Technology’s Promise, the Copying of Records, and the Archivist’s Challenge: A Case Study in Documentation Rhetoric

Discussion of implications of electrostatic photocopying on archival appraisal, with particular attention to the macro-appraisal and collaborative models offered by Helen Samuels

Will Fair Use Survive? Free Expression in the Age of Copyright Control

"Fair use" is a crucial exception to "intellectual property" controls - it allows users to publish, distribute, or reproduce copyrighted or trademarked material without permission, for certain purposes. But extensive research, including statistical analysis and scores of firsthand stories from artists, writers, bloggers, and others, shows that many producers of creative works are wary of claiming fair use for fear of getting sued. The result is a serious chilling effect on creative expression and democratic discussion.Several factors must be considered in deciding whether a use of copyrighted material is "fair." Four factors identified in the copyright law are: 1) the purpose and character of the new work; 2) the nature of the original work; 3) the amount and substantiality of the original work that was used; and 4) the effect of the new work on the market for the original. Examples of fair use are criticism, commentary, news reporting, scholarship, and "multiple copies for classroom use." "Will Fair Use Survive?" suggests the need for strengthening fair use so that it can be an effective tool for anyone who contributes to culture and democratic discourse. The report finds: Artists, writers, historians, and filmmakers are burdened by a "clearance culture" that ignores fair use and forces them to seek permission (which may be denied) and pay high license fees in order to use even small amounts of copyrighted or trademarked material.The 1998 Digital Millennium Copyright Act (the DMCA) is being used by copyright owners to pressure Internet service providers to take down material from their servers on the mere assertion that it is infringing, with no legal judgment and no consideration of fair use.An analysis of 320 letters on the Chilling Effects website, an online repository of threatening cease and desist and "take down" letters, showed that nearly 50% of the letters had the potential to stifle protected speech. Report Highlights:The giant Bank of America sent a threatening letter to a small ceramic piggy bank company called Piggy Bank of America, claiming its use of the name was a trademark violation.A "planetary enlightenment" group called Avatar consistently suppressed online discussion group postings critical of its program by using DMCA "take down" letters.MassMutual sent a cease and desist letter to the gripe site "MassMutualSuks.com," claiming trademark infringement.Mattel sued artist Tom Forsythe for his series of "Food Chain Barbies," acerbic commentaries on Mattel's role in perpetuating gender inequality. Only after a long, bruising court fight did Forsythe win the right to parody Barbie.The report recommends: creating a clearinghouse for information, including sample replies to cease and desist and "take down" letters; outreach to Internet service providers who are instructed by companies to take down sites with material they claim as copyright-protected; changes in the law to reduce the penalty for guessing wrong about fair use; and the creation of a national pro bono legal support network.On December 15, 2005, Representatives Rick Boucher, Zoe Lofgren, and John Doolittle circulated a "Dear Colleague" letter praising the report for explaining why fair use "is a crucial part of our copyright law," and why legislation is needed to secure fair use rights in the digital environment

A visual conflict hypothesis for global-local visual deficits in Williams Syndrome: simulations and data

Individuals with Williams Syndrome demonstrate impairments in visuospatial cognition. This has been ascribed to a local processing bias. More specifically, it has been proposed that the deficit arises from a problem in disengaging attention from local features. We present preliminary data from an integrated empirical and computational exploration of this phenomenon. Using a connectionist model, we first clarify and formalize the proposal that visuospatial deficits arise from an inability to locally disengage. We then introduce two empirical studies using Navon-style stimuli. The first explored sensitivity to local vs. global features in a perception task, evaluating the effect of a manipulation that raised the salience of global organization. Thirteen children with WS exhibited the same sensitivity to this manipulation as CA-matched controls, suggesting no local bias in perception. The second study focused on image reproduction and demonstrated that in contrast to controls, the children with WS were distracted in their drawings by having the target in front of them rather than drawing from memory. We discuss the results in terms of an inability to disengage during the planning stage of reproduction due to over-focusing on local elements of the current visual stimulus

Intellectual Property Policy Online: A Young Person’s Guide

This is an edited version of a presentation to the Intellectual Property Online panel at the Harvard Conference on the Internet and Society, May 28-31, 1996. The panel was a reminder of both the importance of intellectual property and the dangers of legal insularity. Of approximately 400 panel attendees, 90% were not lawyers. Accordingly, the remarks that follow are an attempt to lay out the basics of intellectual property policy in a straighforward and non-technical manner. In other words, this is what non-lawyers should know (and what a number of government lawyers seem to have forgotten) about intellectual property policy on the Internet. The legal analysis which underlies this discussion is set out in the Appendix

Publica aut peri! The Releasing and Distribution of Roman Books

This outline of our knowledge of the process of releasing literature in late republican and early imperial Rome addresses the nature of the recitations, the question of ‘publishing’ and distribution of books, from Atticus to Pliny the Younger. Although recognising that the distribution of Roman literature to a large extent consisted of private copying and exchange, I argue for the existence of a ‘book industry’ consisting of low-status craftsmen and traders editing and reproducing books for a commercial market

'Chineseness': The work of Lo Yuen-yi in memory of the women of Nushu

ABSTRACT One of the difficulties facing art historians and curators when approaching recently produced artworks is how to interpret such works within the dominant narrative of art history and its traditional axis of historical time and geographical place. Often such works are interpreted as ‘global’ and effectively reduced to a western interpreta- tion of the artworks. While this is a helpful approach for many artists and artworks, it can be less helpful to the interpretation of works that seek to address local issues that the ‘global’ approach might miss. Moreover, the criteria of the ‘global’ might exclude such works from being perceived as ‘contemporary art’. The problem today is acute when dealing with artworks in East Asia, especially China, because so many works have been accepted as ‘global’ only occasionally mentioning that they are ‘Chinese’. Hence the uneasy term ‘Contemporary Chinese art’ and the debate between its inter- pretation as ‘global’ and/or ‘Chinese’. If the latter perspective is applied, some form of ‘Chineseness’ will explicitly or implicitly be applied. This article takes the ‘local’ perspective in order to interpret a group of works by the Hong Kong/Macau artist Lo Yuen-yi in memory of the rural women who practised nüshu (women’s writ- ing) through chants, embroidery and writing in Hunan province, China. In so doing, Lo can position herself within an alternative narrative of female literate and artistic ancestral narrative from which she is not excluded as a Chinese female artist. The article argues that the work cannot be fully understood from the ‘global’ perspective and thus requires a perspective that would necessarily adopt a strategic concept of ‘Chineseness’

Legal Fictions: Copyright, Fan Fiction, and a New Common Law

A girl owns a number of Barbie dolls. She makes outfits for them and constructs elaborate scenarios in which they play starring roles. She enacts her dramas in her front yard, where passers-by can easily see. Does she violate the law? What if the girl writes down her stories starring Barbie? What happens when she lets her friends read them? What if she e-mails those stories to a Barbie mailing list? What if she posts those stories and a picture of Barbie in her new outfit on her Web page? Copyright law has long been a concern more for corporations than for ordinary citizens. However, with new technologies that allow individuals to produce and distribute information easily, however, copyright law is becoming increasingly relevant to common activities. Much has been written about the problems created by the easy reproduction of copyrighted documents and by the poor fit between law and technology that makes every person who browses the World Wide Web ( the Web ) a likely lawbreaker. This Article goes beyond the debate over pure copying to analyze the implications of creative work-now widely accessible via the Internet-that draw on copyrighted elements of popular culture

Non-display uses of copyright works: Google Books and beyond

Copyright @ 2011 The AuthorsWith the advent of mass digitisation projects, such as the Google Book Search, a peculiar shift has occurred in the way that copyright works are dealt with. Contrary to what has so far been the case, works are turned into machine-readable data to be automatically processed for various purposes without the expression of works being displayed to the public. In the Google Book Settlement Agreement, this new kind of uses is referred to as “non-display uses” of digital works. The legitimacy of these uses has not yet been tested by Courts and does not comfortably fit in the current copyright doctrine, plainly because the works are not used as works but as something else, namely as data. Since non-display uses may prove to be a very lucrative market in the near future, with the potential to affect the way people use copyright works, we examine non-display uses under the prism of copyright principles to determine the boundaries of their legitimacy. Through this examination, we provide a categorisation of the activities carried out under the heading of “non-display uses”, we examine their lawfulness under the current copyright doctrine and approach the phenomenon from the spectrum of data protection law as could apply, by analogy, to the use of copyright works as processable data