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Record W3132968806 · doi:10.1017/9781107338012.008

Fair Dealing’s Failures?

2020· book-chapter· en· W3132968806 on OpenAlexaboutno aff
Emily Hudson

Bibliographic record

VenueCambridge University Press eBooks · 2020
Typebook-chapter
Languageen
FieldBusiness, Management and Accounting
TopicCopyright and Intellectual Property
Canadian institutionsnot available
Fundersnot available
KeywordsFair useFair dealingStatutory lawCopyright ActStatuteCriticismNewspaperLawSection (typography)Political scienceLaw and economicsIntellectual propertyCopyright lawBusinessSociologyAdvertisingGood faith

Abstract

fetched live from OpenAlex

The previous chapter discussed Australia’s experiment with homegrown ‘flexible’ drafting in section 200AB. But Australia, like other countries whose copyright laws derive from the Imperial Copyright Act 1911, also recognises fair dealing exceptions. In its original statutory form in the 1911 Act, the relevant text stated that there was no infringement by any ‘fair dealing with any work for the purposes of private study, research, criticism, review, or newspaper summary’. In the intervening years, fair dealing provisions have become more complex. In Australia, Canada and the United Kingdom, for example, they are longer, split across multiple provisions in the copyright statute and are more particularised. That said, the central requirement of fairness is suggestive of a standard, and this open-ended concept, combined with the introduction of new fair dealing purposes, raises the question of how much day-to-day fair dealing practices overlap with fair use activity in the United States.

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.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.044
metaresearch head score (Gemma)0.062
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Other · Consensus signal: Other
Teacher disagreement score0.044
Threshold uncertainty score0.230

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0440.062
Meta-epidemiology (narrow)0.0010.001
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0010.002
Science and technology studies0.0110.063
Scholarly communication0.0160.043
Open science0.0040.013
Research integrity0.0100.023
Insufficient payload (model declined to judge)0.0240.004

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 head0.034
GPT teacher head0.176
Teacher spread0.143 · 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

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designNot applicable
Domainnot available
GenreOther

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

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Citations0
Published2020
Admission routes1
Has abstractyes

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Same venueCambridge University Press eBooksSame topicCopyright and Intellectual PropertyFrench-language works237,207