244 research outputs found

    Strict Liability and Negligence in Copyright Law: Fair Use as Regulation of Activity Levels

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    I. Introduction II. Strict Liability and Negligence in the Law of Accidents ... A. Unilateral Accidents: Care and Activity Levels ... B. Bilateral Accidents: Care and Activity Levels ... C. The Challenges of Regulating Levels of Activity III. Strict Liability and Negligence in Copyright ... A. The Case for Strict Liability in Copyright Law: Generating Authorial Incentives ... B. The Case for Negligence in Copyright Law: Fair Use as Regulation of Activity Levels IV. Legal Nature of Fair Use as a Negligence Standard ... A. Why Combine Strict Liability with Negligence? ... B. Further Reasons Behind the Choice of the Test ... C. Copyright’s Rule of Reason ... D. A Multifactorial Test: The Role of the Four Factors ... E. Administrating the Multifactorial Test ... F. Copyright Infringement as a Bilateral Accident: When the Rights Holder Has an Incentive to Exercise Due Care V. Case Law Analysis ... A. Institutional Photocopying ... B. Comment and Criticism ... C. News Reporting ... D. Private/Personal Uses 
 E. Appropriation Art ... F. Uses Facilitating the Access to Information VI. Conclusio

    Strict Liability and Negligence in Copyright Law: Fair Use as Regulation of Activity Levels

    Get PDF
    I. Introduction II. Strict Liability and Negligence in the Law of Accidents ... A. Unilateral Accidents: Care and Activity Levels ... B. Bilateral Accidents: Care and Activity Levels ... C. The Challenges of Regulating Levels of Activity III. Strict Liability and Negligence in Copyright ... A. The Case for Strict Liability in Copyright Law: Generating Authorial Incentives ... B. The Case for Negligence in Copyright Law: Fair Use as Regulation of Activity Levels IV. Legal Nature of Fair Use as a Negligence Standard ... A. Why Combine Strict Liability with Negligence? ... B. Further Reasons Behind the Choice of the Test ... C. Copyright’s Rule of Reason ... D. A Multifactorial Test: The Role of the Four Factors ... E. Administrating the Multifactorial Test ... F. Copyright Infringement as a Bilateral Accident: When the Rights Holder Has an Incentive to Exercise Due Care V. Case Law Analysis ... A. Institutional Photocopying ... B. Comment and Criticism ... C. News Reporting ... D. Private/Personal Uses 
 E. Appropriation Art ... F. Uses Facilitating the Access to Information VI. Conclusio

    Strict Liability and Negligence in Copyright Law: Fair Use as Regulation of Activity Levels

    Get PDF
    I. Introduction II. Strict Liability and Negligence in the Law of Accidents ... A. Unilateral Accidents: Care and Activity Levels ... B. Bilateral Accidents: Care and Activity Levels ... C. The Challenges of Regulating Levels of Activity III. Strict Liability and Negligence in Copyright ... A. The Case for Strict Liability in Copyright Law: Generating Authorial Incentives ... B. The Case for Negligence in Copyright Law: Fair Use as Regulation of Activity Levels IV. Legal Nature of Fair Use as a Negligence Standard ... A. Why Combine Strict Liability with Negligence? ... B. Further Reasons Behind the Choice of the Test ... C. Copyright’s Rule of Reason ... D. A Multifactorial Test: The Role of the Four Factors ... E. Administrating the Multifactorial Test ... F. Copyright Infringement as a Bilateral Accident: When the Rights Holder Has an Incentive to Exercise Due Care V. Case Law Analysis ... A. Institutional Photocopying ... B. Comment and Criticism ... C. News Reporting ... D. Private/Personal Uses 
 E. Appropriation Art ... F. Uses Facilitating the Access to Information VI. Conclusio

    Phytosociological study of Hirschfeldia incana (L.) Lagraze-Fossat (Cruciferae) communities in mainland Greece

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    Using numerical analysis, the phytosociological study of Hirschfeldia incana communities in mainland Greece allowed their classification into the Rapistro rugosi-Hirschfeldietum incanae ass. nov., a new subnitrophilous association of the Hordeion leporini alliance. Three subassociations were distinguished (anthemidetosum incrassatae, hedypnoidetosum creticae and cardarietosum drabae), the distribution of which seems to depend on latitudinal alteration of rainfall. The new association has its optimum growth in habitats with moderate human influence, specifically in abandoned cultivations and wastelands. With respect to its floristic composition, the Rapistro rugosi-Hirschfeldietum incanae is close to anthropogenic vegetation with a high degree of naturalness, particularly to the therophytic, subnitrophilous vegetation of the Thero-Brometalia (Stellarietea mediae) and the perennial, subnitrophilous vegetation of Carthametalia lanati (Artemisietea vulgaris)

    The impact of temperature on wave interaction with damage in composite structures

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    The increased use of composite materials in modern aerospace and automotive structures, and the broad range of launch vehicles’ operating temperature imply a great temperature range for which the structures has to be frequently and thoroughly inspected. A thermal mechanical analysis is used to experimentally measure the temperature-dependent mechanical properties of a composite layered panel in the range of −100 ℃ to 150 ℃. A hybrid wave finite element/finite element computational scheme is developed to calculate the temperature-dependent wave propagation and interaction properties of a system of two structural waveguides connected through a coupling joint. Calculations are made using the measured thermomechanical properties. Temperature-dependent wave propagation constants of each structural waveguide are obtained by the wave finite element approach and then coupled to the fully finite element described coupling joint, on which damage is modelled, in order to calculate the scattering magnitudes of the waves interaction with damage across the coupling joint. The significance of the panel’s glass transition range on the measured and calculated properties is emphasised. Numerical results are presented as illustration of the work

    Electromagnetic shielding effectiveness of carbon fibre reinforced composites

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    This paper reports results on the shielding effectiveness parameter of laminated epoxy composites with carbon fibre reinforcements. Measurements of shielding effectiveness were carried out with a coaxial transmission line testing chamber according to ASTM 4935 standard and epoxy-matrix composites with continuous carbon-fibres were proven to be an excellent electromagnetic interference shielding material, where a composite slab made of 4 layers of prepregs provided more than 99.9% of electromagnetic attenuation. It was found that the reflection mechanism of the shielding material was mainly influenced by the fibre volume ratio, and that an increase in the number of layers of the composite resulted in higher shielding effectiveness due to a greater absorption mechanism. Calculations of the shielding effectiveness parameter of the material used were made by means of commercial electromagnetic simulation tools, having determined experimentally the overall resistivity of the composite. The findings presented in this work suggest that in presence of a greater number of interfaces at different impedance the separate modelling of matrix and fibres at mesoscopic scale must be taken into account

    Global–local multidisciplinary optimisation for the evaluation of local constraints on finer meshes in preliminary aircraft design

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    Multidisciplinary design optimisation (MDO) is a methodology increasingly being used in the preliminary design of aircraft. To limit the computational cost of the procedure, it is generally based on coarse models, which do not accurately capture the internal deformation of details with a complex geometry. Therefore, it is not possible to apply constraints in these areas and designers are limited to a conservative pre-sizing of these parts, which are then kept fixed during the optimisation. In this paper we expose the limitations of this approach and present a novel methodology for the preliminary sizing of aircraft, based on global–local MDO. The commonly used coarse model is used together with finer local models, for the parts where additional accuracy is needed. The global–local analysis solves the internal deformation field with sufficient accuracy for the evaluation of local constraints. Furthermore, thanks to the formulation we introduce to compute the coupled sensitivities, the optimiser successfully finds a locally feasible design

    Mitochondrial Homeostasis and Cellular Senescence

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    Cellular senescence refers to a stress response aiming to preserve cellular and, therefore, organismal homeostasis. Importantly, deregulation of mitochondrial homeostatic mechanisms, manifested as impaired mitochondrial biogenesis, metabolism and dynamics, has emerged as a hallmark of cellular senescence. On the other hand, impaired mitostasis has been suggested to induce cellular senescence. This review aims to provide an overview of homeostatic mechanisms operating within mitochondria and a comprehensive insight into the interplay between cellular senescence and mitochondrial dysfunction

    Wave interaction with defects in pressurised composite structures

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    There exists a great variety of structural failure modes which must be frequently inspected to ensure continuous structural integrity of composite structures. This work presents a Finite Element (FE) based method for calculating wave interaction with damage within structures of arbitrary layering and geometric complexity. The principal novelty is the investigation of pre-stress effect on wave propagation and scattering in layered structures. A Wave Finite Element (WFE) method, which combines FE analysis with periodic structure theory (PST), is used to predict the wave propagation properties along periodic waveguides of the structural system. This is then coupled to the full FE model of a coupling joint within which structural damage is modelled, in order to quantify wave interaction coeffcients through the joint. Pre-stress impact is quantified by comparison of results under pressurised and non-pressurised scenarios. The results show that including these pressurisation effects in calculations is essential. This is of specific relevance to aircraft structures being intensely pressurised while on air. Numerical case studies are exhibited for different forms of damage type. The exhibited results are validated against available analytical and experimental results
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