2. Copyright

2019 ◽  
pp. 11-38
Author(s):  
Tim Press
Keyword(s):  
European Union ◽  
Public Interest ◽  
Copyright Law ◽  
Substantial Part ◽  
The European Union ◽  
Dramatic Works ◽  
Sound Recordings ◽  
Fair Dealing ◽  
The Public ◽  
Musical Works

This chapter defines copyright as arising whenever a work is created under qualifying conditions. The Copyright, Designs, and Patents Act 1988 (CDPA) defines eight types of work that fall under two categories: works that must be original or ‘authorial works’, including literary works, dramatic works, musical works, and artistic works; and works that need not be original or ‘entrepreneurial works’: films, sound recordings, broadcasts, and the typographical arrangement of published editions. Copyright is infringed by copying or communicating the whole or a substantial part of a work—referred to as primary infringement—or by dealing in infringing copies of a work—referred to as secondary infringement. There are some major and many minor defences to copyright infringement including the ‘fair dealing’ defences and the public interest. Many aspects of copyright law have been harmonized by the European Union.

2. Copyright

2017 ◽  
Author(s):  
Tim Press
Keyword(s):  
European Union ◽  
Public Interest ◽  
Copyright Law ◽  
Substantial Part ◽  
The European Union ◽  
Dramatic Works ◽  
Sound Recordings ◽  
Fair Dealing ◽  
The Public ◽  
Musical Works

This chapter defines copyright as arising whenever a work is created under qualifying conditions. The Copyright, Designs, and Patents Act 1988 (CDPA) defines eight types of work that fall under two categories: works that must be original or ‘authorial works’, including literary works, dramatic works, musical works, and artistic works; and works that need not be original or ‘entrepreneurial works’: films, sound recordings, broadcasts, and the typographical arrangement of published editions. Copyright is infringed by copying or communicating the whole or a substantial part of a work—referred to as primary infringement—or by dealing in infringing copies of a work-referred to as secondary infringement. There are some major and many minor defences to copyright infringement including the ‘fair dealing’ defences and the public interest. Many aspects of copyright law have been harmonized by the European Union.

scholarly journals The Principle of Sustainable Development as the Basis for Weighing the Public Interest and Individual Interest in the Scope of the Cultural Heritage Protection Law in the European Union

2021 ◽  
Vol 13 (7) ◽  
pp. 3985
Author(s):  
Adam Kozień
Keyword(s):  
European Union ◽  
Sustainable Development ◽  
Cultural Heritage ◽  
Public Interest ◽  
Legal Protection ◽  
Individual Interest ◽  
The European Union ◽  
European Union Law ◽  
Environmental Aspect ◽  
The Public

The concept of sustainable development is widely used, especially in social, environmental and economic aspects. The principle of sustainable development was derived from the concept of sustainable development, which appears in legal terms at the international, EU, national and local levels. Today, the value of cultural heritage that should be legally protected is indicated. A problematic issue may be the clash in this respect of the public interest related to the protection of heritage with the individual interest, expressed, e.g., in the ownership of cultural heritage designates. During the research, scientific methods that are used in legal sciences were used: theoretical–legal, formal–dogmatic, historical–legal methods, as well as the method of criticism of the literature, and legal inferences were also used. The analyses were carried out on the basis of the interdisciplinary literature on the subject, as well as international, EU and national legal acts—sources of the generally applicable law. Research has shown that the interdisciplinary principle of sustainable development, especially from the perspective of the social and auxiliary environmental aspect, may be the basis for weighing public and individual interests in the area of legal protection of cultural heritage in the European Union. It was also indicated that it is possible in the situation of treating the principle of sustainable development in terms of Dworkin’s “policies” and allows its application not only at the level of European Union law (primary and secondary), but also at the national legal orders of the European Union Member States.

Human rights restrictions during the COVID-19 pandemic in Poland and Russia. Legal and comparative aspects

2021 ◽  
Vol 2(24) ◽  
pp. 323-340
Author(s):  
Marta Pietras-Eichberger
Keyword(s):  
Public Health ◽  
European Union ◽  
Human Rights ◽  
Public Interest ◽  
The European Union ◽  
Human Rights Law ◽  
The Public ◽  
Safety And Health ◽  
Research Problems ◽  
The Impact

The study analyzed selected issues related to the scope of human rights and freedoms during the COVID-19 pandemic in Poland and Russia. The author wanted to compare the regulations issued by a Member State of the European Union and a country outside the European Union, often using undemocratic methods of exercising power. The work focuses on research problems related to the principles of protection, the confrontation of individual interests with the public interest, and the impact of the regimes introduced during the COVID-19 pandemic on human rights law in both countries. The thesis of the study is that in the event of a threat to public health, analogous restrictions on human rights are introduced both in an undemocratic country and in a country belonging to international structures identifying with democratic values. The state of the COVID-19 pandemic has exposed, and in some area even contributed to the creation of mechanisms reserved for crisis situations, posing a direct and real threat to public safety and health.

scholarly journals An Autonomous EU Functionality Doctrine for Shape Exclusions

2020 ◽  
Vol 69 (6) ◽  
pp. 567-577
Author(s):  
Uma Suthersanen ◽  
Marc D Mimler
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Public Interest ◽  
Subject Matter ◽  
Trade Mark ◽  
Copyright Law ◽  
Property Law ◽  
The European Union ◽  
Court Of Justice ◽  
Functionality Doctrine

Abstract Exclusionary subject matter are often underpinned by public interest considerations. In the case of shapes of products, the Court of Justice of the European Union has aligned the interpretation of the relevant exclusionary provisions within design and trade mark laws. More recently, European jurisprudence within copyright law in relation to conditions of protection has imported the same considerations so as to regulate the protection of shapes of products. This article explores the multitude of doctrinal and policy reasons underpinning shape exclusions and argues that the Court is consciously creating an EU autonomous functionality doctrine within intellectual property law. We also argue that the Court is building a European macro-rationale within these laws namely to ensure that protection does not unduly restrict market freedom and competition.

scholarly journals EUROPEAN REQUIREMENTS REGARDING THE AUDIT REPORTING

2017 ◽  
Author(s):  
Daniel Botez
Keyword(s):  
European Union ◽  
Public Interest ◽  
Audit Committee ◽  
Financial Statements ◽  
The European Union ◽  
Consolidated Financial Statements ◽  
The Public ◽  
Supervisory Authority ◽  
Additional Information ◽  
Reporting Requirements

In recent years, reporting requirements on the statutory audit have been revised and amended to increase the audit report’s communication value. In addition to the stipulations of the International Auditing Standards Package on reporting, revised and enforceable on 15 December 2016, the European Union issued the Directive 2014/56 / EU amending Directive 2006/43 / EC on statutory audits of annual financial statements and consolidated financial statements and EU Regulation no. 537/2014 on specific requirements for the statutory audit of public interest entities, both of which were published on the same date, June 17, 2014 and with the same application deadline, June 17, 2016. These normative acts foresee increased requirements for the reporting procedure in the statutory audit. Thus, the Directive provides for additional content requirements for the audit report, and the regulation requires additional information in the report but also the issuance and provision of other reports by the auditor: report to the audit committee of the public interest entity; In some cases, a report to the public-interest entity's supervisory authority or to the auditor's supervisory authority, and a transparency report published annually on the auditor's website. Our article details this information with direct reference to the content of these European official documents.

scholarly journals Is there a public interest in knowing what is going on in society? A comparative study of the European Courts

2019 ◽  
Vol 26 (5) ◽  
pp. 691-712
Author(s):  
Maija Dahlberg ◽  
Daniel Wyatt
Keyword(s):  
European Union ◽  
Public Interest ◽  
Fundamental Rights ◽  
The European Union ◽  
Official Document ◽  
The Public ◽  
European Court ◽  
Fundamental Reason ◽  
The Right ◽  
Right Of Access

Both of the European courts, namely the European Court of Human Rights and the Court of Justice of the European Union, have well-established case law on the public’s right of access to official documents. The core of the right is the same in both of the courts’ jurisdictions but the interpretations concerning the breadth of the right are very different. One fundamental reason for the public’s right of access to information being understood differently by each of these courts is their divergent approaches to the assessment of the public interest associated with an individual’s request for information. While the ECtHR openly evaluates the public interest or interests involved in the disclosure of an official document, the CJEU gives this factor little or no weight. In this article, our main argument is that CJEU should follow the ECtHR’s interpretation of the public interest in order to give the right of access to documents the same scope in both legal regimes and, in doing so, fulfil the requirements stemming from Article 52(3) of the Charter of Fundamental Rights of the European Union.

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".

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