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One of the joys of reading is being able to share your favourite books with friends, family and colleagues. As I am sure is the case for most people, in these circumstances I often go on to buy my own copy of a book I have been lent and like. In this respect, sharing books …

Walled Culture has just written about the selfish and short-sighted lawsuit that four of the biggest publishers brought against the Internet Archive. Unfortunately, following oral arguments last week, Judge John G. Koeltl has rather quickly found in favour of the former. The Internet Archive has already said that it will appeal against the decision, so …

The central theme of Walled Culture the book (free digital versions) is the clash between copyright, devised for an analogue world, and the Internet, which is inherently digital. There are many manifestations of the the bad fit of the two, but if I had to choose one step that doomed copyright in the online world …

As a Walled Culture post last year noted, publishers hate libraries (well, many of the bigger publishers do, at least.) A handy piece of research entitled “The Publisher Playbook: A Brief History of the Publishing Industry’s Obstruction of the Library Mission” (freely available as a preprint) confirms that the hatred is long-standing: Libraries play an …

Walled Culture is a big fan of the public domain. The amazing artistic uses that people are able to make of material only once it enters the public domain are an indication that copyright can act as an obstacle to wider creativity, rather than something that automatically promotes it. But there’s a problem: because the …

The Walled Culture blog has been writing about the hot topic of generative AI and its impact on copyright for nearly six months now. One of the sharpest commentators on this area is Dr Andres Guadamuz, whom we interviewed a year ago. He’s just written a great blog post about a video by Corridor Crew …

At the heart of Walled Culture the book (available as a free ebook in various formats) is the story of the disgraceful EU Copyright Directive and how it was passed. I won’t go into the details here, except to note that Article 15, aka the snippet tax or the link tax – the idea of …

One of the life’s certainties is that copyright maximalism will continue to encourage absurd rulings by complaisant courts. Here’s a rather spectacular case from Germany. It involves a “photo wallpaper”. For those of you who – like me – aren’t quite sure what that means, it is the name given to wallpapers that are essentially …

Last week Walled Culture mentioned the problem of orphan works. These are creations, typically books, that are still covered by copyright, but unavailable because the original publisher or distributor has gone out of business, or simply isn’t interested in keeping them in circulation. The problem is that without any obvious point of contact, it’s not …

Copyright seems to be a fixture of our legal, economic and social systems. For 300 years, it has formed the backbone of the structures used to incentivise and remunerate creators. During that time, copyright has been extended repeatedly in length and breadth. The original term of the 1710 Statute of Anne – 14 years’ monopoly …

One of the (many) villains in Walled Culture the book (free ebook versions) is the publishing industry, specifically in the context of the transition from analogue books to ebooks. What could have been one of the most important expansions of the power and possibility of the book form became instead its opposite – a diminishment …

To say that AI-generated art is controversial would be something of an understatement. The appearance last year of free tools like Stable Diffusion has not just thrown the world of art into turmoil, it has raised profound questions about the nature of human creativity. AI art also involves thorny issues of copyright that have piqued …

Last week Walled Culture noted that there already are two lawsuits against generative AI systems that are causing such a buzz at the moment. Both those legal actions involved the visual arts, but as this blog noted back in October last year, generative AI is going to have a massive impact across all the creative …

Back in October last year, a Walled Culture post noted that generative AI programs were likely to have a massive impact on both copyright and creation. When programs can produce free texts, images and sounds that are “good enough” for most everyday purposes, copyright becomes largely irrelevant. Creativity is impacted too, but not just in …

One of the key dogmas the copyright industry fights hard to impose on the world is that copyright should trump all other considerations, and in all situations. For its supporters, copyright should even be placed above basic human rights, if ever a clash arises between them. For the most part, legislators and judges have allowed …

Over on his Experimental History blog, which he describes as “cognitive sneezing and interior design for your head“, Adam Mastroianni has two great posts about peer review in science. Wikipedia defines peer review as “the evaluation of work by one or more people with similar competencies as the producers of the work (peers). It functions …

The first day of the year is a special time in the copyright world. It’s when a flood of works whose copyright has expired finally emerge from behind the walls. Exactly when that happens depends on the details of each country’s legislation. Moreover, that legislation can change, with knock-on effects for when works enter the …

Minecraft is the best-selling video game of all time according to Wikipedia, with hundreds of millions of copies sold. The game concludes with the End Poem by the writer and musician Julian Gough, created in 2011. In December 2022, Gough wrote a post on his Substack site “The Egg and the Rock” in which he …

Regular readers of this blog will know that Walled Culture is a fan of the true fans concept – the idea that creators can be supported directly and effectively by the people who love their work. The true fans model has been up and running for some years now, although it hasn’t generally been framed …

One of the central themes here on Walled Culture is that copyright isn’t doing its main job. It is supposed to provide fair remuneration for the work that creators do, and act as an incentive to produce more in the future. But as I explored in Walled Culture the book, the evidence is that copyright …

One of the reasons that copyright is so unbalanced in favour of companies, especially Big Content, is that the process of bringing in new copyright laws is hard for ordinary members of the public to engage with. Typically, new laws come about after government consultations. Although these are public in the sense that they are …

Music streaming services are great – for listeners, who gain access to huge quantities of music, even if they don’t end up owning any of it. But it’s hardly a secret that streaming services produce very little income for the musicians involved – even the big names earn a pittance – with most of the …

One of many problems with the upload filters that Article 17 of the EU Copyright Directive will bring in is that they are likely to overblock. That is, they will stop perfectly lawful materials from being uploaded because of flaws in the filters’ algorithms. Among those blocked lawful materials will certainly be public domain items. …

The legal landscape is already strongly tilted in favour of copyright holders. But that doesn’t stop the copyright maximalists from demanding more ways to enforce their intellectual monopolies. The latest expansion of enforcement powers is doubly concerning. First, because its explicit purpose is to make it even easier to bring cases against alleged copyright infringement. …

We recently wrote about the preliminary decision of Advocate General Szpunar, an advisor to the EU’s Court of Justice of the European Union (CJEU), concerning geoblocks. The same Advocate General (AG) has come out with another opinion, this time concerning important questions of copyright and privacy. The basic issue is whether EU Member States can …

There’s a great post by Brewster Kahle on the Internet Archive blog with the title “Digital Books wear out faster than Physical Books“. He makes an important point about the work involved in providing and preserving digital books: The Internet Archive processes and reprocesses the books it has digitized as new optical character recognition technologies …

This blog has just written about the likely loss of a very particular kind of culture – K-pop live streams. Culture is culture, and a loss is a loss. But potentially we are facing the disappearance of a cultural resource that is indisputably more important. I’m talking about Twitter, and its vast store of tweets …

One of the central ideas of both Walled Culture the blog and Walled Culture the book is that copyright simply doesn’t work in the digital world. One proof of that fact can be found in the ridiculous concept of geoblocks. This is the idea that you can carve up the Internet according to geography, such …

When people speak of culture, and preserving it, they usually mean the works of recognised artistic giants like Shakespeare, Leonardo Da Vinci, Charlie Chaplin, and Miles Davis. They rarely mean things like live streams of Korean pop music, generally known as K-pop. And yet K-pop is undoubtedly an expression – some would say a particularly …

One chapter of my Walled Culture book (free download available in various formats) looks at how the bad ideas embodied in the EU’s appalling Copyright Directive – the worst copyright law so far – are being taken up elsewhere. One I didn’t include, because its story is still unfolding, is Canada’s Bill C-18: “An Act …

A clear demonstration that the EU Copyright Directive is a badly-drafted law is the fact that it has still not been implemented in national legislation by all the EU Member States three years after it was passed, and over a year after the nominal deadline for doing so. That’s largely because of the upload filters …

A couple of weeks ago, Walled Culture wrote about the rapid rise and advance of generative AI in the world of visual arts. One key aspect was its impact on copyright, which emerges as making even less sense in a world where AI programs can knock out an infinite number of images on any topic …

The “true fans” idea has appeared in many posts on this blog, and also makes an appearance in the last chapter of Walled Culture the book, as a viable alternative to copyright and its manifest ills. Kevin Kelly first articulated the true fans idea in 2008, and it was surprisingly soon after that companies started …

One of the heroes of my new book Walled Culture is Paul Ginsparg. In 1991, Ginsparg set up an automated email server while he was a staff member of the Los Alamos National Laboratory. As preprints – early versions of academic papers – were uploaded, the server would send out alerts to subscribers, who could …

A couple of weeks ago, Walled Culture reported on a terrible idea in France: requiring companies to pay for the use of public domain material. As the post explained, this is a subversion of what it means for something to enter the public domain, and a betrayal of the implicit bargain of copyright. Fortunately, the …

Observant readers of this blog may have noticed that the images used to illustrate the posts have changed recently. Previously, I have drawn on photos that were either in the public domain, or released under a minimal Creative Commons licence such as CC-BY 4.0. For reasons best known to itself, Google Image search has gone …

The last chapter of Walled Culture – the book looks at how the many problems of copyright might be mitigated. It concludes with Kevin Kelly’s idea of “1000 true fans“, which has been discussed on this blog previously. One of the most interesting aspects of the true fans idea is that it doesn’t depend on …

J. R. R. Tolkien’s “Lord of the Rings” is one of the best-known and best-loved modern works of literature, not least thanks to Peter Jackson’s films based on the cycle. Given that popularity, it’s no surprise that there was interest in creating adaptations of other Tolkien works. The result is “The Lord of the Rings: …

The public domain is the natural state of creative material. It’s where creations end up once copyright’s monopoly has expired. Crucially, it is the quid pro quo for that monopoly. The deal is that the creator of a work is granted a government-enforced intellectual monopoly for a limited period, after which the work enters the …

Back in April, Walled Culture wrote about Ed Sheeran’s victory in a case alleging copyright infringement. Unfortunately, the copyright world’s obsession with ownership means that Sheeran can’t simply relax now. In fact, he has already been hit with another lawsuit. What makes this case worse is that it is alleged he copied his hit song …

Today is an important day for this blog: Walled Culture – the book – has launched. You can download free copies now in a variety of digital formats. Or, if you prefer, you can order it in a traditional book form from your favourite online bookseller, but I’m afraid that requires a (smallish) payment to …

The good news is that open access publishing, which allows anyone to read academic papers without needing a subscription, is taking over. The bad news is that academic publishers have managed to subvert it, so the victory is proving hollow. That’s confirmed by a new preprint from an international group of researchers: Since the early …

It’s well known that textbook prices are generally high. That’s in part because academic publishers effectively have a monopoly when it comes to standard texts. Very often, there are texts that students simply must have as part of their course, which means they will pay even exorbitant prices. One such book was John McMurry’s Organic …

One of the recurring themes on this blog is the idea of true fans: hard-core supporters of an artist who are willing to send money directly to creators whose work they love. The original idea was expressed most cogently by Kevin Kelly back in 2008: You need to meet two criteria. First, you have to …

On the Pocket site, there’s a fascinating story about fanfic – fan fiction – which Wikipedia defines as “fictional writing written in an amateur capacity by fans, unauthorized by [the original work’s creator or publisher], but based on an existing work of fiction. The author uses copyrighted characters, settings, or other intellectual properties from the …

The EU Copyright Directive contains one of the worst ideas in modern copyright: what amounts to a requirement to filter uploads on major sites.  Despite repeated explanations of why this would cause huge harm to both creators and members of the public, EU politicians were taken in by the soothing words of the legislation’s proponents, …

Alongside death and taxes, one of life’s great certainties is a constant flow of absurd copyright claims. Here’s one from the world of live videogame streaming on the popular Twitch platform, owned by Amazon.  A group of Spanish-speaking streamers organised a gaming event featuring “Project Zomboid“, a zombie survival role-playing game. TorrentFreak explains how copyright …

Back in April, Walled Culture noted that non-fungible tokens (NFTs) offer very little benefit for creators, despite the grand claims made for them.  Since then, the once trendy sector is collapsing, with both NFTs and cryptocurrencies revealing themselves to be little more than scams and pyramid schemes.  But just when you might have hoped that …

Pourquoi protéger les droits d’auteur ? A moins d’être partisan des justifications lockéennes de la propriété intellectuelle (et d’être prêt à assumer leurs conséquences radicales dans le domaine de la propriété matérielle), nombreux sont ceux qui répondraient que la justification la plus forte réside dans l’argument de l’incitation à la création : sans la possibilité pour les …

Meta’s AI division has announced two exciting new projects in the field of machine translation: The first is No Language Left Behind, where we are building a new advanced AI model that can learn from languages with fewer examples to train from, and we will use it to enable expert-quality translations in hundreds of languages, …

Last month, we wrote about the imminent death of digital ownership. In case some people didn’t get the message, Sony’s PlayStation division has just made it crystal clear (translation by DeepL) with the imminent removal of 314 titles in Germany and 137 in Austria from the distributor StudioCanal: As of 31 August 2022, due to …

It’s hardly a secret that upload filters don’t work well. Back in 2017, Felix Reda, then Shadow Rapporteur on the EU Copyright Directive in the European Parliament, put together a representative sample of the many different ways in which filters fail. A recent series of tweets by Markus Pössel, Senior Outreach Scientist at the Max …

Regular readers of this blog will know that we are big supporters of the true fans idea – that artists can thrive by building stronger connections with a core of faithful fans who will support their favourite creators well beyond the level of simply paying them occasionally for their material. Perhaps the earliest and best …

Last year, Walled Culture noted that the academic publisher Elsevier enjoys an astonishing profit margin of 30-40%. Those profits, built on the free labour of academics writing about research that has been largely paid for with public money, has allowed Elsevier to go on a spending spree, buying up companies that complement and extend its …

The indispensable Cory Doctorow, who was the first person to speak with Walled Culture as part of its interview series, has yet another great post that encapsulates a particular aspect of copyright madness: the obsession with ownership. Drawing on his own long experience in writing for magazines, he explains: There was the time that a …

Anyone who watches the Netflix sci-fi drama “Stranger Things” probably also knows about Kate Bush’s song “Running Up That Hill (A Deal With God)“, originally released in 1985. It was always a great song, but now it’s a massively popular great song thanks to the series, as Music Business Worldwide explains: Last week, Running Up …

TorrentFreak has a report about a piece of research – sadly behind a paywall – by Malgorzata Ciesielska and Dariusz Jemielniak, that looks at copyright from an unusual angle. It is based on in-depth interviews with 50 lawyers participating in Harvard’s Master of Laws (LL.M.) programme: Harvard’s LL.M. students include lawyers working in firms, government …

Walled Culture has written a couple of times about lawsuits alleging copyright infringement by Ed Sheeran. Most recently, it noted the good news that a UK judge ruled that Sheeran did not copy ideas from from another song in one of his biggest hits. There’s now what might be called a coda to this story, …

Back in March, Walled Culture reported on Amazon’s acquisition of MGM, and how it was a logical move for the company given that it is seeking to establish itself as one of the main video streaming companies, alongside Netflix and Disney. But in the background, Amazon has achieved something even more remarkable, first noted in …

It is often said that if public libraries did not exist, modern publishers would never allow them to be set up, on the grounds that “clearly” every book loaned out was a sale lost. Fortunately, at the time that public libraries were created in various countries, publishers took a more enlightened view. Unfortunately, today’s publishers …

There’s a fascinating article by Rebecca Jennings on Vox which explores the vexed question of plagiarism. Its starting point is a post on TikTok, entitled “How to EASILY Produce Video Ideas for TikTok.” It gives the following advice: Find somebody else’s TikTok that inspires you and then literally copy it. You don’t need to copy …

An interesting development in the digital world has been the continuing rise of gaming as a hugely popular activity, and a hugely profitable industry. Flowing from that rise and popularity, there is yet another fascinating aspect: streaming games for entertainment. The best-known example of this phenomenon is Twitch, now owned by Amazon. A new paper …

Michael E. Karpeles, Program Lead on OpenLibrary.org at the Internet Archive, spotted an interesting blog post by Michael Kozlowski, the editor-in-chief of Good e-Reader. It concerns Amazon and its audiobook division, Audible: Amazon owned Audible ceased selling individual audiobooks through their Android app from Google Play a couple of weeks ago. This will prevent anyone …

The Authors Alliance blog has an interesting post about Disney’s relationship with the duration of copyright in the US. This manifested itself most famously with the US Copyright Term Extension Act, passed in 1998. As the New York Times explained in 2002: The 1998 extension was a result of intense lobbying by a group of …

Walled Culture has just written about the new Scriber platform, which is designed to make it easier for artists to keep their fans close and happy. But the increasing desire to engage with people who love what an artist is doing, and not just drop products on them from on high, is leading many creators …

One of deep-seated problems with copyright is that its supporters believe everything created should be “owned” by someone and protected from being “stolen” by others. Walled Culture has already written about how that’s a bad fit for writing music, and the NBC News site has a fascinating story about how the same issue is plaguing …

One of the problems with the copyright industry lobbying for new laws is that governments often have no problem with passing them, no matter how one-sided and disproportionate their features may be. That’s despite other voices warning of the negative consequences that will flow from doing so. It seems that subservience to the copyright industry’s …

Walled Culture has written several times about the “true fans” idea as an alternative approach to the traditional remuneration models employed by the copyright industry players, such as publishers, recording companies and film studios. It’s a simple approach: get the people who really love an artist’s work to support it directly, and in advance, rather …

Too often we assume that copyright is something that only concerns Western nations like the US and EU. But it’s important to remember that copyright has been exported all around the world. Moreover, when Western nations make copyright worse, they then try to convince other countries to adopt the same bad ideas, for example through …

The Guardian has an interesting feature looking at how Australian artists from working-class backgrounds face greater obstacles to succeeding than those from other social classes do. It contains some useful statistics about how much creators in that country earn: In 2017, in the last major study done on the issue, the Australia Council found that …

There’s an interesting post on the TorrentFreak blog about “fast movies“: These heavily edited copies of mainstream movies aim to summarize key plot lines via voice-over narration in about 10 minutes. While no replacement for the real thing, these edits accumulated millions of views and incurred the wrath of rightsholders, leading to the arrest of …

Back in December last year, a guest post on Walled Culture by Yohanna Anderson related how publishers initially offered universities free access to ebook collections when it became clear that the Covid pandemic would mean libraries would not be able to open for the foreseeable future. It seemed a generous move on the publishers’ part. …

Dr. Seuss (real name Theodor Geisel) is one of the best-known writers for children. He died in 1991, but his books remain extremely popular. Publishers Weekly has a fascinating story about him, his work and copyright. One part concerns a five-year-long legal dispute between ComicMix, a publisher with a Web site about comics, and Dr. …

There’s a story in the Mail on Sunday that underlines why it is important for people to make copies. It concerns the re-surfacing of rare recordings of the Beatles: In the summer of 1963, the BBC began a radio series called Pop Go The Beatles which went out at 5pm on Tuesdays on the Light …

Back in September last year, Walled Culture mentioned the consistently high profit margins of 30-40% enjoyed by the academic publisher Elsevier. That’s problematic because these profits flow from the work of academics largely paid for by the taxpayer, with additional refereeing and editorial work generally carried out for free by other academics. So Elsevier gains …

Online platforms often give access to digital material that is under copyright. If any of that content is infringing, then potentially the platform would be liable as well as the person who uploaded it. Online companies naturally want to be immune to the consequences of any copyright infringement committed by their users. However, companies in …

Last week, Walled Culture noted that newspaper publishers still don’t understand what has happened in their industry. They labour under the misapprehension that the digital giants like Google and Facebook are “stealing” their editorial material. That’s not true: instead, as Cory Doctorow puts it, they are stealing their money, because of the way that online …

Over on the EFF blog, Cory Doctorow points to an interesting article in the Washington Post about “algospeak“: “Algospeak” is becoming increasingly common across the Internet as people seek to bypass content moderation filters on social media platforms such as TikTok, YouTube, Instagram and Twitch. Algospeak refers to code words or turns of phrase users …

Last week, Walled Culture wrote about the juicy £230 million pay that the head of Universal Music Group (UMG) took home up last year. That may be exceptional for one individual, but there’s plenty of money sloshing around elsewhere in the ecosystem. A news item in the Financial Times (FT) reports on attempts by Providence …

Last week the European Union’s top court, the Court of Justice of the European Union (CJEU), handed down its judgment on whether upload filters should be allowed as part of the EU Copyright Directive. The answer turned out to be a rather unclear “yes, but…“. Martin Husovec, an assistant professor of law at the London …

Walled Culture has written a number of posts about the so-called “snippet tax” – the idea that platforms like Google and Facebook should pay for the privilege of sending traffic to newspaper sites. An essay by Rasmus Kleis Nielsen and Sarah Anne Ganter, based on their book “The Power of Platforms“, articulates one reason why …

Last year, Walled Culture reported on the highly-successful Universal Music Group (UMG) IPO on Amsterdam’s Euronext exchange, which valued the company at €45 billion (over $50 billion). The post noted that the chief executive of the UMG, Sir Lucian Grainge, might pick up a bonus of $170 million as a result. According to the Times …

Like other EU Member States, Finland is grappling with the problem of how to implement the EU Copyright Directive’s Article 17 (upload filters) in national legislation. A fascinating post by Samuli Melart in the Journal of Intellectual Property Law & Practice reveals yet another attempt by the copyright industry to make a bad law even …

One of the most dramatic differences between the traditional, analogue world of creation, and the modern, digital one, is the democratisation that has taken place in this sphere. Until recently, writers, musicians, artists and filmmakers collectively formed a relatively select group that was hard to enter as a professional. Today, anyone with an Internet connection …

Walled Culture has just written about the great difficulty national governments are having in transposing the EU Copyright Directive into local law. That’s largely because of the badly-drafted and contradictory Article 17. It effectively calls for upload filters, which have obvious problems for freedom of expression because of the impossibility of crafting algorithms that encapsulate …

Walled Culture has written numerous posts about the EU Copyright Directive, because it contains two extremely harmful ideas. The first is the “snippet tax“, an attempt by some press publishers to make sites like Google pay for the privilege of displaying and linking to newspaper publishers’ material – an assault on the Web’s underlying hyperlink …

Canada looks likely to follow New Zealand’s bad example by extending its copyright term by 20 years, purely for the sake of a trade deal.  The New Zealand government’s research showed that extending copyright term in this way makes no sense, and the same is true for Canada.  As Michael Geist writes on his blog …

Last month Walled Culture wrote about Ed Sheeran being sued for alleged copyright infringement – one of many such lawsuits.  Happily, he won, because the judge understood how music works, as his comments show, reported here by Music Business Worldwide: The use of the first four notes of the rising minor pentatonic scale for the …

There’s no denying that the newspaper industry is in trouble. In part, the publishing companies have themselves to blame. For too long, they have fought against the Internet, instead of embracing it. Even now, there are still misguided attempts to cream money off online players, as in the various snippet taxes around the world. Simply …

As you may have noticed, the Internet is awash with hyperbolic claims about non-fungible tokens, or NFTs. From the volume of that discussion, and some of the numbers thrown around, it’s easy to assume that there must be something big going on here. There isn’t. NFTs are mostly elements in speculative bubbles that require a …

A few months after the snippet tax was agreed as part of the EU Copyright Directive, Australia indicated it wanted to take the same route. The government there planned to make Internet companies pay newspapers for sending the latter extra traffic, by imposing something called the News Media Bargaining Code. In a blog post from …

A few weeks ago, a Walled Culture blog post looked at the spate of lawsuits over alleged plagiarism in the world of music. Since the root of the problem here is copyright, which seeks to establish a monopoly over even the tiniest elements of creativity, it’s no surprise that exactly the same issue crops up …

The EU’s Directive on Copyright in the Digital Single Market is bad news for many reasons. For example, it shows how the copyright industry has succeeded in obtaining yet more legislation to impose its outdated analogue approaches on the digital Internet. It was only able to do that by conducting a dishonest campaign about what …

One of the striking features of the copyright industry is its insatiability. No matter how long, broad and strong copyright becomes, the copyright world wants it to be yet longer, broader and stronger. It seems companies simply cannot conceive of any point where there is “enough” copyright in the world. A good example is in …

Walled Culture has noted various signs that the recorded music industry is thriving, particularly the streaming sector. That state of affairs has now been confirmed officially by the Global Music Report 2022 from the IFPI – the International Federation of the Phonographic Industry – which represents the global recording industry. Here’s the summary: In 2021, …

The EU Directive on Copyright in the Digital Single Market contains two spectacularly bad ideas. One is the upload filter of Article 17, which will wreak havoc not just on creativity in the EU, but also on freedom of speech there, as algorithms block perfectly legal material. The other concerns the “snippet tax” of Article …

There are few more famous studios in the history of cinema than MGM. Wikipedia describes its early days: MGM was formed by Marcus Loew by combining Metro Pictures, Goldwyn Pictures, and Louis B. Mayer Pictures into a single company. It hired a number of well known actors as contract players – its slogan was “more …

One of the central “justifications” for copyright is that it is indispensable if creativity is to be viable. Without it, we are assured, artists would starve. This ignores the fact that artists created and thrived for thousands of years before the 1710 Statute of Anne. But leaving that historical detail aside, as well as the …

Anyone who reads scientific papers has probably come across “p-values“. The Wikipedia entry explains the idea as follows: In null-hypothesis significance testing, the p-value is the probability of obtaining test results at least as extreme as the results actually observed, under the assumption that the null hypothesis is correct. A very small p-value means that …

Last month we wrote about an increasingly important trend of digital platforms becoming more involved in digital production. Here’s another striking example: TikTok, best known for its short-form mobile videos, featuring things like dance, jokes, stunts and tricks, has announced the launch of the SoundOn platform, “designed to empower new and undiscovered artists, helping them …

It is established dogma in the church of copyright that the latter is an indispensable tool for promoting creativity. A couple of recent lawsuits against top musicians give the lie to that idea. Here’s one of them, reported on the Copyright Lately blog: On Tuesday, Dua Lipa was hit with a copyright complaint by Florida …

Despite the impossibility of stopping people making copies of digital material, the copyright industry continues to launch ever-more extreme legal actions against outside parties in a desperate attempt to do just that. For example, back in October, this blog reported on an attempt to force a CDN – content delivery network – to act as …

Last December, a post noted that Spotify is a rising digital giant, despite its lack of profitability. As well as representing a concentration of power – something seen across the online world – Spotify is a good example of another important trend that the shift from analogue to digital has made possible: the death of …

Kanye West has just carried out a fascinating copyright experiment. That probably wasn’t his intention when he released his eleventh studio album Donda 2, but the launch has nonetheless provided some interesting insights regarding the music sector. As he revealed earlier, Donda 2 is not on “Apple Amazon Spotify or YouTube“. Instead, it is only …

The European Union is working on a number of important new digital laws. These includes the Digital Services Act, the Digital Markets Act, and the Data Act. A new press release about the last of these contains the following section: the Data Act reviews certain aspects of the Database Directive, which was created in the …

Last week, I wrote about diamond open access. I noted that one of the problems with the “mainstream” form of open access, also known as gold open access, is that the article-processing charges (APCs) were unaffordable for many academics. Some new research – published, ironically, in the journal Nature, whose APC is a stratospheric 9,500 …

When modern copyright was invented with the Statute of Anne in 1710, it consisted of a bargain. In return for a time-limited, government-enforced monopoly, creators agreed that their work would pass afterwards into what came to be called the public domain – free for anyone to do anything with. Whatever you might think of the …

It would be something of an understatement to say that Ukraine is facing serious problems currently. Against that background, this news from the IPKat blog is rather surprising: While certain EU Member States are still to transpose Directive (EU) 2019/790 (Copyright [Digital Single Market] Directive), Ukraine, a non-EU country, has decided to implement certain provisions …

Most people are familiar with the Dymo label printer in some form or another. Not an exciting product perhaps, but quite a useful one. The Electronic Frontier Foundation has some bad news – Dymo is adding DRM to its label paper in the form of RFID chips: Dymo’s latest generation of desktop label printers use …

Many people are familiar with The Little Mermaid statue, perched on a rock by the waterside in Copenhagen, Denmark. What is less well-known is the absurd copyright maximalism it has given rise to. The latest manifestation concerns a cartoon depicting the statue as a zombie, and a photo of it with a facemask, reported here …

I’ve written a couple of times about a worrying new trend: music copyrights becoming completely divorced from the original creativity that lies behind them, thanks to the increasing financialisation of the sector. As songs are viewed simply as assets that can be bought and sold, they can also be manipulated in other ways, including securitisation, …

Back in December I was extolling the virtues of green open access, which involves academics self-archiving their work so that anyone can freely download it and read it. In that article, I also mentioned diamond open access. It’s like gold open access, with articles published in a digital journal, but without the gold OA charge …

Auguste Rodin is without doubt one of the greatest sculptors in history. Equally without doubt, his works are now in the public domain, since he died in 1917. Unfortunately, the situation in France is a little more complicated, for reasons the artist and public domain campaigner Cosmo Wenman explains: Shortly before his death, Rodin willed …

Walled Culture has just written about the way the boundaries between digital platforms and digital producers are becoming more fluid. Here’s another interesting melding of media: the GilvaSunner channel on YouTube, which consists of nothing but video game soundtracks, mostly from Nintendo games. It’s a pity we can no longer visit it (original account that is …

Last week Walled Culture wrote about Microsoft’s planned purchase of the video gaming company Activision. That’s been followed by some other news stories that may not involve such headline-grabbing acquisitions, but which do form part of the same larger trend. First, there’s the Joe Rogan kerfuffle at Spotify. Tim De Chant on Ars Technica explained …

There are a number of problems with academic publishing, which open access has been trying to fix for over two decades. Back in 2020, a “Manifesto to Liberate Science: Organic knowledge(s)” appeared, with the following interesting framing of the issues: We have inadvertently handed over the pursuit of knowledge to those who wish to commodify …

This blog has written a couple times about YouTube‘s dominance in the video sector. Spotify may well create a similar leading position for itself in music streaming, while a mega-merger underway would shrink publishing‘s Big Five into the Big Four. A recent article in The Hollywood Reporter shows that a similar concentration of power is …

Many of the worst ideas in recent copyright laws have been driven by some influential companies’ fear of the transition from analogue to digital. Whereas analogue formats – vinyl, books, cinematic releases of films – are relatively easy to control, digital ones are not. Once a creation is in a digital form, anyone can make …

It’s always interesting to see hard figures about how much individuals earn online from their activities there. For example, Forbes published an article recently that looked at the top ten YouTubers. The income of the stars in this relatively new medium turns out to be comparable to that of those working in traditional ones like …

Earlier this week, Dr Emily Dolson, Assistant Professor at Michigan State University, posted the tweet shown above. It’s a warning that one of Dr Dolson’s files violates Google Drive’s Copyright Infringement policy, and that some features related to the file “may have been restricted”. As she tweeted, the file contains a single line with the …

Video games are undoubtedly an art form, arguably the quintessential art form of the late 20th and early 21st centuries. They combine graphics, video, music and interactive plotlines to produce a uniquely rich and complex creation only possible thanks to the widespread availability of powerful but low-cost systems like game consoles and personal computers. Clearly, …

Advertising is one of the commonest ways of financing Web sites and services. There’s nothing wrong with that, at least in principle. But the fact that, according to one estimate, 42% of Internet users worldwide employ an ad blocker to remove those ads from their screens is a clear sign that something is seriously wrong. …

The current crisis in the copyright world is being driven by the once-in-a-civilisation transition from an analogue world to a digital one. Initially the copyright industries fought the Internet and the massive shifts it brought with it, lobbying for laws like the US Digital Millennium Copyright Act that tried to make digital water unwet. Belatedly, …

As the very first post on this blog pointed out, copyright is fundamentally unsuited to the digital world. It assumes that copying material is hard, and can therefore only be carried out by larger organisations. As a consequence, punishments for copyright infringement are extreme, since they are calibrated to dissuade even well-funded groups from making …

The president of the Colombian House of Representatives, Congresswoman Jennifer Arias, allegedly plagiarised parts of her master’s thesis. The Colombian Universidad Externado explained in a recent press release that journalists are denied access to the thesis based on copyright concerns. This is a case of public interest, since the validity of the academic degree of …

As a post back in November explained, copyright is key to the business model of academic publishing. By pushing researchers to assign their copyright to publishers, the latter are able to erect and defend paywalls around academic work that has generally been paid for by the public. Expensive subscriptions are one way that academic publishers …

Hong Kong was supposed to enjoy a special “one country, two systems” approach for 50 years after it was handed back to China by the UK in 1997. It’s clear now that the Chinese authorities have no intention of waiting that long. After the Hong Kong national security law was passed in 2020, Beijing has …

On this day in 2013, Aaron Swartz died by his own hand, at the age of 26. His short but full life as a hacker and activist is summed up well on Wikipedia – one of the many projects he was involved with. It is widely believed that Swartz hanged himself because he faced the …

Back in October, this blog noted the huge amounts of money pouring into music copyrights, largely driven by the global rise of online streaming. Since then, that trend has continued, most notably with Bruce Springsteen’s sale of his recordings and songwriting catalogue to Sony, for a rumoured $550 million. As we pointed out in the …

In his Walled Culture interview, Cory Doctorow explains cogently why Digital Rights Management (DRM) is such a disaster. It’s also pointless: DRM can always be broken, and once there is one unprotected copy out on the Internet, the material with DRM effectively become an inferior, hobbled version. The copyright companies reacted to this fact in …

Once copyright’s walls come down, creative material enters the public domain. It is free for all to use, modify and build upon. It is part of the matrix from which future creativity springs. One of the best places to explore it and its importance is the Center for the Study of the Public Domain at …

Open access (OA) – making academic research freely available to all – seems self-evidently a great idea. It’s good for the public, which gains access to work it has funded, and it’s good for researchers, as knowledge about their research reaches a far wider audience than it would trapped behind a publisher’s paywall. Open access …

Yohanna Anderson has just written eloquently about ebook price-gouging by publishers. As she notes, this is not just a UK problem, but affects many countries around the world. In the US, the situation is so serious that various states there have proposed legislation that requires publishers to license ebooks on “reasonable terms”. A post on …

The history of copyright can be seen as one of increasing control by companies over what ordinary people can do with material created by others. For the online world, the endgame is where copyright holders get to check and approve every single file that is uploaded, with the power to block anything they regard as …

Despite only 10% of university reading list items being available in ebook format, “everything is available in E-format” is a sentence librarians hear often. In the so-called digital age, you cannot blame people for making this assumption. However, ebooks have long been problematic for librarians due to lack of availability. The ebooks that do exist …

Back in September, a blog post noted that Universal Music Group (UMG) regarded streaming as key to its future. Investors agreed, pushing the company’s valuation to 45 billion euros (over $50 billion) when it made its IPO. If streaming is good for UMG, it will be even better for the company that re-invented the idea: …

It’s widely known that artists of all kinds often get a raw deal from the contracts they sign.  But this kind of legal unfairness is not the only danger they face: copyright can also be turned against creators in other, illegal ways.  For example, according to a report on MarketWatch: Two men have been charged …

One theme that is appearing more frequently both here on Walled Culture, and in wider coverage of the copyright world, is the idea that creators should remain in control of their own works.  Recent posts have underlined that currently this is far from being the case: creators of all kinds are routinely expected to hand …

The Walled Culture blog is principally about the ways in which outdated copyright is preventing the full potential of the digital world to be realised.  As such, its posts tend to be rather critical.  Happily, there are signs that some countries are beginning to realise that their copyright law needs to be radically revised, and …

Last week a blog post explained why academics have lost control of their own papers, and what they can do about it. This might seem a rather limited problem, down to the unworldly nature of many researchers, who perhaps lack the necessary cunning to negotiate fair contracts with academic publishers, or who need to publish …

A couple of weeks ago, the Guardian had a report on what it called the “growing market for cultural digitisation” carried out by museums and art galleries: Museums around the world are increasingly capitalising on the intellectual property of their priceless pieces, in unexpected collaborations from luxury lingerie to KFC packaging. China is leading this …

Copyright companies frequently invoke “piracy” when they demand new legislation or stronger enforcement of existing laws. Usually, they have a free hand to claim what they like about these “pirates” and their motivation – we rarely hear from the latter about why they do it. That makes a post on TorrentFreak particularly interesting. It’s a …

When people talk and write about copyright, they generally mean US or EU laws. It’s true that most recent developments in the field – notably many bad ones – have taken place in these two geographic regions. But the dynamics among nations is changing. First came the BRIC group – Brazil, Russia, India, and China …

A few weeks ago, we wondered whether academic publishers might try to shut down the amazing General Index of scientific journals that Carl Malamud has created. There’s a precedent for this kind of legal action against a site providing a service of great benefit to society. Publishers have been trying to shut down the Sci-Hub …

This blog has written recently about the disproportionate power wielded by YouTube in both the video streaming sector, and as part of the music industry. Sadly, that is not an isolated problem, as this press release from the US Justice Department makes clear: The U.S. Department of Justice filed a civil antitrust lawsuit today to …

A little while back, the Guardian covered the rising literary power of BookTok – short videos on TikTok devoted to the pleasures and pains of reading. As well as plenty of background information about the BookTok phenomenon, it has the following perceptive comment from Kat McKenna, a marketing and brand consultant specialising in children’s and …

Digital Rights Management (DRM) is a strange thing. It is software code that is added to a product without providing any benefit to the user. It is designed to limit the freedom of people to use things they thought they owned – “because copyright”. For this reason, the Free Software Foundation prefers to use the …

Although the Covid-19 pandemic has wreaked terrible suffering across the world, we are fortunate that we already have several vaccines that have been shown to be highly-effective in reducing the number of deaths and hospitalisation rates. Discovering vaccines proved easier than expected, but ensuring that everyone – including people in developing countries – has access …

Everyone knows that Google (strictly speaking, the parent company, Alphabet) is a digital giant. But recent figures reveal that YouTube alone is also enormous, and in two markets: video and music. Alphabet’s third quarter results showed that YouTube ads went from $5 billion to $7.2 billion, year on year. As Robert Kyncl, YouTube’s chief business …

Copyright as we know it goes back to the Statute of Anne of 1710. A law that old is clearly going to struggle to cope with the enormous changes in technology that have taken place since then – notably the Internet. But even relatively recent copyright laws were framed in ways that have become unworkable …

Streaming dominates the recording music industry today, and everyone assumes that things won’t change for a while. But there are two opposing aspects of the current business models for music streaming that are hard to reconcile. On the one hand, the fixed-price approach of Spotify, Apple and Google is great for users who can afford …

One reason why copyright has become so important in the digital age is that it applies to the software that many of us use routinely on our smartphones, tablets and computers. In order to run those programs, you must have a licence of some kind (unless the software is in the public domain, which rarely …

One problem with copyright is that it lasts too long, as an earlier post on this blog explored. But there’s another issue: the fact that copyright protects even very short texts. This was an issue in a recent court case in Sweden, discussed on The IPKat blog. Unusually, perhaps, for a copyright case, it concerned …

As Walled Culture noted when it was launched, copyright permeates everything we do online. And yet much of copyright’s workings remain hidden. The laws and court cases may be public, but many of the key business deals and legal manoeuvrings take place behind closed doors. That makes a short Twitter thread by the entrepreneur Ali …

It’s easy pointing out that copyright is deeply dysfunctional: there are new examples of the profound mismatch between this 18th-century law and 21st-century creativity coming to light every day. Much harder is devising alternatives that are not niche solutions, but which have a wide applicability. One of the first people to do this was Kevin …

A few weeks ago, we wrote about copyright’s absurdly long term, which typically lasts for 70 years after a creator’s death. That it makes it hard for other artists to build on the work of their contemporaries, or even on those who were working half a century before. But there’s another, even larger problem caused …

One of the exciting possibilities opened up by the digital world is that access to all human knowledge could be made freely available to everyone with an Internet connection. Sadly, most publishers prefer boosting their profits to helping humanity, and have done everything they can to make sure that this possibility is never realised. Despite …

A few weeks ago, this blog reported on the spectacular 45 billion euro valuation of Universal Music Group (UMG) when it went public on Amsterdam’s Euronext exchange. It seems that was just a foretaste of a huge inflow of money to the music industry – and of a fundamental shift in the way music copyrights …

Many people are unaware of what a “Content Delivery Network” (CDN) is, or does, even though they probably make use of one hundreds of times a day. And that’s fine: a CDN is just part of the Internet’s plumbing. Typically, it is a global network of computers that “cache” – store copies of – digital …

One of the key themes of Walled Culture is the tension between the 18th-century idea of copyright, and the 21st-century digital world where we spend an increasing proportion of our waking hours. That’s probably the most obvious issue, but there’s another aspect of copyright that is becoming problematic in modern life: the idea that it …

Physical books can be bought, shared, and accessed in libraries quite easily. Films in a physical form, on the other hand, are hard to acquire, share or view in archives. Writing in the Guardian, the non-fiction filmmaker Charlie Shackleton says that 90% of archive collections consist of film prints that will never be seen. Moreover, …

Most people would agree that those who are blind or visually impaired deserve all the help they can get. For example, the conversion of printed materials to accessible formats like Braille, large print, or Digitally Accessible Information System (DAISY) formats, ought to be easy. Who could possibly object? For years, many publishers did; and the …

As this blog noted last week, nowadays copyright in a work can easily last more than a century. A recent piece of news shows what that can mean in practice, and why it is so bad for creators and their public. It concerns the well-known children’s author Roald Dahl, who died in 1990. Copyright in …

As we mentioned a couple of weeks ago, the standard copyright term of life plus 70 years makes no sense: a promise that they’ll be paid after their death is unlike to stimulate extra creativity from artists. Conscious of how weak this argument is as a justification for extremely long copyright, supporters have come up …

Thirty years ago, copyright law was boring. It was the province of specialised lawyers, and had very little direct impact on ordinary people’s lives. The Internet changed all that. Now, everyone online is affected by copyright, which comes into play whenever people create something in a fixed form, like a post, or when they share …

ResearchGate is a social network for scientists, whose ideas seem pretty closely aligned with those of this blog: Our mission is to connect the world of science and make research open to all. The 20 million researchers in our community come from diverse sectors in over 190 countries, and use ResearchGate to connect, collaborate, and …

We’ve just written about the terrible deal that most musicians get from the increasingly-popular streaming of their music. A post on Boing Boing explores another aspect of the same problem: the fact that musicians aren’t generally paid according to how many people listen to their music on streaming, but according to their share of the …

Last week, Universal Music Group (UMG) went public on Amsterdam’s Euronext exchange, and ended up with a valuation of 45 billion euros (over $50 billion). An article on Quartz explained: The strong public debut signaled a win for the recorded music industry, which struggled to maintain revenues and profitability in the early 2000s as physical …

When modern copyright came into existence in 1710, it gave a monopoly to authors for just 14 years, with the option to extend it for another 14. Today, in most parts of the world, copyright term is the life of the creator, plus 70 years. That’s typically over a hundred years. The main rationale for …

Effortless copying lies at the heart of the Internet. As digital data is passed from location to location, copies of it are made at the intersection of the networks that form the Internet (inter-net). Copyright, on the other hand, is designed to control every copy of a creative work, including digital ones. That inherent contradiction …

It’s not just culture that suffers because of walls built by copyright: science, too, has a terrible problem in this regard. In some ways, that’s even worse, since copyright often prevents the free, frictionless flow of information in the form of academic papers, reports, books etc. that will lead to more research and more discoveries. …

The modern world is digital. We meet people online, we buy things online, we deal with the government online. But the digital sphere is not just the latest version of the traditional, analogue world. It is fundamentally different. Once something is digital, it can be copied perfectly and infinitely. That allows digital objects to be …