Copyright exceptions for archivists and librarians in the UK

2016 ◽  
Vol 41 (1) ◽  
pp. 3-10 ◽  
Author(s):  
Victoria Stobo

Copyright legislation in the UK changed significantly in 2014, and this article provides an overview to some of the most relevant changes to the exceptions1 in copyright law that can be used by archivists and librarians. Subscribers to ALJ will have read Tim Padfield's excellent introduction to UK copyright law for art librarians in 2012, much of which is still relevant and will not be repeated here. Given the varied nature of art library and archive collections in the UK, and the complex nature of the law in this area, it is intended that the following general guidance to the 2014 legislative changes will highlight areas for further study: such basic guidance should not be used to inform internal policy or decision-making. The article also includes a list of sources for more detailed information on the law, in the references section.

2021 ◽  
Author(s):  
Carl Barber ◽  
Nicholas Dacre ◽  
Hao Dong

The Covid-19 pandemic has created new social, environmental, and economic challenges for organisational routines, and a multilevel perspective of project management processes and decision making is required to untangle the complex nature of projects and phenomena. This research hence aims to investigate reframing of traditional project failure reasoning in pressurised situations by adopting a wider organisational view of the causation of failure using models from high-risk industries which support good decision-making practices and highlighting the project, programme and organisational structures which inherently position a project manager to fail in conditions with cognitive overload, limitations, and constraints. Through an institutional perspective, both individuals (the project managers) and organisations are considered under the influence of normative and cognitive pressures, and both are sources of change.


2015 ◽  
Vol 39 (121) ◽  
pp. 4-11 ◽  
Author(s):  
Ruth MacMullen

The changes to the Copyright and Rights in Performances (Disability) Regulations 2014 have been the most significant changes to copyright disability exceptions for twelve years. The legislative changes bring long-awaited updates to this area of copyright law, but practical encumbrances such as reporting, TPM restrictions, and cross-border exchange of files threaten to undermine the positives. This article examines the changes and their practical applications, comparing what the law allowed previously to what it now permits, and how this intersects with licensing schemes such as the CLA Licence. It looks at the responsibilities of rightsholders and of ‘authorised bodies’ who can adapt works for users with disabilities. Finally, this article will summarise current international legislative issues such as the ratification of the Marrakesh Treaty.


Author(s):  
Gina Clayton ◽  
Georgina Firth ◽  
Caroline Sawyer ◽  
Rowena Moffatt ◽  
Helena Wray

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter describes the asylum process from application through to cessation of refugee status. The first two sections deal with entering the UK to claim asylum, and with the asylum application and decision-making; the third with the different routes through which an asylum claim can be processed, including ‘safe’ country of origin provisions and non-suspensive appeals, and returns to third countries pursuant to the Dublin Regulation. The fourth section concerns penalties connected with seeking asylum. The final sections cover remedies for victims of trafficking, and other procedures after appeal rights are exhausted, or asylum has been granted.


2017 ◽  
Vol 13 (2) ◽  
pp. 172-183 ◽  
Author(s):  
Hazel Biggs

AbstractHealth-care law presents numerous challenges to the conception of the law as a dispassionate arbiter of disputes or protector of rights. Issues relating to end-of-life care, the assessment of mental capacity and decision-making for those who lack capacity, amongst others, epitomise the complex nature of health-care law. They also raise globally applicable questions about discrimination, or equal protection, as well as concerns for relief of suffering, the assessment of best interests and the exercise of individual autonomy. This paper will evaluate the extent to which law's traditional objectivity (dispassion) is undermined by the introduction of concerns about compassion into judicial and executive decisions. Focusing primarily on the law in England and Wales, but with reference to multi-jurisdictional case-law and international instruments, it will consider whether the law provides compassionate approaches and outcomes in end-of-life decision-making, and the implications of compassion for legal certainty.


2009 ◽  
Vol 16 (2) ◽  
pp. 125-164 ◽  
Author(s):  
Joaquin Zuckerberg Lewis

AbstractThis article is a comparative study of the law dealing with substitute decision making for incapable patients in end-of-life situations across Canadian provinces. In recent years, this issue has received growing consideration from judicial authorities in Canada and abroad. The article discusses the most significant decisions in Canada, with reference as well to leading cases in the UK, Germany and the US. Future policy and legislative options are discussed as well.


2019 ◽  
Author(s):  
Tayana Soukup ◽  
Ged Murtagh ◽  
Ben W Lamb ◽  
James Green ◽  
Nick Sevdalis

Background Multidisciplinary teams (MDTs) are a standard cancer care policy in many countries worldwide. Despite an increase in research in a recent decade on MDTs and their care planning meetings, the implementation of MDT-driven decision-making (fidelity) remains unstudied. We report a feasibility evaluation of a novel method for assessing cancer MDT decision-making fidelity. We used an observational protocol to assess (1) the degree to which MDTs adhere to the stages of group decision-making as per the ‘Orientation-Discussion-Decision-Implementation’ framework, and (2) the degree of multidisciplinarity underpinning individual case reviews in the meetings. MethodsThis is a prospective observational study. Breast, colorectal and gynaecological cancer MDTs in the Greater London and Derbyshire (United Kingdom) areas were video recorded over 12-weekly meetings encompassing 822 case reviews. Data were coded and analysed using frequency counts.Results Eight interaction formats during case reviews were identified. case reviews were not always multi-disciplinary: only 8% of overall reviews involved all five clinical disciplines present, and 38% included four of five. The majority of case reviews (i.e. 54%) took place between two (25%) or three (29%) disciplines only. Surgeons (83%) and oncologists (8%) most consistently engaged in all stages of decision-making. While all patients put forward for MDT review were actually reviewed, a small percentage of them (4%) either bypassed the orientation (case presentation) and went straight into discussing the patient, or they did not articulate the final decision to the entire team (8%). Conclusions Assessing fidelity of MDT decision-making at the point of their weekly meetings is feasible. We found that despite being a set policy, case reviews are not entirely MDT-driven. We discuss implications in relation to the current eco-political climate, and the quality and safety of care. Our findings are in line with the current national initiatives in the UK on streamlining MDT meetings, and could help decide how to re-organise them to be most efficient.


2006 ◽  
Vol 1 (2) ◽  
Author(s):  
B.H. MacGillivray ◽  
P.D. Hamilton ◽  
S.E. Hrudey ◽  
L. Reekie ◽  
S.J.T Pollard

Risk analysis in the water utility sector is fast becoming explicit. Here, we describe application of a capability model to benchmark the risk analysis maturity of a sub-sample of eight water utilities from the USA, the UK and Australia. Our analysis codifies risk analysis practice and offers practical guidance as to how utilities may more effectively employ their portfolio of risk analysis techniques for optimal, credible, and defensible decision making.


Author(s):  
András Sajó ◽  
Renáta Uitz

This chapter examines the relationship between parliamentarism and the legislative branch. It explores the evolution of the legislative branch, leading to disillusionment with the rationalized law-making factory, a venture run by political parties beyond the reach of constitutional rules. The rise of democratically bred party rule is positioned between the forces favouring free debate versus effective decision-making in the legislature. The chapter analyses the institutional make-up and internal operations of the legislature, the role of the opposition in the legislative assembly, and explores the benefits of bicameralism for boosting the powers of the legislative branch. Finally, it looks at the law-making process and its outsourcing via delegating legislative powers to the executive.


This book provides the first comprehensive analysis of the withdrawal agreement concluded between the United Kingdom and the European Union to create the legal framework for Brexit. Building on a prior volume, it overviews the process of Brexit negotiations that took place between the UK and the EU from 2017 to 2019. It also examines the key provisions of the Brexit deal, including the protection of citizens’ rights, the Irish border, and the financial settlement. Moreover, the book assesses the governance provisions on transition, decision-making and adjudication, and the prospects for future EU–UK trade relations. Finally, it reflects on the longer-term challenges that the implementation of the 2016 Brexit referendum poses for the UK territorial system, for British–Irish relations, as well as for the future of the EU beyond Brexit.


2021 ◽  
pp. 138826272110049
Author(s):  
Victoria E. Hooton

The role of proportionality and individual assessments in EU residency and welfare access cases has changed significantly over the course of the last decade. This article demonstrates how a search for certainty and efficiency in this area of EU law has created greater uncertainty, more legal hurdles for citizens, and less consistency in decision-making at the national level. UK case law illustrates the difficulty faced by national authorities when interpreting and applying the rules relating to welfare access and proportionality. Ultimately, the law lacks the consistency and transparency that recent CJEU case law seeks to obtain, raising the question of whether the shift from the Court's previous, more flexible, case-by-case approach was desirable after all.


Sign in / Sign up

Export Citation Format

Share Document