Includes Keyword: copyright reform
The Orphan Works Problem: The Copyright Conundrum Of Digitizing Large-Scale Audiovisual Archives, And How To Solve It
This article considers six regulatory solutions to the orphan works problem: incentivising the sharing of rights management information; extended collective licensing; indemnity or security; compulsory licensing; limited liability; and statutory limitation.
From the Editor: Archives and the Law
This editorial is Terry Cook's introduction to a special edition of Archivaria on 'Archives and the Law,' where he refers to copyright as the 'perennial hornet's nest for archivists.'
Fine-tuning European copyright law to strike a balance between the rights of owners and users
This journal article argues that the EU Information Society Directive of 2001 does not achieve harmonisation of copyright law across the EU, using an analysis of the treatment of technological protection measures to demonstrate that the directive has been implemented differently in each member state.
Finding a Home for Orphans: Google Book Search and Orphan Works Law in the United States and Europe
This journal article argues that an international solution is needed to address the problem of orphan works, and suggests extended collective licensing as a possibility.
Cultural Institutions, Digitisation and Copyright Reform
This journal article explores the ways in which various combinations of copyright reform could be implemented, to enable digitisation of cultural heritage collections.
Cultural Heritage Online? Settle It in the Country of Origin of the Work
This journal article proposes a cross-border extended collective licensing scheme which could facilitate the clearing of works from cultural heritage institution collections for use in digital repositories like Europeana.
Cultural Heritage & New Media: A Future for the Past
This journal article advocates for copyright reform to address outdated and uncertain elements of the law in relation to cultural heritage, new media and copyright exceptions.
Copyright's Cultural Turn
This is a book review of Configuring the Networked Self: Law, Code, and the Play of Everyday Practice by Julie E. Cohen. In it, the authors consider the hegemony of economic theory within intellectual property law scholarship, and explore the arguments for and against importing methodologies from other subject areas like cultural, media, and literary studies, and the social sciences in general.
Copyright Law and the Claims of Art
This journal article outlines the ways in which UK copyright law prioritises traditional forms of visual art over contemporary forms like performance art, arguing that a focus on moral rights rather than economic rights could provide one way of radically reforming the law.
Copyright and Creativity
This journal article considers the creativity requirement in the unanimous US Supreme Court decision in Feist Publications Inc. v. Rural Telephone Service Co. The author argues that the requirement for creativity in addition to originality to qualify for protection will eventually lead to both under- and over-protection of works, either through market failure or through the expansion of the scope of protection.