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Toward a South African Fair Use Standard
No full textIn the midst of the twentieth century, a South African musician and composer named Solomon Linda wrote Mbube. Mbube never prospered to the heights reached by its foreign progeny, The Lion Sleeps Tonight. Disney accrued millions of dollars capitalizing on Linda\u27s magnum opus, while Linda died a pauper. In the aftermath, the post- colonial Republic of South Africa remains scarred and reminiscent of the abject atrocities of Western encroachment. Thus, when the American-incubated doctrine of fair use, a provision that allows for the usage of copyrighted works for an infinite number of purposes, introduced itself at the doors of the National Assembly of Parliament, it was to no one\u27s surprise that the South African public strongly resisted the doctrine which they feared would expose their works to Western exploitation. As a result, President Ramaphosa reserved the fair use doctrine, and referred the Bill back to parliament for breach of international law and deprivation of the constitutional right of property. This Article examines these two postulations, inter alia, and confutes the omnipresent misconceptions of fair use that have been promulgated throughout South Africa by several competing interest groups. It begins by delving into the history of copyrights in South Africa all the way to the introduction of the fair use doctrine in 2015. The Article then discusses the context revolving around the introduction of fair use, which portrays the numerous perceptions projected by the South African copyright industry, the academic sector, tech companies and conglomerates, the print disabled, and US and European delegates. Those that impugn the doctrine conjecture that it is in breach of the Berne Convention\u27s Three-Step Test, deprives authors of their constitutional right to property, is incongruous with other specific copyright exceptions, and is incoherent and uncertain. This Article proves that these postulations are baseless and stem exogenously from competing copyright industries and alliances to generate a dubiety vis- a-vis its legal status. This dubiety is devised to repel the proliferation of the fair use doctrine globally, while it remains intact and unimpinged domestically. This Article concludes that South Africa should base its legislative affairs solely on its own interests, impervious to the cynical perspectives of exogenous nations and alliances that could care less about its affluence or the welfare of its people
Universalizing Copyright Fair Use: To Copy, or Not to Copy?
Get PDFThis Article thoroughly examines the universal shift toward the U.S. fair use doctrine. It begins with an elucidation of the fair use doctrine and its foreign counterparts, briefly explaining the history and function of each doctrine and differentiating them from one another. The Article then delves into the aspirations of foreign countries that have opted into the transplant of the U.S. doctrine or merely contemplated a transplant. These aspirations are narrowed down to three dimensions of development: access to knowledge, responsiveness to innovative technologies, and enhancing creative production. Using the capabilities approach of development – developed by Amartya Sen and Martha Nussbaum - as the standard of assessment, this Article examines the credibility of the postulations set forth by these nations, comparing fair use to its counterparts with regard to the three dimensions. This Article supports two conclusions. First, fair use entails development and is better equipped to foster development within the three dimensions. Second, the U.S.’s blatant protest of the universal transposition of the doctrine is a precapitalist constraint that provides U.S. industries with a comparative advantage
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Universalizing Copyright Fair Use: To Copy, or Not to Copy?
No full textThis Article thoroughly examines the universal shift toward the U.S. fair use doctrine. It begins with an elucidation of the fair use doctrine and its foreign counterparts, briefly explaining the history and function of each doctrine and differentiating them from one another. The Article then delves into the aspirations of foreign countries that have opted into the transplant of the U.S. doctrine or merely contemplated a transplant. These aspirations are narrowed down to three dimensions of development: access to knowledge, responsiveness to innovative technologies, and enhancing creative production. Using the capabilities approach of development – developed by Amartya Sen and Martha Nussbaum - as the standard of assessment, this Article examines the credibility of the postulations set forth by these nations, comparing fair use to its counterparts with regard to the three dimensions. This Article supports two conclusions. First, fair use entails development and is better equipped to foster development within the three dimensions. Second, the U.S.’s blatant protest of the universal transposition of the doctrine is a precapitalist constraint that provides U.S. industries with a comparative advantage
Generative AI\u27s Copyright Enigma: A Comparative Study of Fair Use and Fair Dealing
Get PDFAt the dawn of this decade, generative Artificial Intelligence (AI) models were at the apogee of modern science and technology. Their emergence introduced the world to a new paradigm of creativity and innovation, where machines can synthesize art, literature, and design with unprecedented sophistication, blurring the boundaries between human ingenuity and algorithmic computation. These models have the capacity to regenerate Oscar Wilde with the depiction of Ansel Adams, rewrite Harry Potter with William Shakespear’s proverbial tongue, and redesign St. Peter’s Basilica with Gothic arches, Seljuk carved stones, and an Antoni Gaudi roof architecture, relocated in the heart of New York City with the facile of a prompt. Despite this novelty, the copyright industry was perturbed by what they considered a twofold threat to their livelihood. On the one hand, authors feared their works were being exploited, likely reproduced, without adequate remuneration. On the other hand, they feared these models were ominously generating new works, possibly derivative works, that directly compete with the very works that were used in the model’s formation. The matter is currently being adjudicated in courts across the globe.
This article examines whether fair use can protect AI companies from copyright liability for both the training process, which allegedly relies on the process of feeding AI datasets (foundation models) predominantly with copyrighted material scraped off the internet for purposes of machine learning; and the outputs that directly compete with the sampled material exploited during the training process. Although several scholars have begun to articulate their own thesis vis-à-vis its legality domestically, this article compares and anticipates how the judiciary in the United States will address these issues as opposed to courts in fair dealing jurisdictions across the globe. The article will expose how the dichotomy between the fair use doctrine and the fair dealing clause imperatively affects the progression of these types of technologies, concluding that fair use is more conductive to development than its foreign counterparts
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Get PDFWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Dispelling the Myths Behind First-author Citation Counts
Get PDFWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
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