Academic literature on the topic 'Work under copyright law'

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Journal articles on the topic "Work under copyright law"

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Cuong, Nguyen Thai, and Nguyen Duc Nguyen Vy. "The Interpretations of Exceptions and Limitations Under Vietnamese Copyright Law in Case of Quotation of a Work." Vietnamese Journal of Legal Sciences 4, no. 1 (June 1, 2021): 34–45. http://dx.doi.org/10.2478/vjls-2021-0007.

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Abstract The exceptions and limitations in copyright law have been firmly established by the Berne Convention. Indeed, these foundations consolidate and facilitate the unification in protecting copyrights of member states’ domestic laws. Nevertheless, the understanding and interpretations of each member are notably different and inadvertently maintain the inconsistency in international law. On that basis, the article analyzes the practice of Berne Convention’s codification and application in Vietnamese laws and judicial practice. Thereafter, the article emphasizes that Vietnamese intellectual property law has attempted to internalize the Berne Convention’s provisions on the limitations and exceptions of copyright law and proposes solutions to ameliorate such attempts. The article then shows the practice in Vietnamese judgment in order to show how Vietnamese intellectual property law receive the provision of limitations and exceptions in copyright law.
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Albarashdi, Saleh Hamed, and Muhammed Masum Billah. "Restrictive Conditions for Free Uses of Copyrighted Materials under Omani Law and Their Implications for Users’ of Copyrighted Materials." Journal of Arts and Social Sciences [JASS] 10, no. 3 (December 31, 2019): 35. http://dx.doi.org/10.24200/jass.vol10iss3pp35-45.

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Omani Copyright and Neighboring Rights Law of 2008 contains a list of exceptions to the exclusive rights of copyright holders. These exceptions allow people to copy and use copyrighted materials in certain cases without paying any fees or obtaining any permission from the copyright holders. The exceptions cover free uses for purposes like teaching, education, quotation in another work, dissemination of news etc. However, the Omani Copyright and Neighboring Rights Law puts many conditions for such free uses. Some of these conditions mirror similar conditions under the Berne Convention and other copyright conventions to which Oman is a party. Other conditions under Omani law are more restrictive than those that appear under international conventions. These additional conditions restrict the scope of free uses of copyrighted materials in Oman. Yet, some countries like USA and Canada, despite their being parties to the same international conventions, have much wider exceptions under their national legislation. The paper, therefore, recommends that Oman should follow the legislative approach of those countries in order to widen the scope of copyright exceptions for the benefits of users of copyrighted materials in Oman.
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Gupta, Pallavi. "Educational Need vs Copyright Law." International Journal of Civic Engagement and Social Change 4, no. 1 (January 2017): 53–63. http://dx.doi.org/10.4018/ijcesc.2017010104.

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In India, can a research scholar or student or teacher get photocopies from the chapters of original text book of publishers for educational, research or teaching purpose? Whether reproduction of work or distribution of copies for educational purpose is permissible under Copyright Law or it infringes the copyright of publishers or it is “fair use” only? Is copyright a natural or divine right or only statutory, right? Whether use of reproduced copyrighted books is reasonable educational need? This paper objects to answer these questions after analysing the decision of Hon'ble Court given in the case of The Chancellor, Masters & Scholars of the University of Oxford & Ors. V/s Rameshwari Photocopy Services & Another on 16.09.2016 & 09.12.2016) against the international debate and in favour of students or researchers who cannot afford to read costly books published by international publishers.
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Mastura Muhammad Arif, Afida. "An analysis of copyright protection in Saudi Arabia." International Journal of Law and Management 56, no. 1 (February 4, 2014): 38–49. http://dx.doi.org/10.1108/ijlma-03-2012-0010.

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Purpose – This paper aims to explore the copyright laws of Saudi Arabia, illustrating the provisions governing the law. It seeks to outline Saudi Arabia copyright law within the framework of the international copyright protection, which include the Berne Convention and the TRIPS agreement. Design/methodology/approach – The paper is a thorough scrutinizing of the legal provisions of the Saudi Copyright Laws in regard to protected works, author's exclusive rights, lawful use of copyrighted works and the exceptions, mandatory licenses, duration of protection, provisions of infringements and penalties. The highlighted issue is concerning the exceptions in regard to public interest, particularly relating to education purposes. Findings – The paper finds that the Saudi Arabia Copyright Laws have met the requirement of the international copyright laws. The conditions for mandatory license and the 12 exceptions which permit lawful usage of copyrighted work under the copyright law without seeking the permission of the author are also in line with the international copyright laws, as public interest is the paramount consideration in exercising these exceptions. Originality/value – There is lack of study on copyright law in the Saudi Arabia per se. Therefore, this study on the Saudi Arabia copyright laws seeks to fill in this gap and to provoke further discussion on this issue. It should be useful to the academic community, particularly in the Saudi Arabia and the Gulf Cooperation Council countries.
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Weijie, Huang. "Introducing a Levy Scheme to Online Educational Use of Copyrighted Works." Journal of Educational Theory and Management 5, no. 2 (December 2, 2021): 51. http://dx.doi.org/10.26549/jetm.v5i2.7713.

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It is common for teachers to use others' copyrighted works for the purpose of teaching. The current copyright law in many nations only exempts educational use in the context of offline classroom teaching. The use of others’ copyrighted material in online teaching may still constitute copyright infringement. To protect teachers from the chilling effect of copyright infringement, to safeguard the public's freedom to obtain knowledge, and to ensure the commensurability of the profits and responsibilities of online teaching platforms, this paper proposes a levy scheme for online teaching. Under the levy scheme, teachers are free to use others’ published work for the purpose of online teaching, provided that such use does not conflict with a normal exploitation of the work and does not unreasonably prejudice the legitimate interest of the copyright owner. Online teaching platforms should remunerate the copyright owner of the work used in the platform according to the number of participants of the course that uses such work.
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Kedia, Yuliia. "Work of collaboration in the creation of literary works under the legislation of Ukraine and France." Theory and Practice of Intellectual Property, no. 6 (June 16, 2021): 24–30. http://dx.doi.org/10.33731/62020.233885.

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Kedya Y. Work of collaboration in the creation of literary works under the legislation of Ukraine and France. This article highlights particular legal frameworks, definition and practice of applicability of co-authorship (works done in collaboration) by publishers and co-authors. In addition, we will cover the differences between the co-authorship upon creation of a work and collective works. The analysis is based, inter alia, on comparison of French Ukrainian laws, thus, giving an opportunityto crystalize particular shortcomings and advantages of set forth by Ukrainian laws related to above matters.The research formulates a comprehensive overview of the defining and basic rulesof co-authorship, comparative analysis of (a) collective works with (b) works of collaboration,as well as analysis of shortcomings and advantages set forth by Ukrainianlaws. The author reviews and analyzes main provisions in Ukrainian legislation, suggestspossible solutions of the main problems, deliberates ways of laws developmentin future. The paper is based on author’s professional experience.Main conclusions of comparative analysis of legal regulation definition of co-authorship definition in Ukraine and France are as follows: •According to Intellectual Property Code of France only physical persons may be considered co-authors, including literary works. At the same time, Ukrainian law is silent on this matter. It must be noted that according to the Law of Ukraine «On Copyright and Related Rights» (the «Copyright Law»), co-authors are persons whose joint work creates a literary work. At the same time, the definition given to the author by said law limits creative participation to physical person;•The Copyright Law defines the concept and set forth the pre-conditions for co-authorship. However, unlike the French Code of Intellectual Property (Article L113-2), no due attention has been paid to the concept of a collective work. The authors believe that it is advisable to supplement Article 19 of the Copyright Law by (i) the definition of a collective work and (ii) to distinguish between the concepts of a composite work and a collective work;•It is necessary to harmonize the conclusion of an agreement between co-authors in the Civil Code of Ukraine and the Copyright Law;•Research uncovered certain flaws in the conclusion of agreements between co-authorson creation of a collective work;•Examining the Intellectual Property Code of France was helpful for finding the difference between collective works and co-authorship of a particular work.Key words: work of collaboration, composite work, collective work, copyright, intellectual rights, literary work
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Nabila, Sitti, and Sanusi Bintang. "Copyright Infringement in Youtube Under Indonesian and Malaysian Laws: The Cases of Aisyah Istri Rasulullah and Karna Su Sayang Songs." Syiah Kuala Law Journal 5, no. 1 (April 30, 2021): 41–49. http://dx.doi.org/10.24815/sklj.v5i1.20963.

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This study describe the prescription problems in the case of Aisyah Istri Rasullullah song constitute infringement under Indonesian Copyright Law No. 28 of 2014 on Copyright; Karna Su Sayang song constitute infringement under Malaysian Copyright Law Act 332 1987 and the implementation of the law regarding the dispute settlement of the Aisyah Istri Rasulullah song and Karna Su Sayang song. The normative legal research method was used in this research. The results of this study shows that the Aisyah Istri Rasulullah song ingfrings Article 5 and 9 Indonesian Copyright Law stipulate that is prohibited to take the advantage of the copyright work without the owner permission and use it for commercial and Karna Su Sayang song infrings Section 13 and 36 Malaysian Copyright law; There are many similarities between the infringing copy and original work, there is a causal relationship between the infringing work and original works, and the infringing is an essential part of the original work. The recommendation for Indonesia’s and Malaysia’s lawmakers is to revise the Copyright law, so that the copyright infringement on YouTube related the use of fair use and pirates from uploading content will get the strengthen sanction. And create more comprehensive policy regarding the protection of song and Music in YouTube to made the enforcement of the policy to become more effective.
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Courtney, Kyle K. "The state copyright conundrum: What’s your state government’s rule on copyright?" College & Research Libraries News 79, no. 10 (November 8, 2018): 571. http://dx.doi.org/10.5860/crln.79.10.571.

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U.S. copyright law has a unique place in the world regarding federal works and copyright. Federal copyright law states that “Copyright protection under this title is not available for any work of the United States Government.”1 This is a broad and clear statement that works of the federal government are in the public domain and are free for use by all.
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Юмашев, Юрий, Yuriy Yumashev, Елена Постникова, and Elena Postnikova. "CONTEMPORARY STATE OF GERMAN COPYRIGHT LAW." Journal of Foreign Legislation and Comparative Law 3, no. 3 (July 10, 2017): 54–60. http://dx.doi.org/10.12737/article_593fc343b1df17.24854769.

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This article analyzes the common problems of German copyright law (GCL). The authors begin with the concept of copyright law, emphasizing the personal, absolute and inalienable GCL. It operates on the basis of the so-called “monistic doctrine”, whereby its indivisibility and the creative individuality of the author play a vital role. Then the authors describe the sources of GCL (first of all, the Basic Law of Germany, the German Law on Copyright and Related Rights, the International Convention on Copyright, the Agreement on trade-related aspects of intellectual property rights (trips) concluded under the World Trade Organization (WTO), and the primary and secondary law of the European Union). Also there is an analysis of objects of GCL (copyrighted works) and their main elements: personal character, intellectual content, forms, and their perception of others. Original work must be the result of intellectual effort of the author, who is the subject of copyright. The content of the GCL, the mechanism of its regulation and the scope of its application, including the dates of validity are analyzed in present article. Special attention is paid to the peculiarities of copyright and publishing contracts, issues of related rights, as well as a distinctive trait of GCL – the societies for the collective management of copyright and related rights. Also the article addresses civil and criminal penalties for violations of the GCL. In conclusion the authors noted that the images of historically significant personalities can be published without their consent in a public and justice interests.
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Hugenholtz, P. Bernt, and João Pedro Quintais. "Copyright and Artificial Creation: Does EU Copyright Law Protect AI-Assisted Output?" IIC - International Review of Intellectual Property and Competition Law 52, no. 9 (October 2021): 1190–216. http://dx.doi.org/10.1007/s40319-021-01115-0.

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AbstractThis article queries whether and to what extent works produced with the aid of AI systems – AI-assisted output – are protected under EU copyright standards. We carry out a doctrinal legal analysis to scrutinise the concepts of “work”, “originality” and “creative freedom”, as well as the notion of authorship, as set forth in the EU copyright acquis and developed in the case-law of the Court of Justice. On this basis, we develop a four-step test to assess whether AI-assisted output qualifies as an original work of authorship under EU law, and how the existing rules on authorship may apply. Our conclusion is that current EU copyright rules are generally suitable and sufficiently flexible to deal with the challenges posed by AI-assisted output.
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Dissertations / Theses on the topic "Work under copyright law"

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Makarowski, Felix. "AI and creative machines : copyright protection for AI generated works under EU and Swedish law." Thesis, Uppsala universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-376798.

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The purpose of this thesis is to examine questions related to copyright protection of worksgenerated by artificial intelligence (AI) under EU and Swedish law. The first question that is examined in this thesis is whether works created by AI are at all eligiblefor copyright protection in Sweden and who is the creator of such works: the human behind theAI, the AI itself, both, or perhaps nobody. To determine who the creator of an AI generated workis, the term creator is first defined. The definition is then be applied to two cases. In the firstcase, a human and an AI collaborate to create a work. In the second case, the AI creates a workwithout the involvement of a human. Issues related to ownership of AI generated works are alsodiscussed. The second question that is examined in this thesis is whether there is a need for copyrightreform and how such reform could be achieved. The problems with the existing legal frameworkfor copyright protection are listed. Different solutions or methods for reform are then discussed.Finally, a discussion is held on whether copyright reform is actually needed and what solutionmight best achieve the desired goals.
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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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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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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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Honkasalo, Pessi. "Software linking as alteration : framework for assessment under European copyright law." Thesis, University of Surrey, 2012. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.559222.

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There is considerable uncertainty as to the legal consequences of software linking, in other words incorporating one computer program by reference into another, in relation to copyright: The substantive argument made in this work is that, in the European Union, these claims would be most naturally assessed as alteration under Article 4(1) (b) of the Computer Programs Directive 2009/24, which provides that the exclusive rights of the right holder include the right to do or to authorise any alteration of a computer program. Such a proposition raises two issues. First is theoretical: Can the act of developing a computer program that makes calls to another program so as to utilise code contained therein constitute alteration in the sense that it would be an act of primary infringement? If so, the tort is complete before operation of the programs on the users' computer. Secondly, how, and according to which crite- ria, should software linking be assessed in practice? This thesis proposes a framework for the above in accordance with the copyright law of the EU. The methods used in the present study consist of doctrinal research calling on authorities and commentary from several jurisdictions in Europe and the United States. This involves legislation and legislative materials as well as case law of European and national courts, on which interpretations and systematisations build. The us provides valuable data with which to test the propositions, but this is not a comparative review; examination of foreign law is subservient to the doctrinal enquiry. The main conclusions set forth a logical test, consisting both of substance and of form, which proceeds from the existence of a protected work and a restricted act via a balancing stage of substantial similarity to possible defences. Instead of bright-line rules, the assessment must be based on more flexible legal standards.
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Kell, David. "The exclusion of immoral and illegal subject matter from protection under intellectual property law." Thesis, University of Oxford, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.260685.

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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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Yun, Zhang. "The comparison of Chinese and British copyright law under the Berne Convention." Thesis, University of Aberdeen, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.429452.

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These articles discuss various aspects of copyright protected under the Berne Convention for the Protection of Literary and Artistic Works, the Copyright Law of the People’s Republic of China and Copyright, Design and Patent Act 1988 and the central theme is to compare the differences and similarities between Chinese and British copyright law under the Berne Convention.  These problems are particularly acute after China’s admission to the World Trade Organization, such as the commitments made by Chinese government to protect copyright works of other member states. In the Introduction, the general structure of this dissertation is described.  Chapter 2, 3 and 4 mainly answer the following questions: (1) what is protected?  (2) who is protected?  (3) how long is protected?  (4) how much is to protect?  And (5) how to protect?  Chapter 2 is concerned with the copyright of Union authors and non-Union authors protected under the Berne Convention, which requires member states to follow the principle of national treatment.  Chapter 3 generally introduces authors’ rights under British copyright law, the authors’ rights has been affected so much by European copyright directives in many ways, for example, protection terms, authorship of cinematographic works, right of reproduction, right of rental and the like.  Chapter 4 addresses authors’ copyrights under the new amendment of Chinese copyright law before China’ admission to the World Trade Organization.  Chinese copyright law has been adjusted to the Berne Convention’s requirement.  The end of this chapter emphasizes on the introduction to the legal system of Chinese copyright protection.  Chapter 5 contains a comparison of Chinese and British copyright law, this chapter mainly compares the differences and similarities with regard to the authorship of works, protection terms, economic and moral rights, remedies and legal systems of copyright protection.  The dissertation concludes with the observation that some view of the points be put forward to the issue of copyright, such as the originality, national treatment, protection term and rights protected, legal systems and litigations.
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Lekhawatthanapong, Thattaporn. "Establishing statutory ground for the public interest defence under international copyright law." Thesis, University of Nottingham, 2018. http://eprints.nottingham.ac.uk/50736/.

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Maintaining a fair balance between individuals’ interests and the public interest is arguably believed to be the most effective approach in serving the ultimate objective of copyright: to promote social, economic and cultural development for the benefit of both rightsholders and the public at large. Through this balanced approach, creativity can be maximised and thrive better than by tilting towards one or the other. In copyright law, such balance is reflected by the way in which the short-term grant of exclusive rights respects the long-term public interest represented by limitations and exceptions to copyright. Despite an unclear and non-uniform definition and scope, the importance of the public interest has been implicitly and explicitly recognised through disparate forms of safeguards in different jurisdictions. However, the last few decades have seen a rapid development of information technologies which, in turn, has contributed to an unparalleled legislative drive at international level towards overprotecting the interests of rightsholders. This has then left the public interest under-protected and now constitutes an imbalance of copyright. This thesis therefore examines legislative intervention into the international copyright regime in an attempt to ensure that the public interest is uniformly and mandatorily safeguarded at international level. In particular, it strives to establish an overarching public interest defence capable of protecting certain aspects of public values embedded in copyright works. In achieving this, the thesis examines the scope of the defence, what it should entail, and what aspects are to be taken into account in the course of formulating and giving effect to the defence. The substantive chapters investigate the public policy grounds, the right to freedom of expression and the international three-step test, i.e. the roles they play in shaping the latitude and operations of the defence, respectively. Finally, the thesis also evaluates different ways in which the defence can be incorporated into the international copyright regime in order to effectively counterbalance the rightsholder-centric tendency and restore the balance of copyright.
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He, Jiong. "The protection of the communication right concerning Internet Service Provider's infringement under Chinese Copyright Law." Thesis, Available from the University of Aberdeen Library and Historic Collections Digital Resources. Restricted: no access until June 24, 2012, 2009. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?application=DIGITOOL-3&owner=resourcediscovery&custom_att_2=simple_viewer&pid=53331.

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Books on the topic "Work under copyright law"

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Chappell, F. P. A handy-book of the law of copyright: Comprising literary, dramatic, and musical copyright, and copyright in engravings, sculpture, and works of art : with an appendix containing the statutes, convention with France, and forms under 25 & 26 vict. c. 68. Littleton, Colo: F.B. Rothman, 1990.

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United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Patents, Copyrights, and Trademarks. The Technology Transfer Improvements Act: Hearing before the Subcommittee on Patents, Copyrights, and Trademarks of the Committee on the Judiciary, United States Senate, One Hundred Second Congress, second session, on S. 1581, a bill to amend the Stevenson-Wydler Technology Innovation Act of 1980 to enhance technology transfer for works prepared under certain cooperative research and development agreements, July 28, 1992. Washington: U.S. G.P.O., 1993.

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United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Patents, Copyrights, and Trademarks. The Technology Transfer Improvements Act: Hearing before the Subcommittee on Patents, Copyrights, and Trademarks of the Committee on the Judiciary, United States Senate, One Hundred Second Congress, second session, on S. 1581, a bill to amend the Stevenson-Wydler Technology Innovation Act of 1980 to enhance technology transfer for works prepared under certain cooperative research and development agreements, July 28, 1992. Washington: U.S. G.P.O., 1993.

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Chickering, Robert B. How to register a copyright and protect your creative work: A basic guide to the copyright law and how it affects anyone who wants to protect creative work. New York: Scribner, 1987.

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Acs, Gregory. Does work pay?: An analysis of the work incentives under TANF. Washington, D.C: Urban Institute, 1998.

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Makeen, Makeen Fouad. Copyright in a global information society: The scope of copyright protection under international, US, UK, and French law. The Hague: Kluwer Law International, 2000.

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Work assignment disputes under the National Labor Relations Act. Ann Arbor, Mich: Center for Jurisdictional Studies, 1985.

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Gwisai, Munyaradzi. Labour & employment law in Zimbabwe: Relations of work under neo-colonial capitalism. Harare, Zimbabwe: Zimbabwe Labour Centre and Institute of Commercial Law, University of Zimbabwe, 2006.

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Labour & employment law in Zimbabwe: Relations of work under neo-colonial capitalism. Harare, Zimbabwe: Zimbabwe Labour Centre and Institute of Commercial Law, University of Zimbabwe, 2006.

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Hor, Joydeep. Managing termination of employment: A best practice guide under Work Choices. Sydney: CCH Australia, 2007.

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Book chapters on the topic "Work under copyright law"

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Unni, V. K. "Software Protection Under Copyright Law." In Copyright Law in the Digital World, 185–203. Singapore: Springer Singapore, 2017. http://dx.doi.org/10.1007/978-981-10-3984-3_9.

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O’Flanagan, Michael. "Photographers’ and photograph publishers’ rights under copyright law." In Photography and the Law, 30–84. New York, NY : Routledge, 2019. | Series: Routledge research in media law: Routledge, 2018. http://dx.doi.org/10.4324/9780429468391-3.

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McCutcheon, Jani. "Disability exceptions under Australian copyright and moral rights law." In International Perspectives on Disability Exceptions in Copyright Law and the Visual Arts, 123–37. Abingdon, Oxon ; New York, NY : Routledge, [2020]: Routledge, 2020. http://dx.doi.org/10.4324/9780429342677-14.

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Leistner, Matthias. "Dependent Patents Under Art. 31 TRIPS: Lessons from Copyright Law." In MPI Studies on Intellectual Property and Competition Law, 581–99. Berlin, Heidelberg: Springer Berlin Heidelberg, 2016. http://dx.doi.org/10.1007/978-3-662-48107-3_18.

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Sarumi, Rofiah Ololade, and Ann Strode. "Audit of the Frameworks for the Regulation of Legal Guardianship of Children Under International Law." In SpringerBriefs in Social Work, 13–23. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-76559-4_2.

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Zhang, Tietie. "Making ad hoc arbitration work in China under its current law." In Ad Hoc Arbitration in China, 81–94. Abingdon, Oxon [UK]; New York, NY: Routledge, 2018.: Routledge, 2018. http://dx.doi.org/10.4324/9781351185837-5.

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Paramythiotis, Yannos. "Fairness in Copyright Contract Law: Remuneration for Authors and Performers Under the Copyright in the Digital Single Market Directive." In EU Internet Law in the Digital Single Market, 77–97. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-69583-5_4.

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Sakthivel, M. "Communication to the Public Under Copyright Law and the Impact of Information and Communication Technologies: An Analysis." In Contemporary Issues in International Law, 325–29. Singapore: Springer Singapore, 2018. http://dx.doi.org/10.1007/978-981-10-6277-3_22.

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Press, Tim. "2. Copyright." In Intellectual Property Law Concentrate. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198803881.003.0002.

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This chapter defines copyright as arising whenever a work is created under qualifying conditions. The Copyright, Designs, and Patents Act 1988 (CDPA) defines eight types of work that fall under two categories: works that must be original or ‘authorial works’, including literary works, dramatic works, musical works, and artistic works; and works that need not be original or ‘entrepreneurial works’: films, sound recordings, broadcasts, and the typographical arrangement of published editions. Copyright is infringed by copying or communicating the whole or a substantial part of a work—referred to as primary infringement—or by dealing in infringing copies of a work-referred to as secondary infringement. There are some major and many minor defences to copyright infringement including the ‘fair dealing’ defences and the public interest. Many aspects of copyright law have been harmonized by the European Union.
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Lloyd, Ian J. "16. Copyright protection." In Information Technology Law, 271–320. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198830559.003.0016.

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This chapter discusses protection under the law of copyright. Topics covered include copyright basics; obtaining copyright; forms of protected work; the requirement of originality; copyright ownership; copyright infringement; the nature of copying; other rights belonging to the copyright owner; the development of software copyright; and literal and non-literal copying. The law of copyright is perhaps the major branch of intellectual property law relevant to computer software. Virtually every piece of software will be protected by copyright. The main issue concerns the extent of the protection that is offered. Computer programs are generally protected as literary works. This was appropriate in the early days where computers performed essentially functional tasks – often associated with mathematical calculations. It is arguable that modern software, which often makes extensive use of graphical images, is more akin to an artistic work than a literary one. Regardless of categorization, the courts in the United Kingdom have applied a narrow interpretation of the scope of copyright. Reproduction of the underlying code will be unlawful but replication through independent work of the effects produced by the code (often referred to a non-literal copying) will not.
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Conference papers on the topic "Work under copyright law"

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Tallova, Lydie. "VALIDITY AND LEGAL EFFECT OF PUBLISHING LICENSE AGREEMENTS ACCORDING TO NEW CZECH LEGISLATION." In NORDSCI Conference Proceedings. Saima Consult Ltd, 2021. http://dx.doi.org/10.32008/nordsci2021/b2/v4/26.

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"This contribution focuses on the new legislation on the publishing license agreement in the Czech Republic. Given the legislative history and its importance in the copyright obligation area, this type of agreement occupies an essential position. The publishing license agreement is the oldest kind of license agreement. It dates back more than sixty years to earlier of the Czech legislation. Since 1953, it has been embedded in the the copyright law as a special subtype of copyright agreements. After the recent reform of the Czech private law, this legal body underwent a fundamental legislative change consisting of the transfer of this piece of legislation from the copyright law to the New Civil Code in order to unify the duality of the previous license agreement legislation formerly embedded in two legal norms of the Czech legal system. While the license provisions for literary, artistic and scientific works were contained in the copyright law provisions, the legal protection for industrial property objects, including corresponding license provisions, were subject to the commercial code. In connection with the private law reform, the New Civil Code came into effect on 1 January 2014 and its framework provided the lawmakers with a chance to unify the previously fragmented license agreement legislation into a single legal provision, while at the same time respecting the particularities of the license under copyright law. The unified license agreement legislation for commercial and civil relations in connection with the reform of local private law is newly defined in Sec. 2358 and 2389 of New Civil Code (Act No. 89/2012 Sb.), while the publishing license agreement provisions are defined in a special provision in Sec. 2384 and 2386 thereof. The new legislation has adopted the previous legislation from both special acts without any fundamental changes. However, minor changes are introduced to licensing law in the Czech Republic which are further specified in this paper. The issue under review is set in a theoretical framework and simultaneously depicted in a historical context. This paper presents the topic in its complexity by highlighting the overlap of the introduced changes in license agreement legislation with other provisions of the private law."
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Battalova, Sania. "The right to reading: The principles of the Marrakesh Treaty in Russia." In The Book. Culture. Education. Innovations. Russian National Public Library for Science and Technology, 2020. http://dx.doi.org/10.33186/978-5-85638-223-4-2020-38-43.

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The Marrakesh Treaty on facilitating access for blind and visually impaired people and people with print disabilities to published works is one of the first international treaties in copyright aimed at widening the access to printed works under the copyright for up to 300 million people with print disabilities. The member states are to amend their national laws correspondingly. Russia ratified the Treaty in November, 2017 2 [4] and on May 8, 2018, the Treaty will come into effect in this country. By doing this, Russia accepts responsibility to eliminate legislative barriers preventing inequality of blind, visually impaired people and persons with print disabilities in the access to books and other materials and widening this access. The key Treaty provisions are analyzed; amendments to and provisions of the RF copyright law are discussed as they are to enable the libraries and other organizations to provide the rights to equal access to the information and knowledge for the target groups of population.
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Fiesler, Casey, Jessica L. Feuston, and Amy S. Bruckman. "Understanding Copyright Law in Online Creative Communities." In CSCW '15: Computer Supported Cooperative Work and Social Computing. New York, NY, USA: ACM, 2015. http://dx.doi.org/10.1145/2675133.2675234.

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Treder, Malwina. "OFFENCES UNDER POLISH LAW ON COPYRIGHT AND RELATED RIGHTS." In 4th International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM2017. Stef92 Technology, 2017. http://dx.doi.org/10.5593/sgemsocial2017/12/s02.075.

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Feraci, Ornella. "International Jurisdiction Over Online Copyright Infringements Under EU Private International Law." In Annual International Conference on Law, Regulations and Public Policy. Global Science & Technology Forum (GSTF), 2015. http://dx.doi.org/10.5176/2251-3809_lrpp15.50.

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Alemina, Emia, Budi Santoso, and Sukirno Sukirno. "Copyright Legal Protection of Writing Work on the Site of omgjakarta.com: Law Number 28 of 2014." In 1st International Conference on Science and Technology in Administration and Management Information, ICSTIAMI 2019, 17-18 July 2019, Jakarta, Indonesia. EAI, 2021. http://dx.doi.org/10.4108/eai.17-7-2019.2303357.

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Popa, Isabela Delia. "MORAL HARASSMENT AT WORK UNDER THE FRENCH LEGAL SYSTEM - ANALYSIS OF RELEVANT CASE LAW." In 2nd International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM2015. Stef92 Technology, 2015. http://dx.doi.org/10.5593/sgemsocial2015/b21/s5.077.

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Eller, Dan, Richard Gearhart, and Bill Loving. "Right of Way: Problems at the Intersection of Cultural Institutions and News Media under Copyright Law." In 2nd Annual International Conference on Journalism & Mass Communications (JMComm 2013). Global Science and Technology Forum, 2013. http://dx.doi.org/10.5176/2301-3710_jmcomm13.56.

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Shirvaniyan, Mariyana. "NORMATIVE GROUNDS FOR KOMPENSATION FOR ACCIDENT AT WORK." In THE LAW AND THE BUSINESS IN THE CONTEMPORARY SOCIETY 2020. University publishing house "Science and Economics", University of Economics - Varna, 2020. http://dx.doi.org/10.36997/lbcs2020.120.

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The report reviews some normative acts and the provisions contained in them regarding the right to compensation for an accident at work of persons employed under an employment or official legal relationship.
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Sholehaturidlo, Syafrinaldi, and Abd Thalib. "Legal Protection Towards Copyrighted Music and Song by Websites That Offers Copyrighted Infringing Content Under Indonesian Copyright Law." In 1st UMGESHIC International Seminar on Health, Social Science and Humanities (UMGESHIC-ISHSSH 2020). Paris, France: Atlantis Press, 2021. http://dx.doi.org/10.2991/assehr.k.211020.114.

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Reports on the topic "Work under copyright law"

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Kelly, Luke. Lessons Learned on Cultural Heritage Protection in Conflict and Protracted Crisis. Institute of Development Studies (IDS), April 2021. http://dx.doi.org/10.19088/k4d.2021.068.

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This rapid review examines evidence on the lessons learned from initiatives aimed at embedding better understanding of cultural heritage protection within international monitoring, reporting and response efforts in conflict and protracted crisis. The report uses the terms cultural property and cultural heritage interchangeably. Since the signing of the Hague Treaty in 1954, there has bee a shift from 'cultural property' to 'cultural heritage'. Culture is seen less as 'property' and more in terms of 'ways of life'. However, in much of the literature and for the purposes of this review, cultural property and cultural heritage are used interchangeably. Tangible and intangible cultural heritage incorporates many things, from buildings of globally recognised aesthetic and historic value to places or practices important to a particular community or group. Heritage protection can be supported through a number of frameworks international humanitarian law, human rights law, and peacebuilding, in addition to being supported through networks of the cultural and heritage professions. The report briefly outlines some of the main international legal instruments and approaches involved in cultural heritage protection in section 2. Cultural heritage protection is carried out by national cultural heritage professionals, international bodies and non-governmental organisations (NGOs) as well as citizens. States and intergovernmental organisations may support cultural heritage protection, either bilaterally or by supporting international organisations. The armed forces may also include the protection of cultural heritage in some operations in line with their obligations under international law. In the third section, this report outlines broad lessons on the institutional capacity and politics underpinning cultural protection work (e.g. the strength of legal protections; institutional mandates; production and deployment of knowledge; networks of interested parties); the different approaches were taken; the efficacy of different approaches; and the interface between international and local approaches to heritage protection.
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Meneses, Juan Francisco, and José Luis Saboin. Growth Recoveries (from Collapses). Inter-American Development Bank, July 2021. http://dx.doi.org/10.18235/0003419.

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This paper analyzes the behavior of a long list of economic variables during episodes of recovery from an economic collapse. A set of stylized facts is proposed so as to depict what in this work is called \saygrowth recoveries. Through different estimation techniques, it is inferred under which conditions and policies the likelihood of experiencing a growth recovery increases. The results of the paper indicate that collapses tend to occur in countries with high dependence on natural resource rents, macroeconomic mismanagement, low levels of democratic accountability and rule of law and high levels of conflict. Recoveries, on the other hand, tend to be longer than collapses and are more likely to occur in contexts of: improved external conditions, less natural resource rents, balanced fiscal accounts, where the exchange rate corrects but within a more fixed exchange rate regime and a more restricted financial account, and where there are: rebounds in private consumption, increases in international trade and improvements on property rights.
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