Ready Lawyer One. How the digital environment will change the IP law. Kostiantyn Zerov 03/07/2018, Kyiv

1. Ready Lawyer One
How the digital environment will change the IP law.
Kostiantyn Zerov
03/07/2018, Kyiv

2. In the beginning was a ... Technology

3. Copyright has always been at war with technology. Before the
printing press, there was not much need to protect an author’s
interest in his creative work. Copying was so expensive that nature
itself protected that interest. But as the cost of copying decreased, and
the spread of technologies for copying increased, the threat to the
author’s control increased. As each generation has delivered a
technology better than the last, the ability of the copyright holder to
protect her intellectual property has been weakened.
Lessig L. Code: And Other Laws of Cyberspace, Version 2.0 / Lawrence Lessig. – NY: Basic Books, 2006.

4. Technologly – Law
In a race, the quickest runner can never
overtake the slowest, since the pursuer must
first reach the point whence the pursued
started, so that the slower must always hold a
lead.
— as recounted by Aristotle, Physics VI:9,
239b15

5. BERNE 1886!
(1979)
Credit: http://4.bp.blogspot.com/-
Dgntg4ZI7R4/T3HemhcRDKI/AAAAAAAAA1E/Bsw9RsHzfw0/s1600/cosmic+turtle-1.jpg

6. The 20th Century
• Protection of layout-designs (topographies) of integrated circuits
• Protection of Computer programs
• Protection of Web-sites
• Protection of Videogames

7. Modern issues &
concerns
• AI & computer-generated works
• AR & VR & MR
• Licensing
• Scope of rights
• Derivative works
• Freedom of panorama
• 3d - printing
• post-mortem legal rights
• Copyright on audiovisual works
• Face swap

8. ISSUE: licensing

9. GSS had also licensed preexisting virtual worlds from their
competitors, so content that had already been created for games like
Everquest and World of Warcraft was ported over to the OASIS, and
copies of Norrath and Azeroth were added to the growing catalog of
OASIS planets. Other virtual worlds soon followed suit, from the
Metaverse to the Matrix. The Firefly universe was anchored in a
sector adjacent to the Star Wars galaxy, with a detailed re-
creation of the Star Trek universe in the sector adjacent to that.
Users could now teleport back and forth between their favorite
fictional worlds. Middle Earth. Vulcan. Pern. Arrakis. Magrathea.
Discworld, Mid-World, Riverworld, Ringworld. Worlds upon
worlds.
Cline Ernest - Ready Player One

10. Quod licet Iovi, non licet bovi
(c) Ready player one, 2018, WB

11. ISSUE: Scope of rights on VR & AR
(Copyright)
• Reproduction ( + temporary reproductions?)
• Communication to the public (including making available)
• Public demonstration?
• Right to make versions, adaptations, arrangements and other similar
alterations to works.

12. ISSUE: computer-
generated works

13. Works generated by computer
Works generated using a computer
Partly computer generated works
Section 9(3) CDPA (UK)
provides that the author of a
computer-generated work is
deemed to be the person "by
whom the arrangements
necessary for the creation of
the work are undertaken

14. Author - an individual who
created a work by his creative
effort.
Law of Ukraine "On Copyright and Related Rights"
CJEU Case C-5/08: “author’s own intellectual
creation.”

15. ISSUE: post-mortem legal rights

16. “It’s very likely that [the filmmakers] secured permission
from Cushing’s estate or his direct heirs, because the laws
regarding postmortem rights of publicity differ from state
to state,” Tyler Ochoa, a professor at the Santa Clara
University School of Law

17. Civil code of Ukraine
Article 1219
rights and obligations that are inextricably linked with the person of
the testator, in particular:
1)personal non-property rights;
[...] are not included in the inheritance
Article 308
A photo or other artistic works on which a natural person is
portrayed can be publicly demonstrated, reproduced, or distributed
only by the consent of this person, and in the case of his/her death, by
the consent of authorized persons (children, widow (widower),
and if they do not exist - parents, brothers and sisters).

18. ISSUE: Copyright
on audiovisual
works

19. Article 17. Copyright on Audiovisual Works
1. The authors of an audiovisual work shall be:
а) the director
b) the author of the script and (or) texts or dialogues;
c) the author of a musical work with or without lyrics, specially created for the
audiovisual work;
d) the art director;
e) the cameraman.
One and the same individual can carry out two or more of the author's functions
indicated in this part.
Law of Ukraine "On Copyright and Related Rights"
END USER?

20. I didn’t know it at the time, but I’d just become the first person to play an
entirely new type of videogame. When GSS got wind of the WarGames
simulation inside the First Gate (and they did a short time later), the
company quickly patented the idea and began to buy up the rights to old
movies and TV shows and convert them into immersive interactive games
that they dubbed Flicksyncs. Flicksyncs became wildly popular. There
turned out to be a huge market for games that allowed people to play a
leading role in one of their favorite old movies or TV series.
Cline Ernest - Ready Player One

21. ISSUE: face swap

22. A play on words has been lost in translation

24. Selected Readings
• Ready Lawyer One: Legal Issues in the Innovation of Virtual Reality by Crystal Nwaneri
• Coding Creativity: Copyright and the Artificially Intelligent Author by Annemarie Bridy
• Allocating Ownership Rights in Computer-generated Works by Pamela Samuelson
• Artificial Intelligence and the Copyright Dilemma by Kalin Hristov

25. Thank you for your
attention!
Kostiantyn Zerov
Fb.com/c.zerov
+38 O97 777 22 ЗЗ
В цій презентації були використані графічні матеріали інших осіб (Back to the Future; Ready player one, Star Wars,Shining) виключно в
некомерційних цілях, виключно як ілюстрації для навчання в обсязі, який відповідає зазначеній меті, відповідно до положень ст.23 Закону
України “Про авторське право і суміжні права”.