1,720,975 research outputs found
Music copyright infringement cases in US and UK: Building a house upon the sand or the rock?
Full text linkSince the case against Robin Thick and Pharrell Williams over their song Blurred Lines, which found that
there had been unlawful copying of Marvin Gaye’s song Got to Give it Up, there has been an increasing
number of disputes around copying of music. This trend is clearly seen in US case law and has perhaps
influenced rightsholders to bring similar claims in the UK. This chapter provides an overview of the key
music copyright infringement cases in the US and UK over the past decade. In doing so, it argues that the
application of the legal test, particularly in relation to questions of access and taking of a substantial part,
needs to be reconsidered in view of both digital music consumption and production practices.
Since 10th May 2018 Ed’s royalty payments for the song [‘Shape of You’] have been frozen by PRS after
singer-songwriter Sam Chokri (known as Sami Switch) claimed that ‘Shape of you’ was copied from Sam’s
song ‘Oh why’… The case continues and the issues argued mean that the answer is not clear cut. Whilst
the two songs might sound similar, this is only the starting point. As the Particulars of the Claim rightly
point out it is only infringement if what is taken is a substantial part – based on the quality of what is
taken not the quantity; in other words - the original elements. So copying unimportant details, or mere
ideas, does not amount to substantial taking. The question is not whether “clicking” is something that
would obtain copyright protection in its own right, but whether that component is a substantial part of
the original song… The line between copying and taking inspiration is ever blurred (pun intended).
However, the blurred lines case differs in a few ways but most significantly that Robin Thicke admitted to
listening to Gaye’s Got To Give It Up and during an interview admitted "Pharrell and I were in the studio
and I told him that one of my favorite songs of all time was Marvin Gaye’s Got to Give It Up. I was like,
Damn, we should make something like that, something with that groove."
H Bosher, ‘Oh why, oh I, wonder if it is a substantial part...’ The IPKat, 14 August 201
The changing impact of IP on individuals and small businesses and the importance of pro bono services
No full textThe IPKat blog itself started out as an educational resource. Whilst it now serves a wider audience and broader purposes, education and the sharing of information and best practices remain at the heart of the blog. This chapter draws on Stephen and Hayleigh’s experience of pro bono services in the IP field to highlight its growing importance in legal education, and to present reflections on some of the lessons learnt and benefits from the IP Pro Bono service offered by the Chartered Institute of Patent Attorneys, the Chartered Institute of Trade Mark Attorneys, and other professional bodies in the UK.
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe 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
Full text link“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
Full text linkWe 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
Full text linkWe 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
Sheeran succeeds in ‘Shape of You’ music copyright infringement claim
Full text linkCopyright © The Author(s) 2022. Sheeran & Ors v Chokri & Ors [2022] EWHC 187 (Ch), 6 April 2022.
This case involved an assessment of UK copyright infringement, including the application of the question of independent creation and substantial similarity in relation to the copying of a musical work
koamabayili/VECTRON-author-checklist: VECTRON author checklist
No full textWe have done our best to complete the author checklist relating to the use of animals in the hut study. Note that the objective for the hut study was to evaluate the IRS treatment applications for residual efficacy against Anopheles mosquitoes, including the local An. coluzzii mosquito population. Cows were only used to attract mosquitoes into the huts and no tests were carried out directly on the cows. The author checklist is intended for use with studies where experiments are carried out on animals, which is why we have had such difficulty in completing this for the hut study, as many of the questions do not relate to how the cows were used
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