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141.
The Supreme Court instructs that the most important consideration in analyzing fair use is the effect on the market for the original. Employing music sales data, this article presents evidence of digital sampling's effect on the sales of sampled songs. Our results indicate that a reassessment of fair use in the area of music sampling is needed since sales of sampled songs increased after being repurposed within new songs. These results are robust and highly statistically significant. Findings of this nature favor a judicial determination that sampling constitutes a fair use, even when considering the influence that a new work has on extant licensing markets for sample clearance. This article argues that the current sample–licensing market is a product of aberrant antisampling case law arising from a lack of relevant empirical data and nonutilitarian judicial opinions. As set forth herein, the goal of encouraging creative activity without hindering copyright owners’ capacity to financially gain from their work is served by implementing a limited presumption of fair use for sampling. The findings are further applicable outside of the fair use analysis, as the study is important in the private law when viewed through a law and strategy lens. Forward thinking music firms should reframe their approach by encouraging sampling of their works to secure cost‐free advertising and achieve a competitive advantage. 相似文献
142.
Louis D'Aulerio B.A. Gary Whitman B.S.M.E. Larry Sicher B.S.M.E. Alan Cantor B.S.A.E. Mike Markushewski B.S.M.E.T. 《Journal of forensic sciences》2019,64(3):754-764
The introduction of frontal airbags and seatbelt pretensioners for front seat occupants provided an opportunity to address injuries caused by seatbelt loading by introducing load‐limiters, which were intended to reduce belt loading while maintaining proper restraint. Investigation and forensic analysis of real‐world crashes identified that the implementation of these devices, in some circumstances, increased the potential of injury. This paper focuses on the trade‐offs of load‐limiters, that is, the reduction loading to the occupant versus the corresponding increase in seatbelt webbing and occupant movement. If the additional webbing introduced is not controlled, the risk of injury to the occupant is increased and could result in more frequent and severe injuries rather than a reduction. This paper quantifies the webbing introduced by load‐limiter activation through forensic analysis of the seatbelt involved in real‐world crashes and testing and assesses its effect on the injuries sustained by the occupant. 相似文献
143.
Jennifer C. Bready Ph.D. Robert J. Bready M.S. Dennis J. Chute M.D. 《Journal of forensic sciences》2017,62(4):911-914
This study will discuss trends in suicide data compiled over 10 years in Dutchess County, NY, from 2004 to 2013. These data were based on reporting and examination standards recommended by the National Association of Medical Examiners and Department of Justice death investigation standards. Almost 300 cases were analyzed in terms of the deceased's gender, age, race, method of suicide, and weapon used. Results from this study agree with other reports showing significant differences for method of death both in terms of age and gender, with men more likely to choose firearms and women more likely to choose overdose. Furthermore, older persons were more likely to commit suicide by firearms, and the younger persons were more likely to commit suicide by overdose. However, other areas, such as method of suicide, differ from national statistics. 相似文献
144.
A Computational Framework for Age‐at‐Death Estimation from the Skeleton: Surface and Outline Analysis of 3D Laser Scans of the Adult Pubic Symphysis
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Bridget F. B. Algee‐Hewitt Ph.D. Jieun Kim Ph.D. Dennis E. Slice Ph.D. 《Journal of forensic sciences》2017,62(6):1434-1444
In forensic anthropology, age‐at‐death estimation typically requires the macroscopic assessment of the skeletal indicator and its association with a phase or score. High subjectivity and error are the recognized disadvantages of this approach, creating a need for alternative tools that enable the objective and mathematically robust assessment of true chronological age. We describe, here, three fully computational, quantitative shape analysis methods and a combinatory approach that make use of three‐dimensional laser scans of the pubic symphysis. We report a novel age‐related shape measure, focusing on the changes observed in the ventral margin curvature, and refine two former methods, whose measures capture the flatness of the symphyseal surface. We show how we can decrease age‐estimation error and improve prior results by combining these outline and surface measures in two multivariate regression models. The presented models produce objective age‐estimates that are comparable to current practices with root‐mean‐square‐errors between 13.7 and 16.5 years. 相似文献
145.
146.
Mike Zajko 《Society》2011,48(6):457-461
The global warming controversy has experienced a tumultuous period, with the credibility of climate science repeatedly questioned
and a lack of international solidarity on the issue. While climate science institutions have accomplished much in their history,
the current impasse highlights the limits of previous approaches. Determined critics have contested the authority of established
scientific institutions, which have failed to measure up to their mythic ideals. While the imperfections of climate science
have exposed some avenues for reform, they also suggest that the public stands to benefit from a more accurate understanding
of science as both a process and body of knowledge. Uncertain and incomplete knowledge need not be an obstacle for action,
and climate science can be made more robust and credible if it is removed from the center of what are largely political disagreements. 相似文献
147.
This paper explores empirically the relation between special-interest groups and economic growth. Our analysis exploits new data on the number of groups observed across countries and time, in order to mitigate the identification problems associated with earlier studies. Also in contrast to earlier work, we examine the impact of groups on two sources of growth??capital accumulation and technological change??in addition to the impact of groups on output growth. The findings are consistent with Olson??s (The rise and decline of nations: the political economy of economic growth, stagflation, and social rigidities. New Haven, Yale, 1982) claim that societies with greater numbers of interest groups grow slower, accumulate less capital, and experience reduced productivity growth relative to others. 相似文献
148.
Dennis Grube 《Australian Journal of Public Administration》2011,70(2):115-130
Every year, senior departmental secretaries in Australia deliver keynote speeches to a range of audiences. What are these secretaries talking about, and to whom are they directing their comments? This article will examine keynote addresses by the secretaries of the two key central agencies in Australia – the Department of Prime Minister and Cabinet and The Treasury – over the calendar years 2009 and 2010. I argue that ‘public rhetorical leadership’ by secretaries poses challenges for traditional understandings of Westminster governance. Utilising the concepts of public value theory, the significance of this ‘public rhetorical leadership’ is assessed in terms of its impacts on policy implementation and questions of accountability. 相似文献
149.
Upholding principles of territoriality, the US Court of Appealsfor the Federal Circuit has refused to extend its jurisdictionto enforce related foreign patents. 相似文献
150.
Raychelle M. Burks M.F.S. Shari E. Pacquette B.S. Mike A. Guericke B.S. Mark V. Wilson Ph.D. David J. Symonsbergen M.S. Kerry A. Lucas Ph.D. Andrea E. Holmes Ph.D. 《Journal of forensic sciences》2010,55(3):723-727
Abstract: The design and preliminary characterization of a novel sensor for drugs of abuse, DETECHIP®, is described in this proof‐of‐concept note. Combining both colorimetric and fluorimetric assays, DETECHIP® is suitable for lab and field use. More than a conventional spot test which provides a single “yes or no” answer, DETECHIP® provides twenty responses for a more complete characterization of suspect material. This is accomplished by visually noting colorimetric and fluorescent changes of carefully selected dyes upon the addition of test analytes, including drugs of abuse, with respect to controls. Color and fluorescence changes are recorded numerically so that a 20 digit identification code can be constructed for comparison of test analytes and known compounds. DETECHIP® is applicable to a variety of drugs, both plant‐derived and synthetic, addressing the need to use several different spot tests simultaneously for a single sample. 相似文献