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Social and Behavioral Sciences Commons™
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Articles 1 - 17 of 17
Full-Text Articles in Social and Behavioral Sciences
Solinet Members Save 67% On Ccc Transactional Reporting Fees
Solinet Members Save 67% On Ccc Transactional Reporting Fees
The Southeastern Librarian
SOLINET member libraries using the Copyright Clearance Center’s (CCC) Transactional Reporting Service (TRS) for interlibrary loan, document delivery, and print reserves can now save money by participating in the Volume Purchase Program (VPP).
Digital Wars -- Legal Battles And Economic Bottlenecks In The Digital Information Industries, Curt A. Hessler
Digital Wars -- Legal Battles And Economic Bottlenecks In The Digital Information Industries, Curt A. Hessler
ExpressO
The Digital Age has spawned major legal battles over the fundamental principles of intellectual property law and antitrust law. These diverse struggles can best be analyzed using the basic norm of "value added" from neo-classical normative economics. This analysis suggests that current intellectual property doctirnes provide excessive protection and current antitrust doctrines remain awkward in dealing with the cross-market leveraging of monopoly power in the presence of "natural monopolies" created by network effects.
Digital Wars -- Legal Battles And Economic Bottlenecks In The Digital Information Industries, Curt A. Hessler
Digital Wars -- Legal Battles And Economic Bottlenecks In The Digital Information Industries, Curt A. Hessler
ExpressO
The Digital Revolution has created the apparent anomaly that information, though very cheap to create and near costless to share, is managed by industries that are increasingly concentrated and roiled by endless legal warfare. This paper surveys the major legal battles by subjecting all of them to the familiar norm of "maximizing economic value added", as defined by neo-classical "welfare economics". The various legal wars are traced to defects and confusions in current legal approaches to intellectual property (the "property wars") and to antitrust doctrines (the "monopoly wars").
Accessing The Spoken Word, Jerry Goldman, Steve Renals, Steven Bird, Franciska De Jong, Marcello Federico, Carl Fleischhauer, Mark Kornbluh, Lori Lamel, Douglas W. Oard, Claire Stewart, Richard Wright
Accessing The Spoken Word, Jerry Goldman, Steve Renals, Steven Bird, Franciska De Jong, Marcello Federico, Carl Fleischhauer, Mark Kornbluh, Lori Lamel, Douglas W. Oard, Claire Stewart, Richard Wright
UNL Libraries: Faculty Publications
Spoken-word audio collections cover many domains, including radio and television broadcasts, oral narratives, governmental proceedings, lectures, and telephone conversations. The collection, access, and preservation of such data is stimulated by political, economic, cultural, and educational needs. This paper outlines the major issues in the field, reviews the current state of technology, examines the rapidly changing policy issues relating to privacy and copyright, and presents issues relating to the collection and preservation of spoken audio content.
Keeping Score: The Struggle For Music Copyright, Michael W. Carroll
Keeping Score: The Struggle For Music Copyright, Michael W. Carroll
ExpressO
Inspired by the passionate contemporary debates about music copyright, this Article investigates how, when, and why music first came within copyright's domain. Although music publishers and recording companies are among the most aggressive advocates for strong copyright protection today, when copyright law was first invented in eighteenth-century England, music publishers resisted its extension to music. This Article sheds light on a series of early legal disputes concerning printed music that yield important insights into original understandings of copyright law and music's role in society. By focusing attention on this understudied episode, this Article demonstrates that the concept of copyright was …
“Can Con” On The Www, Keith Chapman, Lisa Rae Philpott
“Can Con” On The Www, Keith Chapman, Lisa Rae Philpott
Western Libraries Presentations
No abstract provided.
God In The Machine: A New Structural Analysis Of Copyright's Fair Use Doctrine, Matthew Sag
God In The Machine: A New Structural Analysis Of Copyright's Fair Use Doctrine, Matthew Sag
Faculty Articles
Recognition of the structural role of fair use has the potential to mitigate some of the uncertainty of current fair use jurisprudence. The statutory framework for fair use both mitigates and causes uncertainty. It mitigates uncertainty by providing a consistent framework of analysis the four statutory factors. However, when judges apply the statutory factors without articulating or justifying their own assumptions, they increase uncertainty. The statutory factors mean nothing without certain a priori assumptions as to the scope of the copyright owner's rights. A more stable and predictable fair use jurisprudence would begin to emerge if those assumptions were made …
Testing The Barriers To Digital Libraries: A Study Seeking Copyright Permission To Digitize Published Works, Carole A. George
Testing The Barriers To Digital Libraries: A Study Seeking Copyright Permission To Digitize Published Works, Carole A. George
Carole A. George
Purpose: The aim was to explore the issues related to acquiring copyright permission with the goal of determining effectiveness and efficiency using the least complex process. Methodology: A random sample of books was chosen, relevant information was recorded, request letters were sent and tracked, and results (permission received or denied) were analyzed with respect to publisher, publication data, time required, and issues related to the process. Findings: About 52 percent responded with a yes or no with 24 percent Yes responses. Nearly 25 percent never responded, addresses were not found for about 16 percent, approximately 7 percent were too complicated …
Resource Guide For Authors: Open Access, Copyright, And The Digital Commons., Charlotte Hess
Resource Guide For Authors: Open Access, Copyright, And The Digital Commons., Charlotte Hess
Libraries' and Librarians' Publications
"This article aims to introduce you to the important issues about copyright and open access; to convince you that providing open access to your research is a right and a responsibility; and to provide concrete information and instructions so that all of you can easily contribute and enrich the global information commons. This is a push for institutional change, commoners, because few of you see yourselves as archivists, publishers, or librarians. But you must begin to take an active role in freeing information. The information that the world needs and values is in your hands."
A Framework For Analyzing The Knowledge Commons : A Chapter From Understanding Knowledge As A Commons: From Theory To Practice., Charlotte Hess, Elinor Ostrom
A Framework For Analyzing The Knowledge Commons : A Chapter From Understanding Knowledge As A Commons: From Theory To Practice., Charlotte Hess, Elinor Ostrom
Libraries' and Librarians' Publications
Who hasn’t heard of the six blind men of Indostan encircled around an elephant?1 The six—one a political scientist, one a librarian, one an economist, one a law professor, one a computer scientist, and one an anthropologist—discover, based on their own investigations, that the object before them is a wall, spear, a snake, a tree, a fan, and a rope. The story fits well with the question that propelled this chapter: how can an interdisciplinary group of scholars best analyze a highly complex, rapidly evolving, elephantine resource such as knowledge? Trying to get one’s hands around knowledge as a shared …
Governmental Resistance In International Intellectual Property Rights, Emily Honig
Governmental Resistance In International Intellectual Property Rights, Emily Honig
Honors Theses
The field of intellectual property, roughly defined as "a product of the intellect that has commercial value," is one of the growing fields of international legal debate, as the economies of the world become increasingly interconnected and the world's corporations operate overseas with increasing frequency. The literature in the field of international law and intellectual property rights (IPRs) tends to suggest that states, for political or economic reasons, have little choice but to bow to the wishes of multinational corporations (MNCs) and provide increased protection for IPRs. However, there are a number of cases that show that under certain circumstances, …
Law As Design: Objects, Concepts, And Digital Things, Michael J. Madison
Law As Design: Objects, Concepts, And Digital Things, Michael J. Madison
Articles
This Article initiates an account of things in the law, including both conceptual things and material things. Human relationships matter to the design of law. Yet things matter too. To an increasing extent, and particularly via the advent of digital technology, those relationships are not only considered ex post by the law but are designed into things, ex ante, by their producers. This development has a number of important dimensions. Some are familiar, such as the reification of conceptual things as material things, so that computer software is treated as a good. Others are new, such as the characterization of …
Solving The Digital Piracy Puzzle: Disaggregating Fair Use From The Dmca's Anti-Device Provisions, Jacqueline D. Lipton
Solving The Digital Piracy Puzzle: Disaggregating Fair Use From The Dmca's Anti-Device Provisions, Jacqueline D. Lipton
Articles
Copyright law has always involved balancing creative pursuits against innovations in copying, distribution and, more recently, encryption technologies. A significant problem for copyright law is that many such technologies can be utilized for both socially useful and socially harmful purposes. It is difficult to regulate such technologies in a way that prevents social harms while at the same time facilitating social benefits. The most recent example of this dynamic is evident in the 2005 United States Supreme Court decision in MGM v Grokster - dealing with digital file-sharing technologies. This article draws from the file sharing debate in considering another …
Rewriting Fair Use And The Future Of Copyright Reform, Michael J. Madison
Rewriting Fair Use And The Future Of Copyright Reform, Michael J. Madison
Articles
This Essay describes a social practices approach to the production of creative expression, as a construct to guide reform of copyright law. Specifically, it reimagines copyright's fair use doctrine by basing its statutory text explicitly on social practices. It argues that the social practices approach is consistent with the historical development of the fair use doctrine and with the policy goals of copyright law, and that the approach should be recognized in the text of the statute as well as in judicial applications of fair use.
Rights, Registries And Remedies: An Analysis Of Responses To The Copyright Office Notice Of Inquiry Regarding Orphan Works, Denise Troll Covey
Rights, Registries And Remedies: An Analysis Of Responses To The Copyright Office Notice Of Inquiry Regarding Orphan Works, Denise Troll Covey
Denise Troll Covey
No abstract provided.
Copyright And The Universal Digital Library, Denise Troll Covey
Copyright And The Universal Digital Library, Denise Troll Covey
Denise Troll Covey
No abstract provided.
Acquiring Copyright Permission To Digitize And Provide Open Access To Books, Denise Troll Covey
Acquiring Copyright Permission To Digitize And Provide Open Access To Books, Denise Troll Covey
Denise Troll Covey
No abstract provided.