scholarly journals Fundamentos para o domínio público no direito autoral brasileiro | Foundations of the public domain in Brazilian copyright law

2011 ◽  
Vol 7 (2) ◽  
Author(s):  
Sérgio Vieira Branco Júnior

Resumo O estudo do domínio público no direito autoral não se resume a apontar os prazos de proteção conferido às obras intelectuais. De tratamento escasso pela doutrina, o tema é bem mais complexo do que aparenta em um primeiro momento, abrangendo diversas áreas do direito e tendo implicações diretas na vida da sociedade. Uma análise relevante é determinar quais os efeitos sociais, econômicos e jurídicos decorrentes do ingresso de uma obra no domínio público, sendo tais efeitos determinantes para se construir a justificativa de existência do próprio domínio público. Palavras-chave Abstract The study of public domain in copyright law is not limited to pointing out the terms of copyright protection. Being scarcely studied by the doctrine, the issue is more complex than it appears at first, covering different areas of law and having direct implications in society. A relevant analysis is to determine the social, economic and legal effects under the entry of a work into the public domain, such effects being crucial to build the justification of existence of the public domain. Keywords

2011 ◽  
Vol 7 (2) ◽  
Author(s):  
Carlos Affonso Pereira de Souza

Resumo O artigo debate as funções desempenhadas pelo direito autoral, identificando o estímulo à criação como função promocional e o acesso ao conhecimento e à informação como sua função social. O texto desenvolve o papel do domínio público como instituto fundamental para garantir o equilíbrio entre interesses privados e públicos na proteção autoral a partir do ordenamento constitucional e reflete sobre a experiência norte-americana envolvendo a prorrogação do prazo de proteção das obras autorais. Palavras-chave Direitos Autorais; Domínio Público; Função SocialAbstract The article debates the functions of copyright protection, identifying the incentive to intellectual creation and the access to knowledge and information as its two major functions. The text explores the role of the public domain as a fundamental institute for the better understanding of the balance between private and public interests in copyright in the light of Brazilian Constitutional Law and the US experience on the extension of the protection term. Keywords Copyright; Public Domain; Social Function


2017 ◽  
Author(s):  
Arber Balani ◽  
Olga Vladimirovna Glushakova ◽  
Yaroslava Vaysberg ◽  
Natalia Vasilievna Fadeikina ◽  
Vladimir Vasilevich Mikhailov ◽  
...  

Author(s):  
S. E. Demidova ◽  

Government interference in the social-economic processes through the implementation of anti-crisis measures and fiscal expansion holds the embodiment of financial risks for economic entities. As a result, government debt and budget gaps at the continuing drop of real disposable household income and companies’ profitability grow. Over a long-term horizon, the decisions made can cause a financial system misbalance and new risk generation, including systemic risks in the sphere of public finance. The author carries out the theoretical research of financial system risks, which can result in a decrease in the system stability in general. The study determines that there is no single theoretical concept of financial risks of the public sector. Within the research, the author analyzed the approaches to systemic risks in various economic sectors and decomposed systemic risk of the public finance sphere. The study specified global factors of influence on the financial system stability, determined the impact factors and common fiscal limitations considering the needs in the execution of state obligations. The pandemic factor – COVID-19 spread is highlighted as an exogenous factor of impact on the formation of financial system misbalances. The main threat to the financial system stability considered in terms of the functional-institutional approach is the deficiency of economic entities’ liquidity. Unprecedented budgetary measures of anti-crisis financial regulation, the deferred impact – tax preferences, and monetary measures had an immediate influence on the liquidity volume during the implementation of anti-COVID activities. Tools of budgetary monitoring, budget expenditures reviews, tax expenditures reviews, and budget consolidation ensure the budget mechanism flexibility. Factors producing financial system risks and the selected measures of state regulation will set the trends for the social-economic development of the country in the coming years.


Author(s):  
Bronwyn Lee Carlson ◽  
Lani V Jones ◽  
Michelle Harris ◽  
Nelia Quezada ◽  
Ryan Frazer

This paper investigates the ways in which Indigenous Australians respond individually, and collectively, to racial vilification by means of social media sites. Introducing the concept of “shared recognition” this paper describes the collective sense of anger and frustration experienced by Indigenous people when traumatic events in the public domain act as reminders of ongoing colonialism. Three examples are explored to demonstrate collective trauma as a result of racist and discriminatory acts that are made public, and the ways in which social media is utilised by Indigenous Australians to make sense of and cope with trauma. Firstly, the Four Corners program on ABC television entitled ‘Australia’s Shame’. Secondly, a cartoon produced by the editorial cartoonist for The Australian newspaper, Bill Leak depicting Indigenous fathers as neglectful. Finally, the social media movement, #IndigenousDads, that emerged in response to these events and demonstrates ongoing resistance to colonial narratives. Drawing on Sara Ahmed’s (2004) notion of “affective economies” this paper unpacks the politics of pain, shame and pride in the aftermath of both the Four Corners program and the Bill Leak cartoon.


2005 ◽  
Vol 114 (1) ◽  
pp. 71-82 ◽  
Author(s):  
Christopher Moore

Changes to Australian copyright law introduced under the Australia–United States Free Trade Agreement will diminish the public domain, criminalise common copyright infringing practices and locally introduce significant portions of the controversial 1998 American Digital Millennium Copyright Act. This paper examines these imminent changes to Australian copyright law, with specific attention to the potential effects of the extended duration of copyright protection and the introduction of technological anti-circumvention measures. It argues that public domain-enhancing activities are crucial for sustaining cultural creativity and technological innovation, and discusses the potential role of the Creative Commons movement in establishing economically viable and legal alternatives to the current model of trade-oriented copyright reform.


2018 ◽  
Vol 19 (1) ◽  
pp. 45-68
Author(s):  
Harold Sougato Baroi ◽  
Shawkat Alam ◽  
Carlos Bernal

Legal implementation has always been a challenge in Bangladesh. The Right to Information Act 2009 (the RTI Act) was introduced in Bangladesh with the objective of ensuring people’s access to government information for improving accountability and empowering people to participate in decisions that shape the social, economic, and political aspects of their lives. However, this article suggests that there has been no significant improvement in accessing government information despite the enactment and the strategies for the implementation of the RTI Act. Most citizens are unaware of their legal entitlements to seek and receive information. Only a small number of applications have been registered with public offices since the RTI Act was introduced in 2009. The article argues that one of the main reasons behind the lack of improvement is that the chosen implementation approach fails to engage the public to exercise their right to access information related to government services. This article claims that a proactive and deliberative approach to information disclosure is a much better alternative to the current scheme for implementing the RTI Act.


2014 ◽  
Vol 2014 ◽  
pp. 1-27 ◽  
Author(s):  
Vikas Bajpai

Despite the implementation of National Rural Health Mission over a period of nine years since 2005, the public health system in the country continues to face formidable challenges. In the context of plans for rolling out “Universal Health Care” in the country, this paper analyzes the social, economic, and political origins of the major challenges facing public hospitals in India. The view taken therein holds the class nature of the ruling classes in the country and the development paradigm pursued by them as being at the root of the present problems being faced by public hospitals. The suggested solutions are in tune with these realities.


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