Copyright and the Commons

2017 ◽  
pp. 106-126
Author(s):  
Erika Balsom
Keyword(s):  
Visual Culture ◽  
Public Domain ◽  
Fair Use ◽  
Moving Image ◽  
The Public ◽  
The Commons ◽  
Digital Reproduction ◽  
Cultural Commons ◽  
Made In ◽  
Do So

This chapter interrogates how artists’ moving image has grappled with the increased ridigification of copyright that has occurred over the last two decades. Many artists champion the freedom to reuse copyrighted materials, but fail to interrogate the particular circumstances that it make possible for them to do so without retribution, while simultaneously avoiding an engagement with the significant encroachments on fair use and the public domain that have been implemented as part of new copyright legislation that seeks to control the unruliness of digital reproduction. As a counterpoint to such positions, this chapter examines Ben White and Eileen Simpson’s Struggle in Jerash (2009), a work made by repurposing a public domain film of the same title made in 1957 in Jordan. Simpson and White contest the increasing privatization of visual culture, insisting on the wealth of the cultural commons precisely as it is under threat.

The Public Domain: Enclosing the Commons of the Mind

2011 ◽  
Vol 31 (4) ◽  
pp. 414-416
Author(s):  
Robert A. Mittelstaedt
Keyword(s):  
Public Domain ◽  
The Public ◽  
The Commons ◽  
The Mind

scholarly journals “UNE CHOSE PUBLIQUE”? THE AUTHOR’S DOMAIN AND THE PUBLIC DOMAIN IN EARLY BRITISH, FRENCH AND US COPYRIGHT LAW

2006 ◽  
Vol 65 (3) ◽  
pp. 636-670 ◽  
Author(s):  
Jane C. Ginsburg
Keyword(s):  
Public Domain ◽  
Copyright Law ◽  
Industrial Complex ◽  
The Public ◽  
Moral Claims ◽  
Cultural Commons ◽  
The Mind

THE public domain is all the rage. It is invoked to breach copyright’s encroaching enclosure of what one might grandiloquently call the cultural commons of the mind. The heralds of our “remix culture” deploy the public domain to smash that icon of the entertainment–industrial complex, the Romantic Author. But even before the Author became Romantic, he still served as a shill for concentrated industry, then the printing–bookselling complex. Authors’ moral claims of labourious entitlement merely masked the power grab of the printers. If we speak of a grab, we imply that copyright was seised from somewhere. So whence, in this account, was copyright wrested? From the public domain.

scholarly journals Effects of commonality in transaction contracts and their provisions – Comparative Jurisprudence Study –: آثار الشيوع في عقود المعاملات وأحكامها – دراسة فقهية مقارنة –

2021 ◽  
Vol 4 (2) ◽  
pp. 63-35
Author(s):  
Shamsul Alam Mohammed Fayaz Al-Ghazi Shamsul Alam Mohammed Fayaz Al-Ghazi
Keyword(s):  
Common Property ◽  
Public Domain ◽  
The Public ◽  
The Third ◽  
The Commons ◽  
The Common

This research deals with the rule of benefiting from the common share and its effects on transaction contracts; this research has been presented in five sections. In the first, I explained the commons and its causes with mentioning their types. In the second, I knew the effects of commonality in companies and demonstrated the dispute of jurists regarding the requirement of communality in the profit of the company. The third came indicating the effects of common property in mortgage, including the doctrine of the jurists in that and their evidence and what was mentioned in the discussions, indicating the most correct saying of the scholars. On the fourth, I explained the provisions of common lease between two partners. The fifth section included the doctrines of jurists in the endowment of one of the partners share of the public domain, explaining the evidence of jurists in that and what was mentioned in the discussions and indicated the most correct in it; then it was concluded with a conclusion that included the most important results and recommendations.

scholarly journals Academic Special Collections and the Myths of Copyright

2019 ◽  
Vol 3 (3) ◽  
pp. 1-19
Author(s):  
Teresa Auch Schultz ◽  
Dana Miller
Keyword(s):  
Public Domain ◽  
Copyright Law ◽  
Fair Use ◽  
Third Party ◽  
Research Libraries ◽  
The Public ◽  
Association Of Research Libraries ◽  
Special Collections ◽  
Policy Statements ◽  
Domain 4

This study compares the copyright and use policy statements posted on the websites of the special collections of Association of Research Libraries member libraries. In spring 2018, 99 academic special collections websites were viewed, and data was collected based on the following: 1) presence and content of a general copyright statement; 2) mention of copyright owners besides the special collections; 3) presence and accuracy of statements regarding fair use and public domain; 4) policies for patron-made copies; 5) whether the special collections required its permission and/or the copyright owner’s permission to publish; 6) whether any use or license fees were charged and how clearly fees were presented. Authors analyzed whether these policies reflect copyright law or went beyond it, unnecessarily restricting the use of materials or imposing fees where rights are in question. A majority of the sites included general copyright statements, mentioned other copyright owners, and mentioned fair use, but only a minority mentioned the public domain. Just more than half restricted how patrons could use patron-made copies. About half required the special collections’ permission to publish a copy, and a fifth said any third-party owner’s permission was also required for publication.

Monuments and martyrdom: Memorializing the dead in post-conflict North Maluku

2009 ◽  
Vol 165 (4) ◽  
pp. 429-458 ◽  
Author(s):  
Christopher R. Duncan
Keyword(s):  
Local Communities ◽  
Religious Violence ◽  
Dual Purpose ◽  
Burial Practices ◽  
The Public ◽  
Christian Communities ◽  
Post Conflict ◽  
The Dead ◽  
Made In ◽  
Do So

This paper explores how certain Tobelo and Galela communities in the eastern Indonesian province of North Maluku have dealt with the dead in the aftermath of the ethnic and religious violence that swept the region in 1999-2001. It focuses on the issue of martyrdom and the construction of memorials to those who died during the conflict. I argue that these memorials have a dual purpose. First and foremost they are about mourning and martyrdom. They serve local needs to respect and remember those who were lost in the conflict and to recognize the sacrifices made in the name of religion. This notion of martyrdom directly relates to another aspect of these monuments, attempts by local communities in North Maluku, particularly the Christian communities I focus on in this paper, to solidify their version of events in the public narrative. As the local government encourages people to put the conflict behind them and to forget about the violence, the construction of these memorials maintains the focus on the religious framing of past events. In building these monuments and martyr cemeteries, people are publicly staking a claim on their interpretation of history and literally putting their version in stone. They seek to do so before official accounts (or denials) of what happened become hegemonic and pave over the nature of the violence and suffering that occurred. I also explore how the construction and placement of Christian memorials in churchyards contradicts previous church burial practices.

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