scholarly journals Reggaenomics: The Relationship Between Copyright Law and Development in the Jamaican Music Industry

2021 ◽  
Author(s):  
◽  
Sharma Latoya Taylor

<p>One argument posits that copyright is necessary for incentivising creative expressions. To what extent does this hold true for individual copyright-based sectors in a developing nation’s economy? Although Jamaica’s Copyright Act 1993 complies with the major copyright treaties, little is known about whether (and how) the copyright regime allows the Jamaican music industry to foster national development.  Accordingly, the focus of this thesis is to examine the developmental impact of the copyright system on the Jamaican music industry. This thesis traces the evolution of the local music industry and its complex interaction with copyright law. This research assesses the various approaches to economic development and highlights the limitations of a collective management-based approach and weaknesses in the individual rights management model. It also analyses the compatibility between a human development approach to copyright and the theoretical justifications for copyright. It points out substantive areas of the domestic copyright legislation that could be reformed in order to improve the statute’s applicability to the music industry insofar as development is concerned.  This thesis adopts a qualitative methodological approach and uses interviews from 57 music industry participants. The findings suggest that societal context is as important as the legal rights, in giving copyright owners incentives to create. Historical, political, socio-cultural, economic and institutional factors play a key role in shaping stakeholders’ treatment of copyright. Music industry players’ experiences can help inform policymaking by fostering a better understanding of the implications of copyright protection for this vital sector of the economy.</p>

2021 ◽  
Author(s):  
◽  
Sharma Latoya Taylor

<p>One argument posits that copyright is necessary for incentivising creative expressions. To what extent does this hold true for individual copyright-based sectors in a developing nation’s economy? Although Jamaica’s Copyright Act 1993 complies with the major copyright treaties, little is known about whether (and how) the copyright regime allows the Jamaican music industry to foster national development.  Accordingly, the focus of this thesis is to examine the developmental impact of the copyright system on the Jamaican music industry. This thesis traces the evolution of the local music industry and its complex interaction with copyright law. This research assesses the various approaches to economic development and highlights the limitations of a collective management-based approach and weaknesses in the individual rights management model. It also analyses the compatibility between a human development approach to copyright and the theoretical justifications for copyright. It points out substantive areas of the domestic copyright legislation that could be reformed in order to improve the statute’s applicability to the music industry insofar as development is concerned.  This thesis adopts a qualitative methodological approach and uses interviews from 57 music industry participants. The findings suggest that societal context is as important as the legal rights, in giving copyright owners incentives to create. Historical, political, socio-cultural, economic and institutional factors play a key role in shaping stakeholders’ treatment of copyright. Music industry players’ experiences can help inform policymaking by fostering a better understanding of the implications of copyright protection for this vital sector of the economy.</p>


Author(s):  
Astrid Kjeldgaard-Pedersen

This book scrutinizes the relationship between the concept of international legal personality as a theoretical construct and the position of the individual as a matter of positive international law. By testing four main theoretical conceptions of international legal personality against historical and existing international legal norms that govern individuals, the book argues that the common narrative about the development of the role of the individual in international law is flawed. Contrary to conventional wisdom, international law did not apply to States alone until the Second World War, only to transform during the second half of the twentieth century to include individuals as its subjects. Rather, the answer to the question of individual rights and obligations under international law is—and always was—solely contingent upon the interpretation of international legal norms. It follows, of course, that the entities governed by a particular norm tell us nothing about the legal system to which that norm belongs. Instead, the distinction between international and national legal norms turns exclusively on the nature of their respective sources. Against the background of these insights, the book shows how present-day international lawyers continue to allow an idea, which was never more than a scholarly invention of the nineteenth century, to influence the interpretation and application of contemporary international law. This state of affairs has significant real-world ramifications as international legal rights and obligations of individuals (and other non-State entities) are frequently applied more restrictively than interpretation without presumptions regarding ‘personality’ would merit.


2021 ◽  
Vol 7 (3) ◽  
pp. 62-70
Author(s):  
Katerina S. Gruznevich ◽  

The article considers the essence and developed criteria for comparing the definitions of assessment, analysis, performance evaluation, performance analysis, performance evaluation. The author proposes a new approach to the definition of efficiency – socio-ecological-economic, which in contrast to the traditional representation, is consistent with modern economic trends and the global imperative of sustainable development. The author's definition of the category ―assessment of socio- environmental and economic efficiency of the organization was formulated. The methodical approach to the assessment of socio-environmental and economic efficiency of the enterprise based on the factor analysis was developed. For each aspect of efficiency the key indicator was determined. The advantage of the author's approach is the opportunity to establish the relationship between the individual components – to include indicators of the economic aspect in the social and environmental aspects, thereby investigating the relationship between them.


2019 ◽  
pp. 75-81
Author(s):  
Ebeh Helen N.

Education is a veritable tool for sustainable national integration and security especially in a country like Nigeria that is located in a region prone to conflict and insecurity. Education is aimed at developing the individual and the society. Science education encourages students to think and act as responsible scientists by providing opportunities for them to acquire and understand relevant issues. This paper examines the relationship between science education, security and national development. The paper also discusses the role of science education in achieving national security in Nigeria, such as minimizing superstition, inculcation of scientific and functional skills and knowledge among others. It also highlighted some problems that threaten science education in playing its roles effectively in achieving national security in Nigeria. To position science education for its role in the sustenance of national security, the researcher recommends that our nation should be a scientific literate society where students are acquitted with basic knowledge, skills and attitudes needed for development of the nation.


2018 ◽  
Vol 2 (2) ◽  
Author(s):  
Oghale Omojuwouvie OKPU

The quest for national development is of different perspectives, depending on the educational orientation, ideology and concept of the writer. This paper attempts to examine the role textiles play in our national development. The development of other professional areas such as medicine, law, surveying, pharmacy and technology without art, which textile is a part, is like building a house on a muddy ground. There is no society without art and culture. The thrust of this paper is the role of textile in national development as evident in cultural, economic, social and industrial developments. The paper analyzes the role textile plays in the individual lifestyle and mode of dressing, community development in regards to their festivals, social political activities, marriages, burials, and national development. The Federal Government has a boost of it by organization of art exhibitions, trade fairs and selling of art works to tourists and travellers for exportation in which, most of our Nigerian hand-made textile goods are sold for hard currency and promotes national income.


1991 ◽  
Vol 35 (1-2) ◽  
pp. 116-127 ◽  
Author(s):  
Issa G. Shivji

The Bill of Rights is a novelty in Tanzania. As is well-known, Tanzanian Constitutions from independence to 1984 did not contain a bill of rights. Partly for this reason, legal discourse, whether in teaching or in practice, did not centre on rights issues particularly in the relationship between the state and citizen. At the Faculty of Law, University of Dar es Salaam, there developed an approach to teaching which the university calendar refers to as “the historical, socio-economic” method. The socioeconomic method emerged in contrast to the “law and development” approach which was a manifestation of the modernization theory on the legal plane. Neither of these revolved around the question of rights. Put rhetorically, “law and development” saw law essentially as an instrument of social change while the “socio-economic method” regarded law as an instrument of the ruling class. This may be a little over-simplified, but I believe broadly represents the main points of departure of, and contention between, the two schools—at least at that time at the Dar es Salaam Faculty.


2021 ◽  
Vol 6 (1) ◽  
pp. 5-15
Author(s):  
T. B. Yakonovskaya ◽  
A. I. Zhigulskaya

The paper is devoted to the urgent problem of sustainable and economically secure development of enterprises in the Tver Region peat-extracting sector of the economy. Despite the fact that peat deposits are widespread in many regions of Russia, the efficiency of their industrial and economic use is extremely low. The purpose of the study was to determine the features of the assessment and analysis of the economic security of an enterprise that develops peat deposits. The paper examines the relationship between the concepts of “peat rent” and “economic security”, and also provides the author’s interpretation of their content and essence. An analysis of the existing approaches to assessing the economic security of peat extracting enterprises was carried out, and the use of the rent approach was substantiated based on the data on the peat industry enterprises used in this study. The indicators for assessing the economic security of a peat production were identified. The authors proposed a methodological approach, a feature of which was comprehensive accounting of technical, economic, and natural factors that objectively affected the level of economic security of peat extracting enterprises. The proposed methodological approach also makes it possible to develop recommendations for increasing the flexibility and adaptability of peat extracting enterprises, taking into account the individual conditions of their work. The methodological research toolkit included the fundamentals of economic theory, information methods for processing statistical data, and economic and mathematical modeling. The methodology approbation was carried out through the example of enterprises of the Tver Region peat-extracting industry, which had been at a low ebb (in protracted economic crisis) for a long time. The conclusions, recommendations, and proposals of the study were used in the development of the Regional program “Natural Resources Management and Environmental Protection” for 2017–2022 (Order of the Tver Region Government No. 414-pp of December 26, 2016 as amended on February 7, 2020).


2020 ◽  
Vol 6 (3) ◽  
pp. 98-103
Author(s):  
Veniamin V. Lavrov

The purpose of this work is an attempt to outline some issues of possible interaction of theology and jurisprudence in the knowledge of modern legal phenomena. Interaction with Christian theology enables jurisprudence to fill its theoretical models and practical methods by referring to the Christian vision of man and interpersonal relations. The worldview revolution produced by Christianity consists largely in the assertion of the absolute importance and absolute value of the individual. At the same time, personality (a person as a subject of law, which is the bearer of subjective legal rights and obligations) is one of the key concepts in legal science and legislation. In the works on Christian anthropology special attention is paid to the understanding of human creative activity. The term spirituality used by the Russian legislation is closely connected with the theme of creative activity of the person. At the same time, the spiritual sphere is the main focus of theological research. Theological studies of the question of conscience, a single moral law, can enrich the modern philosophy of law in solving the problem of the relationship between morality and law. The doctrine of the origin of evil (ponerology) developed in Christian theology may be of some interest in the development of criminological theories explaining the causes and origin of crime. The issues of interaction between theology and jurisprudence discussed in this paper cannot claim to be the final solution. Each of these problems can itself be the subject of independent research.


Legal Studies ◽  
2010 ◽  
Vol 30 (4) ◽  
pp. 653-673
Author(s):  
James Griffin

The rise of popular music in the twentieth century has raised questions about the appropriateness of the current system of copyright law. Copyright law is based around the notion of the individual ‘romantic’ author, an individual who creates with his own innate thoughts. Copyright law provides an exploitable property right to authors – a right, in rem, which may be exercised against the rest of the world. It is a right that may be sold and transferred, a right to which fiscal value may be placed. The property paradigm of copyright is one that is exclusionary. Popular music reveals that copyright works may be collaborative in nature, and this can bring into question whether an exclusionary property-based model is appropriate. Historically, copyright has not always been based around the property paradigm; some early cases highlighted the ‘merit’ of the potentially infringing work, and they focused on the manner of creation of that potentially infringing work. Some later cases have also emphasised the manner of creation of a copyright work. These are cases that concern what is termed ‘reverse engineering’– a modern term that encapsulates how an earlier work is used in a later work. Paradigmatically, to focus on reverse engineering is to mark a move away from the property paradigm of copyright. This paper argues that to institute such a methodological approach would lead to a more accurate ontology and would thus lead to more efficient legal regulation.


Author(s):  
Brynne D. Ovalle ◽  
Rahul Chakraborty

This article has two purposes: (a) to examine the relationship between intercultural power relations and the widespread practice of accent discrimination and (b) to underscore the ramifications of accent discrimination both for the individual and for global society as a whole. First, authors review social theory regarding language and group identity construction, and then go on to integrate more current studies linking accent bias to sociocultural variables. Authors discuss three examples of intercultural accent discrimination in order to illustrate how this link manifests itself in the broader context of international relations (i.e., how accent discrimination is generated in situations of unequal power) and, using a review of current research, assess the consequences of accent discrimination for the individual. Finally, the article highlights the impact that linguistic discrimination is having on linguistic diversity globally, partially using data from the United Nations Educational, Scientific and Cultural Organization (UNESCO) and partially by offering a potential context for interpreting the emergence of practices that seek to reduce or modify speaker accents.


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