scholarly journals Research on the Relationship Between Digital Music Copyright Infringement Theory and Interest Balance Theory

Author(s):  
Huan He
2011 ◽  
Vol 16 (2) ◽  
pp. 166-175 ◽  
Author(s):  
Michael Gurevich ◽  
A. Cavan Fyans

This article adopts an ecological view of digital musical interactions, considering first the relationship between performers and digital systems, and then spectators’ perception of these interactions. We provide evidence that the relationships between performers and digital music systems are not necessarily instrumental in the same was as they are with acoustic systems, and nor should they always strive to be. Furthermore, we report results of a study indicating that spectators may not perceive such interactions in the same way as performances with acoustic musical instruments. We present implications for the design of digital musical interactions, suggesting that designers should embrace the reality that digital systems are malleable and dynamic, and may engage performers and spectators in different modalities, sometimes simultaneously.


2019 ◽  
Vol 5 (4) ◽  
pp. 205630511988000 ◽  
Author(s):  
Tiziano Bonini ◽  
Alessandro Gandini

This article investigates the logics that underpin music curation, and particularly the work of music curators, working at digital music streaming platforms. Based on ethnographic research that combines participant observation and a set of interviews with key informants, the article questions the relationship between algorithmic and human curation and the specific workings of music curation as a form of platform gatekeeping. We argue that music streaming platforms in combining proprietary algorithms and human curators constitute the “new gatekeepers” in an industry previously dominated by human intermediaries such as radio programmers, journalists, and other experts. The article suggests understanding this gatekeeping activity as a form of “algo-torial power” that has the ability to set the “listening agendas” of global music consumers. While the power of traditional gatekeepers was mainly of an editorial nature, albeit data had some relevance in orienting their choices, the power of platform gatekepeers is an editorial power “augmented” and enhanced by algorithms and big data. Platform gatekeepers have more data, more tools to manage and to make sense of these data, and thus more power than their predecessors. Platformization of music curation then consists of a data-intense gatekeeping activity, based on different mixes of algo-torial logics, that produces new regimes of visibility. This makes the platform capitalistic model potentially more efficient than industrial capitalism in transforming audience attention into data and data into commodities.


Author(s):  
Amelie Roper

As a result of the 2013 Non-Print Legal Deposit Regulations, the United Kingdom’s legal deposit libraries acquired two large collections of digital music publications in PDF format: 43,165 from Music Sales and 13,167 from Faber Music. These constitute their back catalogues for the period 2013 to 2018. This article considers the genres of music that were collected, the relationship between printed and digital output and intended users. The increasing prevalence of digital publication in the United Kingdom’s music publishing industry was evident, with 99% of the content collected from these firms in this period in digital format. The ‘near duplication’ of content through the production of variant editions contributed greatly to the volume of output. Although 71% of content was popular music, other musical genres were also represented. Most of the publications were intended for performance rather than academic study. Despite the tendency to reprint extracts from printed publications digitally, there is currently little potential to switch UK music publishers from print to digital deposit. To truly reflect the nation’s cultural heritage, future collecting will need to embrace the breadth of the United Kingdom’s digital music publishing industry. Legal deposit libraries will need to collect publications with accompanying audiovisual content, those in multiple parts, proprietary music notation file formats and interactive content delivered via apps. This will require workflows that can accommodate publishers producing a handful of publications and those publishing at scale. The sustainability of collecting relies on close cooperation between libraries, composers, publishers, distributors, aggregators and music notation software providers.


2018 ◽  
Vol 32 (3) ◽  
pp. 298-312
Author(s):  
Hanan Almawla

Abstract The relationship between parody and copyright law has not been discussed in the copyright laws of the Gulf Cooperation Council (GCC) or in Arab states in general. Nevertheless, in the past ten years, there has been a remarkable increase in parody shows and programmes in the region, triggering the question of copyright infringement. This article therefore examines the position of parody in the copyright laws of GCC states. It considers protection of parody − as an expressive tool − under the principle of freedom of speech. As no explicit statutory or judicial guidance in relation to parody in the current national copyright laws of GCC states is found, this article argues that parody should be explicitly recognized in the copyright laws of GCC states.


Author(s):  
Ruixuan Han ◽  
Yi Peng ◽  
Huailin Li

A new prediction model for the oxidation layer thickness of carbon steel is developed, that is based on the parabolic time law of corrosion and the mass transport balance theory. The relationship between the oxidation layer thickness and temperature, pH, and flow velocity is discussed. The predicted results show that the oxidation layer thickness increases exponentially with increasing temperature and decreases exponentially with increasing flow velocity. The oxidation layer thickness increases with increasing pH until pH=10.5 and then decreases. The predicted results agree with experimental results.


2021 ◽  
Vol 21 (2) ◽  
pp. 223
Author(s):  
Nevey Varida Ariani

The current pandemic situation encourages musicians to be productive in creating digital works such as songs and music so that their creative works can produce moral and economic values. However, infringement and forgery of digital music works are rampant. The issue of royalties is still a problem in the digital music industry in Indonesia, including new challenges to the role of aggregators and Collective Management Organization. The problem of this research is how the enforcement of the law of copyright infringement and forgery is with the emergence of the digital industry. This research used a qualitative method with a normative juridical approach. The results of the research showed that the increasing and complicated law enforcement related to digital music copyright is influenced by regulations such as complaint offense that hindered the law enforcement. The process of coordination and supervision between the Civil Servant Investigator (PPNS) of the Directorate General of Intellectual Property and other law enforcement officers needs to be improved. Law enforcement includes payment of compensation, termination of certain activities that cause harm to creators and owners of related rights, obligation to withdraw from circulation, revocation of business licenses, termination of business activities, and the last resort of ultimum remedium in the form of criminal sanctions. Dissemination of information and knowledge regarding IPR law and its derivative regulations including Government Regulation No. 50 Year 2021 carried out by the government is part of the legal protection of the society to increase public legal awareness in the digital era. 


1999 ◽  
Vol 58 (4) ◽  
pp. 226-232 ◽  
Author(s):  
Maria Rosaria Cadinu ◽  
Leyla De Amicis

Consistent with balance theory, it was predicted that a balance is reached when the self and the ingroup are perceived in a similar way, leading participants to more rapid judgments and fewer errors judging the self and the ingroup. The goal of this study was to replicate and extend the results obtained by Smith and Henry (1996) who concluded that ingroup attributes become part of the self-image, thus facilitating the accessibility of self-information. In the present study, we included a condition measuring reaction times for ingroup ratings (as opposed to self-ratings) and found that both ingroup and self-ratings were facilitated when the self- and the ingroup descriptions matched. Therefore it is proposed that a common self-ingroup representation facilitates the access to both the self and the ingroup.


2014 ◽  
Vol 38 (3) ◽  
pp. 34-48 ◽  
Author(s):  
Baptiste Caramiaux ◽  
Jules Françoise ◽  
Norbert Schnell ◽  
Frédéric Bevilacqua

Gesture-to-sound mapping is generally defined as the association between gestural and sound parameters. This article describes an approach that brings forward the perception–action loop as a fundamental design principle for gesture–sound mapping in digital music instrument. Our approach considers the processes of listening as the foundation—and the first step—in the design of action–sound relationships. In this design process, the relationship between action and sound is derived from actions that can be perceived in the sound. Building on previous work on listening modes and gestural descriptions, we propose to distinguish between three mapping strategies: instantaneous, temporal, and metaphorical. Our approach makes use of machine-learning techniques for building prototypes, from digital music instruments to interactive installations. Four different examples of scenarios and prototypes are described and discussed.


Author(s):  
Saeed Kabiri ◽  
Jaeyong Choi ◽  
Seyyedeh Masoomeh (Shamila) Shadmanfaat ◽  
Julak Lee

Playing through pain and injury is a common and accepted behavior in the athletic realm. The purpose of this research was to apply Tittle’s control balance theory to explain why athletes engage in playing through pain and injury despite its risky nature. We hypothesized that playing through pain and injury is a form of submission described by Tittle and that it can be predicted by the concept of control deficit. To this end, we collected and used data from a sample of 410 professional soccer players from Guilan province, Iran, and tested several propositions derived from control balance theory. Hierarchical linear regression was used to analyze the data. The study findings demonstrate that players with more control deficits are more likely to play through pain and injury. This relationship is conditioned by self-control, opportunity, motivation, perceived benefits, and provocations. For example, the relationship between control deficit and playing through pain and injury is stronger for those with lower self-control. Our findings support the utility of control balance theory in explaining an act of submission (i.e., playing through pain and injury).


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