What’s the Problem? Precarious Youth: Marginalisation, Criminalisation and Racialisation.

Since the nineteenth century invention of adolescence, young people have been consistently identified as social problems in western societies. Their contemporary status as a focus of fear and anxiety is, in that sense, nothing new. In this paper, I try to combine this sense of historical recurrence about the youth problem with some questions about what is different about the present – asking what is distinctive about the shape of the youth problem now? This is a difficult balance to strike, and what I have to say will probably lean more towards an emphasis on the historical conditions and routes of the youth problem. That balance reflects my own orientations and knowledge (I am not expert on the contemporary conditions of being young). But it also arises from my belief that much contemporary social science is profoundly forgetful. An enthusiasm for stressing the newness, or novelty, of the present connects many varieties of contemporary scholarship. One result is the construction of what Janet Fink and I have referred to as ‘sociological time’ in which

Unsticking the centre-piece – the liberation of European copyright law?

Following European legislative initiatives in the field of copyright limitations and exceptions, policy flexibilities formerly available to mem- ber states has been greatly diminished. The law in this area is increasingly incapable of accommodating any expansion in the scope of freely permitted acts, even where such expansion may be an appropriate response to changes in social and technological conditions. In this article, the causes of this problem are briefly canvassed and a number of potential solutions are noted. It is suggested that one such solution – the adoption of an open, factor-based model similar to s 107 of the United States’ Copyright Act – has not received the serious attention it deserves. The fair use paradigm has generally been dismissed as excessively unpredictable, contrary to international law and/or culturally alien. Drawing on recent fair use scholarship, it is argued here that these disadvantages are over-stated and that the potential for the development of a European fair use model merits investigation.

Das Verhältnis zwischen Urheberrecht und Wissenschaft: Auf die Perspektive kommt es an!

Since the advent of digital network technologies, copyright has become a highly contentious political matter. This is also true in the area of scientific works and the scholarly communication system in general. However, whether the relationship between copyright and scholarship is considered problematic and which, if any, alternative approaches to the current system are preferred, depends upon the perspective. In that regard, the article distinguishes a copyright perspective from a perspective that takes as its starting point the philosophy and sociology of science. The article shows that only the latter, scientific perspective is capable of explaining and adequately regulating the current, fundamental change taking place in the scholarly communication system.