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Droit d’auteur 4.0 / Copyright 4.0
Cet ouvrage rassemble les contributions consacrées au droit d’auteur à l’ère du numérique et présentées lors de la Journée de Droit de la Propriété Intellectuelle (www.jdpi.ch) organisée le 22 février 2017 à l’Université de Genève. Ces contributions sont: Blocage de sites web en droit suisse : des injonctions civiles et administratives de blocage au séquestre pénal (Yaniv Benhamou) ; Website Blocking Injunctions-a decade of development (Jo Oliver/Elena Blobel) ; Le marché numérique européen : enseignements de la jurisprudence de la Cour de justice et perspectives règlementaires (Jean-Michel Bruguière) ; User-generated Content and Other Digital Copyright Challenges: A North American Perspective (Ysolde Gendreau) ; Copyright in the Digital Age: A view from Asia (Wenwei Guan) ; Deep Copyright: Up - and Downstream Questions Related to Artificial Intelligence (AI) and Machine Learning (ML) (Daniel Schoenberger).
Dommages-intérêts suite à la violation de droits de propriété intellectuelle : Etude de la méthode des redevances en droit suisse et comparé
Ce travail étudie la question des dommages-intérêts sous l'angle de la méthode des redevances suite à la violation de droits de propriété intellectuelle. Quantifier les dommages-intérêts est une question délicate en propriété intellectuelle en raison des spécificités de la matière et la méthode des redevances permet d'indemniser le titulaire sur la base des redevances de licence qui auraient été convenues dans le cadre d'un contrat de licence. Cette méthode est régulièrement appliquée à l'étranger mais plus difficilement en Suisse car elle fait l'objet d'une approche stricte du droit commun. L'ouvrage est structuré en deux parties. La première partie analyse l'ensem...
Research Handbook on Intellectual Property and Artificial Intelligence
This incisive Handbook offers novel theoretical and doctrinal insights alongside practical guidance on some of the most challenging issues in the field of artificial intelligence and intellectual property. Featuring all original contributions from a diverse group of international thought leaders, including top academics, judges, regulators and eminent practitioners, it offers timely perspectives and research on the relationship of AI to copyright, trademark, design, patent and trade secret law.
Employees' Intellectual Property Rights in Switzerland
In today's knowledge-based global economy, most inventions are made by employed persons through their employers' research and development activities. However, methods of establishing rights over an employee's intellectual property assets are relatively uncertain in the absence of international solutions. Given that increasingly more businesses establish entities in different countries and more employees co-operate across borders, it becomes essential for companies to be able to establish the conditions under which ownership subsists in intellectual property created in employment relationships in various countries. This comparative law publication describes and analyses employers' acquisition of employees' intellectual property rights, first in general and then in depth as manifested in 33 jurisdictions worldwide. The book was developed within the framework of the International Association for the Protection of Intellectual Property (AIPPI), a non-affiliated, non-profit organization dedicated to improving and promoting the protection of intellectual property at both national and international levels.
Copyright and Museums in the Digital Age
Digital museums - museum collections and/or online content disseminated over technology platforms - are fast becoming the norm. But they raise a number of legal issues ranging from copyright to image rights and from data protection to contract law. Copyright, in particular, raises important considerations because it governs whether and how content can be used. This article explores some of the key issues facing museums involved in curating interactive online exhibitions and offers guidance on what museums can do to ensure their activities comply with copyright law.
Controversies
Since its invention in 1839, photography has often been at the center of important ethical debates and sensational trials, and photographers have frequently had to undergo censorship or manipulation of their work (sometimes with important repercussions for their reputations). This volume brings together a wide range of images, from the early days of photography to the present, that have been the focus of controversy or of legal proceedings. Some of these pictures are well known; others are published here for the first time. Controversies permits us a better understanding of how a society or culture perceives itself, enabling us to consider contemporary debates with a more critical eye. The book features works by Michael Light, Oliviero Toscani, Gary Gross, Frank Fournier, Andres Serrano, Annelies Strba, Marc Garanger, Man Ray and Lewis Carroll, among others.
Blockchains, Smart Contracts, Decentralised Autonomous Organisations and the Law
The growth of Blockchain technology presents a number of legal questions for lawyers, regulators and industry participants alike. Primarily, regulators must allow Blockchain technology to develop whilst also ensuring it is not being abused. This book addresses the challenges posed by various applications of Blockchain technology, such as cryptocurrencies, smart contracts and initial coin offerings, across different fields of law. Contributors explore whether the problems posed by Blockchain and its applications can be addressed within the present legal system or whether significant rethinking is required.
NFTs, Creativity and the Law
Non-Fungible Tokens (NFTs) have emerged as an important medium for the creation, sale and collection of art, with many major business and fashion houses creating their own NFT projects. This book investigates the eruption of NFT crypto art, and its impact on copyright law. Chapters address topics at the intersection between AI, smart contracts, data science, copyright law and arts administration. With snapshots of the ongoing heated debates around copyright law, the book investigates whether NFTs violate copyright and moral rights, the liability of NFTs platforms, impacts on ethical issues such as counterfeiting. The first book published on this emergent topic, this book offers a comprehensive overview of opportunities and challenges raised by NFTs to copyright law and, more generally, to the regulation and economics of the creative and cultural industries. The book is addressed to law and tech enthusiasts as well as academics, students, practitioners and policy makers interested in the intersection between copyright rules and new forms of technology.
Digitization and Availability of Artworks in Online Museum Collections
We provide quantitative evidence from museum collections about how copyright status affects the availability of digital images of artworks. The paper applies a regression discontinuity and differences-in-differences design to estimate online availability of artworks from U.S. collections on digital platforms. We find a strong increase in the availability of digital surrogates when copyright is perceived to expire and original artworks are likely to transition to the public domain. Moreover, artworks and surrogates made available see a large number of downstream reuses based on google image search data, which indicates online availability is of commercial and public value independent of right status. Notably, we show that upstream surrogates of public domain artworks made available by museums are positively correlated with higher image resolution quality as compared to digitized artworks still protected under copyright laws. At the same time, it seems expressed industry norms can help encourage U.S. museums to also make low-resolution surrogates of copyrighted artworks available.
Artificial Intelligence & Damages
Establishing liability for damages caused by AI used to be rather straightforward when only one or few stakeholders are involved, or when the AI could only take a limited range of pre-defined decisions in accordance with specific parameters defined by a human programmer. However, AI usually involves several stakeholders and components (e.g. sensors and hardware, softwares and applications, data itself and data services, connectivity features) and recent forms of AI are increasingly able to learn without human supervision which makes it difficult to allocate liability between all stakeholders. This contributions maps various possibilities, identify their challenges and explore lines of though...
