A while back I drew attention to a rather excellent piece by Technollama entitled “Do Monkeys Dream of Electric Copyright?“, which, right when the saga of Naruto the aspiring simian photographer was just kicking off, analysed the various issues the human photographer, David Slater, would have when trying to claim copyright from a selfie which Naruto the crested black macaque monkey took with his camera back in 2011. The piece made some interesting analogies between Infopaq and computer-generated work, and how Slater could still perhaps claim copyright, despite the intervention of the monkey. Later, in 2015, PETA filed a lawsuit, Naruto v Slater, in the name of the monkey,claiming copyright for Naruto. After much speculation by academics and amused onlookers US District Judge William Orrick ruled this week, on Wednesday 6th January 2016, that the monkey sadly cannot own the intellectual property rights to the photos which were taken. So let us take a quick look back at the saga of Naruto the simian selfie-star, and the most recent developments. Continue reading Aspiring Simian Photographer Loses Copyright Case
I was recently lucky enough to be asked to give a short presentation at the 2014 Edinburgh Postgraduate Law Conference, entitled “Innovation in the Law: New Challenges, New Perspectives“. The organising committee, in conjunction with the Edinburgh Law School and the Institute for Academic Development put on a great two-day event, creating a brilliant opportunity for PhD students, early career researchers, established academics and interested parties to swap ideas, talk at length about their personal obsessions, bemoan the constant struggles that are funding, exercising the power to say “no”, and engage in ample usage of the term “interdisciplinary”. I’d like to thank again all involved in the organisation of a thoroughly enjoyable event, and of course the Forschungsstelle für Verbraucherrecht for continuing to finance my wanderings around Europe in the name of digital consumer protection.
The talk I gave in the panel on “Technology and Law: Confronting Uncertainty, Testing Promises“, was entitled “2 Steps Forward, 1 Step Back: The Problematic Protection of Consumers of Digital Content“, the article and slideshow for which you can find below. Rather than the traditional (and oft beset by delays) practice of publishing conference proceedings in a printed version, the conference chose the novel approach of asking the speakers to present their ideas in a 1,000-word blog post, which was then made available on the conference website for anyone who wanted to read up on the topics in advance on the talks. I thought this was a particularly useful tool in preparing for the panels I attended. Continue reading 2 Steps Forward, 1 Step Back: The Problematic Protection of Consumers of Digital Content
As some of you might remember, a few months back I wrote about imminent reforms to UK copyright law exceptions, including finally allowing users to create backup copies and ‘personal copies for private use’ of their digital media (such as burning a CD onto your computer, or transferring music to your MP3 player or phone…. yes, up ’til now this wasn’t actually allowed), and all-importantly introducing a parody exception to copyright law in the UK. In March the UK Intellectual property Office (IPO) also issues a guidance paper on copyright exceptions, which can be viewed here. However, these changes were significantly delayed from their original implementation goal of June, as the Parliament continued to debate the exact scope, wording and effects of these changes. Continue reading Reforms to UK Copyright Exceptions FINALLY Come Into Effect
I just read this very interesting piece by one of my favourite IT Law experts, Andres Guadamuz, aka “Technollama“, about the recent confusion regarding copyright for monkey-selfies. Really there are few people as well able to discuss such a ridiculous but technically interesting legal question as Technollama. The piece makes some very interesting analogies between Infopaq and computer-generated work. Well worth your time, especially should you find your photographic equipment commandeered by artistically inclined primates at some point in the near future.
Read it at:
“Do Monkeys Dream of Electric Copyright” Technollama
This will be another post based on work I did during my time at the University of Edinburgh last year – this time covering the weird and wonderful topic of “augmented reality”. While it may sound like a rather sci-fi idea, augmented reality is posed to become more and more a part of our everyday life, especially in our interactions as consumers. I’d like to thank the excellently titled “Professor of Computational Legal Theory” Professor Burkhard Schafer for his fascinating, and at times bizarre, course on AI, Risk and the Law, in which we discussed sex robots, virtual reality courtrooms, penguins living on landmines and many other “you-had-to-be-there-to-understand-why-it’s-relevant” topics, and for giving me the chance to research this emerging and most likely problematic area of law.
Continue reading An Introduction to Augmented Reality and the Law
That’s right ladies and gentlemen! You may now take that cumbersome CD collection you have to carry around everywhere with you and rip the music onto your computer or portable media playing device for your own personal use! I have a feeling these newfangled “Em-Pee-Three-Players” are really going to take off now that the UK has decided to implement reforms to the Copyright Law in this area… What’s that you say? You’ve been ripping CDs onto your computer and playing them of MP3s and phones for years? Well then, you sir or madam have (technically) been a filthy copyright infringer, and will remain so until June of this year.
Continue reading You Can Now Rip CDs And Parody Copyrighted Material! UK Public Confused As To Why This Is News!
John Walker, of Rock, Paper, Shotgun, recently wrote a very interesting (not to mention comprehensive) article entitled “Why Games Should Enter the Public Domain” on the place of Public Domain in the video game industry. His argument is particularly interesting in that he goes even further than the standard pro-public domain and pro-creative commons attitudes of many gamers and consumers of digital media. He argues for a radical restructuring of how intellectual property rights are handled in this area, with a suggested strong reduction of the length and strength of intellectual property protection for creators. Furthermore, Walker does not simply write this from the standpoint of an ‘everything-should-be-free’, unrealistic consumer, but rather also as a man who has benefited economically from his own video game journalism. One of the key points to take away from Walker’s argument is that the lengthy protection currently afforded to most works in this industry do not in fact end up benefiting the “creators” themselves (a tricky group to pin down at the best of times, as the core development team can span from solo undertakings to the hundreds), but rather the large publishing and media giants who retain the rights to such games. Continue reading Rock, Paper, Public Domain