Another reminder that what copyright destroys, unauthorised copying can save

There’s an interesting post on TorrentFreak that concerns so-called “pirate” subtitles for films. It’s absurd that anyone could consider subtitles to be piracy in any way. They are a good example of how ordinary people can add value by generously helping others enjoy films and TV programmes in languages they don’t understand. In no sense …
How long before all browsers are required by law to prevent users from opening allegedly infringing sites?

Mozilla’s Open Policy & Advocacy blog has news about a worrying proposal from the French government: In a well-intentioned yet dangerous move to fight online fraud, France is on the verge of forcing browsers to create a dystopian technical capability. Article 6 (para II and III) of the SREN Bill would force browser providers to …
Digital business models are changing: what are artists’ thoughts, hopes and fears in this new world?

The creative world is changing rapidly under the impact of digital technologies. That makes the lack of research into how creators are reacting to and working with new technology all the more urgent. One new report that helps to address that gap in our knowledge is The Networked Shift, available as a free download from …
Warhol understood what transformative art looked like, the US Supreme Court doesn’t

Last year Walled Culture wrote about an important copyright case before the US Supreme Court. It concerned Warhol’s images of the musician Prince, which are based on a photo taken by Lynn Goldsmith. At issue was whether this was fair use of the work. By seven to two, the Supreme Court judges ruled that it …
Generative AI in Google search is great news for the true fans model, but what about publishers?

Most of the analysis of generative AI – things like Stable Diffusion and ChatGPT – has focused on how it will affect creators. But another important aspect is the impact it will have on newspaper and magazine publishers. It flows from this recent move by Google: With new generative AI capabilities in Search, we’re now …
How to update copyright: Nigeria shows the way for Africa – and the world

Too often the posts on Walled Culture are about the latest copyright madness, or new laws making copyright even worse for the digital world. Against this background, it’s good to read that, as this blog hoped back in 2021, something positive has just happened in Nigeria that is likely to have important ramifications across the …
The EU link tax was bad enough, but Canada’s threatens to be even worse

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 …
The copyright world is preparing to hobble yet another innovative technology – generative AI

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 …
SoundCloud’s “Fan Powered Royalties”: a halfway house towards the true fans approach

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 …
Copyright is more important than privacy, says top EU court advisor

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 …
Digital books do wear out – just like digital music, digital films and video games

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 …
Top EU court’s advisor points out that geoblocks can be easily circumvented: time to get rid of them

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 …
V Live, the largest archive of K-pop live streams, will soon be V Dead: what happens to all that culture?

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 …
Canada is planning to take the EU’s link tax as a model for one of its own new and bad copyright laws

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 concept that should not exist at all is already implemented: the “paying” public domain

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 …
Why generative AI will take over the world of art, and will render copyright irrelevant

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 …