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    PublicationAccess status: Open Access ,
    Copyright law
    Contents Editorial Research Articles Formats as Media of Cooperation / Axel Volmar Thematic Focus: Copyright Law Editorial: The Reference as Part of the Art Form. A Turning Point in Copyright Law? / Dagmar Hoffmann, Nadine Klass The Concept of “Pastiche” in Directive 2001/29/EC in the Light of the German Case Metall auf Metall / Frédéric Döhl Transformative Works and German Copyright Law as Matters of Boundary Work / Kamila Kempfert, Wolfgang Reißmann Negotiating Legal Knowledge, Community Values, and Entrepreneurship in Fan Cultural Production / Sophie G. Einwächter Referencing in Academia: Video Essay, Mashup, Copyright / Eckart Voigts, Katerina Marshfield Re-Use under US Copyright Law: Fair Use as a Best Practice or Just a Myth of Balance in Copyright? / Sibel Kocatepe Reports Grounded Design in a Value Sensitive Context / Volker Wulf in conversation with Batya Friedman
    Source Type:
    Journal:
    Volume number:
      412  2229
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    PublicationAccess status: Open Access ,
    Editorial: The reference as part of the art form.
    On 31 May 2016, the Federal Constitutional Court of Germany ruled that specific forms of sampling may fall under the constitutionally protected freedom of art and takes precedence over the property interests of the rights holders (so-called sampling judgement, 1 BvR 1585/13 – “Metall auf Metall” (metal on metal)). The lawsuit concerned a two-second sample from the Kraftwerk song “Metall auf Metall” that had been used by producer Moses Pelham without permission for a Hip-Hop song performed by Sabrina Setlur. Over 19 years, the lawsuit passed through the entire German court hierarchy before recently being taken to the European level. In Germany, this ruling has revived the copyright debate on remixes and similarly transformative media practices within digital media environments. Those copyright related questions were addressed during an interdisciplinary symposium at the University of Siegen in May 2017. Experts from different fields of research presented their investigations and theoretical considerations. The symposium was based on two pillars: approaches from music, culture, and media studies on the one hand, and legal perspectives and evaluations on the other. The papers included in the thematic focus of this issue document selected outcomes of the symposium.
    Source Type:
    Journal:
    Volume number:
      270  124
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    PublicationAccess status: Open Access ,
    Sensorische Praktiken im Smart Home. Erkenntnisse und methodische Reflexion einer interdisziplinären Pilotstudie
    The working paper presents, as a proof of concept, initial findings from an interdisciplinary pilot study that employs methods from sociological and linguistic media research to investigate how everyday household practices are represented and transformed through smart, sensor-based media technologies, which can be observed as multimodal interactions. Within the framework of the project “B06 – Un-/Desired Observation in Interaction: Smart Environments, Language, Body, and Senses in Private Households” in the Collaborative Research Center “Media of Cooperation”, the domestication of smart technologies is examined as a case of the cooperative production of media and data—both with and without consent (Star and Griesemer 1989).The focus of the presented pilot study is on human-machine cooperation, in which the more or less noticeable capture of behavioral and environmental data by sensors contributes to the semi-automated shaping of household ecologies and processes. We reconstruct and analyze forms of interaction and communication with interfaces of these modern technologies, as well as the sensory orientations and bodily practices of users. Furthermore, we examine the spatial and material arrangements that are essential for the social and communicative organization, as well as the purposiveness and goal-directedness of socio-technical actions involving these devices. We present exploratory media-sociological and media-linguistic analyses of a living environment equipped with smart devices, exemplified by two specific devices: an Amazon Echo Show (10th gen.), a ‘rotating’ smart speaker with a voice user interface, camera, display, video/touch screen, and camera-based motion detection, and a smart, internet-connected air fryer. The study demonstrates that users are embedded in human-machine interaction through their human sensorium—both socio-cognitively and physically—and are challenged in situ to make various decisions.
    Source Type:
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    Volume number:
      82  145