scholarly journals Znaczenie metafor pojęciowych na przykładzie prawa autorskiego

2018 ◽  
Vol 5 (1) ◽  
pp. 111-128
Author(s):  
Monika Zalewska
Keyword(s):  
Intellectual Property ◽  
Social Norms ◽  
Legal System ◽  
Copyright Law ◽  
Social Expectations ◽  
Conceptual Metaphors ◽  
Digital World ◽  
Artistic Work ◽  
Copyright Piracy

The problematic gap between legal and social norms exists in copyright law. The consequences of this gap are severe and include: not following copyright rules, and a big conflict between artists and recipients of a culture. In this context, copyright piracy is prevalent in Poland and legal tools aimed to protect interests of artists have failed. Copyright law might have been in sync with analogue era, but not to digital world. Identification of roots of the discrepancy between social expectations and legally binding rules might be the first step toward rectifying of situation. This article demonstrates the conceptual metaphors as a possible reason for malfunctioning the copyright law. Some metaphors treat intangible objects as tangible ones (intellectual or artistic work) and might pose difficulties mentioned above. Additionally, Larsson defined a group of metaphors in legal system. Bound with them are metaphors outside of law. For example, if law treats intellectual property as tangible property, than metaphors outside the copyright legal system, such as piracy apply. Polish copyright law in the context of Lakoff – Johnson theory of metaphors is a framework of the study.

Norms-Based Intellectual Property Systems

2017 ◽  
Author(s):  
Emmanuelle Fauchart ◽  
Eric Von Hippel
Keyword(s):  
Intellectual Property ◽  
Social Norms ◽  
Copyright Law ◽  
Economic Returns

The creations of many chefs are undoubtedly innovative. But not all valuable creativity finds a home in the IP system. Copyright law has been reluctant to embrace culinary creations, considering them unprotectable methods or processes, or perhaps useful articles—items with intrinsic utilitarian functions. Emmanuelle Fauchart and Eric von Hippel’s research documents the system of social norms among a sample of accomplished French chefs. Recognizing the value of the recipes they develop and their limited legal recourse against copying, these chefs have developed and enforced a set of strong implicit social norms that enhance their private economic returns from their recipe-related creations and maintain strong incentives for innovation in the kitchen despite the unavailability of legal exclusivity.

scholarly journals Pornografía no consentida: alternativas en el ordenamiento jurídico de la propiedad intelectual de Estados Unidos

2020 ◽  
Vol 13 (00) ◽  
pp. 141-169
Author(s):  
Fredrick Vega Lozada
Keyword(s):  
United States ◽  
Intellectual Property ◽  
Legal System ◽  
North American ◽  
United States Of America ◽  
The United States ◽  
Copyright Law ◽  
Property Law ◽  
Electronic Communications ◽  
Privacy Act

Non-consensual pornography is an act of violence that undermines the dignity, reputation and honor of people. This research presents some of the existing legal alternatives to face these acts of violence with intellectual property law, specifically with copyright. This research is based on the legal system of the United States of America, the United States Copyright Law of 1976, the Electronic Non-Theft Act of 1997, The Communication Decency Law of 1996, The Electronic Communications Privacy Act of 1986, the Digital Millennium Copyright Act of 1998 and the exceptions and clarifications presented by the jurisprudence. The investigation concludes that there are alternatives available to victims of these acts of non-consensual pornography. However, to make North American copyright remedies accessible to victims, it is recommended to amend some of the current Acts analyzed.

CRIMINALISING COPYRIGHT: A STORY OF PUBLISHERS, PIRATES AND PIECES OF EIGHT

2007 ◽  
Vol 66 (3) ◽  
pp. 625-656 ◽  
Author(s):  
Isabella Alexander
Keyword(s):  
Intellectual Property ◽  
Digital Technology ◽  
Film Industry ◽  
Copyright Law ◽  
The Internet ◽  
Property Law ◽  
Intellectual Property Law ◽  
Digital World ◽  
Fit For Purpose ◽  
One Year

On 6 December 2006, the Gowers Review of Intellectual Property unveiled its much-anticipated report investigating whether intellectual property law was still “fit for purpose in an era of globalisation, digitisation and increasing economic specialisation”. The Review, which had one year in which to cover the entire field of intellectual property law, concluded that there was no need for radical overhaul of the system. However, it did make a number of recommendations for reform and one area it considered to be particularly important was strengthening enforcement of IP rights. In recent years, concerns about the inadequate enforcement of intellectual property laws have focused mainly on copyright law and the entertainment industries. More specifically, they have centred on the opportunities for copyright infringement offered by digital technology and the internet. The music industry was the first to find itself out of its depth in the brave new digital world, and the film industry quickly followed. “Piracy”, we are told, is now rife and must be fought at every opportunity.

Fixing Improvisation

2014 ◽  
Author(s):  
Anthea Kraut
Keyword(s):  
Twentieth Century ◽  
African American ◽  
Intellectual Property ◽  
Case Studies ◽  
Copyright Law ◽  
Property Law ◽  
Intellectual Property Law ◽  
Tap Dance ◽  
American Vernacular ◽  
The Relationship

This chapter juxtaposes brief case studies of African American vernacular dancers from the first half of the twentieth century in order to reexamine the relationship between the ideology of intellectual property law and the traditions of jazz and tap dance, which rely heavily on improvisation. The examples of the blackface performer Johnny Hudgins, who claimed a copyright in his pantomime routine in the 1920s, and of Fred and Sledge, the class-act dance duo featured in the hit 1948 musical Kiss Me, Kate, whose choreography was copyrighted by the white modern dancer Hanya Holm, prompt a rethinking of the assumed opposition between the originality and fixity requirements of copyright law and the improvisatory ethos of jazz and tap dance. Ultimately, the chapter argues that whether claiming or disavowing uniqueness, embracing or resisting documentation, African American vernacular dancers were both advantaged and hampered by copyright law.

History of the formation and development of the institute of intellectual property in Japan

2021 ◽  
Vol 2021 (04-2) ◽  
pp. 207-213
Author(s):  
Viktor Shestak ◽  
Angelina Anikanova
Keyword(s):  
Intellectual Property ◽  
Legal System ◽  
State Policy ◽  
Property Law ◽  
Patent Office ◽  
High Court ◽  
Advanced Technologies ◽  
Economic Culture ◽  
Priority Direction ◽  
History Of

The development of the legal system of any country is impossible without the protection of intellectual property. Japan, as a country with an economic culture of exporting technologies and equipment, pays special attention to this issue. First of all, this is due to the priority direction of the state policy of Japan, a country of advanced technologies and innovations. The whole system of creation and protection of the intellectual property in Japan is regulated by the Copyright Act (Act No. 48 of 1970), Intellectual Property (Law No.122 of 2002), disputes shall be resolved in the Intellectual Property High Court, and the registration procedure takes place in the Japan Patent Office.

scholarly journals “If You’re a Parasite, Then You’re Not Normal”

2018 ◽  
Vol 8 (2) ◽  
pp. 41 ◽  
Author(s):  
Marie Pier Rivest ◽  
Mélissa Roy ◽  
Nicolas Moreau ◽  
Aude Martel ◽  
Lilian Negura ◽  
...  
Keyword(s):  
Mental Health ◽  
Social Norms ◽  
Positive Attitude ◽  
Mental Health Problems ◽  
Self Management ◽  
Social Expectations ◽  
Depressive State ◽  
Structured Interviews ◽  
Clinical Indicators ◽  
And Performance

Previous research in sociology has shown that what is considered as sanity or mental health is described according to a social ideal. Mental health problems have been theorized as a deviance from such norms. Depression, in particular, has been the object of sociological contemplation due to its divergence from a Western social normativity focused on functionality, adaptation and productivity. This research adds to this body of work on depression as a deviation from social norms. It seeks to address a gap within the literature, by exploring the ways in which the “post-depressive” state may be defined in accordance with social norms. As such, it analyzes the links between “post-depression” and normality, from the perspective of individuals having lived with depression. 46 semi-structured interviews were conducted with Canadians individuals who have experienced depression. Results from our content analysis show that the absence of depression was often synonymous with normality and characterized by the following dimensions: a positive attitude; the potential to take action; functionality and performance; self-management; a positive relationship with others; and the notion of meaningful projects. Our results show that participants do not define the absence of depression following psychiatric or clinical indicators, as recorded in the DSM, and that they do not consider it to be a return to an anterior, pre-depression, state. Rather, post-depression is idealized, perceived as a state of unfailing conformity to social expectations and norms.

scholarly journals INTERNATIONAL LAW ASPECTS OF GERMAN COPYRIGHT LAW (GCL)

2017 ◽  
Vol 3 (4) ◽  
pp. 93-98
Author(s):  
Юрий Юмашев ◽  
Yuriy Yumashev ◽  
Елена Постникова ◽  
Elena Postnikova
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Legal Regulation ◽  
Copyright Law ◽  
World Intellectual Property Organization ◽  
The Internet ◽  
Private International Law ◽  
Member States ◽  
Eu Member States ◽  
The Eu

The article deals with international law aspects of the GCL. To this aim firstly the international conventions on copyright law are analyzed, in particular: the Berne Convention for the Protection of Literary and Artistic Works in the wording of the Paris Act of 1971, the Convention on the Establishment of the World Intellectual Property Organization of 1967, the Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations of 1961 and Aspects of intellectual property rights (TRIPS) 1994. There is also an analysis of the EU copyright law in terms of its correlation with the law of the EU member-states and an assessment of its evolution. It is emphasized that the core fact of origin of authorship is determined on the basis of the national legislation of the Member-States. Special attention is paid to the scope of the “principle of exhausted rights”. The article also touches upon the aspect of private international law. Particular attention is paid to the legal regulation of the Internet, including Internet providers, and its impact on the formation of the GCL. The problem of combating Internet piracy is also raised, as copyright infringement often occurs in relation to works published online. In addition, the article revealed what changes were made to the GCL to comply with EU law (including secondary law acts and the practice of the EU Court). The result of the study is, among other things, the conclusion that special legal mechanisms should be developed to regulate new forms of selling works that have emerged as a result of technological progress and in the near future the Internet will undoubtedly form ways for the further development of the GCL. However, this process can negatively affect the leading role of the author as a creative person.

scholarly journals Tattoos and IP Norms

2016 ◽  
Author(s):  
Aaron Perzanowski
Keyword(s):  
Intellectual Property ◽  
Social Norms ◽  
Creative Industries ◽  
Legal Rights ◽  
Face To Face ◽  
Law And Policy ◽  
Descriptive Account ◽  
The Social ◽  
Original Works ◽  
Music Film

The U.S. tattoo industry generates billions of dollars in annual revenue. Like the music, film, and publishing industries, it derives value from the creation of new, original works of authorship. But unlike rights holders in those more traditional creative industries, tattoo artists rarely assert formal legal rights in disputes over copying or ownership of the works they create. Instead, tattooing is governed by a set of nuanced, overlapping, and occasionally contradictory social norms enforced through informal sanctions. And in contrast to other creative communities that rely on social norms because of the unavailability of formal intellectual property protection, the tattoo industry opts for self-governance despite the comfortable fit of its creative output within the protections of the Copyright Act.This Article relies on qualitative interview data drawn from more than a dozen face-to-face conversations with professionals in the tattoo industry. Based on those interviews, it offers a descriptive account of the social norms that have effectively displaced formal law within the tattoo community, provides a set of complementary cultural and economic explanations for the development of those norms, and outlines the broader implications of this research for intellectual property law and policy.

scholarly journals THE RIGHT OF AUTHORSHIP ON A WORK

2014 ◽  
Vol 8 (1) ◽  
pp. 155-160
Author(s):  
Ciprian Raul Romiţan
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Moral Rights ◽  
Economic Rights ◽  
Natural Connection ◽  
Artistic Work ◽  
The Law ◽  
The Right ◽  
The Relationship

The moral rights represent the legal expression of the relationship between the workand its creator; they precede, survive and exert a permanent influence on the economic rights.Moral rights are independent of economic rights, the author of a work preserving these rightseven after the transfer of its property rights.The right to claim recognition as the author of the work, called in the doctrine as the"right of paternity of the work" is enshrined in art. 10 lit. b) of the law and it is based on theneed to respect the natural connection between the author and his work. The right toauthorship is the most important prerogative that constitutes intellectual property rights ingeneral and consists of recognizing the true author of a scientific, literary or artistic work.

scholarly journals The Ethical Visions of Copyright Law

2018 ◽  
Author(s):  
James Grimmelmann
Keyword(s):  
Intellectual Property ◽  
Music Industry ◽  
Copyright Law ◽  
Free Software ◽  
Legal Scholarship ◽  
Creative Commons ◽  
Ethical Vision

77 Fordham Law Review 2005 (2009)This symposium essay explores the imagined ethics of copyright: the ethical stories that people tell to justify, make sense of, and challenge copyright law. Such ethical visions are everywhere in intellectual property discourse, and legal scholarship ought to pay more attention to them. The essay focuses on a deontic vision of reciprocity in the author-audience relationship, a set of linked claims that authors and audiences ought to respect each other and express this respect through voluntary transactions.Versions of this default ethical vision animate groups as seemingly antagonistic as the music industry, file sharers, free software advocates, and Creative Commons. "Respect copyrights," "Don't sue your customers," "Software should be free," and "I love to share" are all ethical claims about copyright that share some common intuitions, even as they draw very different conclusions. The essay provides a framework for thinking about these ethical visions of intellectual property and then puts these various visions into conversation with each other.

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