Research Perspectives on the Public Domain: Digital Conference Proceedings

The public domain is a subject of vital interest to legal scholars, but its implications are far reaching – indeed, the public domain concept is germane to subjects as diverse as film and media studies, economics, political science and organisational theory. It was a central purpose of the workshop to arrive at a workable definition of the public domain suitable for empirical investigation. The traditional definition (1) takes the copyright term as the starting point, and defines the public domain as “out of copyright”, i.e. all uses of a copyright work are possible. A second, more fine-grained definition (2) still relies on the statutory provisions of copyright law, and asks what activities are possible with respect to a copyright work without asking for permission (e.g. because use is related to “underlying ideas” not appropriating substantial expressions, or because use is covered by specific copyright exceptions). A third definition (3) includes as part of the public domain all uses that are possible under permissive private ordering schemes (such as creative commons licences). A forth definition (4) moves into a space that includes use that would formally be copyright infringement but is endorsed, or at least tolerated by certain communities of practice (e.g. machinima or fan fiction)

Data Collection and Leakage

Every year millions of digital records containing personally identifiable information are exposed. When are malicious hackers to blame, and when is it organizational malfeasance? Which kinds of organizations—private firms, government agencies, or educational institutions—loose the most data? With over 1.9 billion records lost (on average that’s 9 records per U.S. adult), a surprising number of the breaches can be attributed to organizational practices

With Enough Eyeballs All Searches Are Diligent: Mobilizing the Crowd in Copyright Clearance for Mass Digitization

Digitization of 20th Century cultural heritage is severely restricted due to the real or potential subsistence of copyright and related rights. Under the laws on orphan works introduced in many countries, items whose copyright status is uncertain may possibly be lawfully digitized, on condition that a “diligent search” of the copyright owners has been performed. However, carrying out diligent searches on large collections is a lengthy and expensive process, which may discourage institutional users from embarking on large-scale digitization. While the problem of performing diligent searches has been so far approached in a “centralized” manner by individual institutions, the article suggests a de-centralized approach based on crowdsourcing certain phases of the diligent search process. The proposed solution may alleviate the problem of the high costs of diligent search, and may ultimately enable cultural heritage institutions to take full advantage of the orphan works legislation. Suitability of the crowdsourcing solution to the cultural heritage sector is discussed and challenges to implementation are identified

Evaluating the Impact of Parody on the Exploitation of Copyright Works: An Empirical Study of Music Video Content on YouTube

The status of parody and related derivative works within the UK copyright framework lacks clarity and has been recommended for further policy study in two recent independent reviews: the Gowers Review of Intellectual Property in 2006 and the more recent Hargreaves Review of Intellectual Property and Growth published in 2011. This recent review highlights the dual importance of parodic works both as a form of cultural expression and as a potential source of innovation and growth. A key recommendation of Hargreaves is for the UK to introduce a new fair dealing copyright exception for parody. However, a shortage of empirical data renders policy intervention in this area difficult. The issue is complicated by the inherently creative nature of parody, ambiguity about its definition and the multiplicity of economic and legal approaches that may be applied. In December 2011, following an open call to tender, the UK Intellectual Property Office (IPO) commissioned research from the Media School and the Centre for Intellectual Property Policy and Management (CIPPM) at Bournemouth University to undertake research into the potential effects for rightsholders, creators and audiences of introducing a copyright exception for Parody in the UK. This document reports the key findings of the empirical study carried out by Dr. Kris Erickson and research assistants at Bournemouth University. The primary purpose of this research is to assess the potential for economic damage to rightsholders should an exception for parody be introduced. First, it provides an overview of the online video market, the field site, and the methodology used. A sample of 8299 user-generated music video parodies was identified relating to the top-100 charting music singles in the UK for the year 2011. The main body of the report discusses the empirical findings that emerge from the stud

The reasons for copyright takedown on YouTube, and what they tell us about copyright exceptions

What motivates copyright owners to seek the removal of unauthorised derivative works such as parody and remix? In January 2012, the researchers constructed an independent dataset of 1845 potentially infringing music video parodies on YouTube referencing 343 top-100 charting commercial music tracks in the UK. At a 12-months interval, in January 2013, the dataset was re-examined to identify parody videos taken down at the request of rightsholders over the preceding year. The researchers determine the overall frequency of YouTube takedowns for this sample (15.5%) and hypothesize factors that predict the likelihood of a takedown notice. Songs originating in the EU were subject to a higher rate of takedown than those originating in the USA, suggesting that the “fair use” concept does have an impact on takedown. Apart from (1) territory, we find that the only significant predictors of takedowns are (2) the presence of a copied sound recording in the parody video (presumably by an automated identification process), and (3) the level of skill apparent in the production of the parody, with low-skill parodies taken down more frequently. Other concerns expressed by rightsholders, such as negative reputational effects caused by inappropriate use (potential moral rights infringements), do not appear to predict takedowns. Popularity (viewing figures) or content (the critical stance of the parodist toward the original work) do not trigger a systematic response from rights holders

Identification of unique expression signatures and therapeutic targets in esophageal squamous cell carcinoma

<p>Abstract</p> <p>Background</p> <p>Esophageal squamous cell carcinoma (ESCC), the predominant histological subtype of esophageal cancer, is characterized by high mortality. Previous work identified important mRNA expression differences between normal and tumor cells; however, to date there are limited <it>ex vivo </it>studies examining expression changes occurring during normal esophageal squamous cell differentiation versus those associated with tumorigenesis. In this study, we used a unique tissue microdissection strategy and microarrays to measure gene expression profiles associated with cell differentiation versus tumorigenesis in twelve cases of patient-matched normal basal squamous epithelial cells (NB), normal differentiated squamous epithelium (ND), and squamous cell cancer. Class comparison and pathway analysis were used to compare NB versus tumor in a search for unique therapeutic targets.</p> <p>Results</p> <p>As a first step towards this goal, gene expression profiles and pathways were evaluated. Overall, ND expression patterns were markedly different from NB and tumor; whereas, tumor and NB were more closely related. Tumor showed a general decrease in differentially expressed genes relative to NB as opposed to ND that exhibited the opposite trend. FSH and IgG networks were most highly dysregulated in normal differentiation and tumorigenesis, respectively. DNA repair pathways were generally elevated in NB and tumor relative to ND indicating involvement in both normal and pathological growth. PDGF signaling pathway and 12 individual genes unique to the tumor/NB comparison were identified as therapeutic targets, and 10 associated ESCC gene-drug pairs were identified. We further examined the protein expression level and the distribution patterns of four genes: ODC1, POSTN, ASPA and IGF2BP3. Ultimately, three genes (ODC1, POSTN, ASPA) were verified to be dysregulated in the same pattern at both the mRNA and protein levels.</p> <p>Conclusions</p> <p>These data reveal insight into genes and molecular pathways mediating ESCC development and provide information potentially useful in designing novel therapeutic interventions for this tumor type.</p

Intellectual property enclosure and economic discourse in the 2012 London Olympic Games.

Special legislation associated with mega sporting events has enabled new forms of cultural enclosure, effectively commoditising aspects of cultural expression that previously remained in the public domain. In this article, the authors examine the tension between economic and political justifications for hosting the Olympics and the intellectual property enclosures that are imposed upon host nations. These enclosures extend beyond what is traditionally protected under trade mark law, to include ‘generic’ terms. Enabling market competitors to freely use generic, descriptive language is a core doctrine of trade mark law, seeking to balance monopoly IP rights with free market competition. The authors evaluate the impact of special legislative enclosures on the public interest, and argue that collective access to expression should be more carefully considered in political and economic calculations of the value of the Olympics