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What Is Feminist About Open Access?: A Relational Approach To Copyright In The Academy, Carys J. Craig, Joseph F. Turcotte, Rosemary J. Coombe
What Is Feminist About Open Access?: A Relational Approach To Copyright In The Academy, Carys J. Craig, Joseph F. Turcotte, Rosemary J. Coombe
Carys Craig
In a context of great technological and social change, existing intellectual property regimes such as copyright must contend with parallel forms of ownership and distribution. Proponents of open access question and undermine the paradigm of exclusivity central to traditional copyright law, thereby fundamentally challenging its ownership structures and the publishing practices these support. In this essay, we attempt to show what it is about the open access endeavour that resonates with a feminist theory of law and society - in other words, we consider what is “feminist” about open access. First, we provide an overview of a relational feminist critique …
Feminist Aesthetics And Copyright Law: Genius, Value, And Gendered Visions Of The Creative Self, Carys J. Craig
Feminist Aesthetics And Copyright Law: Genius, Value, And Gendered Visions Of The Creative Self, Carys J. Craig
Carys Craig
Copyright law is fundamentally concerned with the value of cultural works — both the recognition and the creation of this value. Yet it is seldom acknowledged that copyright law makes or requires any value judgment in the sense of an aesthetic evaluation of copyright’s subject matter. Indeed, it is often emphasized that copyright protects original works of authorship regardless of their quality or merit. That copyright protection demands the satisfaction of only the most minimal of qualitative standards does not, however, dispose of the larger claim that forms the basis of this chapter: our copyright system is dominated by a …
Copyright And The Tragedy Of The Common, Tracy Reilly
Copyright And The Tragedy Of The Common, Tracy Reilly
Tracy Reilly
In his 1968 article, The Tragedy of the Commons, biologist Garret Hardin first described his theory on the ecological unsustainability of collective human behavior, claiming that commonly held real property interests would not ultimately be supportable due to the competing individual interests of all who use the property. In the legal field, Hardin’s article is frequently cited to support various theories related to real property and environmental law issues such as ownership, redistribution of wealth, pollution, over population, and global warming. Most scholars claim that a tragedy of the commons does not exist in intellectual property-related goods due to the …
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 …
Creativity, Improvisation, And Risk: Copyright And Musical Innovation, Olufunmilayo B. Arewa
Creativity, Improvisation, And Risk: Copyright And Musical Innovation, Olufunmilayo B. Arewa
Olufunmilayo B. Arewa
The goals and beneficiaries of copyright frameworks have long been contested in varied contexts. Copyright is often treated as a policy tool that gives creators incentives to create new works. Incentive theories of copyright often emphasize appropriability, which enables copyright owners to ensure that they profit from their copyrighted works by exercising control over uses of, and access to, such works. Although copyright clearly imposes costs in the form of restrictions on access to copyright-protected works and inefficiencies in the form of deadweight loss, the benefits of copyright are thought by many to outweigh the costs. Copyright discussions may at …
Internet Killed The Copyright Law: Perfect 10 V. Google And The Devastating Impact On The Exclusiive Right To Display, Deborah B. Morse
Internet Killed The Copyright Law: Perfect 10 V. Google And The Devastating Impact On The Exclusiive Right To Display, Deborah B. Morse
Deborah Brightman Morse
Never has the dissonance between copyright and innovation been so extreme. The Internet provides enormous economic growth due to the strength of e-commerce, and affords an avenue for creativity and the wide dissemination of information. Nevertheless, the Internet has become a plague on copyright law. The advent of the digital medium has made the unlawful reproduction, distribution, and display of copyrighted works essentially effortless. The law has been unable to keep pace with the rapid advance of technology. For the past decade, Congress has been actively attempting to draft comprehensible legislation in an effort to afford copyright owners more protection …
Creative Commons As Conversational Copyright, Michael W. Carroll
Creative Commons As Conversational Copyright, Michael W. Carroll
Michael W. Carroll
Copyright law's default settings inhibit sharing and adaptation of creative works even though new digital technologies greatly enhance individuals' capacity to engage in creative conversation. Creative Commons licenses enable a form of conversational copyright through which creators share their works, primarily over the Internet, while asserting some limitation on user's right with respect to works in the licensed commons. More specifically, this chapter explains the problems in copyright law to which Creative Commons licenses respond, the methods chosen, and why the machine-readable and public aspects of the licenses are specific examples of a more general phenomenon in digital copyright law …
A Primer On U.S. Intellectual Property Rights Applicable To Music Information Retrieval Systems, Michael W. Carroll
A Primer On U.S. Intellectual Property Rights Applicable To Music Information Retrieval Systems, Michael W. Carroll
Michael W. Carroll
Digital technology has had a significant impact on the ways in which music information can be stored, transmitted, and used. Within the information sciences, music information retrieval has become an increasingly important and complex field. This brief article is addressed primarily to those involved in the design and implementation of systems for storing and retrieving digital files containing musical notation, recorded music, and relevant metadata – hereinafter referred to as a Music Information Retrieval System (“MIRS”). In particular, this group includes information specialists, software engineers, and the attorneys who advise them. Although peer-to-peer computer applications, such as Napster’s MusicShare or …