scholarly journals Complexity and Copyright in Contradiction

2017 ◽  
Author(s):  
Michael J Madison
Keyword(s):  
Land Use ◽  
First Amendment ◽  
Physical World ◽  
Copyright Law ◽  
Architectural Theory ◽  
Deliberate Play ◽  
Digital Engineering

The title of the article is a deliberate play on architect Robert Venturi's classic of post-modern architectural theory, Complexity and Contradiction in Architecture. The article analyzes metaphorical 'architectures' of copyright and cyberspace using architectural and land use theories developed for the physical world. It applies this analysis to copyright law through the lens of the First Amendment. I argue that the 'simplicity' of digital engineering is undermining desirable 'complexity' in legal and physical structures that regulate expressive works.

The $12,000 Tweet: A Collision at the Intersection of Social Media and Copyright Law

2020 ◽  
pp. 155545892096485
Author(s):  
Barbara Hickman
Keyword(s):  
Professional Development ◽  
Social Media ◽  
School Districts ◽  
First Amendment ◽  
Freedom Of Speech ◽  
Copyright Law ◽  
Federal Regulations ◽  
Copyright Violation ◽  
Legal Challenges ◽  
Use Of Social Media

The use of social media may be contributing to violations of copyright law and can create legal challenges for school districts trying to balance ease of communication and First Amendment freedom of speech rights against compliance with federal regulations. In this case, a district is threatened with a lawsuit for copyright violation when one of the employees retweets a trademarked phrase. The case explores how school districts monitor copyright law, issues surrounding social media accounts for teachers and other employees such as coaches, the district’s liability for what is shared on those accounts, professional development, and possible board and district responses.

scholarly journals The Lawyer as Legal Scholar

2003 ◽  
Vol 65 (1) ◽  
Author(s):  
Michael J. Madison
Keyword(s):  
First Amendment ◽  
Copyright Law ◽  
Full Time ◽  
Legal Scholar ◽  
Review Articles ◽  
Ucla School ◽  
Legal Writing ◽  
Regulation Policy ◽  
Law Professors ◽  
Student Audience

Law professors love to talk about themselves. Rarely is this more evident than when they have a student audience. It is surprising, therefore, that only now has a full-time legal scholar, dedicated primarily to matters other than the topic of writing itself, produced an entire book of advice for the student scholar. InAcademic Legal Writing: Law Review Articles, Student Notes, and Seminar Papers, Eugene Volokh, who teaches the law of the First Amendment, copyright law, and firearms regulation policy at the UCLA School of Law, has delivered an engaging, witty, and extremely useful book for the aspiring student note and article writer that is based, it clearly appears, on the model of scholarship that Volokh himself has so successfully pursued.

scholarly journals Freedom of Speech and Injunctions in Intellectual Property Cases

2016 ◽  
Author(s):  
Mark Lemley
Keyword(s):  
Intellectual Property ◽  
First Amendment ◽  
Due Process ◽  
Freedom Of Speech ◽  
Copyright Law ◽  
Fair Use ◽  
Irreparable Harm ◽  
Commercial Advertising ◽  
The One ◽  
Prior Restraint

Preliminary injunctions against libel, obscenity, and other kinds of speechare generally considered unconstitutional prior restraints. Never mind thata libel may inflict truly irreparable harm on you: The most you can hopefor is damages, or perhaps a permanent injunction after final adjudication-- not preliminary relief.And yet in copyright and other intellectual property cases, preliminaryinjunctions are routine. We argue that the prior restraint doctrine hassomething to say about that, too. Though copyright law (like libel andobscenity law), is a constitutionally permissible speech restriction, the"First Amendment Due Process" rule against prior restraints applies even tosuch permissible restrictions.We argue that preliminary injunctions in copyright cases are generallyunconstitutional; the one exception is cases where there's no controversyover substantial similarity of expression or fair use (for instance, wherethe question turns only on whether defendant had the requisite license). Wealso argue the same about right of publicity cases, trademark cases, andtrade secret cases, except possibly cases (such as many trademark cases)that involve commercial advertising. We believe this conclusion is dictatedby the Court's prior restraint doctrine, and also makes good FirstAmendment policy sense.

scholarly journals 3D CITYLUR: MODELLING 3D CITY LAND-USE REGULATIONS TO SUPPORT ISSUING A PLANNING PERMIT

2021 ◽  
Vol VIII-4/W2-2021 ◽  
pp. 113-120
Author(s):  
S. Emamgholian ◽  
J. Pouliot ◽  
D. Shojaei
Keyword(s):  
Land Use ◽  
Open Space ◽  
Physical World ◽  
Boundary Representation ◽  
Geometric Modelling ◽  
Information Need ◽  
Land Use Regulations ◽  
Building Height ◽  
Gis Environment ◽  
Modelling Approaches

Abstract. The applications and understanding of Land-use Regulations (LuR) are more communicable when they are linked to the digital representation of the physical world. In order to support issuing a planning permit and move towards the establishment of automated planning permit checks, this paper investigates how LuRs related to a planning permit process can be modelled in 3D called 3D CityLuR. 3D CityLuR serves as a 3D model for representing LuRs’ legal extents on a city scale. It is formed based on multiple geometric modelling approaches representing LuRs, which can provide a better cognitive understanding of LuRs and subsequently facilitate LuR automatic checks. To this purpose, according to LuRs’ descriptions and characteristics explained in related planning documents, key parameters representing LuRs’ extent are identified (e.g. maximum distance in overlooking or maximum allowed height in building height regulations). Accordingly, to automatically model each LuR, a geometric modelling approach (e.g. Boundary Representation (B-Rep), CSG, and extrusion) that best fits with the identified key parameters is proposed. In addition, to combine 3D CityLuR with an integrated BIM-GIS environment, the level of information need in terms of geometries and semantics is specified. Finally, the paper results in a showcase for five LuRs including building height, energy efficiency protection, overshadowing open space, overlooking, and noise impacts regulations. The showcase is a proof of concept for determining how these LuRs can be modelled in 3D and combined with 3D city models based on the selected geometric modelling approaches, identified parameters, and level of information need.

How Ontology Saved Free Speech in Cyberspace

1998 ◽  
pp. 64-69
Author(s):  
Julie Van Camp
Keyword(s):  
United States ◽  
Supreme Court ◽  
First Amendment ◽  
Free Speech ◽  
United States Supreme Court ◽  
The United States ◽  
Physical World ◽  
The Internet ◽  
United States Supreme ◽  
The Supreme Court

Reno v. ACLU, the 1997 landmark decision by the United States Supreme Court providing sweeping protection to speech on the Internet, is usually discussed in terms of familiar First Amendment issues. Little noticed in the decision is the significance of the ontological assumptions of the justices in their first visit to cyberspace. I analyze the apparent awareness of the Supreme Court of ontological issues and problems with their approaches. I also argue that their current ontological assumptions have left open the door to future suppression of free speech as the technology progresses. Ontology is significant because zoning in the physical world has long been recognized as a way to segregate "adult" entertainment from minors. So far, at least, the justices seem to agree that such zoning is not possible in cyberspace, and therefore that adult zones for certain forms of expression are not possible. But this conclusion is far from settled. The degree of free speech on the Internet in the future will depend on whether or not our ontological understanding of cyberspace supports such zoning or renders it incoherent or impossible.

scholarly journals Peter Eisenman and the possibility of an aesthetic formalism

2019 ◽  
Vol 11 (3) ◽  
pp. 543-552
Author(s):  
Amund Rolfsen
Keyword(s):  
Human Subject ◽  
Formal Language ◽  
Physical World ◽  
Architectural Theory ◽  
Human Beings ◽  
The Core ◽  
Spatial Properties ◽  
Peter Eisenman ◽  
Aesthetic Formalism

Formal considerations constitute the core aspect of Peter Eisenman's work. Arguably, they are the only consistent theme of his work, and are based on the concept that architecture is a mediation between the embodied internal world of human beings and the external physical world which we inhabit. Eisenman thus gives form a 'conceptual' rather than perceptual basis, whereby universal formal relationships are more important than sensual aspects. This leaves architecture as a syntactic operation based on reason and logic, with apparent formal relationships as is its main justification. The understanding and development of an inherent formal language becomes the main goal in such an approach, and meaning is disregarded in its extrinsic character with a reference to social, historical or other representational traits. In this paper I am discussing Eisenman's views on architectural formalism through the scope of aesthetics. Since he disregarded aesthetic considerations throughout his career, especially beauty, it is fruitful to explore and examine his stance on the properties of architecture as a way to justify his claims of formal primacy. I am basing my analysis on Nick Zangwill's formalist theories, and thus giving primacy to the formal-spatial properties of the architectural object as being judged by the human subject. This could bring back the discussions of formalist aesthetics to architectural theory and makes the judgment of architectural quality a formal issue.

Understanding Copyright Law

ASHA Leader ◽  
2004 ◽  
Vol 9 (16) ◽  
pp. 6-19
Author(s):  
Jennifer Horner
Keyword(s):  
Copyright Law
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