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Re-defining the 'Transformative Use' of Copyrighted Works: Toward a Fair US Standard in the Digital Environment
Unformatted Document Text:  Y\ CONCLUSION: RE-VISITING THE “USE” IN INTERACTIVE ENVIRONMENT The preceding sections have examined how the notion of productive use and transformative use was developed and adopted, focusing on Sony and Campbell cases, and analyzed how courts defined and applied the concept of the transformative use as meaning the “creation” of transformative work or “work” that is transformed from the initial work rather than transformative “use.” It has been noted that the productive use principle in Sony and the transformative use principle in Campbell concern less about the public benefit resulting from more dissemination and end user’s use of works of authorship than about the use of copyrighted materials to create new works of authorship. But the transformative use was mostly interpreted and used as bringing additional requirement of having a transformative character for the users of the initial work in many lower court decisions, and the transformative use principle has an effect of expanding the protection of copyright holders’ rights and reducing the room for fair use of copyrighted works. If the meaning of the use to create new works is not limited on the original copyrighted author’s right to create derivative works, but is expanded to a new, potential user/author’s creation of new works (derivative or not), the transformative use principle can be a useful tool for striking a proper balance of copyright. In addition, this article suggests applying the notion of transformativeness and creativity to the users’ “use” of works of authorship as well as their subsequent “creation” of new works, arguing that interpreting the trasforamtive use in such a way is more consistent with the copyright’s purpose and also encompassing of digital works of authorship and interactive information environment. Digital media is changing the ways in which people consume, use and interact with intellectual works and with each other. It has been widely acknowledged that processes of digitization and networking have collapsed some important distinctions that had existed in the American copyright system, such as that between idea and expression dichotomy, between gaining access to a work, using (reading) a work, and copying a work. 93 The most important but less recognized distinction that has been also influenced is that between producers and consumers of information and culture. Reduced barriers make it easy to enter into information production and distribution, but 93 Siva Vaidhyanathan, C OPYRIGHTS AND C OPYWRONGS , T HE R ISE OF I NTELLECTUAL P ROPERTY AND H OW I T T HREATENS C REATIVITY 152-153 (2001).

Authors: Woo, Jisuk.
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Y\
CONCLUSION: RE-VISITING THE “USE” IN INTERACTIVE
ENVIRONMENT
The preceding sections have examined how the notion of productive use and
transformative use was developed and adopted, focusing on Sony and Campbell cases,
and analyzed how courts defined and applied the concept of the transformative use as
meaning the “creation” of transformative work or “work” that is transformed from the
initial work rather than transformative “use.” It has been noted that the productive use
principle in Sony and the transformative use principle in Campbell concern less about
the public benefit resulting from more dissemination and end user’s use of works of
authorship than about the use of copyrighted materials to create new works of
authorship. But the transformative use was mostly interpreted and used as bringing
additional requirement of having a transformative character for the users of the initial
work in many lower court decisions, and the transformative use principle has an effect
of expanding the protection of copyright holders’ rights and reducing the room for fair
use of copyrighted works. If the meaning of the use to create new works is not limited
on the original copyrighted author’s right to create derivative works, but is expanded to
a new, potential user/author’s creation of new works (derivative or not), the
transformative use principle can be a useful tool for striking a proper balance of
copyright. In addition, this article suggests applying the notion of transformativeness
and creativity to the users’ “use” of works of authorship as well as their subsequent
“creation” of new works, arguing that interpreting the trasforamtive use in such a way is
more consistent with the copyright’s purpose and also encompassing of digital works of
authorship and interactive information environment.
Digital media is changing the ways in which people consume, use and interact
with intellectual works and with each other. It has been widely acknowledged that
processes of digitization and networking have collapsed some important distinctions
that had existed in the American copyright system, such as that between idea and
expression dichotomy, between gaining access to a work, using (reading) a work, and
copying a work.
93
The most important but less recognized distinction that has been also
influenced is that between producers and consumers of information and culture.
Reduced barriers make it easy to enter into information production and distribution, but
93
Siva Vaidhyanathan, C
OPYRIGHTS AND
C
OPYWRONGS
, T
HE
R
ISE OF
I
NTELLECTUAL
P
ROPERTY AND
H
OW
I
T
T
HREATENS
C
REATIVITY
152-153 (2001).


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