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1 – 10 of over 83000The purpose of this paper is to provide a snapshot and a comparative analysis of copyright exceptions available for libraries. It frames the differences and similarities, leading…
Abstract
Purpose
The purpose of this paper is to provide a snapshot and a comparative analysis of copyright exceptions available for libraries. It frames the differences and similarities, leading to discussion as to what extent copyright exceptions help libraries cater the changing technology.
Design/methodology/approach
This paper introduces the role of copyright exceptions in balancing owners and users interests. It explains evolving libraries activities due to technological development and how copyright exceptions significantly applies. Several factors in Canadian and Malaysian statutes are compared, namely, the rights granted, purposes allowed, beneficiaries affected, works involved, and conditions attached. This signifies to what extent the library exceptions cater to the changing needs and circumstances. It emphasizes the importance of awareness and understanding in order for libraries to serve its role effectively.
Findings
Both countries consider the use of new technologies in its library exceptions. Malaysian statute adopts a general approach which can either be flexibly or rigidly interpreted. Comparatively, Canada adopts a more specific and detail approach that might restrict beneficial activities. This paper calls for extra effort for policy makers to allow more control of digital works that may serve libraries activities.
Originality/value
There has not been any comparative study in the library literature on copyright exceptions for libraries in Malaysia and Canada. This study aims to provoke such discussion and how each country may learn from each others practices. It should be useful to the whole library community, particularly to both countries.
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The constant updating and unstoppable advance of technologies, mixing of platforms, programs and codes and the new trends in funding, among other factors, have led us to a…
Abstract
Purpose
The constant updating and unstoppable advance of technologies, mixing of platforms, programs and codes and the new trends in funding, among other factors, have led us to a present-future full of interactive, collaborative, participatory and co-creative digital artefacts and works. Games, experimental projects, short films and interactive video clips, in relation to fictional and non-fictional narrative, like documentary and journalism mainly, generate a complex body of works that depend on a series of compatibilities between technologies and languages to work properly and keep up with the times. The main purpose of this article is to analyse how the expression forms of interactive nonfiction narrative can be exhibited and preserved, looking at four main genres: documentary, journalism, museums and education.
Design/methodology/approach
At the methodological level, a study of analogue and digital forms in the proposed areas was performed, and a series of projects as case studies were analysed. In addition, a series of initiatives and institutions developing preservation methods are listed and ten effective strategies have been proposed to preserve interactive and transmedia nonfiction works.
Findings
The results make it possible to propose new ways of exhibiting and preserving valuable digital non-fiction works that need to be catalogued and safeguarded for the future.
Originality/value
For non-digital artistic forms of expression, copies were the main way of ensuring their preservation, but how does this process work for digital art forms? This area is a virgin field that urgently needs to be studied to determine and generate structures for preserving these types of works.
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The purpose of this paper is to investigate the preservation practices of new media artists, in particular those working outside of the scope of major collecting institutions…
Abstract
Purpose
The purpose of this paper is to investigate the preservation practices of new media artists, in particular those working outside of the scope of major collecting institutions, examining how these artists preserve new media artworks in their custody.
Design/methodology/approach
The paper builds case studies of seven new media artists of differing practices and artistic approaches. For each case study, semi-structured interviews with the artists were conducted in conjunction with visits to the artists’ studios.
Findings
The study finds that new media artists face a number of shared preservation challenges and employ a range of preservation strategies, and that these challenges and strategies differ markedly from that of art museums and cultural heritage institutions.
Research limitations/implications
This study considers preservation practices for new media artists generally. Further research into specific communities of artistic practice could profitably build upon this overall framework.
Practical implications
The findings of this research pose a number of implications for art museums and cultural heritage institutions, suggesting new ways these institutions might consider supporting the preservation of new media artworks before works enter into institutional custody.
Originality/value
The literature on new media art preservation emphasizes the importance of working with artists early in the life cycle of digital artworks. This study advances this by investigating preservation from the perspective of new media artists, deepening the understanding of challenges and potential preservation strategies for these artworks prior to entering or outside of institutional custody.
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To deal with the new circumstances arising in the digital environment, with its particular conditions for the access, distribution and use of intellectual works, three distinct…
Abstract
To deal with the new circumstances arising in the digital environment, with its particular conditions for the access, distribution and use of intellectual works, three distinct approaches exist: legal (copyright laws are modified to adapt them to the new context), technological (systems designed to control access and use of works), and contractual (through licenses to regulate the conditions of use of the works). The joint use of technological measures and licenses, together with the laws that protect both, are seriously endangering the effectiveness of the limitations to copyright set forth by law to benefit libraries, their users and citizens in general. This represents a strong privatisation of access to information. Using as a point of reference the laws of countries that are on the front lines of this terrain – the USA, the European Union and Australia – some problems created by the new forms of protection of intellectual works are examined.
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This article covers the evolution of traditional intellectual property rights (IPR) laws and associated concepts from printed to digital works, and discusses how the…
Abstract
This article covers the evolution of traditional intellectual property rights (IPR) laws and associated concepts from printed to digital works, and discusses how the characteristics of digital replication pose problems for traditional IPR systems. It highlights international treaties on copyright, including the Universal Copyright Convention, the Berne Convention, the Performers and Phonograms treaty and the Sui‐Generis Protection of Databases. It provides some insight into the Indian software industry by discussing the scope of Indian copyright law, the rights of owner, infringement, penalties, and makes a comparison with US law. The article concludes that judicious participation by all countries in the development of a globalized IPR regime would strengthen the global digital economy.
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Digital language has meant a revolution in the methods of production, distribution and conservation of contemporary art. The purpose of this paper is to reflect on the new status…
Abstract
Purpose
Digital language has meant a revolution in the methods of production, distribution and conservation of contemporary art. The purpose of this paper is to reflect on the new status of museums within the digital age. Works using new media must be understood as spaces of non-hierarchical communication where an artist’s role is diluted and the public becomes a user that completes an open process. Therefore, the function of the museum is challenged, being no longer a moral authority or a place of storing physical works. Because of its instability and obsolescence, the only valid method for the conservation of digital art is permanence through change.
Design/methodology/approach
This research contrasts the theoretical material emerged in the past years related to the characteristic of new media to the practical work of conservation of digital pieces made by the new generation of museums and cultural centres. In addition, the fresh material offered by the Web itself allows analyzing the virtual activity of the museums themselves and the new platforms (online labs, databases, websites and blogs) arisen in the past decades. The latter are perfect examples of the new paths opened by the digital contemporary technology offering collective sites of communication in real time.
Findings
The preservation of digital and intangible heritage is understood as a form of development of a collective memory that can help in the understanding of our age in the future. In this way, the goals and the responsibilities are common; citizens are required to keep an active culture that is no more a culture of the accumulation and concentration by a minority. In present context, there is a new possibility, maybe for the first time in history, of achieving a new narrative really democratized and decentralized through the new ways of interacting and sharing information offers by digital media.
Social implications
The urgency of getting an open and free access to information and technology is part of the idiosyncratic of digital art. There is a real aim of generating alternative spaces of knowledge serving public interest, being apart from the economic and political interests of large corporations. In this respect, the role of the museum will be controversial. First of all, as an institution originally created to impose power and moral authority by the governments.
Originality/value
Museums remains as the main artistic institution nowadays. However, they are in a difficult position as a traditional space for preserving and exhibiting art. That is why, they are adapting themselves to the new digital context helped by offering practical databases and updated information on their collections via websites and social networks.
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Legal deposit is the requirement that particular types of material be deposited with a national library or designated research libraries. US law does not at present include any…
Abstract
Legal deposit is the requirement that particular types of material be deposited with a national library or designated research libraries. US law does not at present include any requirement for the deposit of works that exist solely in the form of Web pages. For digital materials, it makes no sense to write rules for legal deposit based on the medium. Nations and national libraries that ignore legal deposit for digital works will find themselves missing a significant and unrecoverable portion of their cultural heritage.
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Examines legal issues in relation to the digitization of media. Looks at the nature of digitization of content and its implications for copyright and libraries. Investigates…
Abstract
Examines legal issues in relation to the digitization of media. Looks at the nature of digitization of content and its implications for copyright and libraries. Investigates exceptions to copyright protection, aspects of the extension of copyright protection and protection of rights management of information and technology. Concludes with a possible agenda to the digital challenge.
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This paper presents an overview of copyright, its history, and implications for electronic and multimedia. The international treaties on copyright are listed and the status of…
Abstract
This paper presents an overview of copyright, its history, and implications for electronic and multimedia. The international treaties on copyright are listed and the status of copyright protection in select countries is covered, including copyright law enactment, term, scope, sanctions, percentage of piracy and revenue loss in software piracy. Copyright issues for e‐information, the Internet and library and information centres are discussed. Digital copyright protection technologies – ECMS, watermarks, fingerprints and digital signatures, etc. – are described. It is concluded that copyright law has not disappeared with the evolution of technology and the development of a globalised IPR regime is recommended.
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For India, having being endowed with a rich heritage of art and culture, copyright is perceived to offer potential rewards. The entertainment industry is one of the fastest…
Abstract
For India, having being endowed with a rich heritage of art and culture, copyright is perceived to offer potential rewards. The entertainment industry is one of the fastest growing sectors in the Indian economy. At present, India is not a signatory to the WIPO Internet Treaties, but the government has proposed amendments to the extant legislation to incorporate Digital Rights Management (DRM) as enshrined in them. Conventionally the western entertainment industry has viewed DRM as an important tool to combat piracy pervasive on the internet. DRM involves the application of a set of technical and legal mechanisms that allow copyright owners to control the access to their works, determine the types of permissible uses and terms of such uses and the ultimate distribution of their works in the digital world. With the growing popularity of Indian cinema abroad, the entertainment industry is attracting increasing foreign investment, is gradually being corporatised and thus it is felt that such investments need to be protected. DRM is considered to be one of the solutions as it prevents loss due to unlimited unauthorized reproduction of works, introduces more effective market segmentation and promotes the incentive to create, facilitating the maximum exploitation of works in the digital world. However, for India, a developing economy, such a path is to be treaded with caution. DRM is an extra‐statutory measure, with perceived potential impact on consumer privacy, innovation and limiting legitimate exceptions. A unique feature of the industry is that it is an extension of its dynamic indigenous folk and classical cultural tradition where the emphasis has been on adaptation and improvisation, drawing upon works in the public domain. Some experts observe that DRM poses a threat to such a tradition by artificially restricting the public domain.This paper explores the likely impact of the proposed introduction of the DRM provisions in the Indian Copyright Act, 1957 with its focus on Bollywood and the related music sector. Given the tension surrounding DRM, this paper examines the aforementioned issues, taking into consideration the promotion of the underlying objectives of copyright law. Noting that the case for strong copyright protection as a key for innovation is highly debatable, this paper argues that India should keep in mind the flexibilities under law as provided by various international treaties and in technology before adopting the DRM approach.
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