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This study explores the problem of "fair use" in copyright as it applies to the use of POD's, print-on-demand systems, by education and business entities. This qualitative research instrument offers an explanation for the discrepancy between current copyright statutes and the application of these statutes by the US Courts toward regulating the "fair use" doctrine as it applies to POD technology. This synthesis examines the "gray areas" of the US Copyright Act of 1976 and the Copyright Amendments Act of 1992 in conjunction with the ever-changing legal opinions that continuously shape and mold court opinions into copyright ideals. In order to achieve this goal, the following criteria is discussed: 1) the nights of copyright owners; 2) limitations of exclusivity in copyright; 3) judicial and statutory factors in "fair use"; 4) court rulings that affect the common educational and business use of copyright protected materials; and 5) the affect of copyright rulings upon the use of high technology equipment that is presently in use or will be introduced into the market place soon. In effect, this study responds to the copyright dilemma as it pertains to "fair use" upon POD's, digital high speed copy systems, computers/laser printers, video taping systems, audio taping systems, live presentations, transmitted presentations, and other information systems. The following questions will be considered and discussed: 1) What is the history and intent of the fair use doctrine as it applies to the Copyright Act of 1976 and Copyright Amendment Act of 1992; 2) What is the affect of present copyright laws upon POD's; 3) Has court litigation in the last decade restricted the "fair use” doctrine by limiting the uses of copyrighted materials by educational and business entities? Finally and most importantly, in the interest of preserving, improving, and perfecting the relationship between POD users, in both education and business, and the international copyright proprietors, including members of AAP and SPA, this dissertation has explored and developed a copyright user's and owner's "Model of Rights". / Ph. D.

This thesis presents the shortcomings of the Fair Use exemption within the Copyright Act through an in depth analysis of the recent Shepard Fairey v. Associated Press surrounding the well-regarded Hope Poster. The thesis critiques the unpredictability of the law, the copyright holder’s growing sense of monopolized ownership over her or his work, the complex facets of art that are overlooked in the court’s legal analysis, and finally, the social justice implications of the Copyright Act. The thesis argues that Fair Use should make room for appropriation art, otherwise successful and progressive artists, such as Shepard Fairey, will be discouraged from creating.

The rapid diffusion of digital technologies since the 1970s has produced significant cultural change within industrialised societies and this dissertation examines the particular challenge that digital technologies and a burgeoning digital culture pose to copyright law. The hypothesis is that the international copyright regime, based on the private ownership of intellectual property, is being undermined by the collaborative and sharing dimensions of a networked digital culture. The argument is premised on evidence that digital culture is now so pervasive and so disruptive of traditional social and economic institutions that current copyright laws are no longer capable of managing the production and distribution of the knowledge, information and entertainment products that are fundamental to the operation of the global information economy. Ideological and cultural differences have led to conflict and ‘copyfights’ between the owners of copyright works and the digital creators who produce and share copyright works outside the commercial marketplace, and often, outside the law. Defending their legal rights, the owners have generally adopted a copyright maximalist approach. They have successfully argued for stricter laws to protect their valuable private property rights and have enforced the law against digital pirates and new technologies that they claim threaten their businesses and the orderly operation of the knowledge economy. The digital sharers have adopted a ‘copyleft’ approach. Demonstrating little respect for laws that inhibit digital creativity and innovation, and supportive of a public domain of accessible cultural works, they argue for less stringent legal controls over copyright works and for a new intellectual commons in which knowledge, information and entertainment products are shared, rather than privately owned. Analysis of the culture clash between owners and sharers and between their private and public interests demonstrates that the 21st century copyfights are divisive and expensive. This dissertation, as well as addressing the challenge that digital culture poses to copyright law, suggests possibilities for legal reform and opens up new terrain for further study into the question of who should own and benefit from the knowledge and information that form our cultural heritage. / Doctor of Philosophy (PhD)

Thesis (PH.D.)--Michigan State University. Rhetoric and Writing, 2008. / Title from PDF t.p. (viewed on Aug. 11, 2009) Includes bibliographical references (p. 349-368). Also issued in print.

法律明定使用者可以對別人的創作內容有一定程度的合理使用(Fair Use)範圍，像是以教學為用途而可影印書籍部份內容。然而合理使用的規範判定在電腦上難以實作，現有的DRM (Digital Rights Management, 著作權管理)系統甚少實現這樣的理想。 本研究在現有的ODRL2語言上架上使用本體論(Ontology)語言來加強本身所缺乏的語意，讓本體論與規則語言(Rule Language)結合，來達到規範(Policy)標示的能力，並且使用現有的推論引擎(Reasoning Engine)，拿到規範正確執行的能力。最後在帶有規範執行的機制底下，標示合理使用的基本規範，並加強ODRL的標示能力去逼近合理使用的精神。 / United States copyright laws grants users the rights to make “fair use” of copyrighted works, e.g. copying part of a book for the use of education purpose. Current digital rights management (DRM) systems are hard to enforce fair use doctrine for two reasons. First is that the current XML-based rights expression language (REL) are unable to describe the rights of fair use; and second is that the architecture of DRM systems interferes with fair use. This approach proposed a rights expression language based on ODRL 2.0 with Semantic Web technologies to get the ability to describe fair use policies. In addition, we design a fair use procedure mechanism for managing and enforcing fair use policies defined by trusted third parties. Both REL improvement and new procedure are done to approximate fair use.

Thesis (M.A.)--Carleton University, 2004. / Includes bibliographical references (p. 148-155). Also available in electronic format on the Internet.

Diss. Universität Leipzig, 2009.

This thesis deals with the way in which copyright law is changing in the digital environment and the mechanisms which are facilitating this change. It deals with these issues by analysing the mechanisms of this change, specifically Digital Rights Management (DRM)Systems and anti-circumvention legislation, and the impact which this change is having on the rights of copyright users. The purpose of copyright is to provide an incentive to authors to continue creating while simultaneously providing a public good in allowing the public to use those creations in certain ways. Copyright achieves this purpose by granting both the author and user certain rights. The author is given a limited monopoly over their work in exchange for allowing this work to enter the public sphere and ensuring that users of that work can utilise that work in certain limited ways. The success of copyright thus rests on maintaining the balance between the rights of these parties. The rise of digital technology has created a situation in which copyright content can be easily copied by any party with a Personal Computer and disseminated around the globe instantly via the Internet. In response to these dangers, copyright owners are making use of DRM systems to protect content. DRM systems include various measures of control within its scope. Theses systems allow for copyright owners to control both access and use of content by copyright users. DRM Systems are not foolproof measures of protection however. Technologically sophisticated users are able to circumvent these protection measures. Thus, in order to protect DRM Systems from circumvention, anti-circumvention legislation has been proposed through international treaties and adopted in many countries. The combined effect of these protection measures are open to abuse by copyright owners and serve to curtail the limited rights of copyright users. The end result of this is that the balance which copyright law was created to maintain is disrupted and copyright law no longer fulfils its purpose. This thesis undertakes an analysis of these issues with reference to how these issues affect copyright users in developing countries. This is done with particular reference to possible approaches to this issue in South Africa as South Africa is a signatory to these anti-circumvention treaties.

Higher education has experienced challenges defining and implementing copyright compliance. Confusion among faculty and staff appears to be common regarding copyright and fair use. The original copyright doctrine was drafted over 200 years ago, which predates practically all technological advances that have and will continue to occur. Change is slow and onerous with most legislation; there is not much possibility the small amendments made to the law will be able to keep pace with the continual technological evolution. Further, judges are citing precedents in court rulings of copyright disputes that were made using the best interpretation of the law, even though those earlier adjudicators had nothing concrete upon which to base decisions. The cycle of loose interpretations further exacerbates the copyright and fair use problem involving technology. Moreover, this concern has been magnified due to the digital nature of lesson delivery most learning institutions are adopting today. The rapid, widespread move toward online learning methods creates an entire set of copyright and fair use circumstances that extend beyond the traditional, face-to-face pedagogical issues. Invariably, schools will be left to attempt to decide what will be considered legal and safe, often by trial and error, until clearer, universally accepted guidelines can be created. A group consensus for best practice was achieved over three rounds of surveying with the help of a Delphi panel highly experienced in copyright laws. Opinions converged early during the process, where proper fair use assessment was one of the major themes appearing during the first round. Respondents also agreed future educators will undoubtedly continue to struggle with fully understanding the intricacies of fair use. An overall consensus reached for many questions was sufficient for answering the proposed research questions and drafting a list of recommendations for technological fair use. The outcome should add to the existing knowledge base, given the limited number of studies that have been conducted regarding the complexities of copyright topics in distance and online education. Recommendations for further investigations encourages researchers to continue where this effort ends to remain current and compliant with the ubiquitous changes in technologies.