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Papers by Oleksandr Bulayenko

This Interim Report refers to Task3.2. of Work Package 3–"Authors and Performers". This... more This Interim Report refers to Task3.2. of Work Package 3–"Authors and Performers". This Task is titled"The Growing Role of AI machines as Producers of Literary and Artistic Works: Challenges to Human Authorship". As we describe below, in light of the evolution of policy in scholarship in this field we have adjusted the focus of the task to better reflect these developments and provide an original contribution to this emerging debate. The aim of the Interim Report is to briefly describe the outline and structure of the final reportD3.5 Final report on the impact of IA authorship expected to be released on M21. From a substantive perspective, it maps out at a high level the state of our work thus far and our main avenues of research going forward, including empirical research through interviews.The Interim Report serves to obtain internal peer-reviewers' input on the: •study scope, and in particular topics excluded from our analysis; •study structure, its clari...

SSRN Electronic Journal, 2022

SSRN Electronic Journal, 2016

Among its key features, the European Commission's planned copyright reform proposes to introduce ... more Among its key features, the European Commission's planned copyright reform proposes to introduce in EU copyright law neighbouring rights for press publishers. 1 This proposal is (i) contrary to the objective of creating a Single Digital Market, (ii) detrimental for authors' interests, and (iii) does not solve any systemic issues of the EU copyright system for the reasons stated below.  The Directive Proposal-and the documents accompanying it-fail to explain how an additional layer of 28 national rights might promote the Digital Single Market. Rather, the proposal poses further challenges related to the territoriality of rights and their fragmentation. In addition, as there is already no uniform approach to exceptions or limitations to 28 national authors' rights, 28 additional national rights for publishers will suffer the same uncertainty, making the Digital Single Market harder to reach.  Granting rights to ever more actors will reduce the economic value of each right covering essentially the same economic use. While the Impact Assessment accompanying the Directive Proposal concludes that the "introduction of a related right covering digital uses of press publications is not expected to generate higher licence fees for online service providers", it fails to assess the impact of the Directive Proposal on authors. As the "pie" does not get any bigger, the authors' share will inevitably decrease. Ultimately, this might undermine the overall functioning of the copyright system, especially because it should primarily secure fair remunerations to creators (rather than only compensate the investment of rightholders), while at the same time providing access to users.  In this regard, the Impact Assessment fails to demonstrate a causal link between publishers' revenues and investments and granting them neighbouring rights to press publications-and/or promoting mechanisms facilitating initial ownership of authors' rights by publishers. In contrast, recent empirical evidence from national implementation of publishers' neighbouring rights confirmed a negative impact on small publishers, while news aggregators might have a positive effect on online news sites. This might have negative repercussions on plurality of sources, users' access to information-and therefore on democratization. Also, increasing barriers to innovation and desincentivizing new business models might be an additional effect of the reform.  The Directive Proposal does not limit the subject matter to publications presently protected by authors' rights. It goes far beyond, restricting, for example, uses of works in the public domain. Lifting materials out of the public domain has unwanted consequences, impinging greatly on freedom of expression and democratization, while favouring centralization of information.  Any economic input into the value chain of creative activities does not merit the grant of a property right. Also, a grant of a neighbouring right to one economic actor cannot be a reason for granting such right to another one. Moreover, the Directive Proposal does not follow any meaningful logic of investment reward, since it proposes to grant rights to any publication, even those that do not involve any substantive investment. For example, publication of any trivial information on a "news website" will be sufficient for the grant of neighbouring rights;  Finally, in any event, if this proposal is ever going to be approved, the scope of protection-extending also to non-commercial uses-and the term of protection are overbroad.

Journal of Intellectual Property Law & Practice, 2021

This article provides an overview of the legal framework that applies to website blocking injunct... more This article provides an overview of the legal framework that applies to website blocking injunctions in Europe. It highlights how enforcement tools constantly adapt to changes in infringement practices by expanding the arsenal of injunctions made available to rightholders. This adaptation occurs on different levels via legislative, judicial, administrative and soft law developments with the introduction of new measures that guarantee more prompt and efficient responses to infringement threats. From static, responses have increasingly become dynamic and live, to meet novel forms of infringement online, such as illegal broadcasting of live (sports) events. However, promptness and efficacy of enforcement responses often fit poorly with fundamental rights protection and proportionality of measures.

New data are created by the quintillions of bytes every day. This explosion of data makes possibl... more New data are created by the quintillions of bytes every day. This explosion of data makes possible fast-developing machine learning and artificial intelligence technology. These technologies thrive on repurposing and processing big data streams. In the big data era, orienting within this magma of online data has become an extremely complex but crucial task, leading to complex issues in terms of regulation of this new environment. According to the European Commission, the European data economy—also frequently referred to as the “fourth industrial revolution”—is a great opportunity for growth as “Big Data considerably improves decision-making capabilities and, ultimately organizational performances.” Text and data mining (TDM) thus serves as an essential tool to navigate the endless sea of online information in search of this invaluable treasure that big data might hold for the European economy. Some studies have estimated that it could create value in excess of hundreds of billions o...

European Intellectual Property Review, 2015

European Intellectual Property Review, 2017

This article discusses the proposed introduction in EU law of neighbouring rights for press publi... more This article discusses the proposed introduction in EU law of neighbouring rights for press publishers for the digital uses of their publications. This proposal is included in the European Commission’s Draft Directive on copyright in the Digital Single Market of 14 September 2016, which forms an important part of the ongoing reform of copyright at EU level. This article highlights the challenges for the Digital Single Market associated with the establishment of an additional layer of 28 national rights and their related exceptions and limitations. By reference to the “pie theory”, it also shows how this proposal risks redistributing resources from creators to publishers. Further, this article underlines the missing causal link between the proposed reform and market efficiency justifications. In contrast, existing empirical evidence shows negative externalities for smaller publishers and users at large. This evidence — together with the enclosure of the public domain that comes from ...

The Centre for International Intellectual Property Studies (CEIPI) is an institute devoted to edu... more The Centre for International Intellectual Property Studies (CEIPI) is an institute devoted to education and research in intellectual property and is a constituent part of the University of Strasbourg. CEIPI analyses and comments the main developments in the area of intellectual property at national, European and international levels. From this perspective, the Resolution adopted by the European Parliament on 9th July 2015 on the implementation of Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society, and more generally any step towards copyright reform in the European Union, is of particular interest to CEIPI, which hereby intends to react on the content of the Resolution.

The European Commission’s planned copyright reform proposes to adapt EU law to the challenges eme... more The European Commission’s planned copyright reform proposes to adapt EU law to the challenges emerging in the Digital Single Market (DSM). The European Commission would like to develop a—much needed—strategy to take copyright into the 21st century and make it functional to the DSM. In particular, new mandatory exceptions and limitations should contribute to improving the digital environment’s creative ecosystem. However, the goal of the proposal of lowering barriers to research and innovation in the EU DSM should be pursued more decisively by expanding the reform’s scope. This reform should be an opportunity to consider also additional exceptions and limitations, reflect on the future design of an opening clause, and achieve true harmonisation of the DSM by declaring mandatory all limitations and exceptions provided in past EU copyright instruments. Against this background, this paper would like to provide a preliminary assessment of the introduction of new exceptions and limitation...

JIPITEC 9 (2019) 3 - Renaissance genius Pico della Mirandola dreamed of making all knowledge acce... more JIPITEC 9 (2019) 3 - Renaissance genius Pico della Mirandola dreamed of making all knowledge accessible in one place. The Proposal for a Directive on Copyright in the Digital Single Market could help Pico’s dream come true. The proposal, inter alia, aims at facilitating wider access to Europe’s cultural heritage through the introduction of a mechanism enabling the use of out-of-commerce works by cultural heritage institutions in the digital environment. After examining the key elements of this mechanism, this Opinion critically discusses the definition of the scope of search required for es-tablishing the out-of-commerce status of works, the requirement of the representative character of collective management organisations, and the non-application of the mechanism to third-country works. This Opinion also looks into the coordination between the CJEU’s Soulier decision and the Directive Proposal, with special emphasis on the sufficiency of general publicity measures, and the creation...

SSRN Electronic Journal

The Centre for International Intellectual Property Studies (CEIPI) is an institute devoted to edu... more The Centre for International Intellectual Property Studies (CEIPI) is an institute devoted to education and research in intellectual property and is a constituent part of the University of Strasbourg. CEIPI has a research team that studies and analyses the main developments in the area of intellectual property at national, European, European Union and international levels. From this perspective, the public consultation on the review of the European Union copyright rules is of particular interest to CEIPI which hereby submits its opinion to the Commission. Indeed, while determining the future contours of copyright in the European Union, the Commission should consider carefully academic studies and analysis. In this regard, one of the objectives of this response is to emphasise that substantial academic work is needed to determine the possibility and implementation of a unitary copyright title in the European Union.

IIC - International Review of Intellectual Property and Competition Law

This Interim Report refers to Task3.2. of Work Package 3–"Authors and Performers". This... more This Interim Report refers to Task3.2. of Work Package 3–"Authors and Performers". This Task is titled"The Growing Role of AI machines as Producers of Literary and Artistic Works: Challenges to Human Authorship". As we describe below, in light of the evolution of policy in scholarship in this field we have adjusted the focus of the task to better reflect these developments and provide an original contribution to this emerging debate. The aim of the Interim Report is to briefly describe the outline and structure of the final reportD3.5 Final report on the impact of IA authorship expected to be released on M21. From a substantive perspective, it maps out at a high level the state of our work thus far and our main avenues of research going forward, including empirical research through interviews.The Interim Report serves to obtain internal peer-reviewers' input on the: •study scope, and in particular topics excluded from our analysis; •study structure, its clari...

SSRN Electronic Journal, 2022

SSRN Electronic Journal, 2016

Among its key features, the European Commission's planned copyright reform proposes to introduce ... more Among its key features, the European Commission's planned copyright reform proposes to introduce in EU copyright law neighbouring rights for press publishers. 1 This proposal is (i) contrary to the objective of creating a Single Digital Market, (ii) detrimental for authors' interests, and (iii) does not solve any systemic issues of the EU copyright system for the reasons stated below.  The Directive Proposal-and the documents accompanying it-fail to explain how an additional layer of 28 national rights might promote the Digital Single Market. Rather, the proposal poses further challenges related to the territoriality of rights and their fragmentation. In addition, as there is already no uniform approach to exceptions or limitations to 28 national authors' rights, 28 additional national rights for publishers will suffer the same uncertainty, making the Digital Single Market harder to reach.  Granting rights to ever more actors will reduce the economic value of each right covering essentially the same economic use. While the Impact Assessment accompanying the Directive Proposal concludes that the "introduction of a related right covering digital uses of press publications is not expected to generate higher licence fees for online service providers", it fails to assess the impact of the Directive Proposal on authors. As the "pie" does not get any bigger, the authors' share will inevitably decrease. Ultimately, this might undermine the overall functioning of the copyright system, especially because it should primarily secure fair remunerations to creators (rather than only compensate the investment of rightholders), while at the same time providing access to users.  In this regard, the Impact Assessment fails to demonstrate a causal link between publishers' revenues and investments and granting them neighbouring rights to press publications-and/or promoting mechanisms facilitating initial ownership of authors' rights by publishers. In contrast, recent empirical evidence from national implementation of publishers' neighbouring rights confirmed a negative impact on small publishers, while news aggregators might have a positive effect on online news sites. This might have negative repercussions on plurality of sources, users' access to information-and therefore on democratization. Also, increasing barriers to innovation and desincentivizing new business models might be an additional effect of the reform.  The Directive Proposal does not limit the subject matter to publications presently protected by authors' rights. It goes far beyond, restricting, for example, uses of works in the public domain. Lifting materials out of the public domain has unwanted consequences, impinging greatly on freedom of expression and democratization, while favouring centralization of information.  Any economic input into the value chain of creative activities does not merit the grant of a property right. Also, a grant of a neighbouring right to one economic actor cannot be a reason for granting such right to another one. Moreover, the Directive Proposal does not follow any meaningful logic of investment reward, since it proposes to grant rights to any publication, even those that do not involve any substantive investment. For example, publication of any trivial information on a "news website" will be sufficient for the grant of neighbouring rights;  Finally, in any event, if this proposal is ever going to be approved, the scope of protection-extending also to non-commercial uses-and the term of protection are overbroad.

Journal of Intellectual Property Law & Practice, 2021

This article provides an overview of the legal framework that applies to website blocking injunct... more This article provides an overview of the legal framework that applies to website blocking injunctions in Europe. It highlights how enforcement tools constantly adapt to changes in infringement practices by expanding the arsenal of injunctions made available to rightholders. This adaptation occurs on different levels via legislative, judicial, administrative and soft law developments with the introduction of new measures that guarantee more prompt and efficient responses to infringement threats. From static, responses have increasingly become dynamic and live, to meet novel forms of infringement online, such as illegal broadcasting of live (sports) events. However, promptness and efficacy of enforcement responses often fit poorly with fundamental rights protection and proportionality of measures.

New data are created by the quintillions of bytes every day. This explosion of data makes possibl... more New data are created by the quintillions of bytes every day. This explosion of data makes possible fast-developing machine learning and artificial intelligence technology. These technologies thrive on repurposing and processing big data streams. In the big data era, orienting within this magma of online data has become an extremely complex but crucial task, leading to complex issues in terms of regulation of this new environment. According to the European Commission, the European data economy—also frequently referred to as the “fourth industrial revolution”—is a great opportunity for growth as “Big Data considerably improves decision-making capabilities and, ultimately organizational performances.” Text and data mining (TDM) thus serves as an essential tool to navigate the endless sea of online information in search of this invaluable treasure that big data might hold for the European economy. Some studies have estimated that it could create value in excess of hundreds of billions o...

European Intellectual Property Review, 2015

European Intellectual Property Review, 2017

This article discusses the proposed introduction in EU law of neighbouring rights for press publi... more This article discusses the proposed introduction in EU law of neighbouring rights for press publishers for the digital uses of their publications. This proposal is included in the European Commission’s Draft Directive on copyright in the Digital Single Market of 14 September 2016, which forms an important part of the ongoing reform of copyright at EU level. This article highlights the challenges for the Digital Single Market associated with the establishment of an additional layer of 28 national rights and their related exceptions and limitations. By reference to the “pie theory”, it also shows how this proposal risks redistributing resources from creators to publishers. Further, this article underlines the missing causal link between the proposed reform and market efficiency justifications. In contrast, existing empirical evidence shows negative externalities for smaller publishers and users at large. This evidence — together with the enclosure of the public domain that comes from ...

The Centre for International Intellectual Property Studies (CEIPI) is an institute devoted to edu... more The Centre for International Intellectual Property Studies (CEIPI) is an institute devoted to education and research in intellectual property and is a constituent part of the University of Strasbourg. CEIPI analyses and comments the main developments in the area of intellectual property at national, European and international levels. From this perspective, the Resolution adopted by the European Parliament on 9th July 2015 on the implementation of Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society, and more generally any step towards copyright reform in the European Union, is of particular interest to CEIPI, which hereby intends to react on the content of the Resolution.

The European Commission’s planned copyright reform proposes to adapt EU law to the challenges eme... more The European Commission’s planned copyright reform proposes to adapt EU law to the challenges emerging in the Digital Single Market (DSM). The European Commission would like to develop a—much needed—strategy to take copyright into the 21st century and make it functional to the DSM. In particular, new mandatory exceptions and limitations should contribute to improving the digital environment’s creative ecosystem. However, the goal of the proposal of lowering barriers to research and innovation in the EU DSM should be pursued more decisively by expanding the reform’s scope. This reform should be an opportunity to consider also additional exceptions and limitations, reflect on the future design of an opening clause, and achieve true harmonisation of the DSM by declaring mandatory all limitations and exceptions provided in past EU copyright instruments. Against this background, this paper would like to provide a preliminary assessment of the introduction of new exceptions and limitation...

JIPITEC 9 (2019) 3 - Renaissance genius Pico della Mirandola dreamed of making all knowledge acce... more JIPITEC 9 (2019) 3 - Renaissance genius Pico della Mirandola dreamed of making all knowledge accessible in one place. The Proposal for a Directive on Copyright in the Digital Single Market could help Pico’s dream come true. The proposal, inter alia, aims at facilitating wider access to Europe’s cultural heritage through the introduction of a mechanism enabling the use of out-of-commerce works by cultural heritage institutions in the digital environment. After examining the key elements of this mechanism, this Opinion critically discusses the definition of the scope of search required for es-tablishing the out-of-commerce status of works, the requirement of the representative character of collective management organisations, and the non-application of the mechanism to third-country works. This Opinion also looks into the coordination between the CJEU’s Soulier decision and the Directive Proposal, with special emphasis on the sufficiency of general publicity measures, and the creation...

SSRN Electronic Journal

The Centre for International Intellectual Property Studies (CEIPI) is an institute devoted to edu... more The Centre for International Intellectual Property Studies (CEIPI) is an institute devoted to education and research in intellectual property and is a constituent part of the University of Strasbourg. CEIPI has a research team that studies and analyses the main developments in the area of intellectual property at national, European, European Union and international levels. From this perspective, the public consultation on the review of the European Union copyright rules is of particular interest to CEIPI which hereby submits its opinion to the Commission. Indeed, while determining the future contours of copyright in the European Union, the Commission should consider carefully academic studies and analysis. In this regard, one of the objectives of this response is to emphasise that substantial academic work is needed to determine the possibility and implementation of a unitary copyright title in the European Union.

IIC - International Review of Intellectual Property and Competition Law