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Social and Behavioral Sciences Commons

Open Access. Powered by Scholars. Published by Universities.®

2007

Copyright

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Articles 1 - 15 of 15

Full-Text Articles in Social and Behavioral Sciences

The Questionable Use Of Custom In Intellectual Property, Jennifer E. Rothman Dec 2007

The Questionable Use Of Custom In Intellectual Property, Jennifer E. Rothman

All Faculty Scholarship

The treatment of customary practices has been widely debated in many areas of the law, but there has been virtually no discussion of how custom is and should be treated in the context of intellectual property (IP). Nevertheless, customs have a profound impact on both de facto and de jure IP law. The unarticulated incorporation of custom threatens to swallow up IP law, and replace it with industry-led IP regimes that give the public and other creators more limited rights to access and use intellectual property than were envisioned by the Constitution and Congress. This article presents a powerful critique …


Faculty Self-Archiving: The Gap Between Opportunity And Practice, Denise Troll Covey Oct 2007

Faculty Self-Archiving: The Gap Between Opportunity And Practice, Denise Troll Covey

Denise Troll Covey

No abstract provided.


The Complete Copyright Liability Handbook For Librarians And Educators. [Book Review]., Robert P. Holley Jul 2007

The Complete Copyright Liability Handbook For Librarians And Educators. [Book Review]., Robert P. Holley

School of Information Sciences Faculty Research Publications

No abstract provided.


Becoming An Orphan: What? How? Says Who?, Denise Troll Covey May 2007

Becoming An Orphan: What? How? Says Who?, Denise Troll Covey

Denise Troll Covey

No abstract provided.


Open And Restricted Access: Preserving Community, Denise Troll Covey Apr 2007

Open And Restricted Access: Preserving Community, Denise Troll Covey

Denise Troll Covey

No abstract provided.


Fixing Fair Use, Michael W. Carroll Apr 2007

Fixing Fair Use, Michael W. Carroll

Articles in Law Reviews & Other Academic Journals

The fair use doctrine in copyright law balances expressive freedoms by permitting one to use another's copyrighted expression under certain circumstances. The doctrine's extreme context-sensitivity renders it of little value to those who require reasonable ex ante certainty about the legality of a proposed use. In this Article, Professor Carroll advances a legislative proposal to create a Fair Use Board in the U.S. Copyright Office that would have power to declare a proposed use of another's copyrighted work to be a fair use. Like a private letter ruling from the IRS or a “no action” letter from the SEC, a …


Fixing Fair Use, Michael W. Carroll Mar 2007

Fixing Fair Use, Michael W. Carroll

Michael W. Carroll

The fair use doctrine in copyright law balances expressive freedoms by permitting one to use another's copyrighted expression under certain circumstances. The doctrine's extreme context-sensitivity renders it of little value to those who require reasonable ex ante certainty about the legality of a proposed use. In this Article, Professor Carroll advances a legislative proposal to create a Fair Use Board in the U.S. Copyright Office that would have power to declare a proposed use of another's copyrighted work to be a fair use. Like a private letter ruling from the IRS or a “no action” letter from the SEC, a …


Response To The Library Of Congress Request For Comment On Specific Issues In Section 108., Denise Troll Covey Feb 2007

Response To The Library Of Congress Request For Comment On Specific Issues In Section 108., Denise Troll Covey

Denise Troll Covey

No abstract provided.


The Social Construction Of Authorship: An Investigation Of Subjectivity And Rhetorical Authority In The College Writing Classroom, Johannah Rodgers Feb 2007

The Social Construction Of Authorship: An Investigation Of Subjectivity And Rhetorical Authority In The College Writing Classroom, Johannah Rodgers

Dissertations, Theses, and Capstone Projects

Although we use the term author on a daily basis to refer to certain individuals, bodies of work, and systems of ideas, as Michel Foucault and other critics have pointed out, attempting to answer the question “What is an Author?” is by no means a simple proposition. And, starting from the position that there is no single, or definitive answer to this complex question, this dissertation seeks to contribute to the ongoing discussion of the genealogy of authorship by investigating the ways in which conceptions of the author have informed models of the writing subject in the field of rhetoric …


U.S. Copyright Office, San Antonio Public Library Jan 2007

U.S. Copyright Office, San Antonio Public Library

Inventions/Intellectual Property

Bibliography and photographs of a display of government documents from San Antonio Public Library, Texas.


The Law Of Libraries And Archives: Chapter 1: Libraries And The U.S. Legal System, Bryan M. Carson Jan 2007

The Law Of Libraries And Archives: Chapter 1: Libraries And The U.S. Legal System, Bryan M. Carson

DLPS Faculty Publications

The law should be accessible to every professional, which is the philosophy behind The Law of Libraries and Archives. In this invaluable book, legal concepts are explained in plain English so that librarians and archivists will be able to understand the principles that affect them on a daily basis. This book provides its readers with answers and raises issues for them to think about. In addition to providing a basic overview of the law, this work contains enough details to allow readers to make informed choices and to converse intelligently with legal counsel.
Some of the issues included in …


Constructing Indigenousness In The Late Modern World, Robert Cribb, Li Narangoa Jan 2007

Constructing Indigenousness In The Late Modern World, Robert Cribb, Li Narangoa

Robert Cribb

Examines changing meanings of the term 'indigenous" in relation to other ideas that have been valued in various (mainly Western) philosophical system, such as priority, attachment to the land, and technical knowledge.


Fair Use Harbors, Gideon Parchomovsky, Kevin A. Goldman Jan 2007

Fair Use Harbors, Gideon Parchomovsky, Kevin A. Goldman

All Faculty Scholarship

The doctrine of fair use was originally intended to facilitate those socially optimal uses of copyrighted material that would otherwise constitute infringement. Yet the application of the law has become so unpredictable that would-be fair-users can rarely rely on the doctrine with any significant level of confidence. Moreover, the doctrine provides no defense for those seeking to make fair uses of material protected by anti-circumvention measures. As a result, artists working in media both new and old are unable to derive from copyrighted works the full value to which the public is entitled. In this Essay, we propose a solution …


Faculty Rights And Scholarly Communication Practices, Denise Troll Covey Dec 2006

Faculty Rights And Scholarly Communication Practices, Denise Troll Covey

Denise Troll Covey

No abstract provided.


Application To Participate In The Library Of Congress Section 108 Roundtable., Denise Troll Covey Dec 2006

Application To Participate In The Library Of Congress Section 108 Roundtable., Denise Troll Covey

Denise Troll Covey

No abstract provided.