Data as collateral?
To complement our previous considerations about the civil-law status of data, we should analyse the possibility of using data to create security interests in business transactions. The increasing economic value of data inspires a search for effective ways to collateralise these assets.
Inheritance of data
A natural extension of the consideration of the legal status of data is the question of whether data can be inherited. This is no longer just a theoretical issue. Data are increasingly valuable, making it vital to answer the question of whether data constitute an asset of the decedent’s estate that can be taken over by the heirs.
What is the right to personal data?
When seeking inspiration for the future legal status of data, it is worth taking a closer look at how the right to personal data has been shaped. In particular, we could consider whether it is a property right and whether the current legal framework for the right to personal data corresponds to reality and meets our needs.
Data as crypto-assets
At first glance, it may not seem obvious to treat data as crypto-assets. But a closer look shows that the current and planned regulations for this new asset class could serve as a key legal framework for the future data economy.
What’s the MyData movement all about?
The contemporary debate about data, including discussions of the legal status of data, are hard to understand without defining the broader context. One element of this context is the demands of the movement referred to collectively as “MyData.”
Data and copyright
Is copyright a path to take to protect data? Can data be regarded as a result of creativity and, consequently, a protected work? Does the protection of a data filing system also include the data collected in it?
Different layers of data
The conceptual framework of the data economy also requires an understanding of the division of data into different layers. This may have great legal significance.
New series: Data economy
We are launching a series of articles on the data economy. We use this term to refer collectively to new models of the economy in which the principal role is played by data. Data are becoming an asset in their own right which is more and more often the subject of commercial exchange. This doesn’t mean only personal data. It also, or even primarily, means non-personal data of all sorts, including those generated or gathered by machines, whose value we are only beginning to discover.
Who owns data?
A core issue for the data economy is how to define the legal status of data. Can data be the subject of ownership? If not, what rights can be exercised with respect to data? Future models for management of data will depend on the answers to these questions.
Protection of video games: Industrial design, patent, or trade secret?
When the concept for a video game takes shape, and an unprotected idea becomes a protected form of expression, the developer can consider how best to protect the game or elements of the game against copying by competitors. When thinking about legal protection of a video game, it is natural to refer to copyright law. But that is not the only potential source of protection. It is worth examining whether and to what extent elements of the game can be protected through industrial designs, patents, or perhaps trade secrets.
Fundamental issues a game developer should pay attention to when negotiating a contract for publication of a video game
Contracts for publication of video games are concluded between game developers and companies specialising in publishing games (sometimes referred to “dev-publisher agreements”).
Copyright and game jams, hackathons and competitions
Game jamy, hackathony, konkursy to niektóre z metod na zaktywizowanie i zaangażowanie społeczności gamedevowej (o czym świadczy choćby popularność onlinowego ogólnopolskiego game jamu #zostanwdomurobgry, zorganizowanego przez Fundację Indie Games Polska między 30 marca a 6 kwietnia 2020 r. pod patronatem Ministerstwa Kultury i Dziedzictwa Narodowego oraz Ministerstwa Nauki i Szkolnictwa Wyższego https://www.zostanwdomurobgry.pl/). Organizacja konkursu, jego rozpropagowanie jest relatywnie nieskomplikowane. Korzyści zaś wydają się być obopólne – uczestnicy mają możliwość zaprezentowania swojej twórczości, zaś organizator konkursu ma dostęp do różnorodnych kreatywnych propozycji. Poniżej krótko wskażemy, jakie wzywania prawnoautorskie stawiają takie konkursy.
