Insta-Appropriation: Finding Boundaries for the Second Circuit’s Fair Use Doctrine After Campbell

Copyright law’s current fair use landscape is riddled with unclear standards and old considerations forced upon new media. This is especially problematic in the context of digital appropriation of art from online social media platforms—an issue highlighted by Richard Prince’s exhibit “New Portraits,” in which he appropriated strangers’ Instagram photos for his own profit. Unless this situation is remedied, digital content creators will effectively lose their statutory copyright protections. Thus, when considering digital appropriation cases, courts should require a transformation of content rather than purpose, should elevate the weight of the fourth statutory factor, and should reinstate the “comment upon” standard for works of parody and satire. Other scholars have proposed changes to the fair use doctrine, but none adequately protect first-order digital content creators. As such, this Note proposes a reinterpretation of the fair use factors in light of digital appropriation and social media

Insta-Appropriation: Finding Boundaries for the Second Circuit’s Fair Use Doctrine After Campbell

Copyright law’s current fair use landscape is riddled with unclear standards and old considerations forced upon new media. This is especially problematic in the context of digital appropriation of art from online social media platforms—an issue highlighted by Richard Prince’s exhibit “New Portraits,” in which he appropriated strangers’ Instagram photos for his own profit. Unless this situation is remedied, digital content creators will effectively lose their statutory copyright protections. Thus, when considering digital appropriation cases, courts should require a transformation of content rather than purpose, should elevate the weight of the fourth statutory factor, and should reinstate the “comment upon” standard for works of parody and satire. Other scholars have proposed changes to the fair use doctrine, but none adequately protect first-order digital content creators. As such, this Note proposes a reinterpretation of the fair use factors in light of digital appropriation and social media

Making space for proactive adaptation of rapidly changing coasts: a windows of opportunity approach

Coastlines are very often places where the impacts of global change are felt most keenly, and they are also often sites of high values and intense use for industry, human habitation, nature conservation and recreation. In many countries, coastlines are a key contested territory for planning for climate change, and also locations where development and conservation conflicts play out. As a “test bed” for climate change adaptation, coastal regions provide valuable, but highly diverse experiences and lessons. This paper sets out to explore the lessons of coastal planning and development for the implementation of proactive adaptation, and the possibility to move from adaptation visions to actual adaptation governance and planning. Using qualitative analysis of interviews and workshops, we first examine what the barriers are to proactive adaptation at the coast, and how current policy and practice frames are leading to avoidable lock-ins and other maladaptive decisions that are narrowing our adaptation options. Using examples from UK, we then identify adaptation windows that can be opened, reframed or transformed to set the course for proactive adaptation which links high level top-down legislative requirements with local bottom-up actions. We explore how these windows can be harnessed so that space for proactive adaptation increases and maladaptive decisions are reduced

Institutional theory and legislatures

Institutionalism has become one of the dominant strands of theory within contemporary political science. Beginning with the challenge to behavioral and rational choice theory issued by March and Olsen, institutional analysis has developed into an important alternative to more individualistic approaches to theory and analysis. This body of theory has developed in a number of ways, and perhaps the most commonly applied version in political science is historical institutionalism that stresses the importance of path dependency in shaping institutional behaviour. The fundamental question addressed in this book is whether institutionalism is useful for the various sub-disciplines within political science to which it has been applied, and to what extent the assumptions inherent to institutional analysis can be useful for understanding the range of behavior of individuals and structures in the public sector. The volume will also examine the relative utility of different forms of institutionalism within the various sub-disciplines. The book consists of a set of strong essays by noted international scholars from a range of sub-disciplines within the field of political science, each analyzing their area of research from an institutionalist perspective and assessing what contributions this form of theorizing has made, and can make, to that research. The result is a balanced and nuanced account of the role of institutions in contemporary political science, and a set of suggestions for the further development of institutional theory

EU Conditionality on Nationality-Sensitive Matters in Bosnia and Herzegovina: Promoting Democracy or Maintaining the Status Quo? EDAP 5/2013

This paper will analyse the impact of the EU conditionality in Bosnia and Herzegovina (BiH) and its efficacy in promoting democratic changes in this country. It will be argued that as BiH is a unique case, its constitutional constraints must be taken into account because every reform that affects the difficult balance between the three main ethno-religious groups of BiH is perceived as a nationality-sensitive issue and is therefore vulnerable to political pressure. With reference to two specific situations where EU has demanded the BiH political elites to adopt EU-compatible reforms, namely the police reform process and the implementation of the Sejdić and Finci ruling, it will be argued that the use of the conditionality tool has increased inter-ethnic polarization among the political parties, thus preventing Bosnia and Herzegovina from moving forward in the EU integration process

The Transformative Power of Europe Reloaded - The Limits of External Europeanization

With the borders of the European Union (EU) moved eastwards, students of Europeanization have been awarded yet another real-world experiment. This paper explores to what extent existing Europeanization approaches travel beyond the EU’s border to its South Eastern and Eastern neighbours, which are marked by bad governance with regard to both the effectiveness and democratic legitimacy of their domestic institutions. The first part outlines key insights of the literature on Europeanization West regarding the outcomes and the mechanism of the domestic impact of the EU. Then, I summarize the main findings of research on Europeanization East focusing on factors that have limited or at least qualified the domestic impact of the EU in the ten Central and Eastern Europe (CEE) countries in comparison to the EU 15 (those that were members before the 2004 enlargement). This paper discusses to what extent the concepts and causal mechanisms need even further qualification when applied to countries, such as the European Neighbourhood Countries (ENC), that are neither willing nor necessarily capable of adapting to Europe and that do not even have the incentive of EU membership to cope with the costs. I will argue that the EU is unlikely to deploy any transformative power in its neighbourhood as long as it does not adjust its accession tool box to countries the EU does not want to take on as members. The paper concludes with some considerations on the policy implications of the EU’s approach of move closer but don’t touch which has started to creep into its relations with the Western Balkans and Turkey.EU-South-Eastern Europe; EU-South-Eastern Europe; governance; democracy; Europeanization; Europeanization

Reconceptualising adaptation to climate change as part of pathways of change and response

The need to adapt to climate change is now widely recognised as evidence of its impacts on social and natural systems grows and greenhouse gas emissions continue unabated. Yet efforts to adapt to climate change, as reported in the literature over the last decade and in selected case studies, have not led to substantial rates of implementation of adaptation actions despite substantial investments in adaptation science. Moreover, implemented actions have been mostly incremental and focused on proximate causes; there are far fewer reports of more systemic or transformative actions. We found that the nature and effectiveness of responses was strongly influenced by framing. Recent decision-oriented approaches that aim to overcome this situation are framed within a "pathways" metaphor to emphasise the need for robust decision making within adaptive processes in the face of uncertainty and inter-temporal complexity. However, to date, such "adaptation pathways" approaches have mostly focused on contexts with clearly identified decision-makers and unambiguous goals; as a result, they generally assume prevailing governance regimes are conducive for adaptation and hence constrain responses to proximate causes of vulnerability. In this paper, we explore a broader conceptualisation of "adaptation pathways" that draws on 'pathways thinking' in the sustainable development domain to consider the implications of path dependency, interactions between adaptation plans, vested interests and global change, and situations where values, interests, or institutions constrain societal responses to change. This re-conceptualisation of adaptation pathways aims to inform decision makers about integrating incremental actions on proximate causes with the transformative aspects of societal change. Case studies illustrate what this might entail. The paper ends with a call for further exploration of theory, methods and procedures to operationalise this broader conceptualisation of adaptation