A new US law makes it easier for copyright trolls to terrorise people with claims of alleged infringement

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. …

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 …

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 …

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 …

The Czech Republic’s proposed version of upload filters has a bad idea that could become a great one

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 …

The copyright world is already panicking about music created using generative AI; too late

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 …

Why the “true fans” model is great not only for creators, but for entrepreneurs too

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 …

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 …

How music platform Corite is turning true fans into digital street teams

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 …

Coming soon: the next phase of copyright maximalism – destroying the public domain

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 …

Walled Culture, the book, now freely available: what that means, and how you can help

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 …

Imagine a world where amazing fanfic was the norm, not the exception: only copyright stands in the way

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 …

Twitch mutes top videogame streamer because of claim he used someone’s copyright siren sound effect

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 …

Guest post | Au-delà de l’attentisme, une voie expérimentaliste pour l’avenir du droit d’auteur ?

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 …

Why Meta’s project to translate automatically between 200 languages will be stymied by copyright

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, …