Custom Arrangements

2021 ◽  
Author(s):  
Jann-Michael Greenburg
Keyword(s):  
File Sharing ◽  
Legal Framework ◽  
Third Party ◽  
Sheet Music ◽  
Derivative Work ◽  
Work Distribution ◽  
Musical Arrangements ◽  
Musical Works ◽  
The World ◽  
American Law

Custom arrangements are: (a) derivative works, generally musical arrangements, based upon preexisting copyrighted musical works, (b) reproduced in the form of sheet music copies, and (c) distributed to specific third-party performance ensembles. Arrangers who create custom arrangements are able to utilize software and Internet services to create such arrangements physically and digitally and distribute them physically and via file sharing. This chapter explores the legal framework and justification for custom arrangement licensing under American law, with a focus on the reproduction, derivative work, distribution, and display rights afforded to copyright owners. Differences between physical and digital sheet music are noted where relevant. The chapter also addresses both practical and normative arguments encountered in the world of custom arrangement licensing and concludes with brief commentary on the custom arrangement licensing process.

Barriers to the Use of Neurologic Criteria to Declare Death in Africa

2021 ◽  
pp. 104990912110069
Author(s):  
Ariane Lewis ◽  
Andrew Kumpfbeck ◽  
Jordan Liebman ◽  
Sam D. Shemie ◽  
Gene Sung ◽  
...  
Keyword(s):  
Brain Death ◽  
Legal Framework ◽  
Developing Regions ◽  
Healthcare Facilities ◽  
Life And Death ◽  
The World ◽  
Religious Perspectives ◽  
World Brain ◽  
The Creation ◽  
Death By Neurologic Criteria

There are varying medical, legal, social, religious and philosophical perspectives about the distinction between life and death. Death can be declared using cardiopulmonary or neurologic criteria throughout much of the world. After solicitation of brain death/death by neurologic criteria (BD/DNC) protocols from contacts around the world, we found that the percentage of countries with BD/DNC protocols is much lower in Africa than other developing regions. We performed an informal review of the literature to identify barriers to declaration of BD/DNC in Africa. We found that there are numerous medical, legal, social and religious barriers to the creation of BD/DNC protocols in Africa including 1) limited number of healthcare facilities, critical care resources and clinicians with relevant expertise; 2) absence of a political and legal framework codifying death; and 3) cultural and religious perspectives that present ideological conflict with the idea of BD/DNC, in particular, and between traditional and Western medicine, in general. Because there are a number of unique barriers to the creation of BD/DNC protocols in Africa, it remains to be seen how the World Brain Death Project, which is intended to create minimum standards for BD/DNC around the world, will impact BD/DNC determination in Africa.

The benefits and disadvantages of the law on the expansion of the jurisdiction of the DIFC Court

2018 ◽  
Vol 60 (2) ◽  
pp. 221-232
Author(s):  
Tareq Na’el Al-Tawil ◽  
Prabhakar Gantasala ◽  
Hassan Younies
Keyword(s):  
English Language ◽  
Geographical Area ◽  
Legal Framework ◽  
Negative Consequences ◽  
Content Type ◽  
Limited Volume ◽  
Financial Centre ◽  
The World ◽  
Long Time ◽  
The Law

Purpose This paper aims to discuss the benefits and disadvantages of the law on the expansion of the jurisdiction of the Dubai International Financial Centre (DIFC) Court. The major role of DIFC Courts in the Arab community is to handle cases related to commerce and business. For a long time, the court had been acting only in their geographical area until a new law was enacted to extend their jurisdiction all over the world. Afterward, a lot of criticism emerged as for why and how the court will benefit from such actions. The law has drawn a harsh response, although most benefits have also been experienced since the court received quite a large number of new signings. Interaction at the world business forum has benefited the economy of Dubai thanks to the law. Design/methodology/approach The following study focuses on a description of such benefits and drawbacks. The study does not evaluate a factual process of expansion but indicates the most distinct evidence of positive, as well as negative consequences of the expansion. Findings It is appropriate to make a general comment on the fact that the expansion of DIFC Court is not sufficiently effective at the current stage. Needless to say, it contains numerous positive aspects, but the gaps are evidently essential because they place the entire Court in a hard circumstance. The Court does not have a well-developed legal framework for its new area of jurisdiction as long as its limited volume of prior precedent is a distinct sign of the Court’s dependence on the UAE’s Law. In such way, DIFC Court will not be able to address issues within new fields of jurisdiction, as it simply lacks an expertise and international law in its legal framework. Moreover, the jurisdiction over new areas of international business was not verified with a plain system of mediation, which is why a current expansion of DIFC Court has to be recognized as redundant. However, its advantages are tending to produce their effects provided that the Court manages to address its current problems. Originality/value The study has described the basic benefits and drawbacks of DIFC Court expansion. To speak about the main benefits, they can be depicted as appliance of the common law, unification of English language for proceedings, presence of a preliminary arbitration and guarantees of award enforcement. In a similar way, the drawbacks of the expansion have been issued. The study has identified such drawbacks as lack of international and sophisticated expertise, untested legal framework, strong influence of forum non conveniens, and existence of a limited volume of prior precedent. The paper has not assessed a success of a factual expansion of DIFC Court jurisdiction, but it has managed to fulfill its primary purpose. Thus, the paper has identified a certain tendency concerning the expansion.

Evaluation of Blockchain in Capital Market Use-Cases

2018 ◽  
Vol 10 (1) ◽  
pp. 54-76
Author(s):  
Sinsu Anna Mathew ◽  
Abdul Quadir Md
Keyword(s):  
Capital Markets ◽  
Capital Market ◽  
Use Cases ◽  
Third Party ◽  
Global Capital ◽  
Distributed Ledger ◽  
The World ◽  
High Integrity ◽  
Middle Man ◽  
Financial Transactions

This article describes the “Blockchain” which is an upcoming technology in the current leading world and which serves as a capital market use-cases for many of the global Fintech industries across the world, is a distributed ledger of economic transactions which not only used for recording financial transactions but mostly everything of value in this world. In the current world, mostly all the transactions are done through online which mainly includes the bank as a “middle man,” which could be untrustworthy at times. Blockchain comes into the picture which eliminates the need of a middle man or third party between the users who are involved in the transactions. Represents a financial ledger entry of data structure which consists of record of transactions which is digitally signed and cannot be tampered as authenticity is ensured in which the ledger is considered to be of high integrity. One of the leading and highly valued platform of blockchain is “Hyperledger Fabric” which is meant for securing transactions and serves a powerful container technology for smart contract development in the global capital firms. The potential of Blockchain and DLT in capital markets in this upcoming world could remove many of the inefficiencies and costs inherent in the global capital markets across the world and could be considered as a viable technology which enable to settlement.

The law applicable to third-party effects of assignment and the conflict rules for insolvency according to EU law

2019 ◽  
Vol 24 (4) ◽  
pp. 664-684
Author(s):  
Christian Heinze ◽  
Cara Warmuth
Keyword(s):  
Case Law ◽  
Legal Framework ◽  
Third Party ◽  
Legislative Process ◽  
Insolvency Law ◽  
Ongoing Debate ◽  
Good Opportunity ◽  
Insolvency Regulation ◽  
The Law ◽  
The Eu

Abstract In March 2018, the European Commission issued its proposal for a regulation on the law applicable to third-party effects of assignments of claims, aiming to put an end to the ongoing debate on this issue and the legal uncertainty associated with it. On the basis of the Commission’s decision in favour of the application of the law of the assignor’s habitual residence, this article discusses the consequences of the Proposal under European Union (EU) insolvency law. For that purpose, the coherence of the Proposal with the Insolvency Regulation will be examined, first in general and then in more detail. The analysis comes to the result that the Commission’s objective of aligning the Proposal with the legal framework of the Insolvency Regulation has predominantly been well achieved. The authors point out remaining minor inaccuracies that may be clarified in the further legislative process or by later case law. It is concluded that, from the perspective of international insolvency law, the proposed uniform conflict-of-laws rule at the EU level offers a good opportunity to promote legal certainty with regard to cross-border assignments of claims in the future.

scholarly journals Legal Framework for the Training of Health Care Specialists in the Health Care System of Lithuania to Work with the Disabled

2020 ◽  
Vol 10 (2) ◽  
pp. 150-161
Author(s):  
Milda Ratkevičienė
Keyword(s):  
Health Care ◽  
Health Care Services ◽  
People With Disabilities ◽  
Legal Framework ◽  
Equal Rights ◽  
Future Health ◽  
Global Trends ◽  
Care Services ◽  
The World ◽  
The Disabled

AbstractIntroduction:Health care is one of the most important fields not only in individual countries, but globally as well, yet it remains one of the most sensitive topics, too. Global organisations have calculated that one out of seven residents around the world has some sort of disability. It is very likely that due to various processes, the number of people with disabilities will increase. Therefore, the world in general and each country in particular, Lithuania included, faces a great challenge: to ensure suitable and high-quality accessibility to health care services for the disabled. Each country must have clear political guidelines and strategies how to ensure training of health care specialists qualified and able to carry out their tasks when working with the disabled. Therefore, this article analyses global trends of training specialists to work with the disabled and legal basis of such specialist training in Lithuania.Methods:This article features analysis of scientific literary sources and legal documents.Results:International and national Lithuanian documents have clearly established that people with disabilities have equal rights to health care services like the rest of the population without any reservations, so this norm must be established adhering to the principles of accessibility, suitability and universality, and which basically should be ensured by health care specialists. However, document analysis has revealed that documents governing the training of health care specialists in Lithuania and processes related to it pay little attention to the training of future health care specialists to work with the disabled, while descriptions of some specific areas of studies, e.g. dentistry, pharmacy, etc. designed to train health care specialists do no address the work with the disabled at all.Discussion and conclusions:Analysis has revealed that institutions of higher education in Lithuania that train health care specialists are not legally entitled to, other requirements aside, to focus the study process on the work with the disabled. Therefore, it begs the question whether such specialists are actually ready to implement the requirements guiding the provision of health care services and ensure top-quality and proper provision of services to all members of the society, irrespective of their special needs, disabilities, etc. Therefore, this article can serve as a basis for further research related to the training of health care specialists to work with the disabled in order to identify what practice is applied in this area in other countries, as well as to ensure it internationally, what are the options and means required to implement it and how to improve the training of health care specialists as much as possible to work with the disabled ensuring the quality of health care in particular and their life in general.

scholarly journals Suppression of discrimination against people with disabilities in the field of labor and employment: Situation and prospects

Temida ◽  
2013 ◽  
Vol 16 (1) ◽  
pp. 133-150
Author(s):  
Natasa Tanjevic ◽  
Filip Miric
Keyword(s):  
Social Factors ◽  
Social Life ◽  
Legal Framework ◽  
Economic Policies ◽  
Complex Phenomenon ◽  
The European Union ◽  
Effective Protection ◽  
Persons With Disabilities ◽  
The World ◽  
Domestic Law

Discrimination based on disability is a complex phenomenon that is present in all spheres of social life, especially in the world of work. The reasons that led to this are numerous: living conditions, social and economic policies of different times, but also many social factors such as ignorance, carelessness, neglect, fear and prejudice. Therefore, various documents on the international and national levels are adopted which contain provisions prohibiting discrimination against persons with disabilities and that provide a legal framework for their employment. Accordingly, the Serbian national legislation is now significantly closer to the standards of the international community and the European Union in this field, which opened the way for more effective protection of persons with disabilities. However, one of the main problems is the application of the law in practice. The authors tried to, through the presentation of relevant documents of international and domestic law, point out their individual shortcomings while proposing certain amendments to the existing legal solutions for the purpose of finding effective ways to combat discrimination against persons with disabilities in the labor and employment area, which is the main aim of this paper.

scholarly journals STRUGGLING TO BREATHE: THE THORNY ROAD THAT SRI LANKAN COMMUNITY RADIO TRAVELLED THROUGH

2020 ◽  
Vol 12 ◽  
pp. 291-297
Author(s):  
Ankuran Dutta ◽  
K.G.L.A.N.S. Jayawardhana
Keyword(s):  
Sri Lanka ◽  
Mass Medium ◽  
Legal Framework ◽  
Sri Lankan ◽  
State Control ◽  
Community Radio ◽  
Mainstream Media ◽  
Radio Broadcasting ◽  
The World ◽  
Permanent Staff

Radio is considered as the most widespread electronic mass medium in the world and a unique means of reaching the world‟s poorest communities. However, as far as community radio (CR) is concerned, it addresses issues relevant to the public interest of a particular geographic group or community. It is the foremost medium that gives the marginalised a voice, when their voices are suppressed by the haves and the mainstream mass media which is also under the control of haves. The community radio in Sri Lanka has a four decade old history; yet, the country stands the risk of having this pioneering experience with CR locked away as a memory, as, of now, there is no community radio in true sense available in Sri Lanka. This paper has attempted to find out the reasons behind the failure of community radio broadcasting in Sri Lanka. Using semi-structured indepth interviews, eight leading community radio activists, advocates and researchers in Sri Lanka were interviewed. The causes identified for the failure of CR in Sri Lanka are state control over CR stations, an inexistent legal framework for community radio, inadequate funding, and human resources, misconceptions of responsible government authorities‟, the lack of knowledge about the true sense and relevance of community radio, the appointment of permanent staff from Sri Lanka Broadcasting Corporation than giving more priority to the volunteers from the same community, competition with mainstream media, and less dedication to community radio.

Sign in / Sign up

Export Citation Format

Share Document