The Moral Panic over Fair Use

Patry, William

doi:10.1093/acprof:osobl/9780199760091.003.0011

Cited by 6 publications

(4 citation statements)

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“…152 In one such case the Sixth Circuit observed that "courts have … properly rejected attempts by for-profit users to stand in the shoes of their customers making nonprofit or noncommercial uses." 153 In a subsequent case involving the sale of karaoke discs, it reiterated that "the end-user's utilization of the product is largely irrelevant; instead, the focus is on whether alleged infringer's use is transformative and/or commercial." 154 Thus, in defending against an allegation of public performance infringement, a storage provider like Dropbox may not be able to rely on the user having a fair use right to stream the content.…”

Section: Can the Aussies Help?mentioning

confidence: 99%

We Need to Talk About Aereo: Copyright-Avoiding Business Models, Cloud Storage and a Principled Reading of the 'Transmit' Clause

Giblin

Ginsburg

2014

SSRN Journal

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Businesses are exploiting perceived gaps in the structure of copyright rights by ingeniously designing their technologies to fulfill demand for individual access through a structure of personalized copies and playback engineered in ways intended to implicate neither the public performance nor the reproduction rights. The archetypal example is Aereo Inc.'s system for providing online access to broadcast television. Aereo allows users to tune into individual antennae to stream TV to themselves, near-live, online. Aereo's activities look a lot like the retransmission of broadcast signals, an activity which Congress has made very clear must result in remuneration for rightholders. However, Aereo's careful design, which assigns each user her own antenna to generate an individual transmission copy from which she can access only the signals she could freely pick up from her own rooftop, means that it can also be argued that Aereo is simply enabling consumers to engage in legitimate non-remunerable uses. If the legality of this design is upheld by the Supreme Court this term, Aereo and subsequent comers will be able to offer consumers on-demand access to content, in a way that competes with licensed services, without any obligation to remunerate the rightholder.

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Section: Can the Aussies Help?mentioning

confidence: 99%

We Need to Talk About Aereo: Copyright-Avoiding Business Models, Cloud Storage and a Principled Reading of the 'Transmit' Clause

Giblin

Ginsburg

2014

SSRN Journal

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“…With modernized bicycle designs in the late 1800s, women started riding in greater numbers ( 1 ). Gender-based independence was expanding in this epoch, yet female cyclists faced societal judgement, sexism, and pseudoscientific theories ( 2 ).…”

Section: Introductionmentioning

confidence: 99%

“…Gender-based independence was expanding in this epoch, yet female cyclists faced societal judgement, sexism, and pseudoscientific theories ( 2 ). Specifically, cycling could remove women from the home and might induce “adverse” physical effects, such as muscle growth or a so-called “strained face” ( 1 ). Since bicycling was normatively framed as a masculine pursuit during this time, questions of sexuality and even morality arose ( 3 ).…”

Section: Introductionmentioning

confidence: 99%

“…Since bicycling was normatively framed as a masculine pursuit during this time, questions of sexuality and even morality arose ( 3 ). Some of this conjecture was conditioned by changes in women's fashion, including billowing skirts, which could impede riding ( 1 ). Interestingly, this led women to register for a significant proportion of cycling-specific clothing patents ( 4 , 5 ).…”

Section: Introductionmentioning

confidence: 99%

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“There just isn't any other option—so we just have to put up with it”: mental health in women's cycling and the necessity of structural change

Colangelo,

Smith,

Buadze

et al. 2023

Front. Sports Act. Living

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Historically, bicycle riding connoted freedom, independence, and enhanced mental and physical wellbeing for women. Persevering through criticism and moral panic, female cyclists have been competitive since the late 19th century—many earning substantial prize money and prestige. Unfortunately, this progress was not linear in its trajectory and contemporary professional women's cycling continues to be pervaded by structural and cultural challenges, which can have deleterious effects on athlete mental health. Notably, socioeconomic pressures endure, like unstable employment terms, limited team support, and role conflicts. Furthermore, sexual harassment, body shaming, and manipulation may characterize women's experiences with their coaches and teams. Sizable investment gaps between men's and women's teams and competitions often underpin these scenarios of disadvantage. Alongside hindering the development of women's cycling, these adverse circumstances may induce psychosocial risk factors. Within this context, by highlighting sport-specific and sex-specific considerations, the emerging subdiscipline of sports psychiatry can be valuable for protecting and promoting athlete welfare in women's cycling. Raising awareness about extant symptoms, vulnerabilities, contributing behaviours, and systemic issues, can bolster efforts to develop better conditions and care equivalence. To that end, this perspective article draws upon anecdotal and scholarly evidence to provide an overview of psychiatric concerns in women's professional cycling. This informs recommended strategies to improve mental health and advance equality within the sport, which should involve actions from several stakeholders, such as athletes, teams, and governing bodies.

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Economic and Constitutional Influences on Copyright Law in the United States

Samuelson

2000

SSRN Journal

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The Moral Panic over Fair Use

Cited by 6 publications

References 0 publications

We Need to Talk About Aereo: Copyright-Avoiding Business Models, Cloud Storage and a Principled Reading of the 'Transmit' Clause

We Need to Talk About Aereo: Copyright-Avoiding Business Models, Cloud Storage and a Principled Reading of the 'Transmit' Clause

“There just isn't any other option—so we just have to put up with it”: mental health in women's cycling and the necessity of structural change

Economic and Constitutional Influences on Copyright Law in the United States

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