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Selected Works

Selected Works

Copyright law

Articles 1 - 7 of 7

Full-Text Articles in Social and Behavioral Sciences

Copyright And A Synergistic Society, Tracy Reilly Jun 2017

Copyright And A Synergistic Society, Tracy Reilly

Tracy Reilly

Copyright and a Synergistic Society, is the second in a series of articles in which I analyze a disturbing moral and psychological trend that has arisen in contemporary copyright scholarship—the tendency to criticize and demoralize the individual author of creative works and glorify collectivist works of art, or those which are perceived to be created by groups of often unidentified and unrelated persons. This “groupthink” mentality, which has become a buzz word in copyright scholarship and is aided by the unrestrained digital proliferation of intellectual products, is a dangerous return to pre-industrialist principles of collectivism which threaten to harm the …

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Copyright And The Tragedy Of The Commons, Tracy Reilly Dec 2013

Copyright And The Tragedy Of The Commons, Tracy Reilly

Tracy Reilly

Copyright and the Tragedy of the Common is the first of a series of articles in which I analyze a disturbing moral and philosophical trend that has arisen in contemporary copyright scholarship—the tendency to criticize and demoralize the individual author of creative works and glorify collectivist or “common” works of art, or those which are perceived to be created by groups of often unidentified and unrelated persons.  This “groupthink” mentality, which has become a buzz word in copyright scholarship and is aided by the unrestrained digital proliferation of intellectual products, is a dangerous return to pre-industrialist principles of collectivism which …

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Response To Library Of Congress Noi On Orphan Works And Mass Digitization, Denise Troll Covey Aug 2013

Response To Library Of Congress Noi On Orphan Works And Mass Digitization, Denise Troll Covey

Denise Troll Covey

No abstract provided.

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Response To U.S. Copyright Office Noi On Orphan Works And Mass Digitization, Denise Troll Covey Dec 2012

Response To U.S. Copyright Office Noi On Orphan Works And Mass Digitization, Denise Troll Covey

Denise Troll Covey

No abstract provided.

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Restoring The Natural Law: Copyright As Labor And Possession, Alfred C. Yen Oct 2011

Restoring The Natural Law: Copyright As Labor And Possession, Alfred C. Yen

Alfred C. Yen

In this Article, Professor Yen explores the problems associated with viewing copyright solely as a tool for achieving economic efficiency and advocates for the restoration of natural law to copyright jurisprudence. The Article demonstrates that economics has not been solely responsible for copyright’s development and basic structure, but has rather developed along lines suggested by neutral law, despite modern copyright jurisprudence. The Article considers the consequences of extinguishing copyright’s natural law facets in favor of the blind pursuit of efficiency and concludes by exploring the implications of restoring natural law thinking to copyright jurisprudence.

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Creating A Legal Framework For Copyright Management Of Open Access Within The Australian Academic And Research Sector, Brian Fitzgerald, Anne Fitzgerald, Mark Perry, Scott Kiel-Chisholm, Erin Driscoll, Dilan Thampapillai, Jessica Coates Oct 2009

Creating A Legal Framework For Copyright Management Of Open Access Within The Australian Academic And Research Sector, Brian Fitzgerald, Anne Fitzgerald, Mark Perry, Scott Kiel-Chisholm, Erin Driscoll, Dilan Thampapillai, Jessica Coates

Mark Perry

This Report analyses the copyright law framework needed to ensure open access to outputs of the Australian academic and research sector such as datasets, articles and theses. It is written in the context of an increasing recognition, in Australia and internationally, that access to knowledge is a key driver of social, cultural and economic development and that publicly funded research should be openly accessible. With the objective of enabling access to knowledge, this Report proposes the development of clear protocols for copyright management (designed as practical and effective tools) for implementation in the Australian academic and research sector The Report …

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Technology & Uncertainty: The Shaping Effect On Copyright Law, Ben Depoorter Dec 2008

Technology & Uncertainty: The Shaping Effect On Copyright Law, Ben Depoorter

Ben Depoorter

This Article examines the symbiotic relationship between copyright law and technology. I describe how an environment characterized by rapid technological change creates two conditions that determine the direction and evolution of copyright law: legal delay and legal uncertainty. I explain how uncertainty over the application of existing copyright law to newly emerging technology catalyzes the actions of copyright owners and users. I argue that uncertainty and delay (1) have an enabling effect on anticopyright sentiments, (2) lead to a greater reliance on self-help efforts by content providers and users, and (3) induce legislative involvement in copyright law. In the final …

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