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When does similarity become plagiarism?

By tbud on January 28, 2015

Tom Petty receives writing credit on Sam Smith hit Stay With Me

This recent article in the Globe and Mail reminded me of our class discussion on stand-up comedians and the lack of protection for their jokes, and the problems that may arise from trying to create legal protections. I see somewhat of a parallel problem in songwriters and their songs. In my view I think sometimes songs are so similar that it’s hard to determine whether one is sufficiently similar to another to warrant some sort of legal action. In this case, Sam Smith now has to pay royalties to Tom Petty.

If you listen to the two songs, in my opinion, they are generally very different save for a few notes, and they are definitely different in terms of musical style. I don’t think I would have ever mistaken the Tom Petty song for the Sam Smith song. As well, in music, there are only so many notes and chords that go well together –  think about all the generic rock songs where you have mistaken one song for another (mainly because they use the same three chords throughout!).

If we view Sam Smith as a ‘connector’ rather than a ‘creator’, does this change our view of law’s normative function in this case?

Another good article concerning these two songs asks – “when does similarity become plagiarism“?

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Coding Style and Digital Creativity

By Ryan Vogt on January 28, 2015

I saw some raised eyebrows last week when I said that I could tell, in the Google v Oracle case, that two different programmers had touched the nine lines of code in question (one had written most, and another had come in to fix a minor bug), despite this never being (as far as I can tell) a public admission.

Here is an interesting article on just how “fingerprint-y” a programmer’s coding style is, and what might lead to a constraint on creativity if your style “fingerprint” is used against you.

http://www.itworld.com/article/2876179/csi-computer-science-your-coding-style-can-give-you-away.html

Cheers!

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Open-Access Publication: Creativity, Constraints, and Ethics

By Ryan Vogt on January 28, 2015

A very interesting short piece about the recent surge in open-access journals.

As a bit of background about the “traditional” and “open” manners of publishing scientific papers:

  • In the traditional form, authors have their work reviewed; if accepted, it is published for free (or some relatively nominal charge to the author). There are often ads in journals published as such, and subscriptions (i.e., the ability to read the papers in these journals) are really expensive (for universities, commercial labs, etc.).
  • In the open form, authors pay a lot to publish in the journal. However, once published, the journal articles are available to anyone for free.

The ethical implications of either of these forms of constraint on scientific creativity and sharing publications are unnerving.

Not mentioned in the article are Creative Commons-esque ways of publishing, such as arXiv (which has its own issues, such as lack of true peer review and sheer volume of publication).

Cheers!

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Creativity Without Law

By amjadkdr on January 27, 2015

This is a webcast of a conference that took place this past November entitled “Creativity Without Law”, co-sponsored by the Harvard Berkman Center:

The event will focus on the growing body of scholarship examining the on-the-ground practices of creators and innovators. That scholarship challenges intellectual property orthodoxy by suggesting that incentives for creative production often exist in the absence of, or in disregard for, formal legal protections. Instead, many communities rely on evolving social norms and market responses to ensure creative incentives. From tattoo artists to medical researchers, Nigerian filmmakers to roller derby players, these communities demonstrate how creativity can thrive without legal incentives, and perhaps more strikingly, that some creative communities prefer self regulation to law. We will consider both the merits and limitations of this line of research. We expect the conference to offer important practical insights for lawyers who represent clients in creative fields, helping them understand doctrinal limits on IP protection as well as the non legal considerations that shape client motivations, expectations, and business decisions.

http://law.case.edu/lectures/webcast.aspx?dt=20141107

Thought it may help inspire some presentation/paper ideas.

Amjad

 

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AI and Creativity

By Ryan Vogt on January 27, 2015

Today in class, we talked briefly about artificial intelligence (AI) and what it means for creativity. I thought this article that I saw yesterday comparing the smartness and creativity of humans and AIs (and, more importantly, the author’s vision of where AI is headed) would be a cool (if lengthy) read.

http://waitbutwhy.com/2015/01/artificial-intelligence-revolution-1.html

Cheers!

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Constraints Made Google and Mick Jagger Great–and They’ll Make You a Better Entrepreneur

By Jon Festinger on January 25, 2015

Screen Shot 2015-01-25 at 1.08.14 PM

Here is another piece that glorifies constraints – this time in an entrepreneurial rather than creative context. In doing so it arguably provides a clue as to what lies behind this S&M like lust for handcuffs. Read closely and you may see that it comes down to ego and the illusion of being special. In other words is the argument, not so much that constraints are good, but that constraints differentiate the average from the superior? So if you are truly great you will overcome constraints whether in business or art. All very confirmatory of existing elites and a patronizing pat on the head to aspiring plebeians.

In this context is it not clear that in fact what constraints test is resilience? And resilience has without doubt been shown to be a primary source of ultimate success in many areas. But resilience and creativity are two very different attributes.

Read and decide for yourself : Constraints Made Google and Mick Jagger Great–and They’ll Make You a Better Entrepreneur.

jon

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Top 10 Internet Law Developments Of 2014

By Jon Festinger on January 25, 2015

Screen Shot 2015-01-25 at 12.05.10 PM

Here is a terrifically useful article by Professor Eric Goldman of Santa Clara Law called the “Top 10 Internet Law Developments Of 2014”. It is potentially a wonderful source of inspiration for seminar or paper topics. Here is the link: Top 10 Internet Law Developments Of 2014.

jon

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The Entire Concept Of Intellectual Property Is Proof That Free Markets Aren’t Perfect

By Jon Festinger on January 25, 2015

Screen Shot 2015-01-25 at 11.30.35 AM

Though essentially tautological in it’s structure and delivery, this piece from Forbes is nevertheless of some use to provoke thought, though ironically not necessarily in the direction the author intended. Read it here: The Entire Concept Of Intellectual Property Is Proof That Free Markets Aren’t Perfect.

Now ask yourself if the better answer is to: A. Accord intellectual property protection at the derivative stage as argued by the author; or B. Perhaps to diminish IP protections at the initial stages; and/or C. Increase the scope of Fair Dealing/Fair Use?

jon

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News of the Week Top 5; January 21, 2015

By Jon Festinger on January 24, 2015

1. Art Spiegelman Criticizes US Press for Not Publishing ‘Charlie Hebdo’ Cartoons

Screen Shot 2015-01-24 at 3.35.51 PM

2. EFF Offers A Strong Rebuke Of President Obama’s Cybersecurity Proposals

Screen Shot 2015-01-24 at 3.25.51 PM

3. TV on your phone: Dish prevails in copyright fight with broadcasters: Judge says Dish Anywhere service is not Aereo. Fox “disappointed” with ruling

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4. Artist Luc Tuymans Loses Plagiarism Case, Raises Questions

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5. Steven Soderbergh Fought To Make Re-Editing Films Illegal; Now He’s Re-Editing Famous Films: from the the-rules-don’t-apply-to-me dept

Screen Shot 2015-01-24 at 3.43.39 PM

jon

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Weekly Student-Hour: 20 January 2015 – Slides

By Ryan Vogt on January 22, 2015

Here are the slides from my presentation on 20 January 2015, in case anyone wanted them.

Cheers!

Weekly Student-Hour: 20 January 2015

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Check out the UBC Video Game Law Course
LEGAL CONSTRAINTS ON (DIGITAL) CREATIVITY: The Course
This is the website for the course "Legal Constraints on Digital Creativity" being offered at the Allard School of Law, UBC. Among the purposes of this website is near real-time engagement with and about course materials. As well as to solicit additional comments, reactions and thoughts from students as well as academic and creative colleagues regarding the content, pedagogy and delivery of the course. The course is a cousin to Video Game Law which has recently completed its 8th academic year. That course examines how legal constructs apply to a particular advanced form of interactive media. This course is not fixed on any one digital form. It asks how law is altering, circumscribing and entwining our creative instincts and powers. The course description reads: This course examines the implications to the human creative process engendered by law and legalities. The invention of digital worlds has resulted in changes and advancements that could scarcely be imagined, with much more still to come. As significant as was the coming of the Internet, the development of software languages, and the growth of social media, they are only part of the story. Among the most profound changes is a fundamental shift in our conception and understanding of what “creativity” means and how it manifests. With today’s tools it is clearer than ever that everyone is a content creator. It is particularly in this light of the democratization of creativity that this course seeks to understand the content realms. Today many legal perspectives are rights based. Rather than another dialectic on rights, we will catalogue and debate the myriad ways creativity is in fact restrained, shaped, and altered even while “freedom of speech/expression” is acknowledged. Above all we will seek to specifically identify the roles of law & regulation in this process. In so doing we will deepen our understanding of censorship, its conventions and guises. We will travel with the creator on the journey their content traverses. In particular we will focus on how intended and received meanings are altered as a consequence of the constraints we identify. We will in every class proceed from the inside out, from the creation of an idea through stages of gestation, fixation, distribution, communication, reception, comprehension, interpretation, and understanding. Our classes will examine different levels of creative constraint, as well as cataloguing their consequences to creators, the creative process, and democracy itself. We will, employing various methods, survey the following layers of control, moving from purely private to state sponsored: a. Creative Models & Community Constraints (extra-legal) b. Technological & Structural Constraints c. Copyright, Remixing & Modding d. Trademarks, Patents & the IP Business (including "IP trolling”) e. Contractual Constraints (EULA’s, ToS’ and the “Post IP World”) f. Privacy, Defamation, & Personality Rights  g. Industry & Medium Regulation in a Digital Age (net neutrality, neg regulation & the future of “Broadcasting”) h. Consumer Protection (“Big Data” as well as psychological manipulations or “brain-gaming”) i. Criminal/Obscenity/Taxation/Currency/Gambling Law & Regulation j. Internet Governance & Surveillance (and the meanings of “Hacking”) On the site you will find sections for the Syllabus and for the materials. Both are, of necessity in this fast moving digital world, always works in progress. jon


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CONSTRAINTS RELATED TO THIS WEBSITE

You agree that the comments you contribute to this website may find their way into the course, other iterations of the course, other courses, lectures, books, or anywhere at all, without any acknowledgment or obligation to you. That said, you are legally responsible for your comments you make to this site under all applicable laws. This site is not intended and must not be used as a source of legal advice. Please see the Terms of Use referenced at the bottom of the page for additional constraints. As well you will find a version of these words on the submission forms (unless you are a student in the course, in which case you will have full authorship privileges).  And no, the irony of this disclaimer having regard to the subject matter of this website and the course to which it relates, is not lost on the writer.

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