Copyright in music: a role for the principles of reverse engineering

Legal Studies ◽  
2010 ◽  
Vol 30 (4) ◽  
pp. 653-673
Author(s):  
James Griffin

The rise of popular music in the twentieth century has raised questions about the appropriateness of the current system of copyright law. Copyright law is based around the notion of the individual ‘romantic’ author, an individual who creates with his own innate thoughts. Copyright law provides an exploitable property right to authors – a right, in rem, which may be exercised against the rest of the world. It is a right that may be sold and transferred, a right to which fiscal value may be placed. The property paradigm of copyright is one that is exclusionary. Popular music reveals that copyright works may be collaborative in nature, and this can bring into question whether an exclusionary property-based model is appropriate. Historically, copyright has not always been based around the property paradigm; some early cases highlighted the ‘merit’ of the potentially infringing work, and they focused on the manner of creation of that potentially infringing work. Some later cases have also emphasised the manner of creation of a copyright work. These are cases that concern what is termed ‘reverse engineering’– a modern term that encapsulates how an earlier work is used in a later work. Paradigmatically, to focus on reverse engineering is to mark a move away from the property paradigm of copyright. This paper argues that to institute such a methodological approach would lead to a more accurate ontology and would thus lead to more efficient legal regulation.

Author(s):  
Sten Ebbesen

‘Averroism’, ‘radical Aristotelianism’ and ‘heterodox Aristotelianism’ are nineteenth- and twentieth-century labels for a late thirteenth-century movement among Parisian philosophers whose views were not easily reconcilable with Christian doctrine. The three most important points of difference were the individual immortality of human intellectual souls, the attainability of happiness in this life and the eternity of the world. An ‘Averroist’ or ‘Radical Aristotelian’ would hold that philosophy leads to the conclusions that there is only one intellect shared by all humans, that happiness is attainable in earthly life and that the world has no temporal beginning or end. Averroists have generally been credited with a ‘theory of double truth’, according to which there is an irreconcilable clash between truths of faith and truths arrived at by means of reason. Averroism has often been assigned the role of a dangerous line of thought, against which Thomas Aquinas opposed his synthesis of faith and reason. The term ‘Averroism’ is also used more broadly to characterize Western thought from the thirteenth through sixteenth centuries which was influenced by Averroes, and/or some philosophers’ self-proclaimed allegiance to Averroes.


Author(s):  
Victor Buchli

The domestic sphere or ‘home cultures’ as the term is used here is the location of many disciplinary investigations into the home. It is in the domestic sphere that one investigates the key elements of the human condition. This article's essence happens to be households and home cultures. It is where family, gender, and the nature of the individual are understood. It is also where the basic elements of cosmology and religious life and the elemental context for the understanding of political and economic life are lived and perceived. Here public and private realms are forged; nature/culture boundaries are created and negotiated. The home is typically how we know the world and know about people who inhabit the world. It is the key point of orientation for members of a given society as it is to its visitors and outsiders. A study of the gradual change in the domestic realm in the twentieth century concludes this article.


2014 ◽  
Vol 75 ◽  
pp. 203-230 ◽  
Author(s):  
Matthew Kieran

We praise and admire creative people in virtually every domain from the worlds of art, fashion and design to the fields of engineering and scientific endeavour. Picasso was one of the most influential artists of the twentieth century, Einstein was a creative scientist and Jonathan Ive is admired the world over as a great designer. We also sometimes blame, condemn or withhold praise from those who fail creatively; hence we might say that someone's work or ideas tend to be rather derivative and uninspired. Institutions and governmental advisory bodies sometimes aspire, claim or exhort us to enable individual creativity, whether this is held to be good for the individual as such or in virtue of promoting wider socio-economic goods. It is at least a common thought that people are more self-fulfilled if they are creative and society more generally is held to be all the better for enabling individual creativity.


2021 ◽  
Author(s):  
◽  
Sharma Latoya Taylor

<p>One argument posits that copyright is necessary for incentivising creative expressions. To what extent does this hold true for individual copyright-based sectors in a developing nation’s economy? Although Jamaica’s Copyright Act 1993 complies with the major copyright treaties, little is known about whether (and how) the copyright regime allows the Jamaican music industry to foster national development.  Accordingly, the focus of this thesis is to examine the developmental impact of the copyright system on the Jamaican music industry. This thesis traces the evolution of the local music industry and its complex interaction with copyright law. This research assesses the various approaches to economic development and highlights the limitations of a collective management-based approach and weaknesses in the individual rights management model. It also analyses the compatibility between a human development approach to copyright and the theoretical justifications for copyright. It points out substantive areas of the domestic copyright legislation that could be reformed in order to improve the statute’s applicability to the music industry insofar as development is concerned.  This thesis adopts a qualitative methodological approach and uses interviews from 57 music industry participants. The findings suggest that societal context is as important as the legal rights, in giving copyright owners incentives to create. Historical, political, socio-cultural, economic and institutional factors play a key role in shaping stakeholders’ treatment of copyright. Music industry players’ experiences can help inform policymaking by fostering a better understanding of the implications of copyright protection for this vital sector of the economy.</p>


Author(s):  
Siva Vaidhyanathan

Copyright is the most pervasive cultural regulatory system in the world. In recent decades, copyright law has become stronger, covers more activities, restricts more uses, and lasts longer than ever before. Is the current system the best possible system for the current and future creative environment? And are the benefits of the copyright system justly distributed or do the wealthy and powerful continue to reap the bulk of the rewards for it at the expense of everyone else? “Copyright, commerce, and culture” considers what copyright does, and the four major limits of copyright—expiration, fair use or fair dealing, first sale, and the idea/expression dichotomy.


Author(s):  
David Clark

Cicely Saunders founded St Christopher’s Hospice in London in 1967 as a centre for teaching, research, and care. Its influence quickly spread around the world. Cicely Saunders — A Life and Legacy shows how she played a crucial role in shaping a new discourse of care at the end of life. From the nihilism of ‘there is nothing more we can do’, medicine and healthcare gradually adopted a more purposeful approach to care in the face of advanced disease and at the end of life. This came to be known as palliative care. This biography links for the first time the ideas and practice of Cicely Saunders to the spreading global interest in hospice and palliative care. It explores her deep reflection on the nature of suffering at the end of life, the possibilities of a more informed approach to the medical management of pain and other symptoms, and above all the importance of remaining focussed on the personal and spiritual concerns of the individual patient as death approaches. It is a story of a remarkable personal and professional life and of a seismic shift in twentieth-century medical history.


2021 ◽  
Author(s):  
◽  
Sharma Latoya Taylor

<p>One argument posits that copyright is necessary for incentivising creative expressions. To what extent does this hold true for individual copyright-based sectors in a developing nation’s economy? Although Jamaica’s Copyright Act 1993 complies with the major copyright treaties, little is known about whether (and how) the copyright regime allows the Jamaican music industry to foster national development.  Accordingly, the focus of this thesis is to examine the developmental impact of the copyright system on the Jamaican music industry. This thesis traces the evolution of the local music industry and its complex interaction with copyright law. This research assesses the various approaches to economic development and highlights the limitations of a collective management-based approach and weaknesses in the individual rights management model. It also analyses the compatibility between a human development approach to copyright and the theoretical justifications for copyright. It points out substantive areas of the domestic copyright legislation that could be reformed in order to improve the statute’s applicability to the music industry insofar as development is concerned.  This thesis adopts a qualitative methodological approach and uses interviews from 57 music industry participants. The findings suggest that societal context is as important as the legal rights, in giving copyright owners incentives to create. Historical, political, socio-cultural, economic and institutional factors play a key role in shaping stakeholders’ treatment of copyright. Music industry players’ experiences can help inform policymaking by fostering a better understanding of the implications of copyright protection for this vital sector of the economy.</p>


Author(s):  
Р.Я. Фидарова ◽  
И.А. Кайтова

Суть методологического подхода Коста Хетагурова к проблемам культурноисторического развития осетинского народа в том, что он рассматривал общественное бытие и общественное сознание осетин как взаимосвязанные и взаимообусловленные феномены, составляющие единое целое, целостную систему, формирующую фундаментальную основу реалистического типа мышления, преследующего цель в удивительно жизненных, созидаемых им образах, глубоко и основательно раскрыть эстетическую специфику философского, духовнонравственного, культурноисторического освоения горцами объективного мира, мира их национальной действительности. Теоретическим инструментарием при этом для Коста является метод восхождения от абстрактного, включающего в данном случае в себя такие компоненты духовной культуры, как национальный менталитет, обычаи, обряды, традиции, Агъдау как нравственный кодекс жизни горцев, к конкретному, т.е. к судьбе и характеру отдельного человека, члена горского общества носителя его родовых качеств и родимых пятен . Кроме того, в состав теоретического инструментария Коста, при формировании им реалистического типа художественного мышления, включаются и принцип объективности, позволяющий ему анализировать противоречивый характер как действительности, так и характер отдельного человека принцип развития, помогающий Коста учитывать диалектический характер горского бытия принцип преемственности, давший возможность поэту глубоко осмыслить органические связи прошлого и настоящего. Ну а системноисторический подход помогал Коста выявить наиболее существенные, постоянные, т.е. константные связи явлений в общественной жизни и общественном сознании, тогда как детерминизм давал возможность обнажать их объективную зависимость от социальноисторических и природногеографических факторов. Столь богатый теоретический инструментарий помогал Коста глубоко и основательно осмысливать метафизические проблемы жизни горского общества. И это явилось основой формирования его реалистического типа мышления, способного дать удивительно органичный, объективноконцептуальный, художественноэстетический анализ критического состояния мира . А из данного анализа логически следовал убедительный вывод, призывающий народ к беспощадной борьбе за свободу, равенство и братство людей, а именно: мир враждебен человеку, губит его физически и развращает нравственно. И, следовательно, в данных социальноисторических обстоятельствах человек обречен на гибель, если не станет на защиту своей жизни и свободы. При решении столь сложной художественноэстетической задачи Коста умело использовал осетинскую мифологию как важнейший компонент структуры реалистического типа мышления, основы которого он же и заложил в формирующейся осетинской литературе. The essence of Khetagurovs methodological approach to the problems of cultural and historical development of the Ossetian people is that he considered the social existence and social consciousness of Ossetians as interrelated and interdependent phenomena making up a single whole, an integral system that forms the fundamental basis of a realistic type of thinking, pursuing the goal in a surprisingly vital, created by them images, deeply and thoroughly reveal the aesthetic specificity of the philosophical, spiritual, moral, cultural and historical development of the highlanders of the objective world, the world of their national reality. The theoretical tools for Kosta is the method of ascent from the abstract, which in this case includes such components of spiritual culture as the national mentality, customs, rituals, traditions, Agdau as a moral code of life of the highlanders to the specific, i.e. to the fate and character of the individual, a member of the mountain society the carrier of his generic qualities and birthmarks. In addition, the theoretical tools of Kosta, when forming a realistic type of artistic thinking, include the principle of objectivity, allowing him to analyze the contradictory nature of both reality and the nature of the individual the principle of development, which helps Kosta to take into account the dialectical nature of mountain life the principle of continuity, which gave the poet a deep understanding of the organic connections of the past and the present. But the systemhistorical approach helped Kosta to identify the most significant, permanent, i.e. constant connections of phenomena in public life and public consciousness, while determinism made it possible to expose their objective dependence on sociohistorical and naturalgeographical factors. Such a wealth of theoretical tools helped Kosta to think deeply and thoroughly about the metaphysical problems of mountain society. And this was the basis for the formation of his realistic type of thinking that can give a surprisingly organic, objectively conceptual, artistic and aesthetic analysis of the critical state of the world. And from this analysis logically followed a convincing conclusion, calling people to ruthless struggle for freedom, equality and brotherhood of people, namely: the world is hostile to man, destroys it physically and corrupts morally. And, therefore, in these sociohistorical circumstances, a person is doomed to death if he does not protect his life and freedom. In solving such a complex artistic and aesthetic problem Kosta skillfully used Ossetian mythology as an important component of the structure of the realistic type of thinking, the foundations of which he laid in the emerging Ossetian literature.


Author(s):  
S. Venediktov ◽  

The paper analyzes the features of the implementation of legal transplants in the labour law of Ukraine, as well as the factors that contribute to the effective implementation of this category. Transplantation of legal rules and institutions from one country to another is quite common in the world and the history shows many examples of positive or negative transplantation of rules and institutions of labour law. Collective labour law is characterized by a pronounced complexity, which manifests itself in a variety of related interdependent elements that require mandatory accounting. In the individual labour law, such complexity is less pronounced, therefore, some of its practical elements are naturally inclined towards greater acceptance. The most comprehensive example of successful legal transplantation is labour standards of the International Labour Organization. The ILO is a specialized agency of the United Nations that deals directly with the world of work. As of today, 187 states are members of this organization. The ILO adopts conventions, recommendations and protocols on labour issues. The most striking manifestations of legal transplants in the labour law of Ukraine are characteristic, first of all, for the period of its formation and development, which falls on the 20th century. Turning to the prospects for the use of transplants in labour law of Ukraine, it should be noted that in the future this phenomenon to some extent will inevitably accompany the rule-making process. This is facilitated by Ukraine's membership in the ILO, EU integration, growing globalization, the gradual narrowing of social barriers, the rapid development of digital technologies, etc. However, in this case, it should always be remembered that legal transplantation does not forgive formalism and dilettantism, it is not expressed in the literal transfer of the rule or institution of law, but is a complex and complicated process, which is characterized by a wide range of related factors. Such factors include: political component, socio-economic context, traditions in society and social culture, legal culture. Labour law belongs to those branches of law that are naturally suitable for legal transplants. More than a century of ILO activity is a vivid confirmation of this. In turn, legal transplants should not be considered as an option that allows to minimize efforts in reforming national legislation, on the contrary, they are characterized by a rather complex procedure, which is influenced by political, socio-economic, cultural and legal factors. But a comprehensive and balanced consideration of these factors will undoubtedly lead to a positive result. This is due to the presence of a significant number of foreign examples that have long been tested in practice and have led to favorable consequences in the legal regulation of employment relationships, and their implementation in Ukraine would certainly serve as an impetus for the further development and effective functioning of domestic labour law.


Author(s):  
Roman Chornyi

The article is devoted to the definition of stylistic guidelines of cultural creation as a dominant of the humanitarian integrity of Ukrainian culture. Ukrainian Baroque is defined as the creative epicentre of cultural creativity of the twentieth century. Ukrainian culture has always faced the choice of solving the cultural situation and way of life, which appeals to the individual, who in turn is the bearer of responsibility, the bearer of humanitarian security, the opportunity to be and not to be, to carry and not to carry the world. Ukrainian history has shown all these possibilities. Worldview matrices, possibilities of typological comprehension of cultural creativity as an ecosystem, due to which the integrity of man as the unity of man and nature, man and culture, man and absolute, tradition and creativity are formed, are analyzed.


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