Social and Behavioral Sciences Commons^™

The Evolution Of Copyright Law In The Arts, Kevin Liftig

Honors Scholar Theses

As digital storage of intellectual goods such as literature and music has become widespread, the duplication and unlicensed distribution of these goods has become a frequent source of legal contention. When technology for production and replication of intellectual goods advanced, there were disputes concerning the rights to produce and duplicate these works. As new technologies have made copies of intellectual goods more accessible, legal institutions have largely moved to protect the rights of ownership of ideas through copyright laws. This paper will examine key changes in the technology that affect intellectual property, and the responses that legal institutions have made …

Tiered Originality And The Dualism Of Copyright Incentives, Shyamkrishna Balganesh

All Faculty Scholarship

Professor Balganesh responds to Gideon Parchomovsky & Alex Stein, Originality, 95 Va. L. Rev. 1505 (2009), arguing that their proposal can perhaps be accommodated under current copyright doctrine.

The Google Book Search Settlement And The View From The Public Interest World, Laura Quilter

Laura Quilter

No abstract provided.

The Copyright Debate: Finding The Right Balance For Teaching, Research, And Cultural Expression, Samuel E. Trosow

FIMS Presentations

No abstract provided.

Analog To Digital: Photography Copyright Then And Now, Kopana Terry

Library Presentations

No abstract provided.

One Size Does Not Fit All: A Framework For Tailoring Intellectual Property Rights, Michael W. Carroll

Articles in Law Reviews & Other Academic Journals

The United States and its trading partners have adopted cultural and innovation policies under which the government grants one-size-fits-all patents and copyrights to inventors and authors. On a global basis, the reasons for doing so vary, but in the United States granting intellectual property rights has been justified as the principal means of promoting innovation and cultural progress. Until recently, however, few have questioned the wisdom of using such blunt policy instruments to promote progress in a wide range of industries in which the economics of innovation varies considerably.

Provisionally accepting the assumptions of the traditional economic case for intellectual …

Three Cheers For The Google Books Project!, Robert P. Holley

School of Information Sciences Faculty Research Publications

No abstract provided.

That's My Content. That's My Creativity. That's My Curriculum! Do You Want Copyright And Cataloguing With That?, Pru Mitchell

Pru Mitchell

That's My Content. That's My Creativity. That's My Curriculum! Do You Want Copyright And Cataloguing With That?, Pru Mitchell

Pru Mitchell

Disseminating (And Taking Control Of) Your Scholarly Research, Paul Royster

Paul Royster

How authors can take advantage of open-access developments to increase the dissemination of their scholarly research and to restore a more balanced relationship between publishers and authors. Includes discussion of copyright, authors' rights, open-access journals, self-archiving, and the UNL institutional repository.

Zach's News, Georgia Southern University, Zach S. Henderson Library

University Libraries News Online (2008-2023)

• June 9 Faculty workshop on copyright and the new USG Copyright policy

Zach's News, Georgia Southern University, Zach S. Henderson Library

University Libraries News Online (2008-2023)

• New USG Copyright Policy
• Henderson Library featured in Library Design Showcase

Debunking Blackstonian Copyright, Shyamkrishna Balganesh

All Faculty Scholarship

This is a review of Neil Weinstock Netanel’s Copyright’s Paradox (2008).

Foreseeability And Copyright Incentives, Shyamkrishna Balganesh

All Faculty Scholarship

Copyright law’s principal justification today is the economic theory of creator incentives. Central to this theory is the recognition that while copyright’s exclusive rights framework provides creators with an economic incentive to create, it also entails large social costs, and that creators therefore need to be given just enough incentive to create in order to balance the system’s benefits against its costs. Yet, none of copyright’s current doctrines enable courts to circumscribe a creator’s entitlement by reference to limitations inherent in the very idea of incentives. While the common law too relies on providing actors with incentives to behave in …

The Ethics Of Open Access To Research, Denise Troll Covey

Denise Troll Covey

No abstract provided.

Originality, Gideon Parchomovsky, Alex Stein

All Faculty Scholarship

In this Essay we introduce a model of copyright law that calibrates authors’ rights and liabilities to the level of originality in their works. We advocate this model as a substitute for the extant regime that unjustly and inefficiently grants equal protection to all works satisfying the “modicum of creativity” standard. Under our model, highly original works will receive enhanced protection and their authors will also be sheltered from suits by owners of preexisting works. Conversely, authors of less original works will receive diminished protection and incur greater exposure to copyright liability. We operationalize this proposal by designing separate rules …

Preserving And Ensuring Long-Term Access To Digitally Born Legal Information, Sarah Rhodes, Dana Neacsu

Law Faculty Publications

Written laws, records and legal materials form the very foundation of a democratic society. Lawmakers, legal scholars and everyday citizens alike need, and are entitled, to access the current and historic materials that comprise, explain, define, critique and contextualize their laws and legal institutions. The preservation of legal information in all formats is imperative. Thus far, the twenty-first century has witnessed unprecedented mass-scale acceptance and adoption of digital culture, which has resulted in an explosion in digital information. However, digitally born materials, especially those that are published directly and independently to the Web, are presently at an extremely high risk …

“Publishers Did Not Take The Bait”: A Forgotten Precursor To The Nih Public Access Policy, Jonathan Miller

Faculty Publications

This article compares the recent National Institutes of Health (NIH) Public Access Policy (2005–07) with the United States Office of Education policy on copyright in funded research (1965–70).The two policies and the differing technological and political contexts of the periods are compared and contrasted. The author concludes that a more nuanced approach to copyright, the digital information environment, and the support of an energized user community auger well for the success of the NIH policy, but that it is still too soon to tell.

Open Records, Open Possibilities, John Mark Ockerbloom

John Mark Ockerbloom

Slides and prepared remarks for an ALA panel discussion on sharing bibliographic records and OCLC's proposed WorldCat policy.

I give some examples of useful innovations that can advance the mission of libraries when records are openly shared, and argue that more restrictive policies like OCLC's proposal can cost the library community dearly in lost opportunities. I show how the open source community has alternative ways to license work openly, and to cover costs. Finally, I argue that, even if WorldCat is not prepared to open access to all its bibliographic records, the members of the cooperative should be empowered to …

Disseminating (And Taking Control Of) Your Scholarly Research, Paul Royster

University of Nebraska-Lincoln Libraries: Conference Presentations and Speeches

How authors can take advantage of open-access developments to increase the dissemination of their scholarly research and to restore a more balanced relationship between publishers and authors. Includes discussion of copyright, authors' rights, open-access journals, self-archiving, and the UNL institutional repository.

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 …

The Electronic Fabric Of Resistance : A Constructive Network Of Online Users And Activists Challenging A Rigid Copyright Regime, Kwang-Suk Lee

Faculty of Arts - Papers (Archive)

The study examines the autonomous activities of South Korea’s Internet users to counter the new intellectual property (IP) regime, specifically, how Internet users and civil rights groups joined together early in 2005 to construct a widespread network of resistance against the 2004 Copyright Act, and how the two camps interacted with each other. During the first quarter of 2005, Internet users’ counter-activities to the copyright law were spontaneous and voluntarily interconnected to each other without any help from the civil rights movement. The users’ activities sprang spontaneously from anger that the government’s IP regime would deprive them of their rights …

Liability For Spatial Data Quality, Harlan J. Onsrud

Spatial Information Science and Engineering Faculty Scholarship

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 …

To (C) Or Not To (C)? Copyright And Innovation In The Digital Typeface Industry, Jacqueline D. Lipton

Articles

Intellectual property rights are often justified by utilitarian theory. However, recent scholarship suggests that creativity thrives in some industries in the absence of intellectual property protection. These industries might be called IP's negative spaces. One such industry that has received little scholarly attention is the typeface industry. This industry has recently digitized. Its adoption of digital processes has altered its market structure in ways that necessitate reconsideration of its IP negative status, with particular emphasis on copyright. This article considers the historical denial of copyright protection for typefaces in the United States, and examines arguments both for and against extending …

Of Coase And Comics, Or, The Comedy Of Copyright, Michael J. Madison

Articles

This Essay responds to There’s No Free Laugh (Anymore): The Emergence of Intellectual Property Norms and the Transformation of Stand-Up Comedy, by Dotan Oliar and Christopher Sprigman. It argues that case studies of disciplines and domains that may be governed by intellectual property regimes are invaluable tools for comparative analysis of the respective roles of law and other forms of social order. The Essay examines the case of stand-up comedy under a lens that is somewhat broader than the one used by the authors of the original study, one that takes into account not only the social norms of individual …

Notes On A Geography Of Knowledge, Michael J. Madison

Articles

Law and knowledge jointly occupy a metaphorical landscape. Understanding that landscape is essential to understanding the full complexity of knowledge law. This Article identifies some landmarks in that landscape, which it identifies as forms of legal practice: several recent cases involving intellectual property licenses, including the recent patent law decision in Quanta v. LG Electronics and the open source licensing decision in Jacobsen v. Katzer. The Article offers a preliminary framework for exploring the territories of knowledge practice in which those legal landmarks appear.

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 …

The Ethics Of Open Access To Research: A Call For Civil Disobedience And Moral Courage, Denise Troll Covey

Denise Troll Covey

This article explores the ideological context, official rhetoric, and rank-and-file behavior of authors and publishers in the movement to provide free online (open) access to scholarly journal articles. Analysis reveals transparency among authors and obfuscation among publishers. The core values and ethical principles of librarianship require librarians to stand with authors and to exercise and foster civil disobedience and moral courage in support of open access.

One Size Does Not Fit All: A Framework For Tailoring Intellectual Property Rights, Michael W. Carroll

Michael W. Carroll

The United States and its trading partners have adopted cultural and innovation policies under which the government grants one-size-fits-all patents and copyrights to inventors and authors. On a global basis, the reasons for doing so vary, but in the United States granting intellectual property rights has been justified as the principal means of promoting innovation and cultural progress. Until recently, however, few have questioned the wisdom of using such blunt policy instruments to promote progress in a wide range of industries in which the economics of innovation varies considerably.

Provisionally accepting the assumptions of the traditional economic case for intellectual …

Internet Scallywags: A Comparative Analysis Of Multiple Forms And Measurements Of Digital Piracy, Whitney Decamp

Whitney DeCamp