scholarly journals Ch.5 Copyright and Related Rights

Author(s):  
Correa Carlos Maria

This chapter assesses Section 1 of the Trade-related Aspects of Intellectual Property Rights (TRIPS) Agreement, which deals with ‘copyright and related rights’. It contains six Articles that supplement the Berne Convention. The premise for copyright—or authors’ rights—protection is that creation and cultural activities are stimulated by the granting of exclusive rights. In the absence of such rights, it is argued, the production and distribution on new works for the public would be jeopardized. As in the case of patents, several theories have been proposed to justify copyright protection, namely, natural law, a just reward for labor, the stimulation of creativity, and the social usefulness of copyright. It is necessary to bear in mind, however, that a large portion of creative works are developed without pursuing any protection against copying. The ‘open source’ model for software development is just an example of alternative paths to encourage creativity and innovation.

Author(s):  
Bertie Mandelblatt

The study of food essentially deals with the interrelationships between the social and cultural worlds of humans and the zoological and physical worlds of climate and ecology. This article examines the debates over food as they have developed within geography in both the English- and French-speaking worlds, particularly in light of the recent interest in food studies both within academia and in the public sphere. Geographers, known for their disciplinary focus on the spatial element of human life, tend to conceptualize foodways in fluid relation to place. This article first discusses global and transnational food scales, before turning to national and regional food scales as well as food consumption at the urban and domestic scales. The article also explores geography's engagement with agriculture, animal husbandry, and rural food production and distribution networks.


2012 ◽  
pp. 461-474
Author(s):  
Angelica Bonfanti

Pursuant to their WTO commitments, Member States shall liberalize trade in goods, services and intellectual property rights, without any exceptions apart from those expressly provided by the covered agreements. Among them is the public morals exception. This paper aims to assess whether the implementation of the WTO commitments may have the effect of removing the filters imposed by some States through censorship, and whether the liberalization of international trade may contextually function as a means for enhancing freedom of expression. In so doing the paper examines how the public morals exception should be interpreted when censorship measures, on the one hand, and human rights protection, on the other, are at stake.


Author(s):  
Eugenia Siapera ◽  
Lambrini Papadopoulou

This article examines radical documentaries in Greece as a response to neoliberal crisis and post democracy. In a context where mainstream media have made themselves irrelevant, facing historical lows in trust and credibility, we found that radical documentaries have emerged outside the commodification of information and form part of the growing social or solidarity economy in Greece. Our analysis shows that these documentaries operate through a different political economy, that involves collaborative practices and that they are firmly oriented towards society rather than the political sphere. Overall, we found that radical documentaries are seeking to recuperate the media through engaging professional media workers, journalists, film directors, academics and actors; they operate through reclaiming media know-how; through radicalizing the financing, production and distribution by refusing to participate in commodification processes; and through recreating commonalities by thematizing the common, the public, and responsibility towards others.Their specific political role is found to be one of helping to restore the social body and to contribute to processes of commoning, whereby solidarity and social trust is recovered.


2013 ◽  
Vol 14 (10) ◽  
pp. 1981-2003 ◽  
Author(s):  
Mijke Houwerzijl ◽  
Terry Wilkinson

In the current European social and political climates there is much focus on forming the European Union into a more integrated, sustainable, and globally competitive economic market. This ideology is especially reflected in the aims of the EU 2020 agenda. With regards to these economic goals, it is very important that European law protects the economic freedoms of all participants in the internal market. Considering the alternative and concurrent 2020 goals of social integration, social cohesion, and human rights protection, EU law is also bound to protect the rights of workers and the public interest.


2020 ◽  
Vol 9 (2) ◽  
pp. 51-57
Author(s):  
Afolayan Oluyinka Titilope

Intellectual property right protection is of growing importance in most countries of the world due to its role in the development of any nation. However, intellectual property rights protection in Nigeria has not yielded any positive results as expected due to the problem of weak enforcement and non-implementation of protection laws. In view of this, the main purpose of this article is to unravel the challenges militating against the protection of intellectual property rights of creators and inventors in Nigeria. This article further discusses the benefits of intellectual property rights protection. Challenges contributing to weak enforcement of intellectual property rights were also identified in this article. In conclusion, intellectual property rights protection in Nigeria should be given the highest priority by government to aid national development as well as promoting creativity and innovation on the part of creators and inventors.


Copyright laws provide the legal framework to the business of publishing, and authors and publishers have benefitted enormously over the last 100 years or more from the existing copyright regime. The objective of copyright law is to reward the creativity of authors while ensuring that the general public has access to the creativity and innovation of authors. Publishers invest in the content and intellectual property rights assigned to them by authors. What provides value to their investment is the protection provided by copyright laws to the seamless acquisition and transfer of the intellectual property asset. This paper, the first of its kind on authors and copyright in India, focuses on Indian author perceptions on the role of publishers in protecting copyright.


2011 ◽  
Vol 7 (2) ◽  
Author(s):  
Sérgio Vieira Branco Júnior

Resumo O estudo do domínio público no direito autoral não se resume a apontar os prazos de proteção conferido às obras intelectuais. De tratamento escasso pela doutrina, o tema é bem mais complexo do que aparenta em um primeiro momento, abrangendo diversas áreas do direito e tendo implicações diretas na vida da sociedade. Uma análise relevante é determinar quais os efeitos sociais, econômicos e jurídicos decorrentes do ingresso de uma obra no domínio público, sendo tais efeitos determinantes para se construir a justificativa de existência do próprio domínio público. Palavras-chave Abstract The study of public domain in copyright law is not limited to pointing out the terms of copyright protection. Being scarcely studied by the doctrine, the issue is more complex than it appears at first, covering different areas of law and having direct implications in society. A relevant analysis is to determine the social, economic and legal effects under the entry of a work into the public domain, such effects being crucial to build the justification of existence of the public domain. Keywords


2021 ◽  
pp. 171-200
Author(s):  
Alexis Easley

In this chapter, I focus on a writer who got her start writing poetry and prose for the cheap popular press: Frances Brown. Like Cook, Brown was working class, but her impoverished upbringing as the daughter of a postmaster in a remote Ulster village placed her on a lower rung of the social ladder than Cook with fewer resources at her disposal. She lost her sight to smallpox when she was eighteen months old and learned about the world by listening to her siblings’ lessons and having family members read aloud to her. Once she began writing, her sister Rebecca served as her amanuensis. She began her career contributing poetry to the Irish Penny Journal, later published her work in the Penny Magazine, and developed an extensive career contributing poetry and prose to Chambers’s Edinburgh Journal. Her careful navigation of the market for popular literature reveals the importance of cheap media formats (with differing levels of copyright protection) in a fashioning a writing career. Even though Brown’s work was often repurposed by scissors-and-paste journalists as if it were free content within the public domain, she was successful in establishing a celebrity identity and publishing her work in book form.


Author(s):  
Eugenia Siapera ◽  
Lambrini Papadopoulou

This article examines radical documentaries in Greece as a response to neoliberal crisis and post democracy. In a context where mainstream media have made themselves irrelevant, facing historical lows in trust and credibility, we found that radical documentaries have emerged outside the commodification of information and form part of the growing social or solidarity economy in Greece. Our analysis shows that these documentaries operate through a different political economy, that involves collaborative practices and that they are firmly oriented towards society rather than the political sphere. Overall, we found that radical documentaries are seeking to recuperate the media through engaging professional media workers, journalists, film directors, academics and actors; they operate through reclaiming media know-how; through radicalizing the financing, production and distribution by refusing to participate in commodification processes; and through recreating commonalities by thematizing the common, the public, and responsibility towards others.Their specific political role is found to be one of helping to restore the social body and to contribute to processes of commoning, whereby solidarity and social trust is recovered.


Liquidity ◽  
2017 ◽  
Vol 6 (2) ◽  
pp. 110-118
Author(s):  
Iwan Subandi ◽  
Fathurrahman Djamil

Health is the basic right for everybody, therefore every citizen is entitled to get the health care. In enforcing the regulation for Jaringan Kesehatan Nasional (National Health Supports), it is heavily influenced by the foreign interests. Economically, this program does not reduce the people’s burdens, on the contrary, it will increase them. This means the health supports in which should place the government as the guarantor of the public health, but the people themselves that should pay for the health care. In the realization of the health support the are elements against the Syariah principles. Indonesian Muslim Religious Leaders (MUI) only say that the BPJS Kesehatan (Sosial Support Institution for Health) does not conform with the syariah. The society is asked to register and continue the participation in the program of Social Supports Institution for Health. The best solution is to enforce the mechanism which is in accordance with the syariah principles. The establishment of BPJS based on syariah has to be carried out in cooperation from the elements of Social Supports Institution (BPJS), Indonesian Muslim Religious (MUI), Financial Institution Authorities, National Social Supports Council, Ministry of Health, and Ministry of Finance. Accordingly, the Social Supports Institution for Helath (BPJS Kesehatan) based on syariah principles could be obtained and could became the solution of the polemics in the society.


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