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New UK Legislation Part 2
Lydiate, Henry Art Monthly; (274) Mar 2004, pp.45 Summarizes various
changes made to copyright law that took effect in Britain on 31 Oct. 2003.
The author appreciates new changes in the law, including strictures on a
piece of reportage to qualify as a "permitted act", strictures on where
photographs of broadcasts may be taken, the illegality of circumventing
protection measures within works including software, rights of legal power
for non-exclusive copyright licensees, and the implications of the latter
for bargaining and negotiations. He concludes by summarizing provisional
measures instituted to assist in the transition to the new copyright laws
and stressing that many agreements reached before 31 Oct. 2003 will proceed
under the old version of the law.
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New UK Legislation Part 1
Lydiate, Henry Art Monthly; (273) Feb 2004, pp.45 The first of two
articles discussing changes introduced to British copyright law on 31 Oct.
2003, focusing on how it relates to artistic creation. The author notes
that the new legislation served to help regularize copyright law throughout
the European Union, outlines the existing copyright law dating from 1988,
and reports on the introduction of the new right extended to copyright
owners to control the communication of their work by `electronic
transmission. He explains the ambiguityof the former right to `issue copies
of the copyrighted work with regard to the Internet, comments on the
inclusion of permission to transmit copyrighted material by Internet
service providers without copyright infringement, and considers the
amendment of the former notion of `fair dealing in relation to the use of
copyrighted material in project research. He contrasts the new legislations
provisions regarding commercial and non-commercial research, and concludes
by highlighting the use of the same distinction in the matter of the use of
copyrighted material in education.
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Romancing the disc
Economist; 370 (8361) 7 Feb 2004, pp.63-64 Hollywood now earns more
money from home entertainment than from the showing of films in cinemas.
Yet the more addicted to DVD that Hollywood becomes, the more painfully it
will suffer if piracy gets a grip.
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Rights: Cinderella of sales?
Owen, Lynette Bookseller; (5113) 30 Jan 2004, pp.26 UK publishers have
access to all sorts of sales data, but do not knowthe value or volume of
the industry's rights business. In the first of an issue-led series by
experts in their field, the copyright director of Pearson Education argues
for comprehensive and reliable data on intellectual property sales.
(Original abstract - amended)
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Joint enterprise
Lydiate, Henry Art Monthly; (271) Nov 2003, pp.41 Discusses legal
issues concerning collaborative art projects. The author examines two or
more artists working together, the use of studio assistants, and considers
the questions of authorship and copyright. Among artists and partnerships
referred to are: the Boyle family, Gilbert and George, Langlands and Bell,
Boyd and Evans, Louise and Jane Wilson, Ian Forsyth and Jane Pollard, Jake
and Dinos Chapman, Marcel Duchamp, Jacqueline Monnier, Joseph Cornell, Andy
Warhol, Gerard Malanga, Paul Morrissey, Henry Moore, Anthony Caro, Michael
Craig-Martin, JulianOpie, Liam Gillick, Damien Hirst, and Rachel Howard.
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Copyright: the compromise
Jones, Hugh Bookseller; (5100) 24 Oct 2003, pp.26 The UK (finally)
updates it law to comply with the EU's 2001 Copyright Directive. The
changes are far reaching, designed to harmonise and upgrade UK copyright
law for the digital age. Details the changes, and why they are important.
(Quotes from original text)
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Hollywood's piracy epic: the film industry tries to repel the threat
from the internet raiders
Larsen, Peter Thal; Morrison, Scott Financial Times; 12 Sep 2003,
pp.23 Full page analysis article on intellectual property issues in
Hollywood. Illegal online file sharing has savaged the music business. With
broadband connections becoming widely available, studios know they mustact
quickly if they are not to be the next victims. (Original abstract -
amended)
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Creative industries: commercial dimensions
Lydiate, Henry Art Monthly; (268) Jul 2003-Aug 2003, pp.53 On the
occasion of the Creative Business Forum conference held at theCommonwealth
Centre in London (May 2003), discusses the limits and needs of creative
industries in Britain. The author considers the growthof creative
industries in Britain in recent years, examines the limitations that
prevent creative industries from increasing their annual revenues, and
highlights some of the speakers at the conference. He focuses on five
issues and recommendations discussed at the conference, namely the need to
find sponsors for creative projects, the need to support creative skills
and curricula in educational institutions, the importance of brands for the
creator and the consumer, the relevance of broadband Internet access to
produce and distribute rapidly, and the need to reconsider intellectual
property rights legislation. He concludes by highlighting ways to support
creative industries.
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Reclaiming the digital commons
Poynder, Richard Information Today; 20 (6) Jun 2003, pp.33-34, 36 2nd
of 2 articles. Examines some of the initiatives aimed at protecting and
reclaiming the "digital commons". Addresses concerns that aggressive use of
intellectual property, most notably copyright and patents, threatens to
"enclose" the open nature of the Internet and therefore privatize it by
stealth. Critics argue that today's overgenerous patent system will enable
opportunistic companies to appropriate the Web's infrastructure and
transform the Internet's free and open platform into a proprietary network.
Furthermore, ever more powerful copyright laws, coupled with copy
protection tools and industry consolidation, will enable a small group of
media and information companies to exert increasingly monopolistic control
over digital content.
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Enclosing the digital commons
Poynder, R Information Today; 20 (5) May 2003, p.37-8 1st of 2
articles. Quotes a number of sources showing that there is growing concern
that aggressive use of intellectual property rights is threatening the
development of the Internet. Many are drawing parallels to the enclosures
in pre-industrial Europe when commonly held land was taken into private
ownership, leading to considerable abuse. Controversial Internet related
patents include the Amazon.com 1-Click patent, the Web based shopping cart
patent now owned by divine, the GIF file algorithm patent held by Unisys,
the patent thatBritish Telecommunications (BT) claimed gave it ownership of
the hyperlink, and the SBC patent for a widely used Web navigation
technique.
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Standing up for copyrights
Baverstock, A Bookseller; (5076) 9 May 2003, p.10 Universities want a
share of academics' royalties, while publishers must defend their own
positions. Reports from a conference on intellectual property rights.
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The great giveaway
Lawton, G New Scientist. Vol. 173, no. 2328, pp. 34-7. 2 Feb. 2002 The
debate over 'open source' movement began as a technical debate over the
best way to debug computer programs and is now developing into a political
battle over the ownership of knowledge and how it is used. The debate is
between those who believe in the free circulation of ideas and those who
prefer to designate them 'intellectual property'. With open source, the
full details of an invention or innovation is provided free of charge to
anyone who is interested. The open source movement originated in 1984 when
computer scientist Richard Stallman set up the Free Software Foundation to
create high-quality software that was freely available to everybody.
Currently, the movement is best exemplified by Linux, an operating system
created by Finnish student Linus Torvalds in the early 1990s and installed
on around 18 million computers worldwide. The General Public License, or
'copyleft', is a legal instrument created to cover open source software and
maintain some sort of order. (Abstract quotes from original text)
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Copyright Office issues first sale report
Gasaway, L Information Outlook; 6 (1) Jan 2002, p.40 Deals with the
first sale doctrine portion of the US Copyright Office's Digital Millennium
Copyright Act (DMCA) Section 104 Report of Aug 2001. Explains the doctrine
and notes the disappointment felt by librarians that the report's analysis
fails to recognise the role first sale doctrine plays in promoting the
purposes of US copyright law. Also notes that transmissions over the
Internet, which produce a copy on the recipient's computer, is a copy to
which the doctrine does not apply.
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Rights in the Twentyfirst century
Owen, L Bookseller; (4969) 6 Apr 2001, p.28-9 The past decade has
witnessed changes in technological communication that have challenged the
publishing industry with both threats and opportunities. Inevitably these
changes have had an impact on rights trading. As an inevitable consequence
of the new technologies - and in particular of the all-pervasive influence
of the Internet - the question of whether or not copyright still provides
an adequate framework for the protection of intellectual property has been
the topic of much debate. Rarely has copyright received such attention at
international, national government and industry levels. (Quotes from
original text)
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If information wants to be free . . . then who's going to pay for
it?
Kaser, R T D-Lib Magazine; 6 (5) May 2000, No page numbers The full
text of this electronic journal article can be found at
[URL:http://www.dlib.org/dlib/may00/kaser/05kaser.html]. Examines the idea
of 'free information' and the various ways in which the community of
information users perceive information as being free. Notes that users
expect to borrow books from libraries but also expect to pay to own books,
suggesting that, as a society, users pay for the medium and not the message
and perceive that the value resides in the copy, not in the content; which
is expected to be free to be used and reused. Discusses the common
attitudes to fair use and copyright and concludes that 'free information'
is a cultural perception, an illusion and a figment of society's collective
imagination. Notes the challenges facing abstracting and indexing services
(AandIs) on the World Wide Web, where the thought and cost invested in
making these value added services frequently goes unappreciated.
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Is is really yours?
McTaggart, M Computer Weekly , pp. 35. 2 Mar. 2000 Intellectual
property rights (IPR), the catch-all term that covers copyright, moral
rights, patents, design rights and trademarks, is an area prone to
considerable confusion and misunderstanding. The rapid growth of global
Internet trading has made the area even more complex while underlining the
considerable value of these invisible assets to the companies that own
them. (Abstract quotes from original text)
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Patently silly
Kleiner, K New Scientist. Vol. 164, no. 2208, pp. 22-3. 16 Oct.
1999 Eighteen months ago the main threat to the Internet's explosive
growth appeared to be the prospect of government intervention. These days
it could come from private enterprise as companies battle each other to
protect what they claim is their intellectual property. Many of these
claims are fair, others merely foolish. But all of them make business on
the Internet that much harder, and a few could make it difficult for the
Internet to operate at all. (Quotes from original text)
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The Plagiarism Advisory Service
Duggan, Fiona Assignation; 21 (2) Jan 2004, pp.35-38 The Plagiarism
Advisory Service was established in September 2002 to provide generic
advice and guidance on all aspects of plagiarism prevention and detection
to institutions, academics and students in the UK via the service Web site
[URL:http://www.jiscpas.ac.uk]. The service, which is fully funded by the
Joint Information Systems Committee (JISC), is based in the Information
Management Research Institute (IMRI), Northumbria University, UK. The
service addresses the crisis in higher education whereby plagiarism has
become much easier due to the massive amount of information available on
the Internet and the ease with which it can be accessed and downloaded. The
Plagiarism Advisory Service, which hosts the separately funded JISC
Plagiarism Detection Service (PDS), promotes the adoption of an holistic
approach to the problem, whereby electronic plagiarism detection tools are
only one element of a plagiarism prevention strategy rather than the main
focus of a strategy. In order to help the academic community deal with
plagiarism effectively the Plagiarism Advisory Service aims specifically
to: identify and disseminate examples of best practice to the community;
seek to identify and address gaps in the current provision; provide a
programme of regional workshops to raise awareness of the relevant issues;
stimulate debate within the community via a dedicated discussion list; and
support a national el plagiarism detection facility based upon the
turnitinsoftware developed by iParadigms [URL:http://www.turnitin.org].
(Quotes from original text)
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Plagiarism and the role of the library
Brine, Alan; Stubbings, Ruth Library + Information Update; 2 (12) Dec
2003, pp.42-44 Reports the conduct and findings of a survey investigating
student plagiarism at Loughborough University, UK, undertaken by the
library jointly with the Learning and Teaching Support Network. The survey
covered the students' practice, understanding and attitudes in relation to
plagiarism and also work habits, information seeking behaviour and ability
to produce correct citations. Among the findings are that studentshave a
basic understanding of plagiarism and citation but are not aware of the
intricacies of citation and that postponing assignments to the deadline is
a factor in recourse to plagiarism. Libraries can help by guiding academic
staff to Web sites on plagiarism deterrence, linking to the Jisc detection
service and assisting students with plagiarism avoidance and the formatting
of bibliographic references.
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Blunder or plunder?
Peters, John Multimedia Information and Technology; 29 (4) Nov 2003,
pp.106 Discusses the growth in plagiarism, particularly in academia,
encouraged by access to the vast amount of material on the World Wide Web.
Offers advice and personal standards for authors on how to protect
themselves against committing plagiarism by: having a reliable structure
and system for their research; being scrupulous about attribution;
beingabsolutely correct in citation and quotation; being aware of and
practice the Codes of Ethics of the relevant professional association;
andadopt an attitude of zero tolerance to plagiarism within the
organization. (Quotes from original text)
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