mzkbnt's copyright [37 articles]

Abstract

10.1177/0163443709344251 ...

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The Google Book Search (GBS) initiative once promised to test the bounds of fair use, as the company started scanning millions of in-copyright books from the collections of major research libraries. The initial goal of this scanning was to make indexes of the books’ contents and to provide short snippets of book contents in response to pertinent search queries. The Authors Guild and five trade publishers sued Google in the fall of 2005 charging that this scanning activity was ...

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This study examines 78 law journal publication agreements and finds that a minority of journals ask authors to transfer copyright. Most journals also permit author to self-archive articles with some conditions. The study recommends journals make their agreements publicly available and use licenses instead of copyright transfers. ...

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Copyfraud is everywhere. False copyright notices appear on modern reprints of Shakespeare's plays, Beethoven's piano scores, greeting card versions of Monet's Water Lilies, and even the U.S. Constitution. Archives claim blanket copyright in everything in their collections. Vendors of microfilmed versions of historical newspapers assert copyright ownership. These false copyright claims, which are often accompanied by threatened litigation for reproducing a work without the owner's permission, result in users seeking licenses and paying fees to reproduce works that are free for ...

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Legal contextThe recent lawsuit brought by the entertainment company, Viacom, against Google's online video hosting site, YouTube, has raised questions about whether YouTube can protect itself using the fair use defence under the Copyright Act 1976 in the United States. While the judgment in this regard is still awaited, this article explores the possibility of the fair use defence succeeding in the context of YouTube hosting copyrighted content on its website. Key pointsThis article discusses the four statutory ingredients of ...

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Legal contextThis article deals with the controversial problem of the copyright protection of scientific works, based on copyright theory and the Polish Law of 4 February 1994 on Copyright and Neighbouring Rights. Key points and Practical significanceAs far as copyright theory is concerned, scientific works can be protected but their character is special. If someone wants to protect a scientific publication, the main purpose of copyright is only to create original structure of work, no matter how original the scientific ...

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A Dutch interim injunction judge grants a preliminary injunction prohibiting copyright collecting society BUMA from concluding pan-European licences for the online sale of the music repertoire administered by the Performing Rights Society. 10.1093/jiplp/jpn195 ...

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The Court of Justice of the European Communities held that the term of protection of copyright-related rights for work laid down in Directive 2006/11 could apply (i) to work that had never been protected in the Member State in which the protection was sought and (ii) in a situation where the work was, on 1 July 1995, protected in at least one Member State under national legislation and where the rightsholder who is a national of a non-Member state benefited, at ...

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Judge Robert B. Patterson found that the unofficial Harry Potter Lexicon written by Steve Vander Ark and published by RDR Books infringed the copyright in the seven Harry Potter novels and two companion works (Fantastic Beasts and Where to Find Them and Quidditch Through the Ages) and that the defence of fair use did not apply. 10.1093/jiplp/jpn214 ...

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This paper explores the impact of the digital revolution on the development of the music industry. It analyses the conditions of the commercialization of music in an industry structure with, and without, a copyright regime. The paper's main concern is with the relationship between artists and publishers. The particular influence of the continental European, especially Austrian, copyright regime on the contractual design of publishing contracts and the music industry structure, and their differences from US norms, is discussed. ...

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Abstract  Cultural products are commodities with cultural contents, which are neither equivalent to cultural relics nor ordinary articles. Such dual natures bring forth divergences in trade policy, mandating the generality and particularity of trade rules. The WTO rules lay more emphases on free trade while the United Nations Educational, Scientific and Cultural Organization put more stress on the free exchange and diversity of cultures. Nations enjoy cultural sovereignty over their cultural policies and administrative measures. The rules of intellectual property rights also ...

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Legal contextMajor copyright owners have been slow to rise to the challenge presented by illegal file-sharing and downloading. In recent years, they have scored a number of significant Court victories against file-sharers, but the recent decision in Promusicae v Telefonica, in which the ECJ held that the right to the protection of industrial property does not necessarily outweigh the right to privacy, indicates that rights holders may benefit from a more creative and co-operative approach to file-sharing. Key pointsThe author ...

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This paper stems from the results of a systematic study of research library policy regarding application and interpretation of copyright law to reserves and electronic reserves. A thorough legal framework is provided from which the study's results are interpreted, and suggestions for research library compliance are provided. ...

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In the digital environment, copyright law has become trapped in an assessment of what has been taken, rather than what has been done with copied materials and elements. This expands the scope of copyright into areas where it should not find infringement (such as sampling, mash-ups and other transformative uses) while encouraging activities that are problematic (such as hiding sources). This article argues that the trap was laid by the German idealist philosopher Johann Gottlieb Fichte whose influential 1793 article Proof ...

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Previous investigations into the impact of open-access journals on subsequent citations confounded open and electronic access and failed to track availability over time. With new data, we separated these effects. We demonstrate that a journal receives a modest increase in citations when it comes online freely, but the jump is larger when it first comes online through commercial sources. This effect reverses for poor countries where free-access articles are much more likely to be cited. Together, findings suggest that free Internet ...

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This paper advocates protecting software copyright through hiding watermarks in various data structures used by the code, e.g., B+-trees, R-trees, linked lists, etc. Prior proposals hide the watermarks in dummy data structures, e.g., linked lists and graphs that are created, solely for this reason, during the execution of the hosting software. This makes them vulnerable to subtractive attacks, because the attacker can remove the dummy data structures without altering the functionality or the semantic of the software program. We ...

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A historical and theoretical analysis of the copyright environment demonstrates that both the economic rights associated with copyright and the moral rights often associated with copyright perform social functions. The latter have not been as universally embraced or adopted as the former. The lack of enthusiasm for moral rights is argued to be because the social utility of this aspect of the copyright regime has gone largely unrecognized. In fact, moral rights ensure that the information needs of the public are ...

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Wikis are sites that support the development of emergent, collective infrastructures that are highly flexible and open, suggesting that the systems that use them will be egalitarian, free, and unstructured. Yet it is apparent that the flexible infrastructure of wikis allows the development and deployment of a wide range of structures. However, we find that the policies in Wikipedia and the systems and mechanisms that operate around them are multi-faceted. In this descriptive study, we draw on prior work on rules ...

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Recently, the major US music and movie companies have pursued a dramatic renovation in their approach to copyright enforcement. This shift, from the code' of law to the code' of software, looks to technologies themselves to regulate or make unavailable those uses of content traditionally handled through law. Critics worry about the compliance' rules built into such systems: design mandates for manufacturers indicating what users can and cannot do under particular conditions. But these ...

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Legal contextThis article examines the application of copyright and database rights to the ownership and authorship of multi-authored works in progress', focusing on the wiki' and highlighting some of the problems that exist in theory and whether they cause difficulty in practice or not. Key pointsThe word wiki' is not a legal term of art. For the purpose of this article, it may be understood as meaning a website or similar online resource which allows users ...

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There is convincing evidence that artistic life, which is an important sector in all societies, is better off when the concept of copyright disappears. In the digital era the concept is outdated anyway. As a consequence, our common artistic creativity will no longer be the exclusive property of a few copyright industries and piracy will cease to exist. Knowledge and creativity become once again essential elements of the public domain. Moreover, surprisingly, without the system of copyright protection many artists in ...

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Abstract  This research investigated the current copyright policies of 21 education journals published by academic societies, universities and university presses, and commercial publishers. For the sample I chose only journals with a copyright policy on the journal or publisher web site, and I then analyzed the content of the policies in order to answer three research questions. (1) What is the nature of copyright for education journals? (2) What evidence exists for the adoption of various copyright innovations (e.g., use of Creative ...

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A high-profile copyright activist is fighting for traditional publishers to stop criminalizing their own readers, explains Jonathan Zittrain. ...

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In the past, free distribution of copyrighted content was rare and was usually performed in the service of advertising or politics. Today, the ease of digital copying and distribution has enabled authors and artists to freely share digital copies of their creative and original works with broad audiences. Many creative people are availing themselves of this opportunity. Congress and the current copyright laws, however, remain largely oblivious to the concerns and contributions of these artists and authors. ...

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Property rights always create a limited monopoly of the right holder. Intellectual property rights (IPR) came into existence in order to acknowledge and encourage creativity, for example, literary works, although in early days the provision was misused as a government policy. In the subsequent period, author's rights over his creations, that is, copyright, was granted and later standardized in the international conventions. However, the trade-off between the author's right over his creation and its public dissemination ...

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As digital technology thrusts complexity upon copyright law, conflict has escalated between copyright holders desperate to institute a vigorous enforcement mechanism against copying in order to protect their ownership and others who underscore the importance of public interests in accessing and using copyrighted works. This study explores whether Creative Commons (CC) licenses are a viable solution for copyright protection in the digital era. Through a mixed-methods approach involving a web-based survey of CC licensors, a content analysis of CC-licensed works, and ...