Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Research Identifier An unambiguous reference to the resource within a given context CleanUrl: research Description A description of the content of the resource or work <p class="p1"><span class="s1">Entries in this section of the Copyright Cortex include both peer-reviewed and non-peer-reviewed research, exploring the law of copyright and its effects on policy and practice in a variety of cultural heritage contexts. From managing the risks associated with making orphan works available online to claiming copyright in digital surrogates of public domain works, this section catalogues data, evidence, and commentary across a wide range of topics. </span></p> <p class="p1"><span class="s1">If you have any recommendations for material that should feature in this section of the Copyright Cortex please do let us know. You can contact us at: </span><a href="mailto:info@copyrightcortex.org"><span class="s2">info@copyrightcortex.org</span></a></p> Journal Article URL http://lawecommons.luc.edu/cgi/viewcontent.cgi?article=1068&context=facpubs Volume 103 Pages (from-to) 1607-1682 Journal Title Northwestern University Law Review Issue Number 4 Institution Northwestern University Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Copyright and Copy-Reliant Technology Description A description of the content of the resource or work This journal article presents a theoretical framework for the copyright implications present in the use of large corpora of copied texts for nonexpressive uses, such as internet search engines, plagiarism detection software, reverse-engineering software, and the Google Book Project. Creator An entity primarily responsible for making the resource Matthew Sag Date A point or period of time associated with an event in the lifecycle of the resource 2009-1-1 Publisher An entity responsible for making the resource available Northwestern University Language A language of the resource ENG Rights Information about rights held in and over the resource CC BY-NC-ND Identifier An unambiguous reference to the resource within a given context CleanUrl: copyright-copy-reliant-technology Abstract A summary of the resource. <p>This article studies the rise of copy-reliant technologies - technologies such as Internet search engines and plagiarism detection software that, although they do not read, understand or enjoy copyrighted works, necessarily copy them in large quantities. This article provides a unifying theoretical framework for the legal analysis of topics that tend to be viewed discretely. Search engines, plagiarism detection software, reverse engineering and Google's nascent library cataloging effort, are each part of a broader phenomenon brought about by digitization, that of copy-reliant technologies. These technologies raise two novel, yet central, questions of copyright law. First, whether a non-expressive use that nonetheless requires copying the entirety of a copyright work should be found to infringe the exclusive rights of the copyright owner. Second, whether the transaction costs associated with copy-reliant technologies justify switching copyright's default rule that no copying may take place without permission to one in which copyright owners must affirmatively opt-out of specific uses of their works.</p> <p>This article explores the pivotal role of the fair use doctrine in adapting copyright law to new technology, and explains the role of expressive substitution in fair use doctrine generally and the application of fair use in the context of non-expressive use in particular. Furthermore, this Article explores the application of fair use in situations where the alleged infringer has provided copyright owners with the ability to opt-out. The Article is timely in light of the pending Google Book Settlement.</p> Copyright Cortex Fields Extra CC fields for copyright information Visual Date Date of creation or availability of the resource that is shown to users. To be formatted as follows: 2017 January 7 2009 Jurisdiction United States Size Details about the size of the resource (can be Bytes, Pages or Duration, depending on item type.) 825 KB 77 pp. Copyright Information Information about the copyright status of the record. In Copyright Keywords A selection of keywords that pertain to the article attached. fair use mass digitisation text and data mining business models case studies copy reliant technology nonexpressive use opt-out mechanisms transaction costs