Top EU court says there is no right to online anonymity, because copyright is more important

A year ago, Walled Culture wrote about an extremely important case that was being considered by the Court of Justice of the European Union (CJEU), the EU’s top court. The central question was whether the judges considered that copyright was more important than privacy. The bad news is that the CJEU has just decided that …

How to stop video games being made unplayable once support ends

The Pirate Party has long played an important role in fighting the worst excesses of copyright in the EU. For example, when a major copyright update was being discussed, the Pirate Party MEP Felix Reda wrote an insightful and practical report on what needed changing. Most of his recommendations were ignored in the final EU …

Why generative AI companies should pay artists to create new works, and give away the results

The latest obsession in the world of copyright is trying to get generative AI companies to pay for using creative material for training purposes. As various posts have noted, this makes no sense, because training is just a matter of analysis, which requires no permission. What the copyright world wants to do is to erect …

Now with added generative AI: a new way to abuse the broken copyright system

As Walled Culture the book (free digital versions available) recounts, one of the many problems with copyright is that it can be used – and abused – for purposes that have nothing to do with its original intent of promoting creativity. One of the best known of these is to force people to take down true …

Research suggests more open access training for academics could help boost its uptake and support

Open access publishing, which allows people to read academic papers without a subscription, seems such a good idea. It means that anyone, anywhere in the world, can read the latest research without needing to pay. Academic institutions can spend less to keep their scholars up-to-date with work in their field. It also helps disseminate research, …

A French collecting society wants a tax on generative AI, payable to…collecting societies

Back in October last year, Walled Culture wrote about a proposed law in France that would see a tax imposed on AI companies, with the proceeds being paid to a collecting society. Now that the EU’s AI Act has been adopted, it is being invoked as another reason why just such a system should be …

How private equity has used copyright to cannibalise the past at the expense of the future

Walled Culture has been warning about the financialisation and securitisation of music for two years now. Those obscure but important developments mean that the owners of copyrights are increasingly detached from the creative production process. They regard music as just another asset, like gold, petroleum or property, to be exploited to the maximum. A Guest …

Of true fans and superfans: the rise of an alternative business model to copyright

One of the commonest arguments from supporters of copyright is that creators need to be rewarded and that copyright is the only realistic way of doing that. The first statement may be true, but the second certainly isn’t. As Walled Culture the book (free digital versions available) notes, most art was created without copyright, when …

Forgotten books and how to save them

On the Neglected Books site, there is a fine meditation on rescuing forgotten writers and their works from oblivion, and why this is important. As its author Brad Bigelow explains: I have been searching for neglected books for over forty years and the one thing I can say with unshakeable confidence is that there are …

The new Hadopi? Piracy Shield blocks innocent Web sites and makes it hard for them to appeal

Italy’s newly-installed Piracy Shield system, put in place by the country’s national telecoms regulator, Autorità per le Garanzie nelle Comunicazioni (Authority for Communications Guarantees, AGCOM), is already failing in significant ways. One issue became evident in February, when the VPN provider AirVPN announced that it would no longer accept users resident in Italy because of …

How copyright makes the climate crisis worse

Many of the posts here on the Walled Culture blog examine fairly niche problems that copyright is causing. Although they are undoubtedly important, in the overall scheme of things they can hardly be called major. But sometimes copyright can have important repercussions in the wider world, as an interesting post on The Conversation makes clear. …

Texts of laws must be freely available, not locked away by copyright; in Germany, many still aren’t

It is often said that “ignorance of the law is no defence”. But the corollary of this statement is that laws must be freely available so that people can find them, read them and obey them. Secret laws, or laws that are hard to access, undermine the ability and thus the willingness of citizens to …

Italy’s new Piracy Shield has just gone into operation and is already harming human rights there

Back in October, Walled Culture wrote about the grandly-named “Piracy Shield”. This is Italy’s new Internet blocking system, which assumes people are guilty until innocent, and gives the copyright industry a disproportionate power to control what is available online, no court orders required. Piracy Shield went live in December, and has just issued its first …

Important court ruling on copyright ought to lead to a blossoming of UK open culture – but will it?

There’s a post on the Creative Commons blog with some important news about copyright (in the UK, at least): In November 2023, the Court of Appeal in THJ v Sheridan offered an important clarification of the originality requirement under UK copyright law, which clears a path for open culture to flourish in the UK. In …

A Swiftian solution to some of copyright’s problems

Copyright is generally understood to be for the benefit of two groups of people: creators and their audience. Given that modern copyright often acts against the interests of the general public – forbidding even the most innocuous sharing of copyright material online – copyright intermediaries such as publishers, recording companies and film studios typically place …

A lawsuit against OpenAI has mainstream media finally asking if copyright is fit for the digital world

Last year saw great excitement over a new wave of AI services based on large language models (LLMs). That enthusiasm was somewhat overshadowed by a subsequent wave of lawsuits claiming that the LLMs were guilty of copyright infringement because of the training materials they used. Just before the start of 2024, a new lawsuit was …

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