Of Oceans, Islands, and Inland Water - How Much Room for Exceptions and Limitations Under the Three-Step Test?

2008 ◽  
Author(s):  
Annette Kur
Keyword(s):  
Step Test ◽  
Inland Water ◽  
Exceptions And Limitations

scholarly journals LIMITATIONS AND EXCEPTIONS OF ECONOMIC COPYRIGHT: BALANCE OF PRIVATE AND PUBLIC INTERESTS

2020 ◽  
Author(s):  
Любов Майданик
Keyword(s):  
European Union ◽  
Fair Use ◽  
Step Test ◽  
The European Union ◽  
Public Interests ◽  
The World ◽  
Private And Public ◽  
Exceptions And Limitations ◽  
Limitations And Exceptions ◽  
The Eu

The article is devoted to the research of the balance between private and public interests through the concept of exceptions and limitations on economic rights of author. The concept of free use of works applied in the legislation of Ukraine is analyzed, as well as exceptions and limitations on copyrights inherent in the copyright of the European Union. It is concluded that the concept of «free use» in the context of copyright is not used in the legislation of most countries of the world, and is inherent in the Ukrainian Law of Ukraine «On Copyright and Related Rights». Copyright limitations and exceptions in the specific cases are envisaged in the laws of different countries of the world by the following two main systems: a system of general abstract principles implemented in common law countries ('fair use' in the US and 'fair dealing' in the UK, Canada). The first approach is characterized by the fact that a generally exhaustive list of ways of free use of works is provided for in a legislative act and does not allow for the consideration of additional general principles. The second, implies that the court applies the general principles (first and foremost the principle of fair use) and pre-established criteria to determine the lawfulness of a use. The three-step test of the Berne Convention and its relevance to the copyright of Ukraine and the EU are being analyzed. The three-step test, as one of the means of ensuring a balance of private and public interest in copyright, can be used both in law-making and in court-specific dispute resolution. The different approaches to copyright exceptions proposed in the draft Wittem Group's copyright code are explored compared to those existing in the European Union Directive on the harmonization of certain aspects of copyright and related rights in the information society. It is noted that the draft Wittem Group's Copyright Code differs from that adopted in the EU and Ukraine in that it provides for an open list of cases of use of copyright objects, thereby altering the existing balance of interests towards the public. Copyright restrictions in the said Directive apply to specific proprietary rights under certain conditions, which may include the purpose, subjects and specific scope, which provides for a list of exceptions and restrictions that are considered to be closed and not subject to extended interpretation in their content.

The Construction of Exceptions and Limitations in the InfoSoc Directive

2019 ◽  
pp. 128-153 ◽  
Author(s):  
Eleonora Rosati
Keyword(s):  
Step Test ◽  
Eu Member States ◽  
Strict Interpretation ◽  
Exceptions And Limitations ◽  
Eu Directives ◽  
The One ◽  
And Function ◽  
Article 5 ◽  
Fair Balance

The analysis moves on to consider exceptions and limitations under the InfoSoc Directive. In particular, attention focuses on three areas—parody, quotation, and private copying—which serve to outline how the application of certain key standards, notably (1) the one according to which concepts in EU directives that make no reference to the laws of individual EU Member States should be intended as autonomous concepts of EU law that must be given uniform application throughout the EU, (2) strict interpretation of exceptions and limitations, but also (3) effectiveness of exceptions and limitations and (4) achieving a fair balance in the protection of contrasting rights, have allowed the creation of an EU system of exceptions and limitations. In this sense, the role of the Court has been pivotal in strengthening, at least in part, the admittedly weak harmonizing force of the InfoSoc Directive. This chapter also discusses the nature and function of the three-step test as found in Article 5(5) of that directive.

Pricing and profiting in copyright: introducing an Islamic perspective

2020 ◽  
Vol 10 (2) ◽  
pp. 152-178
Author(s):  
Ainee Adam
Keyword(s):  
Literary Work ◽  
Step Test ◽  
Economic Rights ◽  
The Public ◽  
Islamic Perspective ◽  
Exceptions And Limitations ◽  
Islamic Economic ◽  
Research And Education ◽  
Access To Knowledge ◽  
Alternative Set

The economic rights granted to copyright holders are, at times, an obstacle to the public's right of access to knowledge as the works are priced beyond the means of their consumers. Recognizing this, the three-step test in Article 13 of the Trade-Related Aspects of Intellectual Property Rights Agreement provides exceptions and limitations to the copyright holders’ economic rights. It is, however, arguable that the test is inadequate in balancing the rights and interests of the copyright holders and the public. It is observed that most of the available literature on this issue is based on Western principles and thought. This article, therefore, proposes that scholarship from an alternative set of knowledge could potentially shed some light on the matter. In particular, it suggests that an Islamic perspective on pricing and profiting could provide a more appropriate balance that would grant equitable access to knowledge, research and education to the general public, while ensuring that copyright holders (and authors) remain incentivized to produce high-quality literary work. In so doing, the article introduces one of the first steps in applying Islamic economic principles to contemporary copyright issues.

Verification of the Relationship between Stepping Ability for Avoiding Falls and the Ten-Step Test in the Elderly

2020 ◽  
Vol 35 (4) ◽  
pp. 545-549
Author(s):  
Kengo OKAWARA ◽  
Yoshinobu YOSHIMOTO ◽  
Ryota ASHIZAWA ◽  
Kazuma YAMASHITA ◽  
Koki TAKE ◽  
...  
Keyword(s):  
The Elderly ◽  
Step Test ◽  
The Relationship

Method of Evaluation of Potential Numbers and Biomass of Benthos-eating Fishes of Inland Water Bodies Based on Macrozoobenthos State

2016 ◽  
Vol 52 (6) ◽  
pp. 43-49
Author(s):  
V. V. Zamorov ◽  
Ye. Yu. Leonchyk ◽  
M. P. Zamorova ◽  
M. M. Dzhurtubayev
Keyword(s):  
Water Bodies ◽  
Inland Water ◽  
Method Of Evaluation ◽  
Inland Water Bodies

Experience in the use of double broncholytic therapy in occupational practice

2019 ◽  
pp. 303-307
Author(s):  
Elena A. Beigel ◽  
Natalya G. Kuptsova ◽  
Elena V. Katamanova ◽  
Oksana V. Ushakova ◽  
Oleg L. Lakhman
Keyword(s):  
Quality Of Life ◽  
Personal Data ◽  
The Body ◽  
Step Test ◽  
Aluminum Production ◽  
Chronic Obstructive ◽  
Body Plethysmography ◽  
Occupational Copd ◽  
The Impact

Introduction. Occupational chronic obstructive pulmonary disease (COPD) is one of the leading nosological forms of occupational respiratory disease. Numerous studies have shown high effectiveness of the combination of indacaterol/glycopyrronium (Ultibro®breezhaler®) on the impact on clinical and functional indicators in the treatment of COPD in General practice.The aim of the investigation the case of occupational COPD with the analysis of the dynamics of functional indicators, tolerance to physical load and evaluation of the quality of life of workers engaged in aluminum production by using combination of indacaterol/glycopyrronium.Materials and methods. The random sampling method included 20 men, workers of aluminum production, with the established diagnosis of professional COPD at the age of 40 to 60 years. The survey was conducted (Borg scale, medical Research Council scale (mMRC) and COPD Assessment Test (CAT). Functional methods of studies were conducted: spirometry, body plethysmography, electrocardiography (ECG) and the six-minute stepper test (6-MST).Results. Against the background of 8 weeks of therapy, the volume of forced exhalation for 1 minute (FEV1) increased by 14.7% and amounted to 67.90% of the due values, the forced vital capacity of the lungs (FVC) increased by 11.3% and amounted to 76.95% of the due. According to the body plethysmography (BPG) is set to decrease in residual lung volume on average by 13.4% and static hyperinflation, confirmed by the decrease in functional residual volume (FRV) of 18.8%. During the study period increased physical activity of patients. The average difference between the distance traveled in the six-minute step test before and after treatment was 58.8 m. The analysis of personal data showed that the quality of life of patients improved, the total score in the questionnaire CAT at the beginning of the study was 16.9 points, and after 8 weeks decreased by 63% and amounted to 10.7 points.Conclusions: The Results indicate a positive effect of combination therapy with indacaterol/glycopyrronium on the course and progression of occupational COPD.

Sign in / Sign up

Export Citation Format

Share Document