Category: Copyright and IP

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Copyright on Information. A Dangerous Path

In its “Re-use of Public Sector information” website section, the Irish Data Protection Commissioner writes verbatim

All of the information featured on our website is the copyright of the Data Protection Commission unless otherwise indicated. You may re-use the information on this website free of charge in any format.

At first sight this statement might looks innocuous, but actually it carries a blatant mistake that will turns into a dangerous trend: imposing copyright on information.

In the EU, Copyright – better, the Right of Author – grants legal protection to the way an idea is creatively put in writing or in whatever way can be perceived by a human beings. In other words, this Shakespear’s quote from Hamlet’s Act II, Scene II

Though this be madness, yet there is method in ‘t.

is protected by the Right of Auhtor because of the “how” (creative form) rather than of the “what” (raw information). 1

Therefore, the statement of the Irish Data Protection Commissioner is a wrong enforcement of the Right of Author prerogatives.

But why is it dangerous too?

The talk I did at the 2004 Licensing Executive Society of Britain and Ireland Annual Conference, lately edited in a paper published by Ciberspazio e Diritto (English version available here) explains what is at stake:

The impossibility of securing patents did not stop the attempts to establish some sort of “ownership” on the genetic information, and alternative ways have been sought. As far back as 1987, Walter Gilbert, one of the pioneers in bioinformatics research, declared to the Washington Post: “I don’t believe in the patentability of the genome. What we are actually interested in is securing copyrights on the sequences. This means that if someone wishes to read the code, they will have to pay us to get access. Our goal is to make the information available to everyone. Provided they pay a price.

Imposing “copyright” over information, then, is not only wrong because there is no creativity on raw data. Is dangerous because it is a way to deprive people of their right to knowledge (right to science) and to be informed (free speech)

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  1. Of course Hamlet is in the public domain regime, but the moral Right of Author still stands ↩
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The EU Copyright Directive Doesn’t Protect Authors while Endangering Fundamental Rights

After thunder comes rain, so the infamous copyright directive was finally approved by the European Parliament on 26 March 2019.

With the usual excuse of “protecting authors and culture”, this directive, in fact, only protects the interests of large publishing groups to the detriment of those of independent content creators, does not promote freedom of information and creates an alibi for platforms to censor users. Continue reading “The EU Copyright Directive Doesn’t Protect Authors while Endangering Fundamental Rights”

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Ariana Grande to learn a lesson on right of author

Actually I don’t understand why the Ariana Grande’s lamentation about a photographer to claim copyright over a photo he took of her should be either an issue or a news. A photographer is the sole owner of the pictures he takes, and if the portrayed person wants to use is it he must pay for that (remember the day of your wedding, and the fact that the photographer did not give you the film or the RAW files? This is why.) That’s the basis of the right of author law.

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Weibo vs Leica Camera AG: Social Networks and the loss of control over corporate brands

An advertising video titled “The Hunt” and aimed at promoting the “Leica experience” raised controversy in China because of a frame showing a lens that mirrors the Tank Man picture portraying the activist that in Tien An Men Square blocked a PRC Tank just refusing to give way.

As a result for what has been perceived as an infringement of the chinese social networking platfrom Weibo terms and conditions, the word “Leica” (both in English and Chinese) is banned from the platform.

Furthermore, the partnership between Leica and HwaWei to establish a Chinese presence of the German camera manufacturer seems to having being jeopardized, at least for now. Continue reading “Weibo vs Leica Camera AG: Social Networks and the loss of control over corporate brands”

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The Battle of Copyright-Fishes

Contrary to the public opinion, copryight’s abuses don’t belong to “pirates” only.

Using the “weight” of his business size, singer Ariana Grande allowed photographers to participate to her show only if they surrender their copyright over the picture they shoot.

That’s rather interesting and disturbing because to criticize this decision, f the photography industry “shouted fire” claiming an infringement of the freedom of press.

But ? the Arianagrandegate is about money, not freedom, and it is unfair – to say the least -to invoke free speech to protect a pure business interest.

So, it will be interesting to see how this will evolve: copyright fishes that peacefully swim in the same pond now discover that friends has become foes.

End everybody knows what happens when a smaller fish meets a bigger one.

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