Article 16—Claims to Fair Compensation

2021 ◽  
pp. 295-300
Author(s):  
Eleonora Rosati

This chapter talks about claims to fair compensation covered in Article 16 of the European copyright directive, Directive 2019/790. It explains the transfer of a licensed right from a publisher, which constitutes a sufficient legal basis for the publisher to be entitled to a share of the compensation for the use of the work. It also describes publishers, including those of press publications, books or scientific publications and music publications, that operate on the basis of the transfer of authors' rights by means of contractual agreements or statutory provisions. The chapter highlights how publishers make an investment with a view to the exploitation of the works contained in their publications and be deprived of revenues where works are used under exceptions or limitations, such as those for private copying and reprography. It cites several Member States wherein the compensation for uses under exceptions or limitations is shared between authors and publishers.

Author(s):  
Stavroula Karapapa

Under EU copyright, certain permitted uses are subject to the requirement that the rightsholders shall be fairly compensated. These ‘permitted-but-paid’ uses include private copying, reprography, and the reproduction of broadcasts that are made by social institutions pursuing non-commercial purposes. A number of questions arise with regard to the concept of fair compensation as a condition for the application of said exceptions, some of which have been discussed in the Court of Justice. Still, uncertainty remains regarding the way in which the requirement of fair compensation has been implemented by the various Member States, the notoriously vague and variably interpreted concept of harm on which fair compensation is premised, and the impact of compensation on the legal nature of uses. This has an impact on how the relevant remunerated exceptions are understood in terms of their legal nature: are they statutory licenses, legitimate entitlements of the rightsholders to compensation, or fully fledged rights of the users who have actually paid for their entitlement to a specific permitted use? Answers to questions like this one are becoming more pressing in the online context where the concept of harm could take unprecedented dimensions, especially with regard to private copying.


2021 ◽  
Vol 65 (04) ◽  
pp. 164-169
Author(s):  
Elkhan Ajdar Askarov ◽  

Intestate succession occupies an important place in the field of Succession law in the civil legislation of the European Union. Intestate succession (devolution of decedent’s property to persons indicated in law) is effective in case of an intestacy or if testament is declared invalid entirely or partly. The article reflects the concept, sequence, legal basis and place in judicial practice of intestate succession. Key words: intestate succession, succession law, civil code, legislation, comparative analysis


Author(s):  
Rodger Barry ◽  
Ferro Miguel Sousa ◽  
Marcos Francisco

This chapter explains the contents and goals of the Antitrust Damages Directive (Directive 2014/104/EU), the corollary of the EU’s policy towards the promotion and facilitation of private enforcement of competition law. It first traces the evolution in EU competition law enforcement and policy that led to the adoption of the Directive before considering the goals of the Directive in more detail, namely to provide rules for the effective compensation of victims of antitrust infringements and to harmonize some rules concerning damages claims. It then examines the Directive’s legal basis under EU Law as well as substantive provisions, including those relating to compensatory principles, quantification of harm, and consensual dispute resolution. The chapter goes on to highlight neglected issues, limitations, and inherent biases regarding the scope and nature of the Directive’s rules and concludes with an analysis of issues arising from implementation of the Directive in Member States.


2021 ◽  
pp. 360-367
Author(s):  
Eleonora Rosati

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.


Author(s):  
Gray Christine

This chapter discusses Security Council authorization of member states to use force. There is now general agreement that the original scheme of Chapter VII of the UN Charter is not workable, and that the UN itself will not conduct enforcement operations. Instead, the Security Council may authorize member states to take enforcement action, even if the precise legal basis for this in the Charter is not clear. The Security Council has not again authorized member states to use force against an aggressor state in the same way as it did against Iraq after its invasion of Kuwait, but it has authorized action for a variety of other purposes. This chapter then discusses the controversy over claims of implied or revived authorization of the use of force by the Security Council.


2008 ◽  
Vol 5 (1) ◽  
pp. 35-68 ◽  
Author(s):  
Herwig Unnerstall

AbstractThe Natura 2000 network is one of the most important instruments for biodiversity conservation in the EU. Public participation at its establishment and its management is an idea often promoted for improving implementation and hence conservation results. The Habitats Directive being the legal basis for the network does not pay attention to the issue of public participation—leaving the task to the Member States. This paper analyses and compares the legal basis and administrative practices of a number of Member States in regard to public participation at different stages of development of the network. It distinguishes different of types of public participation and makes a preliminary evaluation of them.


2020 ◽  
Vol 18 (1) ◽  
pp. 11-28
Author(s):  
László Bajnai ◽  
Attila Józsa

Abstract The necessity of operational urban development becomes obvious if we intend to respond with a planned urban development to the challenges posed by an environmentally, socially, and economically sustainable urbanization. We all know the means necessary to enable operational urban development, the ones making planned urban development possible in the most developed founding Member States of the EU as well as in Central Europe – the region of the former ‘Mitteleuropa’. Operational urban development needs to be fully consistent with its objective in a constantly changing public policy, market, economic, and social environment while also being guided by the current local conditions, which is why improving and developing its toolbox and methodology according to scientific standards is an ongoing task. In terms of the evolution of this process, the culture ensuring its control is a crucial factor, wherefore not only the existing toolbox and methodology, serving as its subject, is worth investigating but the very historical foundation it relies on. Indeed, this is a factor that, even despite an uncertain public policy and social environment, can prove conclusively that operational urban development, acting as a prerequisite for a conscious and planned urban development, is possible not merely because there is an established and rich toolbox in place in the most developed Western European EU Member States, which has been functioning continuously and efficiently since the end of World War II and which has, since 1990, increasingly provided for the reintegrating countries of Central Europe too, allowing for adaptation to the local conditions, but it is also possible because what we call in today's terms operational urban development is not some questionable practice of uncertain past but is nearly as ancient as the present-day European civilization with thousands of years of history, taken root in the wake of the Greek, Roman, Jewish, and Christian cultures – and this statement holds true not only for the most developed and richest countries but for those of Central Europe as well. The activity known today by the name of operational urban development already yielded some results in the past without which our cities would not be the same. This is not just the case in Western Europe but also in Central Europe. The mainstream of the European history of operational urban development that can be identified in connection with Italy, France, Germany, Spain, and England is a better-known and internationally more addressed topic in the literature even if it does not emerge in public awareness directly by this name but as a phenomenon integrated in other dimensions of the history of urbanism and architecture, the history of ideas, engineering, history, and geography. At the same time, although the turning points in its Central European history are increasingly present in scientific publications, the latter is still awaiting substantive treatment. In the above-specified context, the present study aims to facilitate this European cognitive process focused on Central Europe for ‘the history of science is science itself’.


2021 ◽  
Vol 212 (09) ◽  
pp. 80-92
Author(s):  
S. Golovina ◽  
Aleksey Ruchkin ◽  
I. Mikolaychik ◽  
L. Smirnova

Abstract. The use of the experience of implementing the Common Agricultural Policy (CAP) in the member states of the European Union (EU) is relevant both for Russia and for other countries of the world interested in the successful development of the agrarian sector of the economy and rural areas. The role of rural areas in achieving national security of countries and regions (food, biological, environmental and other) is increasing significantly due to the current challenges and threats (climate change, COVID-19 pandemic, aggravation of the international situation). The purpose of the study, the results of which are presented in this article, is to scrutinise the special approach implemented under the CAP. This approach is referred to in European law as LEADER/CLLD and refers to a close combination of comprehensive cross-sector interaction with active involvement of local communities in rural development. In the work, analytical and review research methods were used, with the help of which (1) the current (relevant to the research topic) legislation, (2) programs implemented in the EU member states, (3) significant scientific publications were subject to scrupulous study. The result of the work is a review and analysis of the findings and practical recommendations for the future use of the various aspects of LEADER/CLLD in domestic political and economic practice. The application of this approach takes into account the fact that the experience of local residents, combined with the opinions of other stakeholders, can help to better adapt rural development policy to real needs and opportunities, and to form a specific (unique) human capital within the boundaries of rural communities. Human capital includes, in addition to specific skills, (1) the ability to take constructive initiatives, (2) a sense of local identity and ownership, (3) the ability to participate as equals with other partners in defining local development strategies, (4) trust between people, private enterprises, public institutions and sectoral communities interested in successful rural development, formed through constant interaction. Theoretical and practical conclusions regarding the content of LEADER/CLLD initiatives, as well as findings related to the possibilities of introducing tools and mechanisms to support rural areas, implemented directly with the involvement of local communities with financial support from the state, are of scientific novelty.


Author(s):  
Amos Saurombe

This study was conceived as a result of growing frustration at the slow pace of development for a harmonised policy and legal instrument for the protection of IKS in SADC. The problems related to the protection of IKS will remain unless there is a clear policy and legal basis to address it. SADC consists of 15 countries whose main mandate is to harmonise their social, political and economic policies for the benefit of the citizens of Southern Africa. This chapter argues that the exercise of harmonisation is long overdue. Member states like South Africa have proven that if there is political will on the part of member states, the protection of IKS is possible through the development of relevant policies and legal instruments. This study was done through a desktop analysis of Treaty provisions, policy documents and country specific legislation. The main findings of the study indicated that the lack of protection of IKS is a major challenge that requires a regional approach. These findings led to the proposition for an urgent harmonised regional approach to the protection of IKS in SADC.


2021 ◽  
pp. 400-407
Author(s):  
Eleonora Rosati

This chapter discusses Article 22 of Directive 2019/790, a European copyright directive in the Digital Single Market, which focuses on the right of revocation. It clarifies the right of the author or performer to revoke in whole or in part the licence or the transfer of rights where there is a lack of exploitation of that work or other protected subject matter. It also looks at specific provisions for the revocation mechanism in the national law that takes into account specificities of the different sectors and the different types of works and performances. The chapter cites the task of Member States to exclude works or other subject matter from the application of the revocation mechanism if such works or other subject matter usually contain contributions of a plurality of authors or performers. It explores the options of authors or performers to terminate the exclusivity of their contract instead of revoking the licence or transfer of the rights.


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