[Event Report] #2 Digital Knowledge – The Library and Copyright in a Global Digital Economy

This TechieKat is delighted to continue reporting on the Digital Knowledge – The Library and Copyright in a Global Digital Economy conference, organized by the National Library of Sweden in collaboration with the national IPO Swedish Intellectual Property Office (PRV) and the Stockholm Centre for Commercial Law at the Law Faculty at Stockholm University.

National Library of Sweden

Session E - Cross-Border Access to Source Material for Research

Kate Parson (on behalf of the EODOPEN project, National Library of Sweden) provided introductory remarks, highlighting the development of best practices following current legislation and presenting an overview of the EODOPEN project. Then, Karol Koscinski (Attorney at Law, Karol Koscinski Legal Office/ZAiKS), who moderated the session, outlined the importance of libraries’ mission and shared some insights into cross-border digitization of materials and Open Access licenses.

Marol Koscinski, Anita Huss Ekerhult, Anikó Grad-Gyenge, Jerker Rydén, Stef van Gompel and Kirsi Salmela 

Professor Stef van Gompel (Vrije Universiteit Amsterdam) discussed the territoriality of IP rights and the importance of licensing to make available materials to researchers. Stef also offered views about out-of-commerce works and Open Access materials. After him, Dr Anikó Grad-Gyenge (Vice Dean, Science and Innovation Affairs, Budapest University of Technology and Economics) outlined that exceptions and limitations established in the EU framework can support cross-border access and delved into Open Access business models.

Marol Koscinski, Anita Huss Ekerhult, Anikó Grad-Gyenge, Jerker Rydén, Stef van Gompel and Kirsi Salmela  

Then, it was Anita Huss Ekerhult's (IFRRO) turn. She exemplified WIPO’s collaboration on collective management in the Caribbean and the “WIPO connect” technical infrastructure to support cross-border access. Anita shared some insights into IFRRO’s recent visit to Peru and explained that the legal framework for collective management organizations (CMOs) is suitable for supporting solutions for cross-border access.

Marol Koscinski, Anita Huss Ekerhult, Anikó Grad-Gyenge, Jerker Rydén, Stef van Gompel and Kirsi Salmela  

After her, Kirsi Salmela (General Counsel, Kopiosto) addressed voluntary contractual agreements in light of libraries’ collections and the role of CMOs in accessing materials. Whereas Jerker Rydén (Senior Legal Adviser, National Library of Sweden) provided views about out-of-commerce works, due diligence of CMOs, and the value of licenses for the library sector.

Karol Koscinski, Anita Huss Ekerhult, Anikó Grad-Gyenge, Jerker Rydén, Stef van Gompel and Kirsi Salmela

Session F - Flexible Norms Facilitating AI in Research in Digital Economy

Professor Alison Firth (Newcastle Law School, Newcastle University) moderated this session. Jukka Liedes (Chair, Finnish Copyright Society) reflected on the society's values for creating flexible norms in light of AI. Jukka indicated that, so far, only certain countries have adopted legislation on AI and highlighted the case of the computational data analysis exception in Singapore.

Alison Firth, Jukka Liedes, Rudolf Leška, Carlo Lavizzari and Daniel Gervais

Then, Dr. Rudolf Leška (Štaidl Leška Advokáti, University of Finance and Administration Prague) took the stage. Rudolf discussed the differences between flexible and specific norms and the industries' trend of moving operations to jurisdictions that are considered AI-friendly. After him, Carlo Lavizzari debated certain aspects of negotiating terms involving AI aspects and whether exceptions are introduced to address market failures.

Alison Firth, Jukka Liedes, Rudolf Leška, Carlo Lavizzari and Daniel Gervais 

Last but not least, Professor Daniel Gervais (Law School Vanderbilt University) elaborated on fair use per US law. Daniel also elucidated the three-step test, covering its impact when introduced at the national level, analyzing aspects of the Berne Convention, and providing some examples of WTO cases. Besides, he offered insights into machine learning concerning databases, technological neutrality, and the interpretation of exceptions in relation to national libraries.

Alison Firth, Jukka Liedes, Rudolf Leška, Carlo Lavizzari and Daniel Gervais

Session G - Looking into the Future

Carlo Lavizzari moderated the last session of the conference. First, Professor Alison Firth (Newcastle University) discussed the possibility of reducing transactional costs via collective management and how licensing will be a key aspect when approaching AI in the future. After her, Bill Thompson (Head of Future Value Research & Principal Research Engineer, BBC R&D) explained that not all AI is generative AI. He also shared views on training processing and the adoption of new technologies.

Carlo Lavizzari, Alison Firth, Bill Thompson, Cecile Christensen, Jukka Liedes and Simone Procas

Then, Cecile Christensen (Deputy Director Digital Transformation, Royal Danish Library) addressed aspects of metadata, predictive and generative models, the libraries’ role in educating students about accessing sources, and whether training models on Scandinavian materials could reduce bias in those used in the region. After her, Jukka Liedes (Chair, Finnish Copyright Society) reflected on AI's impact on libraries and how it accelerates societal development. To conclude the session, Simone Procas (VP and Assistant General Counsel, The New York Times Company) provided insights into robot.txt and the ongoing US legal proceedings started by the New York Times against OpenAI and Microsoft involving inter alia LLMs.

Carlo Lavizzari, Alison Firth, Bill Thompson, Cecile Christensen, Jukka Liedes and Simone Procas

Following this session, treasures from the National Library's collections, comprising a short film about Codex Gigas and rarities, were showcased. A sunset cruise aboard the Motala Express in the Archipelago with dinner and live music was organized as a perfect farewell to close the conference! [Merpel was delighted to listen to her favourite jazz songs whilst enjoying the fantastic Swedish landscape and engaging with IP friends!].

IPKat members and friend, Eleonora Rosati, Tito Rendas, Verónica Rodríguez Arguijo and Antonios Baris

Overall, organizers and speakers should be commended for this conference, which also included fabulous social activities (see a glimpse below). 

Golden Hall, Stockholm City Hall (first day)

 

Sunset cruise at Motala Express (second day)

Review here my report on the first day of the conference.

All images by Verónica Rodríguez Arguijo, taken during the event (except the eleventh one by Tito Rendas).