Documenting Fair Use: Has the Statement of Best Practices Loosened the Fair Use Reins for Documentary Filmmakers?

The United States Copyright Act allows for fair use of copyrighted material under certain circumstances, but federal courts have been inconsistent in rulings on copyright infringement cases in which documentary filmmakers claim fair use. This can be problematic for documentarians, who often use copyrighted materials. The 2005 “Documentary Filmmakers’ Statement of Best Practices in Fair Use” addressed this inconsistency by providing guidelines for filmmakers. This article analyzes relevant federal cases before and after the statement in which a documentary filmmaker was sued under the Copyright Act for infringement and in which a court addressed the issue of whether the use was fair. A case analysis shows that federal rulings have become slightly more accommodating toward the use of copyrighted material in documentaries and the use of copyrighted video in general since the statement was introduced. The statement's relevance to fair use case law is also examined.     

The Fate of ‘Big Government’ in the United States:Not Over,But Undermined?

Big government in the United States has never been as expansiveas the big state abroad. Whatever its scope, there is little evidence that the days of big government are numbered. Among both the public and organized interests there is at once antagonism toward big government and yet consistent support for many of the protections it affords, including those provided by the U.S. federal government's largest, and sure to get larger, social programs. The most important story is not the threat of a reduced state, but rather itstransformation. Continuing attempts to privatize its administration could put much of the big state, including its social programs, in the hands of big business.     

Theorizing power in transition studies: the role of creativity and novel practices in structural change

An important theoretical challenge for theorizing about power dynamics in societal transitions is the transformation of power itself. In this respect, it is especially puzzling how agency at the level of novel practices can extend beyond the habitual, how it can draw on structures and destructure at the same time and in doing so, how it might emerge both as a creative and a destructive force. This article addresses this puzzle by scrutinizing and refining multi-level conceptions of power in the field of transitions studies. In the first part, it explores one specific multi-level framework by Grin and Van Tatenhove in a longitudinal case study of wind energy projects in Denmark and establishes that it has four conceptual short-comings—relating to (1) temporality; (2) relationality; (3) materiality; and (4) creativity—that this article claims to overcome in the second part. In order to so, it draws on several practice theories for an extended framework that enables the unpacking of the interplay between creativity and transition processes.     

Gender differences in risk for intimate partner violence among South African adults

Despite a high prevalence of intimate partner violence in South Africa, few epidemiological studies have assessed individual risk factors and differential vulnerability by gender. This study seeks to analyze gender differences in risk for intimate partner violence victimization and perpetration according to childhood and adult risk factors in a national sample of South African men and women. Using data from the cross-sectional, nationally representative South Africa Stress and Health Study, the authors examine data from 1,715 currently married or cohabiting adults on reporting of intimate partner violence. Our analysis include (a) demographic factors, (b) early life risk factors (including exposure to childhood physical abuse, witnessing parental violence, parental closeness, and early onset DSM-IV disorders), and (c) adult risk factors (including experiencing the death of a child and episodes of DSM-IV disorders after age 20). Although prevalence rates of intimate partner violence are high among both genders, women are significantly more likely than men to report being victimized (29.3% vs. 20.9%). Rates of perpetrating violence are similar for women and men (25.2% and 26.5%, respectively). Men are more likely to report predictive factors for perpetration, whereas women are more likely to report predictors for victimization. Common risk factors among men and women reporting perpetration include exposure to childhood physical abuse, witnessing parental violence, and adult onset alcohol abuse/dependence. However, risk factors in male perpetrators are more likely to include cohabitation, low income, and early and adult-onset mood disorders, whereas risk factors in female perpetrators include low educational attainment and early onset alcohol abuse/dependence. The single common risk factor for male and female victims of partner violence is witnessing parental violence. Additional risk factors for male victims are low income and lack of closeness to a primary female caregiver, whereas additional risk factors for female victims are low educational attainment, childhood physical abuse, and adult onset alcohol abuse/dependence and intermittent explosive disorder. Intimate partner violence is a significant public health issue in South Africa, strongly linked to intergenerational cycling of violence and risk exposure across the life course. These findings indicate that gender differences in risk and common predictive factors, such as alcohol abuse and exposure to childhood violence, should inform the design of future violence-prevention programs and policies.     

The dual nature of local content in Angola's oil and gas industry: development vs. elite accumulation

After decades of underdevelopment and conflict in the face of massive resource wealth, Angola is putting in place new strategies to dramatically increase its participation in its oil & gas and related services sectors. Although ‘local content’, or ‘Angolanização’, has been in place for decades, it has largely failed to increase the developmental benefits accruing from the country's resource wealth. The new local content push is likely to succeed at promoting economic growth. However, the policies have also become important mechanisms for unequal growth and new forms of elite accumulation. This paper reviews the historical context, legal framework, and current impact of local content in order to emphasise their dual role in creating development while concentrating elite power in Angola.