36,403 research outputs found

    Appropriation and Transformation

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    The recent decision in Cariou v. Prince has reinvigorated a pressing issue for the contemporary movement of appropriation art: how can art which is defined by its taking from other artworks hope to survive in the world of copyright? In this article, I consider the legal history leading to the Cariou case, including a series of suits brought against appropriation artist Jeff Koons, as well as strategies proposed by several theorists for accommodating appropriation art within the law. Unfortunately, largely due to vagaries of the law and the misunderstood nature of appropriation art, the matter remains unresolved. I argue that, by investing borrowed material with new ideas, appropriation artists create new expressions and so transform their original sources. Being in line with the Constitutional mandate of copyright law, I suggest that such works of appropriation art be treated as presumptively fair uses

    Everything Is Transformative: Fair Use and Reader Response

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    Educational policy, policy appropriation and Grameen Bank higher education financial aid policy process

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    The paper talks about higher educational polices and their process of policy appropriations, policy as practices, policy as symbolic, policy as rituals, policy as myths, policy backward- mapping and policy-forward mapping, multi-stage policy implementation process, street-bureaucrats planners, and policy reform process. It critically looks at pros-and-corns of different educational policy theories and their applications in education, and the higher education student financial aid different policies, strategies and products and their impact on the college students. The paper also narrates the higher educational policies and methods of need-based, merit-based, means-test-based grants allocation and loan disbursement and their impact on student academic achievements. Moreover, it discusses the policy process model that has both agendas and multiple streams that consider looking at policy designing problems, solutions of the problems and their usefulness to SES students. Additionally, the paper narrates the Grameen Bank higher education student loan policy making process, although there is no higher education student financial aid services are not exist in Bangladesh. Literature reviews, conversations with higher education students, contextual analysis, and the author personal working experience incorporate here. The study finds for policy improvement, policy analysis is vital because policy analysis can explores usefulness of the policy for public well being and for effectiveness of the policy appropriation.Center for Social Economy Learning and Workplace, University of Toronto. -- York Center for Asia Research, York University. -- Indiana University Bloomington

    Interpreting Rahner\u27s Metaphoric Logic

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    Exploring the pedagogic culture of creative play in early childhood education

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    We present a conceptual analysis, grounded in empirical data, of how young children's creative play is framed by the 'pedagogic culture' within which the child is playing. Drawing on data from a research study with the broad aim of documenting children's creative play in Western play-based early childhood education, we gathered exploratory qualitative observations, self-initiated iPad video diaries and researcher-led activities to describe children's creative play. We adapted the Analysing Children's Creative Thinking Framework as a starting point for coding and the analyses focused on three contextual cues within the pedagogic culture – space, interpersonal collaborations and materials. We ground our discussion in a contextualist theoretical frame to demonstrate that in isolation, each contextual cue presents a degree of framing to children's creative play. When analysed as a synergy of contextual cues, however, we begin to see that the dynamic make-up of each of the contexts, and the interplay among them, create a 'pedagogic culture' that transforms children's creative play. We present 'stories' of each pedagogic culture that we observed, to describe how children's creative play manifested within each culture

    The Place of the User in Copyright Law

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    Copyright doctrine . . . is characterized by the absence of the user. As copyright moves into the digital age, this absence has begun to matter profoundly. As I will show, the absence of the user has consequences that reach far beyond debates about the legality of private copying, or about the proper scope of user-oriented exemptions such as the fair use and first sale doctrines. The user\u27s absence produces a domino effect that ripples through the structure of copyright law, shaping both its unquestioned rules and its thorniest dilemmas. The resulting imbalance - empty space where one cornerstone of a well-balanced copyright edifice should be - makes for bad theory, bad policy, and bad law

    Policy Partners: Making the Case for State Investments in Culture

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    Points to increasing evidence that governors and other state policymakers consider the development of cultural resources integral to comprehensive plans aimed at stimulating regional economic growth

    Traditional Knowledge Rights and Wrongs

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    Article published in the Va. J.Law & Tech.

    What a Tangled Web We Weave, When First We Practice to Deceive : Frames, Hyperlinks, Metatags, and Unfair Competition on the World Wide Web

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    The World Wide Web makes possible a variety of novel activities, and new variations on old ones, with which intellectual-property law has struggled. Technical aspects of the Web known as links, metatags, and frames enable web-page builders to use and display information to which others have a legal claim, and to otherwise gain an advantage at someone else\u27s expense. At the same time, these techniques permit us to connect information in novel, useful ways. Unfair competition law has been relatively underutilized in addressing the conflicts that these techniques generate, but it has much to offer both in resolving particular disputes and in guiding the development of this new medium

    The Babbage principle after evolutionary economics

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    In this paper we analyse the cognitive roots of the division of labour and relate it to the reduction of tacitness in the organisation and technology of a firm. We study the interaction between efforts of knowledge codification and problems of control in production from an evolutionary and complex systems perspective. By applying our framework to the emergence of white-collar work in the late 19th century and the modern knowledge economy we assert that property rights and limits to codification of knowledge are important forces shaping the process of organisational and technological change.research and development ;
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