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Zahr Said - One of the best experts on this subject based on the ideXlab platform.
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a Transactional Theory of the reader in copyright law
Social Science Research Network, 2017Co-Authors: Zahr SaidAbstract:Copyright doctrine requires judges and juries to engage in some form of experiencing or “reading” artistic works to determine whether these works have been infringed. Despite the central role that this reading — or viewing, or listening — plays in copyright disputes, copyright law lacks a robust Theory of reading, and of the proper role for the “reader.” Reading matters in copyright cases, first, because many courts rely on the “ordinary observer” standard to determine infringement, which requires figuring out or assuming how an ordinary observer would read the works at issue. Second, most courts characterize a key part of infringement analysis as a matter for the jury, largely on the basis of the jury’s ability to apply the ordinary observer standard. But the ordinary observer concept has not received much attention as a feature — really, a bug — in copyright law. The ordinary observer standard is unclear both in Theory and in practice, and it misaligns with how jurors (or judges, or ordinary people) actually experience works of art. As a result of persistent confusion about the role of the ordinary observer, many cases produce outcomes that distort copyright doctrine and create unfairness for litigants. This Article demonstrates the need in copyright law for a better understanding of how readers read works of art, and it proposes a Theory of reading from the humanities. Louise Rosenblatt’s Theory of Transactional reading helps diagnose copyright law’s reading problem and offers support for several concrete prescriptions. Instead of assuming that reading is a one-size-fits-all process, a Transactional Theory suggests that reading depends on why one reads and who does the reading. A less simplistic, more dynamic, and phenomenologically informed model of reading could help reshape the ordinary observer standard. This Article proposes that copyright adopt four changes: (1) more work should be done by judges as a matter of law, thus narrowing the role of the jury in determining infringement; (2) expert evidence ought to play a greater role in copyright litigation; (3) the jury should be instructed to do a more informed kind of reading when it evaluates works of art for infringement; and (4) courts should explore the use of special verdicts to render jury deliberation more transparent. These changes will mitigate the problems of the ordinary observer standard, while capturing its strengths.
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a Transactional Theory of the reader in copyright law
Iowa Law Review, 2017Co-Authors: Zahr SaidAbstract:I. INTRODUCTION"Ultimately, the Blurred Lines case isn't so much about the scope of copyright protection . . . It's about the strange, unpredictable entity that is the American jury doing whatever it is an American jury does while we're not looking."-Keith Harris, music critic1In 2015, a highly publicized copyright infringement lawsuit over the allegedly infringing song, Blurred Lines, led a jury to award the heirs of Marvin Gaye's estate $7.3 million in damages.2 The case was noteworthy because of the notoriety of the song, the large amounts of money at stake, and the celebrity litigants. Yet for copyright law, it also represented a problematic allocation of authority to jurors on questions they were ill-suited to resolve, and poorly instructed to answer.3 First, the court allowed jurors to compare the works of Gaye and the Williams-Thicke team without clearly delineating what was copyrighted (Gaye's composition only) as against the many elements that were not copyrighted in this case (Gaye's falsetto, and any other performance embellishments not present in the sheet music) or that could not be copyrighted (all the musical ideas, or stock elements common to soul or funk as a genre more generally).4 This is a problem of miscalibrating the scope of copyright protection and overprotecting things which the defendant did not, or could never protect through copyright law, and the court properly acknowledged this error on appeal.5 Second, the court instructed jurors using 43 complex, unclear, and arguably incorrect instructions that further contributed to the doctrinal muddle.6 Indeed, the case probably presented questions more appropriate for a judge than a jury, and it may have been reversible error to send it to the jury in the first place.7Though this case was exceptional in the sense of the fame and money involved, it was all too representative of copyright's inconsistent operation with respect to juries. Most copyright cases do not wind up in jury deliberation, perhaps partly because of the problem of presenting juries with specialized legal questions they are ill-equipped to answer.8 Yet those cases that do wind up in jury deliberation display common problems in their assumptions about what jurors can do, as this Article will argue below. By ignoring the realities of how people actually engage with art, courts overestimate what jurors can do, and underestimate their need for guidance on both law and how to engage with art. Consequently, courts withhold the guidance juries need and mistake the proper limits of juror decision-making.Copyright doctrine requires judges and juries to apply legal doctrines to works of art to decide whether works have been infringed. These arbiters therefore must engage in some form of experiencing or "reading" the works. However, despite the central role this reading-or viewing and listening- plays in copyright disputes, copyright law lacks a robust Theory of the act of reading, and of the proper role for the "reader." In this sense, copyright cases seem to rely on naive intuitions about reading. Yet copyright cases require a particular kind of reading that can be better understood by understanding general theories of reading better.It has been said that we do not read the newspaper, but rather step into it like a hot bath.9 Notwithstanding the homespun idea that reading is a comforting, easy, perhaps passive activity, psychologists and scholars of literature who spend time developing models for how humans read point to the complex social, biological, and emotional dimensions of reading. As an activity, it is highly complex, and composed of many active steps readers may take for granted or forget about entirely once they have become adept at it. It unfolds through time and evolves; it is, in the words of one scholar, "more like playing a game of tennis than solving a math problem, in that reading and playing can be assessed differently at different points in time. …
Louise M Rosenblatt - One of the best experts on this subject based on the ideXlab platform.
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the Transactional Theory of reading and writing
2018Co-Authors: Louise M RosenblattAbstract:Recognizing the essential nature of reader and text, the Transactional Theory requires an underlying metaphor of organic activity and reciprocity. This chapter discusses the reading process first, then the writing process. It presents the problems of communication and validity of interpretation before considering implications for teaching and research. The chapter suggests some general considerations concerning research topics and theoretical and methodological pitfalls. The Transactional model of reading, writing, and teaching that has been presented constitutes, in a sense, a body of hypotheses to be investigated. The Transactional concept has profound implications for understanding language. Traditionally, language has been viewed as primarily a self-contained system or code, a set of arbitrary rules and conventions that is manipulated as a tool by speakers and writers or imprints itself on the minds of listeners and readers. The concepts of transaction, the Transactional nature of language, and selective attention now can be applied to analysis of the reading process.
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the Transactional Theory against dualisms
College English, 1993Co-Authors: Louise M RosenblattAbstract:hen asked to give my personal reactions to developments in Theory in the past decade, I was struck by the fact that the essay was for a book concerned explicitly with both writing Theory and critical Theory. In the decades after first expounding my literary Theory in 1938, I received dozens of invitations to speak or write, usually about literature, sometimes about composition-but I had to wait forty-five years to be invited to discuss their "connections"! The 80s decade made up for this and other delays. In 1980, the widely-read anthology Reader Response Criticism: From Formalism to Poststructuralism called me "the first among the present generation of critics in this country" to set forth the readerresponse view (Tompkins xxvi). In 1983, the Modern Language Association published the fourth edition of Literature as Exploration. In that same year, I was asked to present a paper on "Writing and Reading" at a session of the MLA Division on the Teaching of Composition. In 1985, I was invited to give the keynote talk on "Writing and Reading" at the CCCC national conference. (In earlier decades, I had been a member of its Executive Committee.) In 1986, I was asked to give the opening theoretical paper at the conference on "Reading and Writing Connections" jointly sponsored by the Center for the Study of Reading at the University of Illinois and the Center for the Study of Writing at the University of California at Berkeley. Versions of this paper, entitled "Writing and Reading: the Transactional Theory," were published as technical reports by each of the Centers. It was included in the volume of conference papers, Reading and Writing Connections, published in 1989. The continuing interest in this subject seemed to me a sign of a changing climate in university departments of English. To discuss the developments in writing Theory and critical Theory in the 80s, I find I must sketch the decades-long perspective from which I view them. I began
Jaime A Yanez - One of the best experts on this subject based on the ideXlab platform.
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hospitality workers covid 19 risk perception and depression a contingent model based on Transactional Theory of stress model
International Journal of Hospitality Management, 2021Co-Authors: Jiaqi Yan, Sunghoon Kim, Stephen X Zhang, Mawder Foo, Aldo Alvarezrisco, Shyla Delaguilaarcentales, Jaime A YanezAbstract:Abstract The hospitality industry worldwide is suffering under the COVID-19 pandemic. Drawing on the Transactional Theory of stress and coping, this study aims to investigate when hospitality workers’ COVID-19 risk perception affects their likelihood of having depressive symptoms. Using data from 211 hospitality workers in 76 hotels in Peru, we examined the effects of perceived COVID-19 risk on the likelihood of experiencing depressive symptoms. We posited that this relationship is moderated by the workers’ environment at work (job satisfaction) and at home (the number of children). The results indicate that job satisfaction weakens the link between hospitality workers’ COVID-19 risk perception and their likelihood of depressive symptoms while the number of children exacerbates this link. We discuss the implications of our findings for research on COVID-19 risk perception and offer practical implications for hospitality workers under COVID-19 crisis.
Jiaqi Yan - One of the best experts on this subject based on the ideXlab platform.
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hospitality workers covid 19 risk perception and depression a contingent model based on Transactional Theory of stress model
International Journal of Hospitality Management, 2021Co-Authors: Jiaqi Yan, Sunghoon Kim, Stephen X Zhang, Mawder Foo, Aldo Alvarezrisco, Shyla Delaguilaarcentales, Jaime A YanezAbstract:Abstract The hospitality industry worldwide is suffering under the COVID-19 pandemic. Drawing on the Transactional Theory of stress and coping, this study aims to investigate when hospitality workers’ COVID-19 risk perception affects their likelihood of having depressive symptoms. Using data from 211 hospitality workers in 76 hotels in Peru, we examined the effects of perceived COVID-19 risk on the likelihood of experiencing depressive symptoms. We posited that this relationship is moderated by the workers’ environment at work (job satisfaction) and at home (the number of children). The results indicate that job satisfaction weakens the link between hospitality workers’ COVID-19 risk perception and their likelihood of depressive symptoms while the number of children exacerbates this link. We discuss the implications of our findings for research on COVID-19 risk perception and offer practical implications for hospitality workers under COVID-19 crisis.
Tasneem Fatima - One of the best experts on this subject based on the ideXlab platform.
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how workplace ostracism influences interpersonal deviance the mediating role of defensive silence and emotional exhaustion
Journal of Business and Psychology, 2018Co-Authors: Sadia Jahanzeb, Tasneem FatimaAbstract:This study investigated the mediating effects of defensive silence and emotional exhaustion between ostracism and interpersonal deviance, explained through Transactional Theory of stress and coping. Time-lagged and multi-source data was collected at two measurement points from 320 employees, working in service sector organizations of Pakistan. Employees appraise ostracism as an uncontrollable interpersonal stressor that threatens their relational and efficacy needs. They try to deal with this threat through an avoidant coping approach and resort to interpersonal deviance, via a cognitive path and an emotional route, namely defensive silence and emotional exhaustion. Our results show that workplace ostracism, defensive silence, and emotional exhaustion contribute to the prevalence of interpersonal deviance, and offer several direct as well as indirect options. One path involves actions that discourage ostracism through various human resource functions. Another step pertains to defensive silence which could be put off by a suggestion system that offers psychological safety to employees. The last measure relates to emotional exhaustion, prevented by emotional mentoring and employee assistance plans. The present study explains the underlying cognitive and emotional mechanisms between ostracism and interpersonal deviance. It extends research on defensive silence to demonstrate its theoretical as well as empirical effect on interpersonal deviance. It further explains how employees use interpersonal deviance, to reduce the negative effect of ostracism. Lastly, it describes ostracism and deviance in the context of collectivist culture of Pakistan, which underscores close interpersonal relationships.
