Social and Behavioral Sciences Commons^™

Intellectual Property, Copyright, And Piracy: A Cultural View, Steven W. Staninger

Copley Library: Faculty Scholarship

Religion plays a major role in determining culture, and has an important effect on how laws are both written and enforced. The concept of intellectual property varies in different cultural traditions, and the dominant religion of a culture plays a major role in the how copyright is viewed and if it is respected or enforced. This paper briefly evaluates the cultures of three major religious and intellectual traditions to determine what, if any, effect their beliefs and values have on the respect for and enforcement of laws defending intellectual property and copyright.

From Seven Years To 360 Degrees: Primitive Accumulation, The Social Common, And The Contractual Lockdown Of Recording Artists At The Threshold Of Digitalization, Matt Stahl

FIMS Publications

This article examines the apparent paradox of the persistence of long-term employment contracts for cultural industry ‘talent’ in the context of broader trends toward short-term, flexible employment. While aspirants are numberless, bankable talent is in short supply. Long-term talent contracts appear to embody a durable axiom in employment: labor shortage favors employees. The article approaches this axiom through the lens of recent reconsiderations of the concept of primitive accumulation. In the case of employment, this concept highlights employers’ impetus to transcend legal and customary barriers to and limits on their capacity to capture and compel creative labor, and to appropriate …

Pirates And Librarians: Big Media, Technology And The Role Of Liberal Education, D. Aram Donabedian, John Carey

Publications and Research

The widespread appearance of computers in libraries during the early 1990s elicited a debate among those who welcomed new technologies and those who perceived such changes as a threat to the traditional role of academic libraries and the values of liberal education. At the same time, increasing consolidation of major media channels—including sources of scholarly communication—has allowed a small number of corporations to control distribution and access to the materials libraries offer, through tools such as licensing fees, copyright restrictions, and digital rights management. In response to these barriers, librarians and educators have embraced open access publishing and Creative Commons …

Rhode Island Current Conditions Index — September 2011, Leonard Lardaro

The Rhode Island Current Conditions Index

No abstract provided.

Asking For Permission: A Survey Of Copyright Workflows For Institutional Repositories, Ann Hanlon, Marisa Ramirez

Library Faculty Research and Publications

An online survey of institutional repository (IR) managers identified copyright clearance trends in staffing and workflows. The majority of respondents followed a mediated deposit model, and reported that library personnel, instead of authors, engaged in copyright clearance activities for IRs. The most common “information gaps” pertained to the breadth of information in copyright directories like SHERPA/RoMEO. To fill these gaps, most respondents directly contacted publishers for permissions. Respondents typically did not share publisher responses with other IRs citing barriers such as time, expertise, staffing and the need for improved methods for sharing data with copyright directories.

Copyright Ownership Of Online News: Cultivating A Transformation Ethos In America's Emerging Statutory Attribution Right, Edward L. Carter

Faculty Publications

Several federal district courts in 2009 and 2010 interpreted a relatively obscure provision of the Digital Millennium Copyright Act to grant a potentially broad right of attribution to owners of copyright in creative works. The statutory provision prohibits removal or alteration of copyright management information. The law gives reason for both hope and fear for news organizations. On one hand, an attribution requirement is seen by some in the news industry as relief from negative effects of technology, including online news aggregators. On the other hand, news organizations already have been sued under the copyright management provision for their conduct …

Mobilizing User-Generated Content For Canada’S Digital Content Advantage, Michael Mcnally, Caroline Whippey, Lola Wong

FIMS Presentations

No abstract provided.

The Creativity Effect (With C. Sprigman), Christopher J. Buccafusco

All Faculty Scholarship

No abstract provided.

Copyright Overview For Faculty Educational Fair Use & Best Practices, Monica Brooks, Dena Laton

Librarian Research

No abstract provided.

Bundles, Big Deals, And The Copyright Wars: What Can Academic Libraries Learn From The Record Industry Crash?, Edward P. Keane

Publications and Research

This article reviews the contention that U.S. laws favor copyright owners over consumers, and pre-existing models over innovation. The relationship of commercial publishers to the Open Access movement is compared to that of the creators/users of file sharers and the Record Industry. The library literature bears out the contention that journal publishers have exhibited some of the behaviors that contributed to the decline of the major record labels. Librarians who support free scholarship will find the music industry plight instructive; just as iTunes fulfilled consumer demand, Open Access and other alternatives will transform publishing.

Paper Tigers: Rethinking The Relationship Between Copyright And Scholarly Publishing, Alissa Centivany

FIMS Publications

Discontent is growing in academia over the practices of the proprietary scholarly publishing industry. Scholars and universities criticize the expensive subscription fees, restrictive access policies, and copyright assignment requirements of many journals. These practices seem fundamentally unfair given that the industries’ two main inputs - articles and peer-review - are provided to it free of charge. Furthermore, while many publishers continue to enjoy substantial profit margins, many elite university libraries have been forced to triage their collections, choosing between purchasing monographs or subscribing to journals, or in some cases, doing away with “non-essential” materials altogether. The situation is even more …

Building A Collaborative Digital Collection: A Necessary Evolution In Libraries, Michelle M. Wu

Georgetown Law Faculty Publications and Other Works

Law libraries are losing ground in the effort to preserve information in the digital age. In part, this is due declining budgets, user needs, and a caution born from the great responsibility libraries feel to ensure future access instead of selecting a form that may not survive. That caution, though, has caused others, such as Google, to fill the silence with their vision. Libraries must stand and contribute actively to the creation of digital collections if we expect a voice in future discussion. This article presents a vision of the start of a collaborative, digital academic law library, one that …

Knowledge Curation, Michael J. Madison

Articles

This Article addresses conservation, preservation, and stewardship of knowledge, and laws and institutions in the cultural environment that support those things. Legal and policy questions concerning creativity and innovation usually focus on producing new knowledge and offering access to it. Equivalent attention rarely is paid to questions of old knowledge. To what extent should the law, and particularly intellectual property law, focus on the durability of information and knowledge? To what extent does the law do so already, and to what effect? This article begins to explore those questions. Along the way, the article takes up distinctions among different types …

Introduction To Creation Without Restraint: Promoting Liberty And Rivalry In Innovation, Christina Bohannan, Herbert J. Hovenkamp

All Faculty Scholarship

This document contains the table of contents, introduction, and a brief description of Christina Bohannan & Herbert Hovenkamp, Creation without Restraint: Promoting Liberty and Rivalry in Innovation (Oxford 2011).

Promoting rivalry in innovation requires a fusion of legal policies drawn from patent, copyright, and antitrust law, as well as economics and other disciplines. Creation Without Restraint looks first at the relationship between markets and innovation, noting that innovation occurs most in moderately competitive markets and that small actors are more likely to be truly creative innovators. Then we examine the problem of connected and complementary relationships, a dominant feature of …