Evaluating The Benefits Of Fair Use
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Evaluating The Benefits Of Fair Use
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Author : Peter A. Jaszi
language : en
Publisher:
Release Date : 2016
Evaluating The Benefits Of Fair Use written by Peter A. Jaszi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.
This submission to the Australia Productivity Commission responds to a recently published PricewaterhouseCoopers report on Understanding the Costs and Benefits of Introducing a 'Fair Use' Exception, prepared for APRA, AMCOS, PPCA, Copyright Agency | Viscopy, Foxtel, News Corp Australia and Screenrights (“PWC Report”). The PWC Report does not provide a sound evidence base to evaluate the true total costs and benefits that the introduction of a fair use rights would have in Australia. Part I points out how the PWC Report fails to adequately define the nature of the real change being proposed in Australia - which is effectively to subject its existing fair dealing clause to an open list of potentially lawful purposes. Part II provides a survey of a range of benefits that the opening of Australia's fair dealing clause to resemble the U.S. fair use doctrine may have, drawing from published research on the topic which is not canvassed by the PWC Report. Part III analyses the PWC Report's evaluation of the costs of adopting fair use, criticizing the Report's basis for concluding that adopting fair use will lead to massive shifts from licensed to unlicensed use of works, a litigation explosion and the destruction of all collective management organizations in Australia. The diffuse and forward-looking benefits of open exceptions like fair use may be hard to measure, but they are no less real. The PWC's evaluation of the costs and benefits of fair use are not real. It is full of imagined horror stories that are unlikely to take place in fact and should be disregarded in their entirety.
Agreed Use And Fair Use
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Author : George Robert Barker
language : en
Publisher:
Release Date : 2013
Agreed Use And Fair Use written by George Robert Barker and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
This paper reviews the merits of arguments being advanced to justify adoption of US style fair use exceptions to copyright law in countries that currently do not have it. Although I outline the background on global initiatives to introduce copyright exceptions, the focus of the analysis is on the Australian Law Reform Commissions' (ALRC) recent Discussion Paper, which has recommended adoption of broad fair use exceptions to copyright law Australia. This study can be seen as representative of the analysis promoting such reforms globally. In this context the paper also considers empirical studies relied on by the ALRC which have attempted to estimate the economic effects of what they call copyright exceptions industries (CEI) that rely on exceptions to copyright law. These studies in effect attempt to assert that exceptions to copyright law might make a larger economic contribution than copyright law itself. These studies are being promoted to the ALRC and in other copyright law reform processes as providing empirical economic analysis of the economic benefits of copyright exceptions like fair use. To that extent this paper seeks to assess their strengths and weaknesses and whether they are “fit for purpose”. My general conclusion is that moves to extend copyright exceptions in response to the development of the digital economy are mistaken in that it will only serve to reduce incentives for the development of new creative works, which in turn is likely to reduce overall social welfare. Rather I argue the development of the digital economy requires the opposite response - namely the strengthening of copyright and the limiting of exceptions. The reason why is that the Internet has served to reduce transaction costs. Transactions costs provide the basic rationale and define the economic scope for fair use exceptions. To the extent transactions costs are falling, the benefits of fair use also fall. The scope for fair use to contribute to innovation and economic growth is thus reduced. This necessitates a reduction in the extent of fair use laws rather than an extension.
Choosing Using Sources
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Author :
language : en
Publisher:
Release Date : 2016
Choosing Using Sources written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Academic writing categories.
Choosing & Using Sources presents a process for academic research and writing, from formulating your research question to selecting good information and using it effectively in your research assignments. Additional chapters cover understanding types of sources, searching for information, and avoiding plagiarism. Each chapter includes self-quizzes and activities to reinforce core concepts and help you apply them. There are also appendices for quick reference on search tools, copyright basics, and fair use.
Exemptions And Fair Use In Copyright
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Author : Leon E. Seltzer
language : en
Publisher:
Release Date : 1977
Exemptions And Fair Use In Copyright written by Leon E. Seltzer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1977 with Copyright categories.
The Vanishing Benefits Of Fair Use
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Author : George S. Ford
language : en
Publisher:
Release Date : 2018
The Vanishing Benefits Of Fair Use written by George S. Ford and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.
In this paper I discuss serious flaws in a recently released study on copyright (“The User Rights Database: Measuring the Impact of Copyright Balance”) by American University Washington College of Law's Program on Information Justice and Intellectual Property. Among other problems, the statistical results of the study are shown to be spurious correlations -- the consequence of basic errors in both the design, construction and execution of the empirical analysis. I also replicate the analysis and show that the statistically significant relationships from the study vanish when standard methods replace the poorly specified and improperly estimated models.
Common Ground At The Nexus Of Information Literacy And Scholarly Communication
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Author : Stephanie Davis-Kahl
language : en
Publisher: Assoc of College & Research Libraries
Release Date : 2013
Common Ground At The Nexus Of Information Literacy And Scholarly Communication written by Stephanie Davis-Kahl and has been published by Assoc of College & Research Libraries this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Academic libraries categories.
Common Ground at the Nexus of Information Literacy and Scholarly Communication presents concepts, experiments, collaborations, and strategies at the crossroads of the fields of scholarly communication and information literacy. The seventeen essays and interviews in this volume engage ideas and describe vital partnerships that enrich both information literacy and scholarly communication programs within institutions of higher education. Contributions address core scholarly communication topics such as open access, copyright, authors rights, the social and economic factors of publishing, and scholarly publishing through the lens of information literacy. This volume is appropriate for all university and college libraries and for library and information school collections.
Copyright Clarity
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Author : Renee Hobbs
language : en
Publisher: Corwin Press
Release Date : 2010-04-07
Copyright Clarity written by Renee Hobbs and has been published by Corwin Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-04-07 with Education categories.
This jargon-free guide clarifies principles for applying copyright law to 21st-century education, discusses what is permissible in the classroom, and explores the fair use of digital materials.
Rights Limitation In Digital Age
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Author : Shaojun Liu
language : en
Publisher: Springer Nature
Release Date : 2021-10-01
Rights Limitation In Digital Age written by Shaojun Liu and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-01 with Law categories.
This book comprehensively discusses the effects of digital technology on the way work is disseminated and the resulting challenges concerning the fair use of copyright. It also analyzes so-called fairness by examining theories on the system of fair use, demonstrating the “system changes that will be brought about by technological changes” from the perspective of economics, i.e., the problem of modification faced by the system of fair use of copyright. Exploring the nature and function of fair use and repositioning the fair use system, the book proposes a better design for China’s system of limitation on copyright and a readjustment of the copyright system. Lastly, in addition to analyzing the reconfigurations of fair use from an economic standpoint, the book describes in detail the interactions between legal systems and cultures.
Intent In Fair Use
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Author : Eva E. Subotnik
language : en
Publisher:
Release Date : 2015
Intent In Fair Use written by Eva E. Subotnik and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.
This Article explores the role of intent in the context of fair use. Specifically, it examines whether a claim of fair use of a copyrighted work should be assessed solely from an “objectively reasonable” vantage point or should, additionally, allow for evidence from the subjective perspective of the user. Courts and scholars have largely sided with the former view but have failed to explain fully why this should be the case or whether there might be countervailing benefits to considering evidence of subjective intent. Crucially overlooked is the possibility that taking the user's perspective into account would serve copyright's utilitarian structure by stimulating socially beneficial uses that would not otherwise occur. In addition, formal recognition of the role intent plays in fair use would bring needed transparency to judicial practices in this area. This Article first develops a framework for evaluating the degree to which courts, parties, and scholars have deemed a user's conscious compliance with fair use principles relevant to the fair use analysis. It then argues for a limited role for evidence of subjective intent, proposing criteria for when such evidence should, and should not, be weighed in the fair use calculus.
The Fair Use Privilege In Copyright Law
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Author : William F. Patry
language : en
Publisher:
Release Date : 1985
The Fair Use Privilege In Copyright Law written by William F. Patry and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985 with Law categories.
This treatise traces the historical development of the concept of fair use and discusses its application to parody, criticism, fictional characters, public figures, biographies, off-air taping, photocopying, and the First Amendment.
