Fair Dealing in the Digital Age
Author | : Gail Fulton |
Publisher | : |
Total Pages | : 98 |
Release | : 1997 |
Genre | : Language Arts & Disciplines |
ISBN | : |
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Author | : Gail Fulton |
Publisher | : |
Total Pages | : 98 |
Release | : 1997 |
Genre | : Language Arts & Disciplines |
ISBN | : |
Author | : Shaojun Liu |
Publisher | : Springer Nature |
Total Pages | : 138 |
Release | : 2021-10-01 |
Genre | : Law |
ISBN | : 9811643806 |
This book comprehensively discusses the effects of digital technology on the way work is disseminated and the resulting challenges concerning the fair use of copyright. It also analyzes so-called fairness by examining theories on the system of fair use, demonstrating the “system changes that will be brought about by technological changes” from the perspective of economics, i.e., the problem of modification faced by the system of fair use of copyright. Exploring the nature and function of fair use and repositioning the fair use system, the book proposes a better design for China’s system of limitation on copyright and a readjustment of the copyright system. Lastly, in addition to analyzing the reconfigurations of fair use from an economic standpoint, the book describes in detail the interactions between legal systems and cultures.
Author | : Gail Fulton |
Publisher | : |
Total Pages | : 68 |
Release | : 1998 |
Genre | : Copyright |
ISBN | : 9781875833726 |
Author | : |
Publisher | : |
Total Pages | : 7 |
Release | : 2005 |
Genre | : |
ISBN | : |
Author | : Thomas Randolph Beard |
Publisher | : |
Total Pages | : 33 |
Release | : 2016 |
Genre | : |
ISBN | : |
Copyright provides broad protection for artists and creators, but these rights are not without limit. In the United states, for instance, the U.S. Copyright Act permits the “fair use” of copyrighted works without infringing under certain circumstances. Other nations overwhelmingly employ the comparable concept of “fair dealing.” Drawing the line between fair use and infringement has proven tricky for the courts, and technology hasn't made their task any easier. In an effort to help guide both reviews of copyright law abroad and the judicial consideration of fair use disputes, we construct an economic model to derive an optimal level of fair use (or fair dealing). This model is rooted in the purpose of copyright and informed by judicial precedent. Among other things, we find that optimal fair use should be stricter when: (1) the cost of the original work is high; (2) the size of the market for the original work is small; (3) piracy and other forms of leakages, which simply reduce the market potential for the original work, are large; (4) the cost of distributing secondary works is lower; (5) small amounts of transformation matter a lot to consumers; and (6) the fixed cost of producing secondary works are smaller. These findings suggest legislatures and courts should adopt a stricter interpretation of fair use in the Digital Age.
Author | : Jessica Litman |
Publisher | : Prometheus Books |
Total Pages | : 216 |
Release | : |
Genre | : Law |
ISBN | : 161592051X |
Professor Litman's work stands out as well-researched, doctrinally solid, and always piercingly well-written.-JANE GINSBURG, Morton L. Janklow Professor of Literary and Artistic Property, Columbia UniversityLitman's work is distinctive in several respects: in her informed historical perspective on copyright law and its legislative policy; her remarkable ability to translate complicated copyright concepts and their implications into plain English; her willingness to study, understand, and take seriously what ordinary people think copyright law means; and her creativity in formulating alternatives to the copyright quagmire. -PAMELA SAMUELSON, Professor of Law and Information Management; Director of the Berkeley Center for Law & Technology, University of California, BerkeleyIn 1998, copyright lobbyists succeeded in persuading Congress to enact laws greatly expanding copyright owners' control over individuals' private uses of their works. The efforts to enforce these new rights have resulted in highly publicized legal battles between established media and new upstarts.In this enlightening and well-argued book, law professor Jessica Litman questions whether copyright laws crafted by lawyers and their lobbyists really make sense for the vast majority of us. Should every interaction between ordinary consumers and copyright-protected works be restricted by law? Is it practical to enforce such laws, or expect consumers to obey them? What are the effects of such laws on the exchange of information in a free society?Litman's critique exposes the 1998 copyright law as an incoherent patchwork. She argues for reforms that reflect common sense and the way people actually behave in their daily digital interactions.This paperback edition includes an afterword that comments on recent developments, such as the end of the Napster story, the rise of peer-to-peer file sharing, the escalation of a full-fledged copyright war, the filing of lawsuits against thousands of individuals, and the June 2005 Supreme Court decision in the Grokster case.Jessica Litman (Ann Arbor, MI) is professor of law at Wayne State University and a widely recognized expert on copyright law.
Author | : Patricia Aufderheide |
Publisher | : University of Chicago Press |
Total Pages | : 214 |
Release | : 2011-07-15 |
Genre | : Law |
ISBN | : 0226032442 |
In the increasingly complex and combative arena of copyright in the digital age, record companies sue college students over peer-to-peer music sharing, YouTube removes home movies because of a song playing in the background, and filmmakers are denied a distribution deal when some permissions “i” proves undottable. Patricia Aufderheide and Peter Jaszi chart a clear path through the confusion by urging a robust embrace of a principle long-embedded in copyright law, but too often poorly understood—fair use. By challenging the widely held notion that current copyright law has become unworkable and obsolete in the era of digital technologies, Reclaiming Fair Use promises to reshape the debate in both scholarly circles and the creative community. This indispensable guide distills the authors’ years of experience advising documentary filmmakers, English teachers, performing arts scholars, and other creative professionals into no-nonsense advice and practical examples for content producers. Reclaiming Fair Use begins by surveying the landscape of contemporary copyright law—and the dampening effect it can have on creativity—before laying out how the fair-use principle can be employed to avoid copyright violation. Finally, Aufderheide and Jaszi summarize their work with artists and professional groups to develop best practice documents for fair use and discuss fair use in an international context. Appendixes address common myths about fair use and provide a template for creating the reader’s own best practices. Reclaiming Fair Use will be essential reading for anyone concerned with the law, creativity, and the ever-broadening realm of new media.
Author | : Timothy Lee Wherry |
Publisher | : American Library Association |
Total Pages | : 184 |
Release | : 2002-03-15 |
Genre | : Language Arts & Disciplines |
ISBN | : 9780838908259 |
This volume is a guide to intellectual property. Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs. This work includes an introduction to the basics of copyrights, patents, and trademarks and written especially to serve the needs and questions of librarians. The issue of what constitutes fair use, modern-day disputes over file swapping services such as Napster, common misconceptions about patent, among many other topics, is presented in easy-to-understand terms.
Author | : Melissa de Zwart |
Publisher | : |
Total Pages | : 858 |
Release | : 2005 |
Genre | : Contracts |
ISBN | : |
Author | : Arpi Abovyan |
Publisher | : Herbert Utz Verlag |
Total Pages | : 432 |
Release | : 2014-06-26 |
Genre | : |
ISBN | : 3831643091 |
The adaption of copyright law to the digital age is currently one of the EU’s main concerns regarding intellectual property. This thesis analyses whether European legislation in this field can be successfully implemented in the same way in countries with different levels of development. Taking the examples of Germany and Armenia will help to evaluate the problems of developed and transition countries concerning the challenges of copyright in the digital age. The comparison between these two countries shows that a one-size-fits-all-approach is not appropriate in the digital environment. The socio-economic situation and the legal environment of transition countries call for a different solution. In this respect the example of Armenia may be instructive for other transition countries as well, especially CIS countries. A recommendation for adopting a certain system for drafting European legislation in the future which will meet the needs of all countries, considering their social, economic and legal situation, has been developed in this thesis.