13. Rights associated with copyright

Author(s):  
L. Bently ◽  
B. Sherman ◽  
D. Gangjee ◽  
P. Johnson

This chapter deals with regimes that are related to, but fall outside of, the remit of copyright law: performers’ rights; database right; public lending right; rights relating to technological protection measures and rights management information; the so-called droit de suite (artist’s resale royalty right); and proposals for a new press publishers right.

2019 ◽  
pp. 149-176
Author(s):  
Stavroula Karapapa ◽  
Luke McDonagh

This chapter addresses related rights. These are related to, but fall outside, the protection afforded by copyright law. They include performer's rights; the sui generis database right; rights relating to technological protection measures and rights management information; and the artist's resale right. Each one of these rights is specific in terms of rightholders or the subject matter concerned. The chapter then considers a related right for press publishers that is currently in the agenda of the EU Commission. Following a public consultation on the Role of Publishers in the Copyright Value Chain and on the ‘Panorama Exception’ (23 March 2016), the Commission published on September 14, 2016 a proposal for a Directive on Copyright in the Digital Single Market, which suggests granting press publishers the exclusive rights of reproduction and making their press publications available for digital use.


Author(s):  
Tanya Aplin ◽  
Jennifer Davis

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses the circumstances in which an owner’s economic rights may be infringed; the exceptions and limitations to copyright infringement; changes to the exceptions regime recently introduced into UK copyright law and how technological protection measures interrelate with copyright exceptions; and database right.


2019 ◽  
pp. 330-358
Author(s):  
Andrew Murray

This chapter examines database right, a sui generis form of intellectual property protection, the roots of which are to be found in copyright law. It first compares copyright and database rights before turning to cases in which the UK’s Copyright, Designs and Patents Act 1988 was applied to listings of information in the form of a simple database. The chapter then considers the European Union’s Database Directive and analyses the Fixtures Marketing, British Horseracing Board Ltd v William Hill, and Football Dataco v Yahoo! cases. Finally, it looks at databases, along with the intellectual property issues that they generate, within the framework of the information society.


2014 ◽  
Vol 42 (2/3) ◽  
pp. 75-78 ◽  
Author(s):  
Markus Brammer ◽  
Jens Olf

Purpose – The purpose of the paper is to give an overview about the framework of copyright law and licences as well as the development of German National Library of Science and Technology (TIB) full-text supply services within that framework. The change of German copyright law in 2008 posed a challenge to TIB’s full-text supply services. While TIB can deliver on the basis of a statutory limitation any document to customers within Germany via mail and fax, there are restrictions for electronic delivery. Design/methodology/approach – The article describes the framework of German copyright law and licences for document delivery as well as activities of TIB to continue servicing customers in a best possible way within the existing framework. Findings – Licence agreements with publishers or intermediaries such as Rights Reproduction Organizations are now in place to allow delivery of electronic documents on a wide scale. Within this complicated framework of licence agreements, digital rights management (DRM) systems are a challenge for customers and the delivery service. However, it can be noted, that a simple watermark suffices nearly all publishers in agreements covering pay-per-view delivery of generic digital article files, and only 25 per cent require strict DRM for document delivery scanned from the print. At the same time, TIB looks for more customer-friendly DRM systems. Also, TIB is looking for ways to cooperate with partners to raise efficiency gains and to offer a more convenient service to its customers. Finally, TIB experiences that inadequate copyright law still poses a major hindrance for the international exchange of scientific information being part of its collection. Originality/value – The article describes the development of document supply services of the major TIB publications. It also shows the barriers which inadequate copyright law poses to the exchange of scientific information.


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