Joint Authorship

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Timo Ojala - One of the best experts on this subject based on the ideXlab platform.

  • mobilenin combining a multi track music video personal mobile phones and a public display into multi user interactive entertainment
    ACM Multimedia, 2005
    Co-Authors: Jurgen Scheible, Timo Ojala
    Abstract:

    This paper introduces a novel and creative approach for coupling multimedia art with a non-conventional distributed human-computer interface for multi-user interactive entertainment. The proposed MobiLenin system allows a group of people to interact simultaneously with a multi-track music video shown on a large public display using their personal mobile phones, effectively empowering the group with the Joint Authorship of the video. The system is realized with a client-server architecture which includes server-driven real-time control of the client UI to guarantee ease of use and a lottery mechanism as an incentive for interaction. Our analysis of the findings of an empirical user evaluation conducted in a true environment of use shows that the MobiLenin system is successful, addressing many of the challenges identified in the literature. The proposed system offers a new form of interactive entertainment for pubs and other public places, and the underlying architecture provides a framework for realizing similar installations with different types of multimedia content.

  • ACM Multimedia - MobiLenin combining a multi-track music video, personal mobile phones and a public display into multi-user interactive entertainment
    Proceedings of the 13th annual ACM international conference on Multimedia - MULTIMEDIA '05, 2005
    Co-Authors: Jurgen Scheible, Timo Ojala
    Abstract:

    This paper introduces a novel and creative approach for coupling multimedia art with a non-conventional distributed human-computer interface for multi-user interactive entertainment. The proposed MobiLenin system allows a group of people to interact simultaneously with a multi-track music video shown on a large public display using their personal mobile phones, effectively empowering the group with the Joint Authorship of the video. The system is realized with a client-server architecture which includes server-driven real-time control of the client UI to guarantee ease of use and a lottery mechanism as an incentive for interaction. Our analysis of the findings of an empirical user evaluation conducted in a true environment of use shows that the MobiLenin system is successful, addressing many of the challenges identified in the literature. The proposed system offers a new form of interactive entertainment for pubs and other public places, and the underlying architecture provides a framework for realizing similar installations with different types of multimedia content.

Jurgen Scheible - One of the best experts on this subject based on the ideXlab platform.

  • mobilenin combining a multi track music video personal mobile phones and a public display into multi user interactive entertainment
    ACM Multimedia, 2005
    Co-Authors: Jurgen Scheible, Timo Ojala
    Abstract:

    This paper introduces a novel and creative approach for coupling multimedia art with a non-conventional distributed human-computer interface for multi-user interactive entertainment. The proposed MobiLenin system allows a group of people to interact simultaneously with a multi-track music video shown on a large public display using their personal mobile phones, effectively empowering the group with the Joint Authorship of the video. The system is realized with a client-server architecture which includes server-driven real-time control of the client UI to guarantee ease of use and a lottery mechanism as an incentive for interaction. Our analysis of the findings of an empirical user evaluation conducted in a true environment of use shows that the MobiLenin system is successful, addressing many of the challenges identified in the literature. The proposed system offers a new form of interactive entertainment for pubs and other public places, and the underlying architecture provides a framework for realizing similar installations with different types of multimedia content.

  • ACM Multimedia - MobiLenin combining a multi-track music video, personal mobile phones and a public display into multi-user interactive entertainment
    Proceedings of the 13th annual ACM international conference on Multimedia - MULTIMEDIA '05, 2005
    Co-Authors: Jurgen Scheible, Timo Ojala
    Abstract:

    This paper introduces a novel and creative approach for coupling multimedia art with a non-conventional distributed human-computer interface for multi-user interactive entertainment. The proposed MobiLenin system allows a group of people to interact simultaneously with a multi-track music video shown on a large public display using their personal mobile phones, effectively empowering the group with the Joint Authorship of the video. The system is realized with a client-server architecture which includes server-driven real-time control of the client UI to guarantee ease of use and a lottery mechanism as an incentive for interaction. Our analysis of the findings of an empirical user evaluation conducted in a true environment of use shows that the MobiLenin system is successful, addressing many of the challenges identified in the literature. The proposed system offers a new form of interactive entertainment for pubs and other public places, and the underlying architecture provides a framework for realizing similar installations with different types of multimedia content.

Timothy John Mcfarlin - One of the best experts on this subject based on the ideXlab platform.

  • An Idea of Authorship: Orson Welles, The War of the Worlds Copyright, and Why We Should Recognize Idea-Contributors as Joint Authors
    Case Western Reserve law review, 2015
    Co-Authors: Timothy John Mcfarlin
    Abstract:

    Did Orson Welles co-author the infamous War of the Worlds broadcast? The Ninth Circuit Court of Appeals has told us no, primarily because he only contributed the idea behind the broadcast, and ideas alone can’t be copyrighted. “An Idea of Authorship” challenges this premise — that ideas, no matter how significant, cannot qualify for Joint Authorship in collaborative works — and argues that we as a society should, under certain circumstances, recognize idea-contributors like Welles as Joint authors. We should do so to further our society’s interest in encouraging future creations, as well as out of a sense of equity and fairness to idea-contributors, acknowledging the value of ideas to creative work. Recognizing idea-contributors as Joint authors would increase the contractual bargaining power of many of our society’s most creative minds and ultimately better foster the free flow of ideas essential to the constitutional goal of promoting the “Progress of Science and useful Arts.”

  • Father(s?) of Rock & Roll: Why the Johnnie Johnson v. Chuck Berry Songwriting Suit Should Change the Way Copyright Law Determines Joint Authorship
    2014
    Co-Authors: Timothy John Mcfarlin
    Abstract:

    Father(s?) of Rock & Roll utilizes a unique and historic resource — the previously unseen deposition testimony of Chuck Berry and his piano man Johnnie Johnson — to analyze the problems with how copyright law currently determines Joint Authorship and to propose a new “Berry-Johnson” Joint Authorship test. We accept as fact that Berry, the self-reliant founding father of rock & roll, wrote his music by himself. However, in 2000, Johnson, who originally hired Berry and who played piano on nearly all the significant songs in the Berry canon, classics such as “Roll Over Beethoven,” “Rock and Roll Music,” “School Day,” “Sweet Little Sixteen,” and “Back in the U.S.A.,” sued Berry, claiming he co-wrote the music to these songs. Both Berry and Johnson testified extensively in the suit about the songs’ creation. Their testimony has been unavailable for study, until now. Granted access to the case file, I quote and analyze key portions of Berry’s and Johnson’s deposition testimony, using it as a case study of high-level collaborative creativity and exploring what it can teach us about how best to determine Joint Authorship under U.S. copyright law.Johnson v. Berry exposes the faults in the prevailing judicial Joint Authorship tests, which misplace their focus on whether collaborators: (1) considered themselves authors, (2) contributed independently copyrightable expression, (3) controlled the creative work, and (4) contributed expression that has audience appeal. Father(s?) of Rock & Roll proposes a new approach, the “Berry-Johnson” test, centered on the creation of the work itself. This test, at its core, asks: did more than one person intend to create a single work and did they each substantially contribute to its essence? If so, these persons are its Joint authors. To guide this determination, the test uses (1) the relative impact of each contribution on the work, (2) the views each contributor had regarding the substantiality of the others’ contributions, and (3) industry custom.The Berry-Johnson test thereby better recognizes worthy Joint authors while setting a bar high enough that courts will not explode with Joint Authorship litigation. Courts should adopt the Berry-Johnson test to resolve Joint Authorship disputes. Better yet, Congress should expressly codify it in the Copyright Act, along with a provision creating a compulsory license for authors’ use of their non-author collaborators’ independently copyrightable contributions, closing a worrisome loophole in the law highlighted by the recent Garcia v. Google case.In this way the testimony of Chuck Berry and Johnnie Johnson should change copyright law and improve how we determine Joint Authorship in future collaborations.

  • father s of rock roll why the johnnie johnson v chuck berry songwriting suit should change the way copyright law determines Joint Authorship
    2014
    Co-Authors: Timothy John Mcfarlin
    Abstract:

    Father(s?) of Rock & Roll utilizes a unique and historic resource — the previously unseen deposition testimony of Chuck Berry and his piano man Johnnie Johnson — to analyze the problems with how copyright law currently determines Joint Authorship and to propose a new “Berry-Johnson” Joint Authorship test. We accept as fact that Berry, the self-reliant founding father of rock & roll, wrote his music by himself. However, in 2000, Johnson, who originally hired Berry and who played piano on nearly all the significant songs in the Berry canon, classics such as “Roll Over Beethoven,” “Rock and Roll Music,” “School Day,” “Sweet Little Sixteen,” and “Back in the U.S.A.,” sued Berry, claiming he co-wrote the music to these songs. Both Berry and Johnson testified extensively in the suit about the songs’ creation. Their testimony has been unavailable for study, until now. Granted access to the case file, I quote and analyze key portions of Berry’s and Johnson’s deposition testimony, using it as a case study of high-level collaborative creativity and exploring what it can teach us about how best to determine Joint Authorship under U.S. copyright law.Johnson v. Berry exposes the faults in the prevailing judicial Joint Authorship tests, which misplace their focus on whether collaborators: (1) considered themselves authors, (2) contributed independently copyrightable expression, (3) controlled the creative work, and (4) contributed expression that has audience appeal. Father(s?) of Rock & Roll proposes a new approach, the “Berry-Johnson” test, centered on the creation of the work itself. This test, at its core, asks: did more than one person intend to create a single work and did they each substantially contribute to its essence? If so, these persons are its Joint authors. To guide this determination, the test uses (1) the relative impact of each contribution on the work, (2) the views each contributor had regarding the substantiality of the others’ contributions, and (3) industry custom.The Berry-Johnson test thereby better recognizes worthy Joint authors while setting a bar high enough that courts will not explode with Joint Authorship litigation. Courts should adopt the Berry-Johnson test to resolve Joint Authorship disputes. Better yet, Congress should expressly codify it in the Copyright Act, along with a provision creating a compulsory license for authors’ use of their non-author collaborators’ independently copyrightable contributions, closing a worrisome loophole in the law highlighted by the recent Garcia v. Google case.In this way the testimony of Chuck Berry and Johnnie Johnson should change copyright law and improve how we determine Joint Authorship in future collaborations.

Daniela Simone - One of the best experts on this subject based on the ideXlab platform.

  • Kogan v Martin: A New Framework for Joint Authorship in Copyright Law
    The Modern Law Review, 2020
    Co-Authors: Daniela Simone
    Abstract:

    The Court of Appeal has set out a new framework for the application of copyright law’s Joint Authorship test in a recent landmark case. Kogan v Martin brings some welcome clarity to the complex Joint Authorship landscape, embedding an inclusive pro-collaboration default standard. This case note contrasts the appeal court’s nuanced framing of the dispute to the first instance court’s narrower approach. Then, it examines the new Joint Authorship framework explaining how it allows the test to be applied with an eye to the reality of collaborative creative endeavours. Finally, the significance of this decision is highlighted, as are some questions which remain unanswered.

  • Copyright and Collective Authorship: Locating the Authors of Collaborative Work
    2019
    Co-Authors: Daniela Simone
    Abstract:

    As technology makes it easier for people to work together, large-scale collaboration is becoming increasingly prevalent. In this context, the question of how to determine Authorship - and hence ownership - of copyright in collaborative works is an important question to which current copyright law fails to provide a coherent or consistent answer. In Copyright and Collective Authorship, Daniela Simone engages with the problem of how to determine the Authorship of highly collaborative works. Employing insights from the ways in which collaborators understand and regulate issues of Authorship, the book argues that a recalibration of copyright law is necessary, proposing an inclusive and contextual approach to Joint Authorship that is true to the legal concept of Authorship but is also more aligned with creative reality.

  • Copyright and collective Authorship
    2014
    Co-Authors: Daniela Simone
    Abstract:

    Many scholars have suggested that current copyright law is ill-equipped to the challenges of determining the Authorship of collaborative work. This thesis analyses four case studies of large scale collaboration (Wikipedia, Indigenous art, scientific collaborations and film) in order to consider how best to determine the Authorship of the creative works that they produce for the purposes of copyright law. Current scholarship and much of the case law has tended to favour a restrictive approach to the grant of Joint Authorship status, in order to minimise the number of potential authors of a work. This is motivated by instrumental/pragmatic concerns related to the ease of exploiting a copyright work. As Joint authors are often Joint first owners of copyright, proponents of this approach fear that a minor contributor might cause hold-up problems by refusing to consent to licence or assign their copyright interest. This thesis argues that an instrumental/pragmatic approach to the application of the Joint Authorship test is undesirable, because it distances the test both from the creativity reality of collective Authorship and from copyright’s notion of the author. In addition, the instrumental/pragmatic approach relies upon assumptions about creators, the creative process and the exploitation of creative works which are not borne out in the case studies. Building on the insights from the four case studies, the thesis argues that the best approach to applying the Joint Authorship test to works of collective Authorship is one that is inclusive (of all those who have made a more than de minimis contribution of creative choices to the protected expression) and contextual (in that it takes the context of creativity into account). In coming to this conclusion the thesis also offers broader lessons about the nature of Authorship and the ongoing relevance of copyright law standards for the regulation of collaborative creativity.

  • Recalibrating the Joint Authorship Test: Insights from Scientific Collaborations
    2013
    Co-Authors: Daniela Simone
    Abstract:

    While a scientific journal article is an original literary work for the purposes of copyright law, many contributors listed as ‘authors’ on such articles are not authors for the purposes of copyright; and some contributors who are copyright authors might not be listed as such in the byline. Although ‘Authorship’ might have different meanings to copyright lawyers and to scientists, this concept is challenged in interesting ways by the activities of large collaborations in both contexts (copyright law and science). This article considers whether science’s responses to the challenge of attributing Authorship in respect of highly collaborative work might offer any insights for copyright. In particular, the attempts of biomedical science journals to limit Authorship claims to dominant contributors are contrasted with the highly inclusive approach taken by particle physics collaborations. It is then argued that although it is important to retain a core legal notion of Authorship, this notion ought to be applied in a way that is sensitive to the context in which creativity occurs. The article concludes with some suggestions on how the Joint Authorship test might be recalibrated in the light of the different ways that large groups create.

Leo C. Polopolus - One of the best experts on this subject based on the ideXlab platform.