Non-display uses of digital works: Google Books and beyond

With the advent of mass digitization projects, such as the Google Book Search, a peculiar shift has occurred in the way that copyright works are dealt with. Contrary to what has so far been the case, works are turned into machine-readable data to be automatically processed for various purposes without the expression of works being displayed to the public. In the Google Book Settlement Agreement, this new kind of usage is referred to as ‘non-display uses’ of digital works. The legitimacy of these uses has not yet been tested by Courts and does not comfortably fit in the current copyright doctrine, plainly because the works are not used as works but as something else, namely as data. Since non-display uses may prove to be a very lucrative market in the near future, with the potential to affect the way people use copyright works, we examine non-display uses under the prism of copyright principles to determine the boundaries of their legitimacy. Through this examination, we provide a categorization of the activities carried out under the heading of ‘non-display uses’, we examine their lawfulness under the current copyright doctrine and approach the phenomenon from the spectrum of data protection law that could apply, by analogy, to the use of copyright works as processable data.

Are gay rights Islamophobic? A critique of some uses of the concept of homonationalism in activism and academia

The concept of ‘homonationalism’ refers to deployments of gay rights for racist and Islamophobic ends, resulting in the consolidation of more sexually inclusive, but racially exclusionary, ideas of citizenship. This article critiques some of the analyses that the concept has inspired in both activist and academic contexts. The critique concentrates on two texts, showing that they make inappropriate rhetorical moves and inaccurate or unsubstantiated claims, and that rather than unearthing structural undercurrents of racism from certain texts or events, they project such structures onto them. While the validity of ‘homonationalism’ as an analytical category is not disputed, some of its propounders assume its explanatory power to be greater than it appears to be. The implications of this critique for gay rights activism and reform are explored.

Aesthetical and narrative uses of the trench in the Hollywood cinema of 1918-1930

Throughout history of painting, the representation of landscape has been considered a laboratory for the human gaze on the world. The First World War and its new approach to the battlefield altered deeply the classical forms of representation, and replaced them with a mechanised and fragmentary vision, which was related with the development of photography and cinema. As Vicente J. Benet has analysed, Hollywod cinema used these deep changes in its filmic versions of the conflict, although it organised them following a narrative logic. In this text we intend to study how the battlefield and, particularly, the trench, are inserted in this logic of the history of landscape painting. We do so through some Hollywood films from the period 1918-1930. Firstly, we approach the trench as a composition value which can structure the image and guide the camera movement. In the second place, we study how it creates a dialog between its inside, melodrama scenery, and the outside, battlefield and danger. In both cases, we conclude that the trench as a form and as a narrative element plays a structuring and integrative role with the storytelling logic.