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Full-Text Articles in Law

The Formation Of A National Legal System Against Cultural Piracy, O. Okyulov Apr 2020

The Formation Of A National Legal System Against Cultural Piracy, O. Okyulov

Review of law sciences

This article describes the peculiarity of piracy as a legal category, and as a system of offenses. Different views from scientific researches and literatures on combating piracy are analyzed. The article also elaborates and supports conceptual decisions on combating piracy in Uzbekistan. At present, it is clearly seen that cultural piracy has become widespread as an offense, while the public attitude in the form of censure is rather weakly expressed. It is noted that in order for Uzbekistan to enter the WTO and increase the international rating, in our country it is necessary to take drastic measures against cultural piracy. …


Visual Appropriation Art, Transformativeness, And Fungibility, Jasmine C. Abdel-Khalik Apr 2020

Visual Appropriation Art, Transformativeness, And Fungibility, Jasmine C. Abdel-Khalik

Faculty Works

As an intentionally flexible doctrine, fair use in copyright has a long history of ambiguity and criticism. While courts have developed various standards and considerations to give fair use some shape, key decisions have generally done so in the context of textual material. Likewise, the examples in Judge Leval’s seminal work on fair use involve textual material. His argument to assess the first fair use factor based on transformativeness has won the day. But in contrast to the textual examples, interpreting the meaning and transformation of visual works is rife with danger.

Recent appropriation art cases exemplify this danger and …