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1
Nuss, Sabine. "Copyright & Copyriot : Aneignungskonflikte um geistiges Eigentum im informationellen Kapitalismus /." Münster : Westfälisches Dampfboot, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/516811444.pdf.
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2
Cooper, Elena Sophia Christina. "Art, photography, copyright : a history of photographic copyright, 1850-1911." Thesis, University of Cambridge, 2011. https://www.repository.cam.ac.uk/handle/1810/283882.
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3
Mazeh, Yo'av. "Originality in copyright." Thesis, University of Oxford, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.402713.
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4
Adduono, Christopher. "Rebalancing copyright law." Thesis, University of Southampton, 2015. https://eprints.soton.ac.uk/383136/.
Повний текст джерелаАнотація:
This research focuses on copyright law particularly its ability to provide for the competing needs of both the public and rights holders. The arrival of the internet has brought copyright to the forefront of legal, political and public discussion and has presented copyright law with a unique challenge. The internet although enabling creators to disseminate their works to a wider audience has also facilitated free illegal access to copyrighted materials. This has not only undermined copyright’s effectiveness and caused chaos but has questioned the very legitimacy of the entire concept of copyright. This research discusses copyright law specifically how the concept of balance between right holders and the public originated and if this fundamental concept is maintained in current law. Focus is given to the founding principles of modern copyright law in the Statute of Anne 1710 and Donaldson v Beckett where copyright was deemed to have a dual purpose. The first purpose of copyright is to protect the interests of rights holders so they are incentivised to create socially useful works and can exploit their work. The second opposing purpose of copyright is to protect the interests of the public so knowledge is disseminated, learning is encouraged and the public can adequately access copyrighted works. Although a suitable balance between these rival purposes was once achieved, this research will discuss the changing dynamic between rights holders and the public. This will involve discussion of the history of copyright law as well as the impact of areas such as human rights, copyright subsistence and fair dealing. My motivation for this research is that copyright law is currently facing a crisis with widespread infringement and disregard for the law through piracy. Governments are failing to enforce copyright law and public support for copyright is diminishing. This research is important because governments have repeatedly tried to solve the crisis however these attempts have been unsuccessful and piracy has become commonplace. The current governmental approach is to continue copyright expansion for rights holders and to introduce harsher legislation against users. My research aims to embark on a fundamental reassessment of the nature of copyright itself, what is the purpose of copyright and the competence of current legislation to meet these purposes. This will involve discussion of key internal and external components of the copyright regime to assess their ability to achieve these purposes and protect the interests of both right holders and the public. The thesis will conclude the abovementioned components, current legislation and case law favours the economic interests of right holders above the interests of the public and that a series of reforms are necessary to rebalance copyright law. The thesis makes a contribution to copyright academic discussion by providing a framework for a balanced copyright regime where the interests of the public are a fundamental guiding principle. The overall aim is for the public to be considered equally alongside rights.
5
Wei, Weixiao. "ISP copyright liability : towards an enhanced Chinese ISP copyright liability regime." Thesis, University of Strathclyde, 2009. http://oleg.lib.strath.ac.uk:80/R/?func=dbin-jump-full&object_id=11856.
Повний текст джерелаАнотація:
ISP copyright liability for copyright infringement over the Internet is a now widely adopted approach for tackling extensive online copyright piracy in various jurisdictions. However, in China, the inconsistent ISP knowledge standard and the lack of peer-to-peer file-sharing liability provisions in the existing legal framework are among the factors that impede effective copyright law enforcement on the Internet. The adoption of a broad knowledge standard and its application in case law, both in the U.S. and Germany, which have great influence on a Chinese ISP copyright liability system, are discussed along with a similar knowledge standard provided by the Chinese Online Copyright Regulations and its application to ultimately show the need of a broad knowledge standard in a Chinese ISP copyright liability system. As for the liability issues over peer-to-peer file-sharing networks, analysis of several prominent cases and the enacted or proposed legislation in this regard in an international context sheds light on the importance of a filtering mandate in effectively deterring copyright piracy. In a Chinese context, the absence of peer-to-peer file-sharing liability legislation and the inadequacy of the applied provisions in the existing legislation entail the examination of the need and the possibility of the mandatory use of filters in a Chinese ISP copyright liability system. For an enhanced Chinese ISP copyright liability regime, the thesis concludes with two recommendations that a broad ISP knowledge standard should be retained in the Chinese ISP copyright liability system and a filtering mandate is needed and should be legislated for efforts against widespread unlawful peer-to-peer file-sharing.
6
Barr, Kenneth W. "Music copyright in the digital age : creators, commerce and copyright : an empirical study of the UK music copyright industries." Thesis, University of Glasgow, 2016. http://theses.gla.ac.uk/7752/.
Повний текст джерелаАнотація:
Copyright markets, it is said, are ‘winner takes all’ markets favouring the interests of corporate investors over the interests of primary creators. However, little is known about popular music creators’ ‘lived experience’ of copyright. This thesis interrogates key aspects of copyright transactions between creators and investors operating in the UK music industries using analysis of various copyright related documents and semi-structured interviews with creators and investors. The research found considerable variety in the types of ‘deal’ creators enter into and considerable divergence in the potential rewards. It was observed that new-entrant creators have little comprehension of the basic tenets of copyright, but with experience they become more ‘copyright aware’. Documentary and interview evidence reveals creators routinely assign copyright to third party investors for the full term of copyright in sound recordings: the justification for this is questionable. An almost inevitable consequence of this asymmetry of understanding of copyright and asymmetry of bargaining power is that creators become alienated from their copyright works. The empirical evidence presented here supports historic and contemporary calls for a statutory mechanism limiting the maximum copyright assignment period to ten-years.
7
Marais, Richard. "Investigating musical copyright infringement: Examining International Understandings of Musical Copyright Infringement for Potential Adaptation into South African Copyright Law." Master's thesis, Faculty of Law, 2019. http://hdl.handle.net/11427/31006.
Повний текст джерелаАнотація:
This thesis examines international approaches to musical work copyright infringement law for the purpose of establishing an approach that can be utilised effectively under the South African copyright infringement framework. In doing so, the importance of the various interactive elements of musical works is investigated as well as the modes of assessment in infringement scenarios. The findings are used to create a robust middle-ground approach to be adapted into the South African copyright infringement framework. Further considerations that impact infringement outcomes are addressed to the extent that they are contextually relevant. These include a discussion of research undertaken on the continent regarding the relationship between creators and the music-related copyright regime as well as the role that exceptions and limitations play in infringement outcomes.
8
Daramaras, Konstantinos I. "Copyright and challenges to copyright : the case of 'piracy' and 'private copying'." Thesis, University of Leicester, 1996. http://hdl.handle.net/2381/34585.
Повний текст джерелаАнотація:
Copyright represents a constant and delicately poised balance among three, often competing interests: the author's and his/her rights in a protected work; the enterpreneur's who exploit such works and his/her own rights; and finally, the public who needs to have access to these works. However, especially since the mid-twentieth century, the system of copyright, and even its existence itself, has been seriously challenged. These challenges have come from the attitude of the 'developing countries', the advent of new technologies, and the consequent changing nature of piracy and private copying. This thesis examines these challenges in particular in relation to the audio-visual industries. Findings drawn from a wide range of sources ranging from private industry sources to intergovernmental bodies are used to determine the extent of piracy and private copying and the effects of these on the copyright industries and copyright owners alike. Different ways of meeting the challenges to copyright are explored in detail including technological solutions or 'fixes', trade-oriented measures, legal remedies, and educational programmes. Detailed attention is also paid to recent steps taken by the European Union and the GATT to establish a framework of copyright protection across the world. The likely success of all these measures is addressed in the concluding chapter.
9
Simone, Daniela Teresa. "Copyright and collective authorship." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:fba5022d-8647-4deb-91f3-8cd8c536bcfa.
Повний текст джерелаАнотація:
Many scholars have suggested that current copyright law is ill-equipped to the challenges of determining the authorship of collaborative work. This thesis analyses four case studies of large scale collaboration (Wikipedia, Indigenous art, scientific collaborations and film) in order to consider how best to determine the authorship of the creative works that they produce for the purposes of copyright law. Current scholarship and much of the case law has tended to favour a restrictive approach to the grant of joint authorship status, in order to minimise the number of potential authors of a work. This is motivated by instrumental/pragmatic concerns related to the ease of exploiting a copyright work. As joint authors are often joint first owners of copyright, proponents of this approach fear that a minor contributor might cause hold-up problems by refusing to consent to licence or assign their copyright interest. This thesis argues that an instrumental/pragmatic approach to the application of the joint authorship test is undesirable, because it distances the test both from the creativity reality of collective authorship and from copyright’s notion of the author. In addition, the instrumental/pragmatic approach relies upon assumptions about creators, the creative process and the exploitation of creative works which are not borne out in the case studies. Building on the insights from the four case studies, the thesis argues that the best approach to applying the joint authorship test to works of collective authorship is one that is inclusive (of all those who have made a more than de minimis contribution of creative choices to the protected expression) and contextual (in that it takes the context of creativity into account). In coming to this conclusion the thesis also offers broader lessons about the nature of authorship and the ongoing relevance of copyright law standards for the regulation of collaborative creativity.
10
Tilson, Koleta B. "Knowledge of and Response to Copyright Law, School Copyright Policy, and Copyright-related Issues: Survey of Secondary School Principals and Librarians." Digital Commons @ East Tennessee State University, 1990. https://dc.etsu.edu/etd/2810.
Повний текст джерелаАнотація:
The problem of this study was that, with the impact of new media and delivery systems, principals and librarians must respond to copyright issues in order to remain informed about the copyright law and the legal use of media. The purpose of this study was to gather and evaluate educator response to issues related to copyright. The study was conducted with a sample of regionally accredited secondary schools in the following states: Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, Texas, and Virginia. A total of 1008 questionnaires were mailed to the principal and the librarian of the 504 schools of the sample. The data of the study were provided by 546 (54%) questionnaires. The first twenty items of the questionnaire provided the variables used to organize, test, and report the data. The second part of the questionnaire was a multiple choice copyright test used to determine the copyright knowledge of the respondent. The t test was used to test the mean copyright test scores of educator groups for significant differences. Groups were defined by professional position, years of experience, involvement or no involvement in job related litigation, and law class or workshop participation since the enactment of the 1976 Copyright Law. Chi-square was used to test the frequencies of reported exposure to the 1976 Copyright Law between professional groups, experience groups, and law class or workshop participation groups. Seven null hypotheses were tested at the.05 level. The mean copyright test score of the librarian group was significantly higher than the mean score of the principal group. The mean test score of the law class participation group was significantly higher than the mean test score of the non-participation group. Responses of exposure to the 1976 Copyright Law provided a five category hierarchy. There was no significant difference in the exposure reported by the principal and librarian groups. The difference of exposure reported by the law class participation group and the non-participation group was significant. Fourteen research questions, which comprised the periphery of the study, were reported. The findings of the study provided the basis for the conclusions and recommendations.
11
Lauriat, Barbara. "The 1878 Royal Commission on copyright : understanding an attempt at Victorian copyright reform." Thesis, University of Oxford, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.605570.
Повний текст джерелаАнотація:
Decades after the 1842 Copyright Act, British copyright law was still a problem for anyone who had anything to do with it It was a muddle of conflicting cases and statutes, the application of copyright law to the colonies was uneven and controversial, and lack of international copyright recognition frustrated copyright owners. Under pressure to address these issues, the Government appointed a Royal Commission on Copyright in 1875; it was reformed in 1876, after the death of the first Chairman. In order to fulfill its mandate to make inquiry with regard to the law of copyright, the Commission conducted lengthy hearings for over a year before producing its 1878 Report. While the depth and breadth of its inquiry and analysis of the Jaw have long made it a useful resource for lawyers and historians, a closer look is warranted. In particular, this thesis suggests that the central debate over the nature of copyright as property must be placed in the context of prevailing political, philosophical, and economic movements of the nineteenth century, from the dominant economic ideology of free trade to the reforming spirit of utilitarianism reflected in the institution of royal commissions themselves. Although the subsequent attempts at codification failed and UK copyright law did not undergo major reform and codification until 1911, close examination reveals the Commission did have a significant influence on the subsequent development of copyright law. Its considered recommendation that copyright should continue to be treated as a property right, despite forceful arguments to the contrary, set copyright law on a path of development that it would follow throughout the next century.
12
Anderson, Eric. "Pimps and Ferrets: Copyright and Culture in the United States, 1831-1891." Bowling Green, Ohio : Bowling Green State University, 2007. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=bgsu1193529137.
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13
Kirk, Ewan. "Anglo-US copyright and the challenge of digitization : maintaining the balance of copyright principles." Thesis, Southampton Solent University, 2001. http://ssudl.solent.ac.uk/1146/.
Повний текст джерелаАнотація:
Commentators argue that modern copyright law has been stretched to the limit. Some argue that digital media has either caused it to be irrelevant or in need of a serious rethink. In order to address the concerns of copyright owners, the legislatures of the EU and the US have conducted programmes of reform to address the issues of protection and use of copyright works on networked computers. Copyright is treated differently by different individuals. While copyright owners argue that their rights need to be strengthened, copyright users would like to be able to exploit the advantages of the Internet by making new uses of copyright works. The purposes of this thesis is to address the problems caused by digitisation. This is achieved by conducting a historical and philosophical analysis of the core rationale of copyright which reveals the true purpose and rationale of copyright. In order for copyright to remain an effective and valid law, any reforms must be compatible with this rationale, in order to avoid distorting copyright so that it no longer achieves the purpose for which it was intended. This thesis has identified that copyright is a balance between competing rights, designed to provide the opportunity for creators to be rewarded for their work, but also to serve the public interest by allowing fair access to the work created. It has then applied this theory to the reforms of the EU and the US, in order to assess whether the original purpose of copyright is still served by the reformed law. The answer is a qualified yes. The use of technological protection and fair use doctrines serve to retain the balance between the copyright owner and the coypright user.
14
Havlíková, Barbora. "Territorial Copyright Licenses for Audio-visual Content:Steps Towards Overruling the Principle of Copyright Territoriality?" Thesis, Uppsala universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-413118.
Повний текст джерелаАнотація:
The thesis evaluates the competition law and new legislation adopted under the Digital Single Market Strategy framework and itf effect on the principle of copyright territoriality and current territorial licensing practices. The interest of consumers to access cultural content, the interest of right holders to exploit their work in exchange for renumeration and interest of distributors to secure a broader audience and high income are interests which are taken into account. The thesis discusses how the EU legislation reflects and balance these interests. The thesis also discusses the role of principle of copyright territoriality for business and financial practices in the audio-visual industry.
15
Ewert, Jan-Peter. "Das Urheberstrafrecht in der Informationsgesellschaft." Norderstedt Books on Demand GmbH, 2008. http://deposit.d-nb.de/cgi-bin/dokserv?id=3070554&prov=M&dok_var=1&dok_ext=htm.
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16
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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17
Chan, Man Yuen Grace. "Copyright protection in the People's Republic of China a discussion of issues as discerned in the case of Wu Guan Zhong v. Shanghai Do Yun Xuan and Hong Kong Yong Cheng Antique Company Limited /." Click to view the E-thesis via HKUTO, 1998. http://sunzi.lib.hku.hk/HKUTO/record/B38627905.
Повний текст джерелаАнотація:
Thesis (LL.M.)--University of Hong Kong, 1998.<br>"Dissertation presented in partial fulfillment of the requirements for the LL.M. Degree." "July 1998." Includes bibliographical references (l. 1-5). Also available in print.
18
Stamatoudi, Irini A. "Multimedia products as copyright works." Thesis, University of Leicester, 1999. http://hdl.handle.net/2381/31099.
Повний текст джерелаАнотація:
This thesis deals with the issue whether multimedia products can be made to fit in one of the existing categories of copyright works. This thesis focuses on the 2nd generation of multimedia product, which feature integration and interactivty at a highly advanced level. The exercise is undertaken specifically in relation to literary works, compilations, databases, audiovisual works and computer programs. For those countries that do not consider classification a necessary prerequisite of copyright protection the issue whether and how multimedia products can be protected under the general category of copyright works is also examined. In this exercise of qualification the various consistencies as well as inconsistencies between multimedia products on the one hand and the existing categories of copyright works, their nature and their existing regimes of protection, on the other hand, are examined both at national (UK) and at international and comparative level. The conclusion is reached that, although primitive forms of multimedia works can be protected either as databases or as audiovisual works, this is not always the case with the advanced forms of multimedia products. In relation to the latter there is a clear, absolute and immediate need for new legislation, which will take into account their particularities (especially the fact that they combine vast amounts of different expressions and data, integration (transformation) of this data and interactivity) and which will offer them a regime of protection tailored to their specific needs. This regime of protection is described as a mixture of the regime of protection for films and the sui generis regime for databases. The latter should, however, only apply to those multimedia products that are not capable of attracting copyright protection.
19
Dimita, Gaetano. "Copyright and shared networking technologies." Thesis, Queen Mary, University of London, 2010. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1303.
Повний текст джерелаАнотація:
The technological zeitgeist has transformed the social-cultural, legal and commercial aspects of society today. Networking technologies comprise one of the most influential factors in this. Although this transformation can be discounted as a mere historical phenomenon dating back to the advent of the printing press, empirical data concerning usage of these technologies shows that there has been a radical shift in the ability to control the dissemination of copyright works. Networking technologies allow, in an unprecedented manner, user-initiated activities including perfect replications, instantaneous dissemination, and abundant storage. They are immune to technological attempts to dismantle them, and impervious to legal attempts to control and harness them. They affect a global audience, which in turn, undermine at negligible costs, the legal and business parameters of copyright owners. The problem is whether it will now be possible to establish a copyright framework which balances the interests of the following groups: (a) copyright owners in their control of the dissemination of their works; (b) authors demanding remuneration for the exploitation of their works; (c) users wishing to consume works with clear immunity guidelines using networked technologies; (d) technologists striving to continuously innovate without legal and policy restrictions. Copyright law is not a mechanism for preserving the status quo or a particular business model. It is, as suggested above, a reflection of the needs and interests of authors, copyright owners, entertainment industries, users and technologists. This thesis examines whether the balance between these actors can be achieved and, if so, how it can be implemented within international, regional and national copyright laws. It finds that a balance can be struck; but that this balance should be aligned along three key concepts: user integrity; technological innovation; and authors‘ and owners‘ remuneration. The proposal is that the optimal method for achieving this triptych is the introduction and global implementation of a reasonable and unobtrusive system of remuneration.
20
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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21
Davies, Gillian. "Copyright and the public interest." Thesis, Aberystwyth University, 1997. http://hdl.handle.net/2160/e7feebe6-b07c-4e1f-b989-6633d48b0033.
Повний текст джерелаАнотація:
The law of copyright will celebrate its tricentennial in thirteen years time. First introduced in England in 1709 in response to the invention of printing, its history has been one of constant development to keep pace with significant changes in technology. In the 1990s, copyright is more topical than ever. The potential for worldwide distribution of multi-media works over the emerging Global Information Infrastructure is the latest challenge facing the copyright system. This situation has prompted ambitious programmes for copyright reform and harmonisation at national level and within the Berne Union and the European Union. It is timely therefore to reexamine the basic justifications for copyright. The first two legislative texts on copyright, the UK Statute of Anne 1709 and the Copyright Clause of the US Constitution 1787, embodied the concept that providing copyright protection for authors for a limited time would encourage and promote learning and progress and thus act for the public good. The thesis explores the underlying principles governing copyright legislation in the light of the proposition that copyright is a just and proper concept, established and developed in the public interest. In recent years, this proposition has been contested in the context of the challenges to the copyright system posed by technical developments. In this debate, the philosophical basis for copyright and its moral and economic functions have been called into question and the public interest has been invoked, not in favour of improved protection for copyright owners, but in favour of free and unfettered access by the public to copyright works. By reexamining these issues, the thesis aims to contribute to the ongoing debate on public policy in relation to copyright reform and harmonisation.
22
Beland, Christopher D. (Christopher David) 1978. "Digital technology and copyright law." Thesis, Massachusetts Institute of Technology, 2002. http://hdl.handle.net/1721.1/16818.
Повний текст джерелаАнотація:
Thesis (S.B.)--Massachusetts Institute of Technology, Program in Science, Technology, and Society, 2002.<br>Includes bibliographical references (p. 88-108).<br>This electronic version was submitted by the student author. The certified thesis is available in the Institute Archives and Special Collections.<br>Intellectual Property is an ideology of the late Twentieth Century which reserves property-like rights in information, so that creators may extract its economic value. Current American copyright law draws mainly from this concept; it has been constructed through history by negotiation between various established economic interests. Information Freedom is a competing ideology which has been successful in the software community. It emphasizes the dangers of over-propertization and the benefits of freely accessible resources, especially non-depletable information resources. Compromise must be reached in a practical (non-ideological) fashion in order to achieve the social goals of: production of creative content (encouraged by fair but not excessive compensation for creators); promotion of scientific, political, technical, artistic, cultural, and economic progress by removing obstacles to accessing content and taking advantage of innovations which change the status quo; protection of creative freedom; and ensuring quality and diversity in the content which is created. Civil disobedience as a means to achieve these goals may be counterproductive if it results in tighter technological restrictions on content availability or stricter legal mechanisms; legal reforms proposed by Lawrence Lessig and Jessica Litman are unlikely to be enacted. Internet-based technologies have strong potential to increase exposure to diversity, decrease costs, and improve the subjective experience for music consumers. Cheaper film-making equipment may have similar positive effects for motion pictures to a lesser degree. Internet bandwidth and other practical limitations suggest that immediate changes in video distribution and consumption patterns are more likely to be driven by the availability of Digital Video Recorders, or perhaps competing Video On Demand services. Different economic models which fund content creation may be appropriate for different applications, and may in some cases further social goals better than strong propertization. Alternative models include voluntary contributions (either from creators or consumers); indirect benefit by establishing reputation, selling related services, cross-promotion, or selling advertising; and public funding. The history of telecommunication, including the telegraph, radio, television, and the Internet, provides evidence that important uses for new technology may not be initially obvious, that the maturation of digital information technology and related economic models is just beginning.<br>by Christopher D. Beland.<br>S.B.
23
Mysoor, Poorna. "Implied licences in copyright law." Thesis, University of Oxford, 2017. https://ora.ox.ac.uk/objects/uuid:8d5f4169-4f04-4e1f-9600-d93b6adbcd53.
Повний текст джерелаАнотація:
Copyright licences can be implied when the doing of a restricted act is covered neither by the express licence of the copyright owner, nor by one of the statutory limitations and exceptions. The manner in which copyright licences are implied, therefore, holds the key to broadening the scope of permissible acts. In contrast to the rigidity of statutory limitations and exceptions, implied licences are more malleable in being able to respond to a diverse set of circumstances, as the need arises. Thus, implied licences can serve as a flexible and targeted mechanism to balance competing interests, including those of copyright owners and content users, especially in todayâs dynamic technological environment. However, implication as a process is contentious, and there are no established rules for implying a licence. Implication of a copyright licence is even more complicated because the conceptualisation of a copyright licence is unsatisfactory. The resulting uncertainty has prevented implied licences from being embraced more readily by the courts. The objective of this thesis is, therefore, firstly, to reconceptualise a copyright licence that is broad enough to accommodate the diverse circumstances in which copyright licences arise, and certain enough to assist in finding their constituents; secondly, to propose frameworks for implying copyright licences in a methodical and transparent manner, based on three sources: the consent of the copyright owner; an established custom; and state intervention to achieve public policy goals. The frameworks are also customised differently for implied bare and implied contractual licences. The thesis demonstrates the robustness of these frameworks by rationalising them with the existing case law. Underscoring the contemporary relevance of implied licences, in conclusion, the thesis tests and validates the frameworks in relation to three essential and ubiquitous functions on the internet â browsing, hyperlinking and indexing.
24
Benegas, Lynch Alberto. "Apuntes sobre el concepto Copyright." THĒMIS-Revista de Derecho, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/109462.
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25
Caquet, Anne-Laure. "Ludiciel, droit d'auteur et copyright." Paris 11, 1998. http://www.theses.fr/1998PA111013.
Повний текст джерелаАнотація:
Le droit d'auteur et le copyright sont au coeur de la production et de l'exploitation du ludiciel. Le ludiciel se presente, lors de la production, sous sa forme eclatee en une pluralite de composantes obeissant a des criteres de protection distincts. Ces criteres seront d'autant plus difficile a appliquer que la creation et la technique sont souvent imbriquees dans l'elaboration de ces composantes. Objet incertain, le ludiciel n'a pas de qualification determinee. Aux etats unis, la jurisprudence semble s'orienter vers une double qualification, d'oeuvre audiovisuelle et de logiciel. En revanche, en france, la question reste controversee et conflictuelle. Auteurs et producteurs/editeurs s'opposent sur le choix de la qualification a adopter ainsi que sur le mode de dissociation des droits. Cette divergence entre auteurs et producteurs/ editeurs s'attenue lors de l'exploitation afin de lutter contre la contrefacon, qui constitue un manque a gagner important pour les acteurs de ce secteur. Du fait des autoroutes de l'information, les modes d'exploitation du ludiciel se trouvent demultiplier et ne sont pas sans soulever de difficultes quant a leur maitrise. Cette maitrise passe par la determination des droits en cause et des limites de la reservation par le droit d'auteur, avant toute action contre la contrefacon. Un examen attentif du droit d'auteur "continental"" et du copyright americain permet de repondre a une grande partie des incertitudes actuelles qui placent le ludiciel dans l'insecurite juridique. Ces deux systemes a priori opposes proposent respectivement des solutions, dont chacun des deux droits peut tirer un enseignement utile, sans remettre pour autant en cause les grands principes qui les gouvernent. Quelques modifications legislatives ou eclaircissements jurisprudentiels pourraient completer les carences<br>+ droit d'auteur + and copyright are at the heart of the production and marketing of video games. Video games, at the time of production, are made up of several components each of which has its own distinct protection criteria. These criteria are ail the more difficult to enforce since creation and production techniques often overlap. Video games have no precise legal definition and have therefore an unsettled legal protection. In the united states, case law seems to be going towards a dual definition of computer program and audiovisual work. On the other hand, in france, the question is still disputed and controversial. Authors and producers/publishers disagree on the choice of definition, as well as on the methode of transfer of rights between authors and producers. This discord among authors and producers/publishers lessens in the marketing phase, so as to combat infringement, which constitutes substantial lost revenue for those involved in this sector. Information super-highways have multiplied the ways of using video games, but not without raising difficulties regarding control. This control can be achieved by determining which rights apply-and the limits of protection under copyrright law- before action is taken against infringement. A close examination of continental + droit d'auteur ; and american copyright makes it possible to resolve many of the uncertainties that make video games legally insecure. These two systems, which seemed to be very different, propose solutions from which both legal systems can draw useful lessons, without undermining the principles on which they are based. A few legislative changes or elaborated judicial decisions could correct these shortcomings
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Suzor, Nicolas. "Transformative use of copyright material." Thesis, Queensland University of Technology, 2006. https://eprints.qut.edu.au/16226/1/Nicolas_Suzor_Thesis.pdf.
Повний текст джерелаАнотація:
This thesis concerns the ability of individuals to engage in transformative use of copyright expression without the permission of the copyright owner. Transformative use refers to the use of existing expression as an input into the creative process, resulting in the creation of new expression that, while still embodying elements of the original work, is original in its own right. This type of creativity is beneficial for society and should be encouraged. Individuals should have the ability to express themselves, and participate in the interpretation of their culture. My enquiry has shown that Australian law does not facilitate transformative use. Many forms of transformative expression are not currently permissible without the express permission of the copyright owner. Copyright theory, however, is not in accordance with such a prohibition on transformative use. I will suggest some legislative and judicial reforms to Australian copyright law that can have the effect of encouraging transformative expression, while at the same time providing an economic incentive to invest in creative expression and protecting the legitimate interests of creators in their works. The primary modification I suggest is that the definition of 'substantial part' in the Coypright Act 1968 (Cth) should be read, in accordance with the interests served by copyright, to allow a consideration of the context in which copyright material is taken. The seeds of such an approach are present in modern judicial interpretations; the discussion that follows attempts to show how such an approach accords with copyright theory, and why it should be preferred by the judiciary. Firstly, with respect to the economic rights, transformative uses of copyright material which are not substitutable for the original expression should not be found to reproduce a substantial part of the original. Secondly, questions of substantiality in the moral rights should be interpreted to protect authors from unreasonable commodification of their works. To the extent to which it is unclear how the right of integrity applies to the context in which a work is used, as opposed to the modification of the work itself, I submit that it should be interpreted such that authors have a right to object to the commercial association of their work with a position, product, or service against their will. Alternatively, I submit that legislative reform to include an open ended defence to copyright infringement could provide much needed flexibility in the Australian system. Such a defence could draw primarily on the US 'fair use' defence, but certain limitations of the US defence could be overcome in an Australian context. Again, as the theory shows, the primary consideration for infringement of the economic rights in transformative uses should be the degree to which the transformative use is substitutable for the original. Finally, I submit that the reasonableness defence to infringement of the moral right of integrity should be read in such a way as to ensure that the personal interests of authors does not interfere with the legitimate self-expression of future authors. I will show that the theory does not support moral rights to the exclusion of either the ability of future authors to self-actualise. The operation of the reasonableness defence should be clarified to ensure that the legitimate interests of both past and future creators are recognised.
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Suzor, Nicolas. "Transformative use of copyright material." Queensland University of Technology, 2006. http://eprints.qut.edu.au/16226/.
Повний текст джерелаАнотація:
This thesis concerns the ability of individuals to engage in transformative use of copyright expression without the permission of the copyright owner. Transformative use refers to the use of existing expression as an input into the creative process, resulting in the creation of new expression that, while still embodying elements of the original work, is original in its own right. This type of creativity is beneficial for society and should be encouraged. Individuals should have the ability to express themselves, and participate in the interpretation of their culture. My enquiry has shown that Australian law does not facilitate transformative use. Many forms of transformative expression are not currently permissible without the express permission of the copyright owner. Copyright theory, however, is not in accordance with such a prohibition on transformative use. I will suggest some legislative and judicial reforms to Australian copyright law that can have the effect of encouraging transformative expression, while at the same time providing an economic incentive to invest in creative expression and protecting the legitimate interests of creators in their works. The primary modification I suggest is that the definition of 'substantial part' in the Coypright Act 1968 (Cth) should be read, in accordance with the interests served by copyright, to allow a consideration of the context in which copyright material is taken. The seeds of such an approach are present in modern judicial interpretations; the discussion that follows attempts to show how such an approach accords with copyright theory, and why it should be preferred by the judiciary. Firstly, with respect to the economic rights, transformative uses of copyright material which are not substitutable for the original expression should not be found to reproduce a substantial part of the original. Secondly, questions of substantiality in the moral rights should be interpreted to protect authors from unreasonable commodification of their works. To the extent to which it is unclear how the right of integrity applies to the context in which a work is used, as opposed to the modification of the work itself, I submit that it should be interpreted such that authors have a right to object to the commercial association of their work with a position, product, or service against their will. Alternatively, I submit that legislative reform to include an open ended defence to copyright infringement could provide much needed flexibility in the Australian system. Such a defence could draw primarily on the US 'fair use' defence, but certain limitations of the US defence could be overcome in an Australian context. Again, as the theory shows, the primary consideration for infringement of the economic rights in transformative uses should be the degree to which the transformative use is substitutable for the original. Finally, I submit that the reasonableness defence to infringement of the moral right of integrity should be read in such a way as to ensure that the personal interests of authors does not interfere with the legitimate self-expression of future authors. I will show that the theory does not support moral rights to the exclusion of either the ability of future authors to self-actualise. The operation of the reasonableness defence should be clarified to ensure that the legitimate interests of both past and future creators are recognised.
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Scharf, Nicholas Friedrich. "Digital copyright law : exploring the changing interface between copyright and regulation in the digital environment." Thesis, University of East Anglia, 2013. https://ueaeprints.uea.ac.uk/43164/.
Повний текст джерелаАнотація:
This thesis seeks to address and clarify the changing interface between copyright law and other forms of regulation in the digital environment, in the context of recorded music. This is in order to explain the problems that rightsholders have had in tackling the issue of unauthorised copyright infringement facilitated by digital technologies. Copyright law is inextricably bound-up with technological developments, but the ‘convergence’ of content into a single digital form was perceived as problematic by rightsholders and was deemed to warrant increased regulation through law. However, the problem is that the reliance on copyright law in the digital environment ignores the other regulatory influences in operation. The use of copyright law in a ‘preventative’ sense also ignores the fact that other regulatory factors may positively encourage users to behave, and consume in ways that may not be directly governed by copyright. The issues digital technologies have posed for rightsholders in the music industry are not addressed, or even potentially addressable directly through law, because the regulatory picture is complex. The work of Lawrence Lessig, in relation to his regulatory ‘modalities’ can be applied in this context in order to identify and understand the other forms of regulation that exist in the digital environment, and which govern user behaviour and consumption. By combining his work with that of other scholars in the field, a bespoke ‘Lessigan’ framework is formulated to address and analyse those other regulatory factors in conjunction with actions undertaken by rightsholders to secure their copyrights in the digital age. The thesis will analyse the effect such reliance on copyright law may have on these regulatory influences, and the creative potential of the digital environment.
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Davis, LiAnna L. "A rhetorical analysis of competing copyright conceptualizations, the Digital Millennium Copyright Act and Creative Commons." CONNECT TO ELECTRONIC THESIS, 2008. http://dspace.wrlc.org/handle/1961/5478.
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Almuaini, Abdelrahman H. "The enforcement of copyright law in the United Arab Emirates." Thesis, Available from the University of Aberdeen Library and Historic Collections Digital Resources, 2009. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?application=DIGITOOL-3&owner=resourcediscovery&custom_att_2=simple_viewer&pid=33527.
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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.
Повний текст джерелаАнотація:
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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Gilchrist, John Steel. "The government as proprietor, preserver and user of copyright material under the Copyright Act 1968 (CTH)." Thesis, Queensland University of Technology, 2012. https://eprints.qut.edu.au/62189/1/John_Gilchrist_Thesis.pdf.
Повний текст джерелаАнотація:
This thesis examines the role of government as proprietor, preserver and user of copyright material under the Copyright Act 1968 (Cth) and the policy considerations which Australian law should take into account in that role. There are two recurring themes arising in this examination which are significant to the recommendations and conclusions. The first is whether the needs and status of government should be different from private sector institutions, which also obtain copyright protection under the law. This theme stems from the 2005 Report on Crown Copyright by the Copyright Law Review Committee and the earlier Ergas Committee Report which are discussed in Chapters 2 and 8 of this thesis. The second is to identify the relationship between government copyright law and policy, national cultural policy and fundamental governance values. This theme goes to the essence of the thesis.
For example, does the law and practice of government copyright properly reflect technological change in the way we now access and use information and does it facilitate the modern information management principles of government? Is the law and practice of government copyright consistent with the greater openness and accountability of government? The thesis concludes that government copyright law and practice in each of the three governmental roles recognised under the Copyright Act 1968 has not responded adequately to the information age and to the desire and the ability of individuals to access information quickly and effectively.
The solution offered in this thesis is reform of the law and of public policy that is in step with access to information policy, the promotion of better communication and interaction with the community, and the enhanced preservation of government and private copyright materials for reasons of government accountability, effective administration and national culture and heritage.
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Ahmad, Zaidi Adruce Shahren Mueller Milton Mueller. "Academic authors' perception on copyright protection /." Related Electronic Resource: Current Research at SU : database of SU dissertations, recent titles available full text, 2004. http://wwwlib.umi.com/cr/syr/main.
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Ahmad, Zaidi Adruce Shahren Mueller Milton. "Academic authors' perception on copyright protection." Related electronic resource: Current Research at SU : database of SU dissertations, recent titles available full text, 2004. http://wwwlib.umi.com/cr/syr/main.
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Wikström, Patrik. "Reluctantly Virtual : Modelling Copyright Industry Dynamics." Doctoral thesis, Karlstad University, Faculty of Economic Sciences, Communication and IT, 2006. http://urn.kb.se/resolve?urn=urn:nbn:se:kau:diva-478.
Повний текст джерелаАнотація:
<p>During the evolution of the music industry, developments in the media environment have required music firms to adapt in order to survive. Changes in broadcast radio programming during the 1950s; the Compact Cassette during the 1970s; and the deregulation of media ownership during the 1990s are all examples of changes which have heavily affected the music industry. This study explores similar contemporary dynamics, examines how decision makers in the music industry perceive and make sense of the developments, and reveals how they revise their business strategies, based on their mental models of the media environment.</p><p>A qualitative system dynamics model is developed in order to support the reasoning brought forward by the study. The model is empirically grounded, but is also based on previous music industry research and a theoretical platform constituted by concepts from evolutionary economics and sociology of culture. The empirical data primarily consist of 36 personal interviews with decision makers in the American, British and Swedish music industrial ecosystems. The study argues that the model which is proposed, more effectively explains contemporary music industry dynamics than music industry models presented by previous research initiatives.</p><p>Supported by the model, the study is able to show how “new” media outlets make old music business models obsolete and challenge the industry’s traditional power structures. It is no longer possible to expose music at one outlet (usually broadcast radio) in the hope that it will lead to sales of the same music at another (e.g. a compact disc).</p><p>The study shows that many music industry decision makers still have not embraced the new logic, and have not yet challenged their traditional mental models of the media environment. Rather, they remain focused on preserving the pivotal role held by the CD and other physical distribution technologies.</p><p>Further, the study shows that while many music firms remain attached to the old models, other firms, primarily music publishers, have accepted the transformation, and have reluctantly recognised the realities of a virtualised environment.</p>
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Aplin, Tanya Frances. "Multimedia technology and copyright law protection." Thesis, University of Oxford, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.395284.
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Towheed, Syed Shafquat. "Copyright and literary authority, 1880-1914." Thesis, University of Cambridge, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.621852.
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Duffy, J. S. "The management of change & copyright." Thesis, University of Nottingham, 1985. http://eprints.nottingham.ac.uk/12573/.
Повний текст джерелаАнотація:
The main focus of this thesis is the three copyright collecting societies operating in the music field - PRS, which looks after the public performance and broadcasting rights in music, MCPS which is responsible for the mechanical (recording) right in music and PPL which looks after the public performance and broadcasting rights in sound recordings. Between them, these three societies had gross revenue (before costs) of over £83 million in 1983, of which PRS was responsible for 72%, MCPS for 17% and PPL for 11%. The thesis attempts to investigate their operations and performance. In many ways they are similar but there are also important differences especially between PRS and PPL on the one hand and MCPS on the other. They all depend for their operations on the concept of collective licensing – that copyright owners can more effectively exploit their copyrights by banding together in societies such as PRS, MCPS and PPL. In many cases, collective licensing represents the only possibility for the copyright owner to receive income from his copyright. All three societies also use blanket licences in their operations to various extents this means that licensees can use the entire repertoire of the society on payment of royalties and provided they supply the society with returns of their music use (on which the society bases distributions to members). Since PRS and PPL are effective monopolies, representing virtually all copyright owners in their respective fields, such licensing can be effective. MCPS is an effective monopoly only in the broadcasting field and it is only in this field that it employs blanket licensing. The other fundamental differences between MCPS and the other two societies are its agency relationship with its members and its charging of a commission to cover costs. All of this is looked at in detail.
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Fraser, Henry. "Copyright and culture : a qualitative theory." Thesis, University of Oxford, 2018. https://ora.ox.ac.uk/objects/uuid:cd4e645a-7e45-4309-bc68-e115e1fa306d.
Повний текст джерелаАнотація:
Copyright is conventionally justified as an incentive to produce and disseminate works of authorship. We can justify and theorise copyright more richly, not least because empirical evidence does not support the incentive narrative. Rather than focussing on quantitative matters such as the number of works incentivised and produced, we should consider copyright's qualitative influence on culture. A threshold objection to such an approach is the risk of cultural paternalism. This objection can be overcome. Rather than specifying paternalistic standards of merit for works, we can target the conditions under which their creation and consumption takes place. I argue, firstly, that we should adopt the following high-level principles: (i) that the conditions of creation and consumption of works should be conducive to democratic deliberation (democracy) and (ii) that they should facilitate the development of human capabilities (autonomy). Secondly, I propose that we pursue three mid-level objectives, which are helpful indicia of democracy and autonomy: - a fair and wide distribution of communicative and cultural power (inclusiveness); - diversity in the content and perspectives available to the public (diversity); and - conditions that permit authors and users of works to engage rigorously with the conventions of the media in which they operate (rigour). It is often said that copyright obstructs important qualitative objectives, like freedom of expression, and that we could better pursue these goals by weakening copyright and relying on non-proprietary alternatives. My approach produces a more optimistic, but also more complicated, view of copyright. While copyright's qualitative influence is not optimal, reductions in the strength and scope of copyright sometimes produces conditions and incentive structures that are worse for inclusiveness, diversity and rigour than stronger copyright. For example, both attention and wealth are highly concentrated in networked information economies driven by free sharing of content, and this is bad for diversity or inclusiveness. Online business models, based on surveillance of users' consumption of free works, are corrosive of autonomy and democracy. Merely removing copyright-based restrictions on the sharing of works is not a panacea for copyright's ills. A qualitative theory such as mine equips us to better understand and calibrate more richly the trade-offs involved in copyright policy decisions, and encourages us to treat copyright as part of a broader, qualitatively-oriented information and cultural policy.
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Ramello, Giovanni Batista. "Analisi economica del diritto d'autore-copyright." Lyon 3, 2003. http://www.theses.fr/2003LYO33009.
Повний текст джерелаАнотація:
La thèse a été rédigé dans le but de combler certaines lacunes de la théorie économique du droit d'auteur (d. D. A. ). Il essaie d'une part de construire un paradigme théorique de référence solide et, d'autre part, de conduire l'analyse dans des domaines jusqu'à présent négligés dans les contributions publiées. Le premier chapitre présente une reconstruction de ce qui pourrait être défini comme l'histoire de la pensée économique du d. D. A. Lato sensu. Le deuxième chapitre se concentre sur l'institution juridique et ses effets dans les contextes économiques et créatifs. Le troisième chapitre se penche sur la relation entre le d. D. A. Et la concurrence dans les marchés des biens informationnels. Il se concentre en particulier sur l'étude des relations qu'entretiennent les deux corps normatifs : les lois sur la protection de la concurrence et les lois sur la protection du d. D. A.<br>The Thesis has been written with the goal to fill some gaps in the economic theory of copyright (♭). On one hand, it tries to build up a robust theoretical paradigm of reference and on the other hand, it tries to develop the analysis in neglected domains. The first chapter contains the reconstruction of what could be defined lato sensu the history of the economic thought on ♭. The second chapter focus on the legal institution and its effects on the economic and creative context. The third chapter studies the relationship between ♭ and competition in information goods markets. In particular, it focus on the analysis of intersections between the two laws; i. E. Antitrust or competition law and ♭ law
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Hick, Darren Hudson. "The metaphysics and ethics of copyright." College Park, Md. : University of Maryland, 2008. http://hdl.handle.net/1903/8071.
Повний текст джерелаАнотація:
Thesis (Ph. D.) -- University of Maryland, College Park, 2008.<br>Thesis research directed by: Dept. of Philosophy. Title from t.p. of PDF. Includes bibliographical references. Published by UMI Dissertation Services, Ann Arbor, Mich. Also available in paper.
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Rife, Martine Courant. "Rhetorical invention in copyright imbued environments." Diss., Connect to online resource - MSU authorized users, 2008.
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Vaidhyanathan, Siva. "Unoriginal sins : copyright and American culture /." Digital version accessible at:, 1999. http://wwwlib.umi.com/cr/utexas/main.
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Coleman, Anita Sundaram, and Cheryl Knott Malone. "Copyright Transfer Agreements and Self-Archiving." Association for Computing Machinery (ACM), 2005. http://hdl.handle.net/10150/106282.
Повний текст джерелаАнотація:
Concerns about intellectual property rights are a significant barrier to the practice of scholarly self-archiving in institutional and other types of digital repositories. This introductory level, half-day tutorial will demystify the journal copyright transfer agreements (CTAs) that often are the source of these rights concerns of scholars. In addition, participants will be introduced to the deposit processes of self-archiving in an interdisciplinary repository and open access archive (OAA), such as DLIST, Digital Library for Information Science and Technology.
Editor's Note: This is a 1-page summary of the tutorial at the Joint Conference on Digital Libraries (JCDL '05), June 7, 2005, Denver, Colorado. It does not include the actual tutorial. Contents: Introduction, Learning Outcomes, Topics to be covered, About the Presenters, and References.
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Mandic, D. "Copyright and technology : hearing the dissonance." Thesis, University of Westminster, 2014. https://westminsterresearch.westminster.ac.uk/item/96824/copyright-and-technology-hearing-the-dissonance.
Повний текст джерелаАнотація:
This thesis concerns copyright and technology. It investigates their ever-growing dissonance, currently intensified by the processes of digitisation taking place in society at large. If there is a pressing need to reassess/modify copyright law against the backdrop of digital technology, the thesis argues that a prerequisite of this is that it divorces itself from the limitations in the existing copyright paradigm and, accordingly, recognise technology as a quality and condition for both its emergence and subsistence. In contrast to the prevailing tradition of viewing technology as an extrinsic condition affecting copyright, here its intrinsic quality is traced and emphasised. This is accomplished by means of circumventing copyright’s fundamental orienting principle of property and drawing instead on the notion of communication, which in turn enables us to recognise and reconstitute the ever-present intertwinement of copyright and technology. While communication as an approach is not foreign to the copyright discourse, it has rarely been deployed in investigating the relation between copyright and technology. The thesis advances from an understanding of communication focused on the end points and recognises the middle as a prerequisite and an essential element of communication. This shift in view does not only allow recognition of noise as an intrinsic feature of communication but also becomes a methodological tool through which the dissonance of copyright and technology can be ‘heard’ and comprehended. In doing so, the thesis draws on information theory, the work of the French philosopher Michel Serres, media and sound studies. By traversing different fields of study, in the end, the thesis immerses itself into a soundscape, and thus ‘aurality’ becomes a sensible manner for answering the guiding research question of what is the actual dissonance between copyright and technology. Ultimately, it argues that this manner of displacement provides new passages of investigation that go beyond the limitations of copyright’s normativity, and sets a conceptual basis for addressing the issues and re-articulating the relation between copyright and technology.
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Hsu, Ming-Sen, and 許銘森. "Fair Practice of Copyright－Reaching from Copyright Hunter." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/32838859441456081136.
Повний текст джерелаАнотація:
碩士<br>逢甲大學<br>財經法律研究所<br>98<br>The Intellectual Property Right is widely valued in Taiwan recently. This is because that the legal protection for copyright has been enhanced by criminal charges and some people got penalties due to their ignorance of the infringement of copyright. The reason for our government to amend the law is the concern to avoid a punishment of Special Clause 301, American economic sanctionses, canvass of the copyright collective management organization, and the admission from the international community hopefully. In the name of economy development, the criminal charges of copyright are higher than other proprietary interest under our criminal law. The influences of criminal charges by copyright law have appeared in our daily life. For example, copings, sending e-mail, sharing videos or photos on your blogs or singing a song at somewhere Karaoka etc. you are exposed to criminal charges by copyright hunters or its obligee. They always send you warning letters first, and then they will claim for penalty for you if you don’t agree their proposal of compensation. The compensation is required due to a compromise between you and copyright hunter. Otherwise, you will be accused as a suspect in criminal process. Normal civilians are shocked by the above mentioned situations. What’s going on now? People are asking. Then the people have no other choice but to recognize that they had made a mistake on copyright law. But they could not understand that why the government authority shall represent for those private interest.
The hunters are not only to take pictures to gathering evidences, but also send warning letters to someone suspected for infringing copyright. After that, they will threaten the suspects to make a settlement for compensation as soon as possible, otherwise they will bring the lawsuits promptly, including without limitation to asking criminal penalty along with civil tort claim. Most lawsuit targets a settlement amount ranging from NT$50,000 to NT$200,000. The suspects have little choices—even if an individual has a defense, it is generally more expensive to hire a lawyer to fight than to simply pay the settlement. Be careful, ignoring the lawsuit can also be more expensive than settling. Comparing the risk, they will have the only choice “settlement”. Most cases have been compromised before the lawsuit already. That further encourages copyright obligees to exercise their copyright. As above mentioned, we have seen practice of the Copyright in the name of our law and by due process, but there is still a feeling for something wrong in our mind.
However the copyright hunter campaign is still working. I will discuss this kind of copyright practice here. I will also go throuth the system and responsibility of copyright owner and pay attention to right practice specially, and then I will compare Copyright Act of Taiwan with American copyright law and Japanese copyright law. We will find out problems through the cases and understand what‘s happenning in our legal system and in copy right practice in Taiwan specially. I also want to check the Fair Trade Act and the Principles for Warning Letters published by Antitrust Committee. It is easy for us to set a guideline between fair use and misuse for copyright practice. At last, the conclusion could make suggestions which can be helpful for actual copyright system in the future.
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Hahn, Gregory K. "Anti-copyright 18th- and 20th-century arguments against copyright /." 1993. http://catalog.hathitrust.org/api/volumes/oclc/30968503.html.
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Iturralde, Gonzalez Raul. "Parallel Imports: A Copyright Problem with no Copyright Solution." Thesis, 2009. http://hdl.handle.net/1807/18765.
Повний текст джерелаАнотація:
Parallel Imports refer to the legal importation of products that have some form of Intellectual Property rights attached to them. These products enter in direct competition with the products authorized for the imported market. As a result of that, Intellectual Property holders have attempted to deter these importations through the enforcement of Intellectual Property rights (such as Trademarks and Copyrights).
In this work, it will be shown that Copyrights cannot be used to prevent Parallel Imports. Copyrights grant the right to reproduce works of authorship and in that form to obtain a benefit from their first sale. Copyrights do not grant protection beyond that first sale making them unsuitable to halt the importation of original products.
By studying the form in which other countries have managed the Parallel Importation problem, a solution will be given to this issue.
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Tseng, Chih-li, and 曾志立. "The Economic Structure of Copyright and Copyright Fair Use." Thesis, 2007. http://ndltd.ncl.edu.tw/handle/80722044242588771045.
Повний текст джерелаАнотація:
碩士<br>逢甲大學<br>財經法律研究所<br>95<br>The nature of copyright has been argued for a long time, and there are two different theories, one deems it is human right, another deems it is the result of policy-making. This thesis suggests that the emphasis of copyright law is how to maximize the social welfare. Than this thesis try to analyze copyright through economic point, for example, copyrighted work has public good character, this character may cause free-ride behavior and market failure, and hence copyrighted work supply will reduce. The government should take steps, such as law to rectify the market. In the discussion, this thesis tries to explain copyright system through the simple example.
In short, the goal of copyright law is to protect the incentives of authors and insure that the public can access copyrighted work. Unfortunately, the private interests and public interests are often conflict. Authors always complain copyright law can’t provide sufficient protection, on the other hand, the public also complain that it’s too easy to violate copyright law. The thesis tries to beat the balance between two sides and discusses fair use doctrine through market failure mode which hoping to inspire some thinking in copyright law.
This thesis comprises seven chapters as follows: Chapter 1, illustrating the motives, purpose, realm and methodology of this thesis；Chapter 2, the economic theory of property；Chapter 3, the economic and law thinking of copyright；Chapter 4 to Chapter 6, analyzing fair use doctrine through economic and law；Chapter 7, as conclusion, according to above discussion, this thesis comes up with some suggestions to improve copyright.
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Hsieh, Pei-Yuna, and 謝佩芫. "Copyright Management Organization Surveillance of the Copyright Authority Study." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/77721673813274432201.
Повний текст джерелаАнотація:
碩士<br>國立臺灣大學<br>國家發展研究所<br>97<br>Since Copyright Intermediary Organization Act has been implemented from November 5th, 1997, the practical operation of the Act has revealed the lack of norms, even if the CIO and the authority are trying to set on the wheels. Although the authority can not do everything, it should be able to act as a guardian in some aspects which stated as follows:
First, the approval of CIO establishment, the number of CIOs involved in the amount of real estate.
Second, the contents of CIO signed management agreements with members, involving authorization of diversity and flexibility.
Third, the CIO rate of royalty’s fitness and property, involving the reasonableness of charges, the flexibility of authorization or not.
Fourth, the copyright authority’s powers and responsibilities of rewarding, assistance and supervision to CIO, involved in eliminating the weaker CIO in exchange for the better ones.
In this thesis, according to the above four aspects, to conduct the review and learn from the existing law, comparative law, draft amendment, and to make recommendations.