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 …

Copyright is indispensable for artists, they say; but for all artists, or just certain kinds?

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 …

How a minor copyright squabble changed the course of scientific history, and not for the better

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 …

A further spate of lawsuits demonstrate how copyright is antithetical to creativity

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 …

The ratchet: even demonstrably ineffectual and unnecessary copyright laws are never repealed

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 …

New Zealand is about to commit copyright theft – the real kind

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 …

DRM on paper shows why anti-circumvention laws are copyright’s biggest blunder

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 …

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