16. Defences to copyright infringement

2019 ◽  
pp. 265-289
Author(s):  
Paul Torremans
Keyword(s):  
Public Administration ◽  
Public Interest ◽  
Information Society ◽  
Copyright Infringement ◽  
Fair Dealing

This chapter discusses defences to copyright infringement. It covers authorization or consent of the owner; public interest; the Copyright and Rights in Performances (Disability) Regulations 2014; the making of temporary copies; fair dealing; incidental inclusion; educational use; exception for libraries, archives, and public administration; the Information Society Directive; and orphan works.

scholarly journals Proposals for copyright law and education during the COVID-19 pandemic

2021 ◽  
Vol 71 (4) ◽  
pp. 571-594
Author(s):  
Emily Hudson ◽  
Paul Wragg
Keyword(s):  
Open Access ◽  
Public Interest ◽  
Copyright Infringement ◽  
Copyright Law ◽  
Open Access Publishing ◽  
Educational Institutions ◽  
Academic Publishing ◽  
Fair Dealing ◽  
Compulsory Licensing ◽  
Catastrophic Impact

This article asks whether the catastrophic impact of the COVID-19 pandemic justifies new limitations or interventions in copyright law so that UK educational institutions can continue to serve the needs of their students. It describes the existing copyright landscape and suggests ways in which institutions can rely on exceptions in the Copyright, Designs and Patents Act 1988 (CDPA), including fair dealing and the exemption for lending by educational establishments. It then considers the viability of other solutions. It argues that issues caused by the pandemic would not enliven a public interest defence to copyright infringement (to the extent this still exists in UK law) but may be relevant to remedies. It also argues that compulsory licensing, while permissible under international copyright law, would not be a desirable intervention, but that legislative expansion to the existing exceptions, in order to encourage voluntary collective licensing, has a number of attractions. It concludes by observing that the pandemic highlights issues with the prevailing model for academic publishing and asks whether COVID may encourage universities to embrace in-house and open access publishing more swiftly and for an even greater body of material.

scholarly journals Proposals for copyright law and education during the COVID-19 pandemic

2020 ◽  
Vol 71 (4) ◽  
pp. OQ35-OA58
Author(s):  
Emily Hudson ◽  
Paul Wragg
Keyword(s):  
Open Access ◽  
Public Interest ◽  
Copyright Infringement ◽  
Copyright Law ◽  
Open Access Publishing ◽  
Educational Institutions ◽  
Academic Publishing ◽  
Fair Dealing ◽  
Compulsory Licensing ◽  
Catastrophic Impact

This article asks whether the catastrophic impact of the COVID-19 pandemic justifies new limitations or interventions in copyright law so that UK educational institutions can continue to serve the needs of their students. It describes the existing copyright landscape and suggests ways in which institutions can rely on exceptions in the Copyright, Designs and Patents Act 1988 (CDPA), including fair dealing and the exemption for lending by educational establishments. It then considers the viability of other solutions. It argues that issues caused by the pandemic would not enliven a public interest defence to copyright infringement (to the extent this still exists in UK law) but may be relevant to remedies. It also argues that compulsory licensing, while permissible under international copyright law, would not be a desirable intervention, but that legislative expansion to the existing exceptions, in order to encourage voluntary collective licensing, has a number of attractions. It concludes by observing that the pandemic highlights issues with the prevailing model for academic publishing and asks whether COVID may encourage universities to embrace in-house and open access publishing more swiftly and for an even greater body of material.

scholarly journals Is Hyde Park Hiding the Truth? An Analysis of the Public Interest Defence to Copyright Infringement

2001 ◽  
Vol 32 (4) ◽  
pp. 1053 ◽  
Author(s):  
Rachel A Yurkowski
Keyword(s):  
Public Interest ◽  
Common Law ◽  
Copyright Infringement ◽  
Copyright Law ◽  
Fair Dealing ◽  
The Public ◽  
The Common

The existence, or not, of a public interest defence in the sphere of copyright law has been an issue of contention for many years. Due to the comprehensive statutory fair dealing defences available, only a handful of defendants have sought to rely on this defence, which exists at common law. However, when the defence has been raised, the judges have been unable to reach a consensus on its status, scope and indeed availability as a defence to breach of copyright.This paper analyses the extent to which public interest concerns are addressed in statutory copyright law, and presents arguments in support of extending the common law public interest defence to copyright law. However, any such defence must be limited in its scope and applicability, so as to avoid becoming a "thieves charter".

scholarly journals Proposals for copyright law and education during the COVID-19 pandemic

2021 ◽  
Vol 72 (S1) ◽  
pp. 154-185
Author(s):  
Emily Hudson ◽  
Paul Wragg
Keyword(s):  
Open Access ◽  
Public Interest ◽  
Copyright Infringement ◽  
Copyright Law ◽  
Open Access Publishing ◽  
Educational Institutions ◽  
Academic Publishing ◽  
Fair Dealing ◽  
Compulsory Licensing ◽  
Catastrophic Impact

This article asks whether the catastrophic impact of the COVID-19 pandemic justifies new limitations or interventions in copyright law so that UK educational institutions can continue to serve the needs of their students. It describes the existing copyright landscape and suggests ways in which institutions can rely on exceptions in the Copyright, Designs and Patents Act 1988 (CDPA), including fair dealing and the exemption for lending by educational establishments. It then considers the viability of other solutions. It argues that issues caused by the pandemic would not enliven a public interest defence to copyright infringement (to the extent this still exists in UK law) but may be relevant to remedies. It also argues that compulsory licensing, while permissible under international copyright law, would not be a desirable intervention, but that legislative expansion to the existing exceptions, in order to encourage voluntary collective licensing, has a number of attractions. It concludes by observing that the pandemic highlights issues with the prevailing model for academic publishing and asks whether COVID may encourage universities to embrace in-house and open access publishing more swiftly and for an even greater body of material.

Case Study #4: Star Trek by Gene Roddenberry

Public Voices ◽  
2016 ◽  
Vol 13 (2) ◽  
pp. 143
Author(s):  
Ken Nichols
Keyword(s):  
Public Administration ◽  
Public Interest ◽  
World Wide ◽  
Star Trek ◽  
Government Organization ◽  
The Public ◽  
The Third ◽  
Gene Roddenberry ◽  
Common Goals

Star Trek began as a 1960s television series led by a swashbuckling starship Captain, an intellectual off-world first officer, and a multicultural, heart-of-gold crew. In the third of a century since its appearance on our home screens, the series Gene Roddenberry created has become a world-wide phenomenon.Star Trek is also a rich treasure trove of administrative literature: The setting — usually a starship, sometimes a planetary government organization. The characters are clearly delineated, colorful, share common goals, distinguish between their personal and professional roles and concerns, and serve well as archetypes for distinct organizational personalities. And the missions are clear, benevolent, in the public interest, and frequently controversial.As you watch an episode of one of the four Star Trek series, how many of these facets can you observe?That’s public administration, all right, but in a very different wrapper

Assessing the capacity for public value creation within leadership theories: Raising the argument

2017 ◽  
Vol 20 (4) ◽  
pp. 479-518 ◽  
Author(s):  
Alexandru V. Roman ◽  
Thomas McWeeney
Keyword(s):  
Public Choice ◽  
Public Administration ◽  
Value Creation ◽  
Public Interest ◽  
Theory And Practice ◽  
Trust In Government ◽  
Leadership Theories ◽  
Public Value ◽  
Leadership Perspectives ◽  
The Creation

AbstractIn recent years, public administration has been targeted by multiple reform efforts. In multiple instances, such initiatives have been ideologically couched in public-choice perspectives and entrenched beliefs that government is the problem. One unavoidable consequence of this continued bout of criticism is the fact that government currently has a noticeably decreased capacity of boosting creation of public value. Within this context, there certainly is an important need for approaches that would counterbalance the loss of public value induced by market fundamentalism. This article suggests that leadership, as a concept of theory and practice, due to its partial immunity to the private-public dichotomy, can provide a pragmatic avenue for nurturing public interest and public value within the devolution of governance, a declining trust in government and a diminished governmental capacity to propagate the creation of public value. While this article critically examines and assesses the capacity of different leadership perspectives in terms of creating and maximizing public value, its primary scope is not the provision of definite answers but rather the instigation of a much necessary discussion.

scholarly journals When Copyright is Wrong

2021 ◽  
Author(s):  
William Urquhart
Keyword(s):  
Detection System ◽  
Copyright Infringement ◽  
Modern Technology ◽  
User Generated Content ◽  
The Internet ◽  
Fair Dealing ◽  
Media Companies ◽  
Detection Systems ◽  
Research Findings ◽  
Controversial Area

While copyright legally protects the ownership of created works, fair dealing with copyrighted content has become a problematic topic with the rise of user-generated content. User-generated content can be easily produced with modern technology and shared on the internet. This has resulted in websites having complicated processes for dealing with copyrighted content and many have introduced automated copyright detection systems to limit their liabilities of copyright infringement. Since automated copyright detection systems have been introduced, they have fundamentally changed the way copyright infringement is managed online. However, a problem arises with automated copyright detection systems as they are incapable of detecting fair dealing. Fair dealing is a provision under New Zealand’s Copyright Act 1994 that allows the use of copyrighted content in certain cases. Consequently, this has turned into a controversial area between content creators and copyright holders as most user-generated content usually contains copyrighted content. Copyright laws also favour mass media companies as they control significant copyright properties, and this plays a key role in the economy. For this reason, copyright genuinely tends to focus on the rights of copyright holders and not so much for users of copyrighted content. Furthermore, New Zealand's Copyright Act 1994 has not been updated since 2011 and has become unsuitable for modern forms of creation on the internet. This research portfolio investigates the problematic issues concerning New Zealand’s Copyright Act 1994 with its application to user-generated content and YouTube’s automated copyright detection system called ‘Content ID’. To express research findings, this research portfolio contains a user-generated documentary and several other proposed methods of bypassing Content ID.

DIGITAL TECHNOLOGIES IN PUBLIC ADMINISTRATION: LEGAL ASPECTS

2021 ◽  
pp. 220-228
Author(s):  
O.L. Alferov ◽  
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Information Society ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Public Authorities ◽  
Foreign Countries ◽  
Three Stages ◽  
The Russian Federation

This review analyzes the experience of Russia and a number of foreign countries in implementing digital technologies in public administration, and describes the main regulatory legal acts adopted at the three stages of the formation of the information society in the Russian Federation. The focus is on the problems of legal regulation of the digitalization of public authorities.

Taxonomy of IT Intangible Assets for Public Administration Based on the Electronic Government Maturity Model in Uruguay

2013 ◽  
pp. 103-122
Author(s):  
Helena Garbarino ◽  
Bruno Delgado ◽  
José Carrillo
Keyword(s):  
Public Administration ◽  
Intellectual Capital ◽  
Information Society ◽  
Intangible Assets ◽  
Electronic Government ◽  
Intangible Asset ◽  
Maturity Model ◽  
The Public

This chapter presents a taxonomy of IT intangible asset indicators for Public Administration, relating the indicators to the Electronic Government Maturity Model proposed by the Uruguayan Agency for Electronic Government and Information Society. Indicators are categorized according to a consolidated intellectual capital model. The Taxonomy is mapped at the indicator level against the EGMM subareas covering all of the relevant aspects associated with the intangible IT assets of the Public Administration in Uruguay. The main challenges and future lines of work for building a consolidated maturity model of IT intangible assets in Public Administration are also presented.

Public E-Service Conditions in Lithuania

2012 ◽  
pp. 733-757
Author(s):  
Egle Bileviciute ◽  
Tatjana Bileviciene
Keyword(s):  
Public Administration ◽  
Legal System ◽  
Information Society ◽  
Information Resources ◽  
Access To Information ◽  
State Institutions ◽  
Local Residents ◽  
Service Conditions ◽  
Online Access

E-governance projects improve the efficiency of administrative systems, lower the number of civil servants, and improve the quality of administration. The Lithuanian Concept on the Development of the Information Society seeks to modernise governance through the use of computerised information resources. This is important so as to develop electronic context, to encourage the provision of e-services, and to allow local residents and businesses to use those services. Lithuania has a public e-services portal, the purpose of which is a broad online access to information and public e-services provided by state institutions. The requirements for common European e- services enforcement in cyberspace influence the improvement of e-services in public administration in Lithuania. Lithuania has a legal system necessary for public e-services, but the actual implementation of services directives requires more specific statutes on services as well as corresponding secondary legislation. Basing on different studies, the authors examine the development and conditions of public e-services in Lithuania.

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