scholarly journals Some Optimism About Fair Use and Copyright Law

Author(s):  
Michael J Madison

This short paper reflects on the emergence of codes of best practices in fair use, highlighting both the relationship between the best practices approach and an institutional perspective on copyright and the relationship between the best practices approach and social processes of innovation and creativity.

Author(s):  
Tucker Taylor ◽  
Carla S. Myers ◽  
Andrew Wesolek

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.


Think India ◽  
2019 ◽  
Vol 22 (1) ◽  
pp. 51-59
Author(s):  
Priyanka ◽  
Ipshita Bansal

As per the current condition of environment degradation, most of the higher education institutions are working on making the campus green and implementing sustainability in curriculum as well as working of institution. The current study focuses on green management of campuses of private universities of Haryana on operational aspect of institution and determine the best practices that were adopted and should be adopted in order to implement sustainability processes. Green management means the integration of principle of Management and environment management that form the relationship between environment and management. The data is collected from, private universities of Haryana through studying the documents, website and interview of competent authority of universities. Based on the research, concept of green campus has been purposed which involve the smart sharing of resources, development of green buildings and reducing the use of transportation and carbon footprints. In addition, the study also conclude that sustainability and green management should be made the integral part of the attitude of students, scholars and staff members for making the campus green. So, the best practices should be adopted across various area of institution for making the environment sustainable green campus and forming the positive attitude of students and staff members towards sustainability.


Author(s):  
Alex Perullo

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.


Author(s):  
Anthea Kraut

This chapter juxtaposes brief case studies of African American vernacular dancers from the first half of the twentieth century in order to reexamine the relationship between the ideology of intellectual property law and the traditions of jazz and tap dance, which rely heavily on improvisation. The examples of the blackface performer Johnny Hudgins, who claimed a copyright in his pantomime routine in the 1920s, and of Fred and Sledge, the class-act dance duo featured in the hit 1948 musical Kiss Me, Kate, whose choreography was copyrighted by the white modern dancer Hanya Holm, prompt a rethinking of the assumed opposition between the originality and fixity requirements of copyright law and the improvisatory ethos of jazz and tap dance. Ultimately, the chapter argues that whether claiming or disavowing uniqueness, embracing or resisting documentation, African American vernacular dancers were both advantaged and hampered by copyright law.


Author(s):  
Rev George Handzo ◽  
Rev Brian Hughes

Gomez and her colleagues have presented a helpful study of the relationship of the chaplains in her health system to physicians which highlights several barriers to a well-integrated relationship and thus to more optimal patient care. We have seen these same barriers as we have consulted with health systems nationally and have also identified many best practices that mediate or even eliminate many of these barriers. This commentary describes some of what we have seen as chaplain-generated causes of those barriers and effective strategies that have been employed to overcome them. We also provide some resources for chaplains who wish to institute some of these best practices themselves.


2018 ◽  
Vol 33 (4) ◽  
pp. 799-826 ◽  
Author(s):  
Hadyu Ikrami

Abstract On 19 June 2017, Indonesia, Malaysia, and the Philippines launched the Sulu-Sulawesi Seas Patrol (SSSP), a framework of maritime security cooperation aimed at protecting the Sulu Sea and Sulawesi (Celebes) Sea from maritime crimes. The three nations had announced that their cooperation might be modelled on the Malacca Straits Patrol (MSP), a similar form of cooperation between Indonesia, Malaysia, Singapore, and Thailand to safeguard the Straits of Malacca and Singapore. This article primarily compares both cooperative frameworks, and argues that the SSSP should be modelled on the MSP, subject to certain conditions. Where there are insufficient best practices in the MSP, this article contrasts the SSSP with other similar cooperative frameworks, including the Combined Maritime Forces and the ECOWAS Integrated Maritime Strategy. In addition, this article also discusses the relationship between the SSSP and MSP on one hand, and the ASEAN maritime security mechanisms on the other hand.


Author(s):  
Ekaterina Olegovna Tumanovskaya ◽  

The article considers the relationship of physical education of children with disabilities to the degree of socialization in social processes, describes the features of adaptive physical education, describes the game method as the most used in the physical education of children with disabilities


2020 ◽  
pp. 111-124
Author(s):  
Lea Shaver

This chapter analyzes the nuances of the copyright law book, such as translating a book into another language for academic use, adapting a famous book to make it more multicultural, or cheaply photocopying a book to give away to low-income families. Copyright exceptions are sometimes quite specific and clearly defined, while others are open-ended and subject to broad interpretation. It talks about the doctrine of “fair use” in America. Contrary to popular belief, the fact that something is widely done is no assurance that it is legally recognized as fair use. The chapter also provides a hypothetical situation in order to illustrate how the fair use doctrine might apply to a potential non-profit publishing project to address book hunger.


2017 ◽  
Author(s):  
Michael J Madison

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.


2021 ◽  
Vol 55 (3) ◽  
pp. 908-929
Author(s):  
Ilija Kajtez ◽  
Srđan Starčević

The paper analyzes the sociological works of Todor Pavlović, with the aim of presenting his basic social ideas and checking the relevance of his conclusions about the relationship between social development and military organization. A special focus is placed on Pavlović's explanation of the development of military organization, within which the position of dialectical materialism about the influence of war technique on army organization and tactics is refuted. This sets Pavlović apart from other Serbian and Yugoslav sociologists of the 20th century who studied the army, and anticipates new sociological views on the relationship between technical achievements and the organization of social processes. Basic analytical and synthetic methods, content analysis as well as biographical and comparative methods were used.


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