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Given the significant investment needed to gather the news, American journalism institutions have historically sought to protect their copyrights. The legal principle of fair use interplays with the ability of users to reshape portions of cultural products to make transformative works. As Large Language Models that empower Artificial Intelligence platforms can be built upon news artifacts, copyright considerations have, to date, evolved faster than legal and regulatory frameworks can respond. Examining public comments submitted to the U.S. Copyright Office in 2023, this study provides a historical snapshot of how copyright was conceptualized by American journalism institutions in the earliest era of AI adoption within newsrooms. This study finds that this set of journalism institutions largely endorsed licensing arrangements for the legal (re)use of journalistic works. At the same time, as viewed through the lens of metajournalistic discourse, the comments provided another public forum for journalism institutions to publicly debate and define the boundaries of the news profession itself. [ABSTRACT FROM AUTHOR]

Objective: The present research was conducted with the aim of examining and analyzing the role of preservation of works in Iranian libraries, and specifically, the National Library of Iran as an authority among Iranian libraries.Methodology: The current research is practical in terms of its purpose and was conducted with a qualitative research approach. The method of documentary analysis was suitable for the current research. Therefore, 36 selected national, academic, medical sciences, public and digital libraries inside and outside Iran were investigated and in some cases through e-mail and communication with libraries, the desired information received. Also, in data analysis, primary, secondary and classification coding has been used.Findings: The analysis of data from the research and open coding indicates that 116 primary codes, 188 conceptual codes, 227 categories and 5 classes were obtained. The analysis of data from the research and open coding indicates that 116 primary codes, 188 conceptual codes, 227 categories and 5 classes were obtained. The findings of the research show that the solutions and recommended policies of copyright in libraries can be classified into five classes. The moral and economic; non-profit use, license and agreement, fair use and violation of copyright are the most important in the development of copyright policy of printed and digital resources in libraries.Conclusion: The libraries can provide legal and authorized services to users by having a copyright policy and a legal framework. Also, libraries can use the solutions proposed in the current research, such as creating the "rights and access" field in library software, using permission to access certain resources, and using technical control measures. Copy and access to protect the intellectual rights of the owners of the works, use the form "copyright registration of works", create a copyright office/center and the like to provide proper services to the users and protect the rights of the creators. In addition, it is suggested to the legislators to prioritize the approval of the bill of literary and artistic property rights and related rights, which has been compiled since 2005. This bill has tried to resolve some of the ambiguities in The Iranian Law for the Protection of Authors, Composers and Artists Rights (1970), and to resolve some ambiguities related to libraries and its exceptions. Also, the ratification of the Marrakesh Treaty, which Iran has accepted since 2014, can take a small step in providing optimal services to the target users of the treaty. Because this is the only treaty that has paid attention to the access of the mentioned groups to the resources by considering the author's right.

In 2018, the University of Winnipeg Library introduced the Syllabus Service to improve the course reserves submission process. This initiative has allowed library staff to proactively support copyright in e-reserves and provided opportunities to improve accessibility for students. The service has also encouraged faculty and instructor use of course reserves by reducing the time and effort required to submit requests, and has eased the workload of reserves staff by leveraging the expertise of the Copyright Office. [ABSTRACT FROM AUTHOR]

Objective: The present research was conducted with the aim of examining and analyzing the role of preservation of works in Iranian libraries, and specifically, the National Library of Iran as an authority among Iranian libraries. Methodology: The current research is practical in terms of its purpose and was conducted with a qualitative research approach. The method of documentary analysis was suitable for the current research. Therefore, 36 selected national, academic, medical sciences, public and digital libraries inside and outside Iran were investigated and in some cases through e-mail and communication with libraries, the desired information received. Also, in data analysis, primary, secondary and classification coding has been used. Findings: The analysis of data from the research and open coding indicates that 116 primary codes, 188 conceptual codes, 227 categories and 5 classes were obtained. The analysis of data from the research and open coding indicates that 116 primary codes, 188 conceptual codes, 227 categories and 5 classes were obtained. The findings of the research show that the solutions and recommended policies of copyright in libraries can be classified into five classes. The moral and economic; non-profit use, license and agreement, fair use and violation of copyright are the most important in the development of copyright policy of printed and digital resources in libraries. Conclusion: The libraries can provide legal and authorized services to users by having a copyright policy and a legal framework. Also, libraries can use the solutions proposed in the current research, such as creating the "rights and access" field in library software, using permission to access certain resources, and using technical control measures. Copy and access to protect the intellectual rights of the owners of the works, use the form "copyright registration of works", create a copyright office/center and the like to provide proper services to the users and protect the rights of the creators. In addition, it is suggested to the legislators to prioritize the approval of the bill of literary and artistic property rights and related rights, which has been compiled since 2005. This bill has tried to resolve some of the ambiguities in The Iranian Law for the Protection of Authors, Composers and Artists Rights (1970), and to resolve some ambiguities related to libraries and its exceptions. Also, the ratification of the Marrakesh Treaty, which Iran has accepted since 2014, can take a small step in providing optimal services to the target users of the treaty. Because this is the only treaty that has paid attention to the access of the mentioned groups to the resources by considering the author's right. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Commercial & Intellectual Property Law (TFM) / Ticaret ve Fikri Mülkiyet Hukuku Dergisi is the property of Ankara Yildirim Beyazit University, Facult of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In this interview, Nancy Sims, Director of Copyright & Scholarly Communication at the University of Minnesota Libraries, delves into current topics in copyright and scholarly communication including open access, fair use, and artificial intelligence (AI). Her assured and succinct answers reveal the ways visual resources professionals can thrive within the changing legal and cultural intellectual property landscape by employing "flexible mindsets." Sims acknowledges that the nuances within copyright law are difficult for humans to reckon with, but she finds hopeful paths forward even within the gray areas. We are all creators and users. Can that be our superpower as we advocate for equity and accessibility in our professional and personal lives? [ABSTRACT FROM AUTHOR]

The copyright dispute between the National Library and Beijing Sanmianxiang Company has brought the issue of digital distribution of out-of-print works in collection to the attention of the society. In order to protect copyright, reconcile the public interest and avoid disrupting the normal market operation mechanism, China's Regulations on the Protection of the Right of Communication Through Information Network stipulate a fair use system for the digital dissemination of out-of-print works in collection. From the perspective of implementation, the restrictions on the eligible objects and the scope of dissemination are too harsh, and there are problems such as violation of the requirement of equalization of basic public services and violation of the principle of balance of interests. In light of the useful reference in newly amended Japanese Copyright Law, it is advisable for China to adopt the following reform measures for the regulation of digital dissemination of out-of-print works in collections: first, to expand the scope of fair use and establish a dissemination system covering intra-library, inter-library and extra-library, and establish a matching compensation mechanism; second, to optimize the conditions for the application of objects and establish a dynamic recognition mechanism for out-of-print works third, to explore the establishment of a digital dissemination mechanism for out-of-print works with the National Library as the hub. [ABSTRACT FROM AUTHOR]

Copyright of Taiwan Law Review is the property of Angle Publishing Co., Ltd and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The rapid proliferation of artificial intelligence (AI) technology, particularly the deployment of generative AI in the creation of short videos, has exposed the anachronistic and incomplete nature of the copyright limitations and exceptions (L&E) within the Copyright Law of China. The US jurisprudential approach, characterized by the four-factor fair use analysis and the doctrine of transformative use, has been embraced in China by courts as 'general legal principles'. These principles have been localized within the restrictive framework of the Berne Convention's three-step test. However, the application of these principles to China's burgeoning AI and AI-generated content industry, exemplified by the short video sector, reveals a complex landscape. The purposes behind the utilization of copyrighted works are multifaceted, and the intense rivalry between 'long' and 'short' videos that represent established and emerging giant Internet platform enterprises further muddies the waters in the application of the American 'purpose transformation' concept. A better alternative would be to seek guidance from the Copyright Law of Japan. By grounding decisions in pre-existing, enumerated copyright exceptions, systematically categorizing L&E scenarios, and delineating key considerations for various categories, the judiciary can be steered towards a more nuanced and equitable resolution of individual cases and strike a balance between the interest of copyright holders, Internet users, and the emerging Internet platform enterprises. [ABSTRACT FROM AUTHOR]

This article investigates the relationship between copyright and publicity right. These rights are connected in a place where the creators of literary and artistic works use the identity symbols of celebrities and especially their images to create their works. Here, the conflict between the two owners of moral rights shows itself. According to the fundamental principles of copyright or author's right, the work belongs to its creator. On the other hand, using a person's image without his consent can be considered an infringement of publicity right because of free riding and exploitation. Therefore, according to the standards raised in pioneering countries such as America, the right to publicity is recognized as an inherent right of a human being to prevent profiteering from identity signs and emphasize the right's economic aspect. The legal doctrines do not agree on the clash between these two rights and whether the reputation owner should be defended and prevented from violating his economic rights or take the side of the copyright holder. This has led to conflicting opinions and also verdicts in American law. Therefore, the primary question of this research is: In cases of interference between copyright and publicity right, who owns the exclusive rights and benefits of the creativity that have appeared? The current research aims to answer the above question with a descriptiveanalytical method and a library and comparative approach. For this purpose, an attempt has been made to clarify the concept of copyright and publicity right, the relationship between the two in terms of similarities and differences, and the interference of these two rights. Solving the conflict between this issue from different legal and judicial perspectives is another subject matter that is considered along with Iran's legal position. The fundamental belief is that if the owner of the publicity right exercises his rights and prevents the manifestation of his identity marks in the literary and artistic works of others, huge damages will be caused to the copyright holders, and consequently, the general public will suffer; This partiality means the opportunity loss to create new and derivative works based on adaptation for other artists and blocks the way of innovation in the future. If the rights of the copyright holder are overridden, the right of the person to benefit from the features of reputation and identity will be infringed. Therefore, in case of interference, a frontier should be found between these two conflicting interests and the rights of copyright creators and owners of publicity right must be considered. In American law, referring to the principle of "fair use" and expanding its dimensions to the publicity right is considered an important step in settling the claims of copyright owners and the right of publicity. In this regard, the four criteria of the nature of use, the nature of publicity right, Substantiality of the Misappropriation, and the effect of the use on the potential market the owner of publicity have been considered in explaining the boundary between commercial and noncommercial use. The article concludes that the dominance of these two different legal bodies does not mean that one has precedence over the other or that each one is nullified by the other. One should respect the author's creative activities and consider protecting the exclusive rights hidden in identity symbols and controlling their use. Therefore, one of the research achievements is that there is coexistence between two rights, and emphasizing each one does not mean excluding the other or reducing each territory against the other. In Iranian law, although the right to publicity has not been taken into consideration by the legislator and the judicial procedure is silent in any case, it is possible to achieve this conclusion with the inspiration of the solution adopted in leading countries and along with global developments, in the assumption that a creator exploits the celebrity's symbols in his work, the judge must make a decision and they can distinguish between commercial and non-commercial exploitation by referring to the principles of fair use and especially the criterion of the nature and context of use, and if they find free riding, consider the famous person entitled to receive compensation. In this way, the creation of a literary and artistic work from the image of a famous person without his consent is allowed if it is either taken in public places and according to the rights of citizenship, based on the right to freedom of expression and access to information, or the creator manifests the celebrity's image in a transformative way based on the derivative work, so that the famous person is regarded the secondary subject of that work. [ABSTRACT FROM AUTHOR]

Copyright of Private Law is the property of University of Tehran and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Taiwan Law Review is the property of Angle Publishing Co., Ltd and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright: Best Practices for Academic Libraries provides valuable advice for librarians to navigate the complex world of copyright law in their profession. The book consists of twenty chapters, each written by experts, focusing on academic libraries and enhancing copyright literacy. One of the book's aims is to enable readers to become proficient in understanding the intricacies of copyright and take an active part in the ongoing conversations. [ABSTRACT FROM AUTHOR]

Many online media platforms currently utilise algorithmically driven content moderation to prevent copyright infringement. This article explores content moderation's effect on mashup music – a form of remix which relies primarily on the unauthorised combining of pre-existing, recognisable recordings. Drawing on interviews (n = 30) and an online survey (n = 92) with mashup producers, we show that content moderation affects producers' creative decisions and distribution strategies, and has a strong negative effect on their overall motivation to create mashups. The objections that producers hold to this state of affairs often strongly resonate with current copyright exceptions. However, we argue that these exceptions, which form a legal 'grey zone', are currently unsatisfactorily accommodated for by platforms. Platforms' political-economic power allows them, in effect, to 'occupy' and control this zone. Consequently, the practical efficacy of copyright law's exceptions in this setting is significantly reduced. [ABSTRACT FROM AUTHOR]

In this digital era, where digital information is available in various formats, Digital Right Management has emerged as a great technology used by content owners to safeguard their intellectual property digitally. Digital rights management restricts the use of copyrighted digital works from unauthorised access. Although Digital Right Management appears to protect writers' copyrights, it limits the copyright freedom of blind and visually impaired users who depend on accessibility features. The study aims to discuss and highlight the impact of Digital Right Management on the accessibility of libraries' electronic resources for BVI users. Furthermore, it discusses how complex Digital Rights Management violates the fair-use rights of BVI users by making it impossible for them to access electronic resources. This review article outlines the key research findings on Digital Right Management hindrances encountered by blind and visually impaired users in accessing electronic resources. The results root in the literature surveyed discloses that the majority of libraries throughout the world are falling behind in delivering efficient access to electronic resources for BVI users. Libraries have a variety of obstacles to the accessibility of electronic content, including Digital Right Management challenges, license constraints, website design limitations, accessibility issues, and compatibility issues with assistive software. To overcome some of these barriers, librarians should review the implications of Digital Right Management for accessibility. Moreover, librarians must be knowledgeable about the numerous forms of visual impairments, including these users in accessibility studies, and consider the assistive technology they use. The article will review the literature on the following topics: find out how accessible electronic resources in libraries are for blind or visually impaired users; identify existing accessibility challenges arising from Digital Right Management technologies that impede access to electronic resources by blind or visually impaired users, and identify the challenges that they are facing. [ABSTRACT FROM AUTHOR]

In China, The exploration of rules governing the fair use of personal information began with commercial innovation, progressed through judicial practice, and was eventually expressed in law, as it is a necessary requirement of the nature of information flow and social attributes. However, due to the legal constraints of the “personal attribute” of personal information, there is no consistent definition of the legal nature of fair use behavior of information, and case judgments also face difficulties in determining the reasonableness of information processing behavior. These issues involve the normative construction of fair use of personal information, which has been studied by Chinese scholars, but has not been deeply explored in specific contexts. This article starts with the legal theory transformation of information regulation in the data society, attempting to clarify the legal nature of fair use of personal information, summarize the factors for determining fair use, and explore the judicial application logic of reasonableness in specific contexts. Based on Chinese judicial practice and comparative law experience, fair use of personal information can be defined as another legitimate basis for information processing outside the “informed consent” principle. Unlike the nature of “exclusion of liability” and “restrictions on rights”, fair use under the concept of data sharing should be defined as a basic competence of personal information, which can be based on the maintenance of public interests and protection of individual rights, and does not exclude reasonable commercial use. Fair use of personal information should satisfy three elements: reasonable purpose, reasonable method, and no unreasonable harm to the information subject. Using commercial fair use, which is frequently disputed in practice, as an example, based on considerations of economic benefits and institutional evolution, the processing of personal information by commercial subjects is legitimate. However, due to the personal attribute of the information, the processing behavior in this context should be subject to the limits of low sensitivity of the information and strict disclosure management obligations of the merchants, and the reasonableness of the behavior should be determined based on the nature of the specific behavior, with the inherent nature of the information being secondary. This paper contributes to the existing literatures in two aspects: first, based on the demands of ordered sharing of personal information, it explores the legitimacy of fair use from the perspective of information processors, defines fair use of personal information as a “basic competence,” and better leverages the value of information property. Second, in addition to “reasonable purpose” and “reasonable method,” this article includes “no unreasonable harm to the information subject” as a factor in determining the reasonableness of processing behavior. At the same time, based on practice, it explains the legitimate basis and steps, elements for determining the reasonableness of commercial fair use in specific scenarios, and proposes security management obligations for commercial subjects. Our research starts from the perspective of information processors, to some extent, defining the boundary of information processing behavior, which helps commercial subjects conduct data business in an orderly manner and avoid this rule becoming a legal tool for information control subjects to avoid responsibility. It is also hoped that it can provide rules and logic for determining the behavior of “fair use” of personal information in judicial practice. [ABSTRACT FROM AUTHOR]

This article will look at the recent Hachette decision against the Internet Archive, analyzing how the court's reliance on past authorities with insufficient context distorted their meanings. It will focus only on the controlled digital lending (CDL) aspect, not discussing the other claims in the suit or exploring the specific implementation of CDL by the Internet Archive (IA). Since CDL programs can vary widely, IA is better situated than others to identify missing context related to the analysis of the unique components of their efforts. And other libraries engaging in CDL should be able to easily see where their programs differ from the judge's description of IA's. For that reason, the analysis below only delves into the language that might be used to chill all CDL programs or innovation more generally. [ABSTRACT FROM AUTHOR]

During (and after) the lockdowns of the Covid-19 pandemic, educational communities have employed distance education to reach their students. However, not all districts are aware of the legal requirements of using instructional materials in a virtual setting. In recognition of the growth of virtual learning environments, Congress passed the Technology, Education and Copyright Harmonization (TEACH) Act in 2002 with the goal of redefining the circumstances and rules under which nonprofit and educational institutions might digitally use copyright protected materials. For districts exploring or expanding opportunities in distance education, understanding the laws that pertain to the use of digital, copyrighted materials is of critical importance. This article explores and explains these requirements for policymakers, site and district leadership, and classroom instructors. [ABSTRACT FROM AUTHOR]

The American Association of School Librarians (AASL) has offered a multi-layered approach to serving our schools with the National School Library Standards for Learners, School Librarians, and School Libraries. This column explores Shared Foundation VI: Engage, and considers the importance of learner engagement. [ABSTRACT FROM AUTHOR]

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.

This article reviews selected copyright policy and legislation at the international, regional and national levels during the period 2011–2021. It identifies a common and consistent narrative that supported reform initiatives in the surveyed jurisdictions: the modernization of copyright requires greater flexibility so that the undertaking of certain acts without authorization is not unduly restricted and a fairer balance of rights and interests may be, as a result, achieved. Through the analysis of reform initiatives in different areas of copyright and across several different jurisdictions, it is shown how the flexibility narrative has on occasion had the effect of unduly altering the preventive nature of copyright's exclusive rights, inappropriately referring to exceptions and limitations as rights of users, overlooking relevant legal obligations and introducing undue rigidity within the system of private autonomy. It is ultimately submitted that flexibility should not be conflated with fairness. As such, policy- and law-makers should be wary of superficially framing ongoing and future reform discourse around such a narrative without considering the shortcomings that it has led and might unduly lead to. [ABSTRACT FROM AUTHOR]

Copyright of Romanian Journal of Intellectual Property Law / Revista Română de Dreptul Proprietăţii Intelectuale is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Taiwan Law Review is the property of Angle Publishing Co., Ltd and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The South African Copyright Amendment Bill of 2017 was passed in 2022. In justifying the weakening of copyright protections with regard to the educational arena, the Bill's proponents have largely applied rhetorical discourses published in the popular media, also aggressively propagated at their public meetings. In contrast, the publishing industry has generated many hundreds of pages of economic impact studies supported by detailed legal arguments with reference to global treaties. My analysis assesses the different positions taken by the pro-Bill lobby, ReCreate, in comparison to the Copyright Coalition that questions the importation of an American fair use doctrine. The potential implications of the Bill for South African authors and artists operating in the educational environment are described. Since the object of study has been a moving target, and still was at the time of submission of this article, the conclusions that arise out of the ongoing debates are tentative - but prescient for the current conjuncture. The analysis relies on cross-referencing stakeholder submissions, newspaper articles and statements made by all parties to the discussion. In addition, a number of rejoinders were invited, which are published below. The study reveals the stark contradictions within emerging state policy relating to the creative industries in an era when information has economic value. My conclusions are that: a) a significant portion of the state publishing incentive that currently finances research activities would be in the parallel context of open access rerouted to meet publication charges, were the Bill to be enacted in its current form; and b) the effects might witness: i) a swing away from the publication of homegrown textbooks in favour of copyright-protected expensive imports; with clear implications for the ii) de-colonisation of content; iii) a reluctance of international firms to collaborate with South African publishers; and iv) a significant contraction of the South African publishing industry. And c) while the Creative Industries Masterplan piloted by the Department of Small Business Development (DSBD) aims to protect intellectual property rights, the Bill will undermine such rights. [ABSTRACT FROM AUTHOR]

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.

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. [ABSTRACT FROM AUTHOR]

The paper examines the open access movement and its principles concerning creative outputs and related access opportunities, considering copyright protection. The international and ongoing integration of open access practise has brought about a reconsideration of foundational principles of copyright law. The paper's discussion considers the three-step test legal edifice, which is deeply rooted in international copyright law, and argues that its importance and application is of paramount importance regarding potential revisions of copyright law that would need to introduce open access provisions. [ABSTRACT FROM AUTHOR]

Patient-preferred music is often copyrighted music; prior research, however, has paid scant attention to music therapists' understanding and use of copyrighted music. To fill a gap in the literature, this exploratory study sought to understand music therapists' experiences and perceptions about permissible therapeutic uses of copyrighted music. Semi-structured interviews were conducted with 18 board-certified music therapists working in the United States. Collectively, these participants had over 300 years of professional experience. The interview transcripts were analyzed using an inductive approach to thematic analysis. Five main themes were identified: (1) copyright concerns created a complex psychological burden; (2) therapeutic needs warranted use of copyrighted music; (3) perceptions varied on permissible therapeutic practices using copyrighted music; (4) varied sources informed an understanding of copyright law; and (5) copyright clarity was needed to reduce the psychological burden. These themes suggest that psychological stress was produced by copyright uncertainty coupled with attempts by participants to satisfy diverse interests and protect multiple stakeholders, including patients, employers, their profession, and the law. Our findings suggest that a lack of clarity about permissible uses of copyrighted music can complicate music therapists' decision-making about appropriate therapeutic interventions. Clarity on permissible therapeutic uses of music could yield benefits for music therapists, patients, and the community. [ABSTRACT FROM AUTHOR]

Copyright of Latin American Law Review is the property of Universidad de los Andes and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article refers to various intertextual strategies in the field of electronic music and their legal categorization. The main part of the article is devoted to the problem of sampling, widely discussed in the literature and jurisprudence. Possible legal qualifications are discussed, as well as controversies related to the different scope of protection of works, artistic performances, and phonograms. The article also refers to other phenomena in the electronic field, including reedit, remix, or mash-up. In the summary, the general rules for making a legal assessment of musical borrowing strategies, interpretative guidelines in relation to a musical quotation, as well as de lege ferenda postulates are outlined. [ABSTRACT FROM AUTHOR]

Copyright of Zeszyty Prawnicze Biuro Analiz Sejmowej is the property of Kancelaria Sejmu and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The prevailing dynamics of today’s global scholarly publishing ecosystem were largely established by UK and US publishing interests in the years immediately after the Second World War. With a central role played by publisher Robert Maxwell, the two nations that emerged victorious from the war were able to dilute the power of German-language academic publishing—dominant before the war—and bring English-language scholarship, and in particular English-language journals, to the fore. Driven by intertwined nationalist, commercial, and technological ambitions, English-language academic journals and impact metrics gained preeminence through narratives grounded in ideas of “global” reach and values of “excellence”—while “local” scholarly publishing in sub-Saharan Africa, as in much of the developing world, was marginalised. These dynamics established in the post-war era still largely hold true today, and need to be dismantled in the interests of more equitable global scholarship and socio-economic development.

Content ID programs commonly use algorithms to block uploaded music when the algorithm concludes the owners of certain copyrighted works will claim their work is being used without consent. However, algorithmic enforcement programs can produce “false positives,” where legally allowable music associated with a reference file is inappropriately blocked. The phenomenon of false positives is especially problematic for songwriters, composers, experimental music artists and others who create music by combining their own vocal or instrumental performance with work created by others and “loops” from audio libraries. Balanced by such factors as how much a new work damages the market for a prior work and how much of a prior work is used in a new work, the “fair use” defense allows songwriters to upload technically infringing work if the new work amounts to a critique, is in the public domain, or sufficiently transforms the original work to render it new. This article explains how Content ID algorithms are developed and interpreted and discusses how the fair use defense can sometimes limit the extent to which Content ID programs can block innovative music creation. The article offers methods for defining and measuring algorithmic effectiveness that both account for the risk of false positives and protect the proprietary interests of copyright holders. It also proposes a new regulatory scheme that ensures these methods are implemented properly. The proposed regulatory scheme should lead to a more equitable system for music creators and original copyright holders and to more inventive and interesting music for fans.