of rare documents that record public domain content. These documents are often stored in 'dark-archives' to which members of the public are granted limited access, resulting in the public domain content recorded therein being relegated to a form of 'forgotten-knowledge'. Digitisation offers a means by which such public domain content can be made speedily and easily accessible to users around the world. For this reason, it has been hailed as the harbinger of a new 'digital renaissance'. This book examines the topical issue of the need to preserve exclusivity over digitised versions of rare documents recording public domain content. Based on data gathered through an empirical survey of digitisation projects undertaken by fourteen memory institutions in five European Union Member States, it argues for the introduction of exclusive rights in digitised versions of rare documents recording public domain textual content as a means of incentivising private-sector investment in the digitisation process. It concludes by presenting a detailed proposal for a European Union Regulation that would grant memory institutions a limited-term related right in digitised versions of rare documents held in their collections subject to stringent exceptions and limitations that are designed to safeguard user interests.
Wiki (POCC) authorship: The case for an inclusive copyright
Public open collaborative creation (POCC) constitutes an innovative form of collaborative authorship that is emerging within the digital humanities. At present, the use of the POCC model (or Wiki authorship model) can be observed in many online creation projects the best known examples being Wikipedia and free-open source software (FOSS). This paper presents the POCC model as a new archetype of authorship that is founded on a creation ideology that is inclusive and as such, challenges the existing individualistic conception of authorship in exclusivity-based copyright law. Based on a comparative survey of the copyright law frameworks on collaborative authorship in France, the UK and the USA, the paper demonstrates the inability of the existing framework of exclusivity-based copyright law to give adequate legal expression to the relationships between co-authors engaged in collaborative creation within the POCC model. It proposes the introduction of an \u27inclusive\u27 copyright to the copyright law toolbox which would be more suited for giving legal expression to the qualities of inclusivity and dynamism that are inherent in these relationships
Wiki (POCC) authorship:The case for an inclusive copyright
Public open collaborative creation (POCC) constitutes an innovative form of collaborative authorship that is emerging within the digital humanities. At present, the use of the POCC model (or Wiki authorship model) can be observed in many online creation projects the best known examples being Wikipedia and free-open source software (FOSS). This paper presents the POCC model as a new archetype of authorship that is founded on a creation ideology that is inclusive and as such, challenges the existing individualistic conception of authorship in exclusivity-based copyright law. Based on a comparative survey of the copyright law frameworks on collaborative authorship in France, the UK and the USA, the paper demonstrates the inability of the existing framework of exclusivity-based copyright law to give adequate legal expression to the relationships between co-authors engaged in collaborative creation within the POCC model. It proposes the introduction of an 'inclusive' copyright to the copyright law toolbox which would be more suited for giving legal expression to the qualities of inclusivity and dynamism that are inherent in these relationships
Copyright, the freedom of expression and the right to information - exploring a potential public interest exception to copyright in Europe
With the advent of a global community, which draws its sustenance from the unfettered communication of ideas and expression, it is worth reflecting on the role of copyright law and considering whether the existing legal frameworks of copyright in Europe have the capacity to meet the changing needs of a new generation who have given a whole new meaning to the term ""creativity"" and to that of ""original expression."" This book considers the prevailing tension between the competing values of copyright, the freedom of expression, and the right to information. It also looks at the possibility of introducing a public interest exception to the copyright framework of the European Union as a means of resolving the existing discord, along with a comparative survey of the developments presently taking place in the jurisdictions of France, Germany, and the UK
Re-thinking intellectual property law’s promise of democratic inclusion
In scholarly as well as popular discourse, intellectual property (IP) is perceived as a legal regime that creates and exacerbates social, political, economic and cultural inequality, both at national and international levels (especially along the global North-South divide). The increasing trend towards IP law expansionism and the use of IP rights as a strategic instrument for leveraging corporate interests and political power has weakened IP law’s capacity to safeguard the public interest. In this Chapter, I argue for a re-imagination of the EU IP law system as a legal infrastructure for fostering democratic inclusion in the innovation of intellectual goods and in distributing the social and economic benefits thereof. I propose that the recognition of IP law’s three democracy-enhancing functions by policymakers, legislators and judges could lead to its re-imagination in a way that promotes equality, self-determination and diversity in society
The magic bullet that isn’t!:The limited efficacy of Article 14 DSA in safeguarding copyright exceptions to quotation and parody on social media platforms
Could Article 14 of the EU Digital Services Act (DSA, 2022) be the eagerly awaited ‘magic bullet’ that ensures effective protection of user rights to rely copyright exceptions to parody and quotation on social media platforms? As this essay seeks to demonstrate, the possibility of such an outcome is doubtful
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