scholarly journals Copyright's Excess

2020 ◽  
Vol 6 (1) ◽  
pp. 1-4
Author(s):  
Saurabh Vishnubhakat

The focal point of this symposium is COPYRIGHT’S EXCESS, Glynn Lunney’s thoughtful and trenchant critique of copyright law’s effects on the U.S. recording industry. Before delving into the book’s contribution and into the chorus of scholarly replies that it has inspired, it first bears mention that both the book and its author share a cardinal strength: practicality. As Professor Lunney’s colleague at Texas A&M, I have heard him remark more than once that each of his three fields of formal study—engineering, then law, and eventually economics—is ultimately concerned with solving problems. Problem solving is also the basic template of COPYRIGHT’S EXCESS. If a principal aim of copyright law in the United States is to encourage the creation of new works, and if the scope and duration of our copyright protection have systematically grown since the Founding, then here immediately we have specified our problem and described our long-accepted solution. But has it really been a solution?

2019 ◽  
Vol 14 (2) ◽  
pp. 218-242 ◽  
Author(s):  
Laura Gasca Jiménez ◽  
Maira E. Álvarez ◽  
Sylvia Fernández

Abstract This article examines the impact of the anglicizing language policies implemented after the annexation of the U.S. borderlands to the United States on language use by describing the language and translation practices of Spanish-language newspapers published in the U.S. borderlands across different sociohistorical periods from 1808 to 1930. Sixty Hispanic-American newspapers (374 issues) from 1808 to 1980 were selected for analysis. Despite aggressive anglicizing legislation that caused a societal shift of language use from Spanish into English in most borderland states after the annexation, the current study suggests that the newspapers resisted assimilation by adhering to the Spanish language in the creation of original content and in translation.


2019 ◽  
Vol 30 (3) ◽  
pp. 111-120 ◽  
Author(s):  
Phyllis A. Cummins ◽  
Takashi Yamashita ◽  
Roberto J. Millar ◽  
Shalini Sahoo

Automation and advanced technologies have increased the need for a better understanding of the skills necessary to have a globally competitive workforce. This study used data from the Program for the International Assessment of Adult Competencies to compare problem-solving skills in technology-rich environments among adults in South Korea, Germany, Singapore, Japan, Canada, Estonia, the United Kingdom, the United States, and Australia. Overall, the United States had the lowest scores among all countries, and in all countries scores declined with age. The United States had higher proportions of survey participants in the lowest skill category and lower proportions in the top-skill categories. The results of this study suggest changes in the U.S. educational and lifelong learning systems, and policies may be necessary to ensure all adults have the necessary skills in a competitive workforce.


2007 ◽  
Vol 7 (1-2) ◽  
pp. 1-25 ◽  
Author(s):  
Brian Wiley ◽  
C. Dominik Güss

AbstractMetacognition, the observation of one's own thinking, is a key cognitive ability that allows humans to influence and restructure their own thought processes. The influence of culture on metacognitive strategies is a relatively new topic. Using Antonietti's, Ignazi's and Perego's questionnaire on metacognitive knowledge about problem-solving strategies (2000), five strategies in three life domains were assessed among student samples in Brazil, India, and the United States (N=317), regarding the frequency, facility, and efficacy of these strategies. To investigate cross-cultural similarities and differences in strategy use, nationality and uncertainty avoidance values were independent variables. Uncertainty avoidance was expected to lead to high frequency of decision strategies. However, results showed no effect of uncertainty avoidance on frequency, but an effect on facility of metacognitive strategies. Comparing the three cultural samples, all rated analogy as the most frequent strategy. Only in the U.S. sample, analogy was also rated as the most effective and easy to apply strategy. Every cultural group showed a different preference regarding what metacognitive strategy was most effective. Indian participants found the free production strategy to be more effective, and Indian and Brazilian participants found the combination strategy to be more effective compared to the U.S. participants. As key abilities for the five strategies, Indians rated speed, Brazilians rated synthesis, and U.S. participants rated critical thinking as more important than the other participants. These results reflect the embedded nature and functionality of problem solving strategies in specific cultural environments. The findings will be discussed referring to an eco-cultural framework.


Peyote Effect ◽  
2018 ◽  
pp. 169-176
Author(s):  
Alexander S. Dawson

We begin the book’s conclusion with the juxtaposition of two different stories of peyotism: the creation of an ecotourism business featuring Wixárika peyotism in Potrero de la Palmita, Nayarit, in 2010 and the short history of an African American peyotist church in Tulsa, Oklahoma, in the 1920s. The former is licit, enjoying support by a state committed to economic development, while the latter faced constant threats from the police before collapsing, in part due to its members’ fear of arrest. These two stories remind us of the central roles that place and time play in the history of peyotism across the U.S.-Mexican border, but they also force us to consider the ways that ideas about race have informed the battles over peyote in Mexico and the United States. Particularly striking is the fact that the racial prohibitions enacted by the Spanish Inquisition resonate with current law. Also notable is the fact that Mexicans and Americans have deployed similar ideas about race over time in their battles over peyote. This speaks to the underlying anxieties that indigeneity evokes in both societies, as well as the role that indigenous subjects have played in the creation of whiteness in both the United States and Mexico.


2009 ◽  
Vol 4 (1) ◽  
pp. 21
Author(s):  
Kurt Blythe

A Review of: Joint, Nicholas. “Is Digitisation the New Circulation?: Borrowing Trends, Digitisation and the nature of reading in US and UK Libraries.” Library Review 57.2 (2008): 87-95. Objective – To discern the statistical accuracy of reports that print circulation is in decline in libraries, particularly higher education libraries in the United States (U.S.) and United Kingdom (U.K.), and to determine if circulation patterns reflect a changing dynamic in patron reading habits. Design – Comparative statistical analysis. Setting – Library circulation statistics from as early as 1982 to as recent as 2006, culled from various sources with specific references to statistics gathered by the National Endowment for the Arts (NEA), the Library and Information Statistics Unit (LISU), the Association of Research Libraries (ARL), the National Center for Education Statistics (NCES), and the Association of College and Research Libraries (ACRL). Subjects – Higher education institutions in the United States and United Kingdom, along with public libraries to a lesser extent. Methods – This study consists of an analysis of print circulation statistics in public and higher education libraries in the U.S. and U.K., combined with data on multimedia circulation in public libraries and instances of digital access in university libraries. Specifically, NEA statistics provided data on print readership levels in the U.S. from 1982 to 2002; LISU statistics were analyzed for circulation figures and gate counts in U.K. public libraries; ARL statistics from 1996 to 2006 provided circulation data for large North American research libraries; NCES statistics from 1990 to 2004 contributed data on circulation in “tertiary level” U.S. higher education libraries; and ACRL statistics were analyzed for more circulation numbers for U.S. post-secondary education libraries. The study further includes data on U.K. trends in print readership and circulation in U.K. higher education libraries, and trends in U.S. public library circulation of non-print materials. Main Results – Analysis of the data indicates that print circulation is down in U.S. and U.K. public libraries and in ARL-member libraries, while it is up in the non-ARL higher education libraries represented and in UK higher education libraries. However, audio book circulation in U.S. public libraries supplements print circulation to the point where overall circulation of book materials is increasing, and the access of digital literature supplements print circulation in ARL-member libraries (although the statistics are difficult to measure and meld with print circulation statistics). Essentially, the circulation of book material is increasing in most institutions when all formats are considered. According to the author, library patrons are reading more than ever; the materials patrons are accessing are traditional in content regardless of the means by which the materials are accessed. Conclusion – The author contends that print circulation is in decline only where digitization efforts are extensive, such as in ARL-member libraries; when digital content is factored into the equation the access of book-type materials is up in most libraries. The author speculates that whether library patrons use print or digital materials, the content of those materials is largely traditional in nature, thereby resulting in the act of “literary” reading remaining a focal point of library usage. Modes of reading and learning have not changed, at least insofar as these things may be inferred from studying circulation statistics. The author asserts that digital access is favourable to patrons and that libraries should attempt to follow the ARL model of engaging in large-scale digitization projects in order to provide better service to their patrons; the author goes on to argue that U.K. institutions with comparable funding to ARLs will have greater success in this endeavour if U.K. copyright laws are relaxed.


2014 ◽  
Vol 2 (2) ◽  
pp. 141
Author(s):  
Sandra Tanenbaum

In their editorial introduction to an earlier issue of the International Journal of Person-Centered Medicine, Miles and Mezzich cite positive developments in the United States and United Kingdom. The creation, in the U.S., of the Patient-Centered Outcomes Research Institute (PCORI) is rightly portrayed by these authors as focusing serious attention on the needs of patients for meaningful information about their medical care. PCORI is in some ways--for example, in its apparent commitment to stakeholder engagement and methodological innovation - a departure from earlier public and private efforts to create an evidence base for medical practice. On the other hand, PCORI’s roots and much of the current discourse about its future reflect a residual hold by evidence-based medicine (EBM) on healthcare research and policy-making. First, PCORI was established primarily to promote the conduct of CER, the appetite for which derived from the demand for effectiveness research generally. Second, the patient-centeredness of PCORI is manifest primarily in the conduct of research rather than the process of care. Third, patient-centeredness is commonly taken to refer to patients as a group - as opposed to, say, physicians or researchers as a group -rather than to individual patients. Fourth, it will be difficult and expensive for PCORI to attend to heterogeneity of treatment effects. Fifth and perhaps most important, the creation of PCORI is contemporaneous with other, countervailing, developments in the U.S. healthcare system.


1975 ◽  
Vol 3 (3) ◽  
pp. 185-197
Author(s):  
Julius J. Marke

In 1955, Congress commissioned the U.S. Copyright Office to initiate studies on the possibility of a revised copyright law. Thereafter the Copyright Office issued 34 scholarly reports on the various facets of the problem involved. These reports became the basis for copyright revision legislation in the Congress.


2018 ◽  
pp. 111-138
Author(s):  
Sarah Jones Weicksel

This chapter describes civilians' efforts to protect themselves against looting, burying their possessions or, in the case of women in the U.S. South, going so far as to hide them under their hoop skirts in specially designed pockets. The threat of looting had profound effects on the material world, resulting in not only the movement of thousands of people and their possessions but also the creation—and creative reuse—of objects that were designed to prevent the loss of one's monetary and emotional valuables. In addition, human property and movable property were linked because the looting of houses by Northern troops and enslaved people's self-emancipation often occurred in tandem. Ultimately, acts of theft, fear of looting, and the stolen objects themselves performed powerful cultural work in the United States during and after the Civil War.


2018 ◽  
Vol 79 (10) ◽  
pp. 571
Author(s):  
Kyle K. Courtney

U.S. copyright law has a unique place in the world regarding federal works and copyright. Federal copyright law states that “Copyright protection under this title is not available for any work of the United States Government.”1 This is a broad and clear statement that works of the federal government are in the public domain and are free for use by all.


Leonardo ◽  
2003 ◽  
Vol 36 (1) ◽  
pp. 65-68 ◽  
Author(s):  
Stephen Eskilson

The most successful early-20th-century artist of colored light in the United States was undoubtedly Thomas Wilfred (1889–1968). In the 1920s, his “Lumia” compositions were praised by art critics and performed throughout the U.S. After initially embracing a musical analogy to explain Lumia, in the early 1930s he shifted to an analogy based on painting. In pursuit of this new context, Wilfred sought to legitimize Lumia through a relationship with the Museum of Modern Art in New York. His career is emblematic of the difficulties inherent in the creation of art using technology early in the 20th century, years before the postmodern embrace of pluralism.


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