Fight for Your Copyrights: Mashups, Fair Use, and the Future of Freedom

Keyword(s):  
Fair Use ◽  
2013 ◽  
Vol 114 (3/4) ◽  
pp. 132-141 ◽  
Author(s):  
Judith Mavodza

PurposeThe purpose of this paper is to discuss issues involved in navigating the modern information environment where the relevance of cloud computing is unavoidable. This is a way of shifting from the hardware and software demands of storing and organizing data, to information access concerns. That is because with the exponential growth in information sources and all accompanying complexities, the limited capacity of libraries to host their own in its entirety necessitates opting for alternatives in the cloud.Design/methodology/approachA review of current literature about the topic was performedFindingsLiterature used reveals that currently, libraries are using the cloud for putting together user resources, i.e. using Software as a Service (SaaS), such as in library catalogues, WorldCat, Googledocs, and the aggregated subject gateways like SUMMON, and others; the web Platform as a Service (PaaS) as in the use of GoogleApp Engine; or Infrastructure as a Service (IaaS) as in the use of D‐Space, FEDORA, and others. The cloud is confirmed as a facilitator in storing and accessing information in addition to providing a unified web presence with reduced local storage capacity challenges.Originality/valueThe value of these findings is to remind librarians of the shift in focus towards which devices provide the easiest access to data and applications. This is one of the reasons they in many instances are currently having to address issues relating to the use of electronic media tools such as smartphones, iPad, e‐book readers, and other handheld devices. The largely borderless information resources also bring to the forefront considerations about digital rights management, fair use, information security, ownership and control of data, privacy, scholarly publishing, copyright guidance, and licensing that the librarian has to be knowledgeable about. It has become necessary for librarians who make use of commercial cloud services to be conversant with the implications on institutional data. To avert the ever present dangers and risks involving cyber‐security, it is usually practical for institutions to keep policies, procedures, fiscal, and personnel data in private clouds that have carefully crafted access permissions. Being aware of these implications enables thoughtful, adaptive planning strategies for the future of library practice and service.


2017 ◽  
Author(s):  
Michael J Madison

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.


2019 ◽  
Author(s):  
Eliane Haas

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.


Global Jurist ◽  
2017 ◽  
Vol 17 (1) ◽  
Author(s):  
Argyri Panezi

AbstractJudges sitting in US and EU courts have adjudicated a number of high-profile cases of mass and small-scale digitization and access to digitized material. These cases have important policy effects mounting to shaping the future of digital libraries insofar as the current copyright framework does not change from the legislative branch. This article focuses on the judges’ struggle to achieve progressive (pro-libraries and pro-technology) results interpreting the applicable rules. American judges, on the one hand, primarily utilized doctrinal tools such as the fair use doctrine. European judges, on the other hand, used interpretative methods that can push the limits of exceptions and limitations favoring libraries. The article seeks to bring the role of the judiciary to the spotlight, analyze the wording of the relevant decisions and offer a possible reading of the responsibility that the judges must have experienced adjudicating these cases. Ultimately it urges legislative reform to be a follow-up to the judges’ support of the benefits of digitization the future of libraries in the digital era.


1977 ◽  
Vol 7 (2) ◽  
pp. 97-104
Author(s):  
Irving E. Stephens

The copyright reform bill should become law in January, 1978. Among its major revisions are the extension of protection for life plus fifty years and the mitigation of penalties for either omission of notice or “innocent infringement.” For the first time the law specifically identifies “fair use” and certain other copying practices as user rights. The issues of integrity of text and the use of protected text within computer systems have not been treated. The law's text itself remains general in the hope that it will prove to be a flexible vehicle for the future. An era of informal agreements and litigation between publishers and users can be anticipated. Scientific and technical publishing must be recognized as a special area within the publishing community on the verge of change.


2014 ◽  
Vol 19 (4) ◽  
pp. 417-432
Author(s):  
Kathleen K. Olson
Keyword(s):  
Fair Use ◽  

2019 ◽  
Vol 20 (2) ◽  
pp. 156-174
Author(s):  
Marta Olcoń-Kubicka

Drawing on ethnographic research into household money practices among young middle-class couples in Warsaw, Poland, this article shows that normative concerns about the fair use of domestic money shape household budgeting rules. The practical division of funds into ‘mine’, ‘yours’ and ‘ours’ reflects what couples running a household together consider morally right. Focusing on couples’ practical and moral reasoning, I show the set of expectations and the moral logic they employ to achieve fairness in their household financial arrangements. The analysis of two models of domestic money allocation – the 50–50 model, which is based on a couple’s equal contributions, and the joint-money model, which involves a couple’s recognition of mutual obligations – highlights how fairness is articulated in rules about equality, independence and solidarity. By studying couples through time as they experience significant life changes, I show how the rules of fairness come to be challenged and how what is considered fair is questioned or even contested. I argue that turning points such as taking out a mortgage together or having a child produce new expectations and imaginaries about the future and prompt couples to question the rules of fairness and consequently to change their money practices.


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