Copyright, Moral Rights, and the Right to One’s Image

2016 ◽  
Author(s):  
Stephen Bate ◽  
Gervase de Wilde
Keyword(s):  
Private Information ◽  
Copyright Protection ◽  
Literary Work ◽  
Copyright Owner ◽  
Moral Rights ◽  
Domestic Sphere ◽  
Economic Interests ◽  
Private Correspondence ◽  
Original Works ◽  
The Right

UK copyright is a right created by statute and is now contained in the Copyright, Designs and Patents Act 1988 (CDPA). Copyright is mainly regarded as a means of protecting the economic interests of creators of original works. However, it has a significant role to play in protecting privacy interests. Private correspondence and diaries are obvious examples of material that may attract copyright protection in the domestic sphere. In the commercial context, examples include corporate memoranda, other documents, and recordings containing confidential information. Copyright subsists in various descriptions of ‘works’, such as ‘literary works’, ‘films’ and ‘sound recordings’ and there may be more than one copyright work in any article. For example, a recording may include a ‘literary work’ as well as a ‘sound recording’ for copyright purposes. A copyright work may contain private information or the work may be unpublished and therefore private in that sense. Copyright is apt to protect privacy interests, because it gives the copyright owner the legal right to prohibit reproductions, ie copying, as well as other means of dissemination.

scholarly journals Copyright and Copyright Protection

2016 ◽  
Vol 2 (4) ◽  
pp. 36
Author(s):  
Safet Emruli ◽  
Agim Nuhiu ◽  
Besa Kadriu
Keyword(s):  
Copyright Protection ◽  
Key Agreement ◽  
Third Parties ◽  
Moral Rights ◽  
Legal Rights ◽  
Financial Reward ◽  
Economic Rights ◽  
Bern Convention ◽  
Artistic Works ◽  
The Right

One of the legal intellectual property disciplines are copyrights which concerns artistic and literary works. Copyright is: bundle of exclusive legal rights that has to do with protection of literary and artistic works. It is granted to authors and artists to protect expressive works against unauthorized reproduction or distribution by third parties. Copyright protect “works”, expression of thoughts and ideas. Literary, dramatic, musical and artistic works must be original, it means not to be a copy. Copyright covers two other types of right: economic rights, the right of the owner to benefit financial reward from use of his work by others and moral rights which always have to do with original holder no matter if economic rights are transferred or not. Economic rights can be transferred. Bern Convention for the Protection of the Literary and Artistic Works is international key agreement and the oldest multilateral agreement in the field of copyright. Copyright subsists automatically on the creation of a work, no application needed, nor do any formalities apply. Nature of copyright is territorial and the minimum term of protection is life of the author plus 50 years after his/her death. In European Union and in certain number of countries, terms of protections of are extended to life of the author plus 70 years after his/her death.

scholarly journals Copyright and Copyright Protection

2016 ◽  
Vol 6 (1) ◽  
pp. 36
Author(s):  
Safet Emruli ◽  
Agim Nuhiu ◽  
Besa Kadriu
Keyword(s):  
Copyright Protection ◽  
Key Agreement ◽  
Third Parties ◽  
Moral Rights ◽  
Legal Rights ◽  
Financial Reward ◽  
Economic Rights ◽  
Bern Convention ◽  
Artistic Works ◽  
The Right

One of the legal intellectual property disciplines are copyrights which concerns artistic and literary works. Copyright is: bundle of exclusive legal rights that has to do with protection of literary and artistic works. It is granted to authors and artists to protect expressive works against unauthorized reproduction or distribution by third parties. Copyright protect “works”, expression of thoughts and ideas. Literary, dramatic, musical and artistic works must be original, it means not to be a copy. Copyright covers two other types of right: economic rights, the right of the owner to benefit financial reward from use of his work by others and moral rights which always have to do with original holder no matter if economic rights are transferred or not. Economic rights can be transferred. Bern Convention for the Protection of the Literary and Artistic Works is international key agreement and the oldest multilateral agreement in the field of copyright. Copyright subsists automatically on the creation of a work, no application needed, nor do any formalities apply. Nature of copyright is territorial and the minimum term of protection is life of the author plus 50 years after his/her death. In European Union and in certain number of countries, terms of protections of are extended to life of the author plus 70 years after his/her death.

scholarly journals CONVENTIONAL MINIMUM IN COPYRIGHT PROTECTION (THE BERNE CONVENTION)

2018 ◽  
Author(s):  
J. Barg
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Copyright Protection ◽  
Moral Rights ◽  
International Treaties ◽  
Berne Convention ◽  
Mathematical Concepts ◽  
The Right ◽  
Methods Of Operation

Background. Intellectual property rights are present in our everyday lives to a huge extent. Law of intellectual property is generally governed by national law, with general principles set out in international treaties. Copyrights strictly protect only the expression of ideas, not the underlying ideas, procedures, methods of operation, or mathematical concepts themselves. Berne Convention was first signed in 1886 and to this day is one of the most important international treaties concerning copyrights and moral rights.Objective. This paper aims to shortly explain the basic rights and privileges provided to the authors by the Berne Convention in its present version, i.e. Paris Act of July 24, 1971, amended on September 28, 1979.Results. Berne Convention provides a „conventional minimum”, meaning that all members must provide at least the rights granted by the Berne Convention to the authors. However, each member can grant more rights to the authors. In article 7 Berne Convention regulates the term of protection of copyrights, which is the life of the author and fifty years after her death. Moral rights, provided in Article 6bis, were added in 1928 and grant the author a right to claim authorship of the work and the right of respect. Article 10 of the Berne Convention provides “certain free uses of works”.Conclusions. The freedoms granted include possibilities of making quotations and of using the work of someone else to illustrate for teaching purposes. However, in both cases, an indication of the source of the work is required.

scholarly journals CULINARY PRODUCTS AS UNTYPICIAL COPYRIGHT OBJECTS

2020 ◽  
Author(s):  
Ольга Улітіна
Keyword(s):  
Intellectual Property Rights ◽  
Copyright Protection ◽  
Literary Work ◽  
Fine Art ◽  
Copyright Law ◽  
Ordinary People ◽  
Foreign Countries ◽  
Specific Category ◽  
Original Works ◽  
Creative Contribution

Nowadays the process of cooking is becoming more creative, it acquires certain features of art. Cooking is developing not only at the level of the restaurant business because of the special creative contribution of the chefs, but also in the kitchens of ordinary people who are trying to add diversity to their dishes. Today, food should be not only delicious, butalso aesthetically pleasing. «Instagram dishes», «Instagram plating» are especially popular, because of their attractiveness and unusual look.The article is devoted to the study of the copyright protection of culinary products.The copyright legislation of Ukraine and some foreign countries, which in one or another way can be used for protection of the intellectual property rights to culinary products are analyzed. The article also considers the question of whether culinary products can be recognized as derivative works. It is determined whether the recipe can be protected by copyright and established how the concepts of culinary product and recipe relate.Author states that a culinary product as a category consists of four components: 1) idea (recipe/technological process of production), 2) name, 3) the process of cooking itself, and 4) platting (presentation of the dish). The concept of «recipe» is absent at the legislative level in Ukraine.According to the Ukrainian and foreign scientific sources the recipe can be protected by copyright as a literary work. However, in this case only the form in which the recipe is expressed (fixing in tangible medium of expression) is protected. The idea, the essence of the recipe will not be protected under the copyright protection. Therefore, the protection offered by the copyright law in this case cannot be used to protectthe rights to a culinary product made by the recipe. The finished dish is the final product of the recipe, the result of being fixed in a tangible medium, similar to the architectural projects and buildings in which the projects are «fixed».The author claims that some culinary products can be recognized as a derivative works which relates to the original works of fine art. A specific category of Ukrainian legislation – branded food can be protected by the norms of Ukrainian copyright law.

Confucian Perfectionism

2013 ◽  
Author(s):  
Joseph Chan
Keyword(s):  
Political Philosophy ◽  
Civil Liberties ◽  
Moral Rights ◽  
Democratic Institutions ◽  
Political Equality ◽  
Philosophical Foundations ◽  
Liberal Conception ◽  
Liberal Democratic ◽  
Conception Of The Good ◽  
The Right

Since the very beginning, Confucianism has been troubled by a serious gap between its political ideals and the reality of societal circumstances. Contemporary Confucians must develop a viable method of governance that can retain the spirit of the Confucian ideal while tackling problems arising from nonideal modern situations. The best way to meet this challenge, this book argues, is to adopt liberal democratic institutions that are shaped by the Confucian conception of the good rather than the liberal conception of the right. The book examines and reconstructs both Confucian political thought and liberal democratic institutions, blending them to form a new Confucian political philosophy. The book decouples liberal democratic institutions from their popular liberal philosophical foundations in fundamental moral rights, such as popular sovereignty, political equality, and individual sovereignty. Instead, it grounds them on Confucian principles and redefines their roles and functions, thus mixing Confucianism with liberal democratic institutions in a way that strengthens both. The book then explores the implications of this new yet traditional political philosophy for fundamental issues in modern politics, including authority, democracy, human rights, civil liberties, and social justice. The book critically reconfigures the Confucian political philosophy of the classical period for the contemporary era.

Preparation

2018 ◽  
Author(s):  
E. Douglas Bomberger
Keyword(s):  
South Carolina ◽  
Copyright Protection ◽  
Symphony Orchestra ◽  
Sheet Music ◽  
Racial Harassment ◽  
Boston Symphony Orchestra ◽  
Jazz Band ◽  
Philadelphia Orchestra ◽  
The Right

The Fifteenth Regiment’s disciplined response to racial harassment during a two-week stay at Camp Wadsworth, in Spartanburg, South Carolina, earned it the right to be among the first units ordered to France. Nick LaRocca represented the Original Dixieland Jazz Band in a Chicago lawsuit to stop the unauthorized publication of the sheet music to “Livery Stable Blues” by former bandmate “Yellow” Nunez, but the judge ruled that all blues were the same and therefore not subject to copyright protection. The Victor Talking Machine Company, using the Boston Symphony Orchestra and the Philadelphia Orchestra, made the first recordings employing the full symphony orchestra. The concert seasons of orchestras across the country opened amid intense scrutiny of their repertoire choices and patriotism.

scholarly journals Gestationalism and the Rights of Adolescent Mothers

2020 ◽  
Vol 7 (2) ◽  
pp. 239-254
Author(s):  
Teresa Baron
Keyword(s):  
Children And Adolescents ◽  
Adolescent Mothers ◽  
Adolescent Parents ◽  
Moral Rights ◽  
Parental Rights ◽  
Full Complement ◽  
The Right ◽  
Newborn Children

AbstractIn this paper, I explore the ways in which consideration of adolescent parents forces us to confront and question common presuppositions about parental rights. In particular, I argue that recognising the right of adolescent mothers not to be forcibly separated from their newborn children justifies rejecting the notion that parental rights are (a) all acquired in the same manner and (b) acquired as a ‘bundle’ of concomitant moral rights. I conclude that children and adolescents who conceive and give birth have some parental rights concerning their newborn children – in particular, the right not to be forcibly separated from those children – even if they do not have the ‘full complement’ of parental rights as we generally characterise these.

scholarly journals Company Changing Status and Its Linking to Competitiveness

2015 ◽  
Vol 53 (1) ◽  
pp. 1-17
Author(s):  
Dragana Radenković-Jocić ◽  
Ivan Barun
Keyword(s):  
Mergers And Acquisitions ◽  
Legal Framework ◽  
Decision Makers ◽  
Economic Activities ◽  
Economic Interests ◽  
Eu Legislation ◽  
The Republic ◽  
The Right ◽  
A Company ◽  
The Eu

Abstract The authors present the issues and challenges related to the changes in status of a company and its impact on competitiveness. Status changes of companies, mostly mergers and acquisitions of companies, are one of the ways in which capital owners and management direct economic activities with the aim of maximizing profits. In order to make the right and justified decision, in terms of achieving the economic interests of the company, it is essential to know the laws and regulations in this area. This paper should provide answers on various questions which will be presented to decision makers in every company, considering status changes. Bearing in mind that the question of status changes often associated with an international element, the authors will pay special attention on the EU legislation and current legal framework in the Republic of Serbia.

scholarly journals Primary law in medicine, its legal nature

2018 ◽  
Vol 40 ◽  
pp. 01002
Author(s):  
K. Zarins
Keyword(s):  
Supreme Court Decision ◽  
Court Decision ◽  
Constitutional Court ◽  
Right To Life ◽  
Economic Interests ◽  
Economic Opportunities ◽  
Legal Nature ◽  
The Supreme Court ◽  
The Right

Thework will discuss the problems arising from the thesis that the economic opportunities are incompatible with the person's primary law - the right to life and equality of treatment. An actively maintained hypothesis claims that the country's economic opportunities and funding should not restrict or reduce a person's right to life and health. In this aspect, it will also study the role of the constitutional court. The author points to the fact that the adoption of such, here the Supreme Court decision, successive constitutional court for a preliminary inaccurate claim and interpretation of the country's economic interests, could deny the right of people to life only after the consideration that they are of no use and financially expensive to be maintained.

scholarly journals CERITA ANAK SEBAGAI MEDIA PEMBENTUK KARAKTER ANAK

2018 ◽  
Vol 1 (2) ◽  
pp. 53-64
Author(s):  
Ferdian Achsani
Keyword(s):  
Elementary School ◽  
Character Education ◽  
Literary Work ◽  
School Level ◽  
Human Beings ◽  
Descriptive Research ◽  
Qualitative Descriptive ◽  
Children's Stories ◽  
The Right ◽  
Literary Materials

Literature and character education are two things that can not be separated. Literature as a reflection of the life of the community generally teaches the reader to be able to understand the wisdom of the displayed story. Literature can be used as a medium of learning, especially in the process of internalization of the value of character education to learners. The value of character education in the literary work is expected to be followed by the students. Currently, Indonesia is experiencing moral degradation. The need for moral cultivation to the learners aims to create human beings who are virtuous in the future. Each subject has the right to internalize character education to learners. So in the Indonesian language, the process of characterization of character education can be done when learning on literary materials. This study aims to describe the value of character education in Solopos children's stories. this research is included in qualitative descriptive research. The results of this study concluded that in the story Solopos child, there is a value of character education that can be taught to learners, especially at the elementary school level. The results showed that this child's story can be used as a reference for teachers, as a medium to internalize character education at the elementary school level. Sastra dan pendidikan karakter merupakan dua hal yang tidak dapat dipisahkan. Sastra sebagai cerminan kehidupan masyarakat, umumnya mengajarkan kepada pembaca untuk dapat memahami hikmah dari cerita yang ditampilkan. Sastra dapat digunakan sebagai media pembelajaran, terutama dalam proses penginternalisasian nilai pendidikan karakter kepada peserta didik. Nilai pendidikan karakter dalam karya sastra tersebut diharapkan dapat diteladani oleh peserta didik. Saat ini Indonesia sedang mengalami degradasi moral. Perlunya penanaman moral kepada peserta didik bertujuan untuk menciptakan manusia yang berbudi pekerti di masa depan. Setiap mata pelajaran memiliki hak untuk menginternalisasikan pendidikan karakter kepada peserta didik. Maka dalam bahasa Indonesia, proses penginternalisasian pendidikan karakter dapat dilakukan ketika pembelajaran pada materi kesastraan. Penelitian ini bertujuan untuk mendiskripsikan nilai pendidikan karakter dalam cerita anak Solopos. penelitian ini termasuk dalam penelitian diskrptif kualitatif. Hasil penelitian ini menyimpulkan bahwa dalam cerita anak Solopos, terdapat nilai pendidikan karakter yang dapat diajarkan kepada peserta didik terutama pada jenjang sekolah dasar. Hasil penelitian menunjukan bahwa cerita anak ini dapat digunakan sebagai rujukkan bagi guru, sebagai media untuk menginternalisasikan pendidikan karakter pada jenjang sekolah dasar.

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