Niva Elkin-Koren

Niva Elkin-Koren
University of Haifa | haifa · Faculty of Law

Professor

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34
Publications
4,135
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509
Citations

Publications

Publications (34)
Article
Full-text available
In recent years, artificial intelligence has been deployed by online platforms to prevent the upload of allegedly illegal content or to remove unwarranted expressions. These systems are trained to spot objectionable content and to remove it, block it, or filter it out before it is even uploaded. Artificial intelligence filters offer a robust approa...
Chapter
The rights of users of copyrighted materials are growing in signifi cance. This is the result of fundamental changes in the creative ecosystem that pull in opposite directions: on the one hand, the fl ourishing of user-generated content places individual users at the forefront of creative processes, strengthening the need to facilitate unlicensed u...
Article
Full-text available
Fair use is a statutory legal standard that authorizes courts to determine whether a particular use of a copyrighted work is permissible without a license. The open-ended nature of fair use enables copyright law to remain flexible and adaptable to changing circumstances. At the same time, however, flexibility creates a high level of uncertainty reg...
Article
Recent years echo a growing use of algorithmic law enforcement by online intermediaries. Facilitating the distribution of online content, online intermediaries offer a natural point of control for monitoring access to illegitimate content, which makes them ideal partners for performing civil and criminal enforcement. Copyright law was at the forefr...
Article
Dramatic shifts in intellectual property in recent years have created an intense debate over their potential impact on research and development. While some commentators believe that game-changing legal decisions will only carry limited impact on research and developments, others have argued that such legal shifts may increase the chilling effect of...
Article
Dramatic shifts in intellectual property in recent years have created an intense debate over their potential impact on research and development. While some commentators believe that game-changing legal decisions will only carry limited impact on research and developments, others have argued that such legal shifts may increase the chilling effect of...
Article
What does it take to be a free person in the information age? Securing freedom is undoubtedly one of the greatest challenges we are facing nowadays as we delve into the second decade of the twenty first century. In Configuring the Networked Self: Law, Code, and the Play of Everyday Practice Julie Cohen offers a profound exploration of the human con...
Article
Full-text available
Digital technology penetrated the publishing industry decades ago, but it was only in the past two years, that the digital revolution finally reached the book industry, as eBooks became a viable alternative to printed books. eBooks are not simply a fancy package for buying and selling books. They are transforming print culture. They are changing th...
Article
Full-text available
The prevalence of social production and the increase in User Generated Content (UGC) destabilize some of the fundamental premises of our current copyright law. Copyright law is primarily designed to regulate the relationships of a single owner with other non-owners and is focused on the sovereignty of the author/owner. Social production, by contras...
Article
The Web 2.0 brought individuals to the forefront of creative processes, where Internet users generate their own content and share it with communities of their choosing. The availability of Internet access at low cost enables the distribution of creative materials to a large audience, thus increasing their potential impact on users. User Generated C...
Article
Full-text available
The fair use doctrine may no longer facilitate the ultimate goal of copyright law, which is to promote production and dissemination of arts and sciences. The high degree of uncertainty stemming from the doctrine is creating a chilling effect and causing users to avoid exploiting the work in ways which the law seeks to encourage under fair use. To a...
Article
Full-text available
Does law matter in the information environment? What can we learn from the experience of applying a particular legal regime to the online environment? Informational privacy (or, in European terms, data protection) provides an excellent illustration of the challenges faced by regulators who seek to secure rights and shape the behavior of online play...
Article
Full-text available
This paper analyzes the rise of private ordering as a dominant strategy for governing creative works in the digital environment. It explores the changing nature of private ordering in the Web 2.0 environment, where it is used for governing User-Generated Content (UGC). Private ordering is playing an ever greater role in governing the terms of acces...
Article
This Article seeks to articulate the interests of information consumers in the era of Digital Rights Management Systems ("DRMs"). The impetus for this inquiry is the growing threat to the interests of information consumers in the digital age. Digital copies protected by DRMs enable rightholders to exercise unparalleled control over the use of copie...
Article
Full-text available
The liability of Internet Service Providers (ISPs) for infringing materials posted by their subscribers was highly controversial during the early days of the Internet. The cost of enforcing copyrights increased immensely as mass copying and distribution means became widespread and the volume of infringing materials increased. Copyright holders soug...
Article
Full-text available
The paper examines the legal strategy of Creative Commons and analyzes its potential for enhancing the sharing, distribution and reuse of creative works. The paper focuses on Creative Commons's strategic choice to rely on property rights and on viral contracts to promote free culture. While I share Creative Commons's concern with copyright fundamen...
Article
Creative Commons is a non-profit U.S. based organization that operates a licensing platform to promote free use of creative works. The idea is to facilitate the release of creative works under generous license terms that would make works available for sharing and reuse. Creative Commons advocates the use of copyrights in a rather subversive way tha...
Article
Full-text available
The book as a whole analyzes the effects of Cyberspace on the Economic Analysis of Law and argues that the networked information environment should exert a crucial influence on economic thinking, on the perception of law, and, by derivation, on the economic analysis of law. One can describe the Law and Economics Movement as comprising three generat...
Article
The book as a whole analyzes the effects of Cyberspace on the Economic Analysis of Law and argues that the networked information environment should exert a crucial influence on economic thinking, on the perception of law, and, by derivation, on the economic analysis of law. Information technologies have dramatically altered many aspects of our ever...
Article
The article examines shifts in the role of the State in the information environment, and focuses on the recent, innovative, cooperation between the State and private parties. We argue that while assuming the role of a regulator, the State allowed private nodes of control to emerge and develop in the information environment. We describe how the regu...
Article
Copyright law in recent years has undergone a process of privatization. While weakening the enforceability of conventional legislation (copyright rules), cyberspace facilitates alternative types of regulation such as contracts and technical self-help measures. Regulation by the code is significantly different from traditional types of public orderi...
Article
In various legal systems unjust enrichment is an important pillar of private law. However, it does not enjoy the same level of internal coherency and comprehensivness typical of other legal categories such as contract law and tort law. The doctrine of unjust enrichment is a rather general principle that encompasses a whole set of disconnected rules...
Article
The growing entity of Cyberspace exerts a crucial influence on the perception of the state, markets and the law, and, by derivation, on the economic analysis of law. The paper is intended to provide a preliminary and tentative look at the challenges posed by Cyberspace to the project of the economic analysis of law. We begin by applying the Chicago...
Article
A report recently released by the Information Insfrastructure Task Force, a Committee formed by the Clinton administration to articulate and implement its vision for the National Information Infrastructure (NII), recommended several amendments in copyright law. Among other things, the Report recommended expansion of the exclusive right of public di...
Article
This article addresses the future of copyright law in cyberspace. It argues that the potential of cyberspace to decentralize the production and dissemination of knowledge requires adjusting copyright rules to serve the promise of decentralization and to facilitate participation in the production of knowledge. This argument is demonstrated through a...
Article
Submitted to the School of Law. Copyright by the author. Thesis (J.S.D.)--Stanford University, 1995.
Article
Thesis (Ph. D.)--Stanford University, 1995. Includes bibliographical references. Photocopy.

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