Blockchain-based NFTs (non-fungible tokens) are uniquely identifiable digital representations of physical or digital items. Usually, the tokens are indivisible into smaller units. NFTs represent structured metadata referring to physical or digital objects. The tokens act as separate identifier...

The ambiguity of the empirical results on the relationship between copyright and creativity calls for a better theoretical understanding of the issue, possibly enlarging the analysis to other factors such as technology and copyright enforcement. This paper addresses these complex policy issues...

Blockchain-based NFTs (non-fungible tokens) are uniquely identifiable digital representations of physical or digital items. Usually, the tokens are indivisible into smaller units. NFTs represent structured metadata referring to physical or digital objects. The tokens act as separate identifier...

The exclusive rights enjoyed by a copyright owner to reproduce his protected work in any material form, including any permanent or temporary storage in electronic form will have a direct impact on the lawful activities of an internet service provider (ISP). Any transmission of temporary copies...

This paper scrutinizes the effects of the European Directive on Copyright in the Digital Single Market on platform competition in media markets. Platforms that are Online Content-Sharing Service Providers must have a license agreement with collective management organizations that control the...

This chapter explores IP protectability of what may be broadly termed “folk music,” though, that is a term fraught with ambiguity, from an intellectual property social justice (IP-SJ) framework. Our IP-SJ approach helps illuminate how IP law and administration affect opportunities for...

In November 2020, China adopted the Third Amendment to the Copyright Law, providing a major overhaul of its copyright regime. This amendment entered into effect on June 1, 2021. The last time the regime was completely revamped was in October 2001, when the Copyright Law was amended two months...

The destruction of murals burdens artists around the world. Many times, the only option they can rely on is the prohibition of any distortion, mutilation or modification of work under art. 6bis of the Berne Convention, because multiple legal orders are silent on the prohibition of destruction....

This study aims to analyze the juridical review of consumer protection from the perspective of the Job Creation Act and how the effectiveness of existing dispute resolutions resolves these problems. Technological developments change the order of values and human life, one of which is economic...

Our Internet of Things (“IoT”) devices are constantly monitoring our every move, collecting sensitive data about us in a way that we do not fully appreciate. Manufacturers of these devices have a huge financial incentive to collect as much data on us as they can, and to use and sell this...

Report 2: The treatment of parodies under copyright law in seven jurisdictions The purpose of this paper is to review the legal treatment of parodies in several key countries, with a view to identifying possible regulatory options for benefiting from a parody exception to copyright infringement,...

This article addresses application of copyright protection to sports video games, discusses relevant important issues, and is aimed at disclosing intellectual property approaches applicable to the various elements of that entertainment and sports technology. The main focus is put on issues such...

Law Number 28 of 2014 on Copyright does not regulate Non-Fungible Tokens as a proof of ownership. The problem that will be discussed is whether the issuance of Non-Fungible Tokens without permission is a copyright infringement and what is the available legal protections for the creator. This...

‘Orphan works’ are works in which copyright still subsists, but where the rightholder, whether it be the creator of the work or successor in title, cannot be located.This report was commissioned to assist the UK government in evaluating policy options in the implementation of the Hargreaves...

A growing number of empirical studies measure how extended copyright terms negatively affect the number of book titles in print. Many of these same studies also demonstrate significant differences in the pricing of bound volumes, ebooks, and audio books editions of public domain and copyrighted...

Much has been written, and much is understood, about how and why digital platforms regulate free expression on the Internet. Much less has been written— and even much less is understood—about how and why digital platforms regulate creative expression on the Internet—expression that makes...

The dominant utilitarian formulation of copyright incentives is preoccupied with reducing copyright’s social costs by limiting an author’s income to the precise amount necessary to incentivize production of a particular work. Under that approach, the grant of copyright is considered by many...

The article is aimed at studying expert opinions in establishing the types of intellectual property and the corresponding legal relations that arise in the digital space and require attention in the educational context. As a result of a survey of 21 experienced law professors, we found that the...

The non-literal scope of protection for software is intricate legally and is intricate technical. Thus, despite literally decades of court decisions and a mountain of legal scholar written on the subject in that time, it appears that there is still no consistent agreement about it, as evidenced...

The copyright protectability of outputs generated by or with the help of Artificial Intelligence (AI) is a hotly debated question in academia and by many institutions. In practice, sophisticated AI algorithms have become a meaningful assistant in the European news industry in the reporting of...

The Green route to Open Access (OA), meaning the re-publication in OA venues of previously published works, can essentially be executed by contract and by copyright law. In theory, rights retention and contracts may allow authors to re-publish and communicate their works to the public, by means...

As is typical of a Breyer opinion, Unicolors v. H&M—the only IP decision this Term—illuminates the distinction between mistakes of fact and of law and explains the reasoning by virtue of a brief hypothetical. Imagine someone (named John) who sees a flash of red in a tree and blurts out,...

We study the interaction between public and private intellectual property rights (IPR) protection in a duopoly in which software developers offer a product variety of differing quality and compete for heterogeneous users, who have an option to buy a legal version, possibly use an illegal copy,...

The doctrine of fair use or fair dealing indicates exceptions to the author's exclusive right under copyright law. This doctrine permits making copies or using copyrighted work in such a way that does not consider copyright infringement. The primary objective behind the doctrine is the benefit...

This paper scrutinizes the effects of the European Directive on Copyright in the Digital Single Market on platform competition in media markets. Platforms that are Online Content-Sharing Service Providers must have a license agreement with collective management organizations that control the...

The goal of this paper is to investigate the copyright issue surrounding digital content in India, various students and researchers have written about digital content thus making it easier for everyone to learn and understand the phenomena’s that surround discovery, retrieval, and generation...

Defining a method for calculating the value of copyrights and related rights is crucial for the audiovisual works as well as the media industry in the climate of the new economy. It is a cross-disciplinary problem, as it reflects both legal aspects of streaming and business strategic management...

While a robust body of scholarship considers the regulatory dimensions of patent and copyright, there remains a puzzling absence of writing about copyright’s administrative law. This Article remedies this lacuna in the literature. It begins by tracing the history of regulatory copyright, which...

This Brief and Pleasant Guide to NFTs and Copyright Law is written by Professor Michael D. Murray, the author of A Short and Happy Guide to Copyright Law (West 2d ed. 2022), and the principle investigator of the Blockchain, Cryptocurrency, NFTs, and the Metaverse Law Project at the University of...

This Brief and Pleasant Guide to NFTs and Copyright Law is written by Professor Michael D. Murray, the author of A Short and Happy Guide to Copyright Law (West 2d ed. 2022), and the principle investigator of the Blockchain, Cryptocurrency, NFTs, and the Metaverse Law Project at the University of...

This paper analyzes the choice between quality improvements and copyright litigation by a proprietary seller who faces a competitive threat from a content-sharing platform. The platform operates like a "public good" with contributors who share content and free-riders who only consume content...

Copyright is supposed to solve market failures in works of authorship by encouraging their creation and distribution. But it isn't very efficient. Most importantly, it makes public goods artificially scarce. But we accept it because it's the best tool we have.What if we could do better? Maybe we...

This paper explores the significance of teaching and learning digital copyright laws within a reformed Nigerian copyright regime. It further analyzes how an experiential and clinical teaching pedagogy, developed as part of a copyright law curriculum, will become an agency to protect, safeguard,...

The proposed third amendment to PRC copyright law endeavours to enhance the standards of damages to fight piracy more effectively via a TRIPS-Plus approach. This includes, inter alia, reframing statutory damages, introducing punitive damages, and new evidence rules granting the right of...

The delineation of copyright subsistence is a focus area of the Third Amendment to the Chinese Copyright Law. This paper addresses the proposed reforms to the concept of 'works' in the Chinese Copyright Act in response to the challenges of the digital era and the international complaints...

This article focuses on mashup music, a form of sampling expression combining samples from two or more recognisable and popular music recordings into a new whole. It explains how platforms often regulate, displace and silence mashup producers, through a combination of content identification and...

The Supreme Court’s 2006 decision in eBay v. MercExchange seemingly heralded a major change in not only patent law but also copyright law. The Court ruled that injunctions for patent infringement should no longer be granted automatically; instead, plaintiffs must establish the need for...

The Directive on Copyright in the Digital Single Market might fundamentally change the way works and other subject matter protected by copyright will be used on online platforms. Article 17 of the Directive obliges such platforms, based on information they receive from rightholders, to ensure...

The cultural turn in copyright law identified authorship as a rhetorical construct employed by economic interests as a mechanism to establish claims to property rights. Grassroots intellectual property political movements have been seen as both a means of countering these interests’...

Does the lack of international copyrights benefit or harm developing countries? I examine the effects of U.S. copyright piracy during a period when the U.S. was itself a developing country. U.S. statutes since 1790 protected the copyrights of American citizens, but until 1891 deemed the works of...

Statutory remuneration rights are progressively attracting the attention of policy makers as regulatory tools since they constitute a middle way between exclusivity and free uses. Remuneration rights have the potential to realise the delicate balance between access to and protection of...

The modern age of internet and online content has left many newspaper publishers devoid of their physical business. To overcome financial hurdles, news publishers have started operating E-papers on a subscription basis. In a peculiar issue before the Hon’ble Delhi High Court, popular news...