Search

NFTs, non-fungible tokens, can represent ownership of unique things based on a relatively new technology of blockchain (ethereum.org). Because of this mechanism, people use NFTs to sell, share and transfer various rights of digital media or tangible objects. Generally, museums, which tend to be risk-averse, are slow to examine or utilize NFTs. This paper discusses the current use cases of NFTs in the museum sector addressing both benefits and challenges that come with museum NFT use to answer how NFTs can be better utilized in the future. Despite a number of challenges, NFTs are untapped resources that could have a wider application for museums. Using the theory of the commons, this paper further develops a model for a common pool of NFT sharing based on the fair use doctrine of copyright and open access model among global museums that are willing to participate, where they can share their NFT collections digitally. [ABSTRACT FROM AUTHOR]

The following article is a composite review and critique of copyright systems in the United States and their impacts upon creators and individuals alike. The public domain is rapidly dwindling due to changes in copyright law that have greatly prolonged the length of copyright protections. The primary beneficiaries of these increased protections are the large entertainment corporations that can easily afford to contest what, in many cases, would otherwise be considered fair use of copyrighted material. This article argues the substantial need for collective action and stewardship of publicly owned information in order to generate a better and stronger public domain. [ABSTRACT FROM AUTHOR]

Information literacy is a crucial topic in the library science profession. The information needs and perceptions of the information literacy of preservice and early-career school librarians were explored in this research using a survey and interviews distributed nationally over a 5-month time frame. These participants, who have been employed in the field for 5 years or less or are currently completing coursework, were queried about their perceptions of information literacy and how the profession had changed through the course of their graduate work and early-career experiences. Participants felt well prepared and believed their schooling met their need for information in the areas of readers' advisory and the use of copyright and fair use and for for teaching these topics to students. They also reported that they were well prepared for teaching with educational technology. Participants were least prepared in the area of facilitation of classroom teacher/school librarian collaborations, even though this aspect of their library school experience was highly emphasized. Once graduates were in a library position, they met their information needs by reaching out to mentors, more experienced school librarians, and their professional learning community. [ABSTRACT FROM AUTHOR]

Harvard's Perma.cc offers the solution to link rot—the phenomenon that citations in academic journals to Web materials disappear with the passage of time, resulting in "broken links" and disappearance of material from the Web. This article will describe Perma.cc and outline the kinds of copyright issues that may arise, including heavy use of copyright statutes and case law. It will examine the kind of preservation use of copyrighted materials, with reference to fair use, and the library prerogatives as exceptions to the exclusive rights of authors of materials found on the Web. This analysis includes detailed analysis of "transformative use" and the four factors of 17 U.S.C. § 107. It will consider the liability of Perma.cc and participating libraries and institutions under theories of contributory infringement and vicarious liability, including as modified by 17 U.S.C. § 512(c) and (d), governing takedown notices. The article concludes that Perma.cc's archival use is neither firmly grounded in existing fair use nor library exemptions; that Perma.cc, its "registrar" library, institutional affiliates, and its contributors have some (at least theoretical) exposure to risk; and that current copyright doctrines and law do not adequately address Web archival storage for scholarly purposes. In doing so, it will question what the role of the scholarly Perma.cc citation ought to play—confirmation of scholarly propositions or preservation of and access to Web materials. The material and conclusions in this article are important for legal authors, law review editors, and librarians (especially those who use, support, or are considering partnering with Perma.cc) so that they might better assess copyright compliance, especially when selecting materials for archiving, such as articles from news sites, blogs, and professional and scholarly papers, articles, or books. [ABSTRACT FROM AUTHOR]

As we face budgetary pressures that have only been exacerbated by this pandemic, it is essential that library resource sharing specialists continue to advocate for the resources we need to provide excellent library services. Making libraries safe spaces, for both library users and library workers, clearly remains an imperative. As the COVID-19 pandemic continues to disrupt life, in large and small ways, around the world, library resource sharing specialists have been sharing information resources with library users, as always. This global health crisis has highlighted the question of who is an essential worker, whether librarians can do our jobs apart from our library spaces, and what our library spaces are needed for. [Extracted from the article]

The article focuses on centrality of transformativeness in interpreting fair use decisively changed the way the copyright doctrine was interpreted and had been unable to accomplish thereto in judicial decision-making.

The remix has emerged as a dominant force of creation in the digital and Internet age. The solutions under current copyright law such as fair use as well as voluntary, compulsory and public licencing have failed to adequately protect remix works and remixers, and as a result hampered the creativity of remix artists. New approaches are needed to cope with the challenges. This article proposes to add remix as a protectable subject matter; create a right to remix and grant it to remixers; obligate remixers to attribute source works to copyright holders and remunerate them for remixing; require the same remix rights and obligations to be passed on to future remixers; and impose a statutory levy on social media for using remixes. It is argued that the proposed approach can better protect remix creation and help achieve an optimal balance of interests between copyright holders, social media and users. [ABSTRACT FROM AUTHOR]

This article addresses possible under-use of 17 U.S. Code §108 ("108"), the exemption to copyright infringement specifically for the protection of libraries and archives. This article was inspired by the personal experience of the author, a practicing attorney frequently advising libraries and archives, who has observed a lack of awareness and use of 108's significant protections. The article explores possible factors contributing to this lack of awareness, speculates on the impact of same, and proposes simple but critical actions that could increase and enhance library and archival operations' beneficial use of 108. [ABSTRACT FROM AUTHOR]

Copyright and special collections share an intimate relationship gone awry. This article explores copyright principles, their underpinnings and origins in the United States, and contemporary applications of them. The contemporary limits impose unreasonable barriers to the widespread sharing of special collections and reflect unnecessarily broad protections of and limits on an enormous range of creative works regardless of the social consequences of that protection or any demonstrable inherent or remaining economic value in those works. Copyright interpretation requires highly fact specific analysis. For many special collections, much of that factual predicate has simply drifted from the historical record. [ABSTRACT FROM PUBLISHER]

As members of the Association of Research Libraries support the research and scholarship being conducted at their institution, they rely on their association to shape and influence public policies on their behalf. While some of the policy issues have remained the same over the years, the changes in technology that are resulting in new forms of scholarship and the increasingly complex and interconnected environment create new opportunities and challenges for policy development. This article describes some of the important policy issues for scholarly communication and highlights current activities. [ABSTRACT FROM AUTHOR]

The fair use doctrine allows the use of copyrighted works without the permission of the copyright owner. Fair use is a legal concept, and the test for determining if a use is fair is contained in the Copyright Act of 1976. But fair use is also an ethical concept because it involves a determination of when it is fair to use someone's property. This article discusses the librarians' legal obligation of fair use and the librarians' ethical obligation of fair use and the similarities and differences between them, concluding that the librarians' ethical obligation may be greater than their legal obligation. The article also suggests principles which librarians can advocate for in copyright policies to implement the ethics of fair use. [ABSTRACT FROM AUTHOR]

ArtSTOR is a digital imaging initiative of The Andrew W. Mellon Foundation. ArtSTOR seeks to create digital image collections that respond to the needs of scholars, curators, teachers and students in the history of art and related fields of study. As a public utility, it also aims to create a secure, regulated, networked space, defined by a framework of licensing agreements that embraces content providers, subscribers, and service administrators—a precinct in which educational and scholarly activities can flourish in ways that simultaneously respect intellectual property rights and encourage the "fair use" of digital media. [ABSTRACT FROM AUTHOR]

Using parodies in an advertising campaign presents legal risks to the parodists. This article examines how copyright and trademark infringement laws limit the use of parodies in advertising. Under some circumstances, an unauthorized parody of another's work in an advertisement can be legal as a fair use exception under copyright law. If a parodied trademark is involved, then the issue is whether the parodied mark is likely to be confused with the original mark. Following a discussion of the statutory and case law, guidelines for the development of legally successful parodies are offered. [ABSTRACT FROM AUTHOR]

This article considers the quotation exception to copyright infringement under EU and UK law. It challenges the broad interpretation of the exception offered by academic commentators to date, as approximating a US-style fair use defence to copyright infringement, and presents an alternative understanding of the exception in its place. According to that understanding, established principles of EU and UK copyright law, including those adopted by the Court of Justice of the European Union in Deckmyn with respect to the parody exception, limit the acts permitted under the quotation exception to (1) reproductions of copyright material that are (2) identified as reproductions and (3) for a purpose of criticism, review, or an analogous purpose. [ABSTRACT FROM AUTHOR]

The issue of educational use exceptions under copyright law has been a contentious issue in India for several decades. The decision of the Delhi High Court in the lawsuit filed by publishers against Delhi University and the Rameshwari photocopy shop is viewed as a significant victory in favour of the educational use exception contained in the Copyright Act. This judgement is however silent on certain compulsory licencing provisions that were specifically inserted into Indian law to deal with the educational requirements of India. These provisions were meant to deal specifically with the requirement of using copyrighted work for educational content. For reasons not clear, the Delhi High Court judgement did not consider these legislative provisions while interpreting the Copyright Act. For this reason alone, it is possible to argue that the judgement of the Delhi High Court is per incuriam. [ABSTRACT FROM AUTHOR]

The Buddhist concept of nonattachment refers to a flexible engagement with experience without fixation on achieving specified outcomes. The primary focus of this study was to qualitatively examine how nonattachment and attachment are experienced in individuals identified as having very high and low levels of nonattachment. Specifically, we examined individuals' descriptions of how their levels of nonattachment and attachment developed, and how nonattachment and attachment affect their lives, their relationships, and their understanding of personal development. Twenty-four in-depth interviews were conducted with participants (18 women, six men) aged 19 to 61 (mean = 36.20, standard deviation = 11.00), drawn from a larger sample of 1191, who scored very high or very low on nonattachment. Thematic analysis revealed highly nonattached individuals were psychologically mature, and flexibly engaged with their experiences, allowing their life to flow with minimal self-obstruction. In contrast, highly attached individuals were quite fixed in their thinking and often placed unachievable expectations on themselves and others. Interestingly, transformative suffering was crucial in the development of nonattachment, whereas unresolved experiences of suffering contributed to the development of attachment. [ABSTRACT FROM AUTHOR]

The use of social media data is becoming increasingly widespread in ecological research and this trend is expected to continue as social media use increases globally. Fishers share details of their activity online and scientists have mined this content to help understand fisher activity, yet little information exists on the ethics of exploiting social media for fisheries research. In this paper, the ethics of using social media published data in fisheries research is discussed in the context of affected stakeholders and potential causes of maleficience. The legal position with respect to copyright and fair use is summarized in relation to the use of fisher data published on the internet for research. It is argued that research per se does not sensu stricto involve human subjects where no new content is solicited from participants. Text and data mining of social media for research purposes generally receives special dispensation in law to allow scientific endeavor to be conducted without fear of prosecution. Nevertheless, researchers have a professional duty to weigh research benefits against the risk of causing harm to involved agents, including website owners. Ultimately researchers should continually reassess the ethics of their social media research as guidance from ethical review boards currently may be limited and all internet content scraping activity should be conducted responsibly such that personal data is not compromised. [ABSTRACT FROM AUTHOR]

In today's media-rich educational environment, many teachers are unsure how to uphold applicable copyright laws and avoid potential penalties. The boundaries between acceptable and unacceptable use of copyrighted materials are murky at best. This article offers a clear explanation of common copyright terms and some suggestions for practicing educators. [ABSTRACT FROM PUBLISHER]

Digitize-and-lend library projects can benefit societies in multiple ways, from providing information to people in remote areas or with physical disabilities to facilitating the sharing of library resources with information-poor communities. This article explores the potential of digitize and lend as well as outlines how projects can be undertaken in a manner respectful of the balance of copyright. [ABSTRACT FROM PUBLISHER]

Undergraduate students have a limited knowledge of copyright basics. In order to fill this knowledge gap, I seek to engage undergraduates by providing them with an understanding of the ethics around copyright law, of their rights over their own contributions to their scholarly communities, of the availability of Creative Commons-licensed materials, and of how to exercise their fair use rights. Basic knowledge of these concepts is not only an integral part of understanding and engaging with information, but it also has the potential to motivate informed attitudes and behaviors around copyright. With this in mind, I designed an undergraduate class on copyright and fair use fundamentals that can be incorporated into any introductory college or university library instruction course or can be treated as a stand-alone session. [ABSTRACT FROM PUBLISHER]

This study, based on a survey of 489 documentary filmmakers, is a case study in copyright policy in and through practice. It assesses the changes in documentary production practice around clearance of copyrighted material since the creation of the Documentary Filmmakers' Statement of Best Practices in fair use in 2005. Fair use, an exotic and occasional feature of documentary film in 2004, has become well known and commonly employed. Creative options for filmmakers concerning the use of third-party material have dramatically improved with changes in norms after the issuing of the Statement. Attitudes about fair use are strongly associated with free expression and creative opportunity, and vary with experience. Where filmmakers have changed work because of copyright concerns, they themselves rather than any gatekeeper have made the decision to do so. Where change is associated with fair use, risk is a common concern. Newer filmmakers are more likely to support the use of copyrighted material to make new work, but less likely to know about fair use, and also more likely to have experienced takedowns online. Both education about and experience with fair use appear to have an effect on practice. Filmmakers continue to lack reliable information on the actual risk landscape, and about fair use on digital platforms. [ABSTRACT FROM PUBLISHER]

The library, archive, cultural and educational sectors are likely to face many more years of copyright uncertainty and disconnect between copyright laws and norms. Legislative changes may narrow what has been a widening gap between the legal and the technologically possible, but evolving copyright norms are increasingly setting the boundaries of what is possible and prudent at a time when black letter law is struggling to keep pace with change. [ABSTRACT FROM AUTHOR]

The article discusses the essentiality of understanding copyright for academic librarians. Topics discussed include purpose of copyright law, various elements of copyright law, lack of knowledge about copyright by many librarians and avenues that present opportunities for obtaining education on copyright and fair use. It also discusses role of academic librarians with a solid foundation in copyright in promoting the development and maintenance of institutional repositories.

Despite the warnings of copyright scholars at the turn of the twenty-first century, the future of the fair use doctrine is bright. This essay considers the recent trend of fair use cases and offers specific examples of changes in fair use jurisprudence regarding courts’ use and definitions of transformativeness that belie the earlier doomsday scenarios and suggest instead the promise of further expansion of fair use. These trends should give hope for the future to those who believe a robust fair use doctrine is necessary to keep the proper balance between copyright owners and the public interest. [ABSTRACT FROM PUBLISHER]

Two competing and jet complementary philosophical concepts form the foundation for the legal protection of intellectual property -- 'competing' in that created works protected by copyright are unavailable for unrestricted use by others as a result if the economic monopoly given to the works' owners, and 'complementary' in that the presumption is that works no longer protected by copyright serve as the basis for the creation if new copyrightable works. These unprotected works comprise the 'public domain, ' which has never been affirmatively defined. In Golan v. Holder (2012), the US Supreme Court concluded that such a realm is constitutionally unimportant. This research contends, however, that the Court's decision is incorrect, that Golan, federal legislation, and international treaties threaten to bring larger and larger portions of cultural and intellectual content under the control of a property regime that does not understand the contradiction inherent in the notion of absolute property rights in intangible goods. The result is that the public domain is under tremendous pressure from those entities which have the most to gain from expanded authorial rights and from a weakened and less inclusive public domain. Citizens thus will have fewer rights to access and freely use their culture as they choose. The eventual significance of this evolution will be that further creativity and innovation will be stifled, the opposite of the intention of intellectual property law. In this article, we develop an affirmative definition of the public domain, which we believe will correct the imbalance in current intellectual property law. [ABSTRACT FROM AUTHOR]

The Association of Research Libraries' 2012 publication, Code of Best Practices in Fair Use for Academic and Research Libraries, focuses heavily on the concept of transformative use within the fair use analysis. In some cases, the Association of Research Libraries advocates for using the entire work in an electronic format for course reserves. However, current approaches to electronic course reserves and fair use/transformative use arguments are not conducive to utilizing the Association of Research Libraries' recommendations. This article attempts to reframe the conversation by examining fair use in a broad context and the role of the class in the fair use analysis. [ABSTRACT FROM AUTHOR]

The article focuses on the release of the "Copyright and the Digital Economy" Final Report by the Attorney-General in Australia in 2014. The Australian Copyright Council had issued a press release that condemns the key recommendation of the Report, which is the introduction of the U.S.-style general fair use exception. It states that much of the attention concentrated on whether the Australian Law Reform Commission (ALRC) would recommend the replacement of fair dealing exceptions.

‘[W]hen a population bombarded with electronic media meets the hardware that encourages them to capture it’, free appropriation and remixes of copyrighted materials are inevitable. This articles examines the tensions between remix videos, US copyright law and YouTube through the prism of fair use and calls for a broader implementation of the doctrine that enables free and creative media practice as essential to democratic civil society. [ABSTRACT FROM AUTHOR]

The United States Copyright Act allows for fair use of copyrighted material under certain circumstances, but federal courts have been inconsistent in rulings on copyright infringement cases in which documentary filmmakers claim fair use. This can be problematic for documentarians, who often use copyrighted materials. The 2005 “Documentary Filmmakers’ Statement of Best Practices in Fair Use” addressed this inconsistency by providing guidelines for filmmakers. This article analyzes relevant federal cases before and after the statement in which a documentary filmmaker was sued under the Copyright Act for infringement and in which a court addressed the issue of whether the use was fair. A case analysis shows that federal rulings have become slightly more accommodating toward the use of copyrighted material in documentaries and the use of copyrighted video in general since the statement was introduced. The statement's relevance to fair use case law is also examined. [ABSTRACT FROM PUBLISHER]

The article focuses on the need for non-commercial user generated contents to flourish. A public consultation made by the Hong Kong government on the treatment of parody under the copyright regime is mentioned. It cites the three legislative options that were included in the consultation which include introducing a criminal exemption for parody, clarifying the threshold for criminal copyright infringement, and introducing a fair dealing exception for these works.

This study explores the problems that US journalists face in employing the copyright doctrine of fair use under copyright in their work, and heralds a solution. US copyright policy's expansion of monopoly rights since 1976, harshly shrinking the public domain, has forced journalists to understand their fair use rights better. Fair use permits use of copyrighted material without permission or payment, under some circumstances. Without vigorous application of fair use, freedom of the press and its public sphere functions are impaired. Interviews with 81 journalists in a range of media show that journalists receive inadequate and conflicting fair use advice in their education and work environments, and often share misinformation. As a consequence they delay, limit coverage and even choose not to release information. The problem is most acute in emergent digital platforms and in small organizations. Journalists made aware of this problem have taken action to shape a set of principles interpreting their fair use rights. This set of principles offers an opportunity to share journalistic standards for US fair use, following the model of other communities of practice that have been able to do their work more easily and effectively as a result. The US situation is particular to US law, but has international implications. [ABSTRACT FROM PUBLISHER]

Numerous scholars have highlighted the extraordinary book-scanning project created by Google in 2004. The project aims to create a digital full-text search index which would provide people with online access to books and assist research. A few months after the original idea started being implemented, the Authors Guild and the Association of American Publishers filed a class-action lawsuit, claiming that the Google Books Project violated copyright law in the United States. The Google Books Project radically changed its character from the time of its birth until the negotiation of an Amended Settlement Agreement (ASA) with the plaintiffs. It has raised serious controversies not only regarding different aspects of the future of the Internet but also over the issue of privatization of knowledge. Those in favour of the initiative highlight the astonishing accomplishment of Google, allowing us to access books more easily than ever before in human history. However, their claim is as dangerous as the song of the sirens. While at first sight Google tells a tale of extraordinary inclusion, it excludes those who cannot pay to access snippets or limited view of around 80% of the books available. We also discuss the ASA of Google with the Authors Guild and its failure on March 2011. Finally, we explore the concept of ‘fair use’, or ‘exceptions and limitations on copyright’, which provides for full access to books to any individual, library or archive as long as they are used for educational or scientific purposes. [ABSTRACT FROM PUBLISHER]

In the world of the historical documentary, the archive footage arms of large media corporations control our access to images from the past. This article explores whether archive-driven historical films are possible on low budgets, discussing the strategies used to research, clear and license footage for my recent archive-driven feature documentary Children of the Revolution (2010). I note the critical misalignment between the cost of licensing archive footage and the production budgets and prices paid for creative documentaries by broadcasters. On a broader level, I examine public policy towards these repositories of historical evidence and analyse the hypothesis of the recent Hargreaves report (2011), that 'Copyright licensing [in the audiovisual archive sector] is not fit for purpose for the digital age' (Hooper 2012: 21). I also consider alternative models for archive-driven historical films that stretch the form while skirting the clearance complications and expense of the standard industry model. [ABSTRACT FROM AUTHOR]

This article explores copyright law and issues of fair use in for-profit academic libraries. For-profit academic institutions are seeing a steady increase in applicants and enrollment, and libraries related to these institutions exist in a legal gray area in terms of copyright law, specifically with regard to fair use. The law must be more clearly defined and applied with regard to these institutions, so that academic librarians can adequately enforce copyright laws and fair use within the confines of the for-profit academic library scheme. [ABSTRACT FROM AUTHOR]

The article reviews several resources about copyright, licensing, and fair use, including the document "Code of Best Practices in Fair Use for Academic and Research Libraries," from www.arl.org/pp/ppcopyright/codefairuse/code/index.shtml, the book "Reclaiming Fair Use," by Patricia Aufderheide and Peter Jaszi, and the article "Toward a Fair Use Standard," by Pierre Leval, which appeared in "Harvard Law Review."

For those whose scholarly penchant leads them to write about artworks that exist in our visual world, copyright laws have the effect of stifling those scholarly and equally creative endeavors. Publishers require authors to obtain permission to reproduce artworks, which is sometimes impossible to accomplish. Extension of rights and permissions granting to generations succeeding the life of the artist can result in scholars being prohibited by the rights holder from reproducing artworks. Without reasonable time limits under copyright laws or other legally conferred safe guarantees for the rights user, this has the effect of dead-ending scholarship rather than facilitating relationships to be formed between explanatory text and its image subject. If the creative scholar is unable to demonstrate the symbiosis scholarly text has with the image, new creativity is thwarted. This article illustrates legal challenges facing scholars who write and publish in a copyright-litigious society and why artists, publishers, curators, and scholars need a cooperative and understanding environment to resolve these problems. [ABSTRACT FROM PUBLISHER]

The law on self-dealing, fair dealing and related party transactions has a long and complex history, and different approaches have been adopted by common law jurisdictions. This article traces the history of the Anglo-American case law and legislation and the underlying policies, and considers recent reforms and whether they can be improved upon. It makes a practical suggestion to supplement the recent reforms by regulatory approval of disclosure documentation to shareholders or waiver. It also considers whether there is an implicit priority for the duty to act for the good of the company or to promote its success. [ABSTRACT FROM AUTHOR]

The article discusses U.S. copyright law and the copyright clearance system, focusing on the author's documentary film "Copyright Criminals," which aired on Public Broadcasting System (PBS). It explores sampling and collage in audiovisual media, commenting on use of the practice by hip-hop group Public Enemy. Other topics include the Washington, D.C. Center for Social Media, intellectual property, and fair use. The author also examines his book "Freedom of Expression®: Resistance and Repression in the Age of Intellectual Property" and a prank in which he successfully copyrighted the phrase "Freedom of Expression"

The article presents case studies of copyright disputes on American literatures "The Wind Done Gone," by Alice Randall, a parody of Margaret Mitchell's "Gone With the Wind," and "Lo's Diary," by Pia Pera, revision of Vladimir Nabokov's "Lolita." It says that Randall and Pera had asked protection under the fair use clause of the copyright law to defend against the alleged intellectual property infringement. The authors argue that parodies and direct rejoinders are protected from censorship.

Campus librarians play a central role in conversations revolving around copyright compliance. The sheer volume of information provided within library physical and virtual spaces affirms the role libraries play in current copyright debates. Regardless of the function of librarians on any particular campus, it is important to confront the myriad of copyright issues on a college campus from a position of respect for the learner and the copyright owner. This article functions as a copyright primer which librarians can use to help formulate compliance strategies concerning copyrighted material. Other libraries are encouraged to use the primer as a departure point for developing their own philosophy and guidelines. At the University of St. Francis, emphasizing the user as a potential “reproducer” of content is one key to building an understanding of caution and care. The idea of “spontaneous” fair use is also a central and unique function of this primer. [ABSTRACT FROM AUTHOR]

This article contains a teaching module on copyright compliance for higher education for faculty, staff, and administrators. The training class discusses fair use and its four factors. Those factors include purpose and characters of use, nature of the work, quantity to be borrowed, marketability of the work. [ABSTRACT FROM AUTHOR]

Courts have increasingly looked to the concept of “transformative use” to determine whether the use of a copyrighted work is protected under the fair use doctrine. Judge Pierre Leval's definition of transformative use, adopted by the Supreme Court of the United States in its 1994 opinion in Campbell v. Acuff-Rose Music, Inc., requires that a transformative use must (1) be socially beneficial, (2) be used in a different way or purpose from the original, and (3) add value to the original by using it as raw material to create something new. This article examines the fair use analysis undertaken by the United States Court of Appeals for the Ninth Circuit in two recent cases involving visual search engines and concludes that the court's test of transformative use ignored the language and the meaning of the Campbell definition and instead equated a finding of a different purpose with a finding of a transformative use. This departure from traditional transformative use analysis, if generally adopted by the court, would represent a significant and potentially troubling doctrinal shift in fair use analysis. [ABSTRACT FROM AUTHOR]

Selective archiving of Web sites in Australia has been under way since 1996. This approach has seen carefully selected sites preserved after site owners granted permission. The labor-intensive nature of this process means only a small number of sites can ever be acquired in this manner. An alternate approach is an automated “whole-of-domain” capture of sites, which has been undertaken in a number of countries, including Australia. This article considers the existing legal position in taking this approach and looks at how legal deposit and copyright legislation constrains the process. It also considers recent amendments to the Copyright Act to provide more flexibility along the lines of the U.S. fair-use approach and the possible impact these new provisions may have for those involved with large-scale Web archiving in Australia. [ABSTRACT FROM AUTHOR]

The Copyright Act covers a large range of subject-matters: it includes civil and criminal actions for infringement and appears to envisage a wide range of potential infringers - from a child downloading music to international criminal cartels engaging in large-scale piracy of movies. The Act's breadth suggests that an appropriate framework for its analysis is Foucault's governmentality. Such an approach is not straightforward. The Copyright Act, for example, may be seen as a unifying set of practices; alternatively, it is arguable that copyright is not unified by a single 'problematisation'. That Parliaments have enacted a number of legislative instruments under the broad category of copyright does not necessarily mean that all the practices associated with the instruments are directed at the same government rationalities. The copyright regime, for example, may be understood to maintain practices of self-expression, to accommodate changing technologies, and to sustain, in part, the economic order of society. In order to gain a more nuanced perspective of the problematisations of copyright, and therefore of the regulation of conduct creative individuals, a thorough genealogical investigation of copyright practices needs to be undertaken - an investigation that may be based on the theoretical understandings presented in this article. [ABSTRACT FROM AUTHOR]

This article undertakes an analysis of strategic framing strategies in the Digital Rights Movement by the movement's central Social Movement Organization (SMO), the Electronic Frontier Foundation (EFF). Through analysis of a series of interviews with key members of the EFF and analysis of the EFF's 'Endangered Gizmos' campaign in response to the MGM vs Grokster case, this article shows how the organization strategically frames consumers as users' and fair use in user-centered fashion. In so doing the EFF develops a legitimizing rationale for expanding consumer privileges in copyrighted works. The analysis shows that the user-centered notion of fair use articulates with broader historical and emerging trends in media consumption/use and thus finds accepting audiences both within the movement and outside of it. [ABSTRACT FROM AUTHOR]

The research access/impact problem arises because journal articles are not accessible to all of their would-be users; hence, they are losing potential research impact. The solution is to make all articles open access (OA, i.e., accessible online, free for all). OA articles have significantly higher citation impact than non-OA articles. There are two roads to OA: the “golden” road (publish your article in an OA journal) and the “green” road (publish your article in a non-OA journal but also self-archive it in an OA archive). About 10% of journals are gold, but over 90% are already green (i.e., they have given their authors the green light to self-archive); yet only about 10–20% of articles have been self-archived. To reach 100% OA, self-archiving needs to be mandated by researchers’ employers and funders, as they are now increasingly beginning to do. [Copyright &y& Elsevier]

The announcement in late November 2006 of the Copyright Office's triennial rulemaking to identify 'classes of works' exempt from the §1201(a)(1) prohibition on circumvention of a technological measure controlling access to copyrighted works in part occasions this assessment of the judicial and administrative construction of this chapter of the 1998 Digital Millennium Copyright Act. The current Rulemaking appears more innovative than its predecessors, particularly in defining the exempted 'class of works' by reference to the characteristics of the works' users. Copyright owner overreaching or misuse may also underlie the relative vigor of this Rulemaking: if producers of devices or providers of services seek to leverage into de facto monopolies over utilitarian articles, the protection of access controls on computer programs that in turn control the function of these objects, then the courts and the Librarian of Congress through the Copyright Office will need to exercise countervailing vigilance in interpreting the statute. Fortunately, §1201 is not so hermetically drafted as to resist all attempts to introduce flexibility; this article suggests some approaches to offset overly literalist statutory construction. Notably, the emergence of fair use as a limiting norm of extra-copyright application, as evidenced in the Trademark Dilution Revision Act 2006, suggests that judges may yet devise ways of reconciling broader intellectual property rights with principles of free expression. Those who interpret the statute should nonetheless bear in mind the many new business models that Congress foresaw and that digital rights management measures (some of them author-empowering) have in fact enabled, lest insecurity dampen the prospects for these models' development. [ABSTRACT FROM AUTHOR]

The integration of electronic reserve at Columbia University with its Library Management System and the University's Course Management System was made possible due to a favorable authentication infrastructure and the consistent use of standard course designations in each system. The streamlining of electronic reserve processing was an important factor in the successful implementation of electronic reserve at the university. The use of an electronic reserve link resolver which facilitates the consistent generation of use statistics 'fair use' copyright compliance, and the generation of proxied links to IP restricted resources was also important. [ABSTRACT FROM AUTHOR]

This essay reviews the new Negativland multimedia CD and DVD project No Business, examining how sonic landscapes are created out of plundering popular culture forms. No Business explores the contradictions between proprietary cultural forms and fair use practices, arguing for a notion of creative reappropriation for transformative use. [ABSTRACT FROM AUTHOR]

In order to reveal the discrepancy between the rock scholar's desire to quote copyrighted lyrics and the limited use allowed by holders of these copyrights, this essay explores the traditional understanding of the “fair use” doctrine in the context of a post‐Napster, corporate‐friendly legal world. In three parts—The Law, The Book, and The Lesson—Hamelman analyzes recent legal developments in copyright, discusses their impact on his 2004 book on rock ’n’ roll music, and then provides guidelines for aspiring authors in this field. The essay argues that scholars must not assume that lyrics can be quoted with impunity, and that to avoid repercussions they should prepare themselves for an arduous permissions process. [ABSTRACT FROM AUTHOR]