Linking legal scenarios to empirical data: process- tracing as a methodology in law

Different legal rules can lead to the same observable outcome, making it difficult to identify the most influential rule. This article addresses this gap by focusing on how competing explanatory theories derived from a doctrinal analysis can be assessed using a methodology called process-tracing. One of process-tracing’s main uses is to link explanatory theories to empirical evidence, permitting an assessment of causal mechanisms’ practical impact in comparison to each other. This article demonstrates the potential and practical implementation of process-tracing in the context of empirical legal research. In addition to the core characteristics of process-tracing, the paper clarifies when process-tracing can add to a doctrinal analysis and the requirements which have to be met. Furthermore, the process of linking doctrinal work with empirical evidence relying on process-tracing is shown, using the example of copyright ownership in the broadcasting sector. As a result, this paper demonstrates the added value of a process-tracing analysis carried out in addition to doctrinal work, in particular the insights into industry practice it generates

Extended Collective Licensing for the Use of Out-of-Commerce Works in Europe: A Matter of Legitimacy vis-à-vis Rights Owners

Extended Collective Licensing (ECL) schemes have been put forward inEurope as one of the solutions for the licensing of out-of-commerce works bycultural heritage institutions. ECL schemes extend the application of freely negotiated copyright licensing agreements between a user and a collective management organisation (CMO) to the works of non-members of the organisation. Not every CMO is suitable to license works under ECL provisions, however. In particular, the legitimacy of any agreement crucially relies on the ‘‘representativeness’’ of the CMO. This article focuses on the notion of representativeness of CMOs. On the basis of current European and national legislation, we argue that the representative character of a CMO encompasses three essential elements to be considered from the perspective of the rights owners: (1) the CMO must have a broad membership among the potential rights owners in the market it serves; (2) it must have a proper mandate from the rights owners in terms of category of works and rights covered; and (3) it must take appropriate measures to reach and inform (non-)members about the exercise of rights. ECL schemes can only be sufficiently legitimate to presume tacit approval by non-members if this assessment of the three criteria is carried out carefully.Extended Collective Licensing (ECL) schemes have been put forward inEurope as one of the solutions for the licensing of out-of-commerce works bycultural heritage institutions. ECL schemes extend the application of freely negotiated copyright licensing agreements between a user and a collective management organisation (CMO) to the works of non-members of the organisation. Not every CMO is suitable to license works under ECL provisions, however. In particular, the legitimacy of any agreement crucially relies on the ‘‘representativeness’’ of the CMO. This article focuses on the notion of representativeness of CMOs. On the basis of current European and national legislation, we argue that the representative character of a CMO encompasses three essential elements to be considered from the perspective of the rights owners: (1) the CMO must have a broad membership among the potential rights owners in the market it serves; (2) it must have a proper mandate from the rights owners in terms of category of works and rights covered; and (3) it must take appropriate measures to reach and inform (non-)members about the exercise of rights. ECL schemes can only be sufficiently legitimate to presume tacit approval by non-members if this assessment of the three criteria is carried out carefully

FaceNet: A Unified Embedding for Face Recognition and Clustering

Despite significant recent advances in the field of face recognition, implementing face verification and recognition efficiently at scale presents serious challenges to current approaches. In this paper we present a system, called FaceNet, that directly learns a mapping from face images to a compact Euclidean space where distances directly correspond to a measure of face similarity. Once this space has been produced, tasks such as face recognition, verification and clustering can be easily implemented using standard techniques with FaceNet embeddings as feature vectors. Our method uses a deep convolutional network trained to directly optimize the embedding itself, rather than an intermediate bottleneck layer as in previous deep learning approaches. To train, we use triplets of roughly aligned matching / non-matching face patches generated using a novel online triplet mining method. The benefit of our approach is much greater representational efficiency: we achieve state-of-the-art face recognition performance using only 128-bytes per face. On the widely used Labeled Faces in the Wild (LFW) dataset, our system achieves a new record accuracy of 99.63%. On YouTube Faces DB it achieves 95.12%. Our system cuts the error rate in comparison to the best published result by 30% on both datasets. We also introduce the concept of harmonic embeddings, and a harmonic triplet loss, which describe different versions of face embeddings (produced by different networks) that are compatible to each other and allow for direct comparison between each other.Comment: Also published, in Proceedings of the IEEE Computer Society Conference on Computer Vision and Pattern Recognition 201

MaskLab: Instance Segmentation by Refining Object Detection with Semantic and Direction Features

In this work, we tackle the problem of instance segmentation, the task of simultaneously solving object detection and semantic segmentation. Towards this goal, we present a model, called MaskLab, which produces three outputs: box detection, semantic segmentation, and direction prediction. Building on top of the Faster-RCNN object detector, the predicted boxes provide accurate localization of object instances. Within each region of interest, MaskLab performs foreground/background segmentation by combining semantic and direction prediction. Semantic segmentation assists the model in distinguishing between objects of different semantic classes including background, while the direction prediction, estimating each pixel's direction towards its corresponding center, allows separating instances of the same semantic class. Moreover, we explore the effect of incorporating recent successful methods from both segmentation and detection (i.e. atrous convolution and hypercolumn). Our proposed model is evaluated on the COCO instance segmentation benchmark and shows comparable performance with other state-of-art models.Comment: 10 pages including referenc

Caltech-UCSD Birds 200

Caltech-UCSD Birds 200 (CUB-200) is a challenging image dataset annotated with 200 bird species. It was created to enable the study of subordinate categorization, which is not possible with other popular datasets that focus on basic level categories (such as PASCAL VOC, Caltech-101, etc). The images were downloaded from the website Flickr and filtered by workers on Amazon Mechanical Turk. Each image is annotated with a bounding box, a rough bird segmentation, and a set of attribute labels

Regulating CMOs by competition: an incomplete answer to the licensing problem?

While the three functions of Collective Management Organisations – to licence use, monitor use, and to collect and distribute the revenue – have traditionally been accepted as leading to a natural (national) monopoly, digital exploitation of music may no longer support such a conclusion. The European Commission has challenged the traditional structures through reforms that increase the degree of competition. This paper asks whether the reforms have had the desired effect and shows, through qualitative research, that at least as regards the streaming of music, competition has not delivered. Part of the reason for this may be that the services required by the now competing CMOs have changed.While the three functions of Collective Management Organisations – to licence use, monitor use, and to collect and distribute the revenue – have traditionally been accepted as leading to a natural (national) monopoly, digital exploitation of music may no longer support such a conclusion. The European Commission has challenged the traditional structures through reforms that increase the degree of competition. This paper asks whether the reforms have had the desired effect and shows, through qualitative research, that at least as regards the streaming of music, competition has not delivered. Part of the reason for this may be that the services required by the now competing CMOs have changed

Regulating for creativity and cultural diversity:The case of collective management organisations and the music industry

This paper explores the role of intermediary institutions in promoting creativity and cultural diversity in the music industry, and the impact of cultural policy on the performance of those intermediaries. It reviews some of the existing literature on the relationship between economic conditions and innovation in music, and argues that too little attention has been paid to intermediaries. Focusing on collective management organisations (CMOs) as one example of overlooked intermediaries, we illustrate, by way of comparison, the different priorities and incentives that drive CMO practice. These variations, we suggest, are important to appreciating how CMOs operate as intermediaries in different territories. We then turn our attention to recent attempts by the EU to reform CMO practice as part of its Digital Single Market project. The fact that the CMO has been an object of reform is indicative of its importance. However, there is more at stake here: the reforms themselves, in seeking to change the role and behaviour of CMOs will, we suggest, have profound consequences for the market in music in Europe, and for creativity and cultural diversity within that marke

The Impossible Quest – Problems with Diligent Search for Orphan Works

Digital technologies allow unprecedented preservation and sharing of world-wide cultural heritage. Public and private players are increasingly entering the scene with mass digitisation projects that will make this possible. In Europe, legislative action has been taken to allow cultural institutions to include in their online collections copyright works whose owners are either unknown or non-locatable (“orphan works”). However, according to the Orphan Works Directive, cultural institutions must attempt to locate the owner of a work before using it. This is the so-called “diligent search” requirement. This paper provides an empirical analysis of the conditions under which a diligent search can feasibly be carried out. The United Kingdom, the Netherlands, and Italy, all of which have implemented the Orphan Works Directive, have been selected as case studies. For each jurisdiction, this analysis determines what the requirements for a diligent search to locate copyright holders are, what the authoritative sources and databases to be consulted are in practice and, most importantly, to what extent these are freely accessible online. In doing so, our analysis provides insights into the two main issues affecting cultural heritage institutions: (1) how much legal certainty does the implementation provide, and (2) what is the practical burden of a diligent search. The analysis reveals that the jurisdictions have given different meanings to the term “diligent”. While the UK’s extensive guidance makes it unlikely that a search would not be deemed diligent, the search burden is onerous. On the other hand, Italy and especially the Netherlands have a lighter search burden, but in the absence of clear, definite guidance, the likelihood of accidental infringement by failing to meet the diligence standard is greater. In addition, all three jurisdictions have so far failed to take the accessibility of the sources into account, making the searches even more onerous than the numbers suggest at first sight. Therefore, it will be difficult for cultural institutions to clear the rights for their collections while fully complying with the requirements of the legislation. This article concludes that legislative action, official guidelines, or jurisprudence are needed to establish a different legal value of sources for a diligent search, with various degrees of optionality depending on data relevance and accessibility