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- Laura Quilter (8)
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Articles 1 - 30 of 38
Full-Text Articles in Law
Crossing The Line?: Copyright For Libraries, Frederick W. Dingledy
Crossing The Line?: Copyright For Libraries, Frederick W. Dingledy
Frederick W. Dingledy
No abstract provided.
From Bards To Search Engines: Finding What Readers Want From Ancient Times To The World Wide Web, Stephen Maurer
From Bards To Search Engines: Finding What Readers Want From Ancient Times To The World Wide Web, Stephen Maurer
Stephen M. Maurer
Copyright theorists often ask how incentives can be designed to create better books, movies, and art. But this is not the whole story. As the Roman satirist Martial pointed out two thousand years ago, markets routinely ignore good and even excellent works. The insight reminds us that incentives to find content are just as necessary as incentives to make it. Recent social science research explains why markets fail and how timely interventions can save deserving titles from oblivion. This article reviews society’s long struggle to fix the vagaries of search since the invention of literature. We build on this history …
Users' Patronage: The Return Of The Gift In The "Crowd Society", Giancarlo F. Frosio
Users' Patronage: The Return Of The Gift In The "Crowd Society", Giancarlo F. Frosio
Giancarlo Francesco Frosio
In this work, I discuss the tension between gift and market economy throughout the history of creativity. For millennia, the production of creative artifacts has lain at the intersection between gift and market economy. From the time of Pindar and Simonides – and until the Romanticism will commence a process leading to the complete commodification of creative artifacts – market exchange models run parallel to gift exchange. From Roman amicitia to the medieval and Renaissance belief that “scientia donum dei est, unde vendi non potest,” creativity has been repeatedly construed as a gift. Again, at the time of the British …
Copyright: Parliament, The Copyright Board And The Courts..., Margaret Ann Wilkinson
Copyright: Parliament, The Copyright Board And The Courts..., Margaret Ann Wilkinson
Margaret Ann Wilkinson
No abstract provided.
Reconstructing The Author-Self: Some Feminist Lessons For Copyright Law, Carys J. Craig
Reconstructing The Author-Self: Some Feminist Lessons For Copyright Law, Carys J. Craig
Carys Craig
Copyright law currently forces all intellectual production into a doctrinal model shaped by individualistic assumptions about the authorial ideal. To the extent that the truly original author-owner is conceptualized as an individual (and not a function or fiction), he depends upon Enlightenment ideals of individuation, detachment, and unity. A competing view of the author sees her as necessarily engaged in a process of adaptation, translation and recombination. This version of authorship coheres with a view of the individual as socially constituted: her expression is the result of the complex variety of texts and discourses that she encounters (and by which …
The Migration Of The Book Across Territorial Borders: Copyright Implications For Authors In The Digital Economy, Francina Cantatore
The Migration Of The Book Across Territorial Borders: Copyright Implications For Authors In The Digital Economy, Francina Cantatore
Francina Cantatore
Although the USA, Canada, UK, and Australia currently retain territorial copyright laws, with commensurate restrictions on parallel, importation of books, advances in digital technology, and the advent of e-books have caused an involuntary migration of the book across these defined borders. This changing publishing sphere has impacted authors’ copyright protection, with authors struggling to come to grips with breaches of copyright outside the protection of their own borders. Additionally, the extra-territorial publication of books are often in breach of authors’ copyright but difficult to address locally. This article deals with the copyright issues faced by authors once their books enter …
Authors Alliance: A Force To Promote Authorship For Public Good, Michael Wolfe, Adrian K. Ho
Authors Alliance: A Force To Promote Authorship For Public Good, Michael Wolfe, Adrian K. Ho
Adrian K. Ho
No abstract.
Access And Exclusion Rights In Electronic Media:Complex Rules For A Complex World, Daniel A. Farber
Access And Exclusion Rights In Electronic Media:Complex Rules For A Complex World, Daniel A. Farber
Daniel A Farber
No abstract provided.
Copyright Futures In The Digital Humanities, Laura Quilter
Copyright Futures In The Digital Humanities, Laura Quilter
Laura Quilter
Digital humanities work raises questions around digitization, search, and non-consumptive uses of texts, as well as distribution and access. But traditional humanities work is also confronting copyright questions, simply in terms of publishing, using, and accessing humanities research. This discussion, facilitated by Laura Quilter, UMass Copyright and Information Policy Librarian, will address the issues raised in copyright litigation, particularly the Authors Guild v. HathiTrust case and the "digital humanities" amicus brief, and consider the possible Open Access future presented by the Open Library of Humanities and other initiatives.
Game Over For First Sale, Stephen J. Mcintyre
Game Over For First Sale, Stephen J. Mcintyre
Stephen J McIntyre
Video game companies have long considered secondhand game retailers a threat to their bottom lines. With the next generation of gaming consoles on the horizon, some companies are experimenting with technological tools to discourage and even prevent gamers from buying and selling used games. Most significantly, a recent patent application describes a system for suppressing secondhand sales by permanently identifying game discs with a single video game console. This technology flies in the face of copyright law’s “first sale” doctrine, which gives lawful purchasers the right to sell, lease, and lend DVDs, CDs, and other media. This Article answers a …
Copyright And Fair Use In Higher Education, Laura Quilter
Copyright And Fair Use In Higher Education, Laura Quilter
Laura Quilter
No abstract provided.
Handicapping Kirtsaeng, Laura Quilter
Copyright And Fair Use In Higher Education, Laura Quilter
Copyright And Fair Use In Higher Education, Laura Quilter
Laura Quilter
No abstract provided.
Tattoos & Ip Norms, Aaron K. Perzanowski
Tattoos & Ip Norms, Aaron K. Perzanowski
Aaron K. Perzanowski
The U.S. tattoo industry generates billions of dollars in annual revenue. Like the music, film, and publishing industries, it derives value from the creation of new, original works of authorship. But unlike rights holders in those more traditional creative industries, tattoo artists rarely assert formal legal rights in disputes over copying or ownership of the works they create. Instead, tattooing is governed by a set of nuanced, overlapping, and occasionally contradictory social norms enforced through informal sanctions. And in contrast to other creative communities that rely on social norms because of the unavailability of formal intellectual property protection, the tattoo …
Copyright Developments In 2012 (Version 1.1), Laura Quilter
Copyright Developments In 2012 (Version 1.1), Laura Quilter
Laura Quilter
No abstract provided.
Copyright And Fair Use : An Introduction For Faculty, Laura Quilter
Copyright And Fair Use : An Introduction For Faculty, Laura Quilter
Laura Quilter
In this overview of copyright issues for faculty and researchers, we will discuss how copyright affects you: how to protect and get credit for your work, share what you want to share, and use others' work. Special attention will be given to both questions and problems with using other people's work -- relying on fair use, and asking for permission if it's not a fair use -- and the best ways to manage your own copyrights and licenses. Plenty of time for discussion and questions!
Tolerance Is Law: Remixing Homage Parodying Plagiarism, Mathias Klang, Jan Nolin
Tolerance Is Law: Remixing Homage Parodying Plagiarism, Mathias Klang, Jan Nolin
Mathias Klang
Three centuries have passed since copyright law was developed to stimulate creativity and promote learning. The fundamental principles still apply, despite radical developments in the technology of production and distribution of cultural material. In particular the last decades’ developments and adoption of ICTs have drastically lowered barriers, which previously prevented entry into the production and distribution side of the cultural marketplace, and led to a widening of the base at which cultural production occurs and is disseminated. Additionally, digitalisation has made it economically and technically feasible for users to appropriate and manipulate earlier works as method of production. The renegotiation …
Minecraft As Web 2.0: Amateur Creativity In Digital Games, Greg Lastowka
Minecraft As Web 2.0: Amateur Creativity In Digital Games, Greg Lastowka
Greg Lastowka
This book chapter considers how the digital game Minecraft has both enabled and benefited from various Web 2.0 practices. I begin with an explanation of the concept of Web 2.0 and then consider how that concept applies to the space of digital games.
Bugs For Sale: Legal And Ethical Proprieties Of The Market In Software Vulnerabilities, Taiwo Oriola
Bugs For Sale: Legal And Ethical Proprieties Of The Market In Software Vulnerabilities, Taiwo Oriola
Taiwo Oriola
Software vulnerabilities are inherent errors or mistakes in software programming and designs, and arguably the weakest link in digital information architecture with high propensity for rendering information systems infrastructure susceptible to compromise and hacking. Given the increasing reliance of the global economy on digital platforms with concomitant imperatives for securing sensitive intelligence, business and personal data, the need for continual corrective patch of perennially recurring critical software bugs is at once urgent and sacrosanct. This has precipitated research and a thriving market in software vulnerabilities, an integral element of the burgeoning multi-million dollars information security industry that epitomizes the externalization …
Defining Criminal Liability For Primary Acts Of Copyright Infringement: The Singapore Experience, Cheng Lim Saw, Susanna Leong
Defining Criminal Liability For Primary Acts Of Copyright Infringement: The Singapore Experience, Cheng Lim Saw, Susanna Leong
Cheng L Saw
No abstract provided.
The Creativity Effect (With C. Sprigman), Christopher J. Buccafusco
The Creativity Effect (With C. Sprigman), Christopher J. Buccafusco
Christopher J. Buccafusco
No abstract provided.
The Evolution Of The Us Drm Debate, 1987-2006, Bill D. Herman
The Evolution Of The Us Drm Debate, 1987-2006, Bill D. Herman
Bill D. Herman
Scholars who discuss copyright often observe that the voices for stronger copyright have more financial and political capital than their opponents and thus tend to win in Congress. While the playing field is still quite slanted toward stronger copyright, the politics around the issue are much messier and less predictable. This study, a detailed political and legislative history of the major proposals regarding copyright and digital rights management from 1987 to 2006, illustrates how this policy dynamic has changed so drastically. In 1987, there was no organized opposition to copyright’s expansion. By 2006, however, there was a substantial coalition of …
Towards A Pedagogy Of Fair Use For Multimedia Composition, Renee Hobbs, Katie E. Donnelly
Towards A Pedagogy Of Fair Use For Multimedia Composition, Renee Hobbs, Katie E. Donnelly
Renee Hobbs
No abstract provided.
Everything Is Connected, Kembrew Mcleod
Everything Is Connected, Kembrew Mcleod
Kembrew McLeod
The article discusses U.S. copyright law and the copyright clearance system, focusing on the author's documentary film "Copyright Criminals," which aired on Public Broadcasting System (PBS). It explores sampling and collage in audiovisual media, commenting on use of the practice by hip-hop group Public Enemy. Other topics include the Washington, D.C. Center for Social Media, intellectual property, and fair use. The author also examines his book "Freedom of Expression®: Resistance and Repression in the Age of Intellectual Property" and a prank in which he successfully copyrighted the phrase "Freedom of Expression"
Decentralizing Culture: The Effect Of Digital Networks On Copyright And Music Distribution, Benjamin Gibert
Decentralizing Culture: The Effect Of Digital Networks On Copyright And Music Distribution, Benjamin Gibert
Benjamin Gibert
The advance of technology profoundly impacts how people interact with culture as the proliferation of digital networks transforms the effects of copyright in modern societies. This paper argues that the oligopolistic conditions of content markets and the legal discourse of intellectual property law have historically enabled copyright holders to promote a limited conception of art and obscure the complexities of copyright theory. While conceptual ambiguity is inevitable in the construction of aesthetic legal categories, current practices impose too many restrictions. The practical choices made concerning copyright in cyberspace will determine the evolution of culture in increasingly networked societies. The music …
Barricading The Digital Frontier: Copyright, Technology And The War On Music Piracy, Benjamin Gibert
Barricading The Digital Frontier: Copyright, Technology And The War On Music Piracy, Benjamin Gibert
Benjamin Gibert
The Internet is changing the way vast numbers of people experience culture today. Providing tools to interact with, manipulate and freely redistribute content, technology is dissolving conventional divisions between creators and consumers of cultural artefacts. As new technological and legislative mechanisms are deployed to stop digital piracy, there is a need to reflect on the meaning of copyright, piracy and culture in the context of digital technologies. This paper discusses the relationship between copyright and cultural participation. It refers to the music industry in order to depict the changing patterns of consumption behavior precipitated by the rise of digital networks …
Collaborative Copyright--Or Copyright Is Not Just A Library Issue, Jennifer Duncan, Susanne Clement, Betty Rozum
Collaborative Copyright--Or Copyright Is Not Just A Library Issue, Jennifer Duncan, Susanne Clement, Betty Rozum
Jennifer Duncan
Copyright law does not change often; the technology that allows us to use copyrighted works changes all the time. Faculty often assume fair use covers all use of copyrighted material in their classes (both face to face and online) and they become confused and frustrated when they learn of limitations in the electronic environment. Students rarely think about copyright; they are generally unaware of how their actions might infringe the rights of copyright holders or that they themselves might hold these rights in their own works. Librarians have traditionally had some copyright knowledge – after all copyright notices have been …
The Google Book Search Settlement And The View From The Public Interest World, Laura Quilter
The Google Book Search Settlement And The View From The Public Interest World, Laura Quilter
Laura Quilter
No abstract provided.
Looking For Fair Use In The Dmca's Safety Dance, Ira Nathenson
Looking For Fair Use In The Dmca's Safety Dance, Ira Nathenson
Ira Steven Nathenson
Like a ballet, the notice-and-take-down provisions of the Digital Millennium Copyright Act ("DMCA") provide complex procedures to obtain take-downs of online infringement. Copyright owners send notices of infringement to service providers, who in turn remove claimed infringement in exchange for a statutory safe harbor from copyright liability. But like a dance meant for two, the DMCA is less effective in protecting the "third wheel," the users of internet services. Even Senator John McCain - who in 1998 voted for the DMCA - wrote in exasperation to YouTube after some of his presidential campaign videos were removed due to take-downs. McCain …
Liability For Spatial Data Quality, Harlan Onsrud
Liability For Spatial Data Quality, Harlan Onsrud
Harlan J Onsrud
Liability in data, products, and services related to geographic information systems, spatial data infrastructure, location based services and web mapping services, is complicated by the complexities and uncertainties in liability for information system products and services generally, as well as by legal theory uncertainties surrounding liability for maps. Each application of geospatial technologies to a specific use may require integration of different types of data from multiple sources, assessment of attributes, adherence to accuracy and fitness-for-use requirements, and selection from among different analytical processing methods. All of these actions may be fraught with possible misjudgments and errors. A variety of …