Copyright
Author: Mohit Manoj Nandi
MMS – Roll No.40
Kohinoor Business School
Literature Review
Causing Copyright
Bal Ganesh, S. et al. (2017) say that the copyright protection attaches to an original work of expression the moment it is created and fixed in a tangible medium. Yet modern copyright law contains no viable mechanism by which to examine whether someone is causally responsible for the creation and fixation of the work. Whenever the issue of causation arises, copyright law relies on its pre-existing doctrinal devices to resolve the issue, in the process cloaking its intuitions about causation in altogether extraneous considerations. This Article argues that copyright law embodies annuitant ed yet distinct theory of authorial causation, which connects the element of human agency to a work of expression using the myriad goals and objectives of the cop right system. This theory of causation would be best realized through an independent requirement—copyrightable causation—that the creator of awork must satisfy in order to qualify as its author for copyright protection. Tracking authorial causation, the requirement would embody both a factual dimension (creation in fact)and a normative component (legal creation)
Privatizing Copyright
XIYIN TANG . et al. (2023) States that the system of privatized copyright holders leverage the power of platforms to enforce a preferred set of copyright policies that are passed down to the platform’s users through expansive platform terms of service14—presents a new and different example of the phenomenon of platforms acting as quasi-state actors.15But the new private copyright has ramifications beyond the content moderation literature as well. For copyright scholars, insights into the new private copyright suggest that substantive, pub-lic copyright law16—such as the oft-repeated mantra that the United States does not recognize moral rights outside of the fine arts17or that fair use is the most important First Amendment safeguard in copyright law18—matters little in the online sphere. By piecing together clues from publicly available news reporting and digital platforms’ own internal and external documents, including from one particularly pertinent leaked agreement that was entered into between Facebook and copyright holders, this Article instead reveals a world where the substantive law of copyright is being quietly rewritten and reshaped. Agreements between digital platforms and rightsholders remove the First Amendment safeguard of fair Use, insert a new moral right for works previously deemed ineligible for moral rights protection, and use other small pro-visions to influence and reshape administrative, common, and statutory copyright Law
Copyright In digital single market
ROMERO MORENO, F. et al. (2020) state that With hashing The file size of such a numerical depiction is considerably lower than the one of the initial file, making it more effective when comparing the hash value of an uploaded fragment of content against databases of hash tasks (Gann and Abecassis2018, 5). This technology has been criticised for only allowing strictly same files to the original files to be identified Also water making This technique is normally in the form of a hidden barcode individually incorporated into the file, which is used to detect sounds, videos or images. It is frequently employed within the film industry to identify the source of copyright infringement, such as unlawful record-Ings made in film theatres. In practice, any watermarked duplicate is instantly detected, whilst a duplicate without a watermark, for instance, if it was made before the watermark-Ing operation, cannot be identified
MINDS, MACHINES, AND THE LAW: THE CASE OF VOLITION IN COPYRIGHT LAW.:
CHATTERJEE, M et al. (2019) state that With the increasing prevalence of ever more sophisticated tech-neology—which permits machines to stand in for or augment humans in a growing number of contexts—the questions of whether, when, and how the so-called actions of machines can and should result in legal liability will become more practically pressing.1Although the law has yet to fully grapple with questions such as whether machines are (or can be)sufficiently humanlike to be the subjects of law, philosophers have long contemplated the nature of machines.2Philosophers have considered ,for instance, whether human cognition is fundamentally computation—such that it is in principle possible for future artificial intelligences(AI)to possess the properties of human minds, including consciousness, semantic understanding, intention, and even moral responsibility—rehumanised machines are instead fundamentally different, no matter how sophisticated AI becomes. It is thus unsurprising that, in thinking through how the law should accommodate and govern an increasingly AI-filled world, the lessons and frameworks to be gleaned from these philosophical discussions will have undeniable relevance markets, which is not attempted by the papers.
wings and roundabouts: The impact of legal drafting on the language and understanding of copyright law and the need for educational materials
BOSHER, H. et al. (2016) says that is considered complex, with a particular emphasis on legal drafting. The authors identified two challenges in the present context. These include drafting law to incorporate stakeholder perspectives whilst responding to policy and emerging technologies. As discussed above, in effect, these two challenges can be seen as paradoxical in a copyright context. Quite often, stakeholders lobby for change due to technological developments, which have an impact on the protection and exploitation of copyright works, whilst the drafter has to ensure that in responding to policy and technology, the law is not technologically specific, leading to it becoming redundant in the face of new technologies
Sampling Increases Music Sales: An Empirical Copyright Study:
SCHUSTER, M et al. (2019) says that an empirical study of sampling’s effect on the sales of copyrighted works. To conduct the research, we catalogued a group of sampled songs and collected their relevant sales information. To this end, the authors identified and analysed a set of songs sampled by works appearing in the Billboard Music Year End Charts for 2006–15. The investigation found that, to a 99.99% degree of statistical significance, sales of sampled songs increased after being repurposed in a new work.6This article proceeds in five parts. Part introduces the intersection of copy-right law, sampling, and fair use. It includes a review of the extant literature and relevant court decisions.
Dead poets’ property—how does copyright influence price?
LI, X.. et al. (2018) says that, The length of copyrights creates important policy trade-offs that operate through the price of copyrighted work. For example, a basic model of copyrights implies that a shift toward stronger copyrights raise profits for authors by increasing the price of copyrighted goods (Lands and Posner, 1989), which may, in turn, encourage creativity.1However, higher prices reduce consumer surplus by restricting the use of copyrighted goods (Handke, 2011), and they may even discourage reuse and the creation of follow-on innovations (Biasi and Moser, 2016; Nagaraj, 2016).Despite the centrality of its implications, the effects of copyright length on price are
The role of automated technology in the creation of copyright works: the challenges of artificial intelligence.
ZATARAIN, J. M. N. (2017) states that Technology is an element that has constantly present in the creation of copyrightable material. However, its position has historically been considered as a mere tool; an instrument that allows human creativity to expand and to develop new concepts and creations. Beyond the unreal threat that Qenites poses is the actual need to have a deep look at the potential scenarios that may arise as a direct consequence of managing artistic material through automated technology which has the capacity to generate new works with discussions of multi-racial couples, dating for non-heterosexual people, and women’s empowerment in dating via technology via the help of better data analysing and matching capabilities, other articles discussed how political divides influence dating culture.
PressThe value of publishing and the role ofcopyright, freedom to publish, and diversity& inclusio
KOLMAN, M. et al. (2019) state that for scholarly publishers, copyright remains important regardless of what business model you want to use; open access or subscription. In both situations, we need to ensure that what we publish is unique, certified through peer review to be true and accurate and protected so others can rely on the information that is published. I should also reference here the publishers’ support for Creative Commons licenses; illustrating that there are established frameworks for supporting both authors and publishers depending on the publication model they choose and Creative Commons licensing still requires a robust legal framework provided by copyright legislation to be in place around the world. While we see some progress in the rhetoric surrounding copyright, it
BLEISTEIN, THE PROBLEM OF AESTHETIC PROGRESS, AND THE MAKING OF AMERICAN COPYRIGHT LAW.
BEEBE, B. Bleistein. et al. (2017) says that picture has no other use than that of a mere advertisement, and no value aside from this function, it would not be promotive of the useful arts, within the meaning of the constitutional provision, to protect the ‘author’ in the exclusive use thereof, and the copyright statute should not be construed as including such a publication, if another construction isadmissible.39The Sixth Circuit’s reasoning was remarkable. Because the illustrations lacked “any intrinsic merit or value “and failed to “rise to the dignity of art,” they were not promotive of the useful arts under the “obvious meaning” of the Intellectual Property Clause and therefore could not qualify as fine art under the statute.
Conclusion:
These articles are trying to show that copywriting is a strategic and creative discipline that harnesses the power of words to engage, persuade, and inspire action. Effective copywriting requires a deep understanding of the target audience, adaptability to different mediums, and a commitment to clarity, creativity, and ethical practices.As Copywriting is a crucial component of marketing and advertising that involves crafting persuasive and compelling written content to promote products, services, or ideas. After considering its importance and various aspects
References:
Bal Ganesh, S. (2017) – Causing copyright Columbia Law Review, [s. l.], v. 117, n. 1, p. 1–78, 2017. Disponível em: https://discovery.ebsco.com/linkprocessor/plink?id=fbfbd681-c4d8-3035-9c49-372cdd712027. Acesso em: 13 maio. 2023.
BEEBE, B. Bleistein, the Problem of Aesthetic Progress, and the Making of American Copyright Law. Columbia Law Review, [s. l.], v. 117, n. 2, p. 319–397, 2017. Disponível em: https://discovery.ebsco.com/linkprocessor/plink?id=2497788a-9892-3fd5-aca6-d7401e1e1bb2. Acesso em: 13 maio. 2023.
BOSHER, H. et al.(2016): The impact of legal drafting on the language and understanding of copyright law and the need for educational materials. International Review of Law, Computers & Technology, [s. l.], v. 30, n. 3, p. 211–228, 2016. DOI 10.1080/13600869.2016.1176319. Disponível em: https://discovery.ebsco.com/linkprocessor/plink?id=5dd7bb6a-578c-3fcb-b4e9-e42133c70b74. Acesso em: 13 maio. 2023.
CHATTERJEE, M. et al(2019): The Case of Volition in Copyright Law. Columbia Law Review, [s. l.], v. 119, n. 7, p. 1887–1916, 2019. Disponível em: https://discovery.ebsco.com/linkprocessor/plink?id=b8db97f1-7cab-34a0-89cb-86c280365852. Acesso em: 13 maio. 2023.
KOLMAN, M.(2019) The value of publishing and the role of copyright, freedom to publish, and diversity & inclusion^^1^^. Information Services & Use, [s. l.], v. 39, n. 4, p. 383–385, 2019. DOI 10.3233/ISU-180036. Disponível em: https://discovery.ebsco.com/linkprocessor/plink?id=c4e26e53-fb3b-310b-b90c-1aa24ab84dff. Acesso em: 13 maio. 2023.
LI, X. et al.(2019) – Dead poets’ property—how does copyright influence price? RAND Journal of Economics (Wiley-Blackwell), [s. l.], v. 49, n. 1, p. 181–205, 2018. DOI 10.1111/1756-2171.12223. Disponível em: https://discovery.ebsco.com/linkprocessor/plink?id=73cf4d41-8faa-31fb-8dec-
ROMERO MORENO, F. (2023) “Upload filters” and human rights: implementing Article 17 of the Directive on Copyright in the Digital Single Market. International Review of Law, Computers & Technology, [s. l.], v. 34, n. 2, p. 153–182, 2020. DOI 10.1080/13600869.2020.1733760. Disponível em: https://discovery.ebsco.com/linkprocessor/plink?id=d8451239-18d2-341e-8ca0-2ad5f095c99d. Acesso em: 13 maio.
SCHUSTER, M et al (2019). Sampling Increases Music Sales: An Empirical Copyright Study. American Business Law Journal, [s. l.], v. 56, n. 1, p. 177–229, 2019. DOI 10.1111/ablj.12137. Disponível em: https://discovery.ebsco.com/linkprocessor/plink?id=be8e9473-1d8e-30cc-82f3-fe9599f5606c. Acesso em: 13 maio. 2023.
XIYIN TANG et al. (2022) – Privatizing Copyright. Michigan Law Review, [s. l.], v. 121, n. 5, p. 753–809, 2023. DOI 10.36644/mlr.121.5.privatizing. Disponível em: https://discovery.ebsco.com/linkprocessor/plink?id=e64ab938-7de7-3fa2-92ae-129252b7ee1b.
ZATARAIN, J. M. N. The role of automated technology in the creation of copyright works: the challenges of artificial intelligence. International Review of Law, Computers & Technology, [s. l.], v. 31, n. 1, p. 91–104, 2017. DOI 10.1080/13600869.2017.1275273. Disponível em: https://discovery.ebsco.com/linkprocessor/plink?id=ddcff8d7-7c08-3ced-bf6f-50d9dd3c3700. Acesso em: 13 maio. 2023.