The Impact of Specific Exceptions on Fair Use: An Update

2015 ◽  
Author(s):  
Jonathan Band
Keyword(s):  
Fair Use ◽  
The Impact

The impact of copyright permissions culture on the US visual arts community: The consequences of fear of fair use

2016 ◽  
Vol 18 (9) ◽  
pp. 2012-2027 ◽  
Author(s):  
Patricia Aufderheide ◽  
Tijana Milosevic ◽  
Bryan Bello
Keyword(s):  
Visual Arts ◽  
Fair Use ◽  
The Us ◽  
The Impact ◽  
Arts Community

Massive Digital Libraries (MDLs)

2019 ◽  
pp. 476-488
Author(s):  
Andrew Philip Weiss
Keyword(s):  
Digital Libraries ◽  
Fair Use ◽  
Source Material ◽  
Internet Archive ◽  
The Public ◽  
Brick And Mortar ◽  
Google Books ◽  
Print Books ◽  
Mass Digitization ◽  
The Impact

Massive digital library (MDL) is a term coined to define a class of digital libraries gathering mass-digitized print books and monographs, which rival the size of brick-and-mortar libraries. Specific examples of MDLs, including Google Books, HathiTrust, DPLA, Internet Archive, et al., are presented. The issues raised by MDLs include mass-aggregation of digital content and the ability to maintain source-material accuracy and veracity; copyright, fair use, and the mass-digitization of materials not in the public domain; and disparities in the level of diversity, especially with regard to Spanish-language, Japanese-language, and Hawaii-Pacific materials. Finally, the impact of MDLs on Digital Humanities, especially with regard to the Google Books digital corpus and the Google Ngram Viewer, will be investigated.

scholarly journals Dataveillance in the Workplace: Managing the Impact of Innovation

2020 ◽  
Vol 11 (1) ◽  
pp. 106-124 ◽  
Author(s):  
Cliona McParland ◽  
Regina Connolly
Keyword(s):  
Employee Performance ◽  
Empirical Studies ◽  
Fair Use ◽  
Short Supply ◽  
Trust In Management ◽  
Emerging Issues ◽  
Monitoring Technologies ◽  
Counterproductive Behaviours ◽  
The Impact ◽  
Workplace Surveillance

AbstractBackground: Monitoring and surveillance are a fundamental part of the workplace environment, with employee performance and productivity as the main objects of scrutiny. However, many questions surround the ethical nature of managements’ ability to employ advanced digital technologies to monitor employee behaviour and performance while in the workplace. If unaddressed, these concerns have the potential to significantly impact the relationship between the employee and the employer, impacting trust in management resulting in negative attitudes and counterproductive behaviours.Objectives: The goal of this paper is to present a comprehensive review of workplace surveillance whilst outlining some of the emerging issues relating to the use of employee monitoring technologies in the workplace.Methods/Approach: A detailed review of the literature was conducted in order to identify the major issues relating to workplace surveillance. In addition, a number of practitioner-based studies were examined to extract and identify emerging trends and concerns at an industry level.Results: Workplace surveillance is on the rise; however, empirical studies are in short supply.Conclusions: The issue of workplace surveillance is an under-researched area, which requires much attention. There is a distinct need for clear measures and structures that govern the effective and fair use of communication technologies in the workplace.

scholarly journals The impact of cloud computing on the future of academic library practices and services

2013 ◽  
Vol 114 (3/4) ◽  
pp. 132-141 ◽  
Author(s):  
Judith Mavodza
Keyword(s):  
Cloud Computing ◽  
Data Privacy ◽  
Academic Library ◽  
Information Access ◽  
Fair Use ◽  
Cloud Services ◽  
Content Type ◽  
Platform As A Service ◽  
The Future ◽  
The Impact

PurposeThe purpose of this paper is to discuss issues involved in navigating the modern information environment where the relevance of cloud computing is unavoidable. This is a way of shifting from the hardware and software demands of storing and organizing data, to information access concerns. That is because with the exponential growth in information sources and all accompanying complexities, the limited capacity of libraries to host their own in its entirety necessitates opting for alternatives in the cloud.Design/methodology/approachA review of current literature about the topic was performedFindingsLiterature used reveals that currently, libraries are using the cloud for putting together user resources, i.e. using Software as a Service (SaaS), such as in library catalogues, WorldCat, Googledocs, and the aggregated subject gateways like SUMMON, and others; the web Platform as a Service (PaaS) as in the use of GoogleApp Engine; or Infrastructure as a Service (IaaS) as in the use of D‐Space, FEDORA, and others. The cloud is confirmed as a facilitator in storing and accessing information in addition to providing a unified web presence with reduced local storage capacity challenges.Originality/valueThe value of these findings is to remind librarians of the shift in focus towards which devices provide the easiest access to data and applications. This is one of the reasons they in many instances are currently having to address issues relating to the use of electronic media tools such as smartphones, iPad, e‐book readers, and other handheld devices. The largely borderless information resources also bring to the forefront considerations about digital rights management, fair use, information security, ownership and control of data, privacy, scholarly publishing, copyright guidance, and licensing that the librarian has to be knowledgeable about. It has become necessary for librarians who make use of commercial cloud services to be conversant with the implications on institutional data. To avert the ever present dangers and risks involving cyber‐security, it is usually practical for institutions to keep policies, procedures, fiscal, and personnel data in private clouds that have carefully crafted access permissions. Being aware of these implications enables thoughtful, adaptive planning strategies for the future of library practice and service.

scholarly journals Copyright issues in Archives

2016 ◽  
Vol 12 (1) ◽  
Author(s):  
Andrea Kampen
Keyword(s):  
Policy Process ◽  
Public Debate ◽  
Fair Use ◽  
Fair Dealing ◽  
The Public ◽  
Digital Watermarks ◽  
The Individual ◽  
The Impact

The purpose of this paper is to examine the policy process, the stakeholders, the individual policies, the public debate, and the impact that copyright, specifically fair dealing, has on access to and interaction (i.e. use) with audiovisual digital archival content in an academic archive in Canada. The paper takes a preliminary look at Canadian copyright act and the copyright modernization act as well as differences between fair use and fair dealing. It then outlines two of possible applications of the copyright act in archives by looking at digital watermarks and take-down policies.

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.

scholarly journals Collaborative Academic Library Digital Collections Post-Cambridge University Press, HathiTrust and Google Decisions on Fair Use

2016 ◽  
Vol 1 (1) ◽  
Author(s):  
Michelle M. Wu
Keyword(s):  
Academic Libraries ◽  
Academic Library ◽  
Fair Use ◽  
Digital Collections ◽  
Cambridge University ◽  
Technological Advances ◽  
Copyright Laws ◽  
Specific Proposal ◽  
The Impact

Academic libraries face numerous stressors as they seek to meet the needs of their users through technological advances while adhering to copyright laws. This paper seeks to explore one specific proposal to balance these interests, the impact of recent decisions on its viability, and the copyright challenges that remain after these decisions

scholarly journals Сombating unfair registrations and using means of individualization in the conditions of digital transformation

2021 ◽  
pp. 48-67
Author(s):  
Hennadii Androshchuk
Keyword(s):  
Artificial Intelligence ◽  
Intellectual Property ◽  
Digital Transformation ◽  
Fair Use ◽  
Brand Names ◽  
Counterfeit Goods ◽  
Domain Names ◽  
The Usa ◽  
The Impact ◽  
Digital Search

Key words: intellectual property, unfair competition, means of individualization, valuation,squatter, losses, digital transformation, artificial intelligence The article examines the economic, legal and institutional aspects of combating unfair registration and useof means of individualization (trademarks, brand names, geographical indications,domain names) in the context of digital transformation. The formation of theoreticaland methodological and methodological foundations for the protection of the rights oftheir owners, improving the efficiency of experts of intellectual property agencies, lawenforcement agencies, tools for digital search and use of artificial intelligence (AI) toensure the effectiveness of the institution of individualization. The economic and legalaspects of foreign (in the jurisdictions of China, USA, EU) and domestic legislativeand law enforcement practices to combat the phenomenon of unfair registration anduse of personalization, digital search tools and the use of AI are analyzed. It is shownthat over the next five years, 30 to 50% of product searches will be by voice ratherthan text, so the impact of AI on the way a product is purchased will have significanteconomic and legal implications for individualization legislation. The means of counteractingunscrupulous applicants in the USA have been studied. The U.S. Patentand Trademark Office (USPTO) has developed rules under which foreign applicantsand trademark owners must be represented by a U.S. licensed attorney when filingtrademark applications with the USPTO. Emphasis is placed on the introduction oflegislative liability of e-commerce platforms for counterfeit goods. The analysis of thelast changes in the legislation of Ukraine on protection of trade marks is carried out.It is shown that the new rules change the approaches to registration and protection oftrademarks, create the possibility of their fair use. Digitalization, transition to e-documentcirculation in the Customs Register, improvement of the procedure for destructionof counterfeit goods are important anti-corruption steps in the activities ofUkrainian customs in the context of digital transformation of the economy.

Massive Digital Libraries (MDLs)

2018 ◽  
pp. 5226-5236
Author(s):  
Andrew Philip Weiss
Keyword(s):  
Digital Libraries ◽  
Fair Use ◽  
Source Material ◽  
Internet Archive ◽  
The Public ◽  
Brick And Mortar ◽  
Google Books ◽  
Print Books ◽  
Mass Digitization ◽  
The Impact

Massive Digital Library (MDL) is a term coined to define a class of digital libraries gathering mass-digitized print books and monographs, which rival the size of brick-and-mortar libraries. Specific examples of MDLs, including Google Books, HathiTrust, DPLA, Internet Archive, et al., are presented. The issues raised by MDLs include the following: mass-aggregation of digital content and the ability to maintain source-material accuracy and veracity; copyright, Fair Use and the mass-digitization of materials not in the Public Domain; and disparities in the level of diversity, especially with regard to Spanish-language, Japanese-language, and Hawaii-Pacific materials. Finally, the impact of MDLs on Digital Humanities, especially with regard to the Google Books digital corpus and the Google Ngram Viewer, will be investigated.

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