Why moving to diamond open access will not only save money, but also help to protect privacy

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 …

How backdated articles abuse the DMCA’s takedown system to remove legitimate news items

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 …

Even algospeak won’t save us from upload filter overblocking

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 …

“Red hot music copyrights market” leaves most creators out in the cold

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 …

Applying (artificial) intelligence to the Copyright Directive’s stupid idea of upload filters

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 …

Two reasons the snippet tax won’t wash as a solution, and what to do instead

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 …

Copyright industry demands Finland’s version of upload filters should be more unbalanced

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 …

The digital creator economy: how big is it, and who’s making how much?

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 …

Canada is about to repeat New Zealand’s folly by extending copyright term; so bring back registration

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 …

Ed Sheeran wins copyright lawsuit, but now films himself as he writes songs to forestall more litigation

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 …

How to save the newspaper industry (hint: not with snippet taxes)

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 …

NFTs are mostly useless or worse, but here’s one important way they could help creators

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 …

Microsoft tries to cosy up to newspaper publishers, forgets that for them, enough is never enough

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 …

The ratchet strikes again: US SMART Copyright Act is even worse than EU upload filters

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 …

Publishers seem to believe their outsized sense of entitlement should trump democracy

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 …

Why the snippet tax of the EU Copyright Directive is pointless and doomed to fail

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 …