42 research outputs found
Recommended from our members
Prof Carys Craig: Non Expressive Use. Right to Research in International Copyright Seminar 6.2.
No full textThis cutting edge seminar series looks at legal academic writings at the intersection of intellectual property, human rights, text and data mining (TDM) research, international law, and advanced legal theory. It is intended for advanced students writing a major research paper on the topic.
SEMINAR 6 part 2: Professor Carys Craig of Osgoode Hall Law School, York University, Canada talks about limits to copyright protection which form the basis of a Right to Research. Professor Craig is author of Craig, Carys J. (2017) Globalizing User Rights-Talk: On Copyright Limits and Rhetorical Risks, American University International Law Review: Vol. 33 : Iss. 1 , Article 1.
What are the human rights duties of states with relation to copyright and the right to research? What is the utility, or danger, of framing research interests as “rights”? What do TDM researchers need to do to perform their research? How do any of these steps implicate copyright or other exclusive rights? How does lack of copyright permission distort research outcomes? How does US law and EU law approach the issue of exceptions for research uses? How has the openness of fair use and fair dealing standards been by courts to permit TDM and other research uses? Is the openness unique to common law countries? In what ways do licensing practices enable or form barriers to TDM research in practice? These are just a few of the questions considered by our eminent group of scholars and writers over the 15 weeks of this seminar series.
ABOUT THE SERIES Promoting “learning” and “science” were among the first purposes of early copyright laws. And human rights laws require states to respect, protect and promote rights to impart and receive information and to benefit from advances in science. This lecture series brings these two strands of law into conversation, and perhaps conflict, to explore the actual and ideal dimensions of the right to research in copyright law. The lectures discuss legal academic writings at the intersection of intellectual property, human rights, text and data mining research, international law, and advanced legal theory. Each lecture is being edited and published under an open license to enable reuse in educational and other contexts.
ABOUT THE HOST Professor Sean Flynn teaches courses on the intersection of intellectual property, trade law, and human rights and is Director of the Program on Information Justice and Intellectual Property (PIJIP). At PIJIP, Professor Flynn designs and manages a wide variety of research and advocacy projects that promote the public interest in intellectual property and information law and coordinates PIJIP’s academic program
Prof Carys Craig: Non Expressive Use. Right to Research in International Copyright Seminar 6.2.
No full textThis cutting edge seminar series looks at legal academic writings at the intersection of intellectual property, human rights, text and data mining (TDM) research, international law, and advanced legal theory. It is intended for advanced students writing a major research paper on the topic.
SEMINAR 6 part 2: Professor Carys Craig of Osgoode Hall Law School, York University, Canada talks about limits to copyright protection which form the basis of a Right to Research. Professor Craig is author of Craig, Carys J. (2017) Globalizing User Rights-Talk: On Copyright Limits and Rhetorical Risks, American University International Law Review: Vol. 33 : Iss. 1 , Article 1.
What are the human rights duties of states with relation to copyright and the right to research? What is the utility, or danger, of framing research interests as “rights”? What do TDM researchers need to do to perform their research? How do any of these steps implicate copyright or other exclusive rights? How does lack of copyright permission distort research outcomes? How does US law and EU law approach the issue of exceptions for research uses? How has the openness of fair use and fair dealing standards been by courts to permit TDM and other research uses? Is the openness unique to common law countries? In what ways do licensing practices enable or form barriers to TDM research in practice? These are just a few of the questions considered by our eminent group of scholars and writers over the 15 weeks of this seminar series.
ABOUT THE SERIES Promoting “learning” and “science” were among the first purposes of early copyright laws. And human rights laws require states to respect, protect and promote rights to impart and receive information and to benefit from advances in science. This lecture series brings these two strands of law into conversation, and perhaps conflict, to explore the actual and ideal dimensions of the right to research in copyright law. The lectures discuss legal academic writings at the intersection of intellectual property, human rights, text and data mining research, international law, and advanced legal theory. Each lecture is being edited and published under an open license to enable reuse in educational and other contexts.
ABOUT THE HOST Professor Sean Flynn teaches courses on the intersection of intellectual property, trade law, and human rights and is Director of the Program on Information Justice and Intellectual Property (PIJIP). At PIJIP, Professor Flynn designs and manages a wide variety of research and advocacy projects that promote the public interest in intellectual property and information law and coordinates PIJIP’s academic program
Child & Youth Care Practicum Resources
No full textYouth Care practicum (internship, fieldwork, field placement) is central to all CYC credentials across Canada. How has it come to be the way it is today? What purposes does it serve? Who gets to decide? The newly formed Child & Youth Care Educational Accreditation Board of Canada (CYCEAB) Practicum Committee led a invites you to participate in a lively discussion about all things CYC practicum. At that session "Child & Youth Care Practicum: Past, Present & Future", the following resources were ‘launched’ and presented by Charlotte Serpa and Carys Cragg (and members of the CYCEAB Practicum Committee) at Education Day hosted at the National Child and Youth Care Conference, October 5-7, 2022. The Child & Youth Care Practicum Resources were compiled by Carys Cragg for the CYC Educational Accreditation Board of Canada. (CYCEAB).Practicum Committee and are also posted on their website along with other CYC resources.
The following list is a collection of Child & Youth Care (CYC) practicum resources for educators, supervisors, students, and other people intersecting with CYC practicum. It is offered in the spirit of highlighting CYC practicum knowledge, to support those who design, deliver, and experience it. Inclusion/Exclusion Criteria: the list includes available resources (mainly literature) concerning both Child and Youth Care (youth work, psychoeducation, etc.) and practicum (field work, field placement, internship, etc.). It excludes all other information, including, for example, other human service professional education practicum literature, and resources if CYC and practicum is not one of the primary topics of the resource.Not peer reviewe
Dead reckoning: How I came to meet the man who murdered my father
No full text"When Carys Cragg was eleven, her father, a respected doctor, was brutally murdered in his own home by an intruder. Twenty years later, and despite the reservations of her family and friends, she decides to contact his murderer in prison, and the two correspond for a period of two years. She learns of his horrific childhood, and the reasons he lied about the murder; in turn, he learns about the man he killed. She mines his letters for clues about the past before agreeing to meet him in person, when she learns startling new information about the crime. With gripping suspense and raw honesty, Dead Reckoning follows one woman's determination to confront the man who murdered her father, revealing her need for understanding and the murderer's reluctance to tell--an uneasy negotiation between two people from different worlds both undone by tragedy. This is a powerful and emotional memoir about how reconciling with the past doesn't necessarily provide comfort, but it can reveal the truth."--From publisher description.Published
Introduction - Copyright, Communication & Culture: Towards a Relational Theory of Copyright Law
No full textIn this provocative book, Carys Craig challenges the assumptions of possessive individualism embedded in modern day copyright law, arguing that the dominant conception of copyright as private property fails to adequately reflect the realities of cultural creativity. Employing both theoretical argument and doctrinal analysis, including the novel use of feminist theory, the author explores how the assumptions of modern copyright result in law that frequently restricts the kinds of expressive activities it ought to encourage. In contrast, Carys Craig proposes a relational theory of copyright based on a dialogic account of authorship, and guided by the public interest in a vibrant, participatory culture. Through a critical examination of the doctrines of originality and fair dealing, as well as the relationship between copyright and freedom of expression, she explores how this relational theory of copyright law could further the public purposes of the copyright system and the social values it embodies
Copyright, Communication and Culture: Towards a Relational Theory of Copyright Law
No full textIn this provocative book, Carys Craig challenges the assumptions of possessive individualism embedded in modern day copyright law, arguing that the dominant conception of copyright as private property fails to adequately reflect the realities of cultural creativity.
Employing both theoretical argument and doctrinal analysis, including the novel use of feminist theory, the author explores how the assumptions of modern copyright result in law that frequently restricts the kinds of expressive activities it ought to encourage. In contrast, Carys Craig proposes a relational theory of copyright based on a dialogic account of authorship, and guided by the public interest in a vibrant, participatory culture. Through a critical examination of the doctrines of originality and fair dealing, as well as the relationship between copyright and freedom of expression, she explores how this relational theory of copyright law could further the public purposes of the copyright system and the social values it embodies.
This unique and insightful study will be of great interest to students and scholars of intellectual property law, communications, cultural studies, feminist theory and the arts and humanities.https://digitalcommons.osgoode.yorku.ca/faculty_books/1043/thumbnail.jp
Recommended from our members
Copyright, communication and culture ::towards a relational theory of copyright law /
No full text"In this provocative book, Carys Craig challenges the assumptions of possessive individualism embedded in modern day copyright law, arguing that the dominant conception of copyright as private property fails to adequately reflect the realities of cultural creativity. Employing both theoretical argument and doctrinal analysis, including the novel use of feminist theory, the author explores how the assumptions of modern copyright result in law that frequently restricts the kinds of expressive activities it ought to encourage. In contrast, Carys Craig proposes a relational theory of copyright based on a dialogic account of authorship, and guided by the public interest in a vibrant, participatory culture. Through a critical examination of the doctrines of originality and fair dealing, as well as the relationship between copyright and freedom of expression, she explores how this relational theory of copyright law could further the public purposes of the copyright system and the social values it embodies. This unique and insightful study will be of great interest to students and scholars of intellectual property law, communications, cultural studies, feminist theory and the arts and humanities"--Provided by publisher
The Death of the AI Author
No full textMuch of the recent literature on AI and authorship asks whether an increasing sophistication and independence of generative code should cause us to rethink embedded assumptions about the meaning of authorship. It is often suggested that recognizing the authored — and so copyrightable — nature of AI-generated works may require a less profound doctrinal leap than has historically been assumed. In this essay, we argue that the threshold for authorship does not depend on the evolution or state of the art in AI or robotics. Rather, the very notion of AI-authorship rests on a category mistake: it is an error about the ontology of authorship.
Building on the established critique of the romantic author, we contend that the death of the romantic author also and equally entails the death of the AI author. Claims of AI authorship depend on a romanticized conception of both authorship and AI, and simply do not make sense in terms of the realities of the world in which the problem exists. Those realities should push us past bare doctrinal or utilitarian considerations about what an author must do. Instead, they demand an ontological consideration of what an author must be. Drawing on insights from literary and political theory, we offer an account of authorship that is fundamentally relational: authorship is a dialogic and communicative act that is inherently social, with the cultivation of selfhood and social relations being the entire point of the practice. This discussion reorientates debates about copyright’s subsistence in AI-generated works; but it also transcends copyright law, going to the normative core of how law should — and should not — think about robots and AI, and their role in human relations
Recommended from our members
Dynamic Soil-Structure-Soil-Interaction Analysis of Structures in Dense Urban Environments
No full textUrban centers are increasingly becoming the locus of enterprise, innovation, and population. This pull toward the center of cities has steadily elevated the importance of these areas. Growth has necessarily spawned new construction. Consequently, modern buildings are often constructed alongside legacy structures, new deep basements are constructed alongside existing shallow foundations, and city blocks composed of a variety of building types result. The underlying soil, foundation, and superstructure of each of these buildings can interact and combine to yield unique seismic responses. Since the seminal work of researchers such as Luco and Contesse (1973) and Wong and Trifunac (1975), researchers have investigated the effects of soil-structure interaction (SSI). This phenomenon refers to the interaction between a single building, its foundation, and the underlying soil during a seismic event. However, as the trend toward urbanization continues, a shortcoming of this conventional SSI approach is that in reality, a structure will almost certainly be located near other structures in metropolitan areas.In this line of research, the interaction of multiple, adjacent buildings during a seismic event, a phenomenon known as structure-soil-structure interaction (SSSI), is investigated. This topic does not yet command the level of attention given to SSI. However, SSSI has the potential to be significantly detrimental or beneficial, depending on the configuration and dynamic properties of the buildings and their foundations in dense urban environments. It is important to understand SSSI effects so that earthquake engineers can make informed decisions about the design and construction of structures in increasingly dense urban areas.As part of a larger, multi-university National Science Foundation (NSF)-supported Network for Earthquake Engineering Simulation Research (NEESR) project, a series of centrifuge experiments were performed at the NEES-supported Center for Geotechnical Modeling (CGM) at the University of California, Davis. Each of these experiments examined aspects of SSI or SSSI through the use of nonlinear structural model buildings situated on different foundations that were supported on deep sand deposits. The centrifuge experiments created a suite of small-scale physical model "case histories" that provided "data" and insight that could be extended through calibrated numerical simulations. The results of the first three centrifuge experiments in the test series (i.e., Test-1, Test-2, and Test-3) were utilized in this dissertation.Numerical analyses are usually only performed for high-profile projects. The effort, expertise and resources required to calibrate and to perform detailed numerical simulations is often prohibitive for typical low- to mid-rise structures. There is a need for a more accessible numerical tool that both geotechnical and structural engineers can utilize to gain insight. In this research, the FLAC finite difference program (Itasca, 2005) with a fully nonlinear effective stress soil constitutive model was used to analyze the centrifuge test-generated "case histories."Test-1 and Test-2 examined SSI and SSSI effects of two moment-resisting frames (MRFs). Test-1 employed a solitary 3-story (prototype) MRF founded on shallow spread footings and a solitary 9-story (prototype) MRF founded on a deep basement (equivalent to 3-stories, prototype) to investigate SSI effects. In Test-2, the 3-story (prototype) and 9-story (prototype) MRFs were placed immediately adjacent to one another to examine SSSI effects. Kinematic interaction effects were primarily observed in these tests. Hence, Test-3 was designed to investigate inertial interaction effects. Three structures were included in Test-3: two MRFs founded on shallow spread footings and one elastic shear-wall structure on a mat foundation. Each of these structures was designed to maximize inertial interaction by: (1) matching the flexible base period of each structure to the soil column to induce resonance, and (2) optimizing structural properties to increase inertial interaction effects. One MRF was positioned alone at one end of the centrifuge model, a SSI condition, and the other MRF and the elastic shear-wall structure were positioned immediately adjacent to each other in the other end of the centrifuge model, a SSSI condition. The rich data set developed through the centrifuge experiments formed the basis of the initial FLAC analyses. A critical aspect of any seismic analysis is the constitutive model used to capture the soil response to cyclic loading. Several soil models were examined during an initial seismic site response analysis. Free-field data from sensors located within the centrifuge soil column were used to quantify the vertical propagation of ground motions through the soil profile. The best model for the dense (Dr = 80%), dry sand used in the centrifuge for Test-1 through Test-3 was a Mohr-Coulomb based model with hysteretic damping, UBCHYST (Naesgaard, 2011). Pseudo-acceleration response spectra and acceleration time histories at the base and at the free-field surface from the centrifuge and the numerical model were compared. The numerical simulations successfully captured the key aspects of the observed seismic site-response for both near-fault pulse-type motions and ordinary motions at a variety of intensities. After successfully capturing the free-field seismic site responses of Test-1 and Test-2, the dynamic responses of the structural models were examined. Each structure was modeled satisfactorily with a two-dimensional, plane-strain numerical model. Engineering design parameters (EDPs) were computed for key structural responses, including (1) transient peak roof drift, (2) residual roof drift, (3) transient peak displacement and (4) peak acceleration at the center of mass of the structure. Additionally, the acceleration time histories and pseudo-acceleration response spectra at the center of mass of the structure for each motion were examined. These metrics were used to compare the numerically estimated dynamic responses with those recorded in the centrifuge experiments. The dynamic response of the 3-story (prototype) MRF estimated with the numerical model was in close agreement with the observed experimental data for both the SSI (Test-1) and SSSI (Test-2) configurations. The more complicated 9-story (prototype) model exhibited greater sensitivity to numerical system inputs, including fixed-base fundamental period and applied structural Rayleigh damping. However, the majority of its recorded dynamic responses were well-matched by the numerical model.The resonant condition created in Test-3 proved challenging to model numerically. The two Test-3 conditions (i.e., SSI and SSSI) were analyzed separately. Significant inertial interaction, including rocking, was observed during the centrifuge test and in the post-processing of data; pseudo-acceleration responses three to five times those recorded in Test-1 and Test-2 were recorded. While the shapes of the pseudo-acceleration response spectra, periods of amplification, and time-histories were well-captured, the numerical model estimated significantly lower amplitudes of the responses for the structures than were observed during the centrifuge test. A sensitivity study was performed to evaluate the influence of several parameters, including (1) the shear wave velocity profile, (2) interface elements, (3) fixed-base fundamental period estimate, and (4) constitutive model parameters. Some of the relative lack of amplification in the numerical simulations was due to over damping in the constitutive model. This was addressed by altering the shear modulus and material damping curves for the soil directly beneath the structures' foundation elements. However, the primary reason for the lower amplitude estimated by the numerical model appeared to be due to the difficulty of capturing the seismic responses of structures in the resonant condition. Shifting the period of any component of the soil-structure system would necessarily have a significant impact on the dynamic response by shifting the system away from resonance. Despite this challenge, the numerical simulations yielded important insights. While the amplitudes of dynamic responses were underestimated for most of the ground motions, the changes in response of the 3-story (prototype) MRF between SSI and SSSI were captured. The elastic shear wall displayed similar behavior; while the spectral shapes were matched for most motions, the amplitudes estimated by the numerical simulations were consistently below those observed in the centrifuge. Comparison of overall change from low- to high-intensity motions or trends from SSI to SSSI could be captured with the model; however, the amplitudes of the responses were generally underestimated. This set of analyses highlighted the challenge of modeling a resonant condition. Additional work is needed to explore the characteristics of the centrifuge when intense input motions are used which are in resonance with the soil in the model. Finally, two prototypical structures were examined. The first, a 3-story MRF, was the model upon which the centrifuge 3-story (prototype) model was based (Ganuza, 2006). Both solitary (SSI) and adjacent (SSSI) configurations were considered for this prototypical 3-story MRF founded on a dense sand soil column. The dynamic responses of the MRF for the solitary (SSI) condition paralleled those observed in the centrifuge experiments. For the considered configurations of adjacent low-rise structures, SSSI effects were found to be either negligible or only slightly beneficial or detrimental for the five ground motions utilized for dynamic analysis. The other prototypical MRF, a 5-story structure, was a simplified version of a typical, medium-rise structure (Ganuza, 2006). The 5-story MRF exhibited dynamic responses consistent with previous work. Amplification was observed at (1) the first and second modes of vibration of the structure, (2) the site period, and (3) the mean period of the motion. Further research is needed to study and more fully quantify SSSI effects for a wider set of structures, adjacent configurations, and ground motions
If You Love Something, Set it Free? Open Content Copyright Licensing and Creative Cultural Expression
No full textThis dissertation seeks an answer to the question of when open content copyright licences can be most productively used to facilitate the creation and dissemination of cultural expression. Conventional copyright licences emphasize control and the policing of infringing activity. By identifying the circumstances in which open, permissive, and simple-to-understand copyright licensing models can successfully be employed, this dissertation provides a heuristic that articulates when open content licensing can be used to help foster creativity, dialogic collaboration and iterative cultural expression.
Using communicative copyright, an account inspired by the relational author approach of Carys Craig, as a theoretical framework, this dissertation posits that copyright licensing is best understood not as a mechanism for maximizing monetary returns, but instead as a mechanism for increasing creative participation and communication among community members. Employing the insights of the communicative account, and synthesizing the work of scholars from a range of disciplines, this dissertation sets forth a comprehensive definition for open content copyright licences and identifies a matrix of success indicia for the use of such licences, arrayed in sets of characteristics categorized by whether they pertain to the licensor, the work, the community, and the market.
At the heart of this research project is a case study of the use of the Open Game License (OGL) in connection with the Dungeons & Dragons role-playing game and how that licensing model has resulted in a vibrant community that creates, remixes and shares open content. The fieldwork for this research project uses a qualitative empirical method in the form of semi-structured interviews with role-playing game publishers and players, along with content analysis of online statements regarding the use of the OGL, such as those found in interviews, blog posts, forum posts and comments.
The findings of the fieldwork portion affirm the explanatory power of the communicative copyright account, and in turn yield an emphasis on the critical nature of the community-constitutive role of open content copyright licences. Open content copyright licences can be most productively used when licensors are committed to nurturing and facilitating a community of creatively-engaged consumers
