Rosemont v. Random House and the Doctrine of Fair Use

1973 ◽  
Vol 50 (2) ◽  
pp. 227-277 ◽  
Author(s):  
Jeanne Gross
Keyword(s):  
Public Interest ◽  
Fair Use ◽  
Judicial Doctrine

Ruling in case involving earlier Hughes biography broadened judicial doctrine of fair use to give greater weight to public interest and benefit.

Technische Universitaät Darmstadt v. Eugen Ulmer KG

2015 ◽  
Vol 109 (1) ◽  
pp. 161-167
Author(s):  
Anne-Marie Carstens
Keyword(s):  
Intellectual Property Rights ◽  
Public Interest ◽  
The United States ◽  
Fair Use ◽  
The European Union ◽  
The Public ◽  
Court Of Justice ◽  
International Attention ◽  
International Obligations ◽  
Mass Digitization

In Technische Universität Darmstadt v. Eugen Ulmer KG, the Court of Justice of the European Union (ECJ or Court) addressed several important copyright issues stemming from a practice that continues to confound many legal practitioners and adjudicators: the mass digitization of library collections. The judgment adds to an emerging body of jurisprudence decided in the context of a trend toward greater digitization that could ultimately facilitate the development of a global, digital library. To date, the jurisprudence has largely been formed by cases challenging mass digitization that are percolating through the United States courts and have attracted international attention and criticism. The ECJ decision thus provides an important point of reference for evaluating how different jurisdictions balance the rights of authors against the public interest, as served by relevant fair use exceptions consistent with their international obligations under traditional copyright treaties, the 1996 WIPO Copyright Treaty, and the 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) applicable to all WTO member states.

scholarly journals Contesting algorithms: Restoring the public interest in content filtering by artificial intelligence

2020 ◽  
Vol 7 (2) ◽  
pp. 205395172093229
Author(s):  
Niva Elkin-Koren
Keyword(s):  
Artificial Intelligence ◽  
Public Interest ◽  
Hate Speech ◽  
Fair Use ◽  
Content Filtering ◽  
The Public ◽  
Intelligence System ◽  
Dramatic Shift ◽  
The Public Sphere ◽  
Democratic Principles

In recent years, artificial intelligence has been deployed by online platforms to prevent the upload of allegedly illegal content or to remove unwarranted expressions. These systems are trained to spot objectionable content and to remove it, block it, or filter it out before it is even uploaded. Artificial intelligence filters offer a robust approach to content moderation which is shaping the public sphere. This dramatic shift in norm setting and law enforcement is potentially game-changing for democracy. Artificial intelligence filters carry censorial power, which could bypass traditional checks and balances secured by law. Their opaque and dynamic nature creates barriers to oversight, and conceals critical value choices and tradeoffs. Currently, we lack adequate tools to hold them accountable. This paper seeks to address this gap by introducing an adversarial procedure— – Contesting Algorithms. It proposes to deliberately introduce friction into the dominant removal systems governed by artificial intelligence. Algorithmic content moderation often seeks to optimize a single goal, such as removing copyright-infringing materials or blocking hate speech, while other values in the public interest, such as fair use or free speech, are often neglected. Contesting algorithms introduce an adversarial design which reflects conflicting values, and thereby may offer a check on dominant removal systems. Facilitating an adversarial intervention may promote democratic principles by keeping society in the loop. An adversarial public artificial intelligence system could enhance dynamic transparency, facilitate an alternative public articulation of social values using machine learning systems, and restore societal power to deliberate and determine social tradeoffs.

scholarly journals PENERAPAN DOKTRIN FAIR USE TERHADAP PEMANFAATAN HAK CIPTA PADA PLATFORM DIGITAL SEMASA COVID 19 DI INDONESIA

2021 ◽  
Vol 13 (1) ◽  
pp. 130-148
Author(s):  
Rika Ratna Permata ◽  
Tasya Safiranita ◽  
Yuliana Utama ◽  
Reihan Ahmad Millaudy
Keyword(s):  
United States ◽  
Public Interest ◽  
The United States ◽  
Fair Use ◽  
Internet Archive ◽  
Digital Platforms ◽  
The Public ◽  
Potential Market ◽  
Legitimate Interests ◽  
Almost All

The Covid-19 pandemic has resulted in more people doing activities from home, so almost all activities are carried out online, including for educational activities. The problems on this research are how the comparison between fair use regulations in Indonesia and in the United States during the pre-Covid-19 pandemic? How the regulations of the doctrine of fair use to anticipate the occurrence of a new phenomenon regarding the use of copyright on digital platforms during and/or after the Covid-19 pandemic? The method used in writing this law is a normative juridical method. The results of the study conclude that Fair use rules in Indonesia already regulate that fair use will not harm the legitimate interests of creators but does not provide clear parameters regarding fair interests. While the Fair use Arrangements in the United States are regulated in 17 U.S. Code 107. In this regulation, there are 4 factors, namely: the purpose and character of the use, the nature of the copyrighted work, the quantity and importance of the material used, the effect of the use upon potential market or value of the copyrighted work. The Covid-19 pandemic gave rise to fair use cases that had never occurred before the outbreak of Covid-19, e.g. the case of The Internet Archive, it can be observed that there is an encouragement from the public to further relax copyright protection because of the Covid-19 pandemic resulting in the public interest having to be carried out rather than the creators and copyright holders.

Digital Libraries, Copyright Limitations, and Access for Purposes of Subsequent Academic Publishing

2020 ◽  
pp. 324-341
Author(s):  
Pedro Pina
Keyword(s):  
Public Interest ◽  
Digital Libraries ◽  
Scientific Research ◽  
Fair Use ◽  
Academic Publishing ◽  
Economic Interests ◽  
The Public ◽  
Digital Copyright ◽  
European Union Legislation ◽  
Internal Balance

The chapter aims to analyse the current European Union legislation on digital copyright from the perspective of the public interest in scientific research, by studying the digital exclusive rights framework granted to creators and to database owners and by contraposing it with the foreseen narrow field of public interest based limitations on exclusive rights. Concepts like digital libraries, fair use and limitations on exclusive rights, tpm and drm, copyleft and free/open source contents is analysed. The chapter concludes by identifying the necessity of a redefinition of a new internal balance of copyright law which can respect authors' and database owners' legitimate economic interests and simultaneously promote the dissemination and the access to works for scientific research and publishing purposes and the renewal of the creative cycle.

Fake news and copyright

2022 ◽  
Vol 11 (4) ◽  
pp. 444-468
Author(s):  
Enrico Bonadio ◽  
Nicola Lucchi ◽  
Oreste Pollicino
Keyword(s):  
Public Interest ◽  
New Technologies ◽  
Fair Use ◽  
Public Security ◽  
The Political ◽  
Multiple Channels ◽  
Fake News ◽  
Individual Decision ◽  
The Relationship ◽  
Text And Data Mining

As is known, new technologies have profoundly changed the way content is produced, shared and disseminated. One of the most recent (and worrying) changes is the phenomenon of ‘fake news’, especially since disinformation and intentional misrepresentation of real information have started to affect individual decision-making in the political sphere. It is a worrying phenomenon because the dissemination of fake news can challenge democratic values and undermine national security. Against this background, can copyright play a role in the fight against fake news? And what is the relationship between such news and copyright in the first place? Fake news in theory falls within copyright subject matter and may often meet the requirements for protection. The paper analyses three recent examples of fake news which have been widely disseminated online – and makes the point that copyright may subsist in such news. Yet, despite such content being potentially capable of attracting protection, we propose to remove any copyright which may arise on grounds of public interest. Indeed, when a work is protected by copyright, right holders have an incentive to exploit it, as the monopoly granted to them increases the ability to extract profits out of the work, for example via licensing. This may contribute to encouraging creators of fake news to spread such content across multiple channels to reach wide audiences. Excluding copyright could therefore help make fake news less appealing. A short reference will also be made to copyright defences which may be relied on by entities and individuals who check news’ accuracy (fact-checkers) – that is, the fair use doctrine under US law and several exceptions under EU (and UK) law, namely transient use, text and data mining, criticism and review and public security. * All authors contributed equally to this manuscript and are listed alphabetically.

Copyright in Digital Television Broadcasting in Kenya: An Analysis of the Royal Media Services Case

2020 ◽  
Vol 4 (1) ◽  
pp. 69-87
Author(s):  
Cynthia Amutete
Keyword(s):  
Supreme Court ◽  
Public Interest ◽  
The Philippines ◽  
Fair Use ◽  
Digital Television ◽  
Fair Dealing ◽  
The Supreme Court ◽  
Media Services ◽  
Digital Broadcasting ◽  
Definition Of

Kenyan superior courts missed an opportunity to discuss and authoritatively settle the law on the nature of copyright in broadcasts and the effect of the must carry rule in digital broadcasting through their decisions in the Royal Media Services case. The Supreme Court, in arriving at its decision, failed to be guided by Kenyan law on copyright in broadcasts and the must carry rule in three key areas. First, the Supreme Court relied on the Philippines’ decision on the definition of a broadcasting organisation without considering the provisions of the Copyright Act (Chapter 130) and the Kenya Information and Communication Act (Chapter 411). Second, the Supreme Court relied on the doctrine of fair use as envisaged in the Philippines copyright regime, yet Section 26 of the Kenyan Copyright Act provides for fair dealing. Third, the Supreme Court relied on the public interest defence without discussing its basis and establishing its parameters, especially since public interest is not provided for in Copyright Act. The Supreme Court erred in determining that rebroadcasting of local broadcasts by subscription television licencees was not an infringement of copyright in broadcast.

Digital Libraries, Copyright Limitations, and Access for Purposes of Subsequent Academic Publishing

2017 ◽  
pp. 256-278
Author(s):  
Pedro Pina
Keyword(s):  
Public Interest ◽  
Digital Libraries ◽  
Scientific Research ◽  
Fair Use ◽  
Academic Publishing ◽  
Economic Interests ◽  
The Public ◽  
Digital Copyright ◽  
European Union Legislation ◽  
Internal Balance

The chapter aims to analyse the current European Union legislation on digital copyright from the perspective of the public interest in scientific research, by studying the digital exclusive rights framework granted to creators and to database owners and by contraposing it with the foreseen narrow field of public interest based limitations on exclusive rights. Concepts like digital libraries, fair use and limitations on exclusive rights, tpm and drm, copyleft and free/open source contents is analysed. The chapter concludes by identifying the necessity of a redefinition of a new internal balance of copyright law which can respect authors' and database owners' legitimate economic interests and simultaneously promote the dissemination and the access to works for scientific research and publishing purposes and the renewal of the creative cycle.

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