Article 26—Application in Time

2021 ◽  
pp. 412-412
Author(s):  
Eleonora Rosati
Keyword(s):  
Subject Matter ◽  
Visual Art ◽  
Public Domain ◽  
Single Market ◽  
The Public ◽  
Time Of Application ◽  
Negotiation Mechanism ◽  
Copyright Directive

This chapter highlights the time of application of Directive 2019/790, a copyright directive in the Digital Single Market in Europe, which is included in Chapter 26. It emphasizes that Directive 2019/790 will apply in respect of all works and other subject matter that are protected by national law in the field of copyright. The directive will be implemented on or after 7 June 2021. The chapter points out that Directive 2019/790 will apply without prejudice to any acts concluded and rights acquired before 7 June 2021. It also cites the legislation on the negotiation mechanism, works of visual art in the public domain, and information about collective licensing with an extended effect.

Article 8—Use of Out-of-commerce Works and Other Subject Matter by Cultural Heritage Institutions

2021 ◽  
pp. 158-202
Author(s):  
Eleonora Rosati
Keyword(s):  
Cultural Heritage ◽  
Subject Matter ◽  
Single Market ◽  
Equal Treatment ◽  
Communication To The Public ◽  
The Public ◽  
Collective Management ◽  
Management Organization ◽  
Copyright Directive

This chapter talks about Article 8 of Directive 2019/790, the European copyright directive in the Digital Single Market, which outlines provisions on the use of out-of-commerce works and other subject matter by cultural heritage institutions. It mentions the collective management organization that may conclude a non-exclusive licence for non-commercial purposes with a cultural heritage institution for the reproduction, distribution, and communication to the public or making available to the public of out-of-commerce works or other subject matter that are permanently in the collection of the institution. It also mentions the guarantee that all rightholders have equal treatment in relation to the terms of the licence. The chapter points out the liberty of rightholders to exclude their works or other subject matter from the licensing. It describes a work or other subject matter that is deemed to be out-of-commerce when it can be presumed that is not available to the public through customary channels of commerce.

Article 14—Works of Visual Art in the Public Domain

2021 ◽  
pp. 239-249
Author(s):  
Eleonora Rosati
Keyword(s):  
Cultural Heritage ◽  
Subject Matter ◽  
Visual Art ◽  
Public Domain ◽  
The Public ◽  
Technological Developments ◽  
High Level ◽  
The Way

This chapter highlights the works of visual art in the public domain stipulated in Article 14 of Directive 2019/790, copyright order in Europe. It discusses the term of protection of a work of visual art, which is not subject to copyright or related rights when deemed expired. It also reviews rapid technological developments that continue to transform the way works and other subject matter are created, produced, distributed, and exploited. The chapter cites the Commission Communication of 9 December 2015 entitled, which states that it is necessary to adapt and supplement the existing Union copyright framework, while keeping a high level of protection of copyright and related rights. It explains that cultural heritage institutions cover publicly accessible libraries and museums regardless of the type of works or other subject matter that they hold in their permanent collections.

Article 30—Review

2021 ◽  
pp. 416-416
Author(s):  
Eleonora Rosati
Keyword(s):  
Service Providers ◽  
European Parliament ◽  
Single Market ◽  
Online Content ◽  
European Economic ◽  
The Public ◽  
Content Sharing ◽  
The Impact ◽  
Copyright Directive ◽  
Annual Turnover

This chapter talks about Chapter 30 of Directive 2019/790, a copyright directive of the Digital Single Market in Europe. It mentions the plan of the Commission to carry out a review of this Directive and present a report on the main findings to the European Parliament, the Council, and the European Economic and Social Committee on 7 June 2026. It also mentions the assessment of Commission on 7 June 2024 of the impact of the specific liability regime set out in Article 17 of Directive 2019/790 regarding online content-sharing service providers that have an annual turnover of less than EUR 10 million. The chapter cites services that have been available to the public in the Union for less than three years under Paragraph 6 of Article 17. It reminds Member States to provide the Commission with the necessary information for the preparation of the report that will be presented on 7 June 2026.

Article 17—Use of Protected Content by Online Content-sharing Service Providers

2021 ◽  
pp. 301-359
Author(s):  
Eleonora Rosati
Keyword(s):  
Subject Matter ◽  
Service Provider ◽  
Service Providers ◽  
Single Market ◽  
Public Access ◽  
Communication To The Public ◽  
Online Content ◽  
The Public ◽  
Content Sharing

This chapter describes Article 17 of Directive 2019/790, a copyright order in the Digital Single Market, which talks about the use of protected content by online content-sharing service providers. It talks about an online content-sharing service provider that can perform an act of communication to the public or an act of making available to the public when it gives the public access to copyright-protected works or other protected subject matter uploaded by its users. It also outlines how an online content-sharing service provider can obtain an authorisation from the rightholders by concluding a licensing agreement. The chapter analyzes the performance of an online content-sharing service provider of an act of communication to the public or an act of making available to the public under the conditions laid down in Directive 2019/790. It highlights how online content-sharing service providers will be liable for unauthorised acts of communication to the public if no authorisation is granted.

Article 22—Right of Revocation

2021 ◽  
pp. 400-407
Author(s):  
Eleonora Rosati
Keyword(s):  
Subject Matter ◽  
Single Market ◽  
Member States ◽  
Different Types ◽  
The Right ◽  
Copyright Directive

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.

Intellectual Property and Biotechnology

2005 ◽  
Vol 2 (6) ◽  
Author(s):  
Victoria Jimenez ◽  
Dennis Fernandez
Keyword(s):  
Intellectual Property ◽  
Subject Matter ◽  
Management Strategy ◽  
Public Domain ◽  
International Treaties ◽  
Trade Secrets ◽  
State Laws ◽  
The Public ◽  
Legal Entitlement ◽  
Sound Management

AbstractWhy protect Intellectual Property?Intellectual property (IP) refers to a legal entitlement, which sometimes attaches to the expressed form of an idea or of other intangible subject matter. The most well known forms of IP include copyrights, patents, trademarks, and trade secrets. IP rights are protected under various federal and state laws, as well as international treaties. Without this protection, IP would fall into the public domain and be used by any party without a license. Therefore, a sound management strategy should systematically build a portfolio consisting of different IP rights, with the aim of protecting the various aspects of the company’s technology and commercial interests.

Production, Characterization and Application of Silicon-on-Sapphire Wafers

2010 ◽  
Vol 443 ◽  
pp. 567-572 ◽  
Author(s):  
Alokesh Pramanik ◽  
Mei Liu ◽  
Liang Chi Zhang
Keyword(s):  
Thin Film ◽  
Residual Stresses ◽  
Metal Oxide ◽  
Subject Matter ◽  
Public Domain ◽  
Metal Oxide Semiconductor ◽  
Oxide Semiconductor ◽  
Current Leakage ◽  
The Public ◽  
The Subject

Silicon-on-sapphire (SOS) thin film systems have had specific electronic applications because they can reduce noise and current leakage in metal oxide semiconductor transistors. However, there are some issues in producing defect-free SOS wafers. Dislocations, misfit, micro twins and residual stresses can emerge during the SOS processing and they will reduce the performance of an SOS product. For some reasons, research publications on SOS in the literature are not extensive, and as a result, the information available in the public domain is fragmentary. This paper aims to review the subject matter in an as complete as possible manner based on the published information about the production, characterization and application of SOS wafers.

Article 3—Text and Data Mining for the Purposes of Scientific Research

2021 ◽  
pp. 25-59
Author(s):  
Eleonora Rosati
Keyword(s):  
Data Mining ◽  
Best Practices ◽  
Cultural Heritage ◽  
Subject Matter ◽  
Scientific Research ◽  
Single Market ◽  
Member States ◽  
Research Organisations ◽  
Text And Data Mining ◽  
Copyright Directive

This chapter focuses on the laws about text and data mining for scientific researchstipulated under Article 3 of the Directive 2019/790 or copyright directive of the Digital Single Market in Europe. It examines the legislation that require Member States to provide an exception for reproductions and extractions made by research organisations and cultural heritage institutions on text and data mining of works or other subject matter for the purposes of scientific research. It also stresses that copies of works or other subject matter on text and data mining will be stored with an appropriate level of security and retained for the purposes of scientific research. The chapter talks about rightholders, which are allowed to apply measures to ensure the security and integrity of the networks and databases. It mentions Member States that encourage rightholders, research organisations, and cultural heritage institutions to define commonly agreed best practices concerning the application of the obligation and measures on text and data mining.

scholarly journals The Notion of Secrecy

2021 ◽  
Author(s):  
Teresa Trallero Ocaña
Keyword(s):  
Digital Age ◽  
Legal Framework ◽  
Public Domain ◽  
Single Market ◽  
Trade Secrets ◽  
The Public ◽  
Strategic Role ◽  
Eu Commission ◽  
The Eu

In the digital age, information has become an increasingly valuable, but at the same time vulnerable commodity. The strategic role that trade secrets play in the economy of the Single Market and the scattered legal framework across EU jurisdictions prompted the EU Commission to harmonise this field of law and to adopt the Trade Secrets Directive. This thesis analyses the conditions under which information loses its secret nature, enters the public domain and is then free for competitors to use, taking into account the legal framework created by the Trade Secrets Directive.

Rewritten or Reused? Originality, Intertextuality, and Reuse in the Writings of a Buddhist Visionary in Contemporary Tibet

2017 ◽  
Vol 33 (1-2) ◽  
pp. 203-231
Author(s):  
Antonio Terrone
Keyword(s):  
Public Domain ◽  
The Public ◽  
The Way

The study of Buddhist texts can inform us of the way scriptures were composed, as well as illuminate the reasons behind their production. This study examines the phenomenon of borrowing and reusing portions of texts without attributing them to their ‘legitimate authors’ within the Buddhist world of contemporary Tibet. It shows that not only is such a practice not at all infrequent and is often socially accepted, but that it is used in this case as a platform to advance specific claims and promote an explicit agenda. Therefore, rather than considering these as instances of plagiarism, this essay looks at the practice of copying and borrowing as an exercise in intertextuality, intended as the faithful retransmission of ancient truths, and as an indication of the public domain of texts in Tibet.

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