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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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Fiesler, Casey. "The role of copyright in online creative communities: law, norms, and policy." Diss., Georgia Institute of Technology, 2015. http://hdl.handle.net/1853/53937.
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Many sources of rules govern our interactions with technology and our behavior online—law, ethical guidelines, community norms, website policies—and they do not always agree. This is particularly true in the context of content production because copyright law represents a collection of complex policies that often do not always account for the ways that people use and re-use digital media. Within legal gray areas, people make decisions every day about what is allowed, often negotiating multiple sources of rules. How do content creators make decisions about what they can and cannot do when faced with unclear rules, and how does the law (and perceptions of the law) impact technology use, creativity, and online interaction? Combining in-depth interviews, large-scale content analysis, and surveys, my work examines the complex relationship between law, site policy, norms, and technology. This dissertation provides a better understanding of how content creators engage with copyright and how norms organically form within communities of creators. It concludes with a set of design and policy recommendations for online community designers to help better support current practices among content creators.
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Podgornaia, Kseniia. "Ruská a česká specifika ochrany autorského práva v oblasti audiovize." Master's thesis, Vysoká škola ekonomická v Praze, 2015. http://www.nusl.cz/ntk/nusl-204968.
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The significant part of the diploma thesis is oriented on the aspects of audiovisual content copyright law and the illegal usage in two countries, such as Czech Republic and Russia. The main task is to concentrate on pros and cons of their copyright law protection against content rights infringing, i.e. piracy. For deeper analysis, Czech and Russian laws investigation in details is to be made in relation to the law enforcement to the audiovisual content. Then the comparison of the punishments for the copyright law infringement is to be provided and the results of antipiracy activities within appropriate organizations in mentioned countries is to be considered. Subsequently the theoretical part is to be applied in concrete cases of court practices and finally the conclusion of the whole work is to be made. The value of the diploma thesis lies in the attempt of answering the questions, why piracy still exists in the chosen countries. This question is connected to antipiracy actions and their possible obstructions.
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Ekkayokkaya, Tanaphot. "Analysis of the legality of 'reverse engineering' of computer programs under the copyright designs and patents act 1988 : an approach for the future." Thesis, University of Southampton, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.273990.
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Thetsidaeng, Chotima. "User-generated content and Copyright Dilemma in Web 2.0 Era : Should the Specific Exception be introduced in The EU?" Thesis, Uppsala universitet, Juridiska institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-385452.
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It is undeniable that internet nowadays is part of our life and community. Internet opens door for expression of ideas and opinions which can both be given and taken freely. Moreover, with the rise of the new internet model, Web 2.0, the platform becomes wider and more interactive which has an effect on the copyright aspect all over the world. User-generated content was soon born as a result of Web 2.0 and caused unsolvable legal issues in the copyright regime due to its transformative nature which acts in contrary to the exclusive right of the author. This thesis paper seeks the best solutions for the complicated nature of user-generated content in online platform which has been causing legal tension in copyright law for quite some time. The paper will focus mainly in the scope of EU copyright law as well as Thai copyright law. The Canadian new specific exception for user-generated content and its semi-open “fair dealing” exception will be discussed as a possible approach to the solution. Moreover, Human rights aspect in scope of freedom of expression will be analyzed in order to find the balance between the copyright and human rights in the most effective way to serve the core purpose of copyright law.
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Dysart, Thomas. "Systems within systems : free and open source software licences under German and United States law." Thesis, University of Oxford, 2017. http://ora.ox.ac.uk/objects/uuid:4632118c-1ef6-47b9-ac89-2b3c7889f881.
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Free and Open Source Software (FOSS) licences channel the exclusionary and individualising force of copyright to establish a qualitatively different, somewhat subversive, system for the exploitation of software. This thesis examines how it is that FOSS licences establish this 'system within a system' under both German and United States law. The inquiry begins with a detailed examination of FOSS licence templates as the instruments which transform code from its default position as the 'res' of proprietary relations to its status as 'open' or 'free'. The thesis then considers whether FOSS licence templates, as the legal basis for this subversive move, are valid and enforceable under domestic law. In addressing this question, the thesis undertakes a critical analysis of the leading case law in each jurisdiction. Going beyond the immediate case law, the thesis considers the broader systemic effects of FOSS licence enforcement. It highlights how building a system within a system foments certain tensions and contradictions within the law, in turn giving rise to unintended consequences and legal uncertainty. By highlighting these tensions, the thesis argues that the questions of FOSS licence enforcement in Germany and the United States may not be as settled as some may think.
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Murillo, Chávez Javier André. "The incomplete puzzle. The missing rule and ruling about the protection by copyright of characters and objects of the work." Pontificia Universidad Católica del Perú, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/115696.
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This article analyzes the missing rule and ruling about the protection of characters and fictional objects which are part of works covered by copyright. The author systematizes the criteria used in the administrative jurisprudence for conflicts between the intellectual property and the industrial property to extract specific rules in cases that involve fictional objects and characters, establishing and proposing criteria to find out the originality of these elements.El presente artículo analiza la omisión normativa y jurisprudencial sobre la protección de los personajes y objetos de ficción que son parte de las obras protegidas por el régimen de derecho de autor. El autor sistematiza los criterios utilizados en los casos de jurisprudencia administrativa en conflictos existentes entre la propiedad intelectual y la propiedad industrial para extraer las reglas específicas existentes en casos que involucran objetos de ficción y personajes, estableciendo y proponiendo criterios para encontrar la originalidad de estos elementos.
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Bukatz, Tamara. "The practical difficulties of applying current trade mark law, actions for passing off and copyright law to literary fictional characters per se, independent of the original work." Thesis, Bangor University, 2017. https://research.bangor.ac.uk/portal/en/theses/the-practical-difficulties-of-applying-current-trade-mark-law-actions-for-passing-off-and-copyright-law-to-literary-fictional-characters-per-se-independent-of-the-original-work(a440313e-8f53-43ad-8c44-7ee1f5426011).html.
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Fictional characters have a gigantic commercial and social appeal. Fans create fanfiction and other transformative works. Professionals create films, plays and artwork or literary, musical, and other works based on the underlying work by another author. These professionals as well as third parties are involved in character merchandising. Disney reported a revenue of USD 45.2 billion just for retail sales of worldwide licensed products in 2014. The appeal of fictional characters is not limited to artistic fictional characters (AFCs), but also encompasses literary fictional characters (LFCs), such as ‘Harry Potter’ and ’The Doctor’. The plot-independent protection of LFCs is more challenging than AFCs, because of their representation in words instead of images. Non-graphic representation inevitably leaves more to the imagination of the reader. Regardless, authors’ interests in their LFCs are worth protecting. Copyright is more appropriate than trade mark law and actions for passing off when it comes to the protection of authors against unauthorized exploitation of LFCs per se for new professional literary and other works, fanfiction, mash-ups or other transformative works by amateur content creators, as well as unauthorized character merchandise. Copyright vests in the author automatically. No formalities are required. No cost is involved. Moreover, under copyright law LFCs would benefit from a set of moral rights, which could protect the LFC per se i.a. against unsavoury distortion or attribution to another than its creator. Trade mark law is ill equipped for the protection of LFCs, i.a. because names of LFCs are often devoid of distinctiveness and are descriptive of posters, notebooks, and similar products which feature the characters. Passing off actions are also suboptimal. Like trade marks, an action for passing off is also trader orientated instead of author orientated. This leads to an imbalance favouring whoever fulfils the criteria for a claim that the tort passing off has been committed. Thus, even a free-riding trader can claim protection against the author who actually created the LFC. However, in order to accommodate copyrightability of LFCs per se, a combination of judicial re-interpretation and changes to the Copyright, Designs and Patents Act 1988 are required. These are set out in this thesis. The effect of the ‘new‘ originality standard (‘the author’s own intellectual creation‘) on LFC copyrightability shall be discussed as well. Both foreign common law jurisdictions (namely Canada and the USA) as well as civil law jurisdictions (namely Germany and France) provide insights into the protection of LFCs by copyright. Each country has its own strong points to offer: In Canada, LFCs are copyrightable, if they are distinct and recognized by the public. Moreover, an exception concerning user-generated content, which affects fanfiction, was introduced into the Canadian Copyright Act 1985 by the Copyright Modernization Act 2012. In the USA, LFCs have been protected since 1930 and two tests have been developed to judge LFC copyrightability. In Germany, quite a number of copyright cases concerning LFCs, in particular with regard to character merchandising, have been decided. Even the Supreme Court held that LFCs can attract copyright. In France, LFCs can enjoy copyright protection even after the economic rights have expired, because the moral rights last indefinitely. In addition to critically evaluating how LFCs could be protected by copyright plot-independently, this thesis also considers how further legal certainty could be provided for parties intending to reuse existing LFCs. In this regard, this thesis looks i.a. into the viability of an extension of PLSclear in collaboration with the Copyright Hub to licensing of LFCs via this system.
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Helmi, Amr Shoukry. "The enforcement of digital copyright in Egypt : the role and liability of internet service providers." Thesis, Brunel University, 2013. http://bura.brunel.ac.uk/handle/2438/12628.
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The thesis examines to what extent copyright holders can enforce the online reproduction and communication rights against online service providers in Egypt. The objective of the thesis is therefore to highlight that the existing Egyptian copyright law 2002/82 is insufficient to impose liability on internet service providers, both substantively and also with regards to enforcement. Various recommendations are thus made to improve the legislative framework in Egypt, all with a view of achieving that a fair balance is struck for all those parties, who/which are involved in digital communications, particularly online end users, so that their rights to online privacy and access to information are preserved. For this purpose, a comparative methodology has been adopted and recourse is made to US and European laws. This comparative approach is further complemented by a critical examination of existing deficiencies within the legislative liability regime for internet service providers in the US and Europe in order to ensure that foreign laws are not merely transplanted, but that the best and most suitable legislative framework is adopted by the Egyptian legislator.
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Rüdisser, Michèle F. "Boards of directors at work : an integral analysis of nontransferable duties under Swiss company law from an economic perspective /." [S.l.] : [s.n.], 2009. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=018680407&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.
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Havelkova, Barbara. "Gender in law under and after state socialism : the example of the Czech Republic." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:257dea4e-40ea-4ca0-ae4b-4e99ad4b88a6.
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The thesis examines the expressions and origins of negative attitudes to gender equality in the Czech Republic, which have been noticeable especially in the process of implementation of the EU sex equality acquis. It asks whether and how they can be explained with reference to socio-legal developments that started during Czechoslovakia’s State Socialist past, but are still relevant today. In order to answer these research questions, the thesis examines how gender equality has been regulated through law and how it has been understood by law-makers, judges and legal scholars in Czechoslovakia and the Czech Republic during State Socialism (1948-1989) and Transition (1989-today). The thesis examines legal developments in gender-relevant areas, most importantly in antidiscrimination law. It also excavates the underlying, sometimes hidden, but crucial understandings of key concepts such as ‘women’, ‘gender’, ‘equality’, ‘discrimination’ and ‘rights’. The thesis argues that while formal legal guarantees for women have largely been satisfactory in the Czech Republic by international standards, the way these formal legal guarantees are understood, interpreted and applied has not been gender-progressive. It argues that the reasons for this are: (i) entrenched patriarchal ideas about women’s appropriate role both in private and public life; (ii) a failure to understand gender as a social construct and to recognize gender order as a pervasive social structure; (iii) an inadequate conceptualization of equality and a refusal to combat sex discrimination; and (iv) a limited understanding of the role of law and of rights in the shaping of social relations. It argues that these understandings have been considerably path-dependent on State Socialism, be it through a rejection of anything perceived as State Socialist (which has harmed redistributive policies), as well as through the mostly unconscious retention of ideas or their absence (which has led to a blindness to the cultural aspects of patriarchy).
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Makeen, Fouad Makeen. "From communication in public to communication to the public : an examination of the author's rights of broadcasting, cabling, and the making available of works to the public under the copyright laws of the USA, the UK, and France." Thesis, King's College London (University of London), 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.392285.
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Solórzano, Solórzano Raúl. "Regarding the moral right of the authors to the integrity of their work: reflections about the damage done to the murals in the Centre of Lima." Pontificia Universidad Católica del Perú, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/115773.
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Based on the recent damage done to the murals in the Centre of Lima, this article analyzes the conflict that can occur between the moral right of authors to the integrity of their work and the property rights of the holders of the support containing the intellectual creation. Criteria are provided to analyze conflicts in which murals are involved. Finally, the infringement of moral right of integrity is discussed.Sobre la base del reciente daño efectuado a los murales en el Centro de Lima, a través del presente artículo se analiza el conflicto que puede producirse entre el derecho moral de los autores a la integridad de sus obras y el derecho de propiedad de los titulares del soporte que contiene la creación intelectual. Se brinda criterios a tomarse en cuenta en los conflictos donde estén involucrados murales. Finalmente, se examina las posibles infracciones al derecho moral de integridad.
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Švedas, Pranas. "Criminal Liability for Illegal Reproduction of Literary, Scientific, Artistic Work or Object of Related Rights, Distribution, Transportation or Storage of Illegal Copies Thereof." Doctoral thesis, Lithuanian Academic Libraries Network (LABT), 2012. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2012~D_20120118_131030-35649.
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The dissertation analyses criminal liability for illegal reproduction of literary, scientific, artistic work or object of related rights, distribution, transportation or storage of illegal copies thereof. Conception and attributes of intellectual property, evolution of laws of intellectual property in the world and in Lithuania and legal sources which provides criminal liability for illegal reproduction of literary, scientific or artistic work or object of neighboring rights, distribution, transportation or storage of illegal copies thereof are examined in the dissertation. The dissertation also discusses the elements of crimes prohibited in Article 192 of the Criminal Code of the Republic of Lithuania, examines interpretation and application of Article 192 of the Criminal Code and distinguishes crimes prohibited in Article 192 from administrative offences. Furthermore, the dissertation discusses criminal legal consequences threatening the offender who commits crimes prohibited in Article 192 of the Criminal Code: sanctions according to Article 192 of the Criminal Code and confiscation of property. At the end of the dissertation a new wording of Article 192 and a new Article 1921 of the Criminal Code is proposed.Disertacijoje analizuojama baudžiamoji atsakomybė už literatūros, mokslo, meno kūrinio ar gretutinių teisių objekto neteisėtą atgaminimą, neteisėtų kopijų platinimą, gabenimą ar laikymą. Disertacijoje aptariami intelektinės nuosavybės samprata ir požymiai, įstatymų, reglamentuojančių intelektinės nuosavybės apsaugą, raida pasaulyje ir Lietuvoje bei teisiniai šaltiniai, numatantys baudžiamąją atsakomybę už literatūros, mokslo, meno kūrinio ar gretutinių teisių objekto neteisėtą atgaminimą, neteisėtų kopijų platinimą, gabenimą ar laikymą, ir jų ypatumai. Disertacijoje atskleidžiami BK 192 straipsnyje numatytų nusikaltimų objektas ir dalykas, nusikaltimų objektyvioji pusė, subjektas ir nusikaltimų subjektyvioji pusė, be to, aptariamas BK 192 straipsnio interpretavimas ir taikymas bei BK 192 straipsnyje numatytų nusikaltimų atribojimas nuo administracinių teisės pažeidimų. Taip pat disertacijoje aptariami baudžiamieji teisiniai padariniai, gresiantys asmeniui, padariusiam BK 192 straipsnyje numatytus nusikaltimus, – bausmės pagal BK 192 straipsnį ir turto konfiskavimas. Disertacijos pabaigoje pateikiamas pasiūlymas dėl naujos BK 192 straipsnio redakcijos ir naujo BK 1921 straipsnio.
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Koberová, Michaela. "Autorské právo ve školách." Master's thesis, Vysoká škola ekonomická v Praze, 2013. http://www.nusl.cz/ntk/nusl-192896.
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This thesis covers the topic of copyright law in schools. It is an overview of the usage of the copyright law, especially in the practice of pupils, students, teachers and other pedagogical workers. It tries to present an integrated overview of basic rules which can be used in the educational process in the areas of creation of an original work, licenses, non-contractual usage of the original works and the liabilities for breaching the copyright law. It covers the situations when the pupils, students, teachers and other pedagogical workers are the creators of an original work as well as cases when these people want to use original works created by others. A part of this thesis are comments from practice and findings based on surveys and discussions with the pupils and pedagogical staff.
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Hurtado, Falvy Juan Manuel. "From the Decision Conciliation to the Dispute Resolution Board: Notes in relation to the Dispute Resolution Board as a New Method of Conflict Resolution for a Formalized Work Contract Under the scope of the New Public Procurement Law." Derecho & Sociedad, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/117996.
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The new Public Procurement Law introduces the Dispute Boards as a new settlement ofdisputes and contestations during the contractual execution of the work phase. The present article works, in the first place, the framework of public procurement and the controversies that are originated in the matter. Then, it will expose the development of the Dispute Boards in other countried and their characteristics. Finally, it concludes identifying the type of Dispute Boards that is being adopted in Peruvian law, showing his vantages and disadvantages.La nueva Ley de Contrataciones del Estado, Ley N° 30225, incorpora la Junta de Resolución de Disputas, como un nuevo mecanismo de resolución de conflictos durante la fase de ejecución contractual de obras.En el artículo se desarrolla, en primer lugar, el marco de las contrataciones del Estado y las controversias que se originan en el mismo. Posteriormente, se expone el desarrollo de los Dispute Boards internacionalmente y sus características, y se concluye identificando el tipo de Dispute Boards adoptado en la legislación peruana, exponiendo sus fortalezas y debilidades.
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Bouhadiba, Lamia. "La musique et ses droits : pour une approche introspective du fait musical : étude de droit comparé." Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010560.
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La musique requiert l'intervention de règles juridiques relevant de matières différentes du droit dans le but de concilier entre les intérêts des protagonistes de la scène musicale - notamment ceux des compositeurs, des interprètes, des producteurs, des médias et du public - et de garantir la protection du fait musical. Droit de la propriété littéraire et artistique et droit du patrimoine culturel figurent alors parmi les droits qui concourent à la protection du fait musical et que nous abordons dans une optique de droit comparé. L'interrogation que nous formulons quant à l'efficacité des règles juridiques applicables à la musique nous conduira vers l‟élaboration d'une introspection du fait musical - que nous envisageons du point de vue de la création intellectuelle et en tant qu'élément du patrimoine culturel - dans l'objectif d‟en déterminer les spécificités et exigences. Nous opérerons dans ce cadre une introspection juridique de l’œuvre musicale et une introspection juridique du patrimoine musical. L'approche introspective de l’œuvre musicale nous permettra, à travers son analyse conceptuelle et son étude structurelle, de nous pencher sur les défis juridiques soulevés par les particularités du domaine musical, par l'élargissement des frontières de l'imaginaire artistique et par l'impact du progrès technologique sur l'art. L'approche introspective du patrimoine musical nous permettra d'en souligner l'hétérogénéité et le caractère évolutif et d'orienter la réflexion vers la nécessité d'élaborer des stratégies d'acquisition et d'enrichissement du patrimoine au cœur desquelles nous placerons les notions de citoyenneté, de développement culturel et de droits de l'hommeMusic requires the intervention of legal rules that come under different matters of law in order to conciliate between the interests of the protagonists of the musical scene - such as composers, performers, producers, media and public - and to guarantee the protection of the musical event. Therefore, the law on literary and artistic property and cultural heritage law figure among the laws that concur to the protection of the musical event, which are approached from the perspective of comparative law. The question formulated here as to the efficiency of the legal rules that apply to music will lead us to elaborate an introspective approach to the musical event - which we perceive as intellectual creation and as an element of cultural heritage - in order to determine its characteristics and requirements. In this context, we will operate a juridical introspection of the musical work and a juridical introspection of musical heritage. By means of conceptual analysis and structural study, the introspective approach of the musical work will provide an opportunity to look into the juridical challenges raised by the particularities of the musical field, involving the extension of the borders of artistic imagination and the impact of technical progress on art. The introspective approach to musical heritage will allow us to underline its heterogeneity and evolutionary character, and to direct our reflection towards the necessary elaboration of strategies for the acquisition and enrichment of this heritage, at the heart of which the notions of citizenship, cultural development and human rights are to be found
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Schillerström, Emma. ""Döm inte boken efter omslaget" : En kvalitativ studie om hur rekryterare hanterar svårigheten att bedöma kandidater under anställningsintervjuer." Thesis, Södertörns högskola, Sociologi, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:sh:diva-34237.
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Syftet med denna studie är att öka förståelsen för hur rekryterare hanterar svårigheten att bedöma kandidater under anställningsintervjuer. Studiens empiriska material har samlats in genom ett kvalitativt tillvägagångssätt där sju semistrukturerade intervjuer har genomförts. Intervjupersonerna arbetar med rekrytering i Stockholms län och använder anställningsintervjuer som metod i rekryteringsprocessen. Med hjälp av tidigare forskning och teorier som förklarar likhetseffekten, homosocial reproduktion, haloeffekten samt hur en kompetensbaserad rekrytering går till visar resultatet av studien att intervjupersonernas bedömning av kandidater till stor del baseras på den “personkemi” som uppstår mellan rekryterare och kandidat vid ett första möte. Enligt tidigare forskning tenderar bedömning av kandidater baserat på ett första intryck att å ena sidan utesluta potentiellt starka kandidater och å andra sidan resultera i felrekrytering. Intervjupersonerna var medvetna om denna problematik och har därför utvecklat egna tekniker för att undvika fallgroparna som gör att de riskerar att “döma boken efter omslaget”.The purpose of this study is to increase the understanding of how recruiters handle the difficulty of assessing candidates during job interviews. The empirical material of the study was gathered based on a qualitative approach by which seven semi structured interviews were conducted. The interviewees are recruiting staff in Stockholm County who uses job interviews as a method in the recruitment process. With support by previous research and theory which explains the similar attraction theory, homosocial reproduction, the law of effect and recruitment based on qualifications, the results of the study show that the interviewees assessment of candidates are largely based on “the chemistry” created between the recruiter and the candidate during their first meeting. However, according to previous research, this is an approach that on one hand tends to exclude potentially strong candidates, and on the other hand could result in a recruitment gone wrong. The interviewees were aware of this issue, and have therefore developed their own techniques to avoid the pitfalls which puts them in risk to “judge the book by its cover”.
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Nwaemeka, Anugwo Colon William. "L'encadrement juridique des travaux sur existants." Thesis, Bourgogne Franche-Comté, 2020. http://www.theses.fr/2020UBFCB001.
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Totalement ignorés de la loi, la doctrine s'est attelée depuis plusieurs décennies, à conférer une définition aux travaux sur existants. Ainsi, elle les décrit comme ceux ayant vocation à se greffer sur, sous ou dans les parties anciennes d'une construction. Selon les cas, ils peuvent schématiquement aller du simple entretien à la surélévation, l'extension ou la reconstruction quasi-totale de l'existant, dont seules les façades seront conservées. Au vu de la teneur des multiples enjeux que recouvre le concept de travaux sur existants, se dégagent de nombreuses interrogations. L'une des plus importantes est connexe à leur encadrement juridique. À cet égard, l'exploration des cadres contractuel et de responsabilité semble inéluctable. Ceux-ci représentent en effet, l'essentiel du terrain sur lequel se déroule le débat juridique et se développe le contentieux relatif aux travaux sur existantsCompletely ignored by the law, the doctrine has been working during several decades to give a definition to the work on existing. Thus, she describes them as those intended to be added above, under or in the old parts of a construction. According to the situations, it can be simple maintenance, elevation, extension or almost complete reconstruction of the existing property, of which only the facades will be preserved.Considering the tenacity of multiples issues covered by the concept of the work on existing, important questions occur and one of those is related to their legal framework. For this purpose, the exploration of theirs contractual and liability aspects seems inevitable. These represent, indeed, the main ground on which the legal debate takes place and where the litigation relating to the work on existing is developing
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Nogueira, Leila de Mello Yañez. "Estabilidade versus flexibilidade: a dicotomia necessária à inovação na gestão de recursos humanos em uma organização pública, estatal eestratégica como Bio-Manguinhos / Fiocruz." reponame:Repositório Institucional da FIOCRUZ, 2009. https://www.arca.fiocruz.br/handle/icict/2500.
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Previous issue date: 2009Este trabalho propõe analisar o fenômeno da terceirização desenvolvido ao longo das duas últimas décadas em Bio-Manguinhos. Trata-se de um estudo de caso realizado na unidade de produção de vacinas e reagentes para diagnóstico da Fundação Oswaldo Cruz. Inicialmente foi realizado um estudo de cenário, analisando a política de gestão do trabalho desenvolvida pelo Estado brasileiro para as instituições públicas. A seguir, a análise passou a verificar a inserção da Fiocruz nessas políticas, desde a sua criação e no decorrer de vigência de diferentes formas de contratação, alternando da extrema rigidez para a total flexibilidade sempre com foco na gestão do trabalho, e, como essas políticas se refletiram no desempenho de Bio-Manguinhos. Baseado no contexto da conformação do Estado e na análise do desempenho da unidade, o trabalho critica a falta de planejamento e de prospecção dessas políticas, que favoreça a inovação de processos, produtos e procedimentos e o desempenho pleno de uma unidade de produção de insumos para a saúde, tão necessários ao atendimento das necessidades da população brasileira. Critica também, a ausência de um modelo de Estado consolidado que sirva de arcabouço à formulação dessas políticas. Devido às fortes críticas dos órgãos de controle acerca da extrapolação dos limites da terceirização praticada nas últimas duas décadas e à falta de definição clara desses marcos legais, o trabalho apresenta uma metodologia baseada nas atribuições dos cargos do plano de carreiras da Fiocruz e culmina com a apresentação de uma matriz de atribuições passíveis de serem realizadas por contratação indireta. Conclui pela necessidade de convivência de dois quadros de trabalhadores: um permanente formado por servidores, estáveis e de carreira e outro flexível, executado por contratação indireta, de caráter eventual, temporário ou de apoio às atividades relacionadas à missão de Bio-Manguinhos. O trabalho ainda sugere a aplicação da mesma metodologia às demais unidades da Fiocruz e que a instituição afirme, frente aos órgãos de controle, quais atividades que ela precisa manter no quadro de servidores permanente e quais ela quer delegar a terceiros sem contudo, ferir a legislação vigente. Por fim, constata-se que a metodologia apresentada ameniza, mas não resolve o problema, dessa forma, recomenda-se à Fiocruz buscar mecanismos que altere o modelo de gestão pelo qual está submetida a fim de viabilizar as duas formas de incorporação de mão-de-obra.
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Yeh, Yu-Hua, and 葉又華. "Indirect Infringement Liability under American Copyright Law." Thesis, 2015. http://ndltd.ncl.edu.tw/handle/43998640008032086906.
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碩士國立交通大學
科技法律研究所
103
With the advance of technology, the way of using copyrighted works changes rapidly. For example, we used videocassettes in the past, and now we use digital files. In the past, we stored files only in our computer hard drives, and now we can store them in personal digital storage lockers, also known as cyberlockers. It is easy and fast to share information and distribute material though the Internet. The Internet technology makes daily life more convient, and more and more users become Internet dependent. However, a lot of users use those new technology and new types of devices and services as tools to infringe copyright. It is hard to find each direct infringer and sue everyone. Therefore, whether the devices and services providers should be liable for the infringment, what kinds of liability and how to determine the liability raise important issues in copyright. This thesis discusses theories of indirect infringement liability under American copyright law. The meaning of indirect liability is one who never directly commit infringement should be liable for another’s infringment. And the direct infringement by other is a premise. First, this thesis briefly introduces direct copyright infringement liability and the history of indirect copyright liability and the relationship with tort law. Then, this thesis focuses on three types of liability--vicarious liability, contributory liability, and inducement liability--and their definition and elements by elaborating and analyzing the American courts’ representative cases. And, this thesis discusses about the influence of those judgements and attempted to put forth the some observations and reflections about copyright secondary liability.
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Huang, Chun-Li, and 黃鈞勵. "The application of Fair Use Doctrine under Copyright Law." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/98752148142511856285.
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碩士國立臺北教育大學
教育經營與管理學系文教法律碩士班
102
Recalling the history of the development of copyright, it has a close relationship with the property right. Since Gutenberg invented the world's first practical movable printing machine in 15th century, not only the dissemination of knowledge is more convenient, but also bring the impact to the Western political and economic. Although copyright is originated from the protection of the property right, but the historical development is always a surprise. After the British Parliament passed the “Statue of Anne”, the concept of the copyright gradually changed towards the protection of the public rights to use the works and closely related to the freedom of speech. To avoid excessive protection of copyright holders that will lead to the monopoly in cultural and development of knowledge. The scope of copyright law also began to limit the copyright owner to exercise their rights to a certain degree, in order to facilitate social and cultural development. “Freedom of teaching" is the fundamental right as guaranteed by the Constitution. For educators and learners, the protection of the freedom of teaching also leads the education toward positive direction. During the teaching process, it is hard to avoid the educator to use others work. Although the Copyright Law 46 expressly provides for the fair use in the teaching field, but how to apply its constituent elements is still questionable, such as if "distance learning" use "public transmission " can be applied or not. Theory and practice have not formed agreement. The educators still may violate the law in teaching. Therefore to protect the educator’s “Freedom of teaching” cannot wait, it’s also the problem that copyright law need to solve. The other provisions of Article 46 regulates the instructor shall use it within the "reasonable range", and use the 4 criteria of the Copyright Law Section 65, Paragraph 2 to be tested in order to be exempted. However, how to reasonable use and apply the provisions of Article 65 varies in theory and practice. It deserves further study. With the evolution of the times, the role of the copyright owner and the user is in fact not clear defined, especially after the books are digitalized. This study looks forward to exploring the rational usage of the system from the historical and legal views, trying to reconcile the benefits between the copyright owner and the users, providing reasonable copyright law proposal, and hopefully finding a win-win solution.
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YANG, YI OU, and 歐陽儀. "A Study of Online Game Work and Copyright Fair Use Doctrine in Copyright Law." Thesis, 2015. http://ndltd.ncl.edu.tw/handle/15300422251733385392.
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碩士逢甲大學
財經法律研究所
104
Online game is a new leisure entertainment which is growing fast by internet in recently. It’s not only for users of every age group bringing a trend but also becoming an industry. Even several business corporations specialized fabricating and designing online game. Online Games belong to a composite style of works, which contained the works were extensively been used to re-creation by many creators, for instance: Patch, Modification (mostly referred to as MOD) and Doujinshi. These re-creations are perhaps not to ask for agreements and authorizations from original authors. Therefore, it might violate the copyright laws. However, these derivative works has long been commonplace in modern society, MOD and Doujinshi even becomes a culture. In this situation, whether these re-creations’ behaviors are legal or not. There is no a doubt, it’s an involving widely emerging issue. From another aspect, these re-creations’ behaviors are the ways of showing new ideas or concepts. If the copyright laws give it rules and limitations, it might be caused great obstacles for social progression. Therefore, this research will be aimed at the re-creations behaviors of Patch, MOD and Doujinshi proceed with inspections one by one, whether it will be standing for fair use as arguments or not.
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Lin, Tzu-Yu, and 林子鈺. "Copyright Infringement and the Meaning of Fair Use Under Criminal Law." Thesis, 2019. http://ndltd.ncl.edu.tw/handle/4jaf2b.
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Chen, Hong Hsiang, and 陳泓翔. "Study on Academic Libraries Join the Google Book Search Project under Copyright Law." Thesis, 2008. http://ndltd.ncl.edu.tw/handle/23696790737970458985.
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碩士國立政治大學
圖書資訊與檔案學研究所
96
The purpose of this study is to analyze the reasons that why foreign university libraries join the Google Book Search Library Project and copyright issues, so that conclude the issues related digital copyright law in digital library. Furthermore, the study used interviews for investigating the meaning, value, and legitimate issues of GBS Library Project from the viewpoint of academic libraries in Taiwan. According to the literature review, the study clarified digital copyright issues. In addition, the study obtained the views of foreign university libraries toward GBS Library Project by case studies. Finally, the study used interviews to understand the opinions of GBS Library Project from academic libraries in Taiwan. The results of the study are summarized below: (1)The key copyright issues that related to related to Digital Library Project are copyright authorization, reproduction, the fair use, and the right to public transmission. (2)There are legitimacies and motivations for UK and USA libraries participate in GBS Library Project. (3)There are three models that adopted by UK and USA libraries for participating in GBS: all collection or part of collection and no copyright works to scan. (4)Considering copyright issues, UK and USA libraries take reasonable measures to restrict the use of digital copies. (5)UK and USA libraries contract with Google for its procedures and responsibility. (6)Foreign authors and publishers consider that GBS is accused of violating for their rights of the reproduce, distribute and display. (7)The academic libraries in Taiwan have bipolar view for joining GBS. (8)The academic libraries in Taiwan worry about copyright issues for joining GBS. (9)The academic libraries in Taiwan consider that the GBS project is lack of legitimacy to join it. (10)If the academic libraries in Taiwan join the GBS project, they would be inclined to put in out-of-copyright works. Based on the final results of this study, several suggestions are as follow：(1)Government should establish a legal policy of digital deposit, (2)University or library should set up a copyright management center which has right and responsibility to deal with intellectual property rights issues; (3)Google should strengthen safety measures and guarantee mechanisms to protect it’s image. (4)In order to reduce the controversy, Google should consult with the authors and publishers actively to obtain authorization (5)The copyright owners should be willing to try a new business model.
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Tsai, Cheng-lin, and 蔡政霖. "A Study on the Droit de Suite under Copyright Law and its Implementation into Taiwan." Thesis, 2011. http://ndltd.ncl.edu.tw/handle/01200215468975854150.
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碩士逢甲大學
財經法律研究所
99
The Droit de Suite finds its origins in the Droit morale or moral rights movement born of the French. It aim to help the “starving” artists. First it was introduced in France in 1920. During approximately century, the Droit de Suite was not available in international society. Since 1948, the Droit de Suite was introduced by Berne Convention article 14bis. However, the contracting countries agreed that the Droit de Suite would not be a minimum Convention requirement and was taken by the principle of reciprocity. The Droit de Suite was still not important on universal Copyright Act. Until European Union directive, the Droit de Suite was implemented by European Union for all contracting countries. The Droit de Suite was put on main position in international society. This essay states on the droit de suite’s history of the development and legislative, especially the Berne Convention and the European Union directive. Moreover, the droit de suite develops under the civil law system. To discuss the problem of the droit de suite apply under the common law system. The Droit de Suite was called “Resale Right” or “Resale Royalty”. The Droit de Suite conflict with some concept on Copyright Act under common law system, like first sale doctrine、work for hire doctrine、contract clause and free alienability of property etc. But there is a California Resale Royalties Act in California. Finally, the situation on the art market and Copyright Act in Taiwan discuss that whether the Droit de Suite is suit for introducing into Taiwan or not.
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Yu, Chang Chien Cheng, and 張簡正裕. "A Comparison of Employee’s Moral Rights Protection in Taiwan and U.S. under the Copyright Law." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/s54v4u.
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碩士東吳大學
法律學系
102
Abstract Due to advances in technology, the complexity of creation has increased and Professional Services come of age. Most creation can only be created with multiple people’s collaboration instead of one single person’s work. Among these collaborated creations, most of them are under employment conditions. Especially in Newspaper Offices, Advertising Agencies, Construction Companies, and Computer Software Companies, almost every creation is completed collaboratively. For these creations, copyright laws usually focus on their intellectual property aspects while the moral rights of them are seldom discussed. Thus, the moral rights ownership of productions created under employment conditions rarely gets enough attention as it should be. This research compares the difference of the moral rights protection between Taiwan and the US from legislation and practical aspects, and discusses the related research under scholar and expert and judicial practices. Finally, with this research grasping the essence of moral rights protection of the US as reference, the moral rights protection laws of Taiwan can be revised to improve the communication and understanding of employed creations between the creation owners and users, to reconcile the employment relations, and to mutual opposition and conflict by mitigating the obstacles and misunderstandings caused by moral rights.
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Gao, Jing-Jing, and 高婧婧. "The protection of Television formats under Copyright Law-Taking the Reality Show as an example." Thesis, 2017. http://ndltd.ncl.edu.tw/handle/7a5z29.
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CIN, SIH-JIA, and 覃思嘉. "A study on the Secondary Liability under U.S. Patent and Copyright Act— For the Construction of Secondary Liability System of Taiwan’s Copyright Law." Thesis, 2019. http://ndltd.ncl.edu.tw/handle/n4x2j6.
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碩士東海大學
法律學系
107
The U.S. Supreme Court’s 1984 decision in the Sony case transplanted the “staple article of commerce” doctrine of section 271(c) of the Patent Act into the Copyright system. And the decision in 2005 Grokster case, Supreme Court imported inducement of infringement under the section 271(b) of Patent Act to the Copyright Law, formed a new kind of the secondary infringement in the Copyright system. Due to the rapid development and the transformation of the technology in the Digital Age, from 2003 beginning, the recognition of the judgments in the U.S. has been the spilt on the Sony Rule’s application. According to the “historic kinship” between the U.S. Patent Act and the Copyright Act, the study aimed to explore the application of Sony Rule by analyzing the Patent cases involving the secondary liability. In addition, the secondary liability under the doctrine of contributory infringement of the U.S. Copyright system can be traced back to 1911, however, it remains to meet the rapid transformation in the digital age so far. Also, the recognition of the judgments in the U.S. affirmed the necessity of the Sony Rule to make a balance between promoting the advance on science and useful arts and giving the creator sufficient incentive to create. Thus, the study reviewed the leading cases to examine the application of the secondary liability under the U.S. Copyright system, and took it as a base for the construction of secondary liability system of Taiwan’s Copyright Law. Finally, the legislature of Taiwan enacted subparagraphs 7, paragraph 1, Article 87 of the Copyright Act in 2007 which referred the Supreme Court of United States’ 2005 decision in the Grokster case, and enacted subparagraphs 7, paragraph 1, Article 87 of the Copyright Act in 2019 for plugging the legal loophole after the rapid transformation of the digital technology in the decade. In contrast with the secondary liability under the U.S. copyright system, both of the subparagraphs in the Copyright Act of Taiwan were targeted at the specific Industrial technology developer only. While observing the application of subparagraphs 7, paragraph 1, Article 87 of the Copyright Act by recognition of the judgments of Taiwan with the constant rapid technological change, there were necessities to enact the general article of the contributory infringement, and implant the Sony Rule in Taiwan’s Copyright Law. Therefore, the study attempted to make the suggestions through the cases involving the application of subparagraphs 7, paragraph 1, Article 87 of the Copyright Act with the Set-Top Box in Taiwan.
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Chen, Chau-Huai, and 陳朝懷. "The Difficulties of Protection under Copyright Law Facing the Development of Digital Technology and Their Solutions." Thesis, 2008. http://ndltd.ncl.edu.tw/handle/32279345407337691897.
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碩士雲林科技大學
科技法律研究所
96
The institution of copyright developed with civil life very inherently. Especially, the disputes of copyright and the problems of anti-piracy versus anti-antipiracy, they were concerning the merits for these rights protected for the author within the copyright law, and the restrictions under the sphere of these rights designed for the fair use by the general. Therefore, how to balance the interests between the author and the general, it is the core issue of the institution of copyright, and had been the dynamic development following the changes of social conditions of digital technology. For a several years, the institution of copyright had influenced very strongly by the vigorous development of digital technology and the integration of global economy. Due to the treatment for the revenge from Section 301 of the U.S. Trade Act and the change of legislative environment for participating WTO, our country had revised the Copyright Law for a several times in order to link with the international legislation. However, the speed of the development of digital technology is very fast. Meanwhile, it reflects the relative phenomenon that the authors ask to enhance the well protection of their rights when they were threatened by the other’s torts and the general also ask to define the sphere of fair use when they felt the depression of getting information they need. So I will explore from the development of digital technology to the challenge of protections of Copyright Law, and the problems on the informational tertiary education and the traditional protections of music copyright. I wish I can provide some suggestions to the revisions of Copyright Law in the future.
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Wang, Silvia, and 王幸瑜. "The Review of the Wikipedia's GNU Free Documentation License from the Author's Perspective under Taiwan Copyright Law." Thesis, 2007. http://ndltd.ncl.edu.tw/handle/85785472460314439672.
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Bensalem, David. "Comparative Analysis of Copyright Enforcement in the Cloud under U.S and Canadian Law: The Liability of Internet Intermediaries." Thesis, 2012. http://hdl.handle.net/1807/33922.
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Through an empirical comparison between U.S and Canadian copyright law, this paper examines how lawmakers in both countries should deal with copyright liability issues in the cloud while maintaining a proper balance between content owners and Internet intermediaries. This paper proposes to answer this question throughout the study of the liability of Internet intermediaries. Drawing on copyright statutory provisions, case law and scholars articles, this paper examines the issue of online piracy, defines cloud computing and identifies the copyright liability issues posed by the cloud. It then compares U.S and Canadian copyright laws and discusses the new reform proposed in both countries in relation with the liability of Internet intermediaries. It concludes that new statutory reform might not be necessary except for clarification purposes. Indeed current copyright laws deal efficiently with copyright liability issues in the cloud while maintaining a proper balance between content owners and Internet intermediaries.
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Hung, Kuo-Feng, and 洪國峰. "The Impact of Technological Protection Measures on E-book Readers under the Fair Use Doctrine of the Copyright Law." Thesis, 2011. http://ndltd.ncl.edu.tw/handle/19205902206576699964.
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碩士國立高雄第一科技大學
科技法律研究所
99
The E-book unlike the traditional books, Because it is a combination of multimedia applications and digital content in single device, The E-book users can simply use a device even a mobile phone to receive the content in anytime anyplace, in fact the digital media is very easy to be duplicated without any cost. Due to this trend lot of E-book industry and E-Book Copyright owner has try to develop the Technological Protection Measures to protect the E-book’s Copyright, even though the Technological Protection Measures is the most effective way to protect and control the access right to the work, but it also influenced the E-Book users right to Fair Use the E-book’s content. The study try to research the effect of E-book through the “The Authors Guild, Inc., et al. v. Google Inc.” case from the beginning. Then discussion on E-book’s Authorization , Parallel Import and Collective Management issues. On the other hand, the Fair Use is an equitable rule compare with the Technological Protection Measures, However if Copyright Law didn’t in favor of public interest more, the privatization of public domain will become more serious, the goal of this thesis was try to decrease the conflict and provide the best benefit between the Copyright holders and Users.
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Lin, Tzu-Chung, and 林子中. "The Red Flag Test for Apparent Knowledge under Safe Harbor Provision of the Copyright Law in the U.S. And China." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/y2v9h3.
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碩士世新大學
智慧財產權研究所(含碩專班)
102
Since U.S. Congress enacted Digital Millennium Copyright Act (DMCA) in 1998, Title II- The Online Copyright Infringement Liability Limitation Act of 1998 (OCILLA) introduced the safe harbor mechanism for Internet Service Providers (ISP) and the notice & takedown procedure found in 17 U.S.C. § 512(c). Once ISPs meet the complicated requirements of § 512, ISPs can exempt from the monetary relief of indirect copyright infringement. Meanwhile, U.S. Congress also provided § 512(c)(1)(A)(ii), the so called red-flag test, as a limitation on safe harbor application. Under this test, when ISPs are aware of any facts or circumstances from which infringing activity is apparent just like a waving red flag, they will lose safe harbor protection by virtue of the obviousness of the infringing activity. In the past decades, copyright owners in the U.S. had been challenging the opinions of the federal courts regarding the red flag test, where the federal courts seemed reluctant to find apparent knowledge under the red flag test other than on the basis of DMCA notice. In addition, under § 512(c)(1)(A)(iii), when obtaining knowledge or awareness, as long as ISPs act expeditiously remove or disable access to the material, ISPs will still be able to get protection under safe harbor. Copyright owners, however, are tired of sending ISPs notices repeatedly. But according to the reports of the U.S. Congress, in addition to the DMCA notice, the facts or circumstances from which infringing activity is apparent can also constitute knowledge under the red flag test. Recently, there were several cases where the opinions of red flag standard were different from the early cases. It may bring hopes for copyright owners to establish red flag standard. In China, safe harbor was first introduced in the “Information Network Transmission Right Protection Ordinance,” (the Ordinance) where the application of safe harbor is completely different from that in the U.S. These differences include : first, unlike the U.S., China has no doctrine of indirect infringement, and thus, it must use the doctrine of joint infringement to establish ISPs’ liabilities; second, there is no provision in the Ordinance as opposed to the threshold test in § 512(i); third, there is no provision in the Ordinance discussing about the effect of non-compliant of the notice. As a result, the requirement of joint infringement and the limitation of safe harbor will need to share the knowledge element. That being said, whenever an ISP’s conducts constitute joint infringement, it will be impossible for the ISP to obtain the safe harbor protection. This in particular, has led to great difference between China and the U.S. regarding the application of safe harbor. Taiwan passed the Act of Limitations on Liability for Internet Service Providers in 2009. Because there are provisions which are as oppose to the threshold test under the U.S. § 512(i) and the effect of non-compliant of the notice letter. This thesis reaches conclusion that the safe harbor system in Taiwan will be likely similar to the U.S. judicial practices.
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Gelner, Radim. "Přehled zvláštních režimů ochrany u jednotlivých druhů autorských děl včetně srovnání s ochranou obecnou." Master's thesis, 2011. http://www.nusl.cz/ntk/nusl-297955.
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Radim Gelner Overview of specific modes of authorial work protection including the comparison with the general mode of protection - Diploma Thesis Summary In this thesis we analyze specific modes of protection of authorial works provided by the Czech Copyright Act 121/2000 Sb. as amended. These specific modes of protection are invoked either by the type of authorial work (for example computer programs) or by legal circumstances at the time the authorial work is created (for example existing employment relationship). In the first part of the thesis we discuss the parties of intellectual property relationships. Although the author is the primary party of such relationships there are other subjects as well such as heirs, employers, licensees, movie producers etc. We briefly describe the natural rights and the property rights of the author relating to the authorial work and modes of their transferral to other subjects of the intellectual property relationships. Then we follow up with the description of authorial work as a subject of intellectual property relationships. The legal definition of authorial work is provided and analyzed as well as specifics of various kinds of authorial works and modes of its creation (such as joint-authorship). In the third part we discuss the content of natural and property rights...
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Doliński, Jakub. "Tłumaczenie w prawie autorskim." Praca doktorska, 2019. https://ruj.uj.edu.pl/xmlui/handle/item/77139.
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Chiang, Tzu-Yi, and 江姿宜. "The Challenge to Copyright Law Posed by The Information Flow under The Digital Convergence - Separation or Integration between Public Broadcast and Public Transmission." Thesis, 2011. http://ndltd.ncl.edu.tw/handle/70997909805168833003.
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碩士東吳大學
法律學系
99
ABSTRACT Executive Yuan has passed Digital Convergence Policy Initiative and Digital Content Industry Development and Assistance in 2010. Hopefully, the policies will shape Taiwan, the island of technology, into the global center of digital economy. Taiwan will grasp more commercial opportunities with broadband access, refined digital services, effective Inter-Industry Integration. Therefore, it is possible for Taiwan to develop core competence effectively and to become one of the creative entertainment headquarters, just like other advanced countries. Digital Convergence Policy Initiative strengthens the broadband-access reconstruction, which harmonizes the difference among various broadcasting techniques. Digital content can be played on diverse platforms and devices. The necessity of forming a digital alliance positively arises. Under this circumstance, three issues need to be concerned: the accuracy of economic policies, the worries over investment-oriented and profit-oriented operations and the legitimacy of executive qualifications. Due to the trends of digital convergence, many sunrise industries and new business models established, including mobile phone manufacturers, telecommunications carriers, online platforms and broadcasters. As the conditions mentioned above, it is necessary to shed light on these questions: how to define copyright regulations, what difficulties companies will face when either employing or authorizing software and digital content, whether the authorization and employment violate Copyright Act, and how Copyright Act protects the articles protect copyrights. The aim of this study is to provide useful suggestions for amending Copyright Act. One of the most significant current discussions in Copyright Act is the definition of Internet broadcasting, where a debate is taking place between public broadcast and public transportation. Should these two rights be maintained or be united according to the formulation of telecommunication laws? Should the government codify the higher-lever law or modify the structure of Copyright Act? Those issues will be discussed in this paper.
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Stejskal, Vilém. "Smluvní právo autorské." Master's thesis, 2011. http://www.nusl.cz/ntk/nusl-313241.
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CONTRACTUAL COPYRIGHT LAW This thesis is dedicated to the Czech Copyright Law, which is part of Intellectual Property Law. The core of this work is lying on description and recognition of contractual concepts of Copyright Law in Czech Republic, namely the last two Copyright Acts. The first Copyright Act was valid from 1965 till 2000. The second Copyright Act is effective since 2000. Chapter 1 covers the sources of Czech Contractual Copyright Law on different levels, from the constitutional grounds to the regulations. Chapters 2 and 3 are initial introduction to the Intellectual Property Law. It provides basic explanation of intangible property terms. Chapter 4 tries to briefly show the history and the development of the Copyright Law on the Czech territory, particularly Czech Contractual Copyright Law. Chapter 5 deals with provisions of Copyright Act 35/1965. It concentrates on contracts for the distribution of a work and contracts to produce a work. Chapter 6 is devoted to the effective czech Copyright Act 121/2000 and its provisions related to contractual law. With short notice about contract for a work done. Chapter 6 compares some important attributes of both mentioned Copyright Acts.
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Pankaew, Suthee, and 唐欣盛. "A Study on Dismissal in Case of Serious Violation of Work Rules under Thai Labour Law." Thesis, 2017. http://ndltd.ncl.edu.tw/handle/97765597422900702041.
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碩士國立臺灣大學
法律學研究所
105
Dismissal is the most severe form of employer’s actions to terminate a labour contract. It terminates an employee’s source of labour-based income and also results in unemployment. Hence, dismissal has considerable impacts on labour rights. If the reason for dismissal is serious violation of work rules, the dismissal may affect the future job opportunities for the dismissed labourer and reduce the labourer’s job security. This study first investigated the regulations governing dismissal and related problems in Thailand. The focus was placed on the definition of dismissal and regulations governing reasons for dismissal, protection from dismissal, and limitations on dismissal. Further, this study discussed theories about dismissal and how the Supreme Court of Thailand has determined the severity of violation of work rules and interpreted related laws. This study also attempted to categorize practical cases and then analyze factors considered by the Supreme Court in determining the severity of violation in each category of cases. Finally, through a comparison with Taiwan, this study compared laws governing dismissal and determination of serious violation of work rules between the two countries. This study was expected to inspire future discussions on determination of serious violation of work rules in both the academic and practical areas.
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Nebesář, Marek. "Internet a autorské právo-způsoby užití a rozsah ochrany díla (tradiční užití,peer to peer sítě, e-mail...)." Master's thesis, 2012. http://www.nusl.cz/ntk/nusl-307245.
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80 Abstract The aim of this thesis is to describe various ways of use of works on the Internet and method of their copyright protection in this specific environment. Because without any doubt the Internet interferes with everyday life of today's society and subsequently has a significant effect on further development of a legal system, this topic becomes very relevant. The thesis itself is divided into four chapters. The first chapter is devoted to general description of the Internet and copyright law, and contains explanation of development of this private law area in the territory of the independent Czech Republic, including list of national and international legal sources. The second chapter defines the copyrighted work and its different types according to the Czech Copyright Act, an individual author, use of the work, whether in the form of a contractual or non-contractual disclosure and also important topic of making the work available through the Internet. The third chapter analyzes the copyright protection in the private and public spheres, and technical means of such protection (DRM). The last, and with respect to the discussed topic the most important, fourth chapter deals with various ways of use of works on the Internet, including their detailed description. Downloading and uploading, legislation...
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Pivoda, Radomír. "Srovnání autorskoprávní ochrany autora a výkonného umělce." Master's thesis, 2012. http://www.nusl.cz/ntk/nusl-311314.
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Radomír Pivoda Srovnání autorskoprávní ochrany autora a výkonného umělce A comparison of copyright protection of authors and performing artists The main goal of this thesis is to compare the key aspects of the copyright protection of authors and performing artists in the Czech Republic. The basic differences are explained with respect to its historical evolution, which is put into context with the current social situation in the field of art. The paper is divided into six chapters. The first chapter gives an explanation of the basic terminology used in the area of copyright law and sets the frame for the comparison of authors and authorship and performing artists and their artistic performances. In the Czech Republic, authorship is based on the expression of a piece of art in any way perceivable by human senses. There is no registration principle in effect. This fact provides the starting point for the protection of authors' rights. Therefore it is important to precisely define what can be considered a piece of art and who can be recognised as an author or a performing artist. The second chapter deals with the legal treatment of authors according to the Czech Copyright Act and other legal regulations, including the recent case law and description of the most often infringements of the copyright...