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Generative AI and Author Remuneration

central functions of human art in society to broader socio-political objectives and arguments for improving AI – strongly support the introduction of a system for remunerating human authors (Sect. 2).8 For ... artistic creations are of particular value to society as a whole.15 Artwork by fleshand-blood authors provides important impulses for social and political change by modelling experimental practices that open

A Human Right to Ever-Stronger Protection?

course, ideally, legislatures are always reasonable and evidence-driven representatives of people. However, this political obligation is also a constitutional obligation only if legislatures decide to

Copyright Law in the European Union, the United States and China

differences in our research design is that Tolonen’s work draws more heavily on legal theory and even legal philosophy when theorizing on the underlying ideal models of legislation to be compared. 13 ... personhood of the creator. Finally, the protection of ‘‘custom’’, with its origins in Scottish Enlightenment philosophy, has also left its mark on US IP laws, according to Aoki ( 2006 ). 77 Samuelson (1993

Maciej Bernatt: Populism and Antitrust – The Illiberal Influence of Populist Government on the Competition Law System

book describes how these two governments eroded liberal institutions in the political sphere - such as principles of the separation of powers and rule of law that underpin a democratic system - as well ... as in the economic sphere - backing away from a commitment to market competition and expanding the active role of the state.1 Under this definition of populism, centralization of political and economic

Copyright Protection of Government-Related Material Before the Courts of the United States and Canada: Considerations for Future Reforms

Copyright protection of government-related material lies at the intersection of private incentives, public interest, and political motivation. These interests naturally clash. Therefore, the ... the copyright protection of government-related material against the background of rapid technological advancement and substantial ongoing societal and political change. Taking into account the

Pairing Sturgeon with Champagne: Towards a Due Cause Exception in the Law of Geographical Indications

. While the analysis is limited to EU law, its implications are not. As is well known, GI protection is a key political interest of the EU and in particular some Member States and protection for ‘‘crown ... examples from French case law). 49 It appears that Milan is home to a wine bar called ‘‘Champagne Socialist’’, whose self-declared philosophy is ‘‘Wine tonight, revolution tomorrow’’. 50 Jack Daniel’s

The Criteria to Qualify a Geographical Term as Generic: Are We Moving from a European to a US Perspective?

to determine if a sign has been transformed into a generic term. These criteria have economic and political relevance, as genericness is not a trivial issue. The European Court of Justice (ECJ) has

The Origin and Purpose of Legal Protection for the Integrity of Copyright Metadata

metadata for rights management in global digital networks. Traditionally, copyright law is a legal and political reaction to the implementation of technological developments but, as Jo¨rg Reinbothe and Silke ... professors against the bill, in Boyle ( 1996 ), p. 60. 37 For the political debate against technological protection measures see Chapter 3 of Herman (2013). 38 Cohen ( 1996 ). 39 Bangemann Group (1994), p

Why Harmonised Standards Should Be Open

satisfied, a reference to the standard is published in the series L of the Official Journal of the EU. While the Commission does not intend to delegate political powers to the ESOs,4 it nevertheless tasks

An Exploration of the Social Effectiveness of Political Kidnapping Testimonios in Colombia

of three testimonios, and interviews with Colombian university students and members of NGOs, this paper explores whether testimonios produced in the Colombian context by political elites and victims of ... instigate social change because these testimonios are perceived as commercial endeavors in service of political agendas.  I owe thanks to my professors Suzanne Oakdale and Lindsay Smith for their comments on

No Strings Attached to GIs? About a Blind Spot in the (Academic) Discourse on Limitations and Fundamental Rights

different origin would automatically be misleading as to quality and characteristics.10 However, the strictly terroir-based philosophy on which the notion of PDOs is historically based has long since given ... /publications/details/study-on-the-functioningof-the-eu-gi-system.html. Already in view of such changes in the underlying philosophy, it could have been debated to what extent prohibition of certain forms of use

The Battle for Geographical Indication Protection of Basmati Rice: A View from Nepal

particular, and political sensitivities and of ‘‘Basmati’’ also indicates that [the] political boundary of a nation is not relevant for determining the geographical area pertaining to a GI.51 As captured in ... in the EU, but the political rift between the two countries has made such an application impossible.52 Therefore India first filed a domestic GI registration for basmati rice and later filed an EU

Heiko Richter (ed): Competition and Intellectual Property Law in Ukraine

the governance system in Ukraine and the major political events on the way to European integration, offering the reader the necessary background. The first part of the book, ‘‘Putting the Legal

Hic sunt dracones ? Mapping the Legal Framework of China’s Innovation Policy: Standardization and IPRs

disciplinary angles, in particular from the perspective of its political economy. Important contributions have analyzed the connections between China’s standardization regime and its IPR regime – especially in ... also the uncertain interpretation and application of domestic policies by political and economic actors created incentives for Chinese companies to specialize in incremental, short-term 102 Liu and Cheng

Framing Texts and Images: Critical and Posthumous Editions in the Digital Single Market

. The crucial part of the court’s arguments rested on the observation that the editor was forced to rely on his knowledge of Schopenhauer’s philosophy when he made conjectures and emendations.29 In 1993

Digital Dominance and Social Media Platforms: Are Competition Authorities Up to the Task?

, political officeholders, and any organisation which has set up a Facebook account. Beyond this, Facebook (now rebranded as “Meta”) has also developed other services to help their users, inter alia, find ... give rise to complex market-power-related concerns of such a magnitude that require special scrutiny from policymakers concerned about the far-reaching economic and socio-political ramifications of their

United Kingdom Copyright Decisions 2022

expression which attracted particular protection from a fundamental rights perspective, as it made no attempt to express any political views or seek to engage in an artistic dialogue with or aesthetic ... considerations, as it generally does not consider whether the allegedly infringing work is a form of expression – such as political or artistic expression – which is afforded greater protection under the laws

Taking Nature Seriously: An Implied “Natural Contract” to Patents?

what it is today.1 The Industrial Revolution, in turn, took place within the ''modern era'', and the socio-political and epistemological philosophies of this era form the bedrock of contemporary patent ... the First Philosophy (Cambridge University Press, 1996) p. 100. 5 Cf. Immanuel Kant ‘‘On the Injustice of Counterfeiting Books’’ (1785), reprinted in JAL Sterling, World Copyright Law (2nd edn, Sweet

Indigenous People and Political Agenda: the Issue of Social and Ecological Change of the Nomadic Siberian, the Evenki, in Russia

hunting and fishing, nomadism, or reindeer herding. This paper contains the ethnohistory of the indigenous Evenki people in Siberia and provides a critical summary of how changes of colonial political ... of colonial political systems and management policies throughout the Evenki’s history have affected their cultural identity and changed their concept of territorial value. It is emphasized in this

Indigenous People and Political Agenda: the Issue of Social and Ecological Change of the Nomadic Siberian, the Evenki, in Russia

hunting and fishing, nomadism, or reindeer herding. This paper contains the ethnohistory of the indigenous Evenki people in Siberia and provides a critical summary of how changes of colonial political ... of colonial political systems and management policies throughout the Evenki’s history have affected their cultural identity and changed their concept of territorial value. It is emphasized in this