Symposium Cyberspace and Privacy: A New Legal Paradigm? What the Publisher Can Teach the Patient: Intellectual Property and Privacy in an Era of … (original) (raw)
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Copyright, Freedom of Expression® and Artistic Communication in the Internet Era: The Recorded Music
Based on the case of music in the internet, this paper explores the framework and the parameters of the conflict arising between copyright (in the sense of the protection granted by law to the authors by allowing them to prohibit unauthorized use of their works) and the right of the citizens to be informed. It presents some paradoxes that often result during litigation the degree to which the established legal approach of the peer-to-peer music file exchange complies with recent developments. The paper discusses also the challenges that the internet creates for the recording industry, the phases of the "war on copyright infringement" in which the industry is involved, as well as its strategy. A major asymmetry is actually established in this field: the very notion of intellectual property - being socially constructed (and therefore culturally determined) - is incompatible with new types of practice and new forms of culture that proliferate in the internet and the public "cybersphere". Furthermore, it is incompatible also with cultures ignoring the concepts of individual creativity and of the autonomous and accomplished individual artwork. Finally, the paper discusses some issues which are really at stake and extend far beyond the industry concerns about lost profits.
Position Papers of the 2014 Federated Conference on Computer Science and Information Systems, 2014
The forthcoming European regulation on data privacy penalizes violations by a fine of up to one hundred million euros: European Music Information Retrieval researchers must be compliant with any personal data processes. They are not allowed to transfer personal data to the rest of the world, excepted by using so-called "Safe Harbors". Detection of any personal data is mandatory, and "whether a person is identifiable, account should be taken of all the means reasonably likely to be used to identify or single out the individual directly or indirectly. To ascertain whether means are reasonably likely to be used to identify the individual, account should be taken of all objective factors, such as the costs of and the amount of time required for identification". The paper proposes a roadmap for ISMIR involving:-Methodology (Is "Privacy by Design" a universal solution?);-Epistemology (Are all authorship attribution algorithms separable into data and processes?);-Science (What characterizes a maximal subset from the big data that could not ever be computed by any Turing machine to identify a natural person with any algorithm?); Politics (How can ISMIR influence data privacy policies? Is it possible through some metadata standardization activities?).
Music, Copyright, and Technology: A Dialectic in Five Moments
International Journal of Communication, 2019
This article traces the coevolution of musical culture, law, and technology over the arc of modern Western legal and cultural history, from the Renaissance to the present day. This historical analysis is intended to lend context and substance to contemporary conversations about the role of the Internet and digital production platforms, as well as Internet-based intellectual property laws, such as the Digital Millennium Copyright Act, in shaping contemporary global musical culture. I propose a 5-stage coevolutionary process, based on the dialectical relationships between (1) laws and regulations, (2) market dynamics, (3) codes and practices, (4) music technologies, and (5) concepts of authorship.
Sonic Publics| Music, Copyright, and Technology: A Dialectic in Five Moments
International Journal of Communication, 2019
This article traces the coevolution of musical culture, law, and technology over the arc of modern Western legal and cultural history, from the Renaissance to the present day. This historical analysis is intended to lend context and substance to contemporary conversations about the role of the Internet and digital production platforms, as well as Internet-based intellectual property laws, such as the Digital Millennium Copyright Act, in shaping contemporary global musical culture. I propose a 5-stage coevolutionary process, based on the dialectical relationships between (1) laws and regulations, (2) market dynamics, (3) codes and practices, (4) music technologies, and (5) concepts of authorship.
This chapter is not intended as an update, but rather as an addendum to my chapter in Professor Geist’s previous book on Canadian copy- right reform. In that chapter, I suggested that the upcoming reform should focus on excludability of Internet-based uses, that is the exercise of exclusive copyright to prevent online uses of copyright material. I also suggested that this excludability was technologically problematic. Users empowered by social norms and ever-changing technological tools going well beyond peer-to-peer software, and even relying on the old USENET, circumvent technological protection measures (TPMs), and ultimately access millions of MP3s. Proxies and anonymous clients make the activity increasingly hard to detect and track. Finding more intrusive ways to track Internet usage is not just a technological challenge; it also pits copyright against other rights, including users’ privacy rights and interests. It made sense in the context of that chapter to suggest that more online uses should be permitted (and licensed), where appropriate using a collective model providing licensed access to a repertory of works or other protected subject matter.In this chapter I return to the issue of music file-sharing to see how much progress we have made.
Technology, Copyright Law and the Future: The Contemporary Australian Music Industry
Journal of the Music and Entertainment Industry Educators Association
What effects have recent advances in technology had on the Australian music industry and how has the Australian Copyright Act changed to meet these new technological challenges? What other changes to the law would benefi t the contemporary music industry? The Australian Copyright Act 1968 was designed to protect and encourage the creators of artistic works. Its principal intention was to ensure that artists can profi t from the exploitation of their works. In recent years the Copyright Act has failed to keep up with the changes in technology that have allowed consumers and "pirates" to easily circumvent copyright protection measures. To gain a complete understanding of the impact of technological advances on the Australian music industry that allow music consumers to share digital fi les, burn CDs, change the format of digital music fi les, and post music on websites, it is important to fi rst recognize the exclusive rights that are afforded the owner of Australian copyright in a recorded piece of music. Under Australian Copyright Act 1968, the copyright owner in the music or lyrics has a number of exclusive rights: • To reproduce or publish the work in a material form. (Thanks to recent Digital Agenda Amendments of 2000, this includes digital copies of the work.) • To perform the work in public. • To communicate the work to the public. (This involves causing the work to be broadcast via radio, television, mobile phones, the internet, etc. Again, thanks to the Digital Agenda Amendments, the Copyright Act has moved away from technology-specifi c wording such as diffusion or broadcast.) • To translate or make adaptations to the work.