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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 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)0.000
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesMeta-epidemiology (narrow), Insufficient payload (model declined to judge)
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Other · Consensus signal: Other
Teacher disagreement score0.532
Threshold uncertainty score1.000

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0000.000
Meta-epidemiology (narrow)0.0010.001
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0000.000
Open science0.0010.001
Research integrity0.0000.001
Insufficient payload (model declined to judge)0.0000.001

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 teacher head, not a consensus.

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".

Quick stats

Citations0
Published2020
Admission routes1
Has abstractyes

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