Transforming Fair Use Online: The Ninth Circuit's Productive-Use Analysis of Visual Search Engines

Courts have increasingly looked to the concept of “transformative use” to determine whether the use of a copyrighted work is protected under the fair use doctrine. Judge Pierre Leval's definition of transformative use, adopted by the Supreme Court of the United States in its 1994 opinion in Campbell v. Acuff-Rose Music, Inc., requires that a transformative use must (1) be socially beneficial, (2) be used in a different way or purpose from the original, and (3) add value to the original by using it as raw material to create something new. This article examines the fair use analysis undertaken by the United States Court of Appeals for the Ninth Circuit in two recent cases involving visual search engines and concludes that the court's test of transformative use ignored the language and the meaning of the Campbell definition and instead equated a finding of a different purpose with a finding of a transformative use. This departure from traditional transformative use analysis, if generally adopted by the court, would represent a significant and potentially troubling doctrinal shift in fair use analysis.     

Reducing the offending of a UK organized crime group using an opportunity-reducing framework—a three year case study

The proliferation and capability of organised crime groups (OCGs), threaten to overwhelm the finite resources of police agencies. Although proactive ‘intelligence led’ approaches are more adept in identifying the most problematic offenders, responses predominantly rely on enforcement tactics, often delivering limited outcomes at significant cost. This paper outlines a case study involving a northern English police force, working alongside community safety partners and the public, in a bid to reduce the offending opportunities of an OCG. The multi-agency disruption tactics were categorised using the five themes highlighted by Cornish and Clarke (Criminology 25:933–949, 1986) in their Rational Choice Theory framework. The impact of the operation was evaluated by comparing criminal conviction data and police intelligence immediately prior to the police operation with similar data 2 years later. This was supplemented by semi-structured interviews with police officers (including patrol, detective, middle and senior ranking officers), partner agencies and the community. The operation was effective in reducing the threat posed by the OCG and was popular with those involved in its implementation. As it was delivered with no increased resources it provides a viable and cost effective method of reducing the threat of OCGs although further research is required to test its impact in different police agencies and against different OCGs.     

The legal possibilities of Antwerp widows in the late sixteenth century

This article assesses the ability of widows and other women in Antwerp to act independently of men to defend their economic interests and those of their children. Consideration is given to both legal norms and actual practice in a number of different areas including writing wills, making marriage contracts, managing financial assets and pursuing claims and defending themselves in the civil courts. Analyses of these issues indicate that widows in Antwerp enjoyed in practice a greater degree of independence than was available to widows in many other parts of Europe, despite their weaker position in law.

Particular attention is given to the role in Antwerp of women merchants whose position freed them from male control and supervision. It is argued that their favored status did not derive from the desire of the authorities to protect the interests of their male relatives or to advance the economic interests of these women. Rather their legal freedom is seen as reflecting acknowledgement of the importance of their business activities and the wish to safeguard the interests of their customers who could pursue claims against the woman merchant in the event of a dispute.     

Underlying Dimensions of DSM-5 Posttraumatic Stress Disorder and Major Depressive Disorder Symptoms

This study examined the relationship between the underlying latent factors of major depression symptoms and DSM-5 posttraumatic stress disorder (PTSD) symptoms (American Psychiatric Association, 2013). A nonclinical sample of 266 participants with a trauma history participated in the study. Confirmatory factor analyses were conducted to evaluate the fit of the DSM-5 PTSD model and dysphoria model, as well as a depression model comprised of somatic and nonsomatic factors. The DSM-5 PTSD model demonstrated somewhat better fit over the dysphoria model. Wald tests indicated that PTSD’s negative alterations in cognitions and mood factor was more strongly related to depression’s nonsomatic factor than its somatic factor. This study furthers a nascent line of research examining the relationship between PTSD and depression factors in order to better understand the nature of the high comorbidity rates between the two disorders. Moreover, this study provides an initial analysis of the new DSM-5 diagnostic criteria for PTSD.     

Controlling Federal Agencies: The Contingent Impact of External Controls on Worker Discretion and Productivity

ABSTRACT

Previous scholarship has investigated why legislatures sometimes choose to delegate policy choice to executive agencies, but there is little research on the consequences of the choice to delegate or not. Using a multiple principal-agent framework, this paper provides empirical evidence regarding the impact of legislative delegation and agency discretion on the work of U.S. government employees. Findings suggest that delegation directly reduces employee discretion only in client service agencies; its direct effects on employee productivity are more evident but varied. Legislative delegation is also associated with more executive political appointees, whose presence reduces both employee discretion and productivity. Whether employees with more discretion are more productive than those with less depends on their commitment to the job: employees who like their work more than their pay use their discretion to enhance productivity, while employees who like their pay more than their work use their discretion to reduce productivity.     

Determinants of Financial Transparency in Government

ABSTRACT

The search for enhanced transparency and accountability in government organizations has inspired studies to identify the key factors that facilitate greater disclosure of public financial information. With the advantages provided by the meta-analysis technique, applied to a sample of studies, we identify the most significant factors and incentives underlying the decisions adopted by public managers on policy strategies regarding information transparency and public responsibility. Our study shows the variables analyzed to be positively associated with the disclosure of public financial information, but also that this depends on the context in which the research is carried out. The most influential variables were the moderator variables of the administrative culture and of the measurement unit for the variables.     

Emerging and Submerging Powers: Imagined Geographies in the New Development Partnership at the Busan Fourth High Level Forum

The geopolitics of development is in a state of uncertainty and transition that the Busan High Level Forum both mirrored and contributed to. Busan established a new discourse of international development cooperation in which the old donor-recipient relationship is replaced by an equator-less landscape of a multi-stakeholder global partnership. But by analysing the Busan preparations and conference through textual analysis and participant observation we found it to be a fractured landscape of variable imagined geographies, suggesting that the question of who is ‘North’ and who is ‘South’ will continue to shape global negotiations on the future of development cooperation.     

Three ‘Rs’ of Econometrics: Repetition,Reproduction and Replication

Development economics has become increasingly quantified in recent years, reflecting the aspirations of economists to practise hard science. We argue that standard applied econometric methodology lacks one key feature of the claim of science to be scientific, namely replication as part of independent confirmation of findings. Replication plays a large role in understanding the confidence we can place in the quantitative studies on which much policy advice rests, which is particularly salient in a UK context given the emphasis placed on evidence-based policy-making by the UK Department for International Development.     

Ethnicity and the politics of heritage in Uzbekistan

The UNESCO office in Uzbekistan has been relatively successful in nominating cultural practices to The Representative List of the Intangible Cultural Heritage of Humanity. Selection for the List conveys prestige and draws international attention to local culture that is deemed of universal value. What is striking about the first successful nominations from Uzbekistan is that they point to the inseparability of Tajik and Uzbek culture, a touchy subject for both Uzbekistan and Tajikistan. In this article the author looks at how the politics of ethnic cultural heritage play out through these projects, highlighting the tensions between a rhetoric of diversity promoted both by UNESCO and by the official national ideology, and practices that demonstrate a more mundane, ethnically exclusive sense of national culture. Although ostensibly celebrating the rich diversity of Uzbekistan's national culture and eschewing the strict delineation of Tajik culture from Uzbek culture, the effect of UNESCO Intangible Cultural Heritage programmes is to perpetuate the occlusion of Tajik culture in Uzbekistan.     

The genetic and environmental overlap between aggressive and non-aggressive antisocial behavior in children and adolescents using the self-report delinquency interview (SR-DI)

Purpose

This study investigated genetic and environmental commonalities and differences between aggressive and non-aggressive antisocial behavior (ASB) in male and female child and adolescent twins, based on a newly developed self-report questionnaire with good reliability and external validity -- the Self-Report Delinquency Interview (SR-DI).

Methods

Subjects were 780 pairs of twins assessed through laboratory interviews at three time points in a longitudinal study, during which the twins were: (1) ages 9-10 years; (2) age 11-13 years, and (3) age 16-18 years.

Results

Sex differences were repeatedly observed for mean levels of ASB. In addition, diverse change patterns of genetic and environmental emerged, as a function of sex and form of ASB, during the development from childhood to adolescence. Although there was some overlap in etiologies of aggressive and non-aggressive ASB, predominantly in shared environmental factors, their genetic overlap was moderate and the non-shared environmental overlap was low.

Conclusions

Taken together, these results reinforced the importance of differentiating forms of ASB and further investigating sex differences in future research. These results should be considered in future comparisons between youth self-report and parental or teacher report of child and adolescent behavior, and may help elucidate commonalities and differences among informants.