14 Matching Annotations
  1. Sep 2022
    1. Can copyright vest in an AI? The primary objective of intellectual property law is to protect the rights of the creators of intellectual property.10 Copyright laws specifically aim to: (i) promote creativity and encourage authors, composers, artists and designers to create original works by affording them the exclusive right to exploit such work for monetary gain for a limited period; and (ii) protect the creators of the original works from unauthorised reproduction or exploitation of those works.

      Can copyright vest in an AI?

      The primary objective of intellectual property law is to protect the rights of the creators of intellectual property.10 Copyright laws specifically aim to: (i) promote creativity and encourage authors, composers, artists and designers to create original works by affording them the exclusive right to exploit such work for monetary gain for a limited period; and (ii) protect the creators of the original works from unauthorised reproduction or exploitation of those works.

    1. To my knowledge, conferring copyright in works generated by artificial intelligence has never been specifically prohibited. However, there are indications that the laws of many countries are not amenable to non-human copyright. In the United States, for example, the Copyright Office has declared that it will “register an original work of authorship, provided that the work was created by a human being.” This stance flows from case law (e.g. Feist Publications v Rural Telephone Service Company, Inc. 499 U.S. 340 (1991)) which specifies that copyright law only protects “the fruits of intellectual labor” that “are founded in the creative powers of the mind.” Similarly, in a recent Australian case (Acohs Pty Ltd v Ucorp Pty Ltd), a court declared that a work generated with the intervention of a computer could not be protected by copyright because it was not produced by a human.

      To my knowledge, conferring copyright in works generated by artificial intelligence has never been specifically prohibited. However, there are indications that the laws of many countries are not amenable to non-human copyright. In the United States, for example, the Copyright Office has declared that it will “register an original work of authorship, provided that the work was created by a human being.” This stance flows from case law (e.g. Feist Publications v Rural Telephone Service Company, Inc. 499 U.S. 340 (1991)) which specifies that copyright law only protects “the fruits of intellectual labor” that “are founded in the creative powers of the mind.” Similarly, in a recent Australian case (Acohs Pty Ltd v Ucorp Pty Ltd), a court declared that a work generated with the intervention of a computer could not be protected by copyright because it was not produced by a human.

    1. With the advent of AI software, computers — not monkeys — will potentially create millions of original works that may then be protected by copyright, under current law, for more than 100 years.

      With the advent of AI software, computers — not monkeys — will potentially create millions of original works that may then be protected by copyright, under current law, for more than 100 years.

    1. copyright laws (the Dwarfelles are used as substitutes for the original Dwarfs, since Disney owns the Dwarf characters, and this is not a Disney film).
  2. Apr 2021
  3. Mar 2021
  4. Feb 2021
    1. Because the Berne Convention in most countries by default grants copyright holders monopolistic control over their creations, copyright content must be explicitly declared free, usually by the referencing or inclusion of licensing statements from within the work.
    1. what is allowed

      What is allowed = what is legal (i.e. copyright law) and what the journal is willing to publish or reject. If authors are told they should consult the journal and the only response is the journal's own policy, assuming it contradicts the right retention strategy (RRS), the Publisher/Editor/Production Editor will be misinforming the author and denying them their legal rights.

    2. However, we are unable to support one route to compliance offered by Plan S,

      The publishers below will not support the Plan S rights retention strategy (RRS). In its simplest form the RRS re-asserts the authors' rights as the rights holder to assign a copyright license of their choice (CC BY informed by their funding agency) to all versions of their research/intellectual output. In the case of the RRS states that the author should apply a CC BY license to their accepted manuscript (AAM) if they cannot afford to pay article processing charges or choose not to apply a CC BY license to the Version of Record (VoR), which they are free to do. Therefore, this statement is either saying the undersigned will not carry publications forward to publication (most appropriate approach), or they will not support the same copyright laws which fundamentally protects their rights and revenue after a copyright transfer agreement is signed by the rightsholder.

      Academy of Dental Materials

      Acoustical Society of America

      AIP Publishing

      American Academy of Ophthalmology

      American Association for Pediatric Ophthalmology and Strabismus

      American Chemical Society

      American Gastroenterological Association American Institute of Aeronautics and Astronautics

      American Medical Association

      American Physical Society

      American Society for Investigative Pathology

      American Society for Radiation Oncology

      American Society of Civil Engineers

      American Society of Hematology

      American Society of Clinical Oncology

      American Association of Physicists in Medicine

      American Association of Physics Teachers

      AVS – The Society for Science and Technology of Materials, Interfaces, and Processing

      Brill

      British Journal of Anaesthesia

      Budrich Academic Press

      Cambridge Media

      Cambridge University Press

      Canadian Cardiovascular Society

      De Gruyter

      Duncker & Humblot

      Elsevier

      Emerald

      Erich Schmidt Verlag

      French Society of Biochemistry and Molecular Biology

      Frommann-Holzboog Verlag

      Future Science Group 

      Hogrefe

      International Association for Gondwana Research

      IOP Publishing

      Journal of Nursing Regulation

      Journal of Orthopaedic & Sports Physical Therapy (JOSPT).

      Julius Klinkhardt KG

      La Découverte

      Laser Institute America

      Materials Research Forum LLC

      The Optical Society (OSA)

      Pearson Benelux

      SAGE Publishing

      Society of Rheology

      Springer Nature

      Taylor & Francis Group

      The Geological Society of America

      Thieme Group

      Uitgeverij Verloren

      Verlag Barbara Budrich

      Vittorio Klostermann

      wbv Media

      Wiley

      Wolters Kluwer

  5. Jan 2016
  6. Dec 2015
  7. Feb 2014
    1. U.S. intellectual property law originates (as law) from the Constitution: Article I, Section 8, Clause 8 of the Constitution makes copyright and patent law possible (“To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their INTELLECTUAL PROPERTY: POLICY FOR INNOVATION 4   respective Writings and Discoveries”) ,

      Article I, Section 8, Clause 8 makes copyright and patent law possible.