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Fair Use v. Fair Access

SSRN Electronic Journal, 2008
In this paper, I make four points. 1. The copyright act defines use rights, not access rights. That overstates slightly - especially with the Digital Millennium Copyright Act in the statute - but the core of copyright law addresses how works can be used assuming that legal access has been obtained.
Randal C. Picker
openaire   +2 more sources

Excuse and justification in the law of fair use: Transaction costs have always been part of the story [PDF]

, 2002
In American copyright law, the doctrine of fair use has long been problematic. Every plausible litmus test that might simplify the fair use inquiry has proven inadequate, and copyright commentators have long sought an algorithm or heuristic to lend ...
Wendy J. Gordon
openalex   +4 more sources

Putting Academic Fair Use to the Test [PDF]

, 2008
The Fair Use Doctrine is one of the most important, complex and misunderstood elements of copyright law. It was born out of the principle that copyright law needs to balance the rights of authors and creators to reap a benefit from their creations with ...
George H. Pike
openalex   +3 more sources

The Internet Archive and the National Emergency Library: Copyright Law and COVID-19

Laws, 2022
In the tradition of legal writing about landmark intellectual property cases, this paper provides an in-depth case study and analysis of an important copyright conflict during the COVID-19 crisis.
Matthew Rimmer
doaj   +1 more source

Prawo autorskie w państwach Azji Środkowej [PDF]

Nowa Polityka Wschodnia, 2018
The Berne Convention has not been ratified by the former Soviet Union. Far-reaching work to prepare the USSR for ratification of the Berne Convention was discontinued as a result of the break-up of this state.
Ksenia Kakareko
doaj   +1 more source

The Copyright Claims Board: Good News or Bad News for Communication Scholars?

International Journal of Communication, 2022
The U.S. Copyright Claims Board (CCB), created in 2020 by the Copyright Alternative in Small-Claims Enforcement Act, creates a nonjudicial administrative venue to resolve copyright infringement claims up to $30,000. Supporters claim it will help “little
Patricia Aufderheide, Aram Sinnreich
doaj   +2 more sources

A Framework for a Capabilities-Based Approach to Copyright

Revista Direito GV, 2021
This article highlights the importance of an analysis of copyright law from a human development perspective. Drawing on Amartya Sen and Martha Nussbaum’s Capabilities Approach, it outlines why copyright scholarship and policymaking should address human ...
Megha Jandhyala
doaj   +1 more source

Round One? Judge Issues Rulings in Long-awaited Copyright Infringement Lawsuit Against Georgia State University

Online Learning, 2014
The long-awaited rulings in the copyright infringement lawsuit provide the most specific guidance available to date on the fair use of certain types of materials in e-reserves systems and online course management systems. Unless successfully appealed or
Linda Enghagen
doaj   +1 more source

Copyright Remix (It's Tricky)

The International Journal of Information, Diversity, & Inclusion, 2022
Over the past five decades, hip hop has become a widely celebrated genre of music, yet misconceptions still exist surrounding the hip hop community’s norm of sampling.
Krystal Kakimoto
doaj   +1 more source

The Neo-Colonial Political Economy of Scholarly Publishing: Its UK-US Origins, Maxwell’s Role, and Implications for Sub-Saharan Africa

The African Journal of Information and Communication, 2021
The prevailing dynamics of today’s global scholarly publishing ecosystem were largely established by UK and US publishing interests in the years immediately after the Second World War.
Eve Gray
doaj   +1 more source