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- Creators: Arizona State University
- Creators: Moore, James
- Member of: Theses and Dissertations
- Status: Published
Description
The purpose of this study is to explore the shifting cultural norms of copyright law, and that concept’s impact on the performance and practice of artists producing original works of authorship. Although related concepts predate it, and today it exists as a subset of a broader category known as intellectual property, the purpose of copyright beginning with the United States Constitution was to allow for a temporary economic monopoly to an author of a fixed creative work. This monopoly was meant to incentivize authors to contribute to the public good with works that promote progress in science and art. However, increases over time in the scope and duration of copyright terms grant broader protections and controls for copyright owners today, while advances in technology have provided the public with the potential for near-limitless low-cost access to information. This creates a conflict between proprietary interest in creative works and the public’s right and ability to access and build on those works. The history of copyright law in America is rife with efforts to balance these competing interests.
The methodology for this study consisted of flexible strategies for collecting and analyzing data, primarily elite, semi-structured interviews with professional artists, attorneys, and others who engage with the cultural and legal norms of intellectual property regimes on a regular basis. Constant comparative analysis was used to maintain an emic perspective, prioritizing the subjective experience of individuals interviewed for this research project. Additional methods for qualitative analysis were also employed here to code and categorize gathered data, including the use of RQDA, a software package for Qualitative Data Analysis that runs within the R statistical software program. Various patterns and behaviors relevant to intellectual property reforms as they relate to artist practices were discussed in detail following the analysis of findings, in an effort to describe how cultural norms of copyright intersect with the creation of original works of authorship, and towards the development of the theory that the semiotic sign systems subject to intellectual property laws are not themselves forms of real property, as they do not meet the categorical requirements of scarce resources.
The methodology for this study consisted of flexible strategies for collecting and analyzing data, primarily elite, semi-structured interviews with professional artists, attorneys, and others who engage with the cultural and legal norms of intellectual property regimes on a regular basis. Constant comparative analysis was used to maintain an emic perspective, prioritizing the subjective experience of individuals interviewed for this research project. Additional methods for qualitative analysis were also employed here to code and categorize gathered data, including the use of RQDA, a software package for Qualitative Data Analysis that runs within the R statistical software program. Various patterns and behaviors relevant to intellectual property reforms as they relate to artist practices were discussed in detail following the analysis of findings, in an effort to describe how cultural norms of copyright intersect with the creation of original works of authorship, and towards the development of the theory that the semiotic sign systems subject to intellectual property laws are not themselves forms of real property, as they do not meet the categorical requirements of scarce resources.
ContributorsBillingsley, Evan (Author) / Russomanno, Joseph (Thesis advisor) / Anderson, Douglas (Committee member) / de la Garza, Amira (Committee member) / Thornton, Leslie-Jean (Committee member) / Arizona State University (Publisher)
Created2018
Description
E-commerce has rapidly become a mainstay in today's economy, and many websites have built themselves around providing a platform for independent sellers. Sites such as Etsy, Storenvy, Redbubble, and Society6 are increasingly popular options for anyone looking to open their own online store. With this project, I attempted to examine the effects of four different marketing techniques on sales in an online store. I opened a shop on Etsy and tracked sales in connection with promotion through social media, selling products in-person at a convention, holding a holiday tie-in sale, and using price anchoring. Social media accounts were opened on Facebook, Tumblr, and Instagram to promote the shop over the course of the project period, and Etsy's web analytics were used to track which sites directed the most traffic to the shop. I attended a convention in mid-January 2016 where I sold my products and distributed business cards with a discount code to track sales resulting from being at the convention. A holiday sale was held in conjunction with Valentine's Day to look at whether holidays influenced purchases. Lastly, a significantly more expensive product was temporarily put in the shop to see whether it produced a price anchoring effect \u2014 that is, encouraged sales of the less expensive products by making them seem affordable in comparison. While the volume of sales data was too small to draw statistically significant conclusions, the project was a highly instructive experience in the process of opening a small online store. The decision-making steps outlined may be helpful to other students looking to open their own online shop.
ContributorsChen, Candice Elizabeth (Author) / Moore, James (Thesis director) / Sanford, Adriana (Committee member) / Harrington Bioengineering Program (Contributor) / Barrett, The Honors College (Contributor)
Created2016-05
Description
Technological advancements have provided ease and accessibility for musicians to produce, publish, and share music worldwide. However, contradictory court rulings in determining what is protected under copyright law have developed an environment where top-of-the-chart and up-and-coming artists fear their records will be liable for copyright infringement. Throughout the twelve circuit courts in the United States, various legal tests are applied to copyright infringement cases. Most courts use two specific legal tests; the Second and Ninth Circuit court tests. This thesis analyzes how copyright law is applied to music, focusing on the ambiguous legal tests of the Second and Ninth Circuit Courts. This analysis aims to outline the flaws in the current legal tests and establish a new legal test dedicated to providing structure and uniformity to copyright law and music.
ContributorsSidi, Joshua (Author) / Koretz, Lora (Thesis director) / Moore, James (Committee member) / Barrett, The Honors College (Contributor) / Dean, W.P. Carey School of Business (Contributor)
Created2022-05
Description
The following thesis document entitled, "A 'Reasonable Reader of Poetry's' Briefed Introduction: A Sam Harris Application on the Lack of Authorship in Poetry and Poems" explores the concept of writing itself applied to the world of poetry. This document uses Sam Harris' critique and redefinition of free will as an illusion applied to authorship and the concept of self within poetry. This thesis upholds Sam Harris' application of the illusion of free will against and within conventions of experimental poetry to do with the persona poem, deviated syntax, memory, Confessionalist poetry, and so on. The document pulls in examples from Modernist poetry, Confessionalist poetry, prose poetry, contemporary poetry, L=A=N=G=U=A=G=E poetry, and experimental poetry. This thesis ends with the conclusion that further research needs to be done with regard to how this lack of authorship applies to copyright law within the poetry field.
ContributorsBoca, Ana (Author) / Hummer, Terry (Thesis advisor) / Dubie, Norman (Committee member) / Savard, Jeannine (Committee member) / Arizona State University (Publisher)
Created2015