A study on the music royalty for audiovisual work transmission services

2021 ◽  
Vol 34 (3) ◽  
pp. 45-79
Author(s):  
Hyun-sook Kim
Keyword(s):  
Author(s):  
Anatolii Kodynets ◽  
Arsen Murashko

Keywords: video game, intellectual property law, computer program, software, digitalinformation, electronic information, multimedia work, audiovisual work The article is devoted to thestudy of the legal understanding of video games as an object of intellectual propertyrights. The author concludes that video games constitute digital information, whichgreatly facilitates their development, however, complicates the protection of intellectualproperty rights. There is a contradictory connection between the concepts of«electronic (digital) information», «audiovisual work», «computer program» and «literarywork», which establishes some uncertainty in the protection of video games,namely, what should be understood by these concepts in terms of law.The author found that the use of the latest technologies to improve the visual componentbrings the video game even closer to the game audiovisual object, which increasesthe complexity of the process of protection of intellectual property rights. However, thecurrent situation with the use of the term «computer program» in the context of protectionof intellectual property rights to video games does not cover all features of the latter,covering only the main program among the software recording and operation of thegame, such as audiovisual content. Therefore, there is a need to use the generalized conceptof «software» as opposed to the narrower concept of «computer program». In thiscase, in the absence of at least one of the characteristics of the multimedia work, the computerprogram should be referred to the scope of legal regulation of software.The author proposed to understand the video game as object of intellectual propertylaw in the following manner: multimedia work expressed in the form of digital(electronic) information, the principle of which is determined by the algorithms of thesoftware provided for installation in the memory of computer devices.In general, the digital nature of video games presupposes a revision of existing approachesto the protection of intellectual property rights, which may be aimed atweakening the regulatory function of the law where it is possible to regulate the relationshipby more flexible means.


2021 ◽  
Vol 9 (3) ◽  
pp. 493-506
Author(s):  
Agnieszka Grzesiok-Horosz

The Audiovisual Producer – Concept and Legal Position The production of audiovisual forms is organisationally and economically complicated. The issues “inside” audiovisual work, as well as the huge costs of production and distribution, or the potential income from their dissemination in various fields of exploitation, may cause conflicts between authors, producers, and users. That is the reason why balancing these interests requires a rational intervention of the legislator. The aim of the considerations is to find an answer to the question about an audiovisual producer and their legal position in the light of legal acts and practice. There are very few opinions on this subject and the article aims to fill the existing cognitive gap. The research problem is presented by law regulations, using the formal and dogmatic method.


Author(s):  
Holly Rogers

This article appears in theOxford Handbook of New Audiovisual Aestheticsedited by John Richardson, Claudia Gorbman, and Carol Vernallis. Video art can be highly intermedial. Image and sound are recorded and projected simultaneously, so the user can create live, audiovisual work. This chapter argues that the audience engagement encouraged by video art has changed significantly since it became commercially available. Early video works involved interactivity, intermediality, and the closed-circuit feed. They were often part of multimedia events rather than appearing on their own; therefore the early years of video work can be placed within a temporal, historical liminality. More recent pieces form a coherent body of work. Often shown on flat screens in darkened rooms, they offer predetermined audiovisual narratives that immerse visitors, placing them within a spatial liminality between the video world and the gallery space. Although context is vital to both styles, the activation of space and the audiovisual relationships within it are articulated and activated very differently.


Author(s):  
Michaela D. Willi Hooper

I undertook this paper so that I, along with other librarians and educators, could better understand how to comply with copyright law, conserve university resources, and streamline services to students regarding the procurement of public performance rights (PPR) for films and other audiovisual resources. Student groups frequently screen films on campuses, and accepted legal interpretations of sections 101 and 106 of the 1976 Copyright Act indicate that a specific license should be sought for any public performance of a copyrighted audiovisual work. My review of PPR information on the public websites of the 38 members of the ORBIS-Cascade Alliance (an academic library consortium in the Northwest) points to the potential for greater collaboration with student affairs professionals and other campus departments to provide more accurate and complete information about PPR and library audiovisual resources (e.g., DVDs or streaming media) that have PPR attached. Campus-focused resources about PPR should include information about fair use, educational exemptions, public domain, open licenses, and library-licensed content that comes with PPR. The academic library community could undertake a project to enhance the accessibility of accurate and supportive PPR information to student groups by creating tools or best practices. This area is ripe for more current research.


2021 ◽  
Author(s):  
LAURA CABALLERO TRENADO

<p>How is a video game legally protected? In Spain there is no specific regulation that shields the creation of a video game. This absence implies that we have to conceive a video game as a mosaic of separate pieces and treat them as different works, in order to grant it comprehensive protection. Thus, on the one hand, it is necessary to process and register the computer program (software) that supports the video game. On the other, the same must be done with the visual part (audiovisual work). This Article deals with the protection of the software and the graphic part, as well as the catalog of rights inherent to both. There are many “gray areas” presented by the abundant casuistry, which is a challenge from the legal point of view. Due to the above, given that the legislation on the subject is insufficient to answer all the questions, it is necessary to resort to the jurisprudence of the Court of Justice of the European Union (CJEU), in order to clarify and delimit the scope of the different ways of protecting a video game, since, according to what has been pointed out, there is no glimpse of a proposal to standardize this matter on the near horizon.</p>


2021 ◽  
pp. 28-34
Author(s):  
E. Horyslavets

The relevance. The problems of addressing the issue of crisis phenomena in the development of cinematic language is due to the need to identify and study the contradiction between the need to update the cinematic language and established audience stereotypes in the rigidly established semiotic code of cinema. The development of clip­thinking against the background of the transition from book culture to media culture facilitated the emergence of a new cinematic language, which gave impetus to shift the emphasis of semiotic code from frame­sign, frame­symbol to defragmentation of time pause between structural elements of multi­series audiovisual work: episodes and seasons. The purpose of the article is to describe the transition from “sign language” to “time language” as a logical revolutionary transformation of the classical language of cinema. The methodology is based on culturological, historical and semiotic approaches. The results. The development of modern technologies has led to a significant shift of emphasis from cinema towards the series. This was due to the possibility of expanding the story into projects, where the plot, characters and conflicts can be covered more deeply. A multi­series film can now better reveal the plot narrative, where there are more than twenty story lines and about two hundred important plot twists. Thus, the revolutionary changes in the semiotic code of the cinematic language have shifted towards serial creativity, which cannot be considered second­rate or low­quality — this is a fundamentally different set of logic. If you watch any good series according to the rules of watching a movie, where the frame is a hieroglyph, the result will be really bad. But if you apply clip­thinking­based principle of viewing, where the basic unit of information is time, the result will be completely different. A new cinematic language emerged due to the development of clip­thinking against the background of the transition from book culture to media culture, which gave impetus to shift the emphasis of semiotic code from frame­sign, frame­symbol to defragmentation of time pause between structural elements of multi­series audiovisual work: episodes and seasons. The topicality. Different approaches to the problem of understanding cinematic text as a complex semiotic device are determined by cultural codes. The article develops a conceptual approach which is based on the fact that the transition from the memory culture and text culture to media culture is accompanied by a rethinking of the semiotic code syntax of the audiovisual work, that is its language that changes rethinking traditional discourse of the semiotics of audiovisual work. The practical value. In the perspective of art history, the primary basis of cinema is a specific language developed throughout the history of cinema, which must develop, because the language that does not develop becomes a dead language. It is the understanding of cinematic language, the ability to freely express one’s ideas and be understandable to the viewer, allows the author to express his/her idea in cinema. Conclusions. The formation of clip­thinking in the era of media culture significantly encourages the search for new ways to develop the semiotic code of cinematic language. These processes should be in the field of close attention not only of art critics, but also of culturologists, sociologists, philologists and philosophers. Today, the emphasis of traditional cinema is gradually shifting from local history to expanding of its boundaries to infinity, that is the lack of a rigid structured entry point — transmedia storytelling. Time is a new constant of media text as opposed to cinematic text. The evolutionary development path of the language of traditional cinema did not stop, and the revolution did take place in the serial space, which led to the emergence of a new media syntax.


2016 ◽  
Vol 7 (4) ◽  
pp. 26-39
Author(s):  
Alejandra Boni ◽  
Monique Leivas ◽  
Teresa De La Fuente ◽  
Sergio Belda-Miquel

Can digital technologies serve to highlight and strengthen the work of social organizations that promote human development? This is the question the authors want to answer in this article, in which they analyse an eight-month participatory video (PV) process, promoted by a group of university researchers and conducted in collaboration with two grassroots innovations (GI) in the city of Valencia (Spain): the Fuel Poverty Group and Sólar Dómada. The innovative component of PV is situated in two areas: firstly, as an action research methodology, the PV process enables people's participation, with the aim of generating learning, agency and contextual knowledge from the participants; secondly, the innovation is found in the product, the video itself. The video narratives can be used to disseminate the practices of the GIs and offer a space for critical reflection on the structural constraints that may hamper the diffusion of innovations. Furthermore, the audiovisual work itself has its own agency and has the potential to create opportunities for advocacy and contribute towards removing barriers that limit human development.


2021 ◽  
Author(s):  
LAURA CABALLERO TRENADO

<p>How is a video game legally protected? In Spain there is no specific regulation that shields the creation of a video game. This absence implies that we have to conceive a video game as a mosaic of separate pieces and treat them as different works, in order to grant it comprehensive protection. Thus, on the one hand, it is necessary to process and register the computer program (software) that supports the video game. On the other, the same must be done with the visual part (audiovisual work). This Article deals with the protection of the software and the graphic part, as well as the catalog of rights inherent to both. There are many “gray areas” presented by the abundant casuistry, which is a challenge from the legal point of view. Due to the above, given that the legislation on the subject is insufficient to answer all the questions, it is necessary to resort to the jurisprudence of the Court of Justice of the European Union (CJEU), in order to clarify and delimit the scope of the different ways of protecting a video game, since, according to what has been pointed out, there is no glimpse of a proposal to standardize this matter on the near horizon.</p>


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