...William & Mary Law Review Volume 45 | Issue 4 Article 5 A Pattern-Oriented Approach to Fair Use Michael J. Madison Repository Citation Michael J. Madison, A Pattern-Oriented Approach to Fair Use, 45 Wm. & Mary L. Rev. 1525 (2004), http://scholarship.law.wm.edu/wmlr/vol45/iss4/5 Copyright c 2004 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. http://scholarship.law.wm.edu/wmlr A PATTERN-ORIENTED APPROACH TO FAIR USE MICHAEL J. MADISON* ABSTRACT More than 150 years into development of the doctrineof "fairuse" in American copyright law, there is no end to legislative,judicial, and academic efforts to rationalizethe doctrine. Its codification in the 1976 CopyrightAct appearsto have contributedto its fragmentation, rather than to its coherence. As did much of copyright law, fair use originated as a judicially unacknowledged effort via the law to validate certain favored practicesand patterns.In the main, it has continued to be applied as such, though too often courts mask their implicit validation of these patterns in the now-conventional "caseby-case" application of the statutoryfair use "factors"to the defendant's use of the copyrighted work in question. A more explicit acknowledgment of the role of these patterns in fair use analysis would be consistent with fair use, copyright policy, and tradition. Importantly, such an acknowledgment would help to bridge the often difficult conceptual gap between fair use...
Words: 74799 - Pages: 300
...This week's graded topics relate to the following Terminal Course Objectives (TCOs): A | Given an organizational requirement to conform business practices to both the law and best ethical practices, apply appropriate ethical theories to shape a business decision. | I | Given specified circumstances of a business decision to expand to international markets, determine what international legal requirements or regulatory controls apply. | Topics for This Week's Discussion * Introduce yourself to your professor and the rest of the class. (not graded) * Thread over TCO A/I (graded) * Ethics and Patent Rights Post 9/11 (graded) * Q & A Forum for your questions and comments (not graded) | | There is a drop down arrow next to the "Select a Topic" box. Click on this arrow to select topics for discussion. | ------------------------------------------------- Top of Form Select a Topic: Bottom of Form The World Bank Situation (graded) | Class, please read Chapter 2, problem 5 from the Jennings text, p. 72. This week, we will discuss the Wolfowitz situation at the World Bank. Consider the questions at the end of the problem as you make comments in the threads this week. What are the ethics here? Was Wolfowitz trying to do the right thing? Does that make a difference ethically? Throughout the week, I will bring in further questions. Be sure to read the lecture and the international ethics article stated in your reading for the week as well. | ...
Words: 201281 - Pages: 806
...Abstract The Power of Social Networking Sites in the context of Online Recruitment A thesis submitted in part fulfilment of the requirements for the award of BA Honours Management Author: Adeel Qurashi Mr Bill Sutherland 17th of April 2009 Robert Gordon University Aberdeen Business School Garthdee Road Aberdeen AB10 7QE Tel: + 44 1224 262000 Web: www.rgu.ac.uk Supervisor: Date: The Power of Social Networking Sites in the context of Online Recruitment II Abstract Abstract Social Networking Sites are experiencing a rapid growth; there seems to be no limit to their size. Many Social Networking Sites boast with millions of members using their networks on regular basis to communicate, share, create, and collaborate with others. Popular examples of these Social Networking Sites are Facebook, LinkedIn and Bebo. Although most of these sites lack decent business models, they are valued at millions of pounds. Google paid 1.5 billion dollar for YouTube when it wasn’t even earning a single penny. The reason successful Social Networking Sites have become so valuable is due to the amount of people that are using it; and people are exactly what organisations are after. This report aims to find out whether Social Networking Sites have the same value in the context of recruitment. Academic literature extensively discusses online recruitment, however not much is said about recruitment on Social Networking Sites: ‘Sociocruitment’. Research revealed that professionals...
Words: 26147 - Pages: 105
...Media History Contents 1 Introduction 1.1 Mass media . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.1.1 1.1.2 1.1.3 1.1.4 1.1.5 1.1.6 1.1.7 1.1.8 1.1.9 Issues with definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Forms of mass media . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Professions involving mass media . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Influence and sociology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ethical issues and criticism . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Future . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . See also . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1 1 2 6 6 7 8 10 10 10 10 11 11 12 12 12 12 16 16 17 17 17 17 17 17 18 19 20 21 21 21 1.1.10 Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.1.11 References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.1.12 Further reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.1.13 External links . . . . . . . . ....
Words: 146891 - Pages: 588
...The Wealth of Networks The Wealth of Networks How Social Production Transforms Markets and Freedom Yochai Benkler Yale University Press New Haven and London Copyright _ 2006 by Yochai Benkler. All rights reserved. Subject to the exception immediately following, this book may not be reproduced, in whole or in part, including illustrations, in any form (beyond that copying permitted by Sections 107 and 108 of the U.S. Copyright Law and except by reviewers for the public press), without written permission from the publishers. The author has made an online version of the book available under a Creative Commons Noncommercial Sharealike license; it can be accessed through the author’s website at http://www.benkler.org. Printed in the United States of America. Library of Congress Cataloging-in-Publication Data Benkler, Yochai. The wealth of networks : how social production transforms markets and freedom / Yochai Benkler. p. cm. Includes bibliographical references and index. ISBN-13: 978-0-300-11056-2 (alk. paper) ISBN-10: 0-300-11056-1 (alk. paper) 1. Information society. 2. Information networks. 3. Computer networks—Social aspects. 4. Computer networks—Economic aspects. I. Title. HM851.B457 2006 303.48'33—dc22 2005028316 A catalogue record for this book is available from the British Library. The paper in this book meets the guidelines for permanence and durability of the Committee on Production Guidelines for Book Longevity of the Council on Library Resources. 10 9 8 7 6 5 4 3 2 1...
Words: 214717 - Pages: 859
...Note from the Authors: “Creative Entrepreneurship” was born out of the desire, want and curiosity of kbs+’s staff to understand the crazy world of entrepreneurship. “Creative Entrepreneurship” curates the perspectives of leading entrepreneurs and venture capitalists as a guide for people interested in learning more. Each writer graciously contributed their work to create a curated resource for creative entrepreneurs. This book is the teaching and inspirational aid for our kbs+ Ventures Fellows – a highly select group of kbs+ staffers from all levels and areas of the agency – who go through a six-month educational program to immerse themselves in the startup and venture capital world. Share this entrepreneurial inspiration with friends using @kbspvc or #kbspvcbook. If you would like to share any inspiration, thoughts or feedback, please contact us at @kbspvc anytime – we look forward to hearing from you. Thank you for downloading our book! Darren Herman Taylor Davidson Creative Entrepreneurship Darren Herman Taylor Davidson a kbs+ partner We have received explicit permission from all authors of the works found in this book. Unless otherwise stated, we do not claim to have written or own any of this work. We are purely aggregating it into a simple book format for the education of anyone who picks up this book. The price of this book is free; if anyone tries to sell this book to you, please report them to us. Hopefully this book inspires you as much as it does...
Words: 88947 - Pages: 356
...B2B Brand Management Philip Kotler ´ Waldemar Pfoertsch B2B Brand Management With the Cooperation of Ines Michi With 76 Figures and 7 Tables 12 Philip Kotler S. C. Johnson & Son Distinguished Professor of International Marketing Kellogg School of Business Northwestern University 2001 Sheridan Rd. Evanston, IL 60208, USA p-kotler@kellogg.northwestern.edu Waldemar Pfoertsch Professor International Business Pforzheim University Tiefenbronnerstrasse 65 75175 Pforzheim, Germany waldemar.pfoertsch@pforzheim-university.de ISBN-10 3-540-25360-2 Springer Berlin Heidelberg New York ISBN-13 978-3-540-25360-0 Springer Berlin Heidelberg New York Cataloging-in-Publication Data Library of Congress Control Number: 2006930595 This work is subject to copyright. All rights are reserved, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilm or in any other way, and storage in data banks. Duplication of this publication or parts thereof is permitted only under the provisions of the German Copyright Law of September 9, 1965, in its current version, and permission for use must always be obtained from Springer-Verlag. Violations are liable for prosecution under the German Copyright Law. Springer is a part of Springer Science+Business Media springeronline.com ° Springer Berlin ´ Heidelberg 2006 Printed in Germany The use of general descriptive names, registered...
Words: 104254 - Pages: 418
...Technology Ventures From Idea to Enterprise is p r bite ohi d. se The pre na limi ry p s age are p are rep d fo r s ent tud s of D ho r. T ma Any s. yer sB oth e e r us se The pre na limi ry p s age are p are rep d fo r s ent tud s of D ho r. T ma Any s. yer sB oth e e r us is p r bite ohi d. Technology Ventures From Idea to Enterprise d. Thomas H. Byers Stanford University se The pre na limi ry p s age are p a Richard C. Dorf . Thom f Dr University of California, Davis so t den stu r d fo Andrew J. Nelson are rep University of Oregon Any s. yer sB oth e e r us is p r bite ohi TECHNOLOGY VENTURES: FROM IDEA TO ENTERPRISE, THIRD EDITION Published by McGraw-Hill, a business unit of The McGraw-Hill Companies, Inc., 1221 Avenue of the Americas, New York, NY 10020. Copyright @ 2001 by The McGraw-Hill Companies, Inc. All rights reserved. Previous editions © 2008 and 2005. No part of this publication may be reproduced or distributed in any form or by any means, or stored in a database or retrieval system, without the prior written consent of The McGraw-Hill Companies, Inc., including, but not limited to, in any network or other electronic storage or transmission, or broadcast for distance learning. Some ancillaries, including electronic and print components, may not be available to customers outside the...
Words: 60653 - Pages: 243
...8/6/2014 Print Property: Personal, Intellectual, and Real Learning Objectives 11 After studying this chapter, you will be able to: 1. Distinguish between personal, intellectual, and real property. 2. Explain how personal property is acquired. 3. Discuss the definition and significance of bailments. 4. Define different types of tenancies in real property. 5. Discuss the concept of eminent domain. Ryan McVay/Photodisc/Thinkstock The concept of property and ownership is one that has long been important in both society in general and law in particular. English philosopher and political theorist John Locke saw it as "the reason why men enter into society," and Walter Lippmann, the American journalist, described it as "the only dependable foundation of personal liberty." Some have gone so far as to say that the main reason for law is to protect property rights. Even if one does not subscribe to such a narrow purpose, there is no doubt that the law is much concerned with property and rights of ownership. Property can be defined as the right of an individual to exclusively possess, use, and dispose of anything that is capable of being owned. Broadly speaking, property can be divided into three separate types: personal property, intellectual property, and real property. Personal property is characterized by its portable nature; it can be carried from place to place. Furthermore, personal property can be either tangible or intangible. Tangible personal property encompasses...
Words: 21517 - Pages: 87
...C O D E C ODE v e r s i o n 2 . 0 L A W R E N C E L E S S I G A Member of the Perseus Books Group New York Copyright © 2006 by Lawrence Lessig CC Attribution-ShareAlike Published by Basic Books A Member of the Perseus Books Group Printed in the United States of America. For information, address Basic Books, 387 Park Avenue South, New York, NY 10016–8810. Books published by Basic Books are available at special discounts for bulk purchases in the United States by corporations, institutions, and other organizations. For more information, please contact the Special Markets Department at the Perseus Books Group, 11 Cambridge Center, Cambridge MA 02142, or call (617) 252-5298, (800) 255-1514 or e-mail special.markets@perseusbooks.com. CIP catalog record for this book is available from the Library of Congress. ISBN-10: 0–465–03914–6 ISBN-13: 978–0–465–03914–2 06 07 08 09 / 10 9 8 7 6 5 4 3 2 1 Code version 1.0 FOR CHARLIE NESSON, WHOSE EVERY IDEA SEEMS CRAZY FOR ABOUT A YEAR. Code version 2.0 TO WIKIPEDIA, THE ONE SURPRISE THAT TEACHES MORE THAN EVERYTHING HERE. C O N T E N T S Preface to the Second Edition Preface to the First Edition Chapter 1. Code Is Law Chapter 2. Four Puzzles from Cyberspace PART I: “REGULABILITY” ix xiii 1 9 Chapter 3. Is-Ism: Is the Way It Is the Way It Must Be? Chapter 4. Architectures of Control Chapter 5. Regulating Code PART II: REGULATION BY CODE 31 38 61 Chapter 6. Cyberspaces Chapter 7. What Things Regulate...
Words: 190498 - Pages: 762
...An Integrated Approach to Strategy Running Case Featuring Wal-Mart Wal-Mart’s Competitive Advantage (Chapter 1) ● Working Conditions at Wal-Mart (Chapter 2) ● Wal-Mart’s Bargaining Power over Suppliers (Chapter 3) ● Human Resource Strategy and Productivity at Wal-Mart (Chapter 4) ● How Wal-Mart Became a Cost Leader (Chapter 5) ● Wal-Mart’s Global Expansion (Chapter 6) ● WalMart Internally Ventures a New Kind of Retail Store (Chapter 8) ● Sam Walton’s Approach to Implementing Wal-Mart’s Strategy (Chapter 9) Strategy in Action Features A Strategic Shift at Microsoft (Chapter 1) ● The Agency Problem at Tyco (Chapter 2) ● Circumventing Entry Barriers into the Soft Drink Industry (Chapter 3) ● Learning Effects in Cardiac Surgery (Chapter 4) ● How to Make Money in the Vacuum Tube Business (Chapter 5) ● The Evolution of Strategy at Procter & Gamble (Chapter 6) ● Diversification at 3M: Leveraging Technology (Chapter 7) ● News Corp’s Successful Acquisition Strategy (Chapter 8) ● How to Flatten and Decentralize Structure (Chapter 9) Practicing Strategic Management Application-based activities intended to get your students thinking beyond the book. Small-Group Exercises Short experiential exercises that ask students to coordinate and collaborate on group work focused on an aspect of strategic management. Exploring the Web Internet exercises that require students to explore company websites and answer chapter-related questions. Designing a Planning System (Chapter 1) Evaluating...
Words: 223966 - Pages: 896
...Freedom of Connection – Freedom of Expression: The Changing Legal and Regulatory Ecology Shaping the Internet by William H. Dutton Anna Dopatka Michael Hills Ginette Law and Victoria Nash Oxford Internet Institute University of Oxford 1 St Giles Oxford OX1 3JS United Kingdom 19 August 2010 A report prepared for UNESCO’s Division for Freedom of Expression, Democracy and Peace. The opinions expressed in this report are those of the authors and do not necessarily reflect the views of UNESCO or its Division for Freedom of Expression, Democracy and Peace. Preface As stated in its Constitution, UNESCO is dedicated to “Promoting the free flow of ideas by word and image”. Part of this mission, therefore, is to promote freedom of expression and freedom of the press through sensitization and monitoring activities, as a central element in building strong democracies, contributing to good governance, promoting civic participation and the rule of law, and encouraging human development and security. Media independence and pluralism are fostered by the Organization, providing advisory services on media legislation and sensitizing governments and parliamentarians, as well as civil society and relevant professional associations. However, UNESCO recognizes that the principle of freedom of expression must apply not only to traditional media, but also...
Words: 39228 - Pages: 157
...An Integrated Approach to Strategy Running Case Featuring Wal-Mart Wal-Mart’s Competitive Advantage (Chapter 1) ● Working Conditions at Wal-Mart (Chapter 2) ● Wal-Mart’s Bargaining Power over Suppliers (Chapter 3) ● Human Resource Strategy and Productivity at Wal-Mart (Chapter 4) ● How Wal-Mart Became a Cost Leader (Chapter 5) ● Wal-Mart’s Global Expansion (Chapter 6) ● WalMart Internally Ventures a New Kind of Retail Store (Chapter 8) ● Sam Walton’s Approach to Implementing Wal-Mart’s Strategy (Chapter 9) Strategy in Action Features A Strategic Shift at Microsoft (Chapter 1) ● The Agency Problem at Tyco (Chapter 2) ● Circumventing Entry Barriers into the Soft Drink Industry (Chapter 3) ● Learning Effects in Cardiac Surgery (Chapter 4) ● How to Make Money in the Vacuum Tube Business (Chapter 5) ● The Evolution of Strategy at Procter & Gamble (Chapter 6) ● Diversification at 3M: Leveraging Technology (Chapter 7) ● News Corp’s Successful Acquisition Strategy (Chapter 8) ● How to Flatten and Decentralize Structure (Chapter 9) Practicing Strategic Management Application-based activities intended to get your students thinking beyond the book. Small-Group Exercises Short experiential exercises that ask students to coordinate and collaborate on group work focused on an aspect of strategic management. Exploring the Web Internet exercises that require students to explore company websites and answer chapter-related questions. Designing a Planning System (Chapter 1) Evaluating...
Words: 223966 - Pages: 896
...4 TH EDITION Managing and Using Information Systems A Strategic Approach KERI E. PEARLSON KP Partners CAROL S. SAUNDERS University of Central Florida JOHN WILEY & SONS, INC. To Yale & Hana To Rusty, Russell &Kristin VICE PRESIDENT & EXECUTIVE PUBLISHER EXECUTIVE EDITOR EDITORIAL ASSISTANT MARKETING MANAGER DESIGN DIRECTOR SENIOR DESIGNER SENIOR PRODUCTION EDITOR SENIOR MEDIA EDITOR PRODUCTION MANAGEMENT SERVICES This book is printed on acid-free paper. Don Fowley Beth Lang Golub Lyle Curry Carly DeCandia Harry Nolan Kevin Murphy Patricia McFadden Lauren Sapira Pine Tree Composition Copyright 2010 John Wiley & Sons, Inc. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise, except as permitted under Sections 107 or 108 of the 1976 United States Copyright Act, without either the prior written permission of the Publisher, or authorization through payment of the appropriate per-copy fee to the Copyright Clearance Center, Inc. 222 Rosewood Drive, Danvers, MA 01923, website www.copyright.com. Requests to the Publisher for permission should be addressed to the Permissions Department, John Wiley & Sons, Inc., 111 River Street, Hoboken, NJ 07030-5774, (201) 748-6011, fax (201) 748-6008, website www.wiley.com/go/permissions. To order books or for customer service please, call 1-800-CALL WILEY (225-5945)...
Words: 175164 - Pages: 701
...4 TH EDITION Managing and Using Information Systems A Strategic Approach KERI E. PEARLSON KP Partners CAROL S. SAUNDERS University of Central Florida JOHN WILEY & SONS, INC. To Yale & Hana To Rusty, Russell &Kristin VICE PRESIDENT & EXECUTIVE PUBLISHER EXECUTIVE EDITOR EDITORIAL ASSISTANT MARKETING MANAGER DESIGN DIRECTOR SENIOR DESIGNER SENIOR PRODUCTION EDITOR SENIOR MEDIA EDITOR PRODUCTION MANAGEMENT SERVICES This book is printed on acid-free paper. Don Fowley Beth Lang Golub Lyle Curry Carly DeCandia Harry Nolan Kevin Murphy Patricia McFadden Lauren Sapira Pine Tree Composition Copyright 2010 John Wiley & Sons, Inc. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise, except as permitted under Sections 107 or 108 of the 1976 United States Copyright Act, without either the prior written permission of the Publisher, or authorization through payment of the appropriate per-copy fee to the Copyright Clearance Center, Inc. 222 Rosewood Drive, Danvers, MA 01923, website www.copyright.com. Requests to the Publisher for permission should be addressed to the Permissions Department, John Wiley & Sons, Inc., 111 River Street, Hoboken, NJ 07030-5774, (201) 748-6011, fax (201) 748-6008, website www.wiley.com/go/permissions. To order books or for customer service please, call 1-800-CALL WILEY (225-5945)...
Words: 175164 - Pages: 701
