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The existence of this dialectical relationship between rightsholder and user sits at odds with the principles of the copyright system which often assume a dichotomous, all-rights-reserved model of creativity. Commercial’ use is instead more narrowly construed by game publishers to mean use for the benefit of a company (e.g.,
In the quaint days of 2019, when the EU issued its Digital Single Market Copyright Directive (DSM) , much attention was focused on issues such as a news publishers’ right and the obligations of platforms to take down infringing materials. What about the words “allrightsreserved?” Doubtful, but murky.
Published in Landslide , Vol. Allrightsreserved. After decades of the NCAA reaping the benefit of college players, their labor, and their name, image, and likeness (collectively, NIL), the NCAA has changed its policy and allowed players to market their NIL without sacrificing their amateur status.
Ever since the passage of the EUs Digital Single Market copyright directive in 2019, I have been especially intrigued by the rightsreservation provisions relating to the commercial text and data mining (TDM) exception in Article 4. STM publishers typically attach Creative Commons licenses to content that is openly available.
Under international treaties and legislation, it is not possible to create an autonomous scientific author whose works would merit different IP conditions from the ‘allrightsreserved’ default rule. An Office for Free Intellectual Property Rights and Open Science should be created.
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