MétaCan
Menu
Back to cohort
Record W3196799882 · doi:10.1590/2317-6172202123

A Framework for a Capabilities-Based Approach to Copyright

2021· article· en· W3196799882 on OpenAlexaff
Megha Jandhyala

Bibliographic record

VenueRevista Direito GV · 2021
Typearticle
Languageen
FieldBusiness, Management and Accounting
TopicCopyright and Intellectual Property
Canadian institutionsUniversity of Toronto
Fundersnot available
KeywordsScholarshipCapability approachCopyright lawHuman development (humanity)Perspective (graphical)Law and economicsThrough-the-lens meteringSociologyHuman rightsIndigenousEconomicsIntellectual propertyPolitical sciencePositive economicsLawComputer scienceLens (geology)

Abstract

fetched live from OpenAlex

Abstract This article highlights the importance of an analysis of copyright law from a human development perspective. Drawing on Amartya Sen and Martha Nussbaum’s Capabilities Approach, it outlines why copyright scholarship and policymaking should address human capabilities. It also explores several vital questions that a human development approach to copyright raises, including questions about the distributional effects of copyright law. It examines Mary Sue fan fiction through the lens of the Capabilities Approach to illustrate how the approach differs from the standard utilitarian approach to copyright. Furthermore, it argues that several factors associated with a country’s level of development, particularly its social, economic, and institutional contexts, affect the relationship between copyright and human capabilities. Therefore, rather than making broad generalizations about whether or not copyright law is good or bad for human development, it concludes that aspects of copyright law can enhance human development in the presence of certain other factors (such as strong indigenous industries and institutions). Conversely, aspects of copyright law can have a significant negative impact on human capabilities in certain environments, such as a weak institutional environment, or a socio-economic environment that is fraught with inequality. To illustrate this point, the article examines the issue of piracy through the lens of the Capabilities Approach.

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)0.006
metaresearch head score (Gemma)0.007
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.012
Threshold uncertainty score0.062

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0060.007
Meta-epidemiology (narrow)0.0010.000
Meta-epidemiology (broad)0.0000.001
Bibliometrics0.0060.003
Science and technology studies0.0040.033
Scholarly communication0.0100.013
Open science0.0020.006
Research integrity0.0040.004
Insufficient payload (model declined to judge)0.0120.001

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 head0.044
GPT teacher head0.264
Teacher spread0.220 · 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 designTheoretical or conceptual
Domainnot available
GenreEmpirical

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
Published2021
Admission routes1
Has abstractyes

Explore more

Same venueRevista Direito GVSame topicCopyright and Intellectual PropertyFrench-language works237,207