679 results on '"Fair use"'
Search Results
2. Algorithmic Fair Use
- Author
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Burk, Dan L
- Subjects
Copyright ,AI ,Fair Use ,Algorithm ,Machine Learning ,Intellectual Property ,Artificial Intelligence ,Big Data ,Automation ,Algorithms ,Internet ,Law - Abstract
Legal governance and regulation are becoming increasingly reliant on data collection and algorithmic data processing. In the area of copyright, online protection of digitized works is frequently mediated by algorithmic enforcement systems intended to purge illicit content and limit the liability of YouTube, Facebook, and other content platforms. But unauthorized content is not necessarily illicit content. Many unauthorized digital postings may claim legitimacy under statutory exceptions like the legal balancing standard known as fair use. Such exceptions exist to ameliorate the negative effects of copyright on public discourse, personal enrichment, and artistic creativity. Consequently, it may seem desirable to incorporate fair use metrics into copyright policing algorithms, both to protect against automated overdeterrence and to inform users of their compliance with copyright law. In this Essay, I examine the prospects for algorithmic mediation of copyright exceptions, warning that the design values embedded in algorithms will inevitably become embedded in public behavior and consciousness. Thus, algorithmic fair use carries with it the very real possibility of habituating new media participants to its own biases and so progressively altering the fair use standard it attempts to embody.
- Published
- 2019
3. PENERAPAN DOKTRIN FAIR USE TERHADAP PEMANFAATAN HAK CIPTA PADA PLATFORM DIGITAL SEMASA COVID 19 DI INDONESIA
- Author
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Rika Ratna Permata, Tasya Safiranita, Yuliana Utama, and Reihan Ahmad Millaudy
- Subjects
hak cipta ,fair use ,konten digital ,covid 19 ,Law - Abstract
The Covid-19 pandemic has resulted in more people doing activities from home, so almost all activities are carried out online, including for educational activities. The problems on this research are how the comparison between fair use regulations in Indonesia and in the United States during the pre-Covid-19 pandemic? How the regulations of the doctrine of fair use to anticipate the occurrence of a new phenomenon regarding the use of copyright on digital platforms during and/or after the Covid-19 pandemic? The method used in writing this law is a normative juridical method. The results of the study conclude that Fair use rules in Indonesia already regulate that fair use will not harm the legitimate interests of creators but does not provide clear parameters regarding fair interests. While the Fair use Arrangements in the United States are regulated in 17 U.S. Code 107. In this regulation, there are 4 factors, namely: the purpose and character of the use, the nature of the copyrighted work, the quantity and importance of the material used, the effect of the use upon potential market or value of the copyrighted work. The Covid-19 pandemic gave rise to fair use cases that had never occurred before the outbreak of Covid-19, e.g. the case of The Internet Archive, it can be observed that there is an encouragement from the public to further relax copyright protection because of the Covid-19 pandemic resulting in the public interest having to be carried out rather than the creators and copyright holders.
- Published
- 2021
- Full Text
- View/download PDF
4. Copyright, Culture, and Community in Virtual Worlds
- Author
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Burk, Dan
- Subjects
copyright ,virtual worlds ,fair use ,intellectual property ,computer games ,traditional knowledge ,Myst ,Riven ,Uru ,user generated content ,virtual environments ,Cultural Studies ,Law ,Intellectual Property ,cultural property ,Social Sciences ,Copyright ,Computer Communication Networks ,Social Networking ,Legal Cases ,Internet ,Communications Media ,Cultural Characteristics ,Law and Legal Studies ,Information and Computing Sciences ,Computer-Human Interaction ,Communication and Media Studies ,Communication Technology and Digital Media Studies ,Computer Gaming and Animation - Published
- 2016
5. The Internet Archive and the National Emergency Library: Copyright Law and COVID-19
- Author
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Matthew Rimmer
- Subjects
copyright law ,fair use ,library exceptions ,coronavirus ,access to knowledge ,Internet Archive ,Law - Abstract
In the tradition of legal writing about landmark intellectual property cases, this paper provides an in-depth case study and analysis of an important copyright conflict during the COVID-19 crisis. The Internet Archive established the National Emergency Library to provide for access to knowledge for those who were unable to access their usual libraries, schools, and educational institutions. In response, four large publishers have brought a copyright lawsuit against the Internet Archive, alleging both direct copyright infringement, as well as secondary copyright infringement. The Authors Guild has supported this action. Fearful of litigation, the Internet Archive has decided to close the National Emergency Library earlier than it anticipated. The litigation raises a range of issues in respect of copyright infringement, the defence of fair use, library exceptions, digital lending, and intermediary liability. The conflict also raises questions about the operation of the first sale doctrine in the digital era. There are also divided views as to what, if any, remedies are appropriate in the case over the Internet Archive and the National Emergency Library. It is argued that there needs to better mechanisms under copyright law to enable access to knowledge in a public health crisis—such as the coronavirus outbreak. This case study makes a significant contribution to our understanding of the relationship between authors, publishers, and libraries in the digital age. It also provides an insight into copyright litigation—in particular, the role of amicus curiae submissions, and the nature and scope of copyright exceptions. This paper also raises larger considerations about the intersection of copyright law with larger concerns about access to knowledge, competition policy, and public health emergencies.
- Published
- 2022
- Full Text
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6. COMPARATIVE STUDY OF IMPLICATION FOR IMPLEMENTING COPYRIGHT LAW AND BOOK LAW IN THE LIBRARY COLLECTION SERVICE
- Author
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Mohamad Pandu Ristiyono and Ratna Nurhayati
- Subjects
Copyright Law ,Book Law ,Fair use ,Fair dealing doctrine ,Law - Abstract
This article examines the implication of Copyright Law and Book Law implementation of the service in the library. The research method used is normative juridical legal. The correlation between the Book Law, Law on Handover of Print and Recorded Works and the Library Law, both are lex specialist derogate generalist of the Copyright Law or not, according to the author is the adoption or depiction of the fair use and fair dealing doctrine as which is the social function of copyright. The Copyright Law provides protection for Author and Copyright Holder with exclusive rights to be exploited. Related to the Law on Handover of Print and Record Works which gives the obligation of the Author or Copyright Holder to deposit their work for the purpose of preservation and other social purposes to the library which is regulated in the Library Law
- Published
- 2019
- Full Text
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7. Copyright, Culture, and Community in Virtual Worlds
- Author
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Burk, Dan
- Subjects
copyright ,virtual worlds ,fair use ,intellectual property ,computer games ,traditional knowledge ,Myst ,Riven ,Uru ,user generated content ,virtual environments ,Cultural Studies ,Law ,Intellectual Property ,cultural property ,Social Sciences ,Copyright ,Computer Communication Networks ,Social Networking ,Legal Cases ,Internet ,Communications Media ,Cultural Characteristics ,Law and Legal Studies ,Information and Computing Sciences ,Computer-Human Interaction ,Communication and Media Studies ,Communication Technology and Digital Media Studies ,Computer Gaming and Animation ,Criminology - Published
- 2012
8. Anticircumvention Misuse
- Author
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Burk, DL
- Subjects
DMCA ,DRM ,Copyright ,Intellectual Property ,TPM ,Digital Rights Management ,Technical Protection Measures ,encryption ,fair use ,copyright management ,copyright misuse ,patent misuse ,unclean hands ,Law - Abstract
The anticircumvention provisions of the Digital Millennium Copyright Act penalize both the circumvention of technical protection measures, and supplying the means for such circumvention. These prohibitions are entirely separate from the exclusive rights under copyright, causing some commentators to dub the anticircumvention right as "paracopyright." Such paracopyright effectively grants copyright holders sweeping new ability to impose terms of access on content users: Consumers who access content without accepting the content owner's terms would violate the owner's paracopyright even if the material accessed is not itself copyrighted or copyrightable. Additionally, where a particular use would be permissible under copyright law, content owners may be able to exclude the use as a condition of access. For example, the content owner might require that users contractually agree not to engage in reverse engineering or fair uses as a condition for access to the material. Content owners may use "paracopyright" to require purchase or use of related products; for example, DVD access controls require that the disc be played on approved hardware, effectively dictating the consumer's purchase of playback equipment. At some point, such leveraging of access control seems certain to overstep the bounds militated by sound policy or intended by Congress. In the past, abuse of intellectual property rights has been curtailed under the doctrine of misuse. This Article argues that because DMCA "paracopyright" is ripe for abuse, limits on overreaching may be imposed by applying the misuse doctrine in this new area. Just as improper leveraging of patent and copyright may be curtailed by application of the misuse doctrine, so improper leveraging of paracopyright should be curtailed by application of misuse. This new application of misuse doctrine may be guided by the standards established in previous applications to patent and copyright law, and may serve a similar function in regulating the excesses invited by the anticircumvention right.
- Published
- 2003
9. Fair Use Infrastructure for Copyright Management Systems
- Author
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Burk, Dan L and Cohen, Julie E
- Subjects
copyright ,rights management systems ,fair use ,technical measures ,key escrow ,trusted third party ,Law ,Law in context ,Private law and civil obligations - Abstract
Japanese translation of article published in the Harvard Journal of Law and Technology
- Published
- 2001
10. Fair Use Infrastructure for Copyright Management Systems
- Author
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Burk, Dan L and Cohen, Julie E
- Subjects
copyright ,rights management systems ,fair use ,technical measures ,key escrow ,trusted third party ,DRM ,TPM ,Digital Rights Management ,Technical Protection Measures ,DMCA ,circumvention ,Law ,Law in context ,Private law and civil obligations - Published
- 2000
11. Patenting Speech
- Author
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Burk, Dan L
- Subjects
software ,patents ,First Amendment ,speech ,expression ,communication ,fair use ,copyright ,encryption ,patenting ,free speech ,functionality ,Law - Published
- 2000
12. The concept and essence of the principle of inadmissibility of abuse of procedural rights in administrative judiciary
- Subjects
Fair use ,Human rights ,Constitution ,Law ,media_common.quotation_subject ,Political science ,Common law ,Obligation ,Procedural law ,Legitimacy ,media_common ,Supreme court - Abstract
The article is devoted to the definition of the peculiarities of observance in administrative proceedings of the principle of inadmissibility of abuse of procedural rights. The concept and essence of abuse of procedural rights in administrative proceedings are clarified, the meaning of the principle of inadmissibility of abuse of procedural rights is established. The legal basis of the principle of inadmissibility of abuse of procedural rights in administrative proceedings is investigated. Based on the analysis of the case law of the Supreme Court, the European Court of Human Rights established the content of the principle of inadmissibility of abuse of procedural rights. The opinion that the abuse of procedural rights is opposed to the conscientious abuse of procedural rights by the parties is substantiated. The author argues that the abuse of procedural rights may be recognized as actions or omissions of a party to the case, which are characterized by a sign of apparent legal legitimacy, but are used for the opposite or inconsistent with the pursuit of the relevant procedural right or obligation. Based on the analysis of the Constitution of Ukraine, international acts, laws of Ukraine and case law, it is proved that the main purpose of the principle of inadmissibility of abuse of procedural rights is to guarantee the fair use of their procedural rights. The author discloses the content of the fair use of the parties' procedural rights, which includes the use of the relevant rights for the purpose for which these rights are granted, and in the manner prescribed by procedural law, as well as conscientious performance of duties specified by law or court. The study made it possible to state that the introduction of the principle of inadmissibility of abuse of procedural rights is important for improving the effectiveness of administrative courts to protect the rights and interests of individuals, public interests and the interests of the state.
- Published
- 2021
13. Reply to George S. Ford’s ‘A Counterfactual Impact Analysis of Fair Use Policy on Copyright Related Industries in Singapore: A Critical Review’
- Author
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Roya Ghafele
- Subjects
public policy advocacy ,copyright ,piracy ,fair use ,international federation of reproduction rights organizations ,motion picture association ,publishers association of australia ,new zealand society of authors ,recorded music nz-rmnz ,singapore ,competition law ,Law - Abstract
Ford’s ‘Comments (Laws 2018, 7(4), 34; https://doi.org/10.3390/laws7040034, https://www.mdpi.com/2075-471X/7/4/34)’ are biased by a partisan approach to the issues at stake and cannot be based on scientific evidence. The article “A Counterfactual Impact Analysis of Fair Use Policy on Copyright Related Industries in Singapore”, which Gibert and Gafelle wrote together nearly a decade ago, came under heavy criticism by George S. Ford from an organization named the Phoenix Centre for Advanced Legal and Economic Public Policy Studies in an article ‘A Counterfactual Impact Analysis of Fair Use Policy on Copyright Related Industries in Singapore: A Critical Review’. (subsequently ‘the fair use study’) The Fair use study was peer reviewed by LAWS and supports the hypothesis that a more flexible fair use policy is correlated with faster growth rates in private copying technology industries and fewer negative consequences than copyright holders may desire to see. The findings of the Fair use study upset Ford as well as a host of different institutions advocating for copyright owners, such as International Federation of Reproduction Rights Organizations; Motion Picture Association; Publishers Association of Australia; New Zealand Society of Authors or Recorded Music NZ-RMNZ. Ford’s article, however, neither contains novel research, nor is it an effort to update this fairly dated analysis, which reflects data nearly twenty years of age. Rather, it is an unnecessary duplication of an old analysis with only some minor modifications, which serve to show that fair use is actually not beneficial to the economy. At the end of this peculiar exercise, Ford himself admits that this analysis is meaningless. The rest of Ford’s article consists of discussing potential limitations of the Fair use study, in a manner which suggests the authors had never disclosed them (which however they had) and thus is misleading. Ford’s most fundamental point of criticism is hinged on a supposed lack of evidence regarding the parallelism assumption, which he himself admits is impossible to offer. Contrary to Ford’s analysis, the Fair use study has the merit of being fully reproducible, which is not the case for Ford’s article. Also, contrary to Ford’s article, the Fair use study has the advantage of carefully drafted limitations and of offering genuine research insights.
- Published
- 2020
- Full Text
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14. Does black-box machine learning shift the US fair use doctrine?
- Author
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Yangzi Li
- Subjects
Black box (phreaking) ,Fair use ,Computer science ,media_common.quotation_subject ,Doctrine ,Law ,Law and economics ,media_common - Published
- 2021
15. Could Private Legislation Be the First Key to Unlocking the Nation’s Information Resources in the Battle against Misinformation?
- Author
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Michelle M. Wu
- Subjects
Battle ,Fair use ,business.industry ,media_common.quotation_subject ,Internet privacy ,Key (cryptography) ,Legislation ,Quality (business) ,Misinformation ,Library and Information Sciences ,business ,Law ,media_common - Abstract
Unfiltered, unverified information flows freely on the web and is much more easily found and used than reliable sources. There are logical reasons for this, as quality, reliable information often c...
- Published
- 2021
16. US Second Circuit Court of Appeals tames ‘transformative’ fair use; rejects ‘celebrity-plagiarist privilege’; clarifies protectable expression in photographs
- Author
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Jane C. Ginsburg
- Subjects
Fair use ,Transformative learning ,Expression (architecture) ,Law ,Privilege (computing) ,Sociology - Abstract
Andy Warhol Found for the Visual Arts, Inc v Goldsmith, 992 F.3d 99 (2d Cir 2021) The Second Circuit reversed the SDNY’s grant of summary judgment that Andy Warhol’s silk screen adaptation of a photographic portrait of entertainer Prince was a fair use; the 2d Circuit’s decision retreats both from its prior caselaw’s generous characterization of artistic reuse as ‘transformative’, and from the outcome-determinacy of a finding of ‘transformativeness’. The court also provided an important explanation of copyrightable authorship in photographs.
- Published
- 2021
17. The Marrakesh Treaty’s Impact on the Accessibility and Reproduction of Published Works
- Author
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Auston Stamm and Yu-Chang Hsu
- Subjects
Fair use ,Blindness ,Reproduction (economics) ,media_common.quotation_subject ,Copyright law ,Intellectual property ,medicine.disease ,Computer Science Applications ,Education ,Variety (cybernetics) ,Political science ,Reading (process) ,Law ,medicine ,Treaty ,media_common - Abstract
Many countries have restrictive copyright laws that prevent the reproduction of published works in accessible formats. In addition, these countries limit any fair use provisions to people with blindness, which excludes a variety of other print disabilities. In 2013, delegates from the World Intellectual Property Organization agreed to the Marrakesh Treaty, which has now been ratified by 79 countries. The Marrakesh Treaty focuses on expanding fair use exceptions in copyright law for reproducing works in accessible formats. Countries that ratify the Marrakesh Treaty agree to expand qualified individuals to include people with different kinds of reading disabilities. Countries that have ratified the treaty can also import or export accessible books. However, the treaty does not pressure countries to create inclusive policies for people with disabilities. Publishers are not affected by the Marrakesh Treaty and are allowed to continue producing their books in inaccessible formats. This paper explores the benefits and pitfalls of the Marrakesh Treaty and how the problem of inaccessible published works might be solved in the future.
- Published
- 2021
18. Shifting the Focus of the Fair Use Defense in Google LLC v. Oracle America Inc. — Analysing the differences between the majority and dissenting opinion of the U.S. Supreme Court
- Author
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Mathias Lejeune
- Subjects
Focus (computing) ,Fair use ,Dissenting opinion ,Political science ,Law ,General Engineering ,Oracle ,Supreme court - Published
- 2021
19. Oh, The Places You Went Too Boldly!—Dr Seuss Enterprises wins appeal in fair use case on Star Trek mash-up
- Author
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Mindaugas Beniušis, Paulius Jurcys, and Mantas Rimkevicius
- Subjects
Fair use ,media_common.quotation_subject ,Media studies ,Appeal ,Star trek ,Art ,Law ,media_common - Published
- 2021
20. Copyright Infringement in Youtube Under Indonesian and Malaysian Laws: The Cases of Aisyah Istri Rasulullah and Karna Su Sayang Songs
- Author
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Sanusi Bintang and Sitti Nabila
- Subjects
Indonesian ,Legal research ,Dispute settlement ,Fair use ,Work (electrical) ,Law ,Political science ,Copyright infringement ,language ,Normative ,Enforcement ,language.human_language - Abstract
This study describe the prescription problems in the case of Aisyah Istri Rasullullah song constitute infringement under Indonesian Copyright Law No. 28 of 2014 on Copyright; Karna Su Sayang song constitute infringement under Malaysian Copyright Law Act 332 1987 and the implementation of the law regarding the dispute settlement of the Aisyah Istri Rasulullah song and Karna Su Sayang song. The normative legal research method was used in this research. The results of this study shows that the Aisyah Istri Rasulullah song ingfrings Article 5 and 9 Indonesian Copyright Law stipulate that is prohibited to take the advantage of the copyright work without the owner permission and use it for commercial and Karna Su Sayang song infrings Section 13 and 36 Malaysian Copyright law; There are many similarities between the infringing copy and original work, there is a causal relationship between the infringing work and original works, and the infringing is an essential part of the original work. The recommendation for Indonesia’s and Malaysia’s lawmakers is to revise the Copyright law, so that the copyright infringement on YouTube related the use of fair use and pirates from uploading content will get the strengthen sanction. And create more comprehensive policy regarding the protection of song and Music in YouTube to made the enforcement of the policy to become more effective.
- Published
- 2021
21. Perma.cc and Web Archival Dissonance with Copyright Law
- Author
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Paul D. Callister
- Subjects
Vicarious liability ,Fair use ,Web archiving ,business.industry ,Liability ,Copyright law ,Internet privacy ,Library and Information Sciences ,Statute ,Exclusive right ,Transformative learning ,Law ,Political science ,Phenomenon ,Cognitive dissonance ,Citation ,business ,Link (knot theory) ,Link rot - Abstract
This is a preprint. Please review and cite LRSQ published version. Harvard’s Perma.cc offers the solution to linkrot—the phenomenon that citations in academic journals to web materials disappears 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 caselaw. 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 and 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.
- Published
- 2021
22. A Proposal for a Nominative Fair Use Provision in Chinese Trademark Law
- Author
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Zilimila Ainiwaer
- Subjects
Statute ,Trademark ,Fair use ,Statutory law ,Law ,Common law ,Civil law (legal system) ,Pharmacology (medical) ,Business ,Nominative case ,Trademark infringement - Abstract
The new Chinese Trademark Law in 2019 set forth several statutory limitation of trademark right, including descriptive fair use. However, it does not provide any defense for the nominative fair use. Absence of the nominative fair use defense against trademark infringement, China courts apply improper standard to determine such nominative use, and it results in frustrating purpose of trademark law and expanding trademark holder right. After many cases had been determined subject to the doctrine of nominative fair use, the United States well established the doctrine of nominative fair use, also there are statue basis of nominative fair use in the United States federal dilution statute. As this article will demonstrate, Chinese Trademark Law should adopt a nominative fair use defense. The main reason for allowing such use is that such use can reduce customer search costs and promote free flow of information in the market which is a goal of trademark law. So far there is not any satisfactory solution. The article proposes adoption of US common law nominative fair use doctrine with China civil law styled.
- Published
- 2021
23. A study on the News work of the Court in United States
- Author
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Go su yun
- Subjects
Fair use ,Work (electrical) ,Political science ,Law - Published
- 2020
24. Leval, Pierre N. Toward a Fair Use Standard, 103 <scp>Harv</scp>. L. <scp>Rev</scp>. 1105 (1990)
- Author
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Patricia Aufderheide
- Subjects
Fair use ,Communication ,media_common.quotation_subject ,Law ,Doctrine ,ComputingMilieux_LEGALASPECTSOFCOMPUTING ,Sociology ,Centrality ,media_common - Abstract
Judge Pierre Leval’s commentary on the centrality of transformativeness in interpreting fair use decisively changed the way the copyright doctrine was interpreted. He leveraged the forum successful...
- Published
- 2020
25. La parodia: reflexión y elementos propuestos para su interpretación en Colombia
- Author
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Graciela Melo Sarmiento
- Subjects
Legal doctrine ,derecho de autor ,Jurisprudence ,Interpretation (philosophy) ,media_common.quotation_subject ,Media culture ,Aerospace Engineering ,Doctrine ,Legislation ,parodia ,Extension (metaphysics) ,excepciones y limitaciones ,libertad expresión ,lcsh:K1-7720 ,Political science ,Law ,lcsh:Law in general. Comparative and uniform law. Jurisprudence ,Normative ,copyright ,fair use ,media_common - Abstract
En la reforma parcial de la legislación de derechos de autor introducida en Colombia mediante la Ley 1915 de 2018 resalta la inclusión de la parodia como nueva limitación al derecho de autor. No obstante constituye una novedad en el ámbito legislativo nacional, la parodia ya tenía un fuerte arraigo en la cultura popular y mediática en el país, con alcances mucho más amplios que los que la doctrina y la jurisprudencia comparada suelen conceder a esta figura desde la perspectiva jurídica. Como se explicará en este artículo, la costumbre local concibe y acepta el uso de la parodia con un contenido que en muchos de sus ejemplos puede llegar a confrontar los usos honrados traspasando los límites del límite. En este escrito se realizará un análisis de la limitación de la parodia partiendo del texto normativo y procurando su interpretación con ayuda de la doctrina y jurisprudencia comparada de casos relevantes provenientes de los dos sistemas, el derecho de autor continental y el copyright estadounidense, con especial referencia al caso Deckmyn fallado por el Tribunal de Justicia Europeo en el año 2014.
- Published
- 2020
26. Analysis of the proposed solutions for the use of orphan works across the world
- Author
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Kameran Hussein Al-Salihi and Bzhar Abdullah Ahmed
- Subjects
050502 law ,Fair use ,Limited liability ,Orphan works ,05 social sciences ,ComputingMilieux_LEGALASPECTSOFCOMPUTING ,Business ,Law ,Adverse possession ,0505 law ,Law and economics - Abstract
This article analyses solutions proposed to the problem of orphan works. Orphan works are copyrighted works whose owners are difficult or impossible to identify and/or locate after carrying out a diligent search. The first and foremost aim of providing a solution for the problem of orphan works is to regain the goal of copyright protection, which is to enable the public to access and benefit from protected works. This article examines various solutions that have been adopted by different countries. It also analyses solutions that are under examination for introduction into law, such as limited liability in the United States. The authors reveal that the adoption of a solution by any country requires careful study to introduce the most appropriate approach. It was also found that solving the problem of orphan works would benefit both users and copyright holders.
- Published
- 2020
27. Copyright in Digital Television Broadcasting in Kenya: An Analysis of the Royal Media Services Case
- Author
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Cynthia Amutete
- Subjects
Fair use ,business.industry ,media_common.quotation_subject ,Doctrine ,Copyright Act ,Supreme court ,Public interest ,Political science ,Law ,Digital broadcasting ,Digital television ,Fair dealing ,business ,media_common - Abstract
Kenyan superior courts missed an opportunity to discuss and authoritatively settle the law on the nature of copyright in broadcasts and the effect of the must carry rule in digital broadcasting through their decisions in the Royal Media Services case. The Supreme Court, in arriving at its decision, failed to be guided by Kenyan law on copyright in broadcasts and the must carry rule in three key areas. First, the Supreme Court relied on the Philippines’ decision on the definition of a broadcasting organisation without considering the provisions of the Copyright Act (Chapter 130) and the Kenya Information and Communication Act (Chapter 411). Second, the Supreme Court relied on the doctrine of fair use as envisaged in the Philippines copyright regime, yet Section 26 of the Kenyan Copyright Act provides for fair dealing. Third, the Supreme Court relied on the public interest defence without discussing its basis and establishing its parameters, especially since public interest is not provided for in Copyright Act. The Supreme Court erred in determining that rebroadcasting of local broadcasts by subscription television licencees was not an infringement of copyright in broadcast.
- Published
- 2020
28. The age of remix and copyright law reform
- Author
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Yahong Li
- Subjects
Information Age ,Fair use ,Artificial Intelligence ,Political science ,Copyright law ,Computer Science (miscellaneous) ,ComputingMilieux_LEGALASPECTSOFCOMPUTING ,Compulsory license ,Law ,Computer Science Applications ,Biotechnology ,Law and economics - Abstract
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 licenci...
- Published
- 2020
29. La concreción de la legislación del uso legítimo en el Derecho Europeo
- Author
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Quezada Calderón, Franco Esteban, Morgado Freige, María Pilar, Otero Lastres, José Manuel, and Universidad de Alcalá
- Subjects
Limits ,Propiedad intelectual ,Uso legítimo ,Intellectual property ,Derecho ,Límites ,Copyright ,Fair use ,Exceptions ,Law ,Derechos de autor ,Excepciones - Abstract
El objeto de este proyecto es hallar con certeza cuál es el alcance y la configuración actual de los límites a los derechos de autor, analizando en primer lugar su origen, y abordando después las principales regulaciones de esta figura en Europa y España., The aim of this project is to establish with certainty the scope and current configuration of the limits to copyright, firstly by analysing its origin, and then by addressing the main regulations of this figure in Europe and Spain., Máster Universitario en Acceso a la Profesión de Abogado (M155)
- Published
- 2022
30. A Counterfactual Impact Analysis of Fair Use Policy on Copyright Related Industries in Singapore: A Critical Review
- Author
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George S. Ford
- Subjects
fair use ,copyright law ,Singapore ,difference-in-differences ,copyright ,program evaluation ,regression analysis ,piracy ,Law - Abstract
In a 2014 article appearing in Laws, Ghafele and Gibert presented evidence on the economic impacts of Singapore’s change in its fair use policies showing a large effect on industries that manufacture goods useful for private copying of copyrighted works and no effect on the copyright industries. As detailed in this Comment, Ghafele and Gibert’s empirical analysis fails to shed light on the consequences of modifications to fair use policies.
- Published
- 2018
- Full Text
- View/download PDF
31. Customizing Fair Use Transplants
- Author
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Peter K. Yu
- Subjects
comparative law ,copyright ,fair dealing ,fair use ,legal reform ,legal transplant ,Law - Abstract
In the past decade, policymakers and commentators across the world have called for the introduction of copyright reform based on the fair use model in the United States. Thus far, Israel, Liberia, Malaysia, the Philippines, Singapore, South Korea, Sri Lanka and Taiwan have adopted the fair use regime or its close variants. Other jurisdictions such as Australia, Hong Kong and Ireland have also advanced proposals to facilitate such adoption. This article examines the increasing efforts to transplant fair use into the copyright system based on the U.S. model. It begins by briefly recapturing the strengths and weaknesses of legal transplants. The article then scrutinizes the ongoing effort to transplant fair use from the United States. Specifically, it identifies eight modalities of transplantation. This article concludes with five lessons that can be drawn from studying the ongoing transplant efforts.
- Published
- 2018
- Full Text
- View/download PDF
32. Rapid Response: Developing a Suite of Copyright Support Services and Resources at the University of Central Florida during the COVID-19 Pandemic
- Author
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Rich Gause, Sarah A. Norris, and Sara Duff
- Subjects
Fair use ,business.industry ,Suite ,Professional development ,K1-7720 ,Public relations ,Metropolitan area ,Bibliography. Library science. Information resources ,Scholarship ,Law in general. Comparative and uniform law. Jurisprudence ,Work (electrical) ,Phone ,Virtual office ,business ,Law - Abstract
Like many academic libraries, the University of Central Florida (UCF) Libraries has faced the difficult challenge of ensuring access to information and supporting the research, scholarship, and teaching needs of faculty, staff, and students during the COVID-19 pandemic crisis. Copyright and licensing matters have played a key role as the UCF Libraries has helped faculty and students navigate the rapid transition from face-to-face courses to online and conducting academic work in a wholly online environment. This article provides a case study of how the UCF Libraries developed an expanded suite of copyright support services and resources in response to the COVID-19 pandemic. It will explore how each of these services or resources provided specific support to faculty and students in teaching and learning. Services and resources developed in consultation with the Office of General Counsel include a detailed research guide with information about remote access to resources, including temporary access to licensed content from publishers; a series of professional development online workshops on topics such as copyright, fair use, and emergency circumstances and library support for course materials; and additional opportunities for individual consultation support through virtual office hours and other modes of communication, such as chat, email, and phone. The aim of this article is to provide academic libraries with examples of copyright services from a large metropolitan library during COVID-19 so that they can be used as a model when implementing copyright support at their respective institutions during these exigent circumstances and beyond.
- Published
- 2021
33. 著作權法「防盜拷措施」條款例外規定要點之檢討 The Review of Regulations Concerning the Exceptions of Anti-piracy Measures Clauses in Taiwan Copyright Law
- Author
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章忠信 Chung-Hsin Chang
- Subjects
防盜拷措施 ,科技保護措施 ,合理使用 ,數位權利管理 ,數位科技 ,網路 ,Anti-piracy Measures ,Technological Protection Measures (TPMs) ,fair use ,Digital Rights Management (DRM) ,digital technology ,internet ,Law ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 - Abstract
「科技保護措施」是著作權人在數位網路環境下,以技術保護其權利的重要手段,國際著作權法制對於這些「科技保護措施」,再以法律保護,使其不被任意破解或規避。然而,這些規定對於廣大的公眾利益究竟有何負面影響,非無疑義。我國著作權法在2004 年9 月1 日增訂「防盜拷措施」條款後,主管機關終於在2006 年3 月23 日發布「防盜拷措施」排除適用範圍之認定要點,即「著作權法第80 條之2 第3 項各款內容認定要點」,本文針對此一要點的訂定背景與內容作簡要介紹與分析,期望引起各界的關注,也可以為本要點下一次的檢討修正作準備。 Technological Protection Measures (TPMs) is an important method for copyright owners to employ technology to protect his right under digital internet environment. International copyright treaty establishes legal regime to prevent those TPMs from crack or circumvention. However, what negative side effects those regulations may cause to the public interest needs to be evaluated. Taiwan amended its Copyright Law and introduced so-call Anti-piracy Measures clauses on Sep. 1, 2004. In addition, the Competent Authority released the regulations concerning the details of exceptions and limitations set forth in Paragraph 3 of Article 80ter on Mar. 23, 2006. This Article summarizes the background and analysis the details of the regulations. The purpose of this Article is to raise the public concern to this issue. It may also make a preparation to amend the Regulation.
- Published
- 2006
34. 「數位內容產業發展條例草案」有關著作權規範之檢討 A Review to Copyright-Related Provisions in the Bill of the Act for the Development of Digital Content Industry
- Author
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章忠信 Chung-Hsin Chang
- Subjects
數位內容 ,著作財產權 ,合理使用 ,法定授權 ,資料庫 ,網路服務業者 ,孤兒著作 ,digital content ,copyright ,fair use ,statutory license ,ISP ,orphan works ,database ,Law ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 - Abstract
研議中的「數位內容產業發展條例(草案)」目前由經濟部工業局所主導,先委託資策會科技法律中心研擬條例草案,再進行各界意見彙整與機關協商,預計近期完成行政院版本草案,再提立法院審議,其內容包括網際網路服務、內容軟體、無限寬頻、數位遊戲、電腦動畫、行動應用服務及數位出版典藏等,其中有諸多議題與著作權法制有關,包括著作權設質登記、著作權人不明或失聯或出版品數位化之法定授權制度、資料庫之保護,以及ISP 業者針對數位內容侵害著作權行為之責任等,本文就該等議題脫離著作權法,於數位內容產業發展基本法中另作規定一事,提出反對意見,另逐一 就相關議題之背景、草案條文之內容以及各國立法情形作分析說明,同時提出修正建議,期望引起各界關注,共同討論,以使各該條文更臻完善。 A bill concerning the act for the development of digital content industry, draft by Technology Law Center of Institute of Information Industry, is introduced by the Industry Bureau, MOE. The Industry Bureau is collecting the public suggestions and consulting with other agencies. A formal draft is expected to submit to Legislative Yuan by the Executive Yuan in the near time. Among other things, there are several issues concerning copyright in the bill, such as registration of copyright mortgage, the exploitation of orphan works, statutory license of articles in periodicals, protection of database, infringement liability of ISP. This Article strongly objects the approach to address those issues in the bill other than in Copyright law. In addition, it analyses all the provisions concerning copyright with their backgrounds, comparison of international legal regime. Finally, it submits some suggestions for further discussion and raising concerns by the public.
- Published
- 2006
35. Lessons in Copyright Activism: K-12 Education and the DMCA 1201 Exemption Rulemaking Process.
- Author
-
Hobbs, Renee
- Subjects
COPYRIGHT ,UNITED States education system ,DIGITAL rights management ,UNITED States. Digital Millennium Copyright Act ,FAIR use (Copyright) - Abstract
Digital learning is being transformed by changes in copyright law. This article discusses the author's personal journey as a copyright education activist through two rounds of rulemaking proceedings before the Copyright Office concerning the anti-circumvention provisions of one part of the copyright law, the Digital Millennium Copyright Act (DMCA), which is the law that exempts YouTube and other ISPs from liability from copyright claims and criminalizes the circumvention of digital rights management (DRM) software that protects DVDs from being copied. Every three years, petitioners can claim their rights have been compromised by the current law; the Copyright Office pores over the petitions, weighs the pros and cons, and then offers recommendations to the Librarian of Congress, who ultimately grants or denies the exemptions. The author was successful in expanding the rights of K-12 teachers to legally "rip" DVDs by using the Section 1201 rulemaking process, which is one of the only significant ways that educators can expand their rights to use copyrighted material for teaching and learning purposes. By asserting the rights of K-12 educators to circumvent encryption to make fair use of copy-protected DVDs and online digital media for teaching and learning, the law begins to move beyond the needs of large-scale content owners to include the rights of educators and students. [ABSTRACT FROM AUTHOR]
- Published
- 2016
- Full Text
- View/download PDF
36. Academic Special Collections and the Myths of Copyright
- Author
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Dana Miller and Teresa Auch Schultz
- Subjects
Statement (computer science) ,Fair use ,business.industry ,lcsh:Law ,Special collections ,ComputingMilieux_LEGALASPECTSOFCOMPUTING ,Mythology ,Permission ,Public domain ,lcsh:Z ,lcsh:Bibliography. Library science. Information resources ,lcsh:K1-7720 ,Law ,lcsh:Law in general. Comparative and uniform law. Jurisprudence ,business ,Publication ,License ,lcsh:K - Abstract
This study compares the copyright and use policy statements posted on the websites of the special collections of Association of Research Libraries member libraries. In spring 2018, 99 academic special collections websites were viewed, and data was collected based on the following: 1) presence and content of a general copyright statement; 2) mention of copyright owners besides the special collections; 3) presence and accuracy of statements regarding fair use and public domain; 4) policies for patron-made copies; 5) whether the special collections required its permission and/or the copyright owner’s permission to publish; 6) whether any use or license fees were charged and how clearly fees were presented. Authors analyzed whether these policies reflect copyright law or went beyond it, unnecessarily restricting the use of materials or imposing fees where rights are in question. A majority of the sites included general copyright statements, mentioned other copyright owners, and mentioned fair use, but only a minority mentioned the public domain. Just more than half restricted how patrons could use patron-made copies. About half required the special collections’ permission to publish a copy, and a fifth said any third-party owner’s permission was also required for publication.
- Published
- 2019
37. COMPARATIVE STUDY OF IMPLICATION FOR IMPLEMENTING COPYRIGHT LAW AND BOOK LAW IN THE LIBRARY COLLECTION SERVICE
- Author
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Ratna Nurhayati and Mohamad Pandu Ristiyono
- Subjects
Fair use ,media_common.quotation_subject ,Doctrine ,lcsh:Law ,ComputingMilieux_LEGALASPECTSOFCOMPUTING ,Fair dealing doctrine ,ComputingMilieux_GENERAL ,Exclusive right ,Work (electrical) ,Service (economics) ,Political science ,Law ,Copyright Law ,Normative ,Obligation ,Book Law ,Fair dealing ,media_common ,lcsh:K - Abstract
This article examines the implication of Copyright Law and Book Law implementation of the service in the library. The research method used is normative juridical legal. Thecorrelation between the Book Law, Law on Handover of Print and Recorded Worksand the Library Law, both are lex specialist derogate generalist of the CopyrightLaw or not, according to the author is the adoption or depiction of the fair use andfair dealing doctrine as which is the social function of copyright. The CopyrightLaw provides protection for Author and Copyright Holder with exclusive rights tobe exploited. Related to the Law on Handover of Print and Record Works whichgives the obligation of the Author or Copyright Holder to deposit their work for thepurpose of preservation and other social purposes to the library which is regulatedin the Library Law
- Published
- 2019
38. The Georgia State Litigation: Literal Copying in Education
- Author
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Emily Hudson
- Subjects
Fair use ,Harm ,Copying ,State (polity) ,media_common.quotation_subject ,Political science ,Law ,Doctrine ,Virtual learning environment ,Eleventh ,Relation (history of concept) ,media_common - Abstract
This case note examines the long‐standing litigation against Georgia State University in relation to the posting, by faculty and library staff, of unauthorised copies of book extracts on the University's electronic reserves and virtual learning environment. The central question in this litigation has been whether these acts of copying fall within the fair use doctrine in US copyright law. In answering this, a key question for the US courts – and one relevant to other jurisdictions with free exceptions for education, such as the UK – has been whether existing and potential licensing activity is relevant to the question of whether an exception applies. This case note discusses how market effect has been analysed in Georgia State, including the recent rejection by the Court of Appeals for the Eleventh Circuit of a strongly empirical approach to market harm.
- Published
- 2019
39. Sampling Increases Music Sales: An Empirical Copyright Study
- Author
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Ken W. Brown, W. Michael Schuster, and David M. Mitchell
- Subjects
Product (business) ,Empirical research ,Fair use ,Presumption ,Private law ,ComputingMilieux_LEGALASPECTSOFCOMPUTING ,Sample (statistics) ,Business ,Business and International Management ,Marketing ,Law ,Competitive advantage ,License - Abstract
This Article presents an empirical study of digital sampling’s effect on the sales of sampled songs and — based on the collected data — argues that a reassessment of fair use in this area is needed. To conduct the research, a group of previously sampled songs was identified and sales information for these works collected. The analysis found, to a 99.99% degree of statistical significance, sales of sampled songs increased after being repurposed in a new work. The Supreme Court instructs that the most important consideration in analyzing fair use is the effect on the market for the original. Evaluating a set of songs sampled by works appearing in the Billboard Music Year End Charts for 2006-2015 found increases in sales for the earlier works post-sampling. These gains were enhanced where the sample included lyrics from the original or was pervasively used throughout the new song. Findings of this nature favor judicial determination that sampling constitutes a fair use (and thus no license is needed), but they are not conclusive. In evaluating fair use, courts must also review the influence that a new work has on extant licensing markets to create derivatives of the original. Thus, to the extent a market for licensing copyrighted songs properly exists, influence on this market should be considered in addressing sampling and fair use. This paper argues that the current sample-licensing market is a product of aberrant anti-sampling caselaw and a want of relevant information (such as the data in this study) which incented risk-averse actors to purchase unnecessary licenses. Evaluating digital sampling and copyright law through this lens warrants a whole-cloth review of whether the practice is a fair use. Based on evidence provided herein, this article asserts that sampling should be a presumptive fair use in certain instances that maximize the new work’s capacity to increase sales of the original. Such a presumption furthers the goal of encouraging creative activity without hindering the copyright owner’s capacity to financially gain from their work. Lastly, while the genesis of this investigation was application of the fair use doctrine to sampling, the findings are applicable outside this limited purpose. The article applies its results in the realm of private law through a law and strategy lens. Forward thinking music firms should reframe their approach to sample licensing to achieve a competitive advantage. This goal can be achieved by deviating from the norm of zealous sample policing, and instead offering costless sample licenses to maximize the free advertising and increased sales associated with therewith.
- Published
- 2019
40. Adoption of British Fair Dealing by the French System of Exceptions: In Praise of the Technique of Standards and the Philosophy of the Reasonable
- Author
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Jean-Michel Bruguiere
- Subjects
0106 biological sciences ,Fair use ,media_common.quotation_subject ,Flexibility (personality) ,Fundamental rights ,Intellectual property ,16. Peace & justice ,01 natural sciences ,Test (assessment) ,010601 ecology ,010104 statistics & probability ,Order (exchange) ,Political science ,Political Science and International Relations ,0101 mathematics ,Praise ,Fair dealing ,Law ,media_common ,Law and economics - Abstract
As the result of technological, cultural and social developments, continental copyright law is now faced with a need for greater flexibility in the implementation of its exceptions. In order to introduce such flexibility, some propose introducing a mechanism similar to American fair use. Others recommend a broader solicitation of the fundamental rights and freedoms. This article sets out to analyse the way in which the French system of exceptions is inspired, or could be better inspired, by British fair dealing and, more broadly, by standards such as the “rules of the genre”, “brief quotations” and the “three-step test”.
- Published
- 2019
41. To share is fair: The changing face of China's fair use doctrine in the sharing economy and beyond
- Author
-
Jie Wang and Tianxiang He
- Subjects
Fair use ,Computer Networks and Communications ,media_common.quotation_subject ,Doctrine ,ComputingMilieux_LEGALASPECTSOFCOMPUTING ,Legislature ,Legislation ,Intangible good ,Public good ,General Business, Management and Accounting ,ComputingMilieux_GENERAL ,Incentive ,Sharing economy ,Business ,Law ,Law and economics ,media_common - Abstract
Copyrighted works are greatly entwined with the concept of the sharing economy because of their status as informational public goods. Unlike commercial sharing models that address tangible goods such as bikes and houses, the sharing of which is limited by their physical nature, sharing models for intangible copyrighted works such as Google Books and live game webcasting must account for the comparatively unfettered ability for these to be shared. Accordingly, these models are more focused on exploiting such works to their full commercial potential. However, these sharing models are to a large extent based on the unauthorised exploitation of copyrighted works and will be unworkable if the related copyright issues cannot be solved. The interest that copyright owners have in exclusivity must thus be balanced with the public's interest in further exploitation of copyrighted works. Article 22 of the Copyright Law of China outlines an exhaustive list of copyright exceptions; such a restrictive list is incompatible with the sharing economy. The Chinese courts have realised this problem and have gone beyond the law in their judgments, taking a cue from their US counterparts. However, many of these decisions appear to be inconsistent with one another. To address the aforementioned problems, this paper examines the latest proposed amendment to the Copyright Law of China and proposes several legislative and judicial actions that could help promote the sharing economy. At the legislative level, enacting legislation based on a refined open-ended fair use model is necessary to promote the development of the sharing economy. At the judicial level, Chinese courts should employ the concept of transformative use to correctly interpret legislation based on the proposed open-ended model. With transformative use as the cornerstone of copyright policy, the public gains the freedom to share others’ works, participate in the innovation process, and create works with new value. Moreover, authors would retain an incentive to create works under such a legal regime because market substitution will not occur if a work is used for a different expressive purpose than that for which the work was originally created. Thus, a balance can be achieved between promoting the sharing economy and protecting the exclusivity of copyright in China.
- Published
- 2019
42. Considering Fair Use: DMCA’s Take Down & Repeat Infringers Policies
- Author
-
Amanda Reid
- Subjects
ComputingMilieux_GENERAL ,Haze ,Fair use ,Safe harbor ,Communication ,Law ,Digital Millennium Copyright Act ,ComputerApplications_COMPUTERSINOTHERSYSTEMS ,ComputingMilieux_LEGALASPECTSOFCOMPUTING ,Business - Abstract
Courts have recently clarified some aspects of the Digital Millennium Copyright Act safe harbor system, yet other aspects remain hazy. In this haze, ISPs are incentivized to over-block content, and...
- Published
- 2019
43. The copyright quotation exception: not fair use by another name
- Author
-
Jane Parkin
- Subjects
ComputingMilieux_GENERAL ,Fair use ,Interpretation (philosophy) ,Political science ,Law ,Copyright law ,Copyright infringement ,ComputingMilieux_LEGALASPECTSOFCOMPUTING - Abstract
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 ap...
- Published
- 2019
44. Paramount Pictures v. Axanar Productions: identifying the infringed work when an unauthorized production is set in an existing fictional universe
- Author
-
Michael D. Dunford
- Subjects
ComputingMilieux_GENERAL ,Entertainment ,Fair use ,Substantial similarity ,Computer science ,Fictional universe ,Copyright infringement ,Foundation (evidence) ,ComputingMilieux_LEGALASPECTSOFCOMPUTING ,Plot (narrative) ,Intellectual property ,Law ,Law and economics - Abstract
The copyright status of the fictional universes that form the foundation of many interactive and conventional entertainment franchises is unclear, making it difficult to determine how to assess copyright infringement claims when the universe is appropriated for use by an unauthorized work. A recent American case, Paramount Pictures v. Axanar Productions, represents one of the only known examples of such a case that does not involve the corresponding use of major plot elements or characters from within the main franchise works. This paper uses the Paramount Pictures v. Axanar Productions case as an example of the effect that decisions about how to identify the infringed work have on both the substantial similarity and fair use inquiries. The aggregation approach adopted by the court is critiqued, and an alternative approach – treating the fictional universe itself as a copyright protected work – is suggested as an alternative consistent with existing law. However, even that approach is likely to have potential pitfalls. Ultimately, those interested in copyright as applied to multi-work franchises should be aware that this is an area of lingering uncertainty, with both the nature and the extent of the copyright protection afforded to fictional universes undefined at the current time.
- Published
- 2018
45. Copyright, Culture, and Community in Virtual Worlds
- Author
-
Dan Burk
- Subjects
copyright ,fair use ,Uru ,Myst ,fan fiction ,traditional knowledge ,computer game ,diaspora ,user generated content ,UGC ,Law - Abstract
Communities that interact on-line through computer games and other virtual worlds are mediated by the audiovisual content of the game interface. Much of this content is subject to copyright law, which confers on the copyright owner the legal right to prevent certain unauthorized uses of the content. Such exclusive rights impose a limiting factor on the development of communities that are situated around the interface content, as the rights, privileges, and exceptions associated with copyright generally tend to disregard the cultural significance of copyrighted content. This limiting effect of copyright is well illustrated by examination of the copying of content by virtual diaspora communities such as that formed around the game Uru: Ages of Myst; thus, the opportunity for on-line communities to legally access the graphical elements on which those communities are built is fraught with potential legal liability. This presents the reciprocal situation from efforts to protect the cultural properties of indigenous communities as traditional knowledge. Reconsideration of current copyright law would be required in order to accommodate the cohesion of on-line communities and related cultural uses of copyrighted content.
- Published
- 2016
- Full Text
- View/download PDF
46. Fair Dealing for the Purpose of Education: York University v The Canadian Copyright Licensing Agency
- Author
-
Pascale Chapdelaine
- Subjects
exception to copyright infringement ,education ,Fair use ,copyright user right ,media_common.quotation_subject ,Copyright law ,copyright ,Appeal ,Copyright infringement ,Doctrine ,Intellectual Property Law ,copyright infringement ,copyright collective societies ,Supreme court ,fair dealing ,Political science ,Law ,Agency (sociology) ,copyright law ,copyright tariffs ,Fair dealing ,fair use ,media_common - Abstract
In York University v The Canadian Copyright Licensing Agency (2020), the Federal Court of Appeal was confronted with two issues at the heart of ongoing debates in Canadian copyright law. First, whether tariffs of copyright collective societies are mandatory. Second, and the main focus of this case comment, how should the fair dealing doctrine be interpreted with respect to the purpose of education. The Federal Court of Appeal upheld the Federal Court decision that York University Fair dealing Guidelines did not meet the fair dealing requirements in copyright law. This case comment highlights how the Federal Court and Federal Court of Appeal failed to consider important contextual elements of York University Guidelines that might have led to different conclusions. It provides some guidance on how fair dealing for the purpose of education should be interpreted. While fair dealing has been characterized as a “user right” by the Supreme Court of Canada in CCH Canadian Ltd v Law Society of Upper Canada (2004) and subsequent decisions, this case comment points to some of the shortcomings of fair dealing as a vehicle to promote greater access to educational materials. It concludes by highlighting the challenges that lie ahead on the application of fair dealing to educational institutions, and by broadening the debate of access to educational materials beyond the fair dealing doctrine.
- Published
- 2021
47. Digital Humanities Research under United States and European Copyright Laws
- Author
-
Pawel Kamocki and Erik Ketzan
- Subjects
Fair use ,media_common.quotation_subject ,Doctrine ,Face (sociological concept) ,ComputingMilieux_LEGALASPECTSOFCOMPUTING ,Directive ,Digital Single Market ,State (polity) ,Digital humanities ,Law ,Political science ,media_common.cataloged_instance ,European union ,media_common - Abstract
This chapter summarizes the current state of copyright laws in the United States and European Union that most affect Digital Humanities research, namely the fair use doctrine in the US and research exceptions in Europe, including the Directive on Copyright in the Digital Single Market, which has been finally adopted in 2019. This summary begins with a description of recent copyright advances most relevant to DH research, and finishes with an analysis of a significant remaining legal hurdle which DH researchers face: how do fair use and research exceptions deal with the critical issue of circumventing technological protection measures (TPM, a.k.a. DRM). Our discussion of the lawful means of obtaining TPM-protected material may contribute to both current DH research and planning decisions and inform future stakeholders and lawmakers of the need to allow TPM circumvention for academic research.
- Published
- 2021
48. Moral Reflections on Strict Liability in Copyright
- Author
-
Patrick R. Goold
- Subjects
Fair use ,Strict liability ,media_common.quotation_subject ,Liability ,Doctrine ,Context (language use) ,ComputingMilieux_LEGALASPECTSOFCOMPUTING ,K1 ,ComputingMilieux_GENERAL ,Argument ,Law ,Accidental ,Moral responsibility ,Business ,B1 ,media_common - Abstract
Accidental infringement of copyright is a pervasive and largely ignored problem. In the twenty-first century, it has become increasingly easy to infringe copyright unintentionally. When such accidental infringement occurs, copyright law holds the user strictly liable. Prior literature has questioned whether the strict liability standard is normatively defensible. In particular, prior literature has asked whether the strict liability standard ought to be reformed for economic reasons. This Article examines the accidental infringement problem from a new perspective. It considers whether it is fair to hold copyright users strictly liable for accidental infringements of copyright. This Article argues that the strict liability standard is not fair because it results in copyright users being held liable for accidents for which they are not morally responsible. Using the moral philosophy literature on responsibility, this Article explores our intuitions surrounding copyright’s liability standard in order to better understand why strict liability in this context seems “harsh” and “inequitable.” In turn, this provides an argument for reforming copyright’s liability rule and adopting a negligence standard. This Article then argues that, within the United States, the proposed reform to copyright’s liability rule should be accomplished by modifications to the existing fair use doctrine.
- Published
- 2021
49. The Natural Right to Parody: Assessing the (Potential) Parody/Satire Dichotomies in American and Canadian Copyright Laws (Originally in Windsor Yearbook of Access to Justice 2018; Updated Version Republished on SSRN, January 2021)
- Author
-
Amy Lai
- Subjects
History ,Fair use ,Polymers and Plastics ,Dichotomy ,media_common.quotation_subject ,Windsor ,Creativity ,Economic Justice ,Industrial and Manufacturing Engineering ,Law ,Political science ,Natural (music) ,Yearbook ,Business and International Management ,Fair dealing ,health care economics and organizations ,media_common - Abstract
This paper argues that the parody provisions in American and Canadian laws need to be reformed to stimulate creativity and enable free expressions.
- Published
- 2021
50. A Framework for a Capabilities-Based Approach to Copyright
- Author
-
Megha Jandhyala
- Subjects
Inequality ,media_common.quotation_subject ,ComputingMilieux_LEGALASPECTSOFCOMPUTING ,Copyright theory ,Teoria do direito autoral ,Indigenous ,Through-the-lens metering ,capabilities approach ,abordagem das capacidades ,desenvolvimento humano ,piracy ,uso justo ,Economics ,media_common ,Law and economics ,Fair use ,Perspective (graphical) ,K1-7720 ,Human development (humanity) ,Fan fiction ,pirataria ,Scholarship ,Law in general. Comparative and uniform law. Jurisprudence ,human development ,Law ,fair use - Abstract
This article highlights the importance of an analysis of copyright law from a human development perspective. Drawing on Amartya Sen and Martha Nussbaum’s Capabilities Approach, it outlines why copyright scholarship and policymaking should address human capabilities. It also explores several vital questions that a human development approach to copyright raises, including questions about the distributional effects of copyright law. It examines Mary Sue fan fiction through the lens of the Capabilities Approach to illustrate how the approach differs from the standard utilitarian approach to copyright. Furthermore, it argues that several factors associated with a country’s level of development, particularly its social, economic, and institutional contexts, affect the relationship between copyright and human capabilities. Therefore, rather than making broad generalizations about whether or not copyright law is good or bad for human development, it concludes that aspects of copyright law can enhance human development in the presence of certain other factors (such as strong indigenous industries and institutions). Conversely, aspects of copyright law can have a significant negative impact on human capabilities in certain environments, such as a weak institutional environment, or a socio-economic environment that is fraught with inequality. To illustrate this point, the article examines the issue of piracy through the lens of the Capabilities Approach. Resumo Este artigo destaca a necessidade de uma análise da legislação de direitos autorais a partir da perspectiva do desenvolvimento humano. Com base na abordagem das capacidades de Amartya Sen e Martha Nussbaum, o artigo descreve por que os estudos acadêmicos e as políticas públicas sobre direitos autorais devem abordar as capacidades humanas. São exploradas também várias questões vitais que uma abordagem baseada no desenvolvimento humano para os direitos autorais suscita, incluindo aquelas sobre os efeitos distributivos da lei de direitos autorais. Examina-se a fanfiction de Mary Sue pelas lentes da abordagem das capacidades, para ilustrar como esta difere da abordagem utilitarista padrão dos direitos autorais. Além disso, argumenta-se que vários fatores associados ao nível de desenvolvimento de um país, particularmente seu contexto social, econômico e institucional, afetam a relação entre direitos autorais e capacidades humanas. Portanto, em vez de fazer amplas generalizações sobre se a lei de direitos autorais é boa ou ruim para o desenvolvimento humano, conclui-se que aspectos da legislação de direitos autorais podem melhorar o desenvolvimento humano na presença de certos fatores (como fortes indústrias e instituições locais). Por outro lado, certos aspectos das legislações de direitos autorais podem ter um impacto negativo significativo sobre as capacidades humanas em certos ambientes, como em um ambiente institucional fraco ou socioeconomicamente repleto de desigualdades. Para ilustrar esse ponto, o artigo examina a questão da pirataria pelas lentes da abordagem das capacidades.
- Published
- 2021
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