Digital Libraries, Copyright Limitations, and Access for Purposes of Subsequent Academic Publishing

2017 ◽  
pp. 256-278
Author(s):  
Pedro Pina
Keyword(s):  
Public Interest ◽  
Digital Libraries ◽  
Scientific Research ◽  
Fair Use ◽  
Academic Publishing ◽  
Economic Interests ◽  
The Public ◽  
Digital Copyright ◽  
European Union Legislation ◽  
Internal Balance

The chapter aims to analyse the current European Union legislation on digital copyright from the perspective of the public interest in scientific research, by studying the digital exclusive rights framework granted to creators and to database owners and by contraposing it with the foreseen narrow field of public interest based limitations on exclusive rights. Concepts like digital libraries, fair use and limitations on exclusive rights, tpm and drm, copyleft and free/open source contents is analysed. The chapter concludes by identifying the necessity of a redefinition of a new internal balance of copyright law which can respect authors' and database owners' legitimate economic interests and simultaneously promote the dissemination and the access to works for scientific research and publishing purposes and the renewal of the creative cycle.

Digital Libraries, Copyright Limitations, and Access for Purposes of Subsequent Academic Publishing

2020 ◽  
pp. 324-341
Author(s):  
Pedro Pina
Keyword(s):  
Public Interest ◽  
Digital Libraries ◽  
Scientific Research ◽  
Fair Use ◽  
Academic Publishing ◽  
Economic Interests ◽  
The Public ◽  
Digital Copyright ◽  
European Union Legislation ◽  
Internal Balance

The chapter aims to analyse the current European Union legislation on digital copyright from the perspective of the public interest in scientific research, by studying the digital exclusive rights framework granted to creators and to database owners and by contraposing it with the foreseen narrow field of public interest based limitations on exclusive rights. Concepts like digital libraries, fair use and limitations on exclusive rights, tpm and drm, copyleft and free/open source contents is analysed. The chapter concludes by identifying the necessity of a redefinition of a new internal balance of copyright law which can respect authors' and database owners' legitimate economic interests and simultaneously promote the dissemination and the access to works for scientific research and publishing purposes and the renewal of the creative cycle.

Technische Universitaät Darmstadt v. Eugen Ulmer KG

2015 ◽  
Vol 109 (1) ◽  
pp. 161-167
Author(s):  
Anne-Marie Carstens
Keyword(s):  
Intellectual Property Rights ◽  
Public Interest ◽  
The United States ◽  
Fair Use ◽  
The European Union ◽  
The Public ◽  
Court Of Justice ◽  
International Attention ◽  
International Obligations ◽  
Mass Digitization

In Technische Universität Darmstadt v. Eugen Ulmer KG, the Court of Justice of the European Union (ECJ or Court) addressed several important copyright issues stemming from a practice that continues to confound many legal practitioners and adjudicators: the mass digitization of library collections. The judgment adds to an emerging body of jurisprudence decided in the context of a trend toward greater digitization that could ultimately facilitate the development of a global, digital library. To date, the jurisprudence has largely been formed by cases challenging mass digitization that are percolating through the United States courts and have attracted international attention and criticism. The ECJ decision thus provides an important point of reference for evaluating how different jurisdictions balance the rights of authors against the public interest, as served by relevant fair use exceptions consistent with their international obligations under traditional copyright treaties, the 1996 WIPO Copyright Treaty, and the 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) applicable to all WTO member states.

Massive Digital Libraries (MDLs)

2019 ◽  
pp. 476-488
Author(s):  
Andrew Philip Weiss
Keyword(s):  
Digital Libraries ◽  
Fair Use ◽  
Source Material ◽  
Internet Archive ◽  
The Public ◽  
Brick And Mortar ◽  
Google Books ◽  
Print Books ◽  
Mass Digitization ◽  
The Impact

Massive digital library (MDL) is a term coined to define a class of digital libraries gathering mass-digitized print books and monographs, which rival the size of brick-and-mortar libraries. Specific examples of MDLs, including Google Books, HathiTrust, DPLA, Internet Archive, et al., are presented. The issues raised by MDLs include mass-aggregation of digital content and the ability to maintain source-material accuracy and veracity; copyright, fair use, and the mass-digitization of materials not in the public domain; and disparities in the level of diversity, especially with regard to Spanish-language, Japanese-language, and Hawaii-Pacific materials. Finally, the impact of MDLs on Digital Humanities, especially with regard to the Google Books digital corpus and the Google Ngram Viewer, will be investigated.

Intellectual Property Issues for Digital Libraries at the Intersection of Law, Technology, and the Public Interest

2011 ◽  
pp. 294-341
Author(s):  
Dionysia Kallinikou ◽  
Marinos Papadopoulos ◽  
Alexandra Kaponi ◽  
Vassiliki Strakantouna
Keyword(s):  
Intellectual Property ◽  
Public Interest ◽  
Digital Libraries ◽  
Legal Issues ◽  
Property Law ◽  
Intellectual Property Law ◽  
The Public ◽  
Creative Commons ◽  
Alternative Proposal ◽  
Database Protection

The development of Digital libraries and repositories, a worldwide vision with enormous political and ideological importance for humanity, in an effort to approach cultures and preserve plurality and diversity, is directly affected by the provisions of Intellectual Property Law and is subject to the consideration of innovation through legislation. Legal issues such as these related to software use, database protection, the collection, digitization, archiving, and distribution of protected works are of outmost importance for the operation and viability of Digital libraries and repositories. In this chapter, the authors focus upon some of these legal issues and consider an alternative proposal in respect of Intellectual Property law for open access to creative works furnished to the public through Digital libraries and repositories. The alternative proposal pertains to the use of the Creative Commons licenses as a legal means to enhance Openness for Digital libraries.

The Role of the Directors

2021 ◽  
pp. 125-194
Author(s):  
Eva Micheler
Keyword(s):  
Public Interest ◽  
Company Law ◽  
Economic Interests ◽  
Financial Reports ◽  
The Public ◽  
Company Directors ◽  
The Board Of Directors ◽  
The Law ◽  
The Uk

This chapter describes the role of the directors. The duties of the directors are owed to the company and while the shareholders are the primary indirect beneficiaries of those duties, the law integrates the interests of creditors and also of wider society. The law is primarily focused on ensuring compliance with the Companies Act and the constitution rather than with the enhancement of economic interests. The Company Directors Disqualification Act 1986 serves as a mechanism through which the public interest is integrated into company law, while the UK Corporate Governance Code adds a further procedural dimension to the operation of the board of directors. The chapter then looks at how the idea of designing remuneration in a way that guides the directors to act either for the benefit of the shareholder or for the benefit of the company is flawed and has served as a motor justifying increasing rewards without bringing about commensurate increases in performance. It also analyses the duties of the directors to keep accounting records and to produce financial reports.

Google’s Private Copyright Rule-Making and Algorithmic Enforcement

Google Rules ◽  
2020 ◽  
pp. 117-134
Author(s):  
Joanne Elizabeth Gray
Keyword(s):  
Public Interest ◽  
The Public ◽  
Digital Copyright ◽  
The Past ◽  
Private Interests ◽  
Regulatory Systems ◽  
Public Rights ◽  
Private Actors ◽  
Copyright Enforcement ◽  
Rule Making

This chapter evaluates Google’s approach to copyright enforcement across its own platforms. Increasingly, Google self-regulates and negotiates with rightsholders to privately devise copyright rules. Google then deploys algorithmic regulatory technologies to enforce those rules. Indeed, over the past decade, Google has developed a range of algorithmic tools it uses to deter copyright infringement, enforce copyrights, and remunerate rightsholders. These activities limit transparency and accountability in digital copyright governance and privilege private interests and values over the public interest. In a digital environment dominated by powerful private actors, the use of algorithmic regulatory systems poses a critical problem for public rights and democratic, accountable systems of governance, now and into the future.

scholarly journals Contesting algorithms: Restoring the public interest in content filtering by artificial intelligence

2020 ◽  
Vol 7 (2) ◽  
pp. 205395172093229
Author(s):  
Niva Elkin-Koren
Keyword(s):  
Artificial Intelligence ◽  
Public Interest ◽  
Hate Speech ◽  
Fair Use ◽  
Content Filtering ◽  
The Public ◽  
Intelligence System ◽  
Dramatic Shift ◽  
The Public Sphere ◽  
Democratic Principles

In recent years, artificial intelligence has been deployed by online platforms to prevent the upload of allegedly illegal content or to remove unwarranted expressions. These systems are trained to spot objectionable content and to remove it, block it, or filter it out before it is even uploaded. Artificial intelligence filters offer a robust approach to content moderation which is shaping the public sphere. This dramatic shift in norm setting and law enforcement is potentially game-changing for democracy. Artificial intelligence filters carry censorial power, which could bypass traditional checks and balances secured by law. Their opaque and dynamic nature creates barriers to oversight, and conceals critical value choices and tradeoffs. Currently, we lack adequate tools to hold them accountable. This paper seeks to address this gap by introducing an adversarial procedure— – Contesting Algorithms. It proposes to deliberately introduce friction into the dominant removal systems governed by artificial intelligence. Algorithmic content moderation often seeks to optimize a single goal, such as removing copyright-infringing materials or blocking hate speech, while other values in the public interest, such as fair use or free speech, are often neglected. Contesting algorithms introduce an adversarial design which reflects conflicting values, and thereby may offer a check on dominant removal systems. Facilitating an adversarial intervention may promote democratic principles by keeping society in the loop. An adversarial public artificial intelligence system could enhance dynamic transparency, facilitate an alternative public articulation of social values using machine learning systems, and restore societal power to deliberate and determine social tradeoffs.

Some Late Nineteenth Century Perspectives on Sex and Emotional Expression

2000 ◽  
Vol 86 (2) ◽  
pp. 575-585 ◽  
Author(s):  
Ellen B. Braaten ◽  
Wayne Viney
Keyword(s):  
Nineteenth Century ◽  
Sex Differences ◽  
Emotional Expression ◽  
Public Interest ◽  
Scientific Research ◽  
Popular Literature ◽  
Popular Media ◽  
Late Nineteenth Century ◽  
The Public ◽  
Late Nineteenth

A review of nineteenth century popular literature indicates a deep and sustained public interest in sex differences in emotional expression. The conclusions advanced by popular writers included a catalog of perceived sex differences, reinforced by an essentialist philosophy that provided justification for the separation of sexual spheres and restrictions on political, educational, and vocational opportunities for women. Current scientific research on sex differences appears in popular media and is often presented in the context of an essentialist philosophy comparable with that which was dominant in the nineteenth century. Unfortunately, the subtleties and complexities of sex differences are not always communicated to the public and there is thus a potential for misinterpretation or even misuse.

scholarly journals PENERAPAN DOKTRIN FAIR USE TERHADAP PEMANFAATAN HAK CIPTA PADA PLATFORM DIGITAL SEMASA COVID 19 DI INDONESIA

2021 ◽  
Vol 13 (1) ◽  
pp. 130-148
Author(s):  
Rika Ratna Permata ◽  
Tasya Safiranita ◽  
Yuliana Utama ◽  
Reihan Ahmad Millaudy
Keyword(s):  
United States ◽  
Public Interest ◽  
The United States ◽  
Fair Use ◽  
Internet Archive ◽  
Digital Platforms ◽  
The Public ◽  
Potential Market ◽  
Legitimate Interests ◽  
Almost All

The Covid-19 pandemic has resulted in more people doing activities from home, so almost all activities are carried out online, including for educational activities. The problems on this research are how the comparison between fair use regulations in Indonesia and in the United States during the pre-Covid-19 pandemic? How the regulations of the doctrine of fair use to anticipate the occurrence of a new phenomenon regarding the use of copyright on digital platforms during and/or after the Covid-19 pandemic? The method used in writing this law is a normative juridical method. The results of the study conclude that Fair use rules in Indonesia already regulate that fair use will not harm the legitimate interests of creators but does not provide clear parameters regarding fair interests. While the Fair use Arrangements in the United States are regulated in 17 U.S. Code 107. In this regulation, there are 4 factors, namely: the purpose and character of the use, the nature of the copyrighted work, the quantity and importance of the material used, the effect of the use upon potential market or value of the copyrighted work. The Covid-19 pandemic gave rise to fair use cases that had never occurred before the outbreak of Covid-19, e.g. the case of The Internet Archive, it can be observed that there is an encouragement from the public to further relax copyright protection because of the Covid-19 pandemic resulting in the public interest having to be carried out rather than the creators and copyright holders.

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