The changing economics of information, technological development, and copyright protection: what are the consequences for the public domain?

2002 ◽  
Vol 28 (5) ◽  
pp. 325-331 ◽  
Author(s):  
Joan F Cheverie
2020 ◽  
Vol 38 (1) ◽  
pp. 101-126
Author(s):  
Kriss Ravetto-Biagioli

Until recently, dance was not considered to warrant copyright protection because it existed only as a live performance that was not fixed in a ‘tangible medium of expression’. Not being an object, it could not be property. But the more we try to fold dance into existing modes of copyright and conventional notions of property, the more it resists, upsetting the core assumptions of Locke's social contract theory. Legal scholars argue that the expansion of copyright protection shrinks the public domain. While copyright has become more important for dancers and choreographers who wish to control the appropriation of their work that is now made available to millions of end-users online, it also potentially restricts them from engaging in a dialog with other dancers or building on inspiring dance moves across communities. This paper investigates notions of property that rely on both the commons and individual personhood in the context of dance.


2020 ◽  
Vol 2 (1-2) ◽  
pp. 199-207 ◽  
Author(s):  
Ignasi Labastida ◽  
Thomas Margoni

The last letter of the FAIR acronym stands for Reusability. Data and metadata should be made available with a clear and accessible usage license. But, what are the choices? How can researchers share data and allow reusability? Are all the licenses available for sharing content suitable for data? Data can be covered by different layers of copyright protection making the relationship between data and copyright particularly complex. Some research data can be considered as a work and therefore covered by full copyright while other data can be in the public domain due to their lack of originality. Moreover, a collection of data can be protected by special rights in Europe to acknowledge the investment in time and money in obtaining, presenting, arranging or verifying the data. The need of using a license when sharing data comes from the fact that, under current copyright laws, when rights exist, the absence of any legal notice must be understood as the default “all rights reserved” regime. Unless an exception applies, the authorisation of right holders is necessary for reuse. Right holders could use any text to state the reusability of data but it is advisable to use some of the existing licenses, and especially the ones that are suitable for data and databases. We hope that with this paper we can bring some clarity in relation to the rights involved when sharing research data.


2011 ◽  
Vol 7 (2) ◽  
Author(s):  
Sérgio Vieira Branco Júnior

Resumo O estudo do domínio público no direito autoral não se resume a apontar os prazos de proteção conferido às obras intelectuais. De tratamento escasso pela doutrina, o tema é bem mais complexo do que aparenta em um primeiro momento, abrangendo diversas áreas do direito e tendo implicações diretas na vida da sociedade. Uma análise relevante é determinar quais os efeitos sociais, econômicos e jurídicos decorrentes do ingresso de uma obra no domínio público, sendo tais efeitos determinantes para se construir a justificativa de existência do próprio domínio público. Palavras-chave Abstract The study of public domain in copyright law is not limited to pointing out the terms of copyright protection. Being scarcely studied by the doctrine, the issue is more complex than it appears at first, covering different areas of law and having direct implications in society. A relevant analysis is to determine the social, economic and legal effects under the entry of a work into the public domain, such effects being crucial to build the justification of existence of the public domain. Keywords


2021 ◽  
Vol 15 ◽  
pp. 89-100
Author(s):  
Katarzyna Brzózka

Choreographic work was the object of copyright protection under the Berne Convention, as revised at Berlin in 1908, as well as under the historical Polish copyright legislations — the 1926 Act (as an original, “not based on any existing work of art” work of “rhythmic art (choreography)”) and the 1952 Act (as a “work of choreographic art” preserved in “scenarios, drawings or photographs”). It was also included, as a “choreographic work”, in the exemplary catalogue of works protected under the Act of 4 February 1994 on Copyright and Related Rights (“the Copyright Act”), currently in force. The purpose of this paper, due to limited framework, is to analyse some basic concepts related to the conditions that a movement composition shall meet in order to qualify as a choreographic work in the meaning of the Copyright Act. It is shown based on the polonaise from the film Pan Tadeusz, directed by Andrzej Wajda. This choice allows to introduce threads related to folklore as well as the use of unprotected pieces of the public domain in choreographies into the discussion. Moreover, the article briefly presents the correlation between choreographic work and other intellectual works — literary, musical, and audiovisual.


2017 ◽  
Vol 33 (1-2) ◽  
pp. 203-231
Author(s):  
Antonio Terrone
Keyword(s):  

The study of Buddhist texts can inform us of the way scriptures were composed, as well as illuminate the reasons behind their production. This study examines the phenomenon of borrowing and reusing portions of texts without attributing them to their ‘legitimate authors’ within the Buddhist world of contemporary Tibet. It shows that not only is such a practice not at all infrequent and is often socially accepted, but that it is used in this case as a platform to advance specific claims and promote an explicit agenda. Therefore, rather than considering these as instances of plagiarism, this essay looks at the practice of copying and borrowing as an exercise in intertextuality, intended as the faithful retransmission of ancient truths, and as an indication of the public domain of texts in Tibet.


2020 ◽  
Author(s):  
Mariano García Plaza ◽  
Marisa Víctor Crespo ◽  
Jesús Ramé López

Multiscreen society bombards us with images about which we can not think, to this is added a technological development that is hast urned us as a issues – receivers of pictures / images in our daily lives. Thus arises a need to deepen the possibilities of emancipation that the current socio-historical landscape can have.“Educar la mirada” we are a group of professionals in education and audiovisual communication that pretend, through film- art and new audiovisual creation devices, to encourage literacy and audiovisual creation for life. We start from work with collectives whose artistic motive has no lucrative interest, such as the public school; hence our interest in non-productive subjects. This project arises from the work carried out by the Trabenco Educational Community ( Public School ) in relation to the environment that exists between childhood and the audiovisual media.Theories of reflection on audiovisual literacy and ways of doing creative people who have a clearer meaning for our approach are: F.P.R Bergala, work CineSinAutor, proposals for Medvedkin, language patterns Alxander and creative crystallizations by authors such as Trier, Rossellini, Rodari, Vigotsky or Svankmajer.This project aims at a careful attention to the audiovisual with the intention of giving it a use beyond stagnant paradigms, where the possibilities we seek are those that make effective the needs and purposes that are given by the collectives themselves.


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