The Evolution of Originality in Canadian Copyright Law: Authorship, Reward and the Public Interest

Originality is a foundational concept in copyright law: it defines the works to which copyright attaches and delineates the scope of protection they receive. The Supreme Court of Canada, in its recent ruling in CCH Canadian Ltd. v. Law Society of Upper Canada, appears to have settled the conflict between creativity and sweat-of-the-brow standards for originality, espousing a compromise position requiring skill and judgment. In this paper, the author aims to locate the evolution of the originality doctrine within the context of a foundational shift in Canadian copyright theory. When benefiting authors was copyright\u27s only recognized purpose, originality was determined with reference to the author\u27s rights: the emergence of a creativity threshold in Canada was infused with a personality-based vision of the author\u27s rights, the industriousness threshold was informed by a perceived need to reward an author\u27s labour. However, the Supreme Court in Theberge v. Galerie d\u27Art du Petit Champlain insisted that furthering the public interest in the production and dissemination of intellectual works is also a primary purpose of copyright. The CCH decision at the Supreme Court represents the first occasion on which a Canadian court has taken the public interest side of the copyright balance seriously when defining and applying the originality standard. The author argues that this elevation of public interest considerations provides a more suitable framework for developing copyright policy, particularly in the information age. However, given the case-by-case nature of originality determinations and the tensions inherent in the Theberge balancing act, the author cautions that the actual consequences of this development remain to be seen

The construction of creativity: using video to explore secondary school music teachers’ views

This paper is taken from research which seeks to illustrate how English secondary school music teachers view creativity. It explores methodological issues regarding the eliciting of the views of teachers regarding creativity, with particular reference to the use of videotaped extracts of lessons during in-depth semi-structured interviews. Various research designs and results from previous studies are examined and the implications pointed out. A pilot study using a theoretical four-fold framework (pupil-environment-process-product) is reported. A qualitative research design was used to allow teachers to reflect on their own ideas. Music lessons on composition and improvisation from three schools were observed and videotaped. The teachers were interviewed and asked to complete a ‘Musical Career Path’. The process of analysis was assisted by a software package for qualitative research (i.e. NUDIST). The conclusions presented some subcategories that supported the initial framework and exemplified the complexities in defining the term ‘creativity’, pointing to a need for further enquiry. It is suggested that the use of videotaped extracts of lessons for the purpose of discussion with participants during the interviews, proved beneficial in exploring the teachers’ views of creativity. This method may have relevance for both researchers and practitioners interested in teachers’ attitudes

Towards designing a sustainable is-enabled service delivery system

This paper aims to bring into focus the concept of service sustainability. The normative literature advocates that services by companies, government institutions and service delivery are still posing great challenges to many organizations in this digital age. In highlighting the distinctive feature of service innovation, businesses will be able to maintain competitive advantage. In examining the literature on the service concept, successful companies have the customer at the forefront of their business strategy. As a result, the authors formulate suggestions on the most effective way an organization and the people concerned, can recast strategic thinking. to anticipate and adapt to ever increasing changing service environment. The contribution of the study is an IS-enabled Service Delivery Model (SDM) that places customer and staff as an integral part of the service delivery system with managed interactions and continuous quality control. This intends to support practitioners and researchers which could provide the former useful means of conceptualizing service, and raises an important issue to the latter in revisiting service quality research

A systematic review of protocol studies on conceptual design cognition: design as search and exploration

This paper reports findings from the first systematic review of protocol studies focusing specifically on conceptual design cognition, aiming to answer the following research question: What is our current understanding of the cognitive processes involved in conceptual design tasks carried out by individual designers? We reviewed 47 studies on architectural design, engineering design and product design engineering. This paper reports 24 cognitive processes investigated in a subset of 33 studies aligning with two viewpoints on the nature of designing: (V1) design as search (10 processes, 41.7%); and (V2) design as exploration (14 processes, 58.3%). Studies on search focused on solution search and problem structuring, involving: long-term memory retrieval; working memory; operators and reasoning processes. Studies on exploration investigated: co-evolutionary design; visual reasoning; cognitive actions; and unexpected discovery and situated requirements invention. Overall, considerable conceptual and terminological differences were observed among the studies. Nonetheless, a common focus on memory, semantic, associative, visual perceptual and mental imagery processes was observed to an extent. We suggest three challenges for future research to advance the field: (i) developing general models/theories; (ii) testing protocol study findings using objective methods conducive to larger samples and (iii) developing a shared ontology of cognitive processes in design

How do secondary school music teachers view creativity? A report on educators' views of teaching composing skills

This paper explores secondary school music teachers' views of creativity and some of their ideas about teaching composing skills. In order to do this, firstly an initial explanation of past and present controversies surrounding the meaning of the term creativity is given. The centralised production of music curricula during the 1990s has unified the knowledge pupils are expected to ‘attain’. However, issues concerning creativity, its meanings and their interpretation remain because they have not been resolved by centralised policy production. Secondly, different approaches taken by several studies on creativity are reviewed and a four-fold framework for researching music teachers' views of creativity is suggested (i.e. Pupil - Environment - Process - Product). Finally, preliminary results of an enquiry carried out in England with six teachers are presented for consideration. A qualitative research design was used to allow teachers to reflect on their ideas. Selected videotaped extracts of their own lessons on composition and improvisation where used for the purpose of discussion with participants during later interviews. The process of analysis was assisted by a software package for qualitative research (i.e. NUDIST). The conclusions drawn from the interviews indicated to some new categories and subcategories that supported the initial framework. The focus in this paper is on the teachers' definitions of creativity, their role in teaching composing skills and the positive influence of teaching in developing their own creativity. The teachers' comments revealed some of the complexities embraced within the concept of creativity and its use in music education

"A step into the abyss" Transmedia in the UK Games and Television Industries

This article uses a media industries studies perspective to investigate the current state of transmedia production in the UK. Analysing the discursive statements of a range of industry participants from both UK television and games industries, the article reveals a series of contradictions and misunderstandings that may be limiting the effectiveness of multi-platform projects. By comparing overlapping discursive patterns around attitudes to risk, measures of success, authorship between the two industries, and repeated concerns over the balance of creative and commercial imperatives, the article argues that existing hierarchies of power between media industries threaten to derail future convergence

A Description Logic Framework for Commonsense Conceptual Combination Integrating Typicality, Probabilities and Cognitive Heuristics

We propose a nonmonotonic Description Logic of typicality able to account for the phenomenon of concept combination of prototypical concepts. The proposed logic relies on the logic of typicality ALC TR, whose semantics is based on the notion of rational closure, as well as on the distributed semantics of probabilistic Description Logics, and is equipped with a cognitive heuristic used by humans for concept composition. We first extend the logic of typicality ALC TR by typicality inclusions whose intuitive meaning is that "there is probability p about the fact that typical Cs are Ds". As in the distributed semantics, we define different scenarios containing only some typicality inclusions, each one having a suitable probability. We then focus on those scenarios whose probabilities belong to a given and fixed range, and we exploit such scenarios in order to ascribe typical properties to a concept C obtained as the combination of two prototypical concepts. We also show that reasoning in the proposed Description Logic is EXPTIME-complete as for the underlying ALC.Comment: 39 pages, 3 figure

Rational vs emotional communication models. Definition parameters of advertising discourses

The new information technology, as well as changes in the consumer, have generated transformations in the strategic advertising focus. Since rational communication focuses on the product, it seeks clarity by articulating benefits and by relying on strategic mechanisms such as Reeves’ Unique Selling Proposition (USP). Through this article, we conducted a theoretical review of the resulting rational and emotional communication models from combining different parameters that result in new advertising discourses. For this, we will combine the theory with examples of awarded cases in different Advertising contests to understand the current thin line between the rational and emotional advertising messages.Las nuevas Tecnologías de la Información, así como los cambios en el consumidor, han generado transformaciones en el enfoque estratégico publicitario. La comunicación racional, al estar centrada en el producto, busca la claridad, articulando beneficios claros y apoyándose en mecanismos estratégicos como la Unique Selling Proposition (USP) de Reeves. Por medio de este artículo, realizamos una revisión teórica sobre los modelos de comunicación racional y emocional resultantes si combinamos diferentes parámetros que dan como resultado nuevos discursos publicitarios. Para ello, combinaremos la parte teórica con ejemplos de casos galardonados en diferentes certámenes de Publicidad para comprender la delgada línea entre lo racional y emocional q

Simon's Bounded Rationality. Origins and use in economic theory

The paper aims to show how Simon's notion of bounded rationality should be interpreted in the light of its connection with artificial intelligence. This connection points out that bounded rationality is a highly structured concept, and sheds light on several implications of Simon's general views on rationality. Finally, offering three paradigmatic examples, the artic1e presents the view that recent approaches, which refer to Simon's heterodox theory, only partially accept the teachings of their inspirer, splitting bounded rationality from the context of artificl al intelligence.

Creative Economy, Cultural Industries and Local Development

The purpose of this paper is to draw a clear picture of creative and cultural industries and of the creative economy, as driving factors of economic growth and local development. To this aim, the paper analyzes some recent data on the significance of the creative economies, reflecting on the concepts of creative and cultural industries. In the text, attention is paid to the links between creative economy and local development on one hand, and the concepts of territorial capital and social capital on the other side. In the end, the work focuses on presenting the results of an in-progress study, about the recent literature on the mentioned issues, presenting a brief overview of some significant works