Copyright Law and the Public Interest in the Nineteenth Century by Isabella Alexander

While crowding has been a persistent feature of the American prison since its invention in the nineteenth century, the last decade of crisis has brought more outspoken media investigations of prison conditions, higher levels of political and managerial turmoil, and a judiciary increasingly willing to bring the conditions of confinement under the scope of Eighth Amendment review. With the added incentive of severe budget constraints, liberals and conservatives alike now question whether this is any way to do business. Although crowding cannot be defined by quantitative measures alone, many institutions have far exceeded their limits of density according to minimum standards promulgated by the corrections profession. Some fall far below any reasonable standard of human decency. The results are costly, dangerous, and offensive to the public interest. Breaking the cycle of recurrent crisis requires considered efforts to address the decentralized, discretionary nature of sentence decision making and to link sentencing policies to the resources available to the corrections function. The demand to match policy with resources is simply a call for more rational policymaking. To ask for less is to allow the future of corrections to resemble its troubled past.

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International Protection of Intellectual Property Rights: Special Refrence with Intangible Properties and Copyright Laws.

LAW REVIEW ◽

10.29320/jnpglr.38.1.16 ◽

2018 ◽

Vol 38 (1) ◽

Author(s):

Rohit P Singh ◽

Shiv Kumar Tripathi

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Intellectual Property Rights ◽

Public Interest ◽

Copyright Law ◽

Patent Law ◽

International Protection ◽

The Public ◽

Copyright Laws ◽

Rapid Pace

In view of the rapid pace of technological, scientific and medical innovations in India and abroad, the intellectual property rights i.e., copyright, patent and other neighboring rights, have been recognized in Indian and foreign jurisdiction. Moreover, its scope and content have expanded pursuant to statutory amendments over the years. Growing recognisiont, expansion and protection of IPRs needs to harmonised with the public interest. Within this backdrop, copyright law, patent law etc. have made elaborate provisions and endeavours have also been made at international level to strike a balance between protection of individual’s IPRS and social interest. The present article tries to examine the contours of protection of IPRS at national and international levels with special reference to copyright law.

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Parody and Moral Rights

The Parody Exception in Copyright Law ◽

10.1093/oso/9780198806936.003.0006 ◽

2019 ◽

pp. 167-195 ◽

Cited By ~ 1

Author(s):

Sabine Jacques

Keyword(s):

Public Interest ◽

Copyright Law ◽

Moral Rights ◽

Economic Rights ◽

The Public ◽

The Relationship ◽

Personal Interests ◽

Scope Of Protection

This chapter examines the relationship between parody and an author’s moral rights. It first traces the evolution of the concept of moral rights as a means of providing protection not only of the authors’ personal interests but also the public interest before discussing the reasons why moral rights might conflict with parodies. It considers two competing theories underlying the protection of authorial interests—the ‘monist’ theory and the ‘dualist’ theory—and their implications for the parody exception. It also explains how jurisdictions differ in the nature and scope of protection afforded to moral rights, noting that the parody exception in ‘copyright’ law does not extend to moral rights. The chapter goes on to explore the author’s paternity and integrity rights as well as their right against false attribution. It shows that, in the case of parodies, an overlap exists between the regimes applied to moral and economic rights.

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2. Copyright

Intellectual Property Law Concentrate ◽

10.1093/he/9780198803881.003.0002 ◽

2017 ◽

Author(s):

Tim Press

Keyword(s):

European Union ◽

Public Interest ◽

Copyright Law ◽

Substantial Part ◽

The European Union ◽

Dramatic Works ◽

Sound Recordings ◽

Fair Dealing ◽

The Public ◽

Musical Works

This chapter defines copyright as arising whenever a work is created under qualifying conditions. The Copyright, Designs, and Patents Act 1988 (CDPA) defines eight types of work that fall under two categories: works that must be original or ‘authorial works’, including literary works, dramatic works, musical works, and artistic works; and works that need not be original or ‘entrepreneurial works’: films, sound recordings, broadcasts, and the typographical arrangement of published editions. Copyright is infringed by copying or communicating the whole or a substantial part of a work—referred to as primary infringement—or by dealing in infringing copies of a work-referred to as secondary infringement. There are some major and many minor defences to copyright infringement including the ‘fair dealing’ defences and the public interest. Many aspects of copyright law have been harmonized by the European Union.

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Some Late Nineteenth Century Perspectives on Sex and Emotional Expression

Psychological Reports ◽

10.2466/pr0.2000.86.2.575 ◽

2000 ◽

Vol 86 (2) ◽

pp. 575-585 ◽

Cited By ~ 1

Author(s):

Ellen B. Braaten ◽

Wayne Viney

Keyword(s):

Nineteenth Century ◽

Sex Differences ◽

Emotional Expression ◽

Public Interest ◽

Scientific Research ◽

Popular Literature ◽

Popular Media ◽

Late Nineteenth Century ◽

The Public ◽

Late Nineteenth

A review of nineteenth century popular literature indicates a deep and sustained public interest in sex differences in emotional expression. The conclusions advanced by popular writers included a catalog of perceived sex differences, reinforced by an essentialist philosophy that provided justification for the separation of sexual spheres and restrictions on political, educational, and vocational opportunities for women. Current scientific research on sex differences appears in popular media and is often presented in the context of an essentialist philosophy comparable with that which was dominant in the nineteenth century. Unfortunately, the subtleties and complexities of sex differences are not always communicated to the public and there is thus a potential for misinterpretation or even misuse.

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Pre-empting conflict – a re-examination of the public interest defence in Uk copyright law

Legal Studies ◽

10.1111/lest.12006 ◽

2014 ◽

Vol 34 (1) ◽

pp. 76-102

Author(s):

Jonathan Griffiths

Keyword(s):

Public Interest ◽

Copyright Law ◽

Policy Outcomes ◽

The Public ◽

Regulatory Systems ◽

Eu Copyright Law ◽

Court Of Appeal

It is over 10 years since the Court of Appeal confirmed the legitimacy of the public interest defence in copyright law in Ashdown v Telegraph Group Ltd. However, remarkably little is still known about the defence's function and scope. Indeed, acknowledgement of its unfathomability has become something of a commonplace of copyright jurisprudence and scholarship. This situation contrasts sharply with the position in other related areas of law, such as breach of confidence and defamation, in which courts have made dramatic strides in recasting doctrine to protect ‘public interest’ disclosures. Developments in EU copyright law have also plunged the defence into a renewed crisis of legitimacy. The time is therefore ripe for a reconsideration of the role of the public interest defence in UK copyright law. In this paper, an attempt is made to understand its implicit rationale and scope. It is argued that the existing jurisprudence reflects a persistent concern about copyright's potential to subvert policy outcomes generated by alternative regulatory systems and that the defence is to be viewed as a form of pre-emption doctrine, allowing courts to avoid the explicit rules established under the CDPA in circumstances in which their application would frustrate the outcomes of other more appropriate forms of regulation.

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