The Vanishing Benefits Of Fair Use
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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.
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.
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.
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.
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.
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.
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.
Today, educators and students have access to a vast, rich array of online materials that can be used for instruction, but these resources often remain untapped because of confusion over copyright laws.
The Impact Of Fair Trade
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Author : Ruerd Ruben
language : en
Publisher: BRILL
Release Date : 2023-08-28
The Impact Of Fair Trade written by Ruerd Ruben and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-28 with Business & Economics categories.
Twenty years ago, Fair Trade started as an effort to enable smallholder producers from developing countries to successfully compete in international markets. Better access to market outlets and stable prices are considered key principles for sustainable poverty reduction and stakeholder participation based on 'trade, not aid'. While Fair Trade is primarily conceived as a trading partnership - based on dialogue, transparency and mutual respect - seeking greater equity in international trade, it relies on an organized social movement promoting standards for production practices and delivery procedures, working conditions and labour remuneration, environmental care and social policies in supply chains of certified tropical goods. Over the past two decades, sales of Fair Trade products have considerably increased. After the first shipments of coffee, the range of products has gradually broadened to include fruit (particularly bananas, pineapple and citrus), tea, cocoa, textiles, cosmetics and a whole series of other products. Global Fair Trade sales have steadily grown to approximately EUR 1.6 billion worldwide, covering almost 600 producer organizations in more than 55 developing countries that represent close to a million families of farmers and workers. In recent years, efforts have been made towards mainstreaming of Fair Trade involving large international companies and retail chains. While numerous case studies and descriptive overviews are available to illustrate the importance of Fair Trade for producers and their families in developing countries, little quantitative evidence has been presented to review the socio-economic impact of Fair Trade. This collection of articles provides the first balanced in-depth analysis of the real welfare impact of Fair Trade, paying attention to key dimensions of income, consumption, wealth, environment, empowerment and gender. The core articles are based on extensive field surveys in Peru, Costa Rica, Ecuador, Ghana, Kenya and Mexico, and provide valuable insights in the contributions and constraints for producers’ involvement in Fair Trade. In addition, attention is paid to the broader implications for international trade regimes and the ethical perspectives on Fair Trade.
Fair Use A Revisit
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Author : A. V. Narsimha Rao
language : en
Publisher:
Release Date : 2009-01-01
Fair Use A Revisit written by A. V. Narsimha Rao and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Copyright categories.
The concept of fair use is considered as an extensionof the doctrine of free expression. It strikes a balancebetween the right of owners to yield commercial benefitsfrom their own creation and right of the society to usethe knowledge created by using the resources from thesociety. The general notation, who ever spends theirenergies and resources for creation of new work shouldhave a right to reap the benefits arising out of thatcreation, is diluted by the application of the fair use.
The Vanishing American Lawyer
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Author : Thomas D. Morgan
language : en
Publisher: Oxford University Press
Release Date : 2010-02-01
The Vanishing American Lawyer written by Thomas D. Morgan and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-02-01 with Law categories.
Over 4,000 lawyers lost their positions at major American law firms in 2008 and 2009. In The Vanishing American Lawyer, Professor Thomas Morgan discusses the legal profession and the need for both law students and lawyers to adapt to the needs and expectations of clients in the future. The world needs people who understand institutions that create laws and how to access those institutions' works, but lawyers are no longer part of a profession that is uniquely qualified to advise on a broad range of distinctly legal questions. Clients will need advisors who are more specialized than many lawyers are today and who have more expertise in non-legal issues. Many of today's lawyers do not have a special ability to provide such services. While American lawyers have been hesitant to change the ways they can improve upon meeting client needs, lawyers in other countries, notably Great Britain and Australia, have been better at adapting. Law schools must also recognize the world their students will face and prepare them to operate successfully within it. Professor Morgan warns that lawyers must adapt to new client needs and expectations. The term "professional" should be applied to individuals who deserve praise for skilled and selfless efforts, but this term may lead to occupational suicide if it becomes a justification for not seeing and adapting to the world ahead.
