fair use
Recently Published Documents


TOTAL DOCUMENTS

969
(FIVE YEARS 205)

H-INDEX

18
(FIVE YEARS 2)

2022 ◽  
Vol 11 (4) ◽  
pp. 444-468
Author(s):  
Enrico Bonadio ◽  
Nicola Lucchi ◽  
Oreste Pollicino

As is known, new technologies have profoundly changed the way content is produced, shared and disseminated. One of the most recent (and worrying) changes is the phenomenon of ‘fake news’, especially since disinformation and intentional misrepresentation of real information have started to affect individual decision-making in the political sphere. It is a worrying phenomenon because the dissemination of fake news can challenge democratic values and undermine national security. Against this background, can copyright play a role in the fight against fake news? And what is the relationship between such news and copyright in the first place? Fake news in theory falls within copyright subject matter and may often meet the requirements for protection. The paper analyses three recent examples of fake news which have been widely disseminated online – and makes the point that copyright may subsist in such news. Yet, despite such content being potentially capable of attracting protection, we propose to remove any copyright which may arise on grounds of public interest. Indeed, when a work is protected by copyright, right holders have an incentive to exploit it, as the monopoly granted to them increases the ability to extract profits out of the work, for example via licensing. This may contribute to encouraging creators of fake news to spread such content across multiple channels to reach wide audiences. Excluding copyright could therefore help make fake news less appealing. A short reference will also be made to copyright defences which may be relied on by entities and individuals who check news’ accuracy (fact-checkers) – that is, the fair use doctrine under US law and several exceptions under EU (and UK) law, namely transient use, text and data mining, criticism and review and public security. * All authors contributed equally to this manuscript and are listed alphabetically.


2021 ◽  
Vol 10 (4) ◽  
Author(s):  
Cole Scott ◽  
John Murnan

Copyright law is a large, complex issue that has found itself at the center of controversy on YouTube. Much of the debate around copyright centers on whether a video is fair use, the exception to copyright laws. There are large problems on YouTube surrounding the exploitation of the Content ID system, and the solutions to these problems often rely on the assumption of clear and defined copyright law, which is far from the case. This led my research into finding out based on the case law, what constitutes fair use on YouTube? Using a content analysis, these complexities of copyright law were able to be broken down into easy-to-understand guidelines. To do this, roughly 30 cases were found using the websites case.law and copyright.gov, and the decision of the case and the reasoning behind it were pulled out to create guidelines based on the copyright case law of court decisions. These guidelines consist of having a license for the copyrighted content, using the content for education, criticism or review, providing significant commentary to shift the focus away from the content, using the content for parody, changing the purpose of the content, or using an insignificant portion of the content. If any of these scenarios are met, then the video will likely not violate copyright. The use of these guidelines could be implemented into YouTubes algorithm, but more likely these guidelines would be easy to follow for creators to know whether or not their video will violate copyright.


2021 ◽  
Vol 16 (1) ◽  
pp. 47-64
Author(s):  
Alex Hofmann ◽  
Tomasz Miksa ◽  
Peter Knees ◽  
Asztrik Bakos ◽  
Hande Sağlam ◽  
...  

Recordings of musical practices are kept in various public institutions and private depositories around the world. They constitute valuable data for ethnomusicological research and are substantial for the world's musical heritage. At the moment, there are no commonly used systems and standards for organizing, describing or categorizing these data, which makes their use difficult. In this paper, we discuss the required steps to make them findable, accessible, interoperable and reusable (FAIR), and outline action items to reach these goals. We show solutions that help researchers to manage their data over the whole research lifecycle and discuss the benefits of combining technologies from information science, music information retrieval, and linked data, with the aim of giving incentives for the ethnomusicology research community to actively participate in these developments in the future.


2021 ◽  
Author(s):  
◽  
Caitlin Lynch

<p>TERROR NULLIUS (Soda_Jerk, 2018) is an experimental sample film that remixes Australian cinema, television and news media into a “political revenge fable” (soda_jerk.co.au). While TERROR NULLIUS is overtly political in tone, understanding its specific messages requires unpacking its form, content and cultural references. This thesis investigates the multiple layers of TERROR NULLIUS’ politics, thereby highlighting the political strategies and capacities of sample filmmaking. Employing a historical methodology, this research contextualises TERROR NULLIUS within a tradition of sampling and other subversive modes of filmmaking, including Soviet cinema, Surrealism, avant-garde found-footage films, fan remix videos, and Australian archival art films. This comparative analysis highlights how Soda_Jerk utilise and advance formal strategies of subversive appropriation, fair use, dialectical editing and digital compositing to interrogate the relationship between media and culture. It also argues that TERROR NULLIUS employs postmodern and postcolonial approaches to archives and history to undermine positivist, linear historical constructions and colonial mythologies. Building on these formal and theoretical foundations, this thesis also closely reads TERROR NULLIUS to scrutinise the accessibility of its arguments for Australian and international audiences: one reading utilises Donna Haraway’s cyberfeminist theory to interpret TERROR NULLIUS’ progressive identity politics, and the second explores the cultural and historical references imbedded in TERROR NULLIUS’ samples to unpack its commentary on contemporary debates in Australian politics (particularly regarding refugee detention and white nationalism). Ultimately, this multi- faceted analysis of TERROR NULLIUS’ form, content and references highlights the complexity of sample films’ political messages, which are radically open to diverse interpretations.</p>


2021 ◽  
Author(s):  
◽  
Caitlin Lynch

<p>TERROR NULLIUS (Soda_Jerk, 2018) is an experimental sample film that remixes Australian cinema, television and news media into a “political revenge fable” (soda_jerk.co.au). While TERROR NULLIUS is overtly political in tone, understanding its specific messages requires unpacking its form, content and cultural references. This thesis investigates the multiple layers of TERROR NULLIUS’ politics, thereby highlighting the political strategies and capacities of sample filmmaking. Employing a historical methodology, this research contextualises TERROR NULLIUS within a tradition of sampling and other subversive modes of filmmaking, including Soviet cinema, Surrealism, avant-garde found-footage films, fan remix videos, and Australian archival art films. This comparative analysis highlights how Soda_Jerk utilise and advance formal strategies of subversive appropriation, fair use, dialectical editing and digital compositing to interrogate the relationship between media and culture. It also argues that TERROR NULLIUS employs postmodern and postcolonial approaches to archives and history to undermine positivist, linear historical constructions and colonial mythologies. Building on these formal and theoretical foundations, this thesis also closely reads TERROR NULLIUS to scrutinise the accessibility of its arguments for Australian and international audiences: one reading utilises Donna Haraway’s cyberfeminist theory to interpret TERROR NULLIUS’ progressive identity politics, and the second explores the cultural and historical references imbedded in TERROR NULLIUS’ samples to unpack its commentary on contemporary debates in Australian politics (particularly regarding refugee detention and white nationalism). Ultimately, this multi- faceted analysis of TERROR NULLIUS’ form, content and references highlights the complexity of sample films’ political messages, which are radically open to diverse interpretations.</p>


Author(s):  
Lanjing Wang ◽  
Abdulsattar Abdullah Hamad ◽  
V. Sakthivel

In the digital world of today, any enterprise that deals with the amounts of data in Warehouse Management Systems (WMS) are an important component. Furthermore, the amount of data being raisedand its complexity have become more challenging to maintain the WMS efficiency. Therefore, a device is required, which can manage such complexities autonomously with no human intervention. In this paper, Hybrid Machine Learning with the Internet of Things (HML-IoT) improves isolated doors. Furthermore, operating machine performance in the factory of hazardous goods. Decision-Making Algorithm (DMA) Data from the customer’s holding space’s dangerous goods warehouses shall be checked using separated doors. Thispaper’s significant aspect is that inventory and inventory operation’s organizational performance can be increased, further logistics costs minimized utilizing the fair use of isolated doors. Finally, the HML-IoT model integrated hazardous goods warehouse with isolated doors has been contrasted with the current one, demonstrating that the previous one has greater efficacy.


2021 ◽  
Vol 66 ◽  
pp. 135-141
Author(s):  
Yan Bernazyuk

The article is devoted to the definition of the peculiarities of observance in administrative proceedings of the principle of inadmissibility of abuse of procedural rights. The concept and essence of abuse of procedural rights in administrative proceedings are clarified, the meaning of the principle of inadmissibility of abuse of procedural rights is established. The legal basis of the principle of inadmissibility of abuse of procedural rights in administrative proceedings is investigated. Based on the analysis of the case law of the Supreme Court, the European Court of Human Rights established the content of the principle of inadmissibility of abuse of procedural rights. The opinion that the abuse of procedural rights is opposed to the conscientious abuse of procedural rights by the parties is substantiated. The author argues that the abuse of procedural rights may be recognized as actions or omissions of a party to the case, which are characterized by a sign of apparent legal legitimacy, but are used for the opposite or inconsistent with the pursuit of the relevant procedural right or obligation. Based on the analysis of the Constitution of Ukraine, international acts, laws of Ukraine and case law, it is proved that the main purpose of the principle of inadmissibility of abuse of procedural rights is to guarantee the fair use of their procedural rights. The author discloses the content of the fair use of the parties' procedural rights, which includes the use of the relevant rights for the purpose for which these rights are granted, and in the manner prescribed by procedural law, as well as conscientious performance of duties specified by law or court. The study made it possible to state that the introduction of the principle of inadmissibility of abuse of procedural rights is important for improving the effectiveness of administrative courts to protect the rights and interests of individuals, public interests and the interests of the state.


Author(s):  
K. Yu. Volkova

The paper analyzes similarities and differences between fair use and fair dealing doctrines in copyright law that allow for limited use of copyright-protected material without the need of permission from the rightholder. Both concepts have long been part of legislation but have recently gained special interest due to the wide spread of digital technologies and the ease of copying materials, both text ones and any other digitized materials. What kind of use may be deemed fair and what may not, has become the question of everyday interest. Copyright exceptions implemented in the form of fair use or fair dealing concepts are of special importance to libraries. However, their application is far from trivial and the situation is further complicated by insufficiently understood difference between the two concepts. The paper reviews general approach implemented in both described doctrines, terminology issues, similarities and dissimilarities of the doctrines, their territorial coverage, and historic origins of doctrine differences. The doctrine having originated in the United Kingdom and developed in the United States has become an example, a pattern that is followed in legislation of many countries worldwide. Fair use/fair dealing concepts have found their reflection in Russian copyright law in the form of “free use” of a work without author’s permission and without copyright fee payment. The paper further deals with the significance of fair use doctrine for library collections digitization and other applications of technology innovation. A prediction is made for growing importance of fair use and fair dealing copyright exceptions in the nearest future.


Sign in / Sign up

Export Citation Format

Share Document