4. Infringement of copyright

2019 ◽  
pp. 73-104
Author(s):  
Stavroula Karapapa ◽  
Luke McDonagh
Keyword(s):  
Strict Liability ◽  
Copyright Infringement ◽  
Objective Test ◽  
Reasonable Person ◽  
The Public ◽  
Mental Element ◽  
What Matters

This chapter focuses on the two types of copyright infringement within the CDPA 1988: primary infringement and secondary infringement. In primary infringement, the defendants are directly involved in copying, performing, and issuing to the public the copyright work, whereas secondary infringement involves people who deal with infringing copies, or facilitate such copying or other activities that are restricted by copyright. Besides this difference that has to do with the scope of rights, there is also difference on the mental element. Unlike primary infringement that does not require knowledge or intention to infringe on the part of the alleged infringer and is hence subject to strict liability, secondary infringement occurs where the defendant knew or had reason to believe that activities in question are wrongful. This is assessed on the basis of an objective test, namely what matters is what a reasonable person would have thought in the relevant circumstances.

Torts and Other Wrongs

2019 ◽  
Author(s):  
John Gardner
Keyword(s):  
Public Policy ◽  
Distributive Justice ◽  
Strict Liability ◽  
Private Law ◽  
Moral Significance ◽  
Reasonable Person ◽  
Reasonable Person Standard ◽  
The Law

Torts and Other Wrongs is a collection of eleven of the author’s essays on the theory of the law of torts and its place in the law more generally. Two new essays accompany nine previously published pieces, a number of which are already established classics of theoretical writing on private law. Together they range across the distinction between torts and other wrongs, the moral significance of outcomes, the nature and role of corrective and distributive justice, the justification of strict liability, the nature of the reasonable person standard, and the role of public policy in private law adjudication. Though focused on the law of torts, the wide-ranging analysis in each chapter will speak to theorists of private law more generally.

WARNER MUSIC UK LTD v TUNEIN INC (No. 2)

2019 ◽  
Vol 136 (12) ◽  
pp. 834-846
Author(s):  
Keyword(s):  
Copyright Infringement ◽  
Communication To The Public ◽  
Sound Recordings ◽  
The Public ◽  
Internet Radio ◽  
Commercial Importance ◽  
General Terms ◽  
Injunctive Relief ◽  
Services Use

Abstract H1 Copyright – Infringement – Sound recordings – Internet radio services – Use of hyperlinks – Communication to the public – Scope and effect of finding on liability – Relief – Whether injunctive relief in general terms appropriate – Whether injunctive relief and any damages inquiry should be limited to specific instances of liability established at trial – Proportionality – Stay of injunction pending appeal – Costs – Relevance of commercial importance of particular issues

COMMUNICATION TO THE PUBLIC AND ACCESSORY COPYRIGHT INFRINGEMENT

2017 ◽  
Vol 76 (3) ◽  
pp. 496-499
Author(s):  
Christina Angelopoulos
Keyword(s):  
European Union ◽  
Copyright Infringement ◽  
Communication To The Public ◽  
The European Union ◽  
The Public ◽  
Explicit Definition ◽  
National Courts ◽  
Court Of Justice ◽  
Gradual Accumulation ◽  
The Eu

In recent judgments, the Court of Justice of the European Union (CJEU) has been developing its interpretation of the notion of “communication to the public”. This forms one of the exclusive rights of copyright holders that have been harmonised by the InfoSoc Directive (Directive 2001/29/EC (OJ 2001 L 167 p.1)). As was established in 2006 (Case C-306/05, Sociedad General de Autores y Editores de España (SGAE) v Rafael Hoteles, ECLI:EU:C:2006:764, at [31]), despite the lack of an explicit definition in that directive, the notion of a “communication to the public” must be given “an autonomous and uniform interpretation” throughout the EU. This finding initially resulted in the creation of a considerable amount of uncertainty for national courts. The gradual accumulation of information through subsequent CJEU judgments has begun to bring some clarity, while also raising new questions.

scholarly journals Application of Strict Liability Principles Against Illegal Karst Rock Mining Leading to Environmental Damage

2021 ◽  
Vol 316 ◽  
pp. 04008
Author(s):  
Yeni Widowaty ◽  
Gatot Supangkat Samidjo ◽  
Dakha Hadi Nugraha
Keyword(s):  
Strict Liability ◽  
Secondary Data ◽  
Mining Area ◽  
Environmental Damage ◽  
The Public ◽  
Criminal Sanctions ◽  
Illegal Mining ◽  
The Future ◽  
Rock Mining ◽  
The Village

Illegal mining of karst rocks in Gunungkidul Regency is increasingly rampant, resulting in environmental damage and casualties. The proposed problem is how can the principle of strict liability be applied to illegal karst mining actors? What is the concept that should be done in the future to abolish illegal karst rock mining to prevent further environmental damage? The research was a socio-legal study with primary and secondary data. The research was conducted in Gunungkidul, Indonesia by taking samples in the village of Ponjong. The results of the study showed that the perpetrators of illegal karst rock mining so far have never been imposed to the principle of strict liability. Ironically, there have been no objections from the public so far against mining companies. The community around the mining area is employed by the company, while the needs of the community are met. Hence, no protest occurred even though the mining caused environmental damage. The concept that should be carried out in the future to prevent further illegal mining is the improvement of law enforcement. Although action has been taken against illegal miners with revocation of permits, a reformulation of regulations by imposing criminal sanctions on perpetrators is necessary to become a deterrent.

2. Objectivity in contract law

2021 ◽  
pp. 12-20
Author(s):  
Paul S. Davies
Keyword(s):  
Contract Law ◽  
Objective Test ◽  
Reasonable Person ◽  
Objective Meaning ◽  
The Way

This chapter provides an overview of the concept of objectivity. In contract law, the intentions of parties are generally judged by their words and conduct and their ‘objective’ meaning. This is known as the ‘objective test’. The contents of a contract are determined objectively. The best evidence that a term has been incorporated into a contract and that a contract is binding is through the parties’ signatures, although entirely oral contracts are equally possible. Contractual communications, whether oral or written, are generally to be understood in the way that a reasonable person in the position of the recipient would have understood them.

The WikiLeaks Arctic cables

Polar Record ◽  
2011 ◽  
Vol 48 (2) ◽  
pp. 199-201 ◽  
Author(s):  
Klaus J. Dodds
Keyword(s):  
Arctic Ocean ◽  
Potential Role ◽  
Public Domain ◽  
Knowledge Networks ◽  
The Arctic ◽  
The Public ◽  
New Knowledge ◽  
The Arctic Ocean ◽  
The Way ◽  
What Matters

ABSTRACTThis note considers some of the WikiLeaks Arctic cables, and their possible implications for how we might understand the framing of the region. What matters is not so much the content of the leaked cables but rather the way in which their release stirred up debate about the underlying behaviour and motivation of interested parties, especially the Arctic Ocean coastal states. Their existence in the public domain usefully highlights the potential role for new knowledge networks and actors in the www era.

6. Strict liability

2017 ◽  
Author(s):  
David Ormerod ◽  
Karl Laird
Keyword(s):  
Human Rights ◽  
Strict Liability ◽  
European Convention ◽  
Mens Rea ◽  
Actus Reus ◽  
Mental Element

This chapter focuses on identifying the circumstances in which an offence will be construed as one of strict liability—that is, where the Crown will not have to establish mens rea in relation to every element of the actus reus. The following controversies are examined: the presumption of mens rea, that is, unless Parliament has indicated otherwise, the appropriate mental element is an unexpressed ingredient of every statutory offence; how to ascertain whether an offence is in fact one of strict liability; whether strict liability infringes Article 6 of the European Convention on Human Rights (ECHR); and the merits of strict liability offences.

Can Touching Always Be Sexual When There is No Sexual Intent?

2008 ◽  
Vol 72 (3) ◽  
pp. 251-258
Author(s):  
Ilias Bantekas
Keyword(s):  
Sexual Assault ◽  
Strict Liability ◽  
Objective Test ◽  
Sexual Character ◽  
Sexual Offences ◽  
Sexual Intent ◽  
Sexual Offences Act 2003

The objective test introduced by the Sexual Offences Act 2003 as to the sexual nature of the touching that constitutes sexual assault can lead to injustices, particularly where the defendant exposed the victim to nudity without intending—or being reckless-that his or her act assume a sexual character. To hold otherwise is tantamount to imposing strict liability, which was not intended by Parliament. The courts must assess each case on its merits and differentiate all those cases involving an element of moral involuntariness from those that do not. Equally, the courts should, where appropriate, permit the defence of necessity where the defendant did not intend, but was not negligent, as to the sexual nature of his act.

WARNER MUSIC UK LTD v TUNEIN INC

2019 ◽  
Vol 136 (12) ◽  
pp. 777-833
Author(s):  
Keyword(s):  
Freedom Of Expression ◽  
Copyright Infringement ◽  
Freedom Of Information ◽  
Communication To The Public ◽  
Sound Recordings ◽  
The Public ◽  
Internet Radio ◽  
New Public ◽  
The Uk ◽  
Safe Harbours

Abstract H1 Copyright – Infringement – Sound recordings – Internet radio services – Hyperlinks – Targeting – Communication to the public – Whether communication to the public in the UK – Consent – Whether the UK public was a new public – Freedom of information – Freedom of expression – Availability of a recording facility – Liability of users – Time shifting – Liability of station providers – Authorisation – Safe harbours

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