Article 7—Common Provisions

2021 ◽  
pp. 151-157
Author(s):  
Eleonora Rosati
Keyword(s):  
Subject Matter ◽  
European Directive ◽  
Special Cases ◽  
Exceptions And Limitations ◽  
Legitimate Interests ◽  
The Common ◽  
Rights And Interests ◽  
Fair Balance

This chapter discusses the common provisions in Article 7 of Directive 2019/790, the European directive on copyright. It explains the application of the Directive to special cases that do not conflict with the normal exploitation of works or other subject matter and do not unreasonably prejudice the legitimate interests of the rightholders. It also seeks to achieve a fair balance between the rights and interests of authors, other rightholders, and users. The chapter mentions the protection of technological measures established in Directive 2001/29/EC, which remains essential to ensure the protection and the effective exercise of the rights granted to authors and other rightholders under Union law. It stresses the maintenance of protection while ensuring the use of technological measures that do not prevent the enjoyment of the exceptions and limitations provided in Directive 2019/790.

Article 18—Principle of Appropriate and Proportionate Remuneration

2021 ◽  
pp. 360-367
Author(s):  
Eleonora Rosati
Keyword(s):  
Subject Matter ◽  
End User ◽  
Member States ◽  
Rights And Interests ◽  
To Receive ◽  
Fair Balance ◽  
Copyright Directive

This discusses Article 18 of the European copyright directive, Directive 2019/790, which sets forth the principle of appropriate and proportionate remuneration. It instructs Member States to ensure that authors and performers are entitled to receive appropriate and proportionate remuneration their exclusive rights are licensed or transferred for the exploitation of their works or other subject matter. It also highlights the liberty of Member States to use different mechanisms and take into account the principle of contractual freedom and a fair balance of rights and interests. The chapter clarifies that authors and performers tend to be in the weaker contractual position when they grant a licence or transfer their rights for the purposes of exploitation in return for remuneration. It explains how protection does not arise where the contractual counterpart acts as an end user and does not exploit the work or performance itself.

Article 5—Use of Works and Other Subject Matter in Digital and Cross-Border Teaching Activities

2021 ◽  
pp. 93-127
Author(s):  
Eleonora Rosati
Keyword(s):  
Member State ◽  
Subject Matter ◽  
Teaching Activities ◽  
Sole Purpose ◽  
Exceptions And Limitations ◽  
Fair Compensation ◽  
Electronic Environments ◽  
Article 5 ◽  
Fair Balance ◽  
Copyright Directive

This chapter analyzes Article 5 of Directive 2019/790, copyright directive of the Digital Single Market in Europe. It discusses the use of works and other subject matter for the sole purpose of illustration for teaching through secure electronic environments that occur solely in the Member State where the educational establishment is founded. It also mentions the task of Member States to provide fair compensation for rightholders for the use of their works or other subject matter. The chapter explores the exceptions and limitations outlined in Directive 2019/790, which seek to achieve a fair balance between the rights and interests of authors, other rightholders, and users. It cites the protection of technological measures established in Directive 2001/29/EC that remains essential to ensure the protection and the effective exercise of the rights granted to authors and to other rightholders under the Union law.

Article 4—Exception or Limitation for Text and Data Mining

2021 ◽  
pp. 60-92
Author(s):  
Eleonora Rosati
Keyword(s):  
Data Mining ◽  
Cultural Heritage ◽  
Subject Matter ◽  
Digital Technologies ◽  
Internal Market ◽  
Member States ◽  
Exceptions And Limitations ◽  
Fair Balance ◽  
Text And Data Mining ◽  
Copyright Directive

This chapter focuses on Article 4 of Directive 2019/790, the European copyright directive, which require Member States to provide for an exception or limitation for reproductions and extractions of works and other subject matter for the purposes of text and data mining. It talks about digital technologies that permit new types of uses that are not clearly covered by the existing Union rules on exceptions and limitations in the fields of research, innovation, education, and preservation of cultural heritage. It also describes the optional nature of exceptions and limitations that could negatively impact the functioning of the internal market. The chapter discusses the exceptions and limitations provided in Directive 2019/790 that seek to achieve a fair balance between the rights and interests of authors, other rightholders, and users. It clarifies that text and data mining can be carried out in relation to mere facts or data that are not protected by copyright.

The Trade Mark, Other Product Designations, and Goodwill

2017 ◽  
Author(s):  
Justine Pila
Keyword(s):  
Subject Matter ◽  
Common Law ◽  
Trade Mark ◽  
Geographical Indication ◽  
Passing Off ◽  
Rights Protection ◽  
Essential Properties ◽  
The Subject ◽  
The Common ◽  
The Relationship

This chapter considers the meaning of the terms that appropriately denote the subject matter protectable by registered trade mark and allied rights, including the common law action of passing off. Drawing on the earlier analyses of the objects protectable by patent and copyright, it defines the trade mark, designation of origin, and geographical indication in their current European and UK conception as hybrid inventions/works in the form of purpose-limited expressive objects. It also considers the relationship between the different requirements for trade mark and allied rights protection, and related principles of entitlement. In its conclusion, the legal understandings of trade mark and allied rights subject matter are presented as answers to the questions identified in Chapter 3 concerning the categories and essential properties of the subject matter in question, their method of individuation, and the relationship between and method of establishing their and their tokens’ existence.

On the Theory of Thermally Weighted Electron-Phonon Transition Probabilities

1980 ◽  
Vol 35 (9) ◽  
pp. 902-914
Author(s):  
J. Schupfner
Keyword(s):  
Transition Probabilities ◽  
Algebraic Method ◽  
Calculation Technique ◽  
Radiative Transitions ◽  
Special Cases ◽  
Explicit Formulae ◽  
The Common ◽  
Common Transition ◽  
Franck Condon ◽  
Refined Calculation

Abstract We present a refined calculation method for the phonon part (Franck-Condon Overlaps) of the transition probabilities of electron-phonon radiative and non-radiative transitions in crystals. The evaluation of the thermal averaged Franck-Condon integrals is a purely algebraic method and the transition probabilities we use are derived from first principles and completely atomistic. For the electronic transitions we take into account the frequency shift of the lattice and the change of the phonon normal coordinates. Explicit formulae of the phonon parts are derived and it is shown that the common transition probabilities used in literature are special cases of our functional calculation technique.

The lawyer’s role as a representative in the economic procedure

2020 ◽  
Vol 4 (4) ◽  
pp. 149-152
Author(s):  
Liliya Mezhevska ◽  
Valeriya Vasylchenko
Keyword(s):  
Special Role ◽  
Legal Assistance ◽  
Fundamental Component ◽  
Legitimate Interests ◽  
Commercial Process ◽  
Legal Position ◽  
Rights And Interests ◽  
Comprehensive Study

The participation of a lawyer is a fundamental component of the trial. After all, there are many people who need qualified legal assistance, primarily to protect their rights and interests. However, the current legislation of Ukraine regulates the legal relations of procedural representation in different ways, especially with regard to the provision of legal assistance and the performance of functions in court by a lawyer. This question requires a new comprehensive study, taking into account the peculiarities of the legal position of a lawyer in economic and procedural legal relations as their subject and on its basis the following provision: taking into account the special role of a lawyer as a person providing legal assistance. requires a separate regulatory regulation. Introduction of norms in the legislation that will be more in line with the direction of strengthening the protection of the rights and legitimate interests of participants in commercial proceedings during the proceedings in the commercial court, provided that their interests are represented by a lawyer. Thus, we can conclude that the specifics of the lawyer in the commercial process is determined by the specifics of the commercial proceedings.

Between Guess Work and Certainty in Psychiatry

PEDIATRICS ◽  
1958 ◽  
Vol 21 (6) ◽  
pp. 949-949
Keyword(s):  
Subject Matter ◽  
Scientific Method ◽  
Individual Animal ◽  
Fundamental Distinction ◽  
The Subject ◽  
The Common ◽  
The Individual ◽  
Rational Inquiry

"The safeguards contained in the scientific method are repugnant to some who devote themselves to psychotherapy, and their argument against it always harks back to the uniqueness of the individual." The author points out that this is an obscurantist argument and it does not follow that because an individual is a unique reality, he cannot be compared with anyone else. On this basis there would be no science of zoology as every individual animal is also a unique reality, but this has not been an obstacle to comparison and collective study in this science. The argument is reminiscent of claims prevalent during the controversies about evolution when the opponents asserted that man was an improper subject for comparitive study because of his fundamental distinction from all other creatures. Only insofar as the common denominators between individuals can be ascertained may the subject matter of psychiatry become the object of scientific and rational inquiry and without this it could not be taught. We would be in the position of having to accept the pronouncements of supposedly singularly gifted individuals on faith, and continuity in the field would presumably depend entirely upon apprenticeship.

TAJEMNICA DZIENNIKARSKA I ZASADY ZWALNIANIA Z NIEJ

2021 ◽  
pp. 198-213
Author(s):  
Lech Jaworski
Keyword(s):  
Criminal Procedure ◽  
Third Parties ◽  
Good Faith ◽  
Editorial Office ◽  
Personal Rights ◽  
The Press ◽  
Legitimate Interests ◽  
Publishing Houses ◽  
Rights And Interests ◽  
The Right

Journalistic secrecy is professional. In the light of Article 15 of the Press Law (Pr.L.) the journalist is obliged to keep secret the identity of his informants and the authors of the press material, the mail to the editorial office or other material of this nature, if they deserve the right to remain anonymmous. This obligation also applies to other persons employed in editorial offices, press publishing houses and other press organizational units. In addition, it covers any information, the disclosure of which could violate the legitimate interests of third parties. This corresponds to the content of Article 12 § 1 (2) Pr.L., according to which a journalist is obliged to protect the personal rights and interests of informants acting in good faith and other people who trust him or her. Breaking journalistic secrecy is a crime prosecuted ex officio. However, in certain situations journalistic secrecy is excluded (Article 16 Pr.L. and Article 180 of the Code of Criminal Procedure).

Paris Embraces Modern Art – But Not in Court: Opinion on the Cour d’Appel de Paris Decision – Jeff Koons v Franck Davidovici

2021 ◽  
Author(s):  
Moritz Sutterer
Keyword(s):  
Subject Matter ◽  
Modern Art ◽  
Applicable Law ◽  
Traditional Notion ◽  
The Us ◽  
Exceptions And Limitations ◽  
The Subject ◽  
First Time ◽  
Jeff Koons ◽  
Court Of Appeal

Abstract In February 2021 the Paris Court of Appeal (Cour d’appel de Paris) rendered a decision against the US artist Jeff Koons, holding that he had infringed copyright relating to an advertisement photography that was more than 30 years old. Jeff Koons is famous for his Neo-pop Appropriation art – kitsch for some, a provocative breach with the traditional notion of art for others. It was not the first time Koons has had to defend his work in court. The French decision is particularly interesting, however, as it shows a very narrow understanding of the copyright exceptions. It is an illustrative example of the issues resulting from CJEU’s approach in Pelham, Spiegel Online and Funke Medien, where the Court held that once the recognisability of original elements has been established, the only way out of the infringement leads through the formal exceptions and limitations of the InfoSoc Directive. Based on the decision, I will reflect on the openness of copyright for art-specific forms of referencing and in particular analyse the subject matter and scope of the parody exception and contrast it with less formal approaches to consider new creative elements. I will also analyse the question of applicable law in internet cases.

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