A Ghost Workers' Bill of Rights: How to Establish a Fair and Safe Gig Work Platform

Many of us assume that all the free editing and sorting of online content we ordinarily rely on is carried out by AI algorithms — not human persons. Yet in fact, that is often not the case. This is because human workers remain cheaper, quicker, and more reliable than AI for performing myriad tasks where the right answer turns on ineffable contextual criteria too subtle for algorithms to yet decode. The output of this work is then used for machine learning purposes to generate algorithms constructed from large data sets containing thousands of correctly coded observations. The fact that ghost workers are treated as consumers distorts the basic logic of the employment relationship, effectively placing the worker-as-consumer in the worst of both worlds, in which they hold the legal rights of neither group. This puts them in a regulatory limbo position in which they have little or no protection, control, or guarantee of return on investment. This is because the platforms that facilitate ghost work have orchestrated a three-way virtual relationship that absolves all parties of responsibility, while placing nearly all the risks and opportunity costs squarely on the shoulders of the workers. As a result, we believe such a work arrangement as it stands, does not uphold basic standards of Rawlsian justice as fairness

BlogForever D3.3: Development of the Digital Rights Management Policy

This report presents a set of recommended practices and approaches that a future BlogForever repository can use to develop a digital rights management policy. The report outlines core legal aspects of digital rights that might need consideration in developing policies, and what the challenges are, in particular, in relation to web archives and blog archives. These issues are discussed in the context of the digital information life cycle and steps that might be taken within the workflow of the BlogForever platform to facilitate the gathering and management of digital rights information. Further, the reports on interviews with experts in the field highlight current perspectives on rights management and provide empirical support for the recommendations that have been put forward

Some Reflections on Copyright Management Systems and Laws Designed to Protect Them

Copyright management systems (CMS)—technologies that enable copyright owners to regulate reliably and charge automatically for access to digital works—are the wave of the very near future. The advent of digital networks, which make copying and distribution of digital content quick, easy, and undetectable, has provided the impetus for CMS research and development. CMS are premised on the concept of trusted systems or secure digital envelopes that protect copyrighted content and allow access and subsequent copying only to the extent authorized by the copyright owner. Software developers are testing prototype systems designed to detect, prevent, count, and levy precise charges for uses that range from downloading to excerpting to simply viewing or listening to digital works. In a few years, for example, an individual seeking online access to a collection of short fiction might be greeted with a menu of options including: Open and view short story A — $0.50, or$0.40 for students doing assigned reading (verified based on roster submitted by instructor) Open and view short story B (by a more popular author) — $0.80, or$0.70 for students Download short story A (encrypted and copy-protected) — $1.35 Download short story B —$2.25 Download entire collection — $15.00 Extract excerpt from short story A —$0.03 per 50 words Extract excerpt from short story B — $0.06 per 50 words CMS also loom large on the legislative horizon. Copyright owners have argued that technological protection alone will not deter unauthorized copying unless the law provides penalties for circumventing the technology. Although a bill to protect CMS against tampering failed to reach a vote in Congress last year, the World Intellectual Property Organization\u27s recent adoption of treaty provisions requiring protection means that Congress must revisit the question soon. Part II describes these developments. The seemingly inexorable trend toward a digital CMS regime raises two questions, which the author addresses in parts III and IV, respectively. First, broadly drawn protection for CMS has the potential to proscribe technologies that have indisputably lawful uses and also to foreclose, as a practical matter, uses of copyrighted works that copyright law expressly permits. How may protection for CMS be drafted to avoid disrupting the current copyright balance? Second, and equally fundamental, CMS may enable both pervasive monitoring of individual reading activity and comprehensive private legislation designed to augment—and possibly alter beyond recognition—the default rules that define and delimit copyright owners\u27 rights. Given the unprecedented capabilities of these technologies, is it also desirable to set limits on their reach

Fair Use Challenges in Academic and Research Libraries

Summarizes findings from a survey of librarians on the application of fair use in copyright practice to fulfill libraries' missions of teaching and learning support, scholarship support preservation, exhibition, and public outreach

Download, Stream, or Somewhere in Between: The Potential for Legal Music Use in Podcasting

Podcasting is an increasingly popular new digital technology with the potential to be a great conduit of expression. Currently, the use of music is limited in podcasting due in large part to uncertainty as to what rights must be licensed before copyrighted music can be used legitimately. This iBrief examines what legal rights are implicated by podcasting by analyzing U.S. copyright law and comparing related technologies. This iBrief concludes that onerous licensing requirements are unnecessary, and for podcasting to realize its potential, a simple licensing framework must be established

Managing intellectual capital : individual rights and the public interest

Managing intellectual capital and intellectual property is a challenging task, especially for knowledge-based organisations vested with a public interest. Scientific ethics and freedom of information may clash with copyright law or with other intellectual property enactments, thereby engendering conflicts of interest. International law and treaties make for a complex regulatory framework. World-wide advocacy of the open access principle has led to some statutory changes, but its proponents mostly assume that copyright owners will act voluntarily. The implications for knowledge management are elucidated

Intellectual Property Policy Online: A Young Person’s Guide

This is an edited version of a presentation to the Intellectual Property Online panel at the Harvard Conference on the Internet and Society, May 28-31, 1996. The panel was a reminder of both the importance of intellectual property and the dangers of legal insularity. Of approximately 400 panel attendees, 90% were not lawyers. Accordingly, the remarks that follow are an attempt to lay out the basics of intellectual property policy in a straighforward and non-technical manner. In other words, this is what non-lawyers should know (and what a number of government lawyers seem to have forgotten) about intellectual property policy on the Internet. The legal analysis which underlies this discussion is set out in the Appendix

Copyright, Fair Use and the Digital Age in Academic Libraries: A Review of the Literature

Copyright law in the United States has gained a certain notoriety for its complexity and ambiguity, which has only been compounded by the evolution (or, some would say, revolution) of print resources to electronic resources. The purpose of this literature review is to review the current understanding of copyright law within the context of academic libraries in universities and colleges. Additionally, this review will describe what issues academic librarians face in complying with copyright law in this new digital age while continuing to perform duties such as processing course reserve materials, developing an institutional repository, and maintaining a digital collection. This literature review emphasizes the need for further and continuing education about copyright law among all members of the campus community, and, in particular, academic librarians