scholarly journals Legal problems of the use of orphan works in digital age

2021 ◽  
Vol 11 (3) ◽  
Author(s):  
Vira TOKAREVA ◽  
Iryna DAVYDOVA ◽  
Elena ADAMOVA
Keyword(s):  
United States ◽  
Civil Law ◽  
The United States ◽  
Legal Regulation ◽  
Copyright Law ◽  
European Countries ◽  
The Internet ◽  
The Third ◽  
Legal Problems ◽  
The Eu

The aim of this paper is to consider the mechanisms of legalization of use orphan works, based on a comparative analysis of the legal regulation in the United States, the EU and European countries; identify priority ways to reform and to develop proposals for improving copyright law in Ukraine. In the first section the concept of the orphan works and the circumstances which caused emergence of the orphan works are revealed. It has been established that the problem of orphan works mostly concerns works whose authors died and heirs cannot be found. In the second section the models of legalization of orphan works in the United States, Canada, the EU and European countries are analyzed and these interferences formed a proposal for Ukrainian legislation. In the third section the background of development of legislation of orphan works in Ukraine are studied. The neсessity to study the legal regulation of the United States, the EU and European countries in light of the recodification of the Civil law of Ukraine and seeking way of its renovation is substantiated. Developing effective mechanisms of using orphan works are stated to become relevant in the process of digitization of libraries’ collections and to have gained a new momentum in recent years. Its result has been provided open access to the works on the Internet.

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.

Balanced Budget Rules and Expenditure Limits: Lessons from the US and Australia and Implications for the EU

2012 ◽  
Vol 13 (6) ◽  
pp. 607-636
Author(s):  
Mark Humphery-Jenner
Keyword(s):  
United States ◽  
The United States ◽  
European Countries ◽  
Political Will ◽  
Constitutional Amendments ◽  
The Us ◽  
Balanced Budget ◽  
Tax And Expenditure Limits ◽  
Balanced Budget Requirements ◽  
The Eu

Governments periodically receive accusations of over-spending. These accusations are sometimes warranted. Some commentators propose that strict tax and expenditure limits (TELs) and/or balanced budget requirements (BBRs) may resolve excessive expenditure. Governments can implement TELs and BBRs through constitutional amendments, statutory schemes, or non-binding aspirational goals. They have been proposed as a remedy to allegations of over-spending in some European countries. However, it is not entirely clear if TELs or BBRs are effective or will resolve excess expenditure. I analyze TELs and BBRs as implemented in the United States and Australia. I argue that the Australian model of aspirational TELs and BBRs is beneficial if there is a political will to enforce them. However, if there is no such political will, then statutory (as opposed to constitutional) TELs and BBRs best strike a balance of flexibility and constraint.

scholarly journals IS LITHUANIA READY FOR AN UNPREDICTABLE FUTURE?: THE EU AND NATO CASES

2019 ◽  
Vol 2(13)/2019 (2(13)/2019) ◽  
pp. 95-100
Author(s):  
Vadim VOLOVOJ
Keyword(s):  
United States ◽  
The United States ◽  
Transatlantic Relations ◽  
European Countries ◽  
Power Balance ◽  
Fundamental Change ◽  
The Future ◽  
The Eu

Today’s world is in transition, and nobody can predict what the future power balance will look like. Transatlantic relations and the EU are in trouble. They may transform significantly, but it seems that many European countries are not ready for fundamental change. The United States of Europe or Europe of Nations – what should be the choice for Lithuania and what can it do in case of NATO disintegration? This article is speculative futurology, with the goal of preparing for the future

scholarly journals Features of Measures to Prevent Fraud Committed by Women: the Experience of Ukraine, the EU Countries and the United States

Dixi ◽  
2021 ◽  
Vol 23 (2) ◽  
pp. 1-23
Author(s):  
Viktoria Babanina
Keyword(s):  
United States ◽  
The United States ◽  
Legal Regulation ◽  
Female Crime ◽  
Eu Countries ◽  
Theoretical Approaches ◽  
Preventive Work ◽  
Special Programs ◽  
The Usa ◽  
The Eu

The article analyzes approaches to the prevention of female fraud in order to identify the best ways to combat fraud committed by women. Theoretical approaches to the measures to prevent crimes committed by women, in particular, female fraud were examined. Peculiarities of the legal regulation of the prevention of female fraud in Ukraine have been studied. The conclusion was made about the insufficiency of normative acts aimed at combating female fraud in Ukraine. In addition, the investigation revealed that measures taken in Ukraine to prevent female fraud were poor and insufficient. In parallel, the experience of the EU countries and the USA in the prevention of female fraud was analyzed in the article. The programs and methods of prevention of crimes committed by women in the USA and the EU have been studied. Based on this analysis, proposals to improve approaches to the prevention of female crime, in particular, female fraud, have been developed. In particular, the conclusion was made that preventive work among the population as well as creation of special programs to work with women would be relevant.

The Growth of E-Commerce in Developing Countries

2013 ◽  
pp. 29-43
Author(s):  
Japhet E. Lawrence
Keyword(s):  
United States ◽  
Developing Countries ◽  
Developed Countries ◽  
The United States ◽  
Global Market ◽  
European Countries ◽  
Purchase Behavior ◽  
The Internet ◽  
Three Stages ◽  
Use Of The Internet

The growth of the Internet has opened up a vast arena, providing more opportunities for businesses, particularly small to medium-sized enterprises (SMEs) to sell their products and services to a global audience than they would have been able to afford to reach using the traditional methods. SMEs are extremely important to many countries and their contribution to economy cannot be over emphasized. Several researchers have studied the contribution of the Internet and highlight the importance of convenience, satisfaction, quality, and consumer purchase behavior. In this study, it is argued that SMEs stand to benefit significantly from the opportunities and benefits that the Internet offers to businesses. Therefore, the use of the Internet is widely seen as critical for the competitiveness of SMEs in the emerging global market. The study is exploratory in nature and will be conducted in three stages. The findings presented in this paper, argues that SMEs in developing countries must learn from the experiences of developed countries, such as the United States and European countries, and use the Internet more frequently.

ETHICS OF ARTIFICIAL INTELLIGENCE IN THE DEVELOPMENT OF MODERN LEGAL SYSTEMS

2021 ◽  
pp. 79-89
Author(s):  
E.V. Skurko ◽  
Keyword(s):  
Artificial Intelligence ◽  
Civil Law ◽  
The United States ◽  
Legal Regulation ◽  
Ethical Aspects ◽  
General Data Protection Regulation ◽  
Ai Ethics ◽  
General Data ◽  
Artificial Intelligence Systems ◽  
The Eu

The review examines the ethical aspects of the use of artificial intelligence systems and their legal regulation both at the international legal level and in individual countries and jurisdictions. The key provisions of the EU General data Protection Regulation (GDRP) 2018 and other EU documents are analyzed, in particular, the resolution on civil Law Rules on Robotics 2017 of the European Parliament and the European Commission's communication on Artificial Intelligence for Europe 2018, as well as issues of legal regulation of AI ethics in China, the United States, and other countries.

The Growth of E-Commerce in Developing Countries

2011 ◽  
Vol 2 (1) ◽  
pp. 15-28
Author(s):  
Japhet E. Lawrence
Keyword(s):  
United States ◽  
Developing Countries ◽  
Developed Countries ◽  
The United States ◽  
Global Market ◽  
European Countries ◽  
Purchase Behavior ◽  
The Internet ◽  
Three Stages ◽  
Use Of The Internet

The growth of the Internet has opened up a vast arena, providing more opportunities for businesses, particularly small to medium-sized enterprises (SMEs) to sell their products and services to a global audience than they would have been able to afford to reach using the traditional methods. SMEs are extremely important to many countries and their contribution to economy cannot be over emphasized. Several researchers have studied the contribution of the Internet and highlight the importance of convenience, satisfaction, quality, and consumer purchase behavior. In this study, it is argued that SMEs stand to benefit significantly from the opportunities and benefits that the Internet offers to businesses. Therefore, the use of the Internet is widely seen as critical for the competitiveness of SMEs in the emerging global market. The study is exploratory in nature and will be conducted in three stages. The findings presented in this paper, argues that SMEs in developing countries must learn from the experiences of developed countries, such as the United States and European countries, and use the Internet more frequently.

scholarly journals The EU Copyright Directive as Compared to US Copyright Law and its Implication for Libraries

2006 ◽  
Vol 34 (2) ◽  
pp. 246-266
Author(s):  
Marco Marandola
Keyword(s):  
United States ◽  
European Union ◽  
United States Of America ◽  
The United States ◽  
Copyright Law ◽  
The European Union ◽  
European Union Directive ◽  
Union Directive ◽  
Copyright Directive ◽  
The Eu

This article aims at analyzing the relations and differences between the United States of America Copyright Law and the European Union Directive 2001/29/CE and how they affect the management of protected work in the libraries.

scholarly journals D. Trump as a Factor in the Political Demarcation in Europe

2020 ◽  
Vol 17 (5) ◽  
pp. 76-83
Author(s):  
Pavel Ivanov ◽  
Keyword(s):  
United States ◽  
The United States ◽  
European Countries ◽  
The Political ◽  
White House ◽  
Political Processes ◽  
The Us ◽  
Political Differences ◽  
High Level ◽  
The Eu

The article analyzes the role of the American leader as an indicator of internal political contradictions in European society. The subject of the research is the socio-political differences in Europe in the context of attitudes towards the political course and personality of US President D. Trump. The purpose of the study is to identify the main political forces that approve and share D. Trump's policies in the EU countries, the reasons for support, and efforts to advance their positions. The US initiatives to change the European political landscape are disclosed. The reasons for the growth of support for the US President and the transformation of attitudes towards him in European countries are revealed. The author reveals the conflict potential of socio-political challenges and the sharpness of disagreements regarding the policy of the White House. Conclusions are drawn about the similarity of the socio-political delimitation in European countries and the United States, a high level of D. Trump's influence on the internal political processes in the EU is noted. The author came to the conclusion about the strengthening of support for the American president, the growing popularity of the conservative parties of the «political alternative» and the deepening of the internal political division, both in Europe and in the United States.

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