scholarly journals Rewriting Fair Use and the Future of Copyright Reform

2017 ◽  
Author(s):  
Michael J Madison
Keyword(s):  
Historical Development ◽  
Social Practices ◽  
Copyright Law ◽  
Fair Use ◽  
Creative Expression ◽  
Policy Goals ◽  
The Social ◽  
The Future

This Essay describes a social practices approach to the production of creative expression, as a construct to guide reform of copyright law. Specifically, it reimagines copyright's fair use doctrine by basing its statutory text explicitly on social practices. It argues that the social practices approach is consistent with the historical development of the fair use doctrine and with the policy goals of copyright law, and that the approach should be recognized in the text of the statute as well as in judicial applications of fair use.

scholarly journals A Pattern-Oriented Approach to Fair Use

2017 ◽  
Author(s):  
Michael J Madison
Keyword(s):  
Social Practices ◽  
Copyright Law ◽  
Fair Use ◽  
Social Implications ◽  
Social Scientists ◽  
The Social ◽  
Case Application ◽  
Use Factors ◽  
Oriented Approach

More than 150 years into development of the doctrine of "fair use" in American copyright law, there is no end to legislative, judicial, and academic efforts to rationalize the doctrine. Its codification in the 1976 Copyright Act appears to have contributed to its fragmentation, rather than to its coherence. This Article suggests that fair use is neither badly conceived nor badly applied, but that it is too often badly understood. As did much of copyright law, fair use originated as a judicially-unacknowledged effort via the law to validate certain favored social practices and patterns. In the main, it has continued to be applied as such, though too often courts mask their implicit validation of these patterns in the now-conventional "case-by-case" application of the statutory fair use "factors" to the defendant's use of the copyrighted work in question. A more explicit acknowledgement of the role of these patterns in fair use analysis is consistent with fair use and copyright policy and tradition. Importantly, it helps to bridge the often-difficult conceptual gap between fair use claims asserted by individual defendants and the social implications of accepting or rejecting those claims. Finally, a pattern-oriented approach is normatively appropriate, when viewed in light of recent research by cognitive psychologists and other social scientists on patterns and creativity. In immediate terms, the approach should lead to a more consistent and predictable fair use jurisprudence. In the longer term, it should enhance the ability of copyright law to promote creative expression.

Why Sociology Matters to Race and Biosocial Science

2020 ◽  
Vol 46 (1) ◽  
pp. 195-214
Author(s):  
Dorothy E. Roberts ◽  
Oliver Rollins
Keyword(s):  
Racial Identity ◽  
Social Life ◽  
Racial Inequality ◽  
Social Practices ◽  
Scientific Study ◽  
The Social ◽  
The Future ◽  
Recent Developments ◽  
Social Algorithms

Recent developments in genetics and neuroscience have led to increasing interest in biosocial approaches to social life. While today's biosocial paradigms seek to examine more fully the inextricable relationships between the biological and the social, they have also renewed concerns about the scientific study of race. Our review describes the innovative ways sociologists have designed biosocial models to capture embodied impacts of racism, but also analyzes the potential for these models normatively to reinforce existing racial inequities. First, we examine how concepts and measurements of difference in the postgenomic era have affected scientific knowledges and social practices of racial identity. Next, we assess sociological investigations of racial inequality in the biosocial era, including the implications of the biological disciplines’ move to embrace the social. We conclude with a discussion of the growing interest in social algorithms and their potential to embed past racial injustices in their predictions of the future.

scholarly journals Techniques of futuring: On how imagined futures become socially performative

2021 ◽  
pp. 136843102098882
Author(s):  
Jeroen Oomen ◽  
Jesse Hoffman ◽  
Maarten A. Hajer
Keyword(s):  
Sociological Theory ◽  
Theoretical Work ◽  
Social Practices ◽  
Social Processes ◽  
The Social ◽  
The Future ◽  
Future 2 ◽  
Relationship Of ◽  
Images Of The Future ◽  
The Relationship

The concept of the future is re-emerging as an urgent topic on the academic agenda. In this article, we focus on the ‘politics of the future’: the social processes and practices that allow particular imagined futures to become socially performative. Acknowledging that the performativity of such imagined futures is well-understood, we argue that how particular visions come about and why they become performative is underexplained. Drawing on constructivist sociological theory, this article aims to fill (part of) this gap by exploring the question ‘how do imagined futures become socially performative’? In doing so, the article has three aims to (1) identify the leading social–theoretical work on the future; (2) conceptualize the relationship of the imagination of the future with social practices and the performance of reality; (3) provide a theoretical framework explaining how images of the future become performative, using the concepts ‘techniques of futuring’ and ‘dramaturgical regime’.

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 Die Verwendung von Bearbeitungen urheberrechtlich geschützter Werke

2019 ◽  
Author(s):  
Eliane Haas
Keyword(s):  
Copyright Law ◽  
Fair Use ◽  
Commercial Use ◽  
The Future ◽  
The Law ◽  
Feasible Solutions ◽  
The Right ◽  
Economic Function

This study deals with the phenomenon of derivative works and the challenges it poses to copyright law. The author shows how the law should meet these challenges in the future; in doing so, she takes a close look at the economic function of copyright law. As a first approach, the author examines whether extensive interpretation of existing Swiss copyright limitations, such as the parody exception or the right to cite, leads to feasible solutions. As a second approach, she outlines and assesses possible solutions de lege ferenda. Her focus here lies on a new exception for creative derivatives, a fair use exception and an exception for non-commercial use for Swiss copyright law.

Zielony depozyt na czarną godzinę. Banki nasion jako miejsca przyszłości

2018 ◽  
Vol 62 (1 (460)) ◽  
pp. 19-32
Author(s):  
Roman Chymkowski ◽  
Agata Koprowicz
Keyword(s):  
Essential Element ◽  
Seed Banks ◽  
Social Practices ◽  
The Social ◽  
The Future ◽  
The Face ◽  
Collective Imagination ◽  
The Individual ◽  
Human Actors ◽  
Probabilistic Nature

The main aim of the article is presentation and operationalization of the concept of the places of the future in the context of seed banks. The future is understood here as a category of collective imagination, which means that the predicted future is an essential element of the present. The anticipated futures act reciprocally upon the social practices, both at the individual and the institution levels. Although, due to social, natural, civilizational and other reasons, the future is not fully predictable, it is semi-open, not-completely closed, it is recognized in the form of systemic thinking, which can be defined as closed. The analysis of the case of seed banks allowed revealing the inevitable gap between the future and systematic anticipation practices. The seed banks established in the face of the anticipated threat of global hunger are a tool for negotiating a possibly beneficial to people scenario for the future, conducted with non-human actors, whose actions are of probabilistic nature.

scholarly journals History as a Process of Learning: its Modern Radicalization

2016 ◽  
Vol 19 (2) ◽  
pp. 15-26
Author(s):  
Zlatyslav Oleksandrovych Dubniak
Keyword(s):  
Social History ◽  
Social Life ◽  
Social Trust ◽  
Social Practices ◽  
Learning Activity ◽  
Necessary Condition ◽  
Sociocultural Environment ◽  
Life Problems ◽  
The Social ◽  
The Future

The aim of this article is to find out the logic of modern sociocultural environment within a historical process (in the context of A. Giddens’, U. Beck’s, P. Sztompka’s and Z. Bauman’s researches). The article deals with a history as a process of permanent learning, and the era of modernity is interpreted as the radicalization of this process. A history of the human community constitutes itself through the constant reproduction and changing of social practices. Each society should be understood as a process, which models of social life are being internalizing, externalizing and changing. So the learning could be described as a fundamental mechanism of social history. The phenomenon of learning means the practice of productive sociocultural creativity. The learning solves the social life problems: it tends to overcome unfeasibility, incoherence and imperfection of social life. Thereby a history as the learning process is directed to increase the human control over the natural and mental environments. Therefore discovering of the modern epoch's specificity as a situation of dynamicity, changeability, plurality, globality of social practices allows to assert that the learning is the engine of social life in contemporaneity. Moreover the life in the era of modernity should be understood as a radical learning. The situation of posttraditionalization and loss of identity requires sociocultural activity so that a society could stably keep the historical course. Such a radical learning, activity could be understood in the modernity as «colonization of the future», in other words as the social trust and the rationalization. Problems of social life in the era of modernity are overcoming by means of the trust and rationalization. In order to ensure control over the natural and the mental environments, an active modern humanity must always deal with the open future. That is to say with the risk and the uncertainty. The ontological security of posttraditional human could be restored only by «colonization of the future», as a necessary condition for further sociocultural construction of reality. In this way contemporary human's understanding of history and the era of modernity is a principal peculiarity of one's social life. It means that the continuity of contemporary social existence is made possible by pointed understanding.

scholarly journals THE ROYAL SOCIETY AND THE PREHISTORY OF PEER REVIEW, 1665–1965

2017 ◽  
Vol 61 (4) ◽  
pp. 863-889 ◽  
Author(s):  
NOAH MOXHAM ◽  
AILEEN FYFE
Keyword(s):  
Peer Review ◽  
Royal Society ◽  
Historical Development ◽  
Social Practices ◽  
Editorial Responsibility ◽  
The Social ◽  
The World ◽  
Learned Societies ◽  
Fit For Purpose ◽  
Eighteenth And Nineteenth Centuries

AbstractDespite being coined only in the early 1970s, ‘peer review’ has become a powerful rhetorical concept in modern academic discourse, tasked with ensuring the reliability and reputation of scholarly research. Its origins have commonly been dated to the foundation of the Philosophical Transactions in 1665, or to early learned societies more generally, with little consideration of the intervening historical development. It is clear from our analysis of the Royal Society's editorial practices from the seventeenth to the twentieth centuries that the function of refereeing, and the social and intellectual meaning associated with scholarly publication, has historically been quite different from the function and meaning now associated with peer review. Refereeing emerged as part of the social practices associated with arranging the meetings and publications of gentlemanly learned societies in the late eighteenth and nineteenth centuries. Such societies had particular needs for processes that, at various times, could create collective editorial responsibility, protect institutional finances, and guard the award of prestige. The mismatch between that context and the world of modern, professional, international science, helps to explain some of the accusations now being levelled against peer review as not being ‘fit for purpose’.

scholarly journals An Interview with Peter Jaszi, Professor of Law, Faculty Director of the Glushko-Samuelson Intellectual Property Clinic

2018 ◽  
Vol 1 (2) ◽  
Author(s):  
Tucker Taylor ◽  
Carla S. Myers ◽  
Andrew Wesolek
Keyword(s):  
Intellectual Property ◽  
Best Practices ◽  
Copyright Law ◽  
Fair Use ◽  
Law Faculty ◽  
The Future

Peter Jaszi, copyright expert, lawyer, professor and author, was interviewed by the editors of the Journal of Copyright in Education and Librarainship on his carreer, influences, and copyright law, including what the future may hold for libraries and copyright. He also discusses the Codes of Best Practices for Fair Use, and gives advice for librarians who work with copyright.

Current Postvention Research and Priorities for the Future

Crisis ◽  
2017 ◽  
Vol 38 (3) ◽  
pp. 202-206 ◽  
Author(s):  
Karl Andriessen ◽  
Dolores Angela Castelli Dransart ◽  
Julie Cerel ◽  
Myfanwy Maple
Keyword(s):  
Social Life ◽  
Online Survey ◽  
Research Priorities ◽  
Future Research ◽  
Physical And Mental Health ◽  
Intercultural Collaboration ◽  
The Social ◽  
The Future ◽  
Suicide Bereavement ◽  
Ethical Approval

Abstract. Background: Suicide can have a lasting impact on the social life as well as the physical and mental health of the bereaved. Targeted research is needed to better understand the nature of suicide bereavement and the effectiveness of support. Aims: To take stock of ongoing studies, and to inquire about future research priorities regarding suicide bereavement and postvention. Method: In March 2015, an online survey was widely disseminated in the suicidology community. Results: The questionnaire was accessed 77 times, and 22 records were included in the analysis. The respondents provided valuable information regarding current research projects and recommendations for the future. Limitations: Bearing in mind the modest number of replies, all from respondents in Westernized countries, it is not known how representative the findings are. Conclusion: The survey generated three strategies for future postvention research: increase intercultural collaboration, increase theory-driven research, and build bonds between research and practice. Future surveys should include experiences with obtaining research grants and ethical approval for postvention studies.

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