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1
Kariyawasam, Kanchana. « Moral rights protection in a copyright system / ». [St. Lucia, Qld.], 2001. http://www.library.uq.edu.au/pdfserve.php?image=thesisabs/absthe16318.pdf.
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Almawla, Hanan Mohamed. « Moral rights in the conflict-of-laws : alternatives to the copyright qualifications ». Thesis, Queen Mary, University of London, 2012. http://qmro.qmul.ac.uk/xmlui/handle/123456789/8730.
Texte intégralRésumé :
This thesis examines the intersection between authors' moral rights and conflict-of-laws. The research question has been triggered by two important, interlinked factors. The first is that the currently applicable choice-of-law rules to moral rights are the same as those applicable to copyright. The second concerns the fact that moral rights are different from copyright - both in their nature and in the interest they aim to protect. Since these two factors coincide, it is questionable whether it ought to be the case that moral rights are subjected to the same choice-of-law rules as are applicable to copyright. The thesis therefore aims to discover whether the currently applicable choice-oflaw rules available in the context of moral rights are suitable for achieving the goals and objectives of conflict-of-laws. In the course of this thesis, I evaluate the potential validity of detaching moral rights from copyright in conflict-oflaws and instead attaching it to the characterization model of general personality rights. The research question is mainly addressed from the perspective of Rome I and Rome II Regulations. However, as there is no EU harmonization concerning general personality rights in conflict-of-laws, the examination will be directed towards France and England as examples of civil and common law traditions. Moreover, reference will also be made to CLIP and ALI principles by reason of comparison.
3
Banks, Catherine, et n/a. « Lost in Translation : A History of Moral Rights in Australian Law ». Griffith University. Griffith Law School, 2005. http://www4.gu.edu.au:8080/adt-root/public/adt-QGU20061006.114720.
Texte intégralRésumé :
This thesis is a history of moral rights in Australian law. It traces the historical discourse about moral rights in Australian law and demonstrates how that discourse has shaped the meaning moral rights have come to assume in their current form under the current regime contained in the Copyright Amendment (Moral Rijghts) Act 2000. This history examines the reception and later production of a moral rights discourse in Australian law, and reveals that the historical discourse about Australian moral rights was dominated by the three themes; foreignness, international obligation and economic impact. I contend these three themes fundamentally shaped moral rights as they now appear in the moral rights regime. As the history unfolds, it will become clear that the moral rights regime was organised around a specific repertoire of arguments and imaginings, and it is this discourse that informs this thesis. My argument is pursued in three stages. Section One of the thesis provides the historical detail of the moral rights trajectory in Australian jurisprudence, and reveals, within that history, the emergence of three dominant themes, which are pursued in subsequent detail. In addition to the history, this section also provides detailed discussion of the legislative provisions in order to illustrate moral rights as a product of the history, and it highlights some of the shortcomings of the regime and provides some background for the case study in Section Two. Section Two of the thesis interrogates the structure of the moral rights regime by applying the Act's provisions to the case study of indigenous creators, thus providing a contemporary example of how these rights may work in practice, as the result of the historical discourse. Thus this section sets the scene for final part of the thesis, which delves further into the historical discourse. Section Part Three follows the themes of the moral rights debate as they emerged historically. Reconceptualizing the moral rights discourse in this way helps to explain why the debates about moral rights took a particular course and produced the outcomes it did. The starting point for these discussions is a detailed examination of the themes of foreignness, international obligation and economic impact, and follows these themes as they evolved chronologically. In particular, the discussion reveals that the debates about moral rights effectively fall into two eras. The first era (1928-1988) centred around the question of whether Australia should introduce moral rights and the debates about the appropriateness of the reception. At the commencement of the second era (1988-2000) the question shifted to what form moral rights should take. This then provides a backdrop with which to understand why specific discussions about moral rights were sidelined during the years of debates leading up to the legislation; in particular, the subject and the object; which form the fulcrum of a moral rights action. This is an essential part of the history because it explains why the subject and the object came to be imagined and constructed in such a narrow and limited way and clarifies why the moral rights provisions appear manifestly ineffective, particularly for indigenous creators and their communities. This thesis contributes to legal history in three important ways. First, it provides a detailed account of a discourse about moral rights in Australian law, and in doing so challenges the long held assumptions about their reception and production. Second, it highlights the importance of history to legal discourse. Just as regulatory regimes, institutions, and rules are integral to the law, so too are the informal practices, discourses and contexts on which they were based. Third, it reminds the reader that history is a signpost, and this history of moral rights demonstrates that the way this law was derived, imagined and constructed has significance for the social, cultural and legal context in which that process takes place.
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Rimmer, Matthew Rhys. « The pirate bazaar the social life of copyright law ». View electronic text, 2001. http://eprints.anu.edu.au/documents/disk0/00/00/08/14/index.html.
Texte intégralRésumé :
Available via the Australian National University Library Electronic Pre and Post Print Repository. Title from title screen (viewed Mar. 28, 2003) Includes bibliographical references. Mode of access: World Wide Web.
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Klein, Jeff. « Identity Protection : Copyright, Right of Publicity, and the Artist's Negative Voice ». Bowling Green State University / OhioLINK, 2014. http://rave.ohiolink.edu/etdc/view?acc_num=bgsu1395585265.
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Gudaitė, Martyna. « Teisės į kūrinio neliečiamybę įgyvendinimo problemos ». Master's thesis, Lithuanian Academic Libraries Network (LABT), 2007. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2006~D_20070105_093921-83127.
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The topic of the paper is integrity right implementation problems. Author‘s right of integrity is on the list of international obligations since the beginning of the XIX century and has to be made available by all Berne convention members‘ national laws. However this International obligation only imlies a minimum standart for integrity right protection, thereby it‘s implementation issues are to be solved at national level. The goal of the paper is identification and analysis of integrity right implementation problems in modern states under the rule of law. Accordingly different legal regulation is one of the main issues of the topic. Establishing conflicts between authors and their work users, identifying persons of law in the integrity right is a great part of this paper. Consequently different sides of the conflick of interests are being elaborated, most frequent dispute cases and ways of solving them are being analised in the light of different legal regulation. His paper also contains legal tradicions of implementing integrity right in continential and common law countries that are being compared to each other, as well as different copyright laws in separate countries and court practice (lithuanian and foreign).
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Anderson, Jane Elizabeth Law Faculty of Law UNSW. « The production of indigenous knowledge in intellectual property law ». Awarded by:University of New South Wales. School of Law, 2003. http://handle.unsw.edu.au/1959.4/20491.
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The thesis is an exploration of how indigenous knowledge has emerged as a subject within Australian intellectual property law. It uses the context of copyright law to illustrate this development. The work presents an analysis of the political, social and cultural intersections that influence legal possibilities and effect practical expectations of the law in this area. The dilemma of protecting indigenous knowledge resonates with tensions that characterise intellectual property as a whole. The metaphysical dimensions of intellectual property have always been insecure but these difficulties come to the fore with the identification of boundaries and markers that establish property in indigenous subject matter. While intellectual property law is always managing difference, the politics of law are more transparent when managing indigenous concerns. Rather than assume the naturalness of the category of indigenous knowledge within law, this work interrogates the politics of its construction precisely as a ???special??? category. Employing a multidisciplinary methodology, engaging theories of governmental rationality that draws upon the scholarship of Michel Foucault to appreciate strategies of managing and directing knowledge, the thesis considers how the politics of law is infused by cultural, political, bureaucratic and individual factors. Key elements in Australia that have pushed the law to consider expressions of indigenous knowledge in intellectual property can be located in changing political environments, governmental intervention through strategic reports, cultural sensitivity articulated in case law and innovative instances of individual agency. The intersection of these elements reveals a dynamic that exerts influence in the shape the law takes.
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Dagher, Chantal. « Analyse comparée franco-américaine de la protection des œuvres par le droit d’auteur ». Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020041.
Texte intégralRésumé :
L’appel au renforcement de la protection du droit d’auteur dans le but de mieux lutter contre la contrefaçon, surtout avec l’avènement et le développement incessant des nouvelles technologies, est-il justifié ? Le bilan des efforts déployés récemment sur la scène internationale pour réaliser un tel renforcement, ayant débouché sur l’élaboration du très controversé ACTA, démontre que la réponse à cette question ne peut être ni simple ni immédiate. Evaluer l’opportunité et déterminer la nécessité de renforcer cette protection ne peuvent se faire qu’après un examen approfondi des solutions juridiques, existantes déjà dans les dispositifs nationaux des deux Etats qui assurent chacun une protection efficace des droits des auteurs, tout en adoptant des approches diamétralement opposées en la matière à savoir, la France et les Etats-Unis. Une fois ces deux droits comparés, une inégalité dans le niveau de protection ressort, appelant des améliorations qui passent par une intégration d’institutions juridiques « venues d’ailleurs ». Cette intégration qui aura pour résultat d’harmoniser ces deux droits, dans le respect des particularismes nationaux, pourra se réaliser à l’aide du droit comparé. L’harmonisation des droits nationaux dans le respect de leurs différences est aussi l’oeuvre du droit international surtout lorsqu’il s’agit d’une matière qui ne peut être traitée qu’à l’échelle internationale, voire mondiale. Pour pouvoir comprendre les raisons de la persistance des différences entre les deux droits menant à cette inégalité, l’examen des instruments internationaux adoptés en la matière, censés harmoniser la protection du droit d’auteur, est indispensable. Le bilan de cet examen s’avère mitigé dans la mesure où, les spécificités nationales l’emportent, bloquant ainsi le processus d’harmonisation. Or, le droit comparé a comme rôle principal de préparer un terrain favorable à une harmonisation internationale réussie, en dégageant des solutions concrètes, pratiques et surtout adaptées puisque ne heurtant pas les traditions juridiques nationales qu’il aura réussi à identifierIs the call to strengthen the protection of copyright in order to better fight copyright infringement, especially with the advent and the constant development of new technologies, justified? The results of the recent efforts on the international stage to achieve such a purpose, which led to the drawing up of the very controversial ACTA, show that the answer to this question cannot be simple nor immediate. Assessing the appropriateness as well as determining the need to strengthen this protection can only be made after a thorough review of legal solutions that already exist in the domestic law of two states, each of which ensures effective protection of copyright while adopting diametrically opposite approaches in this field namely, France and the United States. Once these two domestic laws have been compared, inequality in the level of protection appears, calling for improvements that go through an integration of legal institutions "coming from somewhere else". This integration that will have as a result the harmonization of these two laws while taking into account the national specificities, can be realized using the comparative law. The harmonization of national laws while respecting their differences is the work of international law as well, especially when the subject matter could only be addressed on an international even global scale. To understand the reasons for the persistence of differences between these two laws leading to this inequality, review of international instruments adopted in this field which are supposed to harmonize the protection of copyright, is essential. The results of this review are mixed due to the fact that national differences prevail, thus blocking the harmonization process. However, comparative law's primary role is to prepare the ground for a successful international harmonization, by providing concrete, practical and appropriate solutions given the fact that they do not conflict with national legal traditions that the comparative law has managed to identify
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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.
Texte intégralRésumé :
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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Mouron, Philippe. « Le droit d'exposition des oeuvres graphiques et plastiques ». Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32062/document.
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Le droit d’exposition des oeuvres graphiques et plastiques est un élément nouveau du droit d’auteur, dégagé par la Cour de cassation en 2002. Il permet à l’auteur d’autoriser ou d’interdire l’exposition publique de ses oeuvres, qu’elles soient de dessin, de peinture, de sculpture, de photographie, d’architecture ou de tout autre oeuvre graphique. Ce droit lui permet aussi d’en contrôler les conditions de présentation et d’en tirer une rémunération. Il est en cela assimilable au droit de représentation, tel qu’il s’exerce pour les oeuvres dramatiques ou musicales. Mais le droit d’exposition ouvre des problématiques nouvelles pour le droit d’auteur. En effet, son objet ne peut être qu’une chose corporelle, qu’il s’agisse de l’exemplaire original de l’oeuvre ou de toute autre copie. Par conséquent, cela oblige à reconsidérer la nature du droit d’auteur, que l’on qualifie usuellement de droit sur « l’immatériel », cette notion étant plus adaptée pour les oeuvres littéraires, dramatiques ou musicales. Cette évolution remet en question le sens même de l’expression « propriété incorporelle », telle qu’elle est employée par le Code de la propriété intellectuelle. Le droit d’exposition interroge donc les fondements du droit d’auteur et bouleverse son contenu et sa portée. La thèse apporte les réponses aux questions qui sont posées par ces problématiques. Ainsi, il sera démontré que l’expression « propriété incorporelle » ne qualifie que la propriété du droit de l’auteur, considéré comme un bien, et non celle de l’oeuvre à proprement parler. En cela, la distinction entre cette propriété et la propriété de l’objet matériel doit être entendue le plus strictement, c’est-à-dire comme une simple distinction des droits. De même, le caractère novateur du droit d’exposition révèle que le droit d’auteur a davantage été conçu pour les oeuvres littéraires, dramatiques et musicales, et non pour les oeuvres graphiques et plastiques. De ce fait, le droit d’exposition concourt également à une harmonisation des prérogatives conférées aux auteurs au titre de la propriété littéraire et artistiqueThe visual artists display right is a new part of the author’s copyright, introduced by the French supreme court in 2002. It implies, for the author, the right to authorize or prohibit the public exhibition of his works, such as paintings, sculptures, photographs, architectural works or any work of graphic or plastic art. This right also gives the author a control over the conditions of presentation of the work and allows him to exploit it financially. It is similar to the performing right for dramatic and musical works. But the visual artists display right is the cause of new problems about intellectual property. Indeed, the exhibition is based on a physical thing in which the work is embodied. Therefore, we need to examine the nature of copyright, which is considered to have an intangible subject-matter. This concept is more convenient for literary, dramatic and musical works. This development calls the terms “intangible property” into questions, as they are used by the French copyright law. The visual artists display right shakes the very foundations of copyright and upsets its own structure. This thesis is intended to examine theses problems. Thus it appears that the terms “intangible property” refer to the property of the author’s right itself, as a possession, instead of the property of the work. That’s why the distinction between this property and the property of the tangible item should be considered as a distinction between two rights. In addition, the innovative nature of the visual artists display right shows that copyright has more been provided for literary, dramatic and musical works, than for the artistic works. This right also contributes to the harmonization of the literary and artistic property
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Holmedal, Samuel. « Förslag till reform av den upphovsrättsliga skyddstiden : En argumentsorienterad studie över skyddstidens längd ». Thesis, Uppsala universitet, Juridiska institutionen, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-248067.
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Hendrychová, Jitka. « Vybrané právní otázky výtvarných děl ». Master's thesis, Vysoká škola ekonomická v Praze, 2015. http://www.nusl.cz/ntk/nusl-204947.
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This diploma thesis deals with selected legal questions regarding artwork in Czech Republic. Author focuses on artwork from copyright and civil legal perspective, specifically author´s rights and copyright and its legal protection (civil, administrative and criminal). It also addresses questions concerning licenses and licensing agreements, relation between artwork and its material object, buying and selling artwork, purchase agreement and other types of contract that artists usually encounter. The aim of this thesis is to identify the current state of legislation in this matter and issues that need to be addressed. Among other methods, author used a comparative method and a research in a form of survey in this thesis.
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Lafont-König, Clotilde. « Le droit moral en pays de copyright ». Grenoble 2, 2005. http://www.theses.fr/2005GRE21019.
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Sol, Credence. « Le droit des artistes-interprètes à la protection de leur travail à l'ère numérique ». Thesis, Tours, 2017. http://www.theses.fr/2017TOUR2026/document.
Texte intégralRésumé :
Ce travail s’attache à étudier le droit des artistes interprètes à la protection de leur travail à l’ère numérique. La première partie de ce travail s’intéresse à la théorie des droits d’auteur, l’histoire des droits moraux, et à l’application de la théorie des droits moraux aux procès qui impliquent les artistes interprètes aux Etats-Unis, au Royaume-Uni, et en France. De plus, ce travail présente le droit international en la matière, y compris la Convention de Berne et le Traite de Beijing. La deuxième partie de ce travail examine l’histoire de l’industrie du cinéma. Plus spécifiquement, il se concentre sur l’histoire de l’industrie du cinéma aux Etats-Unis, au Royaume-Uni et en France, en observant comment les progrès des technologies cinématographiques ont affecté les droits des acteurs de cinéma dans le domaine du droit national et international. La troisième partie de ce travail propose un Protocole au Traité de Beijing afin que créer un mécanisme pour diminuer les obstacles à l'accès à la justice qui empêchent les artistes interprètes de faire valoir leurs droits. La thèse se termine par uneréflexion sur les leçons qui peuvent être tirées de l'histoire et des pratiques actuelles des États-Unis, du Royaume-Uni et de la France en ce qui concerne les droits moraux des artistes interprètes, en recommandant que les trois pays fournissent à l'avenir des protections plus significatives aux artistes interprètesThis work provides a broad study of the right of performing artists to protect their performances in the Internet era. The first part of this work explores the theoretical foundation of copyright law, the history of moral rights, and the application of the theory of moral rights to cases affecting performing artists in the United States, the United Kingdom, and France. In addition, this work discusses relevant international law, including the Berne Convention and the Beijing Treaty. The second part of this work addresses the history of the movie industry. More specifically, it concentrates on the history of the film industry in the United States, the United Kingdom, and France, observing how technological progress in filmmaking techniques have affected the rights of movie actors under both national and international law. The third part of this work proposes a Protocol to the Beijing Treaty that would create a mechanism to lower the barriers to justice that currently prevent performing artists from vindicating their rights. This work concludes with a reflection on the lessons that can be drawn from both the history and the current practices of the United States, the United Kingdom, and France with respect to the moral rights of performing artists, recommending that the three countries provide more significant protections to performing artists going forward
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Samartzi, Vasiliki. « Digital rights management and the rights of end-users ». Thesis, Queen Mary, University of London, 2013. http://qmro.qmul.ac.uk/xmlui/handle/123456789/8642.
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Digital Rights Management systems (DRM) are frequently used by rightsholders in order to protect their works from the, very high indeed, possibility to be copied, altered or distributed without authorisation by users who take advantage of available state-of-the-art copying techniques. Because DRM are legally protected by anti-circumvention legislation both in the United States and in Europe, a debate goes on more than a decade now regarding their impact to the notion of “balance” among copyright stakeholders that traditionally underpinned copyright law. In this context, this study examines, in turn, the philosophical underpinnings of analogue and digital copyright law focusing of copyright exceptions, the development of a notion of a minimum of lawful personal use for the digital environment based on existing copyright exceptions and users’ expectations of personal use, and the impact of the use of DRM and of the introduction of anti-circumvention legislation to this notion. While the European Information Society Directive 2001/29/EC (EUCD) is the main legal instrument analysed and criticised, the role of other Directives is also examined to the extent they address the relationship between lawful personal use and anticircumvention legislation. Legal developments in the United States could not have been absent from this discussion since anti-circumvention legislation was introduced there much earlier than the EUCD and important case-law and legal commentaries have developed since. Following the identification of problems regarding the operation of a minimum of lawful personal use in digital settings, the proposal to introduce a right to engage in self-help circumvention afforded to users of DRM-protected works for Europe is put-forward. Such a right would not undermine rightsholders incentives to offer works online and develop new business models but would acknowledge the users’ interest to interact and tinker with digital works taking full advantage of the new possibilities offered by digitisation.
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Harris-Adler, Rosa Carleton University Dissertation Journalism and Communication. « Copyright, periodicals and the Internet : digital rights battle ». Ottawa, 1997.
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Harris-Adler, Rosa. « Copyright, periodicals and the Internet, the digital rights battle ». Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/tape15/PQDD_0006/MQ32412.pdf.
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Gillespie, Tarleton. « Sleight of hand : law, technology, and the moral deployment of authorship in the Napster and DeCSS copyright cases / ». Diss., Connect to a 24 p. preview or request complete full text in PDF format. Access restricted to UC campuses, 2002. http://wwwlib.umi.com/cr/ucsd/fullcit?p3036996.
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Shipman, Lori-Lin. « The movie piracy industry in China and its relationship with intellectual property rights ». online access from Digital Dissertation Consortium, 2007. http://libweb.cityu.edu.hk/cgi-bin/er/db/ddcdiss.pl?1446018.
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Schaefer, Brian. « Universal rights from external reasons ». Thesis, University of Edinburgh, 2002. http://hdl.handle.net/1842/4005.
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The thesis is an attempt to find a satisfactorv grounding for universal moral rights. It attempts to ground universal moral rights in a revised version of the framework of moral reasons offered by T.M. Scanlon in What We Owe to Each Oflzer. In doing so it takes on several related projects. It makes a case for why rights generally, and universal rights in particular, are an essential part of a proper moral theory. It then attempts an extended argument in support of why the method of grounding universal rights at which I eventuallv arrive is superior to competitors. The argument encompasses both why I believe that universal rights need to be grounded in an objective meta-ethcs, and why I take the sort of irrealist cognitivism advanced by Scanlon to be the most promising form of moral objectivism. The argument is admittedly defeasible: it is not so ambitious as to try to eliminate every competing rights theory, but it purports to be strong enough to show that my theory enjoys significant adivantages over manv others. In the course of making this argument I align myself with the natural law tradition, and claim that mv position is best understood as a new natural law theory. The thesis goes on to defend many elements of the Scanlonian picture of moral reasons, but also to revise that picture in important ways, particularly by arguing that Scanlon’s contractualism is best understood to be underpinned bv an account of the sacred offered by Ronald Dworkin, and that some moral reasons are reasons we all share. The final chapter of the thesis shows how rights are derived from Scanlonian reasons, and particularly how universal rights are derived from shared reasons.
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Lin, Tzu-Lane. « A comparative look at performers' rights protection in Canada, the United States of America, the United Kingdom and the Republic of China (Taiwan) ». Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ39206.pdf.
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Malczyk, Anna. « Games, copyright, piracy : South African gamers' perspectives ». Master's thesis, University of Cape Town, 2010. http://hdl.handle.net/11427/14315.
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Includes bibliographical references (leaves 111-126).This thesis examines video games, copyright law and gamers' attitudes to copyright infringement, with particular reference to South Africa. The work provides an overview of the debates about copyright law and digital media, and offers an analysis of attitudes expressed by South African gamers about copyright infringement, popularly termed 'piracy'. The thesis reveals that, while about 70% of the gamers in this study share content illegally, they express complex and varying motivations for doing so, and have various and conflicting means of understanding the supposed illegality of the act. Some of the issues raised by participants in this study relate to contested perspectives on Digital Rights Management (DRM). In this work, I argue that DRM erodes civil liberties and does not necessarily extend the interests of gaming corporations. In this regard, the thesis explores alternative strategies to the restrictive approaches adopted by advocates of DRM as well as prohibitive copyright laws and multilateral agreements on intellectual property. In essence, this work intends to establish middle ground between gamers, who place a high premium on usability and affordability of gaming products, and the gaming corporations, who are interested in extending market share as well as protecting what they deem to be their intellectual property.
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Wagenaar, Tanya. « A comparative analysis of the development of performers' rights in the United Kingdom and South Africa ». Thesis, Nelson Mandela Metropolitan University, 2011. http://hdl.handle.net/10948/1442.
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Although performers have been rife for centuries, no legal regime was required for their protection owing to the fact that the nature of their performances was transitory. It was not until the invention of the phonogram in 1877, that the need to provide performers with the means to protect the unauthorised uses of their performances became an issue. The subsequent development of performers' rights has been fuelled by the rapid technological developments of the modern age which has prompted the international community to respond through various international instruments. Performers initially sought protection in terms of the Berne Convention in 1886, but it was not until the Rome Convention in 1961 that performers were first accorded international recognition. This was followed by the TRIPs Agreement in 1994 and the WPPT in 1996. This work involves an investigation into the historical development of performers' rights in the United Kingdom and South Africa. This is followed by a comparative analysis of the current state of performers' rights as between the United Kingdom and South Africa with a view to proposing recommendations for improving the level of protection accorded performers in South Africa. Arguments in favour of a regime of performers' rights as well as possible counter-arguments have been advanced. The general development of performers' rights as a related or neighbouring right to copyright is focussed on. The development of performers' rights in the United Kingdom is discussed with reference to the first English legislative form of protection, namely the Dramatic and Musical Performers' Protection Act, 1925. This Act only provided performers with criminal remedies, a view that prevailed through several subsequent enactments designed to protect performers as a result of ratification of the Rome Convention. It was not until 1988 when the decision in Rickless v United Artists Corp prompted the legislature to grant performers with enforceable civil remedies through the enactment of the Copyright, Designs and Patents Act, 1988. Several European Union Council Directives aimed at harmonising the law relating to performers' rights throughout the Union were issued, mainly in response to the TRIPS Agreement. In order to comply with these Directives, the United Kingdom passed Regulations to bring about the necessary amendments to the Copyright, Designs and Patents Act. Performers in the United Kingdom were granted moral rights in 2006 as a result of the United Kingdom's ratification of the WPPT. The development of performers' rights in South Africa has been slow when compared to that of the United Kingdom. It was not until 1967 that performers were first legally recognised in South Africa. Although South Africa has yet to ratify the Rome Convention, it was stated in South African Broadcasting Corporation v Pollecutt that the Act was clearly passed with a view to complying with the Convention. South Africa's ratification of the TRIPs Agreement brought about amendments to the Act, particularly regarding the duration of protection which was increased from 20 to 50 years. Although South Africa played an active role in the conclusion of the WPPT, it has yet to ratify it. However, amendments were made to the Act in line with this Treaty, such as the incorporation of “expressions of folklore” within the ambit of protection, and the granting of a right to receive royalties whenever a performer's performances are broadcast. This is commonly known as needletime. South Africa's reluctance to grant performers with moral rights as provided for by the Treaty is noteworthy. The introduction of needletime into South African law has resulted in a fierce debate between collecting societies (who represent authors and performers) and the NAB (who represent users of performances). Mainly as a result of this dispute, performers in South Africa have, to date, not received any royalties due to them. The protection of traditional knowledge has also received attention of late with the Intellectual Property Laws Amendment Bill, 2010 which aims to bring traditional knowledge inter alia within the ambit of the Performers' Protection Act. The current state of performers' rights in the United Kingdom and South Africa are compared in order to identify ways in which the level of protection accorded performers in South Africa could be improved. The Copyright, Designs and Patents Act is compared with the Performers' Protection Act through emphasis being placed on the definition of a “performer”; the definition of a “performance”; the nature of performers' rights; exceptions to infringement; the term of protection; the retrospectivity of the legislation; and the enforcement measures in place. Upon analysis, it was found that the Performers' Protection Act can be amended in several ways in order to increase the level of protection accorded performers in South Africa.
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Smith, R. H. « Moral equality and rights : a specificationist account of rights in conflict ». Thesis, University College London (University of London), 2015. http://discovery.ucl.ac.uk/1463364/.
Texte intégralRésumé :
This thesis explores the philosophical nature of the relationship between equality, individual rights, and human dignity, and seeks a normative framework for resolving seemingly incommensurable conflicts of fundamental rights. Part I explores theories of individual partiality, and the potential for consonance between contemporary egalitarian rights theory and a specificationist methodology for the resolution of incommensurable value conflicts. Chapters 2, 3, and 4 put forward an interpretation of human dignity based upon particular conceptions of individual moral equality and partiality; while chapter 5 moves on to explore the relationship between egalitarian rights theory and specification theory, with a view to providing a theoretical framework for resolving seemingly incommensurable conflicts of rights. Part II comprises three in-depth chapters providing close legal analyses of contemporary constitutional rights conflicts, demonstrating how the normative understanding of the nature of rights and their conflicts gained in Part I can inform the way we think about real life value conflicts. Chapters 6 explores the conflict in liberal values between religious liberty and women’s equal dignity; Chapter 7 considers the normative implications of BRCA genetic patenting for human dignity; and Chapter 8 investigates the recent US Supreme Court decision to strike down the equal protection clauses of the US Voting Rights Act 1965 as unconstitutional, and explores the role the past ought to play in the justification of contemporary rights. These case studies apply an egalitarian-specificationist methodology to the critical analysis of contemporary conflicts of constitutional rights, with a view to critiquing the normative implications of our current approach to resolving seemingly irreconcilable conflicts of fundamental rights today.
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Fares, Tony Yussef. « Digital rights management for smart containment objects ». Access electronically, 2005. http://www.library.uow.edu.au/adt-NWU/public/adt-NWU20060511.151012/index.html.
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Corlett, Jay Angelo. « Moral Compatibilism : Rights, responsibility, punishment and compensation ». Diss., The University of Arizona, 1992. http://hdl.handle.net/10150/185747.
Texte intégralRésumé :
The moral status of collectives is an important problem for any plausible moral, social and political philosophy. Are collectives proper subjects of moral rights and moral responsibility (liability) ascriptions? Is it morally justified for the state to punish collectives for criminal offenses, or for the state to force collectives to pay compensation for tort offenses? Moral Individualism denies that collectives are properly ascribed properties such as moral rights, moral liability, and punishability, while Moral Collectivism affirms that some collectives may be legitimately ascribed all such moral properties. I argue for a compatibilist position: "Moral Compatibilism." Using a hybrid interest/choice model of collective moral rights, I argue that it is justified to attribute moral rights to some collectives (prototypically, numerically large nations and corporations). Furthermore, I argue that it is morally unjustified for the state to impose sanctions on collectives. For a necessary condition of the state's imposing sanctions on collectives (in a morally justified way) is that the object of the imposed sanction is a morally liable agent. But collectives, though they can (ideally) be morally liable for their doings, are typically not structured such that they are morally liable agents. Collectives--even highly organized ones--do not typically satisfy some of the conditions jointly necessary for moral liability. It is not clear that they are intentional, epistemic, and voluntary agents. This distinction between what a collective can become and what it typically is in regards to intentionality, voluntariness, etc., is crucial. Yet it is not made by others working in this area. The arguments of this dissertation have important theoretical and practical implications for action theory, moral, social, legal, political philosophy, and business ethics. It in no way follows from my arguments that collectives cannot be restructured so that they can satisfy the conditions of moral liability and become justified objects of state sanction when they act negligently or criminally. In fact, I argue that it is the moral obligation of persons in society to restructure their social institutions so that such collectives become morally liable agents (at least to some meaningful extent). This poses a challenge to moral, social and political philosophers to think of how such collectives might be restructured so that the state may legitimately impose sanctions on them to the extent that they are morally liable agents.
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Jardstam, Karin. « The Stranger’s Case : Refugees and Moral Rights ». Thesis, Umeå universitet, Institutionen för idé- och samhällsstudier, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-162370.
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Using the events in Sweden in the autumn of 2015 as a practical example, this paper examines the question of whether there are circumstances when it is morally permissible for rich, democratic states to close their borders to asylum-seekers. To lay a common ground, the author starts by looking at the right of asylum-seekers, who a refugee is, and what obligations a host country have towards them. Thus, after looking at general human rights, and how they apply to the right to seek asylum, the author turns to the question of who a refugee is, and the difference between refugees according to the 1951 Geneva Convention, and people who are in need of subsidiary protection, before choosing to use UNHCR’s wider definition of a refugee. While acknowledging that refugees have specific rights that other persons in need of protection do not, all asylum-seekers are entitled to not be sent back to a place of danger (which is the principle of non-refoulement). Though both groups are entitled to stay on in the country, the temporary status for those in need of subsidiary protection raises some questions about integration and their standing in society and therefore the question of membership rights is discussed before the author returns to the events in Sweden in 2015 and argues that there are circumstances when it is morally acceptable for a country to close its borders to refugees, but that there are limitations when this can be done and for how long. Finally, it is argued that a system that prevents countries from having to – or choosing to – close their borders to refugees is needed. The author discusses whether the grounds for such a system could be found in the work that UNHCR does, and if the DAC agreement can be used as a model for fair distribution.
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Ang, Steven. « The moral dimensions of intellectual property rights ». Thesis, Queen Mary, University of London, 2011. http://qmro.qmul.ac.uk/xmlui/handle/123456789/9008.
Texte intégralRésumé :
The Moral Dimensions of Intellectual Property Rights explores the various aspects of IPRs in which moral evaluation and claims play a role. According to R M Hare, moral concepts and reasoning are characterized by the universalization of prescriptions. Universalization links the various dimensions in a way that rationally forces us to revise the moral basis of the various claims we make for, about and of IPRs, and ultimately provides grounds for their reform. The method of reflective equilibrium is focused in the first place on Hare’s meta- ethics, to derive a reformulation which is herein called fundamental prescriptivism. This requires a foundational set of moral principles to work. Our expectation that moral principles and values must serve to guide us, and resolve conflict between us, with objective rational force, provides the basis for adopting such a set of fundamental prescriptions. These sum up in the equal right to freedom and well- being as the ultimate basis for moral evaluation of our institutions. An implication of this right is that property in IPR systems must be balanced with participation rights (moral and legal) of the public to a public domain which allows individuals to have access to, and use, objects of intellectual property. When, in seeking reflective equilibrium, this is applied to the various aspects of IPRs, the result is an exploration of the inter-connectedness of following: justification of IPRs based on this equal right to freedom and well-being; explanation of the function of, and justification for, the presence of moral concepts and terms in national and international IPR rules; the commitments implied by use of these moral ideas for our obligations in respect of the way we enjoy, exploit and enforce our IPRs, and, ultimately, our duty to reform of IPRs in ways that respects the participation rights implied by this principle.
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Mosharrof, Sadia. « Intellectual Property Rights and the Game Industry : Focusing on Copyright law ». Thesis, Uppsala universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-415694.
Texte intégralRésumé :
This thesis looks at how copyright laws are used in the home console Gaming industry and, in particular, how these laws are used to capture the returns from Investment .Which can indirectly provide a stimulus to innovation. The relationship is evaluated in two selected markets: the United States (USA), the European Union.This thesis assesses this relationship through a unique approach, adopting both a legal approach and economic analysis. The thesis begins with a detailed analysis of the market for this industry to identify the key factors affecting the ability of individual businesses to return on investment.Next come Section II which continues to examine the effects of copyright on these factors in the developed markets of the United States and Europe. It's the view of this thesis that copyright laws can theoretically be used to maximize the performance of a business investment without distorting competition; therefore, the thesis suggests that IPRs indirectly, it can create incentives to innovate.
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Foster, Sharon E. « In praise of economic policy : copyright and the human rights agenda ». Thesis, University of Edinburgh, 2007. http://hdl.handle.net/1842/29106.
Texte intégralRésumé :
In August of 2000 the United Nations Sub-Commission on Human Rights approved Resolution 2000/7 which declared, in part, that there was a primacy of human rights over economic policies. While Resolution 2000/7 was focused on potential conflicts between human rights goals, such as education, and economic policies reflected in domestic economic policies and the TRIPS agreement, subsequent commentary on Resolution 2000/7 suggests a much broader meaning; specifically, a legal obligation under international law to provide for these human rights to those in need and the exclusion of certain economic human rights such as a creator’s right to material gain from his creation. This paper addresses the misunderstandings created by Resolution 2000/7, specifically with regard to copyright, through an historic, legal and economics analysis. First, the paper examines the aspirational nature of non-fundamental human rights, such as education. Next, it examines the inclusion of the right to material gain from a creation as a human right. Additionally, this paper examines the history of economic policy in the creation of the United Nations and modern human rights law. Further, the paper explores the interconnectedness of economic policy and human rights with regard to education by analysing the history of copyright in the domestic and international context. Finally, solutions are explored with particular focus on a balancing approach instead of the absolute priority suggested by Resolution 2000/7.
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Latter, Gareth Paul. « Copyright law in the digital environment : DRM systems, anti-circumvention, legislation and user rights ». Thesis, Rhodes University, 2012. http://hdl.handle.net/10962/d1003196.
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This thesis deals with the way in which copyright law is changing in the digital environment and the mechanisms which are facilitating this change. It deals with these issues by analysing the mechanisms of this change, specifically Digital Rights Management (DRM)Systems and anti-circumvention legislation, and the impact which this change is having on the rights of copyright users. The purpose of copyright is to provide an incentive to authors to continue creating while simultaneously providing a public good in allowing the public to use those creations in certain ways. Copyright achieves this purpose by granting both the author and user certain rights. The author is given a limited monopoly over their work in exchange for allowing this work to enter the public sphere and ensuring that users of that work can utilise that work in certain limited ways. The success of copyright thus rests on maintaining the balance between the rights of these parties. The rise of digital technology has created a situation in which copyright content can be easily copied by any party with a Personal Computer and disseminated around the globe instantly via the Internet. In response to these dangers, copyright owners are making use of DRM systems to protect content. DRM systems include various measures of control within its scope. Theses systems allow for copyright owners to control both access and use of content by copyright users. DRM Systems are not foolproof measures of protection however. Technologically sophisticated users are able to circumvent these protection measures. Thus, in order to protect DRM Systems from circumvention, anti-circumvention legislation has been proposed through international treaties and adopted in many countries. The combined effect of these protection measures are open to abuse by copyright owners and serve to curtail the limited rights of copyright users. The end result of this is that the balance which copyright law was created to maintain is disrupted and copyright law no longer fulfils its purpose. This thesis undertakes an analysis of these issues with reference to how these issues affect copyright users in developing countries. This is done with particular reference to possible approaches to this issue in South Africa as South Africa is a signatory to these anti-circumvention treaties.
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Kronner, Ralf. « Digitaler Werktransfer : zum Interessengleichgewicht zwischen Verwertern, Nutzern und dem Gemeinwohl eine rechtsvergleichende Studie des amerikanischen copyright mit dem deutschen Urheberrecht zum Verhältnis technischer Schutzmechanismen zu privater Vervielfältigung und Erschöpfungslehre dargelegt am Beispiel von Musikwerken ». Berlin wvb, Wiss. Verl, 2007. http://d-nb.info/988039532/04.
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Weisenbacher, Christof. « Digital Copyright - Problemstellungen und Anforderungen des Urheberrechts in der Internetgesellschaft ». [S.l. : s.n.], 2003. http://www.bsz-bw.de/cgi-bin/xvms.cgi?SWB11612091.
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Al-Sharieh, Saleh. « A Roadmap for Assimilating Authors’ and Users’ Human Rights into International Copyright Law ». Thesis, Université d'Ottawa / University of Ottawa, 2014. http://hdl.handle.net/10393/31359.
Texte intégralRésumé :
This thesis argues that international copyright law should play a stronger role in the implementation of authors’ and users’ international human rights. In international human rights law, authors’ and users’ human rights are two sides of the same coin: both derive from human dignity and contribute to the development of the human personality. Authors have a set of moral and material interests that entitle them, as a minimum, to an adequate standard of living, to be (or not to be) associated with their intellectual works, and to object to any distortion or mutilation of those works. These entitlements receive a viable back up protection from authors’ human rights to freedom of expression and property. At the same time, users have human rights in culture, arts, and science that entitle them to access, use, and share intellectual works. Also, their human rights to freedom of expression and education reinforce these entitlements. Authors’ and users’ human rights are reciprocal, mutually-reinforcing, and mutually-limiting. Thus, their balanced implementation—by means of legislation or adjudication—depends on three rules: authors’ and users’ human rights are limited, they are not hierarchal, and they are interdependent on and indivisible from other human rights and freedoms.
On the other hand, despite its practicality and predominance, the exclusive-right system of international copyright law does not necessarily enable authors to achieve an adequate standard of living, and TRIPS has explicitly overlooked their moral interests. Similarly important, the nature and nurture of international copyright law do not give due weight to users’ human rights. International copyright law includes very few mandatory exceptions and limitations, which are supposed to address users’ rights by granting them some liberties or immunities when using intellectual works, but states’ ability to devise new exceptions and limitations is curtailed by the three-step test. Overall, international copyright law fails to meet the balance requirements of international human rights law since it creates a set of hierarchies between the rights it regulates, sometimes fails to recognize the limited nature of authors’ rights, and is inattentive of copyright’s impact on the whole corpus of international human rights.
The thesis suggests that international copyright law should become clearer— and more interested—in implementing the international human rights of authors and users of intellectual works. It can do so by incorporating as an objective the implementation of authors’ and users’ human rights in a balanced manner. This objective can function as a ground rule on which further measures necessary for the implementation of authors’ and users’ human rights may rely. In addition, it can provide normative support to some scholars’ proposals for reforming international copyright law.
The new objective of international copyright law may become part of the regime through amending TRIPS, interpreting its provisions by the WTO panels and Appellate Body, or establishing a new international copyright instrument.
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Kam, Ka Man. « Reproduction rights in digital environment and copyrights protection : legal issues and challenges ». Thesis, University of Macau, 2011. http://umaclib3.umac.mo/record=b2580191.
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Cronin, Kieran James. « The value of the language of rights in Christian ethics, with particular reference to reproductive rights ». Thesis, University of Edinburgh, 1989. http://hdl.handle.net/1842/19662.
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McCarron, Gary. « Animals as moral others obligation in the context of animal emancipation / ». Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/tape15/PQDD_0011/NQ33541.pdf.
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Hausman, Gary J. « Frames and Overflows in Rights Expression Languages ». Thesis, School of Information and Library Science, 2006. http://hdl.handle.net/1901/361.
Texte intégralRésumé :
This paper analyzes the visions, schemas, and vocabularies of prominent rights expression languages, including Creative Commons, METS, ODRL, and MPEG-21. The paper extends Michel Callon’s sociological insight that all forms of human agency are multiple and diverse. Callon argues, in the context of economic sociology, that one must constantly decide between a strategy emphasizing “framing” as the norm with “overflows” treated as leaks, or conversely a strategy accepting “overflows” as the norm with “framing” as inherently imperfect. Callon’s categories are extended, through a modeling exercise, to the classification of current metadata schemes. The analysis suggests that metadata developers should explore what semantic choices and strictures are left out of metadata schemes, as well as those that are included. Such a thought exercise is especially useful in distinguishing areas suited for XML rights markup extensions.
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Trerise, Jonathan. « A justified system of intellectual property rights ». Diss., Columbia, Mo. : University of Missouri-Columbia, 2007. http://hdl.handle.net/10355/4788.
Texte intégralRésumé :
Thesis (Ph. D.)--University of Missouri-Columbia, 2007.The entire dissertation/thesis text is included in the research.pdf file; the official abstract appears in the short.pdf file (which also appears in the research.pdf); a non-technical general description, or public abstract, appears in the public.pdf file. Title from title screen of research.pdf file (viewed on December 14, 2007) Vita. Includes bibliographical references.
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Bednarz, Tobias. « Diversity in online music : a European Union debate on cultural diversity and the collective management of authors' rights ». Thesis, University of Edinburgh, 2017. http://hdl.handle.net/1842/33294.
Texte intégralRésumé :
facilitated the licensing of music to the benefits of right holders and commercial users alike. In the online realm, however, the rationale of the collective administration of copyright has been challenged and its functioning re-configured. At a moment in time where the Internet has made the cross-border distribution of recorded music easier than ever, right holders are yet to find licensing solutions appropriate for multi- territorial online uses. This, in turn, slows down the uptake of legal online music services and prevents the realisation of the Digital Single Market, pursued within the EU. The European Commission has intervened twice, first in 2005 in the form of a non-binding Recommendation, and later in 2008, when it held that the collecting societies' practice of restricting their activities to their respective domestic territory was anti-competitive. Arguably, the contradictory effects of EU action have exacerbated rather than remedied the existing difficulties that cross-border online music services face in clearing the necessary authors' rights. This thesis proposes to re-contextualise this problem around cultural diversity, which is a recurring buzzword in the ongoing debates and which EU institutions are legally obliged to promote and to respect. Despite this seeming acknowledgment of the concept, no sound legal analysis of its scope or its implications for the field of online music has yet been proposed. Pursuing such analysis, this thesis first examines the meaning of cultural diversity under EU law to submit an understanding of it as intercultural pluralism. It then assesses the boundaries of the EU obligation to promote cultural diversity in view of the goals of the UNESCO Convention on the Promotion and Protection of the Diversity of Cultural Expressions. An analysis of the relationship between the two sets of norms suggests interpreting the EU mandate of promoting cultural diversity in light of the scope of the international obligations wherever EU action affects cultural creations. Applied to the context of online music, this novel interpretation implies that cultural diversity is promoted if all groups within the EU (a) have the ability to express their cultural identity through online music; and (b) are in a position to access online music expressing different cultures from within and outside the EU. Cultural diversity thus calls for the licensing regime to be reorganised so that online music services may, in a simple and effective way, clear the rights necessary for the online use of the entire available EU repertoire as well as a diverse foreign and, ideally, the entire worldwide repertoire. Finally, this thesis assesses the current online licensing mechanisms in a practical application of these findings, testing the commonly raised argument that collective rights management promotes cultural diversity and investigating, in parallel, whether the practical consequences of the EU interventions have promoted the diversity of online music.
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Bollom, Michael W. « Capturing ideas : institutions, interests, and intellectual property rights reform in India / ». Thesis, Connect to this title online ; UW restricted, 1997. http://hdl.handle.net/1773/10740.
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Burström, Anders, et Jonas Callander. « Digital Rights Management, Evaluation of existing systems ». Thesis, Linköping University, Department of Electrical Engineering, 2004. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-2021.
Texte intégralRésumé :
The aim of this report is to examine if existing Digital Rights Management systems are useful and satisfying to the consumer, copyright owner and distributor. If not, is it possible to design a useful and satisfying Digital Rights Management system?
During the past few years, copyright owners of music, movies and other media have seen how piracy has increased with the introduction of affordable broadband technology. Record and movie corporations have pushed for a solution to piracy and one of them is Digital Rights Management. They want their customers to pay for and then enjoy the digital media but at the same time protect the rights of the copyright owner. That is what Digital Rights Management is all about; protect the copyright owner while allowing the consumer to enjoy their digital media. Digital Rights Management can restrict the users rights to copy and transfer the contents to other devices as well as restrict the number of times a user is allowed to use the media.
The present DRM systems are focusing on preventing digital media from being freely distributed by limiting the ability to copy or move the media. This puts limitations on fair use such as making personal copies of music. Copyright owners and distributors want more consumers to discover DRM, but so far, the consumers have shown little interest.
This report is based on various resources on the Internet such as white papers on Digital Rights Management, our own experimentation and on Microsoft Media Rights Management SDK documentation.
We do not believe it is possible to design a DRM system that consumers, copyright owners and distributors are satisfied with. It is not possible to combine the demands of copyright owners and the consumers’ claims of fair use.
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Alvarez, Amezquita David F. « Towards the protection of authors' moral and material interests through copyright laws : a comparative study ». Thesis, University of Nottingham, 2018. http://eprints.nottingham.ac.uk/52552/.
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This thesis argues that the interaction between copyright and human rights must be understood in the pitch of protecting an author’s moral and material interests. The implications of such an understanding has been analysed in three interrelated areas. One is the justification of copyright through different theories and how this can be connected to the principles of a modern conception of natural law. This has demonstrated that copyright responds to principles based on democracy, freedom of expression and equal rights of participation in the life of society. By protecting the author, society finds a mechanism that guarantees the diversity and dissemination of thoughts. Here is suggested that a concept of author should respond to the human potentiality of creativity as mean for free participation in the life of society. The second area of analysis of author’s rights is the comparative study of legislation, case law and doctrine in the mechanisms that Mexico, Argentina, Colombia, the US, the UK and Spain produce to the protection of the author. This has implied also the study of how some of those countries that have developed a constitutional structure protecting author’s interests within the understanding of the role that such a protection plays in the construction of a knowledge-based society. The study led to finding that those mechanisms related to the regulation of the contractual relationship between authors and producers are the most important for protecting author’s interests. There, the problem is to what extent the law can limit freedom of contract towards the protection of author’s interests. The international dimension of this problem shows that the narrative of protecting the author has been present in the discussion towards the construction of a universal copyright system. Such an aim of universalisation is coherent with the introduction of author’s rights in the structure of human rights, as for example in the ICESCR. The problem of regulating freedom of contract has been part of the discussions of international instruments recently in the texts of the US-Chile FTA and the TPP. It has been also considered in the recent proposal of EU Directive for Copyright in the Digital Market. However, the challenge is if a principle of protecting author's autonomy, dignity and freedom of creation which would limit freedom of contract in copyright could be reflected in an international instrument. The conclusion is that protecting the author requires attention and legal action, and that there are mechanisms at hand for such a purpose, which would add coherence to the interaction between copyright and human rights.
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Gunaji, Shannon Nagesh. « An analysis of analog hole circumvention of digital rights management and copyright protection techniques ». Diss., Connect to online resource, 2006. http://gateway.proquest.com/openurl?url_ver=Z39.88-2004&rft_val_fmt=info:ofi/fmt:kev:mtx:dissertation&res_dat=xri:pqdiss&rft_dat=xri:pqdiss:1433486.
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Martin, Elisabeth. « Young people's use of rights discourse in their moral judgements ». Thesis, Nottingham Trent University, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.271204.
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Steinberg, David Charles. « Why Hollywood lost the Uruguay Round : the political economy of mass communication revisited ». Thesis, London School of Economics and Political Science (University of London), 1999. http://etheses.lse.ac.uk/1568/.
Texte intégralRésumé :
In this dissertation I examine the reasons why the U.S. film industry lost the GATT-Uruguay Round negotiations on audiovisual services and intellectual property rights (IPRs) related to copyright. I revisit the political economy approach to communication and implement Mosco's (1996) suggestions on the approach's renewal. Mosco notes that political economists of communication thematically view the state as supporting transnational business (1996, p. 94). However, Jarvie's (1992) analysis of the relationship between the U.S. government and film industry between 1920 and 1950 suggests that this 'support' theme does not adequately capture the often antagonistic and unproductive relationship between the two parties. I extend Jarvie's (1992) work by developing themes from his scholarship and applying them to a case study on the Uruguay Round. I review the literature on the media-cultural imperialism thesis and focus on Herbert Schiller's (1969 [1992], 1976, 1989) scholarship. Schiller's thesis implies that outcomes in international relations are dictated by domestic determinants such as the influence of corporate lobbyists. However, I argue that the reasons why Hollywood lost lie not in domestic determinants alone, but in a broader perspective (derived from the discipline of international relations) that focuses on the interaction between domestic trade politics and international relations (Putnam, 1988 [1993]). Putnam characterises international negotiations as an interactive process involving the bargaining between negotiators and the separate discussions each delegation has with constituents in its domestic market on the ratification of the agreement. I assess themes from Jarvie's work and propositions from Schiller's thesis using Putnam's (1988 [1993]) two-level analysis and empirical evidence from primary documents and thirty-five interviews conducted over a three-year period (1994 to 1997) with U.S. and European negotiators and film executives. I argue that U.S. domestic trade politics hampered efforts by U.S. negotiators to reach a bilateral accord on audiovisual services and IPRs related to copyright because of linkages forged by EU Member States between progress in those talks and progress in talks on agriculture, maritime transport services, geographic indications related to wines and anti-dumping. A second obstacle to a bilateral accord was an influential hawkish minority of the Hollywood lobby, who set an aggressive agenda for U.S. negotiators and set off a chain reaction in the final moments of the Round that led to Hollywood's defeat. Finally, I present an alternative scenario to the argument (cf. Waregne, 1994; Dehousse and Havelange, 1994; Joachimowicz and Berenboom, 1994) that the French government dictated the outcome of the audiovisual services and IPRs negotiations. My scenario emphasises the preeminent status of the General Affairs Council, the role of EU Member States other than France, and Commission efforts to forge a bilateral deal. In the end, the hawks dictated the outcome of the audiovisual services talks, while a majority of EU Member States dictated the outcome of the talks on IPRs related to copyright.
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De, Vasconcelos Casimiro Paula Sofia. « Surpassing the shadows of copyright : the decline and fall of the enumeration of economic rights ». Thesis, Queen Mary, University of London, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.610912.
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Favale, Marcella. « Access to copyright works : fine-tuning DRM to balance the rights of owners and users ». Thesis, University of Nottingham, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.445682.
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Bowie, R. « The primacy of dignity and human rights education ». Thesis, University of Kent, 2011. http://create.canterbury.ac.uk/10488/.
Texte intégralRésumé :
Human rights education (HRE) is a growing pedagogical force that lacks conceptual theorisation and awareness of an emerging postsecular context. This hampers the extent to which it can accomplish its aims of encouraging friendship between people of different religious and philosophical traditions while advancing a universal culture of rights. The thesis analyses the role of religion within HRE literature, both at an international and theoretical level, and in the curriculum documents for English schools, finding parallel weaknesses resulting from this shallow theoretical base. The thesis contributes to HRE literature with a distinctive analysis of the foundational concept of dignity and the meaning-giving narratives that contributed to the concept’s development. It unravels the complexities surrounding an often mentioned but seldom explained concept, identifying relationships between inherent worth, human flourishing and societal recognition. It demonstrates that taking an inclusive approach to this conceptual framework allows for two crucial ingredients in contemporary society: different meaning-giving narratives may be held, while a common ethical understanding of rights based on dignity is adhered to. It argues that the concept of dignity is a foundation for a particular pedagogical approach that advances a commitment to the inherent worth of the human person. The approach consists of two reflexive elements: a self-reflective enquiry into the faiths and philosophies of the individual learners and a dialogue with and for others. These elements are essential if the colonial mistakes of earlier human rights movements are to be avoided, and they identify the significance of religious education in HRE. A proposal for a recontextualised form of HRE that is theologically and religiously literate presents a distinctive offering to guide policy and practice. The proposal acknowledges the overlap between educational movement and theological thought and makes specific reference to contributions from contemporary Catholic thinking. The thesis aims to motivate further research to carry forward the HRE proposal and develop new thinking about postsecular education.
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Doreleyers, April Elizabeth. « Perceptions of First-Generation Canadians on Rights and Deservingness of Healthcare for Canadian Newcomers ». Thesis, Université d'Ottawa / University of Ottawa, 2019. http://hdl.handle.net/10393/39271.
Texte intégralRésumé :
The present thesis provides insight into the social context in which the perceptions that first-generation Canadians have towards access to healthcare for newcomers may emerge. The study was completed in Ottawa-Gatineau in March and April of 2016 and covered the perspectives of nine people, across eight semi-structured interviews. Following the review of the literature and theoretical framework, the present work highlights the role that first-generation Canadians’ moral worlds play into how they perceive access to healthcare for Canadian newcomers. On the subject of perceptions of first-generation Canadians, this research goes beyond the practical concerns faced by newcomers and delves into people’s moralities as these relate to the interpretation of rights and deservingness of access to subsidized healthcare. In grasping the different ways that health and healthcare are understood, as well as individual perceptions of the granting healthcare to newcomers to Canada, my thesis makes visible moral elements that can help to understand how rights to healthcare can be configured and reconfigured across various contexts.