Owning Culture demonstrates how the fabric of social life in most Western countries—and increasingly, the world—is deeply bound up with the logic(s) of intellectual property law. The primary new question that is asked, which provides the focus for this dissertation, is the following. What happens to an area of cultural production that had been previously (relatively) untouched by the sphere of intellectual property law when that area is immersed in these new social relations? To better understand why people resist, adapt, or cease to engage in cultural practices at particular historical moments and in situated social contexts, I use articulation theory to help me identify and map the particular elements at play in the privatization of culture. By primarily focusing on ownership patterns, battles over ownership, and the effects of the corporate ownership of culture, political economists have ignored many interesting questions that are raised when cultural texts become commodified and subject to laws of private ownership. If one looks beyond the political economy of cultural production and shifts the unit of analysis to the location where culture is produced, a whole new set of questions emerge—questions that focus on the way in which intellectual property law affect the day to day lived experiences of cultural producers and consumers.

Thesis (Ph. D.)--University of Washington, 1999. / Vita. Includes bibliographical references (leaves [233]-254).

Unauthorised use of the trademark logo on social media on a massive scale has led to frequent legal conflicts between trademark holders, social media providers and internet users and legal uncertainty. The thesis concludes that trademark infringement and dilution laws in the U.S. and EU are inadequate to solve this problem. The trademark logo on social media should be protected against unauthorised use, even though it is not used to sell the good or service the trademark indicates, but is used in a commercial environment. Two premises for any solution are that first the enforcement should be made automatic, since litigation on a case-by-case basis is not scalable, and second that the safe harbour provisions for online service providers, that aggravate the problem, should be substituted for strict liability. The trademark logo can be seen as the personification of the trademark holder, and one can argue that the stability of the trademark logo is not only in the interest of the trademark holder but also of society at large. One can argue that trademark dilution already provides a kind of moral right of integrity for the trademark logo. However, this right is limited to trademark logos that are considered famous or have a reputation, and, moreover, that are used in a commercial way. This thesis argues that also the trademark logo that did not reach the requested level of fame or reputation and is used in a non-commercial way should also be protected against unauthorised use on social media. Therefore the moral right of integrity is proposed for the trademark logo. Until the law will be amended to include a moral right of integrity for the trademark logo, this thesis suggests to implement proactive solutions in the walled gardens of social media as a testing ground for potential legislation. This automated solution is scalable, makes intellectual property protection and enforcement not only effective but also more calibratable to social policy goals and will inevitable lead to an algorithmic justice. / 社交媒體上大規模未經授權使用的商標標誌為商標持有人、社交媒體提供商和互聯網用戶之間帶來法律衝突，更帶來法律上的不確定性。本文提出的結論是美國與歐盟有關商標被侵犯和稀釋的法律並不足以解決這個問題。縱使在社交媒體上的商標標誌未被用作銷售貨品或服務，但由於是在商業環境使用，所以法律應該保障其免被未經授權使用。任何解決方法都必須基於兩個前設。首先由於按個別情況興訟的可行性低，所以執法應該自動化。其二網絡服務供應商所依賴的避風港條款只會使問題更加嚴重，因此應該採用嚴格法律責任。商標標誌可被視為商標持有人的縮影，而商標標誌的穩定性除了對商標持有人有利之外，可謂對廣大社會也有裨益。法律所保障商標免被稀釋本身可說是一種對商標標誌完整性的精神權利的認可。但現時只有被認為著名，有聲譽，以及作商業用途的商標標誌才享有此權利。本文強調一般未達到著名或有聲譽，以及未作商業用途的商標標誌在社交媒體上應該受到同等免被未經授權使用的保障。就此，本文提出商標標誌應享有完整性的精神權利。在修法保障商標標誌完整性的精神權利前，本文建議在社交媒體這個空間裡採納積極的措施，以測試未來法律條文的可行性。此自動化的方案有可擴展性，使保障和執行知識產權既有效率，又可對準社會政策的目標，更必然會帶來算法公義。 / Friedmann, Danny. / Thesis Ph.D. Chinese University of Hong Kong 2013. / Includes bibliographical references (leaves 354-380). / Abstracts also in Chinese. / Title from PDF title page (viewed on 05, October, 2016). / Friedmann, Danny. / Detailed summary in vernacular field only.

v angličtině Diploma thesis is focused on media law in the area of broadcasting. The sources for the diploma thesis were broadcasting legal frameworks of the Czech Republic and the European Union, available case-law and doctrinal findings. The goal of the diploma thesis is to systematically and analytically describe individual institutes of media law in broadcasting, which in sum compose the legal framework of broadcasting in the Czech Republic. Diploma thesis contains systematic definition of broadcasting mainly from the viewpoint of general media theory, furthermore overview of the legal framework of the broadcasting itself. In the diploma thesis is evaluated the legislation concerning traditional broadcasting media and broadcasting through the internet. Diploma thesis furthermore contains chapter dedicated to regulation of broadcasting and regulatory bodies operating in the Czech Republic. The diploma thesis is concluded with a chapter dedicated to further possible developments in media law in the area of broadcasting mainly due to the proposed changes of individual laws.

For the last decade, The Daily Show with Jon Stewart (TDS), a (Comedy Central) cable comedy show, has been increasingly seen as an informative, new, even revolutionary, form of journalism. A substantial body of literature appeared, adopting this view. On closer inspection, it became clear that this view was tenable only in specific circumstances. It assumed that the comedic structure of the show, TDS' primary text, promoted cognitive polysemy, a textual ambiguity which encouraged critical inquiry, and that TDS' audiences perceived it accordingly. As a result I analyzed, through a dual - encoding/decoding - analytical approach, whether TDS' comedic discourse educates and informs its audiences in a manner which encourages independent or critical reading of the news. Through a multilayered textual analysis of the primary and tertiary texts of the show, the research presented here asked, "How does TDS' comedic narrative (primary text) work as a vehicle of televised political news?" and "How does TDS' audience decode its text?" The research identified flaws in the existing literature and the limits inherent to any similar endeavors. It became apparent that, due to TDS' comedic discourse and its host's political transparency, the primary text does not promote cognitive polysemy, because it offers one dominant reading that is easily deciphered. Furthermore, due to its specific comedic structure, the primary text does not encourage dissenting or critical reading of the show's presentation of the news. Close reading of specific audience-authored tertiary texts indicated that TDS offered a dominant encoded reading which was either easily accepted or slightly negotiated, according to the views of the news outlet presenting the TDS excerpt.

Defamation law‘s truth defence – the oldest, most obvious and principal defence – has failed Australian media defendants. Few who mount the defence succeed. Many, discouraged by the defence‘s onerousness, do not even attempt it. As a consequence the journalistic articulation of matters of public concern is stifled. This thesis argues that the limitations of the Australian truth defence are inconsistent with established freedom of speech ideals and the public interest in having a robust media. As a result society is constrained from enlightened participation in public affairs. This thesis proposes reforms to alleviate the heavy demands of the defence so as to promote the publication of matters of public concern and to strike a more contemporary balance between freedom of speech and the protection of reputation. These reforms employ defamation law‘s doctrinal calculus to reposition the speech-reputation fulcrum. While defamation law has for decades attracted reform attention, the truth defence has languished by the wayside. This thesis steps into the breech. The cornerstone of this thesis is a proposal to reverse the burden so that the plaintiff bears the burden of proving falsity of the defamatory publication where: the complainant is a public figure; the matter complained about is a matter of public concern; and the suit involves a media defendant. While this proposal is likely to dramatically alter the prevailing Australian freedom of speech/protection of reputation equilibrium, other measures are proposed to serve as a bulwark against the wanton destruction of reputation.

In this paper I compare two female presidents in Latin America, Argentina’s Cristina Kirchner and Brazil’s Dilma Rousseff. Both have had major policy actions they have taken during their time in office that have meet with resistance from the elite members of society who were either happy under the military dictatorships that recently ruled that nations, or are unhappy that their Presidents are trying to change the way thing are. I look at two examples in particular, the first is Media Law 25.552 in Argentina which sought to break up the media conglomerates that held a monopoly on the media, the second, the scandal involving the state-run oil company of Brazil, and subsequent protests and how the elites are using those protests to call for President Rousseff’s resignation, due to their dislike of her social programs to help the poor. For both presidents, they face many difficulties in getting their legislation through and this paper examines the difficulties that exist due to the former military regimes in each nation.

Social media is fast becoming an ever-increasingly significant part of the world of business and a phenomenon which cannot be evaded. The advent of social media in the workplace compels organisations to acclimatise to the transformation emanating from employees‟ adoption of these technologies (Hanaki & Casella, 2008). Approximately seventy percent of organisations do not have a social media governance framework in place (Fink et al., 2011). Social media governance in organisations is very disjointed; companies have varying stances as to social media strategy, the risks, benefits and business use of social media (Thompson et al., 2011). The growth of social media and its use in the business environment will see a more standardised approach to social media governance (Thompson et al., 2011). Being at the forefront of technology development in Africa, and in certain areas, globally (Government of the Republic of South Africa, 2012), places added emphasis on IT organisations in South Africa to set the standard as it relates to social media governance. The diversity and depth of the human and technology resources within these organisations, creates an environment conducive to establishing and pioneering sound social media governance structures. The treatise consists of a study on the governance of social media and the successive development of two frameworks; an integrated framework for the governance of social media in the workplace, as well as integrated framework for a social media policy within an IT organisation. These frameworks are empirically evaluated amongst employees, within the context of Information Technology (IT) organisations, in South Africa. Several recommendations are proposed by the author in relation to the adoption of the proposed frameworks.

In recent years, the way Albanians consume news has changed radically. They have abandoned traditional media, and instead, a large majority now rely on television, social media, and online media as their primary source of information. The journalists I have interviewed say that the change has led to a deterioration in journalistic quality. According to them, consumers are no longer interested in the underlying causes; instead, most want journalism to be mixed with entertainment.   In 2022, wealthy businessmen continued to buy media outlets, which, i.a. Reporters Without Borders consider worrisome. Today, freedom of the press suffers from the fact that the owners of the media outlets can, to a large extent, control the reporting, which benefits their other businesses on the side. The country is also corrupt, enabling close ties between media owners, politicians, and organized crime. In Albania, during the spring, the population expressed dissatisfaction with the low wages and high petrol prices, which in May 2022 was one of the highest in the world.   The results I have reached show that freedom of the press in Albania is not doing well, and several of the journalists I interviewed admit that they have at some point censored their reporting out of fear of consequences.

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