Public Domain and the Copyright. State Participation and Public Interests in the Information Age

Observatory of Culture ◽

10.25281/2072-3156-2015-0-5-32-36 ◽

2015 ◽

pp. 32-36

Author(s):

Ivan I. Zasursky

Keyword(s):

Intellectual Property ◽

Cultural Heritage ◽

Cultural Values ◽

Information Age ◽

Public Domain ◽

Public Access ◽

Public Interests ◽

The Public ◽

State Participation

The article presents a review of development of the copyright system and brings up the issue of public domain. The role of state is considered to be in dissemination, conservation and augmentation of cultural values, knowledge and information. Currently, the attempts to protect intellectual property and interests of the industry in Russia jeopardize the public access to the objects of public cultural heritage. The author suggests 10 steps necessary to develop the public domain in the field of culture and science and to transform the current copyright standards.

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Public domain art in an age of easier mechanical reproducibility

Art Libraries Journal ◽

10.1017/s0307472200014541 ◽

2006 ◽

Vol 31 (3) ◽

pp. 11-15

Author(s):

Kenneth Hamma

Keyword(s):

Education Research ◽

Intellectual Property ◽

Cultural Heritage ◽

Public Good ◽

Intellectual Property Rights ◽

Public Domain ◽

Information Environment ◽

Digital Resources ◽

Non Profit ◽

The Public

The current information environment presents opportunities for sharing information and enhancing the public domain of creative resources for education, research and the public good. Because the sharing paradigm for digital resources is fundamentally different from any we experienced in the analog world, practices of non-profit cultural heritage collecting institutions should be re-examined and re-evaluated with respect to aligning mission with new opportunities. One practice that deserves attention, particularly in this new environment, is the continued assertion of intellectual property rights in images of creative works that are themselves in the public domain.

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O domínio público e a função social do direito autoral | Public domain and the social function of copyright law

Liinc em Revista ◽

10.18617/liinc.v7i2.428 ◽

2011 ◽

Vol 7 (2) ◽

Author(s):

Carlos Affonso Pereira de Souza

Keyword(s):

Social Function ◽

Public Domain ◽

Public Interests ◽

The Public ◽

The Social ◽

The Us ◽

Private And Public ◽

Access To Knowledge

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

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Modalities, Challenges, and Possibilities

10.37419/jpl.v7.i1.1 ◽

2021 ◽

Vol 7 (1) ◽

pp. 1-42

Author(s):

Peter K. Yu

Keyword(s):

Intellectual Property ◽

Patent Protection ◽

Pharmaceutical Innovation ◽

Public Access ◽

The Public ◽

Property System ◽

Introductory Article ◽

To Come ◽

Proper Balance

On October 25, 2019, the Texas A&M Journal of Property Law and the Center for Law and Intellectual Property at Texas A&M University School of Law jointly organized the “Pharmaceutical Innovation, Patent Protection, and Regulatory Exclusivities” Symposium. Although none of the organizers and participants could predict what was to come in the next few months, there was a wide consensus that the rapid changes in the pharmaceutical landscape and our continuous struggle to strike a proper balance between proprietary protection and public access in the public health arena deserves scholarly, policy, and regulatory attention. To help contextualize the articles included in this special issue and to inform readers about the inspirations and motivations behind the Symposium, Part II of this Introductory Article explores the different modalities of protection—in particular the role of patents and regulatory exclusivities in providing the needed incentives to pharmaceutical developers. Part III identifies three sets of challenges that affect the future of pharmaceutical innovation at both the domestic and international levels. Part IV utilizes a very recent event—the COVID-19 pandemic—to illustrate the wide array of policy options and possibilities both within and outside the intellectual property system. This Part makes salient the nexus between the domestic and international debates on pharmaceutical innovation.

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OBJECTIVES AND FUNCTIONS OF LOBISTRY ACTIVITY IN UKRAINE: REALITIES TODAY AND EVOLUTIONARY FORECAST

UKRAINIAN ASSEMBLY OF DOCTORS OF SCIENCES IN PUBLIC ADMINISTRATION ◽

10.31618/vadnd.v1i12.74 ◽

2018 ◽

Vol 1 (12) ◽

pp. 329-339

Author(s):

Tikhon Sergeyevich Yarovoy

Keyword(s):

Civil Society ◽

Political System ◽

Developed Countries ◽

Public Interests ◽

The Public ◽

Political Events ◽

The Developed Countries ◽

Definition Of ◽

Industrial Groups

The article is devoted to the research of goals and functions of lobbying activity. The author has processed the ideas of domestic and foreign scientists, proposed his own approaches to the definition of goals and functions of lobbying activities through the prism of public administration. As a result, a generalized vision of the goals and functions of lobbying activities as interrelated elements of the lobbying system was proposed, and a forecast for further evolution of the goals and functions of domestic lobbying was provided. The analysis of lobbying functions allowed us to notice the tendencies in shifting the goals of this activity. If the objectives were fully covered by functions such as mediation between citizens and the state, the information function and the function of organizing plurality of public interests, then the role of strengthening the self-organization of civil society and the function of compromise become increasingly important in the process of formation in the developed countries of civil society and the development of telecommunication technologies. Ukrainian lobbyism will not be left to the side of this process. Already, politicians of the highest level, leaders of financial and industrial groups have to act, adjust their goals (even if they are — declared), taking into account the reaction of the public. In the future, this trend will only increase. The analysis of current research and political events provides all grounds for believing that, while proper regulatory legislation is being formed in Ukraine, the goals and functions of domestic lobbying will essentially shift towards a compromise with the public. It is noted that in spite of the existence of a basic direction of action, lobbying may have several ramified goals. Guided by the goals set, lobbyism can manifest itself in various spheres of the political system of society, combining the closely intertwined interests of various actors in the lobbying process, or even — contrasting them.

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Brief Amici Curiae of the Progressive Intellectual Property Law Association and the Union for the Public Domain in Partial Support of Petitioners in the Matter of Eric Eldred, et al. v. John Ashcroft, U.S. Attorney General (United States Supreme Court No. 01-618)

SSRN Electronic Journal ◽

10.2139/ssrn.1671639 ◽

2002 ◽

Author(s):

Edward Pekarek

Keyword(s):

United States ◽

Intellectual Property ◽

Supreme Court ◽

Attorney General ◽

United States Supreme Court ◽

Public Domain ◽

Property Law ◽

United States Supreme ◽

Partial Support ◽

The Public

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Nonprofit Arts Organizations’ Pursuit of Public Interests: The Role of Board Diversity

Nonprofit Policy Forum ◽

10.1515/npf-2020-0036 ◽

2021 ◽

Vol 0 (0) ◽

Author(s):

Young-Joo Lee

Keyword(s):

Nonprofit Organizations ◽

Racial Diversity ◽

Arts Organizations ◽

Board Governance ◽

Public Interests ◽

Board Diversity ◽

The Public ◽

Nonprofit Boards ◽

Nonprofit Arts

Abstract Although nonprofit organizations are expected to contribute to public interests, their tax exemption does not necessarily entail serving the broader public. What, then, makes nonprofit organizations orient their work externally, serving the broader public, instead of internally, pursuing private goals? This paper examines this question by studying the link between nonprofits’ board governance, with a specific focus on boards’ racial diversity, and their contribution to public interests. The analysis of the 2015 US Local Arts Agency Census reveals that boards’ racial diversity is closely related with nonprofit arts organizations’ participation in serving the broader public through civic engagement and community development activities. The findings offer insights on how nonprofit boards, which are neither publicly elected nor publicly accountable, can be trusted to attend to broader issues of the public interest.

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Making the Invisible Visible: Underwater Malta—A Virtual Museum for Submerged Cultural Heritage

Remote Sensing ◽

10.3390/rs13081558 ◽

2021 ◽

Vol 13 (8) ◽

pp. 1558

Author(s):

Timmy Gambin ◽

Kari Hyttinen ◽

Maja Sausmekat ◽

John Wood

Keyword(s):

Cultural Heritage ◽

Public Access ◽

Human Interaction ◽

Underwater Cultural Heritage ◽

Virtual Museum ◽

Underwater Imaging ◽

Human Occupation ◽

The Public ◽

3D Photogrammetry ◽

Underwater Sites

The seabed can be considered as the world’s largest museum, and underwater sites explored and studied so far provide priceless information on human interaction with the sea. In recognition of the importance of this cultural resource, UNESCO, in its 2001 Convention on the Protection of the Underwater Cultural Heritage, determined that objects/sites should be preserved in situ, whilst also advocating for public access and sharing. The implementation of these principles is not without difficulties. Some states have opened up underwater sites to the public—mainly through diving, yet the vast majority of the world’s population does not dive. In Malta, 7000 years of human occupation is reflected in and on the landscape, and recent offshore surveys show that the islands’ long and complex history has also left an indelible mark on the seabed. Besides difficulties related to their protection and management, these sites also present a challenge with regard to sharing and communicating. Recent advances in underwater imaging and processing software have accelerated the development of 3D photogrammetry of submerged sites and the idea for a virtual museum was born. The virtual museum, UnderwaterMalta, was created out of a need to share the plethora of underwater sites located on the seabed of the Maltese Islands. A multitude of digital tools are used to share and communicate these sites, offering visitors a dry dive into submerged sites that would otherwise remain invisible to the vast majority of the public. This paper discusses the basic principle of the sharing of underwater cultural heritage and the difficulties that beset the implementation of such a principle. A detailed explanation and evaluation of the methods used to gather the raw data needed is set in the context of the particular and unique working conditions related to deep water sites. The workings of this paper are based on first-hand experiences garnered through the recording of numerous wrecks over the years and the creation and launch of The Virtual Museum-Underwater Malta—a comprehensive virtual museum specifically built for “displaying” underwater archaeological sites that are otherwise invisible to the general public.

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Governing Knowledge: Intellectual Property Management for Development and the Public Interest

Revista do Serviço Público ◽

10.21874/rsp.v66i0.1278 ◽

2015 ◽

Vol 66 ◽

pp. 69-88

Author(s):

Leonardo Burlamaqui

Keyword(s):

Intellectual Property ◽

Public Interest ◽

Public Domain ◽

Policy Recommendations ◽

Public And Private ◽

The Public ◽

Private Interests ◽

Intellectual Property Management ◽

Analytical Perspective ◽

The Right

The core point of this paper is the hypothesis that in the field of intellectual property rights and regulations, the last three decades witnessed a big change. The boundaries of private (or corporate) interests have been hyper-expanded while the public domain has significantly contracted. It tries to show that this is detrimental to innovation diffusion and productivity growth. The paper develops the argument theoretically, fleshes it out with some empirical evidence and provides a few policy recommendations on how to redesign the frontiers between public and private spaces in order to produce a more democratic and development-oriented institutional landscape. The proposed analytical perspective developed here, “Knowledge Governance”, aims to provide a framework within which, in the field of knowledge creation and diffusion, the dividing line between private interests and the public domain ought to be redrawn. The paper’s key goal is to provide reasoning for a set of rules, regulatory redesign and institutional coordination that would favor the commitment to distribute (disseminate) over the right to exclude.Keywords: knowledge management, intellectual property, patent, public, interest, public sector, private sector, socioeconomic developmen

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MUSEUM SONGKET PALEMBANG DENGAN PENDEKATAN ARSITEKTUR NEO-VERNAKULAR

Arsitektura ◽

10.20961/arst.v14i2.9046 ◽

2017 ◽

Vol 14 (2) ◽

Author(s):

Abdul Aziz Arrosyid ◽

Samsudi Samsudi ◽

Ummul Mustaqimah

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Cultural Heritage ◽

Cultural Values ◽

Intellectual Property Rights ◽

Architectural Design ◽

Raw Materials ◽

Vernacular Architecture ◽

Museum Design ◽

Limited Process

Traditional weaving as a national cultural heritage is being abandoned, including songket in Palembang city. Songket weaving craft has been abandoned due to the limited process of the making, expensive raw materials, and competitiveness, either other crafters or modern weaving. There are hundreds of Palembang songket motifs that have not been documented and collected well. Only 77 motifs which have been registered as intellectual property rights. The lack attention of this matter would give possibility for neighboring countries to claim it such an accident ever exist. Songket Museum is needed as conservation center, exhibition, research, and songket craft workshop. Neo-Vernacular Architecture approach is used to make museum architectural design which is in line the cultural values of Palembang in contemporary design. The design issue is how to apply the principles of Neo-Vernacular Architecture into Palembang Songket Museum design. The method is designing the museum by taking both the physical and non-physical elements of local culture. Beside, re-interpretation the shape and philosophycal value of local architecture and Palembang songket are apllied in a new composition of Neo-Vernacular Architecture. The result is a design of Palembang Songket Museum which applies Neo-Vernacular Architecture principles. Keywords: Architecture, Neo-Vernacular, Palembang Songket, Songket Museum.

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The tourism industry and solving the problems of patriotic education for the young generation

Propósitos y Representaciones ◽

10.20511/pyr2021.v9nspe3.1286 ◽

2021 ◽

Vol 9 (SPE3) ◽

Author(s):

Fadbir Magusovich Safin ◽

Rafael Mirgasimoviz Valeev

Keyword(s):

Cultural Heritage ◽

Cultural Values ◽

Tourism Development ◽

Tourism Industry ◽

Young Generation ◽

Current State ◽

The Social ◽

Patriotic Education ◽

Tourist Demand

The analysis of the current state and development of social tourism in Russia indicates the need for further research into its content and forms, aimed at introducing the historical and cultural values of our citizens, organizing their active and wholesome recreation, solving the problems of patriotic education for the country's younger generation. The paper discusses some issues of social tourism development in Russia, the role of social tourism in the preservation and development of historical and cultural heritage focuses on the need to develop measures to stimulate tourist demand, strengthen the social component of tourism in the country

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