Suchergebnisse

For over a century and with increasing frequency, major controversies have erupted between large distributors of copyrighted works (song publishers, movie studios, record labels, book publishers, etc.) and makers of new technologies for experiencing those works (player piano manufacturers, VCR manufacturers, the creators of file sharing software, Google Books, etc.). Usually, the copyright owners and the technology firms reach a licensing deal-but not without some form of government intervention. Various institutions within the federal government have become involved in these disputes, using a variety of different mechanisms. This Article is a theoretical investigation of government intervention in these content-technology copyright disputes. We analyze government institutions based on the relative ability of each one to gather information about the impact of new technology, the positive and negative consequences of using these institutions in combination, the most favorable time for each institution to intervene during the course of a dispute, and the track record of each institution's success or failure in the copyright context. We argue that some government actions might be able to facilitate, hasten, or otherwise encourage a licensing deal, whereas other government actions might be counterproductive on those dimensions. We then apply our framework to disputes between copyright owners and four technologies as case studies to illustrate the theory: piano rolls, radio, VCRs, and webcasting. Each case study explains in detail the many government institutions that intervened in each dispute, describes the governmental and private actionschronologically, and reflects on the lessons learned from each set of government interventions. Some of the case studies are familiar, but many important details about the nature of various government institutions' intervention have been underappreciated. The dispute over webcasting royalties is less familiar, motivating a comprehensive discussion of the complicated government role in webcasting. The ultimate goal of the Article is to characterize what policy tools should be used to resolve content-technology disputes and when those tools should be deployed. We hope that our framework can be a guide to policymakers within the various governmental institutions currently involved in copyright policy.

The rapid progress of digital media, media market and information technologies poses complicated questions for copyright law. Replication and distribution of digital products and innovations via the internet deprives copyright holders of licensed sales revenue. Intellectual property rights are granted to copyright holders under national laws and regulations. Digital products however are copied and distributed worldwide in the presence of such laws and regulations. Significant developments took place in supporting copyright following the adoption of new international agreements on intellectual property that build upon the Berne Convention for the Protection of Literary and Artistic Works (Berne Convention), usually known as the Berne Convention. This paper aims to examine legislative and other measures needed for protecting creative works in Iran, including the application of international copyright principles. It also reflects on whether the Berne Convention applies to digital media files or not.

Abstract
Copyright can be a major obstacle for cultural institutions regarding digitization and online accessibility, which ultimately leads to the under-exploitation of collections at the expense of society and to a need to support cultural heritage institutions with legislative and/or policy changes or at least clarifications. This contribution is a policy paper that aims to clarify the copyright law principles applicable to museum professionals dealing with digital cultural heritage worldwide, and to formulate policies to facilitate their digital activities. An initial version of this policy paper was published on a dedicated website and led to an international conference held in 2020 in Geneva. Although it is primarily addressed to museums, this policy paper may also serve as guidance to stakeholders in other areas dealing with digital cultural heritage, in particular Galleries, Libraries, Archives and Museums (GLAM). Part I proposes policies directed towards national and international policymakers. Parts II and III are directed towards cultural institutions, and set out a code of conduct that cultural institutions may follow when pursuing digitization and dissemination activities in order to comply with the actual state of the law and minimize the risks associated with these activities (Part II), and an alternative dispute resolution (ADR) procedure to help cultural institutions and rights holders identify issues and reach satisfactory solutions in disputes around digital activities (Part III).***

At its core, copyright is an innovation policy, a competition policy, and a free expression policy. Copyright seeks to balance incentivizing a public good with providing a private interest. Copyright's purpose to catalyze creative expression and innovation is canonical; creativity and innovation are synergetic. Copyright is a means of promoting progress; copyright is not an end in itself. Much like freedom of expression and new innovations are not ends in themselves, copyright protection is not for its own sake. Freedom of expression is often heralded as a means of fostering democratic self-governance, truth, and happiness. Innovation is seen as a means of fostering economic growth, prosperity, development, and happiness. Similarly, copyright is a means of fostering human progress and enriching the public domain from which others can freely draw. The ultimate beneficiary of copyright policy should be the public interest. This Article offers a broad-minded assessment of copyright policy's effects on innovation and free expression before offering some sensible areas for reform.

Abstract
The booming Nigerian music industry is having a tremendous impact on the global music scene, but at the local level it is beset by difficulties brought about by copyright enforcement. The very vibrancy of this industry is attested through numerous kinds of sonic outputs amidst the ongoing process of digitalisation, especially as evidenced by the current mainstream youth-driven hip-hop hybrid music genre known as 'Afrobeats'. However, insufficient attention has been given by scholars to the availability, or lack, of spaces for independent and/or emerging artists to create songs outside the tight control of copyright and intellectual property laws. This is especially true for musicians who produce 'digital mixes'. One issue that comes up rather often in reference to the production and consumption of music in this heavily regulated internet-era context is piracy, which, though ethically problematic, has nevertheless persisted in the absence of meaningful ways to allow independent and emerging artists the freedom to ply their trade.