Big data and copyright law
Daniel Kiat Boon Seng · Edward Elgar Publishing eBooks · 2021
This chapter examines big data research methods as applied to copyright law. The formality free principle makes it difficult to maintain an authoritative database of copyright works, and complicates research into such works. Notwithstanding recent developments in the United States, traditional collective management organizations still face difficulties in identifying and licensing rightholders’ works. While new copyright management systems based around the automated detection of infringement provide rightholders with more monetisation options, these systems are opaque to research as they operate at the prerogative of the platform service providers. These limitations may however be overcome with careful application of big data research methods; some case studies involving previous researches using such methods follow. This chapter concludes with a review of research into defenses and fair use considerations in the online environment, and the impact of copyright filter systems proposed under the European Union's Directive on Copyright in the Digital Single Market.