ALGORITHMS AND FUNDAMENTAL RIGHTS: THE CASE OF AUTOMATED ONLINE FILTERS

The information that we see on the internet is increasingly tailored by automated ranking and filtering algorithms used by online platforms, which significantly interfere with the exercise of fundamental rights online, particularly the freedom of expression and information. The EU’s regulation of the internet prohibits general monitoring obligations. The paper first analyses the CJEU’s case law which has long resisted attempts to require internet intermediaries to use automated software filters to remove infringing user uploads. This is followed by an analysis of article 17 of the Directive on Copyright in the Digital Single Market, which effectively requires online platforms to use automated filtering to ensure the unavailability of unauthorized copyrighted content. The Commission’s guidance and the AG’s opinion in the annulment action are discussed. The conclusion is that the regulation of the filtering algorithms themselves will be necessary to prevent private censorship and protect fundamental rights online

The Protection of Privacy of the IP Address in Slovenia

The protection of communication privacy covers not only the content of the conversation, but also other information related to the communication (metadata). The most prominent type of metadata in online communication is IP address, which defines the location of a computer or other connected device in the network. As a purely technical information, an IP address does not refer directly to any individual and is not in itself personal information. Yet, it can also be used to identify individuals online, track their location and online activity. An IP address is never strictly private, since any internet user’s IP address is visible to other participants in regular online interactions, which differentiates it from typical private information. The paper examines the conditions, developed in case law of the European Court of Human Rights and Court of Justice of the European Union as well as the Slovenian courts, under which an IP address can be considered personal data and when it is protected as a part of one’s commu- nication privacy. The paper then focuses on the issue of whether an individual should be considered to have waived the privacy protection of their IP address if they have taken no measures to hide it. The relevance of the distinction between static and dynamic IP addresses from the perspective of privacy protection is also discussed

Micro friction stir welding of copper electrical contacts

The paper presents an analysis of micro friction stir welding (μFSW) of electrolytic tough pitch copper (CuETP) in a lap and butt joint. Experimental plan was done in order to investigate the influence of tool design and welding parameters on the formation of defect free joints. The experiments were done using universal milling machine where the tool rotation speed varied between 600 and 1 900 rpm, welding speed between 14 and 93 mm/min and tilt angle between 3° and 5°. From the welds samples for analysis of microstructure and samples for tensile tests were prepared. The grain size in the nugget zone was greatly reduced compared to the base metal and the joint tensile strength exceeded the strength of the base metal

The Authorship of a Musical Work and the Position of a Music Arranger (Avtorstvo glasbenega dela in položaj glasbenega aranžerja)

The creation of the final form of a piece of popular music usually involves several people: the composer, the lyricist, the music arranger, performers, sound engineers, etc. The article explores under what conditions the contributions of these persons constitute co-authorship of a piece of music and discusses in which phase a musical work can be considered finished. The copyright status of a music arranger is discussed in particular, whose work is usually defined in theory as adaptation of existing musical works, whereas in the practice of Slovenian popular music, arrangers often act as co-authors of new original music. The last part of the article examines the rules on the duration of rights in musical works produced in co-authorship and discusses in what way the ownership and the duration of copyrights in musical works is affected by Directive 2011/77/EU, which sets out unified rules on the duration of rights in musical compositions with words

Film music rights management

Glasba je pomemben izrazni element v filmski umetnosti. Skladatelja, ki glasbo ustvari posebej za uporabo v filmu, zato slovenska zakonodaja priznava za soavtorja avdiovizualnega dela. Druge avtorje glasbe, ki je uporabljena v avdiovizualnih delih, pa se obravnava samo kot glasbene avtorje. Vendar se ustvarjalno delo skladatelja filmske glasbe razlikuje od prispevkov drugih filmskih umetnikov po tem, da je filmska glasba ustvarjena ločeno od preostalih prispevkov in jo je zlahka mogoče izkoriščati tudi samostojno, zunaj okvira avdiovizualnega dela. Da so skladatelji filmske glasbe hkrati glasbeni in filmski ustvarjalci, se v slovenski pravni ureditvi kaže tudi pri kolektivnem upravljanju avtorskih pravic, ki poteka drugače, če se filmska glasba izkorišča v okviru avdiovizualnega dela ali pa kot samostojno glasbeno delo. To razlikovanje delno odstopa od prevladujoče prakse v drugih primerljivih pravnih redih. Prispevek analizira pojem avtorstva avdiovizualnega dela in prispevkov k njemu po slovenskem pravu. Predstavlja, kako se je slovenski sistem kolektivnega upravljanja avtorskih pravic na filmski glasbi izoblikoval z odločitvami Urada RS za intelektualno lastnino, Sveta za avtorsko pravo in v sodni praksi. Opredeljena so sporna vprašanja pravne ureditve in predstavljene različne interpretacije, ki so jih zastopali različni deležniki.Music is an important expressive element in the film art. Slovenian legislation recognises a composer who creates music specifically for the use in a film (film score) as a co-author of the audiovisual work. Other authors of music used in audiovisual works are treated solely as musical authors. However, the creative work of film music composers differs from the contributions of other audiovisual artists as film music is created separately from other contributions and can easily be exploited independently, outside the scope of the audiovisual work. The fact that film music composers are simultaneously musicians and filmmakers is reflected in the Slovenian system of collective management of copyrights, which depends on whether film music is used in the context of an audiovisual work or as an independent musical work. This distinction partially deviates from the prevailing practice in other comparable legal orders. The paper analyses the concept of authorship of an audiovisual work and contributions to it under Slovenian law. It presents how the Slovenian system of collective management of copyrights in film music was shaped by the decisions of the Intellectual Property Office of the Republic of Slovenia, the Copyright Council and judicial practice. Controversial issues of legal regulation are defined and different interpretations represented by different stakeholders are presented

Temporary waiver of TRIPS obligations as a measure against the pandemic

Sporazum TRIPS je bil pomembno gonilo standardizacije pravne zaščite farmacevtskih izdelkov s pravicami intelektualne lastnine na svetovni ravni. Za primere izrednih razmer, ko mora javni interes prevladati nad zasebnimi pravicami, predvideva uporabo prisilne licence, ki se podeli za vsako državo posebej. Pandemija covida-19 je po celem svetu hkrati povzročila potrebo po pospešitvi proizvodnje in distribucije patentiranih cepiv, zdravil in medicinske opreme. V okviru STO se zato obravnava predlog, da bi v svetovni zdravstveni krizi vse države začasno oprostili obveznosti spoštovanja pravic intelektualne lastnine iz Sporazuma TRIPS in tako z enkratnim ukrepom odpravili pravne ovire za pravičen dostop do cepiv in zdravil po svetu. Prispevek predstavlja ukrepe za varstvo javnega zdravja v skladu s Sporazumom TRIPS in njihove pomanjkljivosti ter analizira, kako bi v domačem pravu učinkovala predlagana oprostitev obveznosti varovanja pravic intelektualne lastnine.TRIPS Agreement has been an important driver of the global standardisation of legal protection of pharmaceuticals with intellectual property rights. For the cases of emergency, where the public interest must prevail over private rights, the Agreement provides for the use of compulsory licensing granted on a country-by-country basis. The Covid-19 pandemic created the need to accelerate the production and distribution of patented vaccines, medicines, and medical equipment simultaneously all around the world. The WTO is therefore considering a proposal to temporarily exempt all member states from the obligation to respect intellectual property rights under the TRIPS Agreement in the wake of the global health crisis in order to remove legal barriers to fair access to vaccines and medicines worldwide. The paper presents measures for the protection of public health under the TRIPS Agreement, as well as their shortcomings, and analyses how the proposed waiver of intellectual property rights would operate in domestic law

The uncompleted privatization of functional land in Slovenia and attempts at its re-nationalization

The article discusses the unsettled ownership status of many tracts of urban land in Slovenian cities that persists as a consequence of the disorderly transition from the socialist into the market institutional environment. Problems arising from the privatization of real estate, which can be detected all over the former Yugoslavia, typically affect functional land, i.e. land directly intended for the regular use and functioning of a building. Frequently, the land register does not show the rightful ownership status of such plots, leading to disputes and lengthy court proceedings for the determination of ownership. This is particularly the case with shared outdoor parts of residential neighborhoods, which are often subject to unfounded ownership claims based on obsolete entries in the land register. Even some municipal authorities have attempted to bring such land into public domain under this pretense, which would, if successful, amount to a 21$^{st}$ century nationalization

Wire arc additive manufacturing of mild steel

This paper presents an overview of additive manufacturing technologies for production of metal parts. A special attention is set to wire arc additive manufacturing (WAAM) technologies, which include MIG/MAG welding, TIG welding and plasma welding. Their advantages compared to laser or electron beam technologies are lower investment and operational costs. However, these processes have lower dimensional accuracy of produced structures. Owing to special features and higher productivity, the WAAM technologies are more suitable for production of bigger parts. WAAM technology has been used together with welding robot and a cold metal transfer (CMT) power source. Thin walls have been produced using G3Si1 welding wire. The microstructure and hardness of produced structures were analysed and measured. A research was done to determine the optimal welding parameters for production of thin walls with smooth surface. A SprutCAM software was used to make a code for 3D printing of sample part

Remote fibre laser welding of advanced high strength martensitic steel

The study presents the results of remote robotic laser welding of advanced high strength Docol^® 1200 M martensitic steel. One mm thick samples were welded in a lap joint configuration using a special clamping system. Welding was done using a continuous-wave (CW) fibre laser with a constant welding power of 300 W and constant focus diameter Ø 1.8 mm. Welding was done using 12 different welding speeds in the range from 0.15 to 1 m/min, whereas the inclination angle was kept constant at 0°. The influence of various welding speeds and linear heat inputs during welding on microstructural changes were examined by the occurrence of acicular and allotriomorphic ferrite or martensite. Results revealed big influence of the clamping system on the accumulation of the laser beam energy, heat sink and consequently weld size and geometry, as well as its microstructure and joint strength. Tensile-shear strength, microstructure and hardness results confirmed laser power of 300 W and 0.6 m/min welding speed as the optimal parameters, at which a martensitic structure was obtained in the weld. The width of the heat affected zone (HAZ) in this case is 1100 µm