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Record W3120579557

Just Laugh it Off: Trademark Parody and the Expansion of User Rights

2017· article· en· W3120579557 on OpenAlex
Sebastian Beck-Watt

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

affAt least one author lists a Canadian institution in the pinned OpenAlex snapshot.
aboutThe title or abstract carries a Canadian signal from the geographic lexicon.

Bibliographic record

VenueSSRN Electronic Journal · 2017
Typearticle
Languageen
FieldSocial Sciences
TopicIntellectual Property Law
Canadian institutionsMultiple Sclerosis Society of Canada
Fundersnot available
KeywordsTrademarkFair usePublic domainIntellectual propertyLegislationLaw and economicsPublic interestBusinessProperty rightsLimitingFundamental rightsPolitical scienceHuman rightsLawInternet privacyEconomicsEngineeringComputer science
DOInot available

Abstract

fetched live from OpenAlex

This article proposes the expansion of user rights to trademark law in Canada with reference to other jurisdictions’ approach to the parody of trademarks. Fair dealing user rights in copyright cover a range of allowable purposes under the Copyright Act. The case of parody is perhaps the clearest way to illustrate the need for expanded intellectual property user rights for trademarks. Trademark parody demonstrates how recognizing specific rights for users of trademarks would assist in delineating the limits of owners’ rights and in limiting encroachment on freedom of expression, and would take greater account of the broader public interest beyond just the “consumer shortcut” role of a mark. The extension of user rights into this domain would encourage further balance between the public interest and public domain and the protection of creators’ and owners’ rights. This article seeks to consider parody as fair dealing or fair use, review the current legal framework in Canada and abroad, understand the rationale for extension of these rights, and propose appropriate changes to the current trademarks regime, including potential amendments to the legislation.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.004
metaresearch head score (Gemma)0.001
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesScience and technology studies
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.272
Threshold uncertainty score0.999

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0040.001
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0030.001
Scholarly communication0.0000.000
Open science0.0010.000
Research integrity0.0000.001
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.027
GPT teacher head0.299
Teacher spread0.272 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it