2. Copyright, culture, and commerce

2017 ◽  
Author(s):  
Siva Vaidhyanathan
Keyword(s):  
Current System ◽  
Regulatory System ◽  
Copyright Law ◽  
Fair Use ◽  
Fair Dealing ◽  
The World ◽  
First Sale ◽  
Creative Environment

Copyright is the most pervasive cultural regulatory system in the world. In recent decades, copyright law has become stronger, covers more activities, restricts more uses, and lasts longer than ever before. Is the current system the best possible system for the current and future creative environment? And are the benefits of the copyright system justly distributed or do the wealthy and powerful continue to reap the bulk of the rewards for it at the expense of everyone else? “Copyright, commerce, and culture” considers what copyright does, and the four major limits of copyright—expiration, fair use or fair dealing, first sale, and the idea/expression dichotomy.

Fair Use, Fair Dealing: will they survive?

2001 ◽  
Vol 26 (4) ◽  
pp. 18-21 ◽  
Author(s):  
Rina Elster Pantalony
Keyword(s):  
Web Sites ◽  
New Technologies ◽  
Copyright Law ◽  
Fair Use ◽  
Digital Content ◽  
Fair Dealing ◽  
Absurd Conclusion ◽  
On Line ◽  
The Right ◽  
Gain Access

A previous article by this author discussed an emerging phenomenon on the Internet. That is, how the law, by denying copyright protection to certain kinds of digital works, may have restricted access to such works instead of liberating them, as was initially intended by the judiciary. This absurd conclusion has resulted from owners whose works are no longer protected by copyright law, who have resorted to restrictive contractual provisions on-line to control access and use of their works. And in turn, owners of such content are still able to generate revenue by charging a subscription fee for the right to gain access to the information contained therein. The result is particularly troubling to end users of digital content. If copyright law is no longer applicable, then what of the Fair Use/Fair Dealing defences available to users of these works? Does this mean that these defences are not applicable either? Are users of such content completely at the mercy of the owners’ terms and conditions of use as dictated by click-on agreements and Rules of Use posted on Web sites? This article discusses the application of Fair Dealing and Fair Use to Internet-based works, by examining the legislative and judicial responses to the ambiguities in their intellectual property protection which new technologies create.

scholarly journals COMPARATIVE STUDY OF IMPLICATION FOR IMPLEMENTING COPYRIGHT LAW AND BOOK LAW IN THE LIBRARY COLLECTION SERVICE

2019 ◽  
Vol 8 (2) ◽  
pp. 234
Author(s):  
Mohamad Pandu Ristiyono ◽  
Ratna Nurhayati
Keyword(s):  
Comparative Study ◽  
Research Method ◽  
Social Function ◽  
Copyright Law ◽  
Fair Use ◽  
Copyright Holder ◽  
Fair Dealing ◽  
Library Collection ◽  
The Social ◽  
The Law

This article examines the implication of Copyright Law and Book Law implementation <br />of the service in the library. The research method used is normative juridical legal. The<br />correlation between the Book Law, Law on Handover of Print and Recorded Works<br />and the Library Law, both are lex specialist derogate generalist of the Copyright<br />Law or not, according to the author is the adoption or depiction of the fair use and<br />fair dealing doctrine as which is the social function of copyright. The Copyright<br />Law provides protection for Author and Copyright Holder with exclusive rights to<br />be exploited. Related to the Law on Handover of Print and Record Works which<br />gives the obligation of the Author or Copyright Holder to deposit their work for the<br />purpose of preservation and other social purposes to the library which is regulated<br />in the Library Law

scholarly journals Comparison of fair use and fair dealing concepts in copyright law and their meaning for libraries

2021 ◽  
pp. 15-28
Author(s):  
K. Yu. Volkova
Keyword(s):  
Digital Technologies ◽  
The United States ◽  
Copyright Law ◽  
Fair Use ◽  
Special Importance ◽  
Wide Spread ◽  
Fair Dealing ◽  
The United Kingdom ◽  
Similarities And Differences ◽  
Fee Payment

The paper analyzes similarities and differences between fair use and fair dealing doctrines in copyright law that allow for limited use of copyright-protected material without the need of permission from the rightholder. Both concepts have long been part of legislation but have recently gained special interest due to the wide spread of digital technologies and the ease of copying materials, both text ones and any other digitized materials. What kind of use may be deemed fair and what may not, has become the question of everyday interest. Copyright exceptions implemented in the form of fair use or fair dealing concepts are of special importance to libraries. However, their application is far from trivial and the situation is further complicated by insufficiently understood difference between the two concepts. The paper reviews general approach implemented in both described doctrines, terminology issues, similarities and dissimilarities of the doctrines, their territorial coverage, and historic origins of doctrine differences. The doctrine having originated in the United Kingdom and developed in the United States has become an example, a pattern that is followed in legislation of many countries worldwide. Fair use/fair dealing concepts have found their reflection in Russian copyright law in the form of “free use” of a work without author’s permission and without copyright fee payment. The paper further deals with the significance of fair use doctrine for library collections digitization and other applications of technology innovation. A prediction is made for growing importance of fair use and fair dealing copyright exceptions in the nearest future.

Copyright User Rights

2017 ◽  
Author(s):  
Pascale Chapdelaine
Keyword(s):  
Copyright Law ◽  
Fair Use ◽  
Private Law ◽  
Supreme Court Of Canada ◽  
The European Union ◽  
Protection Measures ◽  
Fair Dealing ◽  
Personal Property ◽  
The Supreme Court ◽  
The Impact

This book explores the scope of copyright user rights through the lens of property, copyright, and contract law. It proposes a taxonomy and hierarchy of copyright user rights that makes a distinction between user property, user rights, and user privileges. The book looks at user rights from an international law and multijurisdictional perspective (including the European Union, United States, Canada, United Kingdom, France, and Australia) with a particular focus on Canada, given the significant amount of jurisprudence of the Supreme Court of Canada on copyright user rights. Unlike other works that look at copyright user rights through concepts of public law and policy, this book explores user rights through concepts of private law (personal property, goods, services, sales, licences) and copyright law (exceptions to copyright infringement such as fair dealing and fair use, the first sale or exhaustion doctrine, and the impact of technological protection measures on how users experience copyright works). The book develops a pluralistic theory of copyright user rights that recognizes their diversity and myriad ways users experience copyright works, while emphasizing the importance and role of copyright users within copyright law. The book calls for the re-evaluation of the dichotomy between tangibility and intangibility and for greater cohesion between copyright law and traditional concepts of private law.

Consequences of the Nature of the Parody Exception

2019 ◽  
pp. 70-90
Author(s):  
Sabine Jacques
Keyword(s):  
Freedom Of Expression ◽  
Copyright Infringement ◽  
Copyright Law ◽  
Fair Use ◽  
Fair Dealing ◽  
Freedom Of Contract ◽  
Strict Interpretation ◽  
Legal Nature ◽  
The Right ◽  
And Function

This chapter examines the consequences of the nature and function of the parody exception in copyright law. It first explains the ‘mechanics’ behind the parody exception, particularly as a defence to copyright infringement, before discussing the legal nature of copyright exceptions and in relation to copyright and contract laws. It then addresses the question of whether copyright exceptions, especially the parody exception, amount to rights or are more akin to interests. It also considers the principle of strict interpretation as a rule of interpretation for the parody exception and reviews recent decisions that illustrate whether the user rights approach resulted in any noticeably broader interpretation of copyright exceptions. Finally, it explores the principles underpinning freedom of contract and how judges, notwithstanding the parody exception’s procedural label as a defence, assess fair use, fair dealing, or rules of the genre in light of the right to freedom of expression.

Fair Use and Fair Dealing

2018 ◽  
Author(s):  
Shyamkrishna Balganesh ◽  
David Nimmer
Keyword(s):  
Comparative Analysis ◽  
Fair Use ◽  
Judicial Discretion ◽  
Fair Dealing ◽  
The World ◽  
Black Letter ◽  
The Law ◽  
Limitations And Exceptions

Premised on realizing a balance between protection and access, ‘limitations and exceptions’ play an important role in the any copyright system. Jurisdictions around the world are generally thought to adopt one of two possible approaches to structuring limitations and exceptions: (a) the fair dealing approach, which delineates highly specific and carefully-worded exceptions with little room for judicial discretion, and (b) the fair use approach, which relies on more open-ended language and its contextual tailoring by courts. This chapter undertakes a comparative analysis of these two approaches using the Indian and US copyright systems as its focus. It shows that, although the two countries adopt different approaches as formal matter, in practice, they show far more convergence and similarity than might be predicted from the pure black letter of the law. In the process, the chapter casts doubt on the ubiquity and utility of the distinction in comparative copyright thinking.

Scholarship and Academic Libraries (and their kin) in the World of Google

First Monday ◽  
2006 ◽  
Author(s):  
Paul N. Courant
Keyword(s):  
Academic Libraries ◽  
Copyright Law ◽  
Fair Use ◽  
Time And Space ◽  
Principal Mechanism ◽  
The World ◽  
University Presses

The prospect of ubiquitous digitization will not change the fundamental relationships among scholarship, academic libraries, and publication. Collaboration across time and space, which is a principal mechanism of scholarship, ought to be enhanced. Reforms in copyright law will be required if the promise of digitization is to be realized; absent such reform, there is a serious risk that much academically valuable material will become invisible and unused. Ubiquitous digitization will change radically the economics that have supported university–based collections of published material. Scholars and scholarly institutions (including libraries and university presses) must assert vigorously claims of fair use and openness.

Copyright in music: a role for the principles of reverse engineering

Legal Studies ◽  
2010 ◽  
Vol 30 (4) ◽  
pp. 653-673
Author(s):  
James Griffin
Keyword(s):  
Twentieth Century ◽  
Reverse Engineering ◽  
Popular Music ◽  
Current System ◽  
Methodological Approach ◽  
Legal Regulation ◽  
Copyright Law ◽  
The World ◽  
The Individual ◽  
Modern Term

The rise of popular music in the twentieth century has raised questions about the appropriateness of the current system of copyright law. Copyright law is based around the notion of the individual ‘romantic’ author, an individual who creates with his own innate thoughts. Copyright law provides an exploitable property right to authors – a right, in rem, which may be exercised against the rest of the world. It is a right that may be sold and transferred, a right to which fiscal value may be placed. The property paradigm of copyright is one that is exclusionary. Popular music reveals that copyright works may be collaborative in nature, and this can bring into question whether an exclusionary property-based model is appropriate. Historically, copyright has not always been based around the property paradigm; some early cases highlighted the ‘merit’ of the potentially infringing work, and they focused on the manner of creation of that potentially infringing work. Some later cases have also emphasised the manner of creation of a copyright work. These are cases that concern what is termed ‘reverse engineering’– a modern term that encapsulates how an earlier work is used in a later work. Paradigmatically, to focus on reverse engineering is to mark a move away from the property paradigm of copyright. This paper argues that to institute such a methodological approach would lead to a more accurate ontology and would thus lead to more efficient legal regulation.

Digital Repatriation

2018 ◽  
pp. 530-552
Author(s):  
Alex Perullo
Keyword(s):  
Country Of Origin ◽  
Indigenous Communities ◽  
Copyright Law ◽  
Fair Use ◽  
Digital Collections ◽  
Limited Access ◽  
Local Space ◽  
The Creation

This essay makes two points about digital collections. The first recognizes problems that emerge as archives present indigenous content online. In uploading indigenous songs, speeches, and documents, an archive allows that material to move from a local space with limited access to an international repository with many points of access. This chapter examines conflicts that can occur with this action, including those involving copyright law, fair use, and ethics. A second point of this chapter revolves around technology and repatriation. If repatriation means the return of material to a country of origin, then online archives never fully commit to this task. The material typically remains preserved on servers and in its original forms away from indigenous communities. Despite these ethical, legal, and technological concerns, archives should encourage the creation of digital collections as part of repatriation given the desire by many indigenous communities to preserve and promote their traditions.

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