UCITA and the Impact on European Copyright Law - A Choice of Law Analysis

2001 ◽  
Author(s):  
Alan David Ragueneau
Keyword(s):  
Copyright Law ◽  
Choice Of Law ◽  
The Impact

scholarly journals The Interface of Copyright and Human Rights: Access to Copyright Works for the Visually Impaired

2021 ◽  
Author(s):  
◽  
Lida Ayoubi
Keyword(s):  
Human Rights ◽  
Visually Impaired ◽  
Copyright Law ◽  
Blind And Visually Impaired ◽  
Copyright Laws ◽  
Limitations And Exceptions ◽  
The Right ◽  
Visually Impaired Persons ◽  
The Impact ◽  
Marrakesh Treaty

<p>Reproduction of copyright protected material in formats that are accessible to the blind and visually impaired persons constitutes a copyright infringement unless there are specific limitations and exceptions in place. Most countries do not have copyright limitations and exceptions for the benefit of the visually impaired in their copyright laws. This has contributed to the issue of book famine, meaning the unsatisfactory access to copyright protected material for the blind and visually impaired.  This thesis examines the claims of the visually impaired for improved access to copyright protected works in the context of the interface of human rights and intellectual property rights. This research demonstrates that insufficient access to copyright protected material is discriminatory against the visually impaired and negatively affects their human rights such as the right to education, information, health, employment, culture, and science. Moreover, the thesis analyses the international and domestic copyright law’s impact on the needs of the visually impaired. In analysing the international copyright law, the thesis evaluates the Marrakesh Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities.  Highlighting the insufficient consideration for the rights of the visually impaired in domestic and international copyright laws including the Marrakesh Treaty, the thesis proposes adoption of a human rights framework for copyright law to the extent that it affects the human rights of the visually impaired. Such framework requires copyright law to accommodate those human rights of the visually impaired that are dependent on access to copyright protected material.  The thesis offers two categories of measures for creation of a human rights framework for copyright to the extent that it affects the human rights of the visually impaired. The measures include optimisation of already available options and adoption of new mechanisms. The first category discusses minimum mandatory copyright limitations and exceptions and the possibility to harmonise them. The second category covers extra measures such as clarifying the implications of different human rights and copyrights in the context of the book famine; ensuring compatibility of human rights and copyright when adopting policy and law; and, regular monitoring of the impact of copyright law on human rights.</p>

Copyright Implications for Electronic Resources

2011 ◽  
pp. 145-173
Author(s):  
Aline Soules ◽  
Donna L. Ferullo
Keyword(s):  
Resource Management ◽  
Copyright Law ◽  
Electronic Resources ◽  
Electronic Resource ◽  
Electronic Environment ◽  
Electronic Environments ◽  
The Impact

The chapter begins with an examination of the sections of copyright law that impact electronic resource management, and reviews the various laws that have been enacted in recent years to attempt to delineate appropriate uses of information in the electronic environment. In section two, the impact of copyright is discussed in relation to particular types of electronic resources. The unique characteristics and challenges inherent in both access and format are discussed. Section three reports on responses to a series of interview questions the authors posed to librarians working in a wide variety and type of libraries. The goal was to elicit information about how librarians are managing to implement copyright law in the daily reality of their increasingly electronic environments.

Relevance of EU Copyright Law to (Future) Non-EU Member States

2019 ◽  
pp. 173-198
Author(s):  
Eleonora Rosati
Keyword(s):  
European Union ◽  
Case Law ◽  
Copyright Law ◽  
The European Union ◽  
Eu Member States ◽  
Exceptions And Limitations ◽  
Eu Copyright Law ◽  
Eu Directives ◽  
The Uk ◽  
The Impact

This chapter discusses the impact of CJEU copyright case law on national copyright regimes, even beyond the wording of EU directives as transposed into national legal systems. To this end, it focuses on the UK and, following a discussion of what immediate changes the departure from the EU and the EEA (Brexit) would have (also with regard to issues of exhaustion), it explores to what extent case law of the Court of Justice of the European Union (CJEU) has changed UK copyright law. EU decisions have had an impact in areas such as: copyright subsistence, subject matter categorization, primary/accessory liability, standard of infringement, exceptions and limitations, and enforcement (with particular regard to website blocking jurisprudence). Overall, this chapter shows the legacy of CJEU case law, and how pervasive the impact of such case law is.

Hague Securities Convention goes into effect in the United States

2017 ◽  
Vol 18 (4) ◽  
pp. 72-77
Author(s):  
Bryan L. Barreras ◽  
Barbara M. Goodstein ◽  
Kevin C. McDonald
Keyword(s):  
The United States ◽  
Choice Of Law ◽  
Content Type ◽  
Commercial Code ◽  
The Us ◽  
Secured Transactions ◽  
The Hague ◽  
Market Practice ◽  
The Law ◽  
The Impact

Purpose To explain the Hague Securities Convention in the context of secured financing transactions in the US and to discuss the implications of the Convention on new and existing transactions, as well as on market practice going forward. Design/methodology/approach This article provides a broad overview of the Hague Securities Convention and the impact of the Convention’s choice of law rules on secured financing transactions in the US involving intermediated securities, including how this deviates from previously applicable laws (such as the Uniform Commercial Code), and provides practical considerations with respect to secured financing transactions. Findings While in most circumstances the Convention provides for the same choice of law as previously applicable laws, there are certain scenarios where the Convention will produce a different result. Market practice with respect to perfecting security interests will likely change to take account of the Convention and to provide the parties with certainty regarding the law applicable to secured transactions. Practical implications The Convention calls for increased diligence with respect to the law governing the account agreement between the debtor and the securities intermediary and whether the securities intermediary has a qualifying office in that jurisdiction. Originality/value Practical guidance from experienced finance lawyers.

The Business of Scholarly Publishing

2020 ◽  
Author(s):  
Albert N. Greco
Keyword(s):  
The United States ◽  
Copyright Law ◽  
Scholarly Publishing ◽  
Product Price ◽  
Institutional Repositories ◽  
Scholarly Publications ◽  
Turbulent Times ◽  
The Us ◽  
Impact Of Technology ◽  
The Impact

This is a detailed analysis of the business of the scholarly publishing of books, journals, preprints, and various scholarly publications in institutional repositories in the United States. Drawing on an extensive review of the literature and statistical sources, the book examines the changing environment of scholarly publishing and the product, price, placement, promotion, and costs (including some profit and loss statements) of scholarly books and journals. Special attention is paid to the history and development of scholarly books and journals; intellectual property issues, including the development of the US copyright law and infringement issues of Sci-Hub; an author’s contract; and the impact of technology (including open access) on books and journals. The book also discusses how scholarly publishers are trying to manage in what are turbulent times. The book contains extensive notes, book and journal statistical tables, and figures.

scholarly journals So Dark the Con(tu) of Man: The Quest for a Software Derivative Work Right in Section 117

2008 ◽  
Vol 70 (1) ◽  
Author(s):  
Lateef Mtima
Keyword(s):  
Computer Software ◽  
Copyright Law ◽  
Copyright Holder ◽  
User Adaptation ◽  
New Public ◽  
Derivative Work ◽  
Software Programs ◽  
Exclusive Right ◽  
The Impact ◽  
Judicial Recognition

Computer software programs have various unique characteristics as copyrightable works. Among other things, unlike traditional copyrightable works, it is necessary to copy and often to modify software programs in order to use them. In addition, as functional works, the development of additional programs, an overarching goal of copyright protection, often requires the “efficient reuse” of protected elements of preexisting programs. The copyright law currently provides an ambiguous and contradictory response to these issues. While section 117 of the Copyright Act provides program users with the privilege to prepare “adaptations” of copyrighted programs, section 106 reserves to copyright holders the exclusive right to prepare derivative versions of their programs. This article proposes that user adaptation privileges can be distinguished from, and reconciled with, copyright holder derivative work exclusive rights by virtue of the impact that a user-prepared adaptation will have upon the market for the original copyrighted program: “market benign” adaptations should be treated as privileged adaptations, while “market pernicious” adaptations should be treated as derivative works and therefore, subject to the rights of the copyright holder in the original program. In addition, the “practical-use versus market-impact” balancing rationale used to draw the foregoing distinction can also be used to reconstruct the traditional derivative work right into a narrower “software derivative work right.” This software derivative work right would limit the copyright holder’s exclusive right to that of creating derivative programs that are likely to compete with, or otherwise have an undue impact on the market for, the original copyrighted software program. This would enable judicial recognition of a new “public derivative work privilege” to create non-competitive derivative software programs from preexisting works.

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