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1
Tilson, Koleta B. "Knowledge of and Response to Copyright Law, School Copyright Policy, and Copyright-related Issues: Survey of Secondary School Principals and Librarians." Digital Commons @ East Tennessee State University, 1990. https://dc.etsu.edu/etd/2810.
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The problem of this study was that, with the impact of new media and delivery systems, principals and librarians must respond to copyright issues in order to remain informed about the copyright law and the legal use of media. The purpose of this study was to gather and evaluate educator response to issues related to copyright. The study was conducted with a sample of regionally accredited secondary schools in the following states: Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, Texas, and Virginia. A total of 1008 questionnaires were mailed to the principal and the librarian of the 504 schools of the sample. The data of the study were provided by 546 (54%) questionnaires. The first twenty items of the questionnaire provided the variables used to organize, test, and report the data. The second part of the questionnaire was a multiple choice copyright test used to determine the copyright knowledge of the respondent. The t test was used to test the mean copyright test scores of educator groups for significant differences. Groups were defined by professional position, years of experience, involvement or no involvement in job related litigation, and law class or workshop participation since the enactment of the 1976 Copyright Law. Chi-square was used to test the frequencies of reported exposure to the 1976 Copyright Law between professional groups, experience groups, and law class or workshop participation groups. Seven null hypotheses were tested at the.05 level. The mean copyright test score of the librarian group was significantly higher than the mean score of the principal group. The mean test score of the law class participation group was significantly higher than the mean test score of the non-participation group. Responses of exposure to the 1976 Copyright Law provided a five category hierarchy. There was no significant difference in the exposure reported by the principal and librarian groups. The difference of exposure reported by the law class participation group and the non-participation group was significant. Fourteen research questions, which comprised the periphery of the study, were reported. The findings of the study provided the basis for the conclusions and recommendations.
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Ibarrondo, Cruz Daniel. "Descriptive Study on Digital Content Copyright Ownership." Thesis, Pepperdine University, 2018. http://pqdtopen.proquest.com/#viewpdf?dispub=10747405.
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The purpose of this dissertation was to study perceptions of faculty and administrators at institutions of higher education on copyright ownership of faculty-created digital course content. The central question for this study was: Who had copyright ownership rights of faculty-created digital content and in what manner was copyright ownership developed, implemented, and asserted at institutions of higher education. The five research questions were: (a) How were copyright ownership policies of faculty-created digital content developed and implemented at institutions of higher education?; (b) How were faculty involved in the development of copyright ownership agreements?; (c) What institutional policy and contractual documents contained specific language on copyright ownership rights of faculty-created digital content?; (d) How were institutional assertions of copyright ownership of faculty-created digital content allocated and managed?; (e) How were copyright ownership issues of faculty-created digital content resolved? A descriptive study approach was used to study administrator and faculty perceptions on copyright ownership at five institution types within the State of Texas and the Commonwealth of Puerto Rico. A total of 100 random faculty and administrator participants were sent the online survey link via e-mail. The online survey included closed-ended and open-ended questions. Descriptive statistics were used to analyze the results from the closed-ended and open- ended questions. In summary, the findings showed that within the participating respondent groups: (a) Most faculty were not involved in the development of copyright ownership policies; (b) Institutions asserted copyright ownership through some institutional document/policy and not through contractual agreements; and, (c) Copyright ownership issues did not arise between the institution and faculty. With the portability of digital content, and the need to utilize and develop said content within the university setting, more faculty and administrators should be aware of, and be involved in copyright ownership policies. The field of study of copyright ownership in accordance to faculty and administrator digitally created content was limited, and more studies should be conducted with a larger population.
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Wang, Jia. "Copyright : rebalancing the public and private interests in the areas of education and research." Thesis, Stellenbosch : Stellenbosch University, 2013. http://hdl.handle.net/10019.1/85834.
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Thesis (LLD)--Stellenbosch University, 2013.The general public should have wide access to copyrighted materials for education and research. However, since the current copyright law system subtly favors copyright holders, it is time to re-evaluate copyright law to ensure it meets its original purpose of promoting the learning of the society. The research primarily focuses on how to broaden copyright limitations and exceptions for the public to access and use learning materials. Within the framework of the copyright law system, other mechanisms that allow users to access copyrighted materials at a reasonable price also are considered. Such mechanisms include an efficient collective copyright management system and various licensing schemes. In an information network environment, it is time for developing countries to reform copyright law in order to promote education and research. It is hoped the findings of this study not only benefit South Africa and People's Republic of China, but also provide insights and guidelines to other developing countries with similar conditions.
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Hirko, Sileshi. "Copyright and Tertiary Education for Human Development: Rethinking the Policy, Law and Practice in Ethiopia." Thesis, Université d'Ottawa / University of Ottawa, 2020. http://hdl.handle.net/10393/40525.
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Supasiripongchai, Noppanun. "Copyright and educational exceptions in Thailand : a comparative study." Thesis, University of Edinburgh, 2011. http://hdl.handle.net/1842/14229.
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The thesis starts in Chapter 1 by providing the background to the development of the Thai copyright exceptions and the prospective Thai-US Free Trade Area (FTA) Agreements. In Chapter 2, I identify three major problems which arise from the inappropriate and unclear educational exceptions of the Thai CA 1994. The first problem is that the copyright law and its exceptions cannot effectively protect the economic interest of copyright owners but rather reduce the effectiveness of the copyright protection regime in Thailand as a result of three factors: the unclear educational exceptions; the problematic approaches to the copyright exceptions of the Thai IP Court; and the lack of a copyright collecting society (CCS) and a licensing scheme system in the Thai education sector. The second problem is that the Thai educational exceptions do not properly protect the moral right to be recognized as the author of the work in both the general and digital contexts. Finally, they do not support the long-distance education and lifelong learning policy of the Thai government as well as preventing educational institutions, teachers and students from the benefit of new digital technologies. The thesis recommends that the following tasks be carried out in order to solve the above problems. First, reforms must be made to the educational exceptions in the Thai CA 1994 in order to make them more restrictive and limited than at present. For instance, a clear limitation, a prohibition on multiple reproductions, and a requirement of sufficient acknowledgment must be inserted into the educational exceptions of the Thai CA 1994. Second, I recommend the introduction of digital copyright provisions on Technological Protection Measures (TPMs) and Electronic Rights Management Information (RMIs) into the Thai copyright system. This is necessary in order to ensure that educational materials can be made readily available online for distance education purposes with appropriate protection. These can also protect the economic interests of copyright owners in the digital environment by ensuring that only authorised persons access educational materials, not the public in general. Nevertheless, it is also necessary to ensure that non-infringing uses for educational purposes provided in the copyright exceptions of the Thai CA 1994 will be exempted from the violation of the prospective TPM and RMI provisions. Third, I argue that legislative reform to the educational exceptions and the introduction of the TPM and RMI provisions alone cannot completely solve the problem because the increased numbers of copyright infringements in the Thai education sector result from both the unclear exceptions and the lack of a CCS. Thus, the reforms of the exceptions and the introduction of new law must be carried out together with the establishment of the CCS and a licensing scheme system in the Thai education sector. Nevertheless, the establishment of the CCS without any legal controls upon its activities would result in further problems, so I contend that such establishment must be done together with the introduction of a regulation and a governmental body to prevent the CCS from abusing its licensing scheme or its powers in an anticompetitive way. Finally, the thesis points out several useful lessons arising from the study of the Thai copyright exceptions which could benefit global copyright protection and other countries. I have sought to state the law as it stood at the end of September 2010.
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Nampandu, Henry. "Using copyright law to enhance education for economic development : an analysis of international and national educational exceptions, with specific reference to Uganda." Thesis, Queen Mary, University of London, 2014. http://qmro.qmul.ac.uk/xmlui/handle/123456789/8776.
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Strict enforcement of copyright in least developed countries like Uganda would negatively affect realisation of the right to education which is both intrinsic and instrumental to realisation of economic development goals including the Millennium Development Goals. The right to education is recognised internationally, regionally and by the Constitution of the Republic of Uganda 1995. Universal access to copyrighted educational materials is needed if education in less developed countries is to serve its purposes. However, to stimulate creation of materials for the future, copyright restricts both access and use of copyrighted materials which negatively affects realisation of the right to education in less developed countries. Unfortunately, exceptions as copyright’s tool for enabling access and use are unclear and narrowly construed. For TRIPS compliance, Uganda enacted the Copyright and Neighbouring Rights Act, 2006 without optimally transposing exceptions. Moreover, under the current international framework, even the most maximalist approach to exceptions would not serve less developed country needs. Accordingly, the Berne Appendix for developing countries, though procedurally complex, should be used. This thesis undertakes a critical comparative analysis of relevant international and national copyright provisions. While referencing legislation from selected countries, Uganda’s commendable fair use provisions are nevertheless not optimal for supporting education for economic development. Various doctrinal issues arise from the exceptions and Uganda’s Berne Union ‘absentee’ status. Pending international reforms, maximally transposing and utilising available exceptions is imperative. Key recommendations include: incorporating the human right to education among fair use factors and joining the Berne Union. Classical utilitarianism is used to justify maximising exceptions within the current international copyright framework to promote quality education. Arguably, maximally transposing and using exceptions to support education is the way to facilitate economic development as the ‘greatest good’ for the world’s greatest number living in poverty in less developed countries in an era of globalisation.
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Clark, Robert Franklin. "A study of the legal implications of copyright law to the use of computer software in public education." Diss., Virginia Polytechnic Institute and State University, 1985. http://hdl.handle.net/10919/54278.
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The purpose of this study was to review, synthesize and document federal statutes and litigation; utilizing literature pertaining to copyright and the use of computer software by educators. A combination of legal and historical research methodology was used to conduct the study.
The historical research involved primary and secondary source documents, from England and America. The legal research involved the use of law guides, finding-tools, legal sources, law journals, case law, and computerized search systems.
The study indicated that copyright litigation began as early as 567 A.D. The concept of copyright in England began as a method to control the publishing industry and evolved into a right of authors. Copyright in the United States is based on the Constitutional clause granting to Congress the power, "To Promote the Progress of Science and the Useful Arts, by securing for limited Times to Authors and Inventors the Exclusive Right to their respective Writings and Discoveries...." The first American copyright act, passed in 1790, has been the subject of two major revisions; the first in 1909 and the second in 1976.
The study also indicated that educators and publishers have opposing beliefs regarding the use of copyrighted materials. These beliefs are logical and defensible, and are not likely to be resolved without further revisions to the copyright laws. In an attempt to adjudicate these arguments, the judiciary has developed the "Doctrine of Fair Use." A review of federal case law revealed that teachers and educators have not faired well under this doctrine. Of the six cases in which educators pleaded fair use, only two were resolved in favor of the defendant educator. The trend of federal case law, involving computer programs, is to afford greater protection for these programs.
With regard to the copying of computer software for use in the public school classroom, that copying copyrighted software is illegal. Serial use of instruction programs does not infringe the copyright; however, any use which would increase the number of simultaneous users would violate the copyright owner‘s exclusive rights. School systems should develop written policies regarding the duplication and use of copyrighted software. The use of multiple licensing agreements is recommended.Ed. D.
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Sivill, Jason R. "Two Phenomena in Contemporary Music Education: Mental Toughness and the Law." Scholar Commons, 2019. https://scholarcommons.usf.edu/etd/7947.
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This collection of works involved examinations of two phenomena that currently impact music education in the United States and constitute challenges for both pre-service and in-service music educators. Article one is an exploration of college aged musicians, their experiences with critical commentary and stressful scenarios encountered in and through applied music studies, and the role that mental toughness might play in these experiences.
This study examined the perceptions of college level studio teachers and their students.
Results of the study indicated that significant differences in mental toughness scores existed between the studio teacher group and the students (as a whole) and between the studio teacher group and 5 of the 6 student groups. Significant negative correlations were found between students’ mental toughness scores and answers to three questions related to teacher criticism, student anxiety in lessons, and students’ frequency of hurt feelings following feedback about their performing. Article 2 examined the perceptions of in-service music educators regarding aspects of education law. Participants included music educators (N = 152; Mage = 41.7) from each of the 50 states whose teaching assignments occur primarily at the high school (grades 9 – 12) levels. Results indicated that these participants viewed their undergraduate teacher training programs, and graduate studies, as having included very low levels of legal content. Few of the participants indicated receiving additional education and training from a legal specialist, and taking part in sessions on legal topics offered by their school districts and professional associations. The legal issues receiving the greatest numbers of selections as having been experienced by the participants included 5 aspects of copyright law, religious music/lyrics in educational and performance material, and protection of student health (i.e., medical) information. The total number of legal issues selected was significantly correlated with the number of traveling groups (ensembles) with which the teachers were associated. Teachers of marching band indicated a greater number of total legal issues having been dealt with in their professional experience. And teachers of orchestra demonstrated fewer total numbers of legal issues experienced. In spite of the significant correlations, total expressions of relevant legal issues were largely unassociated with teachers of specific ensemble types.
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Pelanda, Brian Lee. "“For The General Diffusion Of Knowledge”: Foundations of American Copyright Ideology, 1783-1790." University of Akron / OhioLINK, 2008. http://rave.ohiolink.edu/etdc/view?acc_num=akron1216072749.
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Lamont, Kim Tracy. "Evaluating the current copyright provisions for the reproduction and dissemination of electronic educational material in distance learning." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15212.
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There is a marked increase in distance learning courses. According to the literature, online courses have penetrated 78.09% of undergraduate level programmes and 64.3% of doctoral research institutions. The amplified trend towards online learning courses raises questions pertaining to access to educational material online. Digitisation has enabled the rapid copying of content and dissemination thereof to better enable access to learning for all through such digital availability of educational material. However, whether there are sufficient exceptions within copyright law to better facilitate the magnanimous growth of distance learners is debatable. The aim of this minor dissertation is to determine whether there are international instruments such as the Berne Convention, the Trade Related Intellectual Property Agreement (TRIPs), and the WIPO Copyright Treaty (WCT) that better enable the electronic reproduction and distribution of work for distance learners. To understand the fair dealing and fair use provision specifically for distance learning in specific countries, which include South Africa, United Kingdom and United States Methodology: A large literature search was undertaken, which included legislation, published journal articles, websites and magazines to characterise the current state of access to educational material for distance learners in SA, UK and USA. The findings show that there is not sufficient room for access to educational material for distance learners in a fair dealing model. This can be demonstrated in the enumerated list that must be adhered to for fair dealing to subsist. This is demonstrated in section 12 of the South African Copyright Act as well as section 32-36 in United Kingdom's Copyright Designs and Patents Act. However, in the United States there has been development within the codification of fair use terms in section 107 of the United States Copyright Act that have provided provisions for multiple copies as long as the four criteria for fair use are fulfilled. Furthermore, the Digital Millennium Copyright Act was implemented which has therein specified provisions for the digitisation of a work for distance learners. There are not sufficient exceptions within copyright law for access to digitised educational material for distance learners in South Africa and the United Kingdom. The current exceptions are narrow and limited. Therefore, a recommendation would be to broaden the scope of the provisions to increase the flexibility and better to accommodate access to educational material for distance learners in this information age where digital networks and access are growing exponentially. Some countries such as the Unites States have come to this realisation early and have started to accommodate digitisation of works and distance learning models through the Digital Millennium Copyright Act and the codification of the fair use model in section 107 of the United States Copyright Act.
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Usadel, Philipp [Verfasser]. "Copyright Law and the Access to Education and Knowledge in the Digital Age : Matching Limitations and Exceptions in Portugal, Brazil and Mozambique / Philipp Usadel." Aachen : Shaker, 2016. http://d-nb.info/1122545339/34.
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Adduono, Christopher. "Rebalancing copyright law." Thesis, University of Southampton, 2015. https://eprints.soton.ac.uk/383136/.
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This research focuses on copyright law particularly its ability to provide for the competing needs of both the public and rights holders. The arrival of the internet has brought copyright to the forefront of legal, political and public discussion and has presented copyright law with a unique challenge. The internet although enabling creators to disseminate their works to a wider audience has also facilitated free illegal access to copyrighted materials. This has not only undermined copyright’s effectiveness and caused chaos but has questioned the very legitimacy of the entire concept of copyright. This research discusses copyright law specifically how the concept of balance between right holders and the public originated and if this fundamental concept is maintained in current law. Focus is given to the founding principles of modern copyright law in the Statute of Anne 1710 and Donaldson v Beckett where copyright was deemed to have a dual purpose. The first purpose of copyright is to protect the interests of rights holders so they are incentivised to create socially useful works and can exploit their work. The second opposing purpose of copyright is to protect the interests of the public so knowledge is disseminated, learning is encouraged and the public can adequately access copyrighted works. Although a suitable balance between these rival purposes was once achieved, this research will discuss the changing dynamic between rights holders and the public. This will involve discussion of the history of copyright law as well as the impact of areas such as human rights, copyright subsistence and fair dealing. My motivation for this research is that copyright law is currently facing a crisis with widespread infringement and disregard for the law through piracy. Governments are failing to enforce copyright law and public support for copyright is diminishing. This research is important because governments have repeatedly tried to solve the crisis however these attempts have been unsuccessful and piracy has become commonplace. The current governmental approach is to continue copyright expansion for rights holders and to introduce harsher legislation against users. My research aims to embark on a fundamental reassessment of the nature of copyright itself, what is the purpose of copyright and the competence of current legislation to meet these purposes. This will involve discussion of key internal and external components of the copyright regime to assess their ability to achieve these purposes and protect the interests of both right holders and the public. The thesis will conclude the abovementioned components, current legislation and case law favours the economic interests of right holders above the interests of the public and that a series of reforms are necessary to rebalance copyright law. The thesis makes a contribution to copyright academic discussion by providing a framework for a balanced copyright regime where the interests of the public are a fundamental guiding principle. The overall aim is for the public to be considered equally alongside rights.
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Lee, Yin Harn. "Videogame modifications under copyright law." Thesis, University of Cambridge, 2015. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.709009.
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Beland, Christopher D. (Christopher David) 1978. "Digital technology and copyright law." Thesis, Massachusetts Institute of Technology, 2002. http://hdl.handle.net/1721.1/16818.
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Thesis (S.B.)--Massachusetts Institute of Technology, Program in Science, Technology, and Society, 2002.Includes bibliographical references (p. 88-108).
This electronic version was submitted by the student author. The certified thesis is available in the Institute Archives and Special Collections.
Intellectual Property is an ideology of the late Twentieth Century which reserves property-like rights in information, so that creators may extract its economic value. Current American copyright law draws mainly from this concept; it has been constructed through history by negotiation between various established economic interests. Information Freedom is a competing ideology which has been successful in the software community. It emphasizes the dangers of over-propertization and the benefits of freely accessible resources, especially non-depletable information resources. Compromise must be reached in a practical (non-ideological) fashion in order to achieve the social goals of: production of creative content (encouraged by fair but not excessive compensation for creators); promotion of scientific, political, technical, artistic, cultural, and economic progress by removing obstacles to accessing content and taking advantage of innovations which change the status quo; protection of creative freedom; and ensuring quality and diversity in the content which is created. Civil disobedience as a means to achieve these goals may be counterproductive if it results in tighter technological restrictions on content availability or stricter legal mechanisms; legal reforms proposed by Lawrence Lessig and Jessica Litman are unlikely to be enacted. Internet-based technologies have strong potential to increase exposure to diversity, decrease costs, and improve the subjective experience for music consumers. Cheaper film-making equipment may have similar positive effects for motion pictures to a lesser degree. Internet bandwidth and other practical limitations suggest that immediate changes in video distribution and consumption patterns are more likely to be driven by the availability of Digital Video Recorders, or perhaps competing Video On Demand services. Different economic models which fund content creation may be appropriate for different applications, and may in some cases further social goals better than strong propertization. Alternative models include voluntary contributions (either from creators or consumers); indirect benefit by establishing reputation, selling related services, cross-promotion, or selling advertising; and public funding. The history of telecommunication, including the telegraph, radio, television, and the Internet, provides evidence that important uses for new technology may not be initially obvious, that the maturation of digital information technology and related economic models is just beginning.
by Christopher D. Beland.
S.B.
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Mysoor, Poorna. "Implied licences in copyright law." Thesis, University of Oxford, 2017. https://ora.ox.ac.uk/objects/uuid:8d5f4169-4f04-4e1f-9600-d93b6adbcd53.
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Copyright licences can be implied when the doing of a restricted act is covered neither by the express licence of the copyright owner, nor by one of the statutory limitations and exceptions. The manner in which copyright licences are implied, therefore, holds the key to broadening the scope of permissible acts. In contrast to the rigidity of statutory limitations and exceptions, implied licences are more malleable in being able to respond to a diverse set of circumstances, as the need arises. Thus, implied licences can serve as a flexible and targeted mechanism to balance competing interests, including those of copyright owners and content users, especially in todayâs dynamic technological environment. However, implication as a process is contentious, and there are no established rules for implying a licence. Implication of a copyright licence is even more complicated because the conceptualisation of a copyright licence is unsatisfactory. The resulting uncertainty has prevented implied licences from being embraced more readily by the courts. The objective of this thesis is, therefore, firstly, to reconceptualise a copyright licence that is broad enough to accommodate the diverse circumstances in which copyright licences arise, and certain enough to assist in finding their constituents; secondly, to propose frameworks for implying copyright licences in a methodical and transparent manner, based on three sources: the consent of the copyright owner; an established custom; and state intervention to achieve public policy goals. The frameworks are also customised differently for implied bare and implied contractual licences. The thesis demonstrates the robustness of these frameworks by rationalising them with the existing case law. Underscoring the contemporary relevance of implied licences, in conclusion, the thesis tests and validates the frameworks in relation to three essential and ubiquitous functions on the internet â browsing, hyperlinking and indexing.
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Marais, Richard. "Investigating musical copyright infringement: Examining International Understandings of Musical Copyright Infringement for Potential Adaptation into South African Copyright Law." Master's thesis, Faculty of Law, 2019. http://hdl.handle.net/11427/31006.
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This thesis examines international approaches to musical work copyright infringement law for the purpose of establishing an approach that can be utilised effectively under the South African copyright infringement framework. In doing so, the importance of the various interactive elements of musical works is investigated as well as the modes of assessment in infringement scenarios. The findings are used to create a robust middle-ground approach to be adapted into the South African copyright infringement framework. Further considerations that impact infringement outcomes are addressed to the extent that they are contextually relevant. These include a discussion of research undertaken on the continent regarding the relationship between creators and the music-related copyright regime as well as the role that exceptions and limitations play in infringement outcomes.
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Aplin, Tanya Frances. "Multimedia technology and copyright law protection." Thesis, University of Oxford, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.395284.
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Kirk, Ewan. "Anglo-US copyright and the challenge of digitization : maintaining the balance of copyright principles." Thesis, Southampton Solent University, 2001. http://ssudl.solent.ac.uk/1146/.
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Commentators argue that modern copyright law has been stretched to the limit. Some argue that digital media has either caused it to be irrelevant or in need of a serious rethink. In order to address the concerns of copyright owners, the legislatures of the EU and the US have conducted programmes of reform to address the issues of protection and use of copyright works on networked computers. Copyright is treated differently by different individuals. While copyright owners argue that their rights need to be strengthened, copyright users would like to be able to exploit the advantages of the Internet by making new uses of copyright works. The purposes of this thesis is to address the problems caused by digitisation. This is achieved by conducting a historical and philosophical analysis of the core rationale of copyright which reveals the true purpose and rationale of copyright. In order for copyright to remain an effective and valid law, any reforms must be compatible with this rationale, in order to avoid distorting copyright so that it no longer achieves the purpose for which it was intended. This thesis has identified that copyright is a balance between competing rights, designed to provide the opportunity for creators to be rewarded for their work, but also to serve the public interest by allowing fair access to the work created. It has then applied this theory to the reforms of the EU and the US, in order to assess whether the original purpose of copyright is still served by the reformed law. The answer is a qualified yes. The use of technological protection and fair use doctrines serve to retain the balance between the copyright owner and the coypright user.
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Rimmer, Matthew Rhys. "The pirate bazaar the social life of copyright law." View electronic text, 2001. http://eprints.anu.edu.au/documents/disk0/00/00/08/14/index.html.
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Available via the Australian National University Library Electronic Pre and Post Print Repository. Title from title screen (viewed Mar. 28, 2003) Includes bibliographical references. Mode of access: World Wide Web.
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Dimita, Gaetano. "Copyright and shared networking technologies." Thesis, Queen Mary, University of London, 2010. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1303.
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The technological zeitgeist has transformed the social-cultural, legal and commercial aspects of society today. Networking technologies comprise one of the most influential factors in this. Although this transformation can be discounted as a mere historical phenomenon dating back to the advent of the printing press, empirical data concerning usage of these technologies shows that there has been a radical shift in the ability to control the dissemination of copyright works. Networking technologies allow, in an unprecedented manner, user-initiated activities including perfect replications, instantaneous dissemination, and abundant storage. They are immune to technological attempts to dismantle them, and impervious to legal attempts to control and harness them. They affect a global audience, which in turn, undermine at negligible costs, the legal and business parameters of copyright owners. The problem is whether it will now be possible to establish a copyright framework which balances the interests of the following groups: (a) copyright owners in their control of the dissemination of their works; (b) authors demanding remuneration for the exploitation of their works; (c) users wishing to consume works with clear immunity guidelines using networked technologies; (d) technologists striving to continuously innovate without legal and policy restrictions. Copyright law is not a mechanism for preserving the status quo or a particular business model. It is, as suggested above, a reflection of the needs and interests of authors, copyright owners, entertainment industries, users and technologists. This thesis examines whether the balance between these actors can be achieved and, if so, how it can be implemented within international, regional and national copyright laws. It finds that a balance can be struck; but that this balance should be aligned along three key concepts: user integrity; technological innovation; and authors‘ and owners‘ remuneration. The proposal is that the optimal method for achieving this triptych is the introduction and global implementation of a reasonable and unobtrusive system of remuneration.
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Almuaini, Abdelrahman H. "The enforcement of copyright law in the United Arab Emirates." Thesis, Available from the University of Aberdeen Library and Historic Collections Digital Resources, 2009. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?application=DIGITOOL-3&owner=resourcediscovery&custom_att_2=simple_viewer&pid=33527.
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Ital, Eric Guy. "Copyright law and the Internet : in modern South African law." Thesis, Stellenbosch : Stellenbosch University, 2000. http://hdl.handle.net/10019.1/51666.
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Thesis (LLM)--University of Stellenbosch, 2000.ENGLISH ABSTRACT: The Internet is coming more and more into focus of national and international legislation. Especially with regard to copyright law, the rapid growth of the Internet, its global character, its novel technical applications and its private and commercial use by millions of people makes the control over a work complicated and raises copyright problems all over the world. Present legislation is therefore challenged to avoid gaps in the law. Considering the rapid growth of online providers and users in South Africa, it is likely that copyright disputes with regard to the Internet will evolve here soon. In this dissertation, the "world" of the Internet and its lawfulness with regard to existing South African copyright law will be examined. The examination tries to establish whether South African copyright law is able to cope with the present Internet problems and whether it leads to reasonable results. The first chapter of this dissertation will give an overview of the basic principles of the Internet, including the history, development and function of the Internet. Furthermore the changing aspects by means of diqital technology will be discussed. Because the global character of the Internet lead to "international" infringements, governments are considering the prospect of reaching international accord on the protection of intellectual property in the digital era. In chapter two, the present international harmonisation of copyright law will be introduced. Especially the quick adoption of the World Intellectual Property Organisation Treaties in December 1996 demonstrated that an international realisation for a call for action is existing. In chapter three, the application of South African copyright law with regard to the Internet will be discussed. First, it will be examined if a digital work on the Internet is protected in the same way as a "traditional" work. Second, the various rights of the copyright holder are discussed in connection with the use of a work on the Internet. Third, the potential application of the exclusive rights of the copyright holder to various actions on the Internet, such as caching, Web linking and operating an online service will be discussed. The Internet is a worldwide entity, and, as such, copyright infringement on this system is an international problem. The scenario of global, simultaneous exploitation of works on the Internet conflicts sharply with the current system of international copyright protection, which is firmly based on national copyright laws with territorial effects. Section four provides therefore an overview of the applicable law on an international net and analyses the necessity and borders of protection.
AFRIKAANSE OPSOMMING: Nasionale en internasionale wetgewing fokus in In toenemende mate op die Internet. Die versnelde groei van die Internet, sy wêreldkarakter, sy nuwe tegnologiese aanwendings en sy private en kommersiële gebruik deur miljoene mense maak beheer oor In werk baie gekompliseerd en skep veral outeursregprobleme regoor die wêreld. Wetgewing soos dit tans is, word dus uitgedaag om die leemtes in die reg te ondervang. Gegewe die vinnige groei van gekoppelde verskaffers en gebruikers in Suid-Afrika, is dit waarskynlik dat - outeursreggeskille met betrekking tot die Internet binnekort ook hier gaan ontwikkel. In hierdie verhandeling gaan die "wêreld" van die Internet en sy wettigheid onder bestaande Suid-Afrikaanse outeursregwetgewing ondersoek word. In die ondersoek word gepoog om vas te stelof Suid-Afrikaanse outeursregwetgewing geskik is om die Internetprobieme wat tans bestaan te hanteer en of dit lei tot aanvaarbare resultate. Die eerste hoofstuk van die verhandeling sal In oorsig gee van die basiese beginsels van die Internet, insluitende die geskiedenis, ontwikkeling en funksie van die Internet. Verder sal die veranderende aspekte as gevolg van digitale tegnologie bespreek word. Die wêreldkarakter van die Internet gee aanleiding tot "internasionale" inbreukmakings en om hierdie rede oorweeg regerings die moontlikheid van internasionale ooreenkomste oor die beskerming van intellektuele eiendom in die digitale era. In hoofstuk twee word die bestaande internasionale harmonisering van outeursreg bespreek. Veral die vinnige aanname van die World Intellectual Property Organisation se verdrae in Desember 1996, illustreer dat daar In internasionale bewustheid is dat iets in die verband gedoen moet word. In die derde hoofstuk word die aanwending van die Suid-Afrikaanse outeursreg met betrekking tot die Internet bespreek. Eerstens word ondersoek of a digitale werk op die Internet op dieselfde wyse as 'n "tradisionele" werk beskerm kan word. Tweedens word die verskillende regte van die outeursreghebbende in verband met die gebruik van 'n werk op die Internet, bespreek. Derdens word die potensiële aanwending van die eksklusiewe regte van die outeursreghebbende op verskillende aksies op die Internet, soos byvoorbeeld kasberging, web koppeling en die werking van 'n gekoppelde diens, bespreek. Die Internet is 'n wêreldwye verskynsel en sodanig is outeursreginbreukmaking op hierdie stelsel 'n internasionale probleem. Die scenario van 'n wêreldwye, gelyktydige uitbuiting van werke op die Internet is in skerp konflik met die huidige stelsel van internasionale outeursregbeskerming wat stewig gegrond is op nasionale wetgewing met territoriale werking. Hoofstuk vier bied daarom 'n oorsig oor die toepaslike reg op 'n internasionale netwerk en analiseer die nodigheid en ook grense van beskerming.
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Ahlgren, Erik. "Does EU copyright law threaten digital freedom?" Thesis, Uppsala universitet, Juridiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-324451.
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Fang, Cheng-Ru 1965. "Liability for copyright infringements committed by others." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80917.
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This thesis focuses on third-party liability in the field of copyright law in common law countries, that is, liability for the copyright infringement committed by others. By revisiting basic philosophies for copyright protection and case studies of three basic doctrines, authorization, vicarious liability, and contributory infringement, employed by courts to deal with third-party liability in the common law system, the author tries to extract applicable legal doctrines to treat third-party cases under a variety of circumstances. These doctrines could serve as a vigorous base with which to face future challenges, especially those resulting from ever-changing technological landscape, involving third-party liability in the field of copyright.
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Koutouki, Dina. "Reconsidering copyright protection for software and databases." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape9/PQDD_0015/MQ48159.pdf.
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Handa, Sunny. "Reverse engineering computer programs under Canadian copyright law." Thesis, McGill University, 1994. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=22693.
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The field of copyright law has been especially active in recent times as a result of its application to computer programs. Copyright law, not originally designed to protect such works, has had to adapt to suit the special nature of computer programs. This paper addresses the applicability of copyright law to the reverse engineering of computer programs. Reverse engineering is a method by which programmers may uncover the ideas and processes used within an existing computer program, thereby allowing the construction of compatible computer programs. Reverse engineering may also be used to create works which are directly competitive with the original program, and may also be used to assist in the piracy of computer programs. The mere act of reverse engineering computer programs, regardless of its purpose, potentially infringes the copyright of the computer program in question, notwithstanding whether the results of the process are used in an infringing manner.Recently both the European Union countries and the United States have accepted reverse engineering as an exception to copyright infringement. The European Union has opted for a legislative solution, whereas in the United States several courts have construed the fair use exception contained in that country's Copyright Act as allowing reverse engineering.
In this paper, it is argued that Canada must also adopt a reverse engineering exception to copyright infringement. It is claimed that the implementation of such an exception is justified through examination of the underlying policy goals of copyright law in the context of an economic framework. Reverse engineering fosters the creation of standards which, it is argued, increase societal wealth. The existence of a reverse engineering exception is consistent with the balance between the economic rights of individual authors and societal technological progress, which copyright seeks to maintain. It is demonstrated that copyright exists as the only form of applicable intellectual property protection which can broadly limit the disclosure of concepts underlying computer programs.
It is suggested that an effective exception should be statutorily based. It is felt that the existing fair dealing exception contained in the Canadian Copyright Act is juridically under-developed and too uncertain to provide an effective solution to the reverse engineering problem. A legislative solution would send a clear message to the software industry as well as to the courts, and could prohibit contracting out of the Copyright Act which would potentially be allowed were a judicial solution sought. It is further suggested that the statutory exception should broadly allow the process of reverse engineering as opposed to limiting it to cases where compatibility is sought. Narrowing the exception creates conceptual difficulties in applying limits to reverse engineering. Allowing a broad exception would avoid these difficulties while continuing to provide copyright holders with protection if, after the reverse engineering process is concluded, their protectable expression is used within another's software product.
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McCall, M. L. (Marnie) Carleton University Dissertation Law. "Copyright law and the procreative autonomy of women." Ottawa, 1993.
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Svensson, Gabriella. "Text and Data Mining in EU Copyright Law." Thesis, Uppsala universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-413020.
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Text and data mining can be a useful tool in such diverse fields as scientific research, journalism, culture and not least training of artificial intelligence and its importance is likely to only grow in the future. Despite its huge potential there are many indicators that copyright law restricts use of text and data mining – keeping users from optimal application. This thesis discusses possible barriers crated by EU copyright law, in particular in the light of the new exceptions provided by the Directive on Copyright and Related Rights in the Digital Single Market and finds that despite improvements in terms of legal certainty there are still obstacles to the efficient application of text and data mining.
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Ahdash, Mohamed Ali. "Foundations and conditions of copyright in Islamic law." Thesis, University of Wales Trinity Saint David, 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.504251.
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This thesis presents a study on the legal and moral foundations of copyright in the "Shari'a" (Islamic Law), with reference to various schools of "figh" (Islamic Jurisprudence). By following the methodological principles and proofs in the sources of Shari 'a, the study provides the main authoritative groundings for copyright. Examination of copyright in the Shari 'a was performed by collecting and investigating the available references and citations relating to the subject. The material was obtained from various Islamic sources and through the fiqh terminology. Accordingly, the concepts of "hagq" (right), "milkiyya" (ownership), "mal" (wealth) and "manfa'a" (utility) and their definitions made by the leading scholars, were examined in order to understand the precise standing of copyright in Shari 'a. The analyses of these essential definitions revealed that the key factor of these concepts is the approval of Shari`a. Under Shari`a, however, copyright may be considered as hagq whose classifications in fiqh can be applied to copyright. Copyright is manfa'a and mal and can be owned. This understanding can provide an enough room for copyright in Shari'a. This study investigated evidence of copyright starting from the original sources of Shari'a Qur'an and Sunna (the prophetic traditions and practices), and the subsidiary sources such as "Qiyas" (the analogy). The study argues for the legitimacy of copyright on the ground that it reflects principles of justice and honesty, respects right and property, and reduces injustice enrichment. There are some "ahädith " (Prophet's traditions) which may support the idea of copyright. The application of giyds showed some clear cases which can be applied to copyright. An investigation on the supplementary sources of Shari'a; "Maslaha" (the public interest) "'Urf' (custom) and "al-Qawä`id al-Fiqhiyya" (legal maxims) supports copyrights. Therefore, copyright has received support from separate and cooperative evidence. The religious approval of copyright can only be gained, if a given work meets necessary conditions of originality, legality and the public interest. The duration of copyright leaves some scope for differences of view as to whether copyright should be eternal or for specified limited periods, with a discrepancy in theoretical and practical reasoning but the view of perpetual copyright appears to be more evident according to Shari 'a. The range of arguments dealt with in the study ought to dispel any doubt about the acceptance of copyright in Islamic law. The introduction of copyright within Islamic law is an extension and a logical part of "ijtihad" (conscientious reasoning) of Shari 'a. Copyright may be governed by the principles of Shari `a inasmuch as it is strengthened. Finally, the research shows how Shari 'a is a responsive and evolving system and provides guidance to serious and complex issues such as copyright with its international burden and interest.
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Buerskens, Holger. "Copyright protection of musical compositions in the U.S.A." Thesis, McGill University, 1992. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=26018.
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The author analyses the copyright protection of musical compositions in the U.S.A. with regard to the development of new reproduction methods. He argues that the existing copyright law has to be reinterpreted or amended in order to control new technologies in an appropriate way. The possibility to analyze music with computers and to store and reproduce it digitally ("sampling") has not only opened a broad variety of possibilities to use compositions already published for new productions, it also poses new questions for the application of copyright law.The author interprets the existing legislation and adjudication with regard to the possibilities the new technologies offer and makes suggestions for an adaptation of the existing law to recent developments in technology. The author especially criticizes the so-called "audience test" to determine infringement and suggests, that in areas requiring a particular technical knowledge, the determination of copyright infringement should not be left up to the impression of a lay person, but rather depend on the testimony of an expert.
The author argues, that the recent developments in the music business require a new definition of the scope of protection of musical works. Parts of music such as rhythm, harmony or the arrangement of a song should itself be protected by copyright law.
For the area of digital sound sampling the author suggests the introduction of a statutory licensing scheme. The license fee should depend on the length of the part taken and the number of copies sold.
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Barrett, Brandon T. "Modernizing Copyright for Equitable Treatment in the Streaming Age." Thesis, Florida Atlantic University, 2016. http://pqdtopen.proquest.com/#viewpdf?dispub=10096023.
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Society’s progression through the digital streaming age has created a music licensing landscape of grave concern to all stakeholders in the industry. These drastic changes have occurred under an outdated legal framework. This paper will recommend a comprehensive reform to our copyright law to uphold the intentions of copyright in the modern, digital age of today. By looking at the history of copyright and its evolution, one can assess how Congress has been tasked with establishing a fair market value for music by promoting the public interest and fairly compensating copyright owners. This will lead to an evaluation and comparison of those methods used to determine fair market value for creative works that will be the basis of the recommendation used to modernize copyright law. This recommendation will comprehensively provide for equitable treatment for all parties in the streaming age through its totality, additional reforms, and alternative ideas.
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Scharf, Nicholas Friedrich. "Digital copyright law : exploring the changing interface between copyright and regulation in the digital environment." Thesis, University of East Anglia, 2013. https://ueaeprints.uea.ac.uk/43164/.
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This thesis seeks to address and clarify the changing interface between copyright law and other forms of regulation in the digital environment, in the context of recorded music. This is in order to explain the problems that rightsholders have had in tackling the issue of unauthorised copyright infringement facilitated by digital technologies. Copyright law is inextricably bound-up with technological developments, but the ‘convergence’ of content into a single digital form was perceived as problematic by rightsholders and was deemed to warrant increased regulation through law. However, the problem is that the reliance on copyright law in the digital environment ignores the other regulatory influences in operation. The use of copyright law in a ‘preventative’ sense also ignores the fact that other regulatory factors may positively encourage users to behave, and consume in ways that may not be directly governed by copyright. The issues digital technologies have posed for rightsholders in the music industry are not addressed, or even potentially addressable directly through law, because the regulatory picture is complex. The work of Lawrence Lessig, in relation to his regulatory ‘modalities’ can be applied in this context in order to identify and understand the other forms of regulation that exist in the digital environment, and which govern user behaviour and consumption. By combining his work with that of other scholars in the field, a bespoke ‘Lessigan’ framework is formulated to address and analyse those other regulatory factors in conjunction with actions undertaken by rightsholders to secure their copyrights in the digital age. The thesis will analyse the effect such reliance on copyright law may have on these regulatory influences, and the creative potential of the digital environment.
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Mathini, Moses Wanjukia. "Enforceability of digital copyright on the darknet?" Master's thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/28031.
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This dissertation seeks to comparatively analyse different emerging jurisprudence of pioneering jurisdictions on the operability of enforcing digital copyright in light of the growing use of the Darknet. It addresses the legal lacuna in the existing copyright laws with regards to enforcement against the illegal distribution of infringing copies of online digital content. It also seeks to illustrate how the concept of digital copyright protection has been compromised by the inoperability of enforcement laws on illegal distribution via the Darknet. It thereby advocates for a 'digital use' exemption and or free access as a recommendation. Although the advancement of technology created new and advanced forms of distribution or availing copyrighted works to the public, these new advanced channels of distribution have been compromised by rogue online clandestine file sharing networks. Digital copyright protection laws have been advanced so as to respond to illegal online file sharing, however, they have had limited impact due to the vast, flexible and unregulated nature of the internet which transcends the territorial nature of any single state's copyright laws. Currently, online file sharing is effected through peer to peer networks due to their operational convenience. This dissertation suggests that the need to control distribution, legally or technological, is driven by the urge to enable digital copyright owners to benefit financially from their works and get a return on their investment. Technologically, this has been effected through the adoption of Digital Rights Management (DRMs) measures that control access to these works through the use of paywalls on commercial websites that require online consumers to pay/ subscribe first before they gain access to the copyrighted works. (eg Netflix, Showmax, itunes e.t.c) However, since absolute control over one's digital works, online, is impossible, the success of these access-control mechanisms remains debatable and remain vulnerable to technologically sophisticated users who could easily circumvent them and make the protected works available to millions of other users in Darknets. This, in effect, creates a parallel and free market for digital content. Darknets have grown as the new preferred channel of distribution due to their unique features which have rendered any judicial or legislative threat of sanctions, merely academic and detached from practical application. The Darknet essentially provides for user privacy, in anonymity, and security from monitoring and detection. These two primary features have exacerbated online piracy as various Darknets ISPs have now developed more user-friendly Darknet versions for the average mainstream user. This dissertation will highlight how the digital creative industry faces an existential threat with the growing use of Darknets. Darknets have created a virtual environment where illegal digital content distribution continues with impunity, since the burden of the enforceability of copyright rests squarely on the individual copyright holder and the pursuit of liability only begins upon detection of any such infringement of copyright. In effect, copyright owners, most often than not, lack the technological expertise to monitor and detect and thereby cannot enforce their copyright. As such, this dissertation postulates that the legal/ technological effort to maintain any form of monopoly over digital content online is an unattainable objective. As a solution, to end both online piracy and safeguarding the financial interests of copyright owners, a change in the approach to digital copyright is needed. This will be achieved through creating a 'digital use' exemption and or free access. Rather than copyright owners trying to control access, they should provide free access and profit on alternative revenue business models. Free access to digital content will do away with the need of online users to pirate and also save copyright owners the effort and resource to keep monitoring the virtual world for infringement. It will also counter-react to the Darknet's parallel market since users will have free access to digital content from the official distribution websites. This dissertation will interrogate the viability of this option.
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Shay, Richard Michael. "Users' entitlements under the fair dealing exceptions to copyright." Thesis, Stellenbosch : Stellenbosch University, 2012. http://hdl.handle.net/10019.1/71691.
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Thesis (LLM)--Stellenbosch University, 2012.Includes bibliography
ENGLISH ABSTRACT: This thesis analyses current South African copyright law to ascertain the proper interpretation and application of the fair dealing provisions contained in the Copyright Act 98 of 1978. Copyright law ensures that authors’ works are not used without their consent, which they can grant subject to compensation or conditions attached to the use. Fair dealing exceptions allow the general public to use copyright works for certain purposes without the copyright owner’s consent and without paying compensation. These provisions are intended to balance copyright owners’ interests with the interest that members of the public have in using copyright works for socially beneficial purposes. These provisions typically allow the use of a copyright work for the purposes of research or private study, personal or private use, criticism and review, and news reporting. Unfortunately there is no South African case law concerning the fair dealing provisions, and the application of these exceptions remains unclear. This study aims to clarify the extent of application of the fair dealing exceptions to copyright infringement so that courts may be more willing to consider foreign and international law and in doing so develop South African intellectual property law. The social and economic policy considerations underlying the fair dealing exceptions are considered to determine their function. International conventions relating to copyright and neighbouring rights are examined, specifically the provisions allowing exceptions to copyright. The legislation and case law of Australia and the United Kingdom are analysed to determine the proper interpretation and application of these statutory defences. This knowledge is then used to inform South African law. The Copyright Act 98 of 1978 does not contain a fair dealing exception for parody and satire. Australian legislation does contain such an exception, and it is analysed in that context. An exception for parody is proposed for South African law, and the need for and application of this provision is considered. The constitutionality of the proposed exception is evaluated in terms of its impact on the constitutional property rights of copyright owners.
AFRIKAANSE OPSOMMING: Hierdie tesis ondersoek Suid-Afrikaanse outeursreg om die behoorlike uitleg en toepassing van die “billike gebruik”-bepalings in die Wet op Outeursreg 98 van 1978 te bepaal. Outeursreg beskerm die werk van ʼn outeur teen ongemagtigde gebruik van haar intellektuele eiendom. Gebruik kan deur die outeur gemagtig word, òf teen vergoeding òf onderhewig aan bepaalde voorwaardes. Artikels 12-19B (die billike gebruik-bepalings) van die Wet op Outeursreg laat ander toe om sekere werke te gebruik sonder die toestemming van die eienaar van die werk en sonder om vergoeding te betaal. Die bepalings streef om ʼn balans te tref tussen die belange van die outeur en die belange van die publiek. ʼn Werk mag volgens hierdie bepalings tipies gebruik word vir die doeleindes van navorsing of private studie, persoonlike of private gebruik, beoordeling of resensie, of om nuus te rapporteer. Daar is tans geen Suid-Afrikaanse regspraak rakende hierdie uitsonderings nie, en hul toepassing is dus onseker. Hierdie tesis beoog om die werking van die billike gebruik-bepalings duidelik uiteen te sit om hoër gewilligheid in howe te skep om internasionale en buitelandse reg toe te pas, en sodoende Suid-Afrikaanse immateriële goederereg te ontwikkel. Die sosiale en ekonomiese beleidsoorwegings wat die bepalings ondersteun word geanaliseer om die doel daarvan te bepaal. Internasionale outeursreg-verdragte word bespreek om ʼn raamwerk vir die uitsonderings te skep. Wetgewing en regspraak van Australië en die Verenigde Koninkryk word ondersoek, en die kennis wat daar opgedoen word, word toegepas op die Suid-Afrikaanse bepalings. Die Wet op Outeursreg 98 van 1978 bevat geen uitsondering vir die doeleindes van parodie en satire nie. Die Australiese Wet op Outeursreg 63 van 1968 bevat wel so ʼn uitsondering, en dit word in hierdie verband beoordeel. ʼn Uitsondering vir parodie en satire word voorgestel en oorweeg in die konteks van Suid-Afrikaanse outeursreg. Die grondwetlikheid van die voorgestelde uitsondering word bepaal na aanleiding van die impak wat dit sal hê op outeurs se eiendomsreg.
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Simone, Daniela Teresa. "Copyright and collective authorship." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:fba5022d-8647-4deb-91f3-8cd8c536bcfa.
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Many scholars have suggested that current copyright law is ill-equipped to the challenges of determining the authorship of collaborative work. This thesis analyses four case studies of large scale collaboration (Wikipedia, Indigenous art, scientific collaborations and film) in order to consider how best to determine the authorship of the creative works that they produce for the purposes of copyright law. Current scholarship and much of the case law has tended to favour a restrictive approach to the grant of joint authorship status, in order to minimise the number of potential authors of a work. This is motivated by instrumental/pragmatic concerns related to the ease of exploiting a copyright work. As joint authors are often joint first owners of copyright, proponents of this approach fear that a minor contributor might cause hold-up problems by refusing to consent to licence or assign their copyright interest. This thesis argues that an instrumental/pragmatic approach to the application of the joint authorship test is undesirable, because it distances the test both from the creativity reality of collective authorship and from copyright’s notion of the author. In addition, the instrumental/pragmatic approach relies upon assumptions about creators, the creative process and the exploitation of creative works which are not borne out in the case studies. Building on the insights from the four case studies, the thesis argues that the best approach to applying the joint authorship test to works of collective authorship is one that is inclusive (of all those who have made a more than de minimis contribution of creative choices to the protected expression) and contextual (in that it takes the context of creativity into account). In coming to this conclusion the thesis also offers broader lessons about the nature of authorship and the ongoing relevance of copyright law standards for the regulation of collaborative creativity.
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Akester, Patricia. "International copyright and the challenges of digital technology." Thesis, Queen Mary, University of London, 2002. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1389.
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Digital technology is challenging traditional copyright principles. Despite suggestions from a number of commentators that copyright cannot survive the challenge, this thesis aims to demonstrate that copyright can evolve and adapt rather than face elimination. This hypothesis is tested and illustrated by means of an examination of law in conjunction with technology, and by means of concrete examples. Analysis of the author's position in the face of digital technology requires firstly, an investigation of the way in which the existence and exercise of the author's copyright itself is affected by such technology, and secondly, an examination of how the author's standing in relation to dissemination of works generally is concerned (e.g. as regards freedom of speech). It is with the first of these aspects that this thesis is mainly concerned, although, for the sake of a more comprehensive view, some considerations on the second aspect are also advanced. This thesis examines challenges raised in the copyright field by digital technology and the consequential problems in relation to classification of subject matter, identification of authors, fixation and reproduction, the criterion of originality, the meaning of publication, recognition of moral rights, recognition of economic rights, exceptions and limitations, liability of service providers, authenticity of works, infringement, feasibility of enforcement and conflict of laws. Broader issues relating to Government and private control of access to the new media are also analysed. The analysis is focused on copyright subsistence as well as infringement. Furthermore, both the legal and the technological aspects are considered (with the aid of a comprehensive glossary of technological terms). The approach is one of law and technology in equal measure. In the context of these problems there follows a critical examination and comparison of the main national systems, the main international instruments, and the main regional instruments. This systematic survey seeks to encapsulate the work of learned authors in a concise manner, leading to certain proposals. The approach is one of criticism and selection of feasible and practical solutions. Nearly all elements of the proposed solutions exist already, albeit in a fragmented way. These solutions are based on law and on technology, and are formulated to apply in both the analogue and digital worlds. The thesis concludes that for an effective solution of the problems raised by digital technology, an international standard for copyright protection must be adopted, one apposite for the digital world. The thesis puts forward detailed suggestions towards the adoption of an International Digital Copyright Protection System, in the form of definitional, obligational, conflict of laws and technological proposals, whose common denominator is the will to find new answers for the digital challenges. The definitional proposals will clarify conceptual questions arising from the digital revolution. The obligational proposals will regulate the issue of exemptions from liability and duties of Internet service providers. The conflict of laws proposals will address the problems arising in connection with jurisdiction and applicable law on the Internet. The technological proposals will give practical effect to the system by focusing on deterrence and tracing of copyright infringement.
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Gallagher, Thomas. "An economic analysis of compulsory licensing in copyright law." Thesis, University of Oxford, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.396161.
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Khong, Wye Keen. "Essays on the law and economics of copyright protection." Thesis, University of Strathclyde, 2005. http://oleg.lib.strath.ac.uk:80/R/?func=dbin-jump-full&object_id=21607.
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This thesis consists of four essays titled "The Historical Law and Economics of the First Copyright Act", "Copyright Doctrines, Abstraction and Court Error", "Copyright Failure and the Protection for Tables and Compilations", and "Orphan Works, Abandonware and the Missing Market for Copyrighted Goods". The analytical methodology is characterised as law and economics, and additionally, two main themes are observable. One is the incorporation of historical record or analysis. This stems from the belief that good legal, as well as law and economic, analysis must not be devoid of its historical context. Therefore, an attempt is made to incorporate a historical perspective in every essay. The second observable theme is the emphasis on curbing the monopoly or market power of copyright owners, both in the descriptive and prescriptive senses. In the first two essays, statutory provisions and copyright doctrines are shown to have the intended effect of controlling the market power of copyright; in the last two essays, liability rule remedies are proposed as a possible solution to further reduce the welfare losses associated with copyright protection. Two general conclusions can be made. Copyright owners generally, and perhaps with the exception of databases, do not have strong market power for the reason that, since the first statutory copyright law and under various copyright doctrines, differentiated copyrighted works may be independently produced by other authors, thus giving rise to monopolistic competitive markets for copyrighted goods. The second conclusion is a normative one, namely that there are scopes for social welfare gain by protecting copyright, under certain situations, by a liability rule instead of the traditional property rule. Two specific situations are examined in this context: when the copyrighted work is a database, and when the copyrighted work is abandoned or orphaned.
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Correa, Carranza Laurin L. L. "The role of regional organisations in international copyright law." Thesis, Oxford Brookes University, 2015. https://radar.brookes.ac.uk/radar/items/5bc91268-35e4-41cd-98ed-35253aca220a/1/.
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This research will examine the role which regional organizations play for the implementation of the international copyright protection framework in their member states. This is done in order to gain an increased understanding of the impact that international and regional agreements have on national copyright legislation and its enforcement through national and regional courts. The issue of how copyright balance is reflected and implemented in these legal structures is of central importance to this research, since regional or national preferences can influence in which manner the creator’s or the user’s interests are represented in law. The theoretic concepts of constitutionalization (particularly in terms of institutionalization), embedded liberalism (as providing a theoretical link between social concerns and trade liberalization) as well as proportionality (in representation of the rights balancing done by courts) will be utilised in this research. The interconnected legal relationship of copyright will be examined utilizing the case studies of the European Union and the UK as well as the example of the Andean Community and Ecuador. In order to have an increased understanding of the difference in terms of implementation between being part of a regional union and not being a member state of such, the situation in Chile will also be part of this research and the comparative analysis. Chile is a case study which, through comparison with the legal and institutional framework of regional organizations, illustrates the situation of a country which is not part of a regional organization and entered into independent bilateral treaty obligations instead. These countries provide also a basis for considering the differences in preferences between developed and developing countries in the context of international and regional copyright protection. This can bridge the current gap in understanding of the particular effect that international and regional copyright legislation has on such countries. The conclusions and research findings of this research provide an insight into the importance that regional organizations have in shaping the legal framework of their members in accordance with a set of preferences in regards to copyright interests.
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Havlíková, Barbora. "Territorial Copyright Licenses for Audio-visual Content:Steps Towards Overruling the Principle of Copyright Territoriality?" Thesis, Uppsala universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-413118.
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The thesis evaluates the competition law and new legislation adopted under the Digital Single Market Strategy framework and itf effect on the principle of copyright territoriality and current territorial licensing practices. The interest of consumers to access cultural content, the interest of right holders to exploit their work in exchange for renumeration and interest of distributors to secure a broader audience and high income are interests which are taken into account. The thesis discusses how the EU legislation reflects and balance these interests. The thesis also discusses the role of principle of copyright territoriality for business and financial practices in the audio-visual industry.
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Cheung, Kwok-fu. "A study of copyright protection policy and the effectiveness of anti-piracy law enforcement in Hong Kong." Click to view the E-thesis via HKUTO, 1989. http://sunzi.lib.hku.hk/hkuto/record/B31975720.
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Alexander, I. J. "The metaphysics of the law : drawing the boundaries of copyright law 1710-1911." Thesis, University of Cambridge, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.595436.
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This dissertation examines the development of the scope of copyright law in the period between the Statute of Anne, 1710, and the Imperial Copyright Act, 1911. It traces the transformation of copyright from the narrow right to print and reprint books for a maximum period of twenty-eight years in 1710, to the extremely broad right to prevent a variety of uses of numerous different kinds of work for the duration of the life of the author of the work and fifty years thereafter in 1911. The dissertation investigates the way that the boundaries of copyright’s protection were drawn and re-drawn over this period. In particular, the dissertation closely considers the evolution of the law of infringement of copyright and the exceptions or defences that developed through the case law and were finally enacted into legislation in 1911. In pursuing this investigation, the dissertation offers a focused examination of the ways in which notions of “public interest” were instrumental in shaping the contour of copyright law. The notion of a balance, or bargain, between the rights of copyright owners and the interests of the public has become something of a mantra in modern times for judges, legislators, policy makers, lawyers and academic commentators in the field of copyright law. Recent historical work has concentrated on the nature and role of notions of authorship in copyright law, while the meaning of “public interest” is unexamined, or treated as self-explanatory. However, this dissertation demonstrates that the concepts of public interest is as contingent and shifting as the notion of authorship. This dissertation traces these shifts through several eras of copyright’s development which have already attracted scholarly comment, such as the Statute of Anne, the literary property debates of the late eighteenth century, and the making of the 1842 Copyright Act. It also considers some less well-document aspects of copyright history, including the making of the Imperial Copyright Act 1911 and, in particular, the development of the infringement and fair dealing provisions of that Act.
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Alexander, Isabella Jean. "'The metaphysics of the law' : drawing the boundaries of copyright law 1710-1911." Thesis, University of Cambridge, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.613698.
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Mudau, Sipho. "The copyright protection of online user-generated content." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/12935.
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Includes bibliographical references.Online social networking sites such as Facebook and YouTube allow creative works to be more easily copied and distributed. This type of content is generally referred to as user-generated content and its creation has become a major component of our daily routine. As a result, user-generated content has the potential to influence not just the nature of social interactions but methods of doing business. The advent of user-generated content poses new challenges to copyright law, the conventional medium of protecting these creative works. The global reach of the internet and the increasing ease of access thereto make infringement of original material more likely and more frequent. User-generated content is also surrounded by legal uncertainty in the areas of defamation and privacy. It is beyond the scope of this paper to deal in any depth with these issues. This dissertation will focus on the implications of user-generated content within the realm of copyright. Specifically, this paper examines whether South African copyright law, in its present state, adequately protect the rights and interests of content creators on one end and website owners and proprietors on the other. This assessment will be guided, in part, by judicial precedent and legislative policies adopted in other jurisdictions.
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Gillespie, Tarleton. "Sleight of hand : law, technology, and the moral deployment of authorship in the Napster and DeCSS copyright cases /." Diss., Connect to a 24 p. preview or request complete full text in PDF format. Access restricted to UC campuses, 2002. http://wwwlib.umi.com/cr/ucsd/fullcit?p3036996.
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Bouganim, Victor H. "The legal protection of databases from copyright to dataright." Thesis, Queen Mary, University of London, 1989. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1456.
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The vast and sweeping developments, which have occurred recently in the fields of computers, telecommunications and information technologies have stimulated the formation of a new global market of electronic information services and products, in which databases are principal components. Within the context of Intellectual Property Law, these advances challenge the traditional legal rules, resulting in ongoing reforms for adapting the law of intellectual property to the novel environment. Initiatives discussed in this study for determining the appropriate international legal standards for the protection of databases are the Agreement on Trade Related Aspects of Intellectual Property (1994), the present discussions in the World Intellectual Property Organisation (WIPO), and the European Union's Directive on the Legal Protection of Databases (1996). The last initiative constitutes the most comprehensive attempt to resolve the issues involved in the protection of databases within the realm of intellectual property law. A particular reference is made to international copyright law and its adequacy to provide a suitable legal regime for the protection of databases. Furthermore, the rules of database copyright law, as applied in the United Kingdom and the United States, are examined and compared in the light of the anticipated reforms derived from the above-mentioned initiatives. From these explorations, the thesis concludes that copyright law has a limited application in the protection of databases. Moreover, the copyright regime as applied to databases can lead to under-protection of certain databases and over-protection of others. Therefore, a tailor-made intellectual property regime, termed in this study as dataright, must be developed as an adequate response. The dataright regime as introduced in the above European Union Database Directive is thoroughly examined and compared to proposals made by WIPO and by the United States Congress, as well as to alternative models of database protection. The quest for the adequate dataright system is considered as a balance of rights among database producers and users to the extent that incentives for database creation and dissemination are secured without excessive effects on access to information and free competition. The debate of how to achieve this balance has focused on whether the appropriate approach is to adopt unfair competition law, or to introduce a sui generis exclusive-right regime. The thesis demonstrates that whichever starting point is adopted, the results are substantially similar on fundamental points. The research concludes with detailed suggestions towards the adoption of a proposed Dataright Treaty, thus reconciling competing approaches and producing an international database protection system, which is a necessity for the functioning of the global information market.
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Loverdou, Athina Fotini. "Copyright and freedom of expression : revising the Berne Convention." Thesis, Queen Mary, University of London, 2007. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1539.
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Commentators' views on the relationship between copyright law and the human right of freedom of expression are currently diverse. The root of the problem lies in the difficulty in balancing authors' rights with human rights in general and the right of freedom of expression in particular. The thesis aims to illustrate that copyright is challenging the effective recognition of the principles of human rights, in particular the individual's right of freedom of expression. This proposition is submitted through an analysis, carried out at the international, regional and national levels, of copyright and author's right laws in relation to the right of freedom of expression. At the three levels, the author's basic moral and economic rights are juxtaposed against another party's right of freedom of expression, indicating conflicts, current and potential, between the two sets of rights. Present limitations and exceptions to copyright law are examined in detail in order to determine whether, and if so to what extent, they effectively safeguard another party's right to freedom of expression vis-à-vis the author's rights. The fair use and fair dealing defences, the public interest aspect, the non-protection of ideas and the term of copyright protection are critically analysed to help unmask legal gaps and inconsistencies in this area under various international, regional and national laws. The thesis proposes that the Berne Convention (1971), generally regarded as the primary international copyright instrument, should be revised in order to alleviate the identified legal inconsistencies and conflicts between the two rights. On the basis that all human beings are entitled to human rights, the proposed revisions introduce firstly, the principle of non-discrimination, so that all authors are protected under the Convention, and secondly, the recognition in the Convention of the human right of freedom of expression, by providing that such right is taken into account in any proceedings concerning the application of the rights granted by the Convention.
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Mendelsohn, Allen. "A torrent of copyright infringement? Liability for BitTorrent file-sharers and file-sharing facilitators under current and proposed Canadian copyright law." Thesis, McGill University, 2011. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=96810.
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BitTorrent has become the primary means to share large files (movies, television shows, and music) over the internet. Canadian copyright law and jurisprudence have not kept pace with technology, and as a result there is no definitive pronouncement on the liability for copyright infringement of BitTorrent file-sharers, i.e. users, and file-sharing facilitators, i.e. Internet Service Providers (ISPs) and torrent search engines. Extrapolating from existing law and Canadian and foreign jurisprudence, I conclude that: (i) BitTorrent file-sharers are liable although there may be situations where fair dealing could apply; (ii) it may be possible to show ISPs are liable based on certain findings of fact; and (iii) torrent search engines should not be liable for infringement. There have been three successive attempts to reform copyright law that have addressed internet issues generally and file-sharing in particular. Under the most recent attempt, Bill C-32, file-sharers would be liable under the new "making available" right, and file-sharing facilitators could be liable under the new "enabling" concept of secondary infringement introduced with the bill.BitTorrent est devenu le principal moyen de partager des fichiers volumineux (films, émissions de télévision et musique) sur Internet. La loi canadienne sur le droit d'auteur et la jurisprudence n'ont pas suivi le rythme de la technologie, et conséquemment, on ne s'est pas prononcé définitivement quant à la responsabilité pour la violation des droits d'auteur des personnes partageant des fichiers par BitTorrent, i.e. utilisateurs, et facilitateurs de partage de fichiers, i.e. fournisseurs de services Internet (FSI) et moteurs de recherche torrent. En extrapolant à partir de la loi existante et de la jurisprudence canadienne et étrangère, je conclus que : (i) les personnes partageant des fichiers par BitTorrent engagent leur responsabilité quoiqu'il pourrait y avoir des situations où une utilisation équitable pourrait être justifiée; (ii) il peut être possible de démontrer que les FSI sont responsables en se fondant sur certaines constatations de faits; et (iii) les moteurs de recherche torrent ne devraient pas être tenus responsables des violations. Il y a eu trois tentatives successives de réforme de la loi sur le droit d'auteur qui ont traité de façon générale des questions reliées à l'Internet et du partage de fichiers en particulier. En vertu de la tentative la plus récente, le projet de loi C-32, les personnes partageant des fichiers seraient responsables sous le nouveau droit «de mise à la disposition» et les moteurs de recherche torrent et les FSI pourraient être responsables en vertu du nouveau concept de violation secondaire de «faciliter» introduit par ce projet de loi.
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Hsueh, Hsiao-Yin Josephine. "A long journey toward intellectual property protection : a case study of Taiwan's copyright law reform /." free to MU campus, to others for purchase, 2001. http://wwwlib.umi.com/cr/mo/fullcit?p3036831.
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Al-Kamali, Mohamed Mahmoud Ismael. "The development of intellectual property law in the United Arab Emirates." Thesis, University of Exeter, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.260720.
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