Adler & Fromer on Memes and the New Creativity

Amy Adler (NYU School of Law) and Jeanne C. Fromer (NYU School of Law) have posted “Memes on Memes and the New Creativity” (NYU Law Review, Vol. 97, 2022) on SSRN. Here is the abstract:

Memes are the paradigm of a new, flourishing creativity. Not only are these captioned images one of the most pervasive and important forms of online creativity, but they also upend many of copyright law’s fundamental assumptions about creativity, commercialization, and distribution. Chief among them is that copying is harmful. Not only does this mismatch threaten meme culture and expose fundamental problems in copyright law and theory, but the mismatch is even more significant because memes are far from an exceptional case. Indeed, memes are a prototype of a new mode of creativity that is emerging in our contemporary digital era, as can be seen across a range of works. Therefore, the concern with memes signals a much broader problem in copyright law and theory. That is not to say that the traditional creativity that copyright has long sought to protect is dead. Far from it. Both paths of creativity, traditional and new, can be vibrant. Yet we must be sensitive to the misfit between the new creativity and existing copyright law if we want the new creativity to continue to thrive.

Richter et al. on To Break Up or Regulate Big Tech? Avenues to Constrain Private Power in the DSA/DMA Package

Heiko Richter (Max Planck Institute for Innovation and Competition) et al. have posted “To Break Up or Regulate Big Tech? Avenues to Constrain Private Power in the DSA/DMA Package” on SSRN. Here is the abstract:

Are the Digital Services Act (DSA) and the Digital Markets Act (DMA) appropriate instruments to regulate private power in the digital space? From August 30 to September 7, 2021, the Verfassungsblog and the Max Planck Institute for Innovation and Competition co-hosted the online symposium “To Break Up or Regulate Big Tech? Avenues to Constrain Private Power in the DSA/DMA Package“. This eBook brings together the 15 contributions from different perspectives, which were originally published successively on the Verfassungsblog. The collection in this eBook is intended to further advance the scholarly discourse on the regulation of private power.
Authors are Ilaria Buri, Joris van Hoboken, Giovanni De Gregorio, Oreste Pollicino, Alexander Peukert, Naomi Appelman, João Pedro Quintais, Ronan Fahy, Herbert Zech, Catalina Goanta, Hannah Ruschemeier, Paddy Leerssen, Ruth Janal, Teresa Rodríguez de las Heras Ballell, Inge Graef, Jens-Uwe Franck, Martin Peitz, Rupprecht Podszun, Peter Picht, and Suzanne Vergnolle.

Wilkins on Artificial Intelligence in the Recruiting Process: Identifying Perceptions of Bias

Lorenza M. Wilkins (Columbia Southern University) has posted “Artificial Intelligence in the Recruiting Process: Identifying Perceptions of Bias” on SSRN. Here is the abstract:

This study examined the perceived level of bias in former and current employees, supervisors, and directors, who work for companies that utilize artificial intelligence. Despite the evolving role of the artificial intelligence recruitment process, only limited research has been conducted. The theory that reinforced this study is Adams’ Equity Theory. An Organizational Inclusive Behavior survey instrument was applied to former and present employees, supervisors, and directors in the Research Triangle Park area of North Carolina (N=21). Three open-ended survey questions were included and complemented the survey instrument’s reliability. The Shapiro-Wilk test/IBM SPSS 26 and In vivo coding, leveraged by Quirkos software, supported this qualitative and non-experimental design. Age, education, ethnicity, and organizational level (employee rank) did reveal a modest relationship to the perceptions of bias, awareness, trust, and transparency concerning the use of artificial intelligence in the recruiting process.

Poesen on Regulating Artificial Intelligence in the European Union: Exploring the Role of Private International Law

Michiel Poesen (KU Leuven – Faculty of Law) has posted “Regulating Artificial Intelligence in the European Union: Exploring the Role of Private International Law” on SSRN. Here is the abstract:

This paper explores the role that private international law could play in regulating artificial intelligence (AI) in the European Union (EU). It will conclude that private international law has the potential of being a piece in a complex regulatory puzzle, which nonetheless has the potential of offering an effective contribution to ensuring accountable AI.