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Copyright and Intellectual Property

Works Count: 38673

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Description

This cluster of papers explores the impact of digital piracy on creative industries, focusing on music and software. It delves into the dynamics of file sharing, ethical decision making, consumer behavior, economic implications, and the role of copyright and intellectual property rights. The research also investigates the effects of online streaming services and the challenges faced by the music industry in the digital age.

Keywords

Digital Piracy; Copyright; Software Piracy; Music Industry; File Sharing; Intellectual Property; Online Streaming; Ethical Decision Making; Consumer Behavior; Economic Impact

Software Piracy in the Workplace: A Model and Empirical Test

2003-07-01

A. Graham Peace , Dennis F. Galletta , James Y.L. Thong

Abstract Theft of software and other intellectual property has become one of the most visible problems in computing today. This paper details the development and empirical validation of a model … Abstract Theft of software and other intellectual property has become one of the most visible problems in computing today. This paper details the development and empirical validation of a model of software piracy by individuals in the workplace. The model was developed from the results of prior research into software piracy, and the reference disciplines of the theory of planned behavior, expected utility theory, and deterrence theory. A survey of 201 respondents was used to test the model. The results indicate that individual attitudes, subjective norms, and perceived behavioral control are significant precursors to the intention to illegally copy software. In addition, punishment severity, punishment certainty, and software cost have direct effects on the individual's attitude toward software piracy, whereas punishment certainty has a significant effect on perceived behavioral control. Consequently, strategies to reduce software piracy should focus on these factors. The results add to a growing stream of information systems research into illegal software copying behavior and have significant implications for organizations and industry groups aiming to reduce software piracy. Keywords: COMPUTER ETHICSDETERRENCE THEORYEXPECTED UTILITY THEORYSOFTWARE PIRACYTHEORY OF PLANNED BEHAVIOR

Shamans, software, and spleens: law and the construction of the information society

1997-01-01

James Boyle

From the Publisher: Who owns your genetic information? Might it be the doctors who, in the course of removing your spleen, decode a few cells and turn them into a … From the Publisher: Who owns your genetic information? Might it be the doctors who, in the course of removing your spleen, decode a few cells and turn them into a patented product? In 1990 the Supreme Court of California said yes, marking another milestone on the information superhighway. This extraordinary case is one of the many that James Boyle takes up in Shamans, Software, and Spleens, a timely look at the infinitely tricky problems posed by the information society. Discussing topics ranging from blackmail and insider trading to artificial intelligence (with good-humored stops in microeconomics, intellectual property, and cultural studies along the way), he has produced a penetrating social theory of the information age. Now more than ever, information is power, and questions about who owns it, who controls it, and who gets to use it carry powerful implications. Boyle finds that our ideas about intellectual property rights rest on the notion of the Romantic author - a notion that Boyle maintains is not only outmoded, but actually counterproductive, restricting debate, slowing innovation, and widening the gap between rich and poor nations. What emerges from this lively discussion is a compelling argument for relaxing the initial protection of authors' works and expanding the concept of the fair use of information.

Ideas, Artifacts, and Facilities: Information as a Common-Pool Resource

2003-01-01

Charlotte Hess , Элинор Остром

I INTRODUCTION There is an increasing concern about implications of recent and impending legislation on future of academic research, open science, traditional knowledge, and public domain. The Duke Law School … I INTRODUCTION There is an increasing concern about implications of recent and impending legislation on future of academic research, open science, traditional knowledge, and public domain. The Duke Law School Conference on Public Domain brought together, for first time, an interdisciplinary group of leading scholars studying increasing enclosure (1) of global information commons. In past five years, law review articles have described an information arms race from various perspectives, with multiple sides battling for larger shares of global knowledge pool. (2) Information that used to be free is now increasingly being privatized, monitored, encrypted, and restricted. The enclosure is caused by conflicts and contradictions between property laws and expanded capacities of new technologies.(3) It leads to speculation that records of scholarly communication, foundations of an informed, democratic society, may be at risk. This intellectual land-grab(4) is an outcome of new technologies and global markets. Distributed digital technologies have dual capacity to increase access to information while in some instances restricting such access. These technologies have generated greater access to important information about history, science, art, literature, and current events, while at same time enabling profit-oriented firms to extract value from resources previously held in common and to establish property rights.(5) Multiple forces are vying for capture and restriction of traditionally available knowledge: corporations versus indigenous peoples, such as Monsanto owning patent on genetic structure of neem; federal and state governments versus citizens regarding balancing encryption and digital surveillance with individual privacy; universities versus professors as to whether institutions or individuals will own property; and publishers versus libraries in ephemeralization of library collection s through licensing, bundling, and withdrawal of information. This competition for ownership of previously shared resources is not unique to public domain of knowledge. Given opening of vast markets for commodities of all kinds, many natural as well as human-made resources are under pressure. The world's fisheries, for instance, are fighting depletion because of capture capabilities of larger trawlers, wider and finer nets, and larger fleets. Local control of forests throughout world is being increasingly encroached upon by state and private interests, resulting in alarming rates of deforestation. Resultant forest burning is not only rapidly reducing primary growth forests but is also contributing to degradation of global atmosphere as well.(6) Commodification and privatization of natural resources is a trend with virtually all types of resources. And radical changes in structure and process of all natural and human-constructed resources can occur through development of new technologies. (7) The problems are complex, multilayered, and of crucial importance. To direct attention to this evolving situation, James Boyle has called for recreation of public domain, drawing from construct of environment. Like environment, he writes, the public domain must be invented before it can be saved. (8) A greater depth of understanding of public domain requires concept to be more deeply analyzed and clarified. It is a logical step, therefore, to draw from fruitful research and analytical methods applied to study of common-pool resources (CPRs) and natural resource management. The goal of this article is to summarize lessons learned from a large body of international, interdisciplinary research on common-pool resources in past twenty-five years and consider its usefulness in analysis of scholarly information as a resource. …

The public domain: enclosing the commons of the mind

2009-07-01

James Boyle

and many, many others helped out-sometimes without knowing it, but often at the cost of the scarcest of all resources: time.Amidst a brilliant group of research assistants, Jordi Weinstock and … and many, many others helped out-sometimes without knowing it, but often at the cost of the scarcest of all resources: time.Amidst a brilliant group of research assistants, Jordi Weinstock and David Silverstein stood out.Jordi showed a dogged ability to track down obscure 1950s songs that was almost scary

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The future of ideas: the fate of the commons in a connected world

2002-09-01

Lawrence Lessig

From the Publisher: The Internet revolution has come. Some say it has gone. What was responsible for its birth? Who is responsible for its demise? In The Future of Ideas, … From the Publisher: The Internet revolution has come. Some say it has gone. What was responsible for its birth? Who is responsible for its demise? In The Future of Ideas, Lawrence Lessig explains how the Internet revolution has produced a counterrevolution of devastating power and effect. The explosion of innovation we have seen in the environment of the Internet was not conjured from some new, previously unimagined technological magic; instead, it came from an ideal as old as the nation. Creativity flourished there because the Internet protected an innovation commons. The Internet's very design built a neutral platform upon which the widest range of creators could experiment. The legal architecture surrounding it protected this free space so that culture and information - the ideas of our era - could flow freely and inspire an unprecedented breadth of expression. But this structural design is changing - both legally and technically. This shift will destroy the opportunities for creativity and innovation that the Internet originally engendered. The cultural dinosaurs of our recent past are moving to quickly remake cyberspace so that they can better protect their interests against the future. Powerful forces are swiftly using both law and technology to tame the internet, transforming it from an open forum for ideas into nothing more than cable television on speed. Innovation, once again, will be directed from the top down, increasingly controlled by owners of the networks, holders of the largest patent portfolios, and, most invidiously, hoarders of copyrights.

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Private Broadcasters and the Public Interest: Notes Toward A 'Third Way'

1998-01-01

Cass R. Sunstein

The communications revolution has thrown into question the value of public interest obligations for television broadcasters. But the distinctive nature of this unusual market--with "winner- take-all" features, with viewers as … The communications revolution has thrown into question the value of public interest obligations for television broadcasters. But the distinctive nature of this unusual market--with "winner- take-all" features, with viewers as a commodity, with pervasive externalities from private choices, and with market effects on preferences as well as the other way around--justifies a continuing role for government regulation in the public interest. At the same time, regulation best takes the form, not of anachronistic command-and-control regulation, but of (1) disclosure requirements, (2) economic incentives ("pay or play"), and (3) voluntary self-regulation through a privately administered code. Some discussion is devoted to free speech and antitrust issues, and to the different possible shapes of liability and property rules in this context, treating certain programming as a public "good" akin to pollution as a public bad.

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To Purchase or to Pirate Software: An Empirical Study

1997-03-01

Hsing Kenneth Cheng , Ronald R. Sims , Hildy Teegen

:Illegal copying of computer software, usually called software piracy, is a prevalent and serious problem. Some researchers attribute the widespread incidence of software piracy to people's attitudes toward piracy behavior … :Illegal copying of computer software, usually called software piracy, is a prevalent and serious problem. Some researchers attribute the widespread incidence of software piracy to people's attitudes toward piracy behavior and peer norms. However, current literature leaves unanswered a fundamental question of why individuals pirate software. The objective of this paper is to identify the underlying reasons why individuals pirate software. We also identify what motivates individuals to purchase software as opposed to pirating it. Understanding why individuals purchase and pirate software has clear value for policy makers to develop effective measures to curb the software piracy problem.

The Genius and the Copyright: Economic and Legal Conditions of the Emergence of the 'Author'

1984-01-01

Martha Woodmansee

Purchasing pirated software: an initial examination of Chinese consumers

2005-10-01

Fang Wang , Hongxia Zhang , Hengjia Zang +1 more

Purpose To analyze Chinese consumers in purchasing pirated software; to establish and empirically validate a model for analyzing consumers in software piracy; and to help software companies understand the software … Purpose To analyze Chinese consumers in purchasing pirated software; to establish and empirically validate a model for analyzing consumers in software piracy; and to help software companies understand the software piracy issue in China and design anti‐piracy strategies. Design/methodology/approach A research model was established by extending a model used by Ang et al. in studying Singaporeans' purchasing pirated CD. A survey was conducted. Hypotheses were tested through stepwise regressions. An exploratory factor analysis was carried out to analyze Chinese consumers' attitude toward software piracy. Findings Four personal and social factors were found important in influencing Chinese consumers' attitude toward software piracy, including value consciousness, normality susceptibility, novelty seeking, and collectivism. Five attitude measures, which were important in influencing consumer purchase intention, were identified as reliability of pirated software, recognized social benefits of piracy, functionality of pirated software, risks of purchasing, and perceived legality of purchasing. An exploratory study identified three attitude attributes. Research limitations/implications As student samples were used, caution needs to be exercised when generalizing findings from this study. Regressions were used to test construct relationships in the model, and the model was not tested as a whole. Practical implications This research provides an in‐depth understanding on Chinese consumers, and the research findings are useful in designing anti‐piracy strategies in China. Originality/value This research is one of the first to examine the Chinese market, which is a focus of piracy problems for the software industries. This research contributes to theory development in developing and testing a model and important constructs, and to industrial practice in providing understanding on Chinese consumers to help design anti‐piracy strategies.

Spot the difference: consumer responses towards counterfeits

2001-06-01

Swee Hoon Ang , Peng Sim Cheng , Elison Ai Ching Lim +1 more

Examines consumers’ motivation for buying counterfeits or pirated goods. The findings indicated that, compared to those who did not buy pirated music CDs, those who bought the counterfeits viewed such … Examines consumers’ motivation for buying counterfeits or pirated goods. The findings indicated that, compared to those who did not buy pirated music CDs, those who bought the counterfeits viewed such purchases as less risky, and trusted stores that sell counterfeits more. They did not see counterfeits as too unfair to singers or the music industry, thought they benefit the society more, and did not see people who buy them as unethical. We also investigated the influence of social, personality, and demographic factors on consumers’ attitude towards piracy. We found that the more value‐conscious and less normatively susceptible one was, and the less integrity one had, the more favorable was one’s attitude towards piracy. Demographic characteristics were also significant in influencing attitude. Males and those from lower income groups held more favorable attitudes. Finally, attitude towards piracy was significant in influencing purchase intention.

Digital Piracy: Factors that Influence Attitude Toward Behavior

2006-01-09

Sulaiman Al‐Rafee , Timothy Paul Cronan

Can Culture Be Copyrighted?

1998-04-01

Michael F. Brown

The digital revolution has dramatically increased the ability of individuals and corporations to appropriate and profit from the cultural knowledge of indigenous peoples, which is largely unprotected by existing intellectual … The digital revolution has dramatically increased the ability of individuals and corporations to appropriate and profit from the cultural knowledge of indigenous peoples, which is largely unprotected by existing intellectual property law. In response, legal scholars, anthropologists, and native activists now propose new legal regimes designed to defend indigenous cultures by radically expanding the notion of copyright. Unfortunately, these proposals are often informed by romantic assumptions that ignore the broader crisis of intellectual property and the already imperiled status of the public domain. This essay offers a skeptical assessment of legal schemes to control cultural appropriation—in particular, proposals that indigenous peoples should be permitted to copyright ideas rather than their tangible expression and that such protections should exist in perpetuity. Also examined is the pronounced tendency of intellectual property debate to preempt urgently needed reflection on the political viability of special‐rights regimes in pluralist democracies and on the appropriateness of using copyright law to enforce respect for other cultures.

Copying and Indirect Appropriability: Photocopying of Journals

1985-10-01

Stan J. Liebowitz

The Theory of Domestic Content Protection and Content Preference

1981-11-01

Gene M. Grossman

Journal Article The Theory of Domestic Content Protection and Content Preference Get access Gene M. Grossman Gene M. Grossman Princeton University Search for other works by this author on: Oxford … Journal Article The Theory of Domestic Content Protection and Content Preference Get access Gene M. Grossman Gene M. Grossman Princeton University Search for other works by this author on: Oxford Academic Google Scholar The Quarterly Journal of Economics, Volume 96, Issue 4, November 1981, Pages 583–603, https://doi.org/10.2307/1880742 Published: 01 November 1981

Permission-based mobile advertising

2002-02-01

Patrick Barwise , Colin Strong

The Effect of File Sharing on Record Sales: An Empirical Analysis

2007-02-01

Felix Oberholzer‐Gee , Koleman Strumpf

For industries ranging from software to pharmaceuticals and entertainment, there is an intense debate about the appropriate level of protection for intellectual property. The Internet provides a natural crucible to … For industries ranging from software to pharmaceuticals and entertainment, there is an intense debate about the appropriate level of protection for intellectual property. The Internet provides a natural crucible to assess the implications of reduced protection because it drastically lowers the cost of copying information. In this paper, we analyze whether file sharing has reduced the legal sales of music. While this question is receiving considerable attention in academia, industry, and Congress, we are the first to study the phenomenon employing data on actual downloads of music files. We match an extensive sample of downloads to U.S. sales data for a large number of albums. To establish causality, we instrument for downloads using data on international school holidays. Downloads have an effect on sales that is statistically indistinguishable from zero. Our estimates are inconsistent with claims that file sharing is the primary reason for the decline in music sales during our study period.

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Software Piracy: An Analysis of Protection Strategies

1991-02-01

Kathleen R. Conner , Richard P. Rumelt

Software piracy by users is generally believed to harm both software firms (through lower profits) and buying customers (through higher prices). Thus, it is thought that perfect and costless technological … Software piracy by users is generally believed to harm both software firms (through lower profits) and buying customers (through higher prices). Thus, it is thought that perfect and costless technological protection would benefit both firms and consumers. The model developed here suggests that in some circumstances, even with significant piracy, not protecting can be the best policy, both raising firm profits and lowering selling prices. Key to the analysis is joining the presence of a positive network externality with the fact that piracy increases the total number of program users. The network externality exists because consumers have an incentive to economize on post-purchase learning and customization costs.

Theory of Planned Behavior and Ethics Theory in Digital Piracy: An Integrated Model

2010-11-20

Cheolho Yoon

The Cultural Life of Intellectual Properties: Authorship, Appropriation, and the Law

1999-11-01

Jonathan Friedman

The Cultural Life of Intellectual Properties: Authorship, Appropriation, and the Law. Rosemary J. Coombe. Durham, NC: Duke University Press, 1998. xi. 462 pp., notes, references, index. The Cultural Life of Intellectual Properties: Authorship, Appropriation, and the Law. Rosemary J. Coombe. Durham, NC: Duke University Press, 1998. xi. 462 pp., notes, references, index.

Buying, Sharing and Renting Information Goods

2000-12-01

Hal R. Varian

Information goods such as books, journals, computer software, music and videos can be copied, shared, resold, or rented. When such opportunities for sharing are present, the content producer will generally … Information goods such as books, journals, computer software, music and videos can be copied, shared, resold, or rented. When such opportunities for sharing are present, the content producer will generally sell a smaller amount at a higher price which may increase or decrease profits. I identify three circumstances where profits increase: (1) when the transactions cost of sharing is less than the marginal cost of production; (2) when content is viewed only a few times and transactions costs of sharing are low; and (3) when a sharing market provides a way to segment high‐value and low‐value users.

Measuring the Effect of File Sharing on Music Purchases

2006-04-01

Alejandro Zentner

File sharing may substantially undermine the intellectual property rights of digital goods. This paper concentrates on the music industry. I estimate the effect of music downloads on the probability of … File sharing may substantially undermine the intellectual property rights of digital goods. This paper concentrates on the music industry. I estimate the effect of music downloads on the probability of purchasing music using a European individual‐level cross section of 15,000 people from 2001. A simple comparison of means shows that people who regularly download music online are more likely to buy music. The positive relationship persists when controlling for observed characteristics. However, simultaneity between tastes for music and peer‐to‐peer usage makes it difficult to isolate the causal effect of music downloads on music purchases. To break that simultaneity, this paper uses measures of Internet sophistication and the speed of the Internet connection as instruments. The results suggest that peer‐to‐peer usage reduces the probability of buying music by 30 percent. On the basis of my estimates, back‐of‐the‐envelope calculations indicate that—without downloads—sales in 2002 would have been around 7.8 percent higher.

Factors that Influence the Intention to Pirate Software and Media

2007-03-27

Timothy Paul Cronan , Sulaiman Al‐Rafee

The Antecedents of Music Piracy Attitudes and Intentions

2005-03-01

Jyh‐Shen Chiou , Chien-yi Huang , Hsin-hui Lee

International Software Piracy: Analysis of Key Issues and Impacts

1998-12-01

Ram D. Gopal , G. Lawrence Sanders

The pervasiveness of software piracy throughout the world is having a profound effect on the software publishing industry and the development of digital intellectual properties and technologies—especially in developing countries, … The pervasiveness of software piracy throughout the world is having a profound effect on the software publishing industry and the development of digital intellectual properties and technologies—especially in developing countries, where the piracy rates are extremely high. An economic model is first presented that incorporates the incentive structures for governments, software publishers, and individual consumers. The analytical model provides the economic rationale for the reluctance of a number of governments to aggressively enact and enforce intellectual property rights. An important proposition derived from the analysis states that the government's incentive to enact and enforce copyright laws are closely related to the size of the domestic software industry. The ensuing empirical study provides support for the proposition and further suggests that this relationship holds regardless of the income levels of the countries. Our analysis reveals that alliances between foreign and domestic software publishers through product relationships can be mutually beneficial and will provide an environment of increased copyright enforcement. These results provide a viable strategy to combat global software piracy. With strong policies on copyright enforcement, and a vigorous promotion of alliances between foreign and domestic publishers, a government can increase the net welfare of the country and help establish a strong domestic software industry. Through product relationships with domestic publishers, a foreign publisher can improve profits and operate in an environment of increased intellectual property protection. We then present a general model of ethical behavior related to the impact of behavioral and cultural factors on software piracy. The purpose of this model is to examine whether these determinants of piracy behavior are supranational and transcend cultural and ethical barriers. An empirical study involving U.S. and Indian graduate students suggests that the general model of ethics as related to software piracy is valid in the United States. However, the model results from the Indian sample suggest that additional cross-cultural research with revised models and improved scales is necessary.

Ethical Decision Making in Software Piracy: Initial Development and Test of a Four-Component Model

2006-01-01

Moores , Chang

Software piracy costs the software industry billions of dollars each year. To better understand piracy, we propose a model of ethical decision making that is an adaptation of the four-component … Software piracy costs the software industry billions of dollars each year. To better understand piracy, we propose a model of ethical decision making that is an adaptation of the four-component model of morality. This model defines four internal processes that result in external moral behavior: recognition, judgment, intention, and behavior. We test our model with a sample of Information Systems students in Hong Kong who provided measures of self-reported behavior regarding levels of buying and using pirated software. Using partial least squares, we investigated the causal pathways of the model and the effects of age and gender. We find that use is determined by buying, buying is determined by intention, and intention is determined by judgment. Although respondents recognized software piracy as an infringement of intellectual property rights, this fact did not affect their judgment of the morality of the act. Significant differences are also found in the ethical decision-making process based on age but only limited differences based on gender. The implications of these results, including the development of a professional ethics program, are discussed.

Rethinking the music industry

2007-04-26

John Williamson , Martin Cloonan

Abstract This article examines a very basic question for popular music studies: what is ‘the music industry?’ It surveys the usage of the term in various arenas and argues that … Abstract This article examines a very basic question for popular music studies: what is ‘the music industry?’ It surveys the usage of the term in various arenas and argues that it is often used in ways which state or imply that the industry is a homogenous unit with shared objectives and interests. However, the reality is that this picture is, at best, outdated and an inaccurate portrayal of the organisational structure of the global music economy in the mid-2000s. In addition, to think of a single ‘music industry’ rather than music industries, plural, is simplistic and does little to aid understanding of those cultural industries which are primarily concerned with the creation, management and selling of music, either as a physical/digital product, a performance, or as a bundle of intellectual property rights. We tease out the implications of this, especially as they relate to understanding what is routinely referred to as ‘the music industry’ and the development of policies for it.

An Economic Analysis of Copyright Law

1989-06-01

William M. Landes , Richard A. Posner

The Uneasy Case for Copyright: A Study of Copyright in Books, Photocopies, and Computer Programs

1970-12-01

Stephen Breyer

Toward a Fair Use Standard

1990-03-01

Pierre N. Leval

Piracy of digital products: A critical review of the theoretical literature

2006-09-15

Martin Peitz , Patrick Waelbroeck

File Sharing: Creative Destruction or Just Plain Destruction?

2006-04-01

Stan J. Liebowitz

The sharing of sound recordings over the Internet is the newest controversy in a long-running battle between copyright owners and copying technologies. In order to provide some context, perspective, and … The sharing of sound recordings over the Internet is the newest controversy in a long-running battle between copyright owners and copying technologies. In order to provide some context, perspective, and background, this paper examines the short history of file sharing, the longer history of record sales, various explanations for the change in record sales, and some analysis of the economics of copying. Although file sharing has been imperfectly and inconsistently measured, it nevertheless appears to reveal a fairly close linkage between changes in file sharing and changes in record sales. Explanations, other than file sharing, for the recent decline in record sales seem to have little or no support. Because economic theories of the impacts of copying hold out little hope for a benign impact of file sharing, these results should not be surprising. These findings reinforce the econometric results from most of an expanding literature.

Why the music industry may gain from free downloading — The role of sampling

2005-12-15

Martin Peitz , Patrick Waelbroeck

A Behavioral Model of Digital Music Piracy

2004-06-01

Ram D. Gopal , G. Lawrence Sanders , Sudip Bhattacharjee +2 more

Abstract The increasing pervasiveness of the Internet, broadband connections, and the emergence of digital compression technologies have dramatically changed the face of digital music. Digitally compressed music files are essentially … Abstract The increasing pervasiveness of the Internet, broadband connections, and the emergence of digital compression technologies have dramatically changed the face of digital music. Digitally compressed music files are essentially a perfect public economic good, and illegal copying of these files has increasingly become rampant. In this article, we present a study on the behavioral dynamics that impact the piracy of digital audio files and provide a contrast with software piracy. Our results indicate that the general ethical model of software piracy is broadly applicable to audio piracy. However, significant enough differences with software underscore the unique dynamics of audio piracy. We highlight practical implications that can help the recording industry to effectively combat piracy and provide future research directions.

Piracy on the High C’s: Music Downloading, Sales Displacement, and Social Welfare in a Sample of College Students

2006-04-01

Rafael Rob , Joel Waldfogel

Recording industry revenue has fallen sharply in the last 3 years, and some—but not all—observers attribute this to file sharing. We collect new data on albums obtained via purchase and … Recording industry revenue has fallen sharply in the last 3 years, and some—but not all—observers attribute this to file sharing. We collect new data on albums obtained via purchase and downloading, as well as consumers' valuations of these albums, among a sample of U.S. college students in 2003. We provide new estimates of sales displacement induced by downloading, using both ordinary least squares and an instrumental variables approach with access to broadband as a source of exogenous variation in downloading. We find that each album download reduces purchases by about .2 in our sample, although possibly by much more. Our valuation data allow us to measure the effects of downloading on welfare as well as expenditure in a subsample of University of Pennsylvania undergraduates, and we find that downloading reduces their per capita expenditure (on hit albums released 1999–2003) from $126 to $101 but raises per capita consumers' surplus by $70.

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Wired Shut

2007-01-01

Tarleton Gillespie

How the shift toward "technical copy protection" in the battle over digital copyright depends on changing political and commercial alignments that are profoundly shaping the future of cultural expression in … How the shift toward "technical copy protection" in the battle over digital copyright depends on changing political and commercial alignments that are profoundly shaping the future of cultural expression in a digital age.While the public and the media have been distracted by the story of Napster, warnings about the evils of "piracy," and lawsuits by the recording and film industries, the enforcement of copyright law in the digital world has quietly shifted from regulating copying to regulating the design of technology. Lawmakers and commercial interests are pursuing what might be called a technical fix: instead of specifying what can and cannot be done legally with a copyrighted work, this new approach calls for the strategic use of encryption technologies to build standards of copyright directly into digital devices so that some uses are possible and others rendered impossible. In Wired Shut, Tarleton Gillespie examines this shift to "technical copy protection" and its profound political, economic, and cultural implications.Gillespie reveals that the real story is not the technological controls themselves but the political, economic, and cultural arrangements being put in place to make them work. He shows that this approach to digital copyright depends on new kinds of alliances among content and technology industries, legislators, regulators, and the courts, and is changing the relationship between law and technology in the process. The film and music industries, he claims, are deploying copyright in order to funnel digital culture into increasingly commercial patterns that threaten to undermine the democratic potential of a network society. In this broad context, Gillespie examines three recent controversies over digital copyright: the failed effort to develop copy protection for portable music players with the Strategic Digital Music Initiative (SDMI); the encryption system used in DVDs, and the film industry's legal response to the tools that challenged them; and the attempt by the FCC to mandate the "broadcast flag" copy protection system for digital television. In each, he argues that whether or not such technical constraints ever succeed, the political alignments required will profoundly shape the future of cultural expression in a digital age.

Social Authorship and the Advent of Print

1999-01-01

Margaret J. M. Ezell

Copyright in Historical Perspective

2020-10-01

L. Ray Patterson

Fair Use as Market Failure: A Structural and Economic Analysis of the "Betamax" Case and Its Predecessors

1982-12-01

Wendy J. Gordon

The text of Fair Use as Market Failure has three times been reprinted in full: in 1 Intellectual Property and Business (Stephen E. Margolis & Craig M. Newmark, eds., Edward … The text of Fair Use as Market Failure has three times been reprinted in full: in 1 Intellectual Property and Business (Stephen E. Margolis & Craig M. Newmark, eds., Edward Elgar Publishing: Business Economics Series. 2010); in 1 The Economics of Intellectual Property 377-434 (Ruth Towse & Rudi W. Holzhauer, eds. Edward Elgar Publishing, 2002); and at 30 Journal of the Copyright Society 253-326 (1983).

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Preventive and Deterrent Controls for Software Piracy

1997-03-01

Ram D. Gopal , G. Lawrence Sanders

:In an attempt to protect their intellectual property and compete effectively in an increasingly dynamic marketplace, software publishers have employed a number of preventive and deterrent controls to counter software … :In an attempt to protect their intellectual property and compete effectively in an increasingly dynamic marketplace, software publishers have employed a number of preventive and deterrent controls to counter software piracy. Conventional wisdom suggests that reducing piracy will force consumers to acquire software legitimately, thus increasing firm profits. We develop an analytical model to test the implications of antipiracy measures on publisher profits. Our results suggest that preventive controls decrease profits and deterrent controls can potentially increase profits. Empirical results are also presented that support the proposition on the impact of deterrent controls on the extent of software piracy derived from the analytical model.

When Fair Use Does Not Cover Educational Tests Containing Copyrighted Works

2025-06-25

| GRUR International

Social media and intellectual property rights

2025-06-24

Luke McDonagh , Akshita Rohatgi | Edward Elgar Publishing eBooks

Intellectual property challenges in the 21st century: A study of digital piracy in the European Union

2025-06-23

Blanca Ma Rubio Alfageme | Intangible Capital

Fair dealing for criticism or review: The burden of under-utilisation in UK academic publishing

2025-06-20

Clare Painter

This dissertation examines the extent to which UK academic publishers have continued to discourage reliance on the fair dealing copyright exception for quotation since its introduction in 2014. This dissertation examines the extent to which UK academic publishers have continued to discourage reliance on the fair dealing copyright exception for quotation since its introduction in 2014.

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Solving hyperlinking dilemma in copyright law by intention: Comparative perspectives

2025-06-19

G. M. Li | The Journal of World Intellectual Property

Abstract This article proposes a binary framework for regulating inline links, as opposed to normal referencing links, in copyright law. On the one hand, it requires that link provider's volition, … Abstract This article proposes a binary framework for regulating inline links, as opposed to normal referencing links, in copyright law. On the one hand, it requires that link provider's volition, defined as willfulness or intentionality, play a role in establishing direct infringement in circumstances of inline linking. This concept has been consistently emphasized across doctrines, judicial decisions, and scholarly commentary in the US, EU, and China. On the other hand, it underlines the importance of respecting the copyright holder's intention regarding whether, to what extent, and how their works should be communicated—an idea that lies at the core of the CJEU's “new public” test. The two elements are logically related: when copyright holders clearly express their communication intentions, link providers gain awareness of whether their linking would contravene those intentions, thereby rendering their actions volitional. By bridging these two elements, the framework proposes that copyright holders be required to publicly declare their intentions concerning the scope of communication. Both concepts operate along a spectrum: the more obviously and explicitly the copyright holder expresses their communication intentions, the more volitional and willful the link provider's act is deemed. Linking in violation of technical measures, or with actual or constructive knowledge of infringement, represents one extreme; linking in violation of special legal measures occupies the middle ground; and linking in violation of ordinary legal measures represents the other extreme. This proposed framework seeks to address the rigidity of the new public test and aims to strike a balance between digital copyright protection and the free flow of information on the Internet facilitated by inline links.

A responsabilidade das plataformas digitais pela violação de direitos autorais: uma análise das redes sociais e dos serviços de streaming

2025-06-17

Nuno M. Reis , Bruna Marcelle Bastos Dias Marinho , Renato Marcelo Resgala Júnior | RCMOS - Revista Científica Multidisciplinar O Saber

This article analyzes the civil liability of digital platforms for copyright infringements committed by their users, particularly on social media and streaming services. The research, of bibliographic and qualitative nature, … This article analyzes the civil liability of digital platforms for copyright infringements committed by their users, particularly on social media and streaming services. The research, of bibliographic and qualitative nature, examines Brazilian and comparative legislation, as well as national and international judicial decisions, in order to understand the boundaries and duties of these companies in content control. It is observed that, although platforms are not directly responsible for content posted by third parties, they may be held liable when they omit to act in the face of evident violations or fail to implement effective monitoring mechanisms. A model of mitigated liability is proposed, aiming to reconcile the protection of copyright with the guarantee of freedom of expression. The study concludes that balancing technological innovation with legal protection requires clear regulation, transparent mechanisms, and cooperation among platforms, users, and rights holders.

Pravo autora na naknadu za davanje na poslugu originala ili umnoženih primeraka autorskih dela

2025-06-15

Nemanja Janković | Pravo i privreda

By adopting the Fee Tariff for the Lending of Originals and Reproduced Copies of Copyrighted Works Published in Printed Form, an attempt was made to implement the authors’ right to … By adopting the Fee Tariff for the Lending of Originals and Reproduced Copies of Copyrighted Works Published in Printed Form, an attempt was made to implement the authors’ right to claim compensation for the lending of originals or reproduced copies of their works by public libraries. Due to the intervention of the professional public, this Tariff was annulled because of certain disputed provisions. Using historical and legal-dogmatic methods, the author examines, in the first part of the paper, the concept and development of the author’s right to claim compensation for the lending of originals or reproduced copies of copyrighted works, a right known in comparative law as the public lending right (PLR). The author also analyses how this right is regulated within the EU and the Serbian Copyright and Related Rights Act. In the second part of the paper, the author provides a critical review of the Tariff, highlighting its key issues. The aim of the paper is to explore ways to implement this right of authors in the future, given that the adopted Tariff has been annulled.

Implementation of “Direct vs Indirect License”: A Comparative Study of Music Licensing Systems between Indonesia and the United States of America

2025-06-14

Ade Syaifullah Fattah , Ridha Wahyuni | Law Development Journal

This study examines the implementation of direct and indirect license systems in copyright royalty management, particularly in the music sector, by comparing the regulatory frameworks of Indonesia and the United … This study examines the implementation of direct and indirect license systems in copyright royalty management, particularly in the music sector, by comparing the regulatory frameworks of Indonesia and the United States. In Indonesia, copyright royalties are predominantly managed through a collective licensing system via LMK (Collective Management Organizations) and LMKN (National Collective Management Organization). Although the legal framework permits licensing directly between creators and users, the lack of explicit regulation on direct licenses creates legal uncertainty and risks overlapping claims. In contrast, the United States recognizes and regulates direct licenses under the Copyright Act of 1976, allowing copyright owners to manage their economic rights independently or through Performing Rights Organizations such as ASCAP, BMI, and SESAC. This legal certainty enables greater flexibility, negotiation power, and transparency for creators and industry stakeholders. The study employs a normative-empirical legal method, combining statutory analysis with interviews, to explore how Indonesia might benefit from clearer legal provisions to support a dual licensing approach. Strengthening legal clarity on direct licensingcould ensure fairness, legal certainty, and adaptability for both creators and music industry actors in Indonesia’s growing creative economy.

Beyond the cost–benefit trade-off: How trust shapes consumers’ decisions to grant permission for personalized marketing content

2025-06-12

Narjes Haj‐Salem , Yousef Damra , Salima Hamouche +2 more | Journal of Marketing Communications

The Role of the "Game of Interests" in the Scope of Copyright Protection

2025-06-06

Faris Mohammad Al-Shammari | Science of law.

This study aims at clarifying the major issues raised by the theory of rights in general, with a focus on the legal framework from the perspective of the interest that … This study aims at clarifying the major issues raised by the theory of rights in general, with a focus on the legal framework from the perspective of the interest that underlies the right, and its relationship between the individual and society. The study highlights intellectual property rights, particularly copyright, due to the special attention granted to such rights by the legislator. The problem addressed in the study lies in identifying. The Game of Interests here faces the challenge of how to weave together the threads of private interest and tie them to public interest within a balanced process, considering that society is built upon these very interests—wherein lies stability. The findings of the study revealed the key regulatory impacts on copyright, as the legislator has set forth rules of balance that contribute to organizing the exploitation and use of rights within the dynamics of the Game of Interests, without causing harm to either the right holder or society. The study recommends narrowing broad exceptions and improving accessibility for marginalized users. It calls for legal reform and international collaboration to address impacts on developing countries.

Music, Digital Transformation, and Intellectual Property in the Global South

2025-06-01

Georgina Born , Andrew Eisenberg | Journal of Popular Music Studies

Encountering Copyright

2025-06-01

Pablo Infante-Amate | Journal of Popular Music Studies

INTELLECTUAL PROPERTY RIGHTS IN THE DIGITAL AGE: ISSUES AND SOLUTIONS

2025-05-31

Nibedita mallick | International Journal of Advanced Research

The rapid advancement of digital technology has revolutionized the creation, distribution, and consumption of intellectual property (IP). At the same time as this alteration has enabled global get admission to … The rapid advancement of digital technology has revolutionized the creation, distribution, and consumption of intellectual property (IP). At the same time as this alteration has enabled global get admission to information and creative content, it has moreover offered massive demanding situations for highbrow property Rights (IPR). Problems which encompass digital piracy, copyright infringement, and the unauthorized distribution of digital content material have come to be great, foremost to economic losses for content material fabric creators, groups, and industries.Moreover, the ease of replication and distribution on line platforms has made enforcement of IPR more complicated, with conventional criminal frameworks suffering to maintain tempo with evolving digital threats. To deal with those demanding situations, the paper proposes a multi-faceted approach that consists of strengthening international felony frameworks, leveraging rising technology together with block chain and synthetic intelligence for digital content protection, and enhancing cooperation between governments, private entities, and content material-sharing systems. Moreover, it emphasizes the function of public awareness in selling moral virtual intake. This paper explores the important thing demanding situations going through IPR in the digital generation, including the constraints of existing felony frameworks, the upward push of counterfeit items in e-trade, and the impact of peer-to-peer file sharing and streaming offerings. It further examines the effectiveness of current Digital Rights Management (DRM) systems and highlights the ethical and economic implications of weak intellectual property protections.By analysing case studies and contemporary trends, this study provides insights into how policymakers and stakeholders can balance innovation with the protection of intellectual property. The findings underscore the need for an international, era-driven, and collaborative technique to safeguarding IPR at the same time as ensuring equitable get admission to expertise and culture within the virtual age.

Operational Considerations for Collective Licensing Frameworks in the Music Publishing Industry

2025-05-30

La Yun Kim | The Columbia Journal of Law & the Arts

A large part of my work is to negotiate and issue blanket music publishing licenses that cover the availability for use of full catalogs of music on behalf of the … A large part of my work is to negotiate and issue blanket music publishing licenses that cover the availability for use of full catalogs of music on behalf of the songwriters and rightsholders my company represents. It should not come as a surprise if I were to say that licensing negotiations often center around what is the appropriate value for the use of music (i.e., ample consideration for the rights granted under contract), and that the economics of a deal take the spotlight. After all, the goal is to get music professionals paid for their work. However, equally important to the success of a deal, and therefore a key component of negotiating a blanket license, is operational—how is the use of music managed, and what are the responsibilities of each of the contracting parties to administer the license and pay the underlying rightsholders. Administering an individual synch license is straightforward—the licensee knows what music will be used and how and relays that to licensor, licensor issues the license, collects payment, and administers the royalties. The thought exercise becomes more complicated with digital service providers (DSPs) whose services and platforms host and make available seemingly limitless quantities of music, where the volume of usage is high or the extent of usage unknowable (or both).

Identifying an “Effectively Competitive” Market: The Work of the Copyright Royalty Board

2025-05-30

David R. Strickler | The Columbia Journal of Law & the Arts

Because the statutes supplant the actual market, the CRB Judges must establish a “hypothetical market” that satisfies the statutory standard. A critical element in that regard is the testimony of … Because the statutes supplant the actual market, the CRB Judges must establish a “hypothetical market” that satisfies the statutory standard. A critical element in that regard is the testimony of the parties’ economists, which consists of various forms of economicThe United States Copyright Royalty Board (“CRB”) establishes royalty rates for compulsory statutory licenses of sound recordings paid by Webcaster licensees to sound recording companies. These rates are set by the government, rather than the market, because the licensed sound recordings are not simply individual copies of discrete sound recordings in competition with each other, but rather are collections of repertoires offered under a blanket license by the major record companies and one independent consortium—who control the vast majority of recordings. Accordingly, coexisting with the efficiencies of collective ownership is the market power of these collectives. Absent a regulatory rate, the collectives, “complementary oligopolies,” can exploit the “Must Have” (essential) nature of their blanket licenses by setting non-competitive royalty rates. When rates are not “effectively competitive,” the market is beset by inefficient and exploitive pricing. It is for this reason that many collective licensors are subject to royalty rate regulation. The fact that unregulated copyright collectives may not achieve an economic optimum establishes the strong theoretical foundation for the regulation of such collectives. The CRB’s three-judge panel is required by statute to “establish rates . . . that would have been negotiated in the marketplace between a willing buyer and a willing seller.” To accomplish this economic task, the Judges preside over adversarial trial proceedings between licensors and licensees. Because the statutes supplant the actual market, the CRB Judges must establish a “hypothetical market” that satisfies the statutory standard. A critical element in that regard is the testimony of the parties’ economists, which consists of various forms of economic modeling. The experts who proffer such testimony are typically well-credentialed economists who have been, inter alia, the highest-ranking economists at the Antitrust Division of the U.S. Department of Justice and distinguished professors of microeconomics and industrial organization. Their direct oral and written testimonies, akin to expert reports, are subject to adverse expert rebuttals, examination by skilled counsel, and inquiries from the Judges, one of whom (the author of this Article), by statute, “shall have significant knowledge of economics.” This Article focuses on a seminal opinion by the CRB Judges, affirmed by the D.C. Circuit: the Web IV Determination holding that the statutory “willing buyer-willing seller marketplace” standard shall reflect the workings of an “effectively competitive” market. In all subsequent CRB royalty rate setting determinations, the Judges have applied this “effective competition” standard to the particular facts of the case.

Chapter Two. LGBTQ+ Programming at the Local Library

2025-05-28

Dannea Nelson , Emily January | SUNY Press eBooks

Digital Goods and the CISG

2025-05-27

Ulrich Magnus

The digital age requires rules for the purchase and sale of digital goods. Do the traditional sales rules—codified or judge-made—still suffice for trading such goods? Only a few years ago, … The digital age requires rules for the purchase and sale of digital goods. Do the traditional sales rules—codified or judge-made—still suffice for trading such goods? Only a few years ago, in 2019, the European Union enacted special norms for these sales by two Directives, although essentially restricted to transactions between businesses and consumers.1 The Member States of the European Union (EU) had to implement the norms of the Directives. For instance, the German legislator included a considerable number of new provisions into the German Civil Code (BGB); partly they are entirely new, partly they replace or modify the formerly applicable ones. The new rules have applied since January 1, 2022. This was the mandatory date on which the new law entered into force in all Member States. The following text pursues whether, in the international arena, the CISG is still fit for the digital age or also needs a digital refurbishment.

Copyright, Self-Censorship, Fair Use, and Documentary Film

2025-05-22

Patricia Aufderheide

Abstract Among the many governmental policies that profoundly affect the choices that documentary filmmakers can make, copyright policy looms large. This article discusses the role of exceptions and limitations to … Abstract Among the many governmental policies that profoundly affect the choices that documentary filmmakers can make, copyright policy looms large. This article discusses the role of exceptions and limitations to copyright monopoly for documentarians, particularly fair use, and particularly in the US context. Copyright especially plays a part in decisions about what to include in a documentary, and researchers have been active in connecting that cultural creation to policy decisions, especially in countries where grant access is crucial or there are institutions dedicated to documentary production, such as the National Film Board of Canada. Documentary filmmakers played an active organizing role in the 2000s to expand their access to their user right of fair use.

The role of risk, religiosity, fairness, and norms on attitude and intention of movie piracy: insight from the perspective of young Indonesian users

2025-05-21

Muh. Azwar Massijaya , Rosmah Mohamed , Anuar Shah Bali Mahomed

Copyright, the moral right of integrity, and marijuana

2025-05-20

Justin Koo

Freedom to assign and the role of collective management societies: interaction between contract law and copyright law

2025-05-20

Roberto Garza Barbosa , Mario Lukinović

Sanctity of contract and fair remuneration in copyright law

2025-05-20

Branislav Hazucha

Setting the table: a taxonomy of intellectual property's interactions with other legal regimes and disciplines

2025-05-20

Rochelle Cooper Dreyfuss

Alternative dispute resolution mechanisms for intellectual property and commercial disputes in the esports industry

2025-05-20

The discursive contributions of debates on intellectual property and human rights

2025-05-20

Peter Klen-Hong Yu

Interaction of copyright and competition law: antitrust intervention of copyright exclusivity and excessive pricing of journal databases as an example

2025-05-20

Yukun Xiao

Copyright and contract: facilitating access to repair information by protecting copyright defences from ‘contracting out’

2025-05-20

Leanne Wiseman

Administrative law principles in the service of copyright law

2025-05-20

Orit Fischman-Afori

Navigating the Boundaries of Digital Platform Content Regulation in New Zealand

2025-05-18

Bronwyn Howell , Petrus H. Potgieter

This article examines the complexities of implementing online content regulation in a small jurisdiction such as New Zealand. Three attempts at hate speech and online content regulation have faltered, in … This article examines the complexities of implementing online content regulation in a small jurisdiction such as New Zealand. Three attempts at hate speech and online content regulation have faltered, in part due to the difficulty of crafting precise legal definitions and different possible conceptions of harm. The ‘safer online services and media platforms’ policy is the most recent. Given New Zealand’s limited market size and the global reach of online platforms, enforcing local content standards is both impractical and potentially ineffective. Most content originates offshore, beyond the scope of domestic legislation, and technological solutions to tailor content to individual user groups are costly and easily circumvented. Existing domestic laws and voluntary industry codes combined with the spillover effects of regulations in larger jurisdictions and international multi-stakeholder efforts likely offer more effective solutions then local legislation. Hence, fostering international cooperation, leveraging global standards and encouraging voluntary compliance should be encouraged.

Backmatter (Publication Ethics, Copyright Transfer Agreement for Publishing Form)

2025-05-17

Istadi Istadi

Backmatter (Publication Ethics, Copyright Transfer Agreement for Publishing Form) Backmatter (Publication Ethics, Copyright Transfer Agreement for Publishing Form)

A New Meaning for Editing:

2025-05-15

| Modern Humanities Research Association eBooks

An Analysis of the Role of Nigerian Copyright Commission as a Designated Relevant Organisation under the Proceeds of Crime Act, 2022

2025-05-15

Uche Darlington Okeke , Chukwubuikem I. Obianyo , Solomon Vendaga Ater | Global Journal of Politics and Law Research

This study investigated the nexus between copyright offences and criminal proceeds in Nigeria. It focused on the expanding role of the Nigerian Copyright Commission (NCC) as a designated Relevant Organisation … This study investigated the nexus between copyright offences and criminal proceeds in Nigeria. It focused on the expanding role of the Nigerian Copyright Commission (NCC) as a designated Relevant Organisation (RO) under the Proceeds of Crime (Designation of Nigerian Copyright Commission as a Relevant Organisation) Order, 2025. The Order is made pursuant to section 81 of the Proceeds of Crime (Recovery and Management) Act, 2022 (POCA). The study highlighted the growing prevalence of copyright infringements. The highlight includes their significant economic implications, particularly in the digital era where such offences can presumably be linked to organised crime and money laundering. The objective was to examine how NCC’s powers have evolved from traditional civil enforcement to include criminal prosecution and asset recovery within Nigeria’s broader anti-money laundering framework. The research found that copyright offences, while not explicitly listed as predicate offences under anti-money laundering laws, are effectively treated as such due to their association with illicit financial gains. It further found that the designation of NCC under POCA is to enhance enforcement capabilities. This will empower NCC to conduct asset tracing, seizure, and management connected to copyright violations. The study recommended strengthening institutional collaboration between NCC and financial intelligence agencies, improving legal frameworks to explicitly include copyright offences as predicate crimes, and enhancing capacity-building for effective enforcement. In conclusion, NCC’s integrated enforcement role is pivotal in disrupting the economic benefits of copyright crime and advancing Nigeria’s fight against organised economic offences.

Authorship Disputes: An Endemic Plague

2025-05-14

Miltos K. Lazarides , Νικόλαος Παπάνας

2 BE or not 2 BE reproducible: The Belgian Reproducibility Network as part of the European Network of Reproducibility Networks

2025-05-14

Ginette Lafit , Rrita Bajraktari , Christophe Phillips +1 more

Los Jugadores Dominantes En Las Plataformas Digitales Y Los Riesgos Para La Protección De Los Derechos De Autor Y La Libertad De Competencia Es Necesario Aprobar Más Regulación

2025-05-13

Beatríz Bugallo Montaño

El objetivo de este trabajo es analizar el rol del jugador dominante en las plataformas digitales, en el contexto de los desafíos que sus decisiones estratégicas presentan para la libertad … El objetivo de este trabajo es analizar el rol del jugador dominante en las plataformas digitales, en el contexto de los desafíos que sus decisiones estratégicas presentan para la libertad de competencia en los casos especiales que involucran obras protegidas por Derecho de autor. Se presenta el marco normativo convergente donde tienen lugar estos actos de oferta en el mercado, así como el concepto clave de jugador dominante. Partiendo de la enumeración de los efectos de la innovación tecnológica en la actividad empresarial de la plataforma, se identifican y explican algunos de los riesgos considerando las obras y el Derecho de autor involucrado. Posteriormente se plantean los posibles caminos para atender esta situación que desde la doctrina y las políticas públicas se estudia. Finalmente, se formulan reflexiones personales sobre si la regulación dirigida a los jugadores dominantes puede resultar útil y cuál sería su alcance.

Direitos do autor no âmbito das tecnologias de informação e comunicação em Moçambique

2025-05-13

Raul de Miguel Benjamim Jofrisse Nhamitambo

This research aims to address Copyright in the Scope of Information and Communication Technologies in Mozambique. With the rise of information and communication technologies (ICTs), new challenges and opportunities have … This research aims to address Copyright in the Scope of Information and Communication Technologies in Mozambique. With the rise of information and communication technologies (ICTs), new challenges and opportunities have emerged for the protection of these rights. Copyright infringement occurs when someone uses a work protected by copyright without the permission of the rights holder, thus infringing on their exclusive rights. This may include unauthorized reproduction, distribution, public display, adaptation or performance of a protected work. In the face of the Internet, the dilemmas to be faced have multiplied, notably the clash between freedom of information, knowledge and entertainment, on the one hand, and, on the other, the protection of the creator and the consequent investment, as well as the way in which this dynamic occurs and which will lead to the consideration of the much-desired balance of Copyright Law. Copyright, also known as copyright, is the right that every creator of an intellectual work has over his or her creation. This right protects literary, artistic and scientific works, giving the author the power to authorize the use of his work, whether for purposes of reproduction, distribution, adaptation or others.

Analysing the legal meaning of ‘copying’ through an empirical study of UK substantial similarity copyright cases and psychological explanations of litigant trends

2025-05-12

Ann Luk

Abstract The substantial similarity test has been criticized as difficult to apply. Nevertheless, it plays a central role in deciding the extent to which works similar to existing copyright works … Abstract The substantial similarity test has been criticized as difficult to apply. Nevertheless, it plays a central role in deciding the extent to which works similar to existing copyright works are improper copies or new works that should be allowed. This article provides an empirical analysis of UK substantial similarity copyright cases, contributing to this discussion by revealing how this test is applied in practice. What type of substantial similarity copyright cases tend to be brought by litigants, what factors are relevant in the judgments and what patterns of claimant and defendant losses are revealed? It finds that courts are slightly more likely to find no copyright infringement, largely due to defendants successfully arguing that similarities are commonplace and/or that they created the work independently. However, defendants are likely to lose at the substantial similarity stage where courts find there has been copying and that such copying is substantial. Adopting an interdisciplinary approach, the article argues that the results reflect psychological findings of human tendency to overvalue their own creativity and that courts adopt an approach to creativity that reflects a psychological approach to creative processes. The article demonstrates how this psychological framework of the processes involved in creativity can illuminate our understanding of the idea/expression divide and its common criticisms.

The compliance of the fair use clause in the South African copyright amendment bill with the three-step test and the constitution of South Africa

2025-05-12

Malebakeng Forere

Abstract This contribution distinguishes fair dealing in the Copyright Act from fair use in the Copyright Amendment Bill to assess the differences between them, given the contestation around the proposed … Abstract This contribution distinguishes fair dealing in the Copyright Act from fair use in the Copyright Amendment Bill to assess the differences between them, given the contestation around the proposed fair use clause in South Africa. The contribution then considers whether the fair use clause in the Bill complies with South Africa’s international obligations encapsulated in the three-step test of the Berne Convention and the Agreement on the Trade-Related Aspects of Intellectual Property Rights. Furthermore, this paper analyses whether the proposed fair use clause complies with the Constitution of the Republic of South Africa. Relying on the World Trade Organization cases, which are USA—section 110 (5) of the US Copyright Act, and Canada—Patent Protection of Pharmaceutical Products, the paper finds that the proposed fair use clause in the Copyright Amendment Bill falls short of the three-step test, noting further that the Bill does not include a provision requiring a limitation of copyright to comply with the three-step test. Regarding the constitutionality of the impugned fair use provision, this contribution finds that fair use amounts to an arbitrary deprivation of copyright in protected works, especially the rights of adaptation and reproduction, particularly because the proposed fair use clause does not pass muster in terms of the three-step test. This contribution concludes that fair use is unconstitutional as it enables the deprivation of copyright without the law of general application and compensation, contrary to the Constitution of the Republic of South Africa and indeed as required by Article 9.2 of the Berne Convention and Article 13 of the Agreement on the Trade-Related Aspects of IP Rights.

ESPN's Broadcast Rights Protection in Intellectual Property Law Over World Cup Broadcast Piracy

2025-05-11

Albert Hasoloan Limbong

Television broadcast piracy, especially in the broadcast of the World Cup by ESPN, has become a growing problem along with the advancement of digital technology. Broadcasting rights as part of … Television broadcast piracy, especially in the broadcast of the World Cup by ESPN, has become a growing problem along with the advancement of digital technology. Broadcasting rights as part of Intellectual Property Rights (IPR) have high economic value and have received legal protection through various regulations, such as Law Number 28 of 2014 concerning Copyright and Law Number 1 of 2024 concerning Information and Electronic Transactions (UU ITE). However, the challenges in law enforcement are still quite substantial, especially related to cross-border piracy, difficulties in blocking illegal sites, and low public awareness of the impact of piracy. The Indonesian government, through the Ministry of Communication and Information (Kominfo), has made efforts to combat piracy by blocking illegal sites and implementing the "Trusted Flagger" mechanism. Meanwhile, broadcasting rights holders such as ESPN are also trying to protect their rights by collaborating with law enforcement and utilizing digital detection technology. This study highlights regulatory weaknesses that still need to be improved and recommends more effective policies, including strengthening international cooperation, implementing artificial intelligence-based technology to monitor illegal content, and increasing public education about broadcasting rights and the impact of piracy.

Sustaining the competitive edge: rationalized knowledge hiding and the protective power of intellectual property

2025-05-08

Muhammad Waseem Bari

Purpose The knowledge-sharing process helps innovation simultaneously as open transparency poses the risk of disclosing essential proprietary information. Existing research overlooks the strategic value of rationalized knowledge hiding in sustaining … Purpose The knowledge-sharing process helps innovation simultaneously as open transparency poses the risk of disclosing essential proprietary information. Existing research overlooks the strategic value of rationalized knowledge hiding in sustaining competitive advantage. The research establishes how rationalized knowledge hiding defends resources alongside informal intellectual property practices while studying knowledge management within competitive settings. Drawing on the conservation of resources theory, this study investigates the impact of rationalized knowledge hiding on sustainable competitive advantage. Besides, the mediating role of informal intellectual property protection practices in the said relationship. Design/methodology/approach This study collected data from 545 employees working in information technology firms with two time lags to minimize bias related to common methods and evaluate the developed theoretical model using Partial Least Squares Structural Equation Modeling. SmartPLS 4 was used to analyze the complex mediation pathways and check the theoretical model’s robustness. Findings The findings reveal that rationalized knowledge hiding has a significant positive impact on sustainable competitive advantage. When strategically managed, rationalized knowledge hiding can contribute to sustainable competitive advantage. Informal intellectual property protection practices partially mediate this relationship. Practical implications Informal intellectual property protection practices, such as job rotation, four-eyes check, cultural values and trust, play a vital mediating role in this relationship. Organizations should understand the strategic value of rationalized knowledge hiding and foster a culture that supports informal intellectual property protection mechanisms. Originality/value This study extends the conservation of resources theory to the organizational context. It provides valuable insights for supervisors in information technology firms and signifies that a sensible approach to knowledge management, including sharing and hiding strategies, can increase competitive advantage.

Women in Piracy. Experimental Perspectives on Copyright Infringement

2025-05-03

Gianna Lotito , Anna Maffioletti , Matteo Migheli +1 more

Abstract This paper presents a behavioural investigation into music piracy using experimental data, to our knowledge one of the few studies of its kind. Employing experimental methods, we elicited preferences … Abstract This paper presents a behavioural investigation into music piracy using experimental data, to our knowledge one of the few studies of its kind. Employing experimental methods, we elicited preferences for legal and burned CDs, alongside hypothetical choices for further consumption behaviours such as downloading music. The subjects were university students, deemed the most appropriate sample for analysing legal and illegal music consumption patterns. We focus on how gender influences copyright infringement, specifically examining differences between men and women in their piracy behaviours. The results reveal significant gender disparities: women engage in piracy less frequently than men. However, once they do engage in illegal behaviour, that is, once they start to download music files illegally, the number of such files does not differ between men and women. Both genders perceive original CD prices as unfair, but women express stronger feelings of unfairness and place more value on legality. Women’s reluctance toward piracy seems driven by ethical concerns, while men place greater value on the product’s originality. In this context, our paper aims to provide valuable insights for policymakers, offering tools to develop more effective legal strategies while shedding light on a specific aspect of economic behaviour.

'I'm Categorizing LLM as a Productivity Tool': Examining Ethics of LLM Use in HCI Research Practices

2025-05-02

Shivani Kapania , Ruiyi Wang , Toby Jia-Jun Li +2 more

Large language models are increasingly applied in real-world scenarios, including research and education. These models, however, come with well-known ethical issues, which may manifest in unexpected ways in human-computer interaction … Large language models are increasingly applied in real-world scenarios, including research and education. These models, however, come with well-known ethical issues, which may manifest in unexpected ways in human-computer interaction research due to the extensive engagement with human subjects. This paper reports on research practices related to LLM use, drawing on 16 semi-structured interviews and a survey with 50 HCI researchers. We discuss the ways in which LLMs are already being utilized throughout the entire HCI research pipeline, from ideation to system development and paper writing. While researchers described nuanced understandings of ethical issues, they were rarely or only partially able to identify and address those ethical concerns in their own projects. This lack of action and reliance on workarounds was explained through the perceived lack of control and distributed responsibility in the LLM supply chain, the conditional nature of engaging with ethics, and competing priorities. Finally, we reflect on the implications of our findings and present opportunities to shape emerging norms of engaging with large language models in HCI research.

Copyright In The Digital World

2025-05-01

Apoorva Singh

A new liability paradigm for online platforms in EU copyright law

2025-05-01

João Pedro Quintais