scholarly journals LEADING NORTH AMERICAN METHODS OF RESEARCH ON CHARACTERS AS OBJECTS OF INTELLECTUAL PROPERTY (ON THE BASIS OF MATERIALS OF USA FORENSIC EXPERTS)

2018 ◽  
Vol 18 ◽  
pp. 512-518
Author(s):  
I. O. Struk ◽  
M. M. Kalinichenko
Keyword(s):  
Intellectual Property ◽  
Forensic Science ◽  
North American ◽  
Evaluation Criteria ◽  
Legal Protection ◽  
Objective Evaluation ◽  
The United States ◽  
Wide Range ◽  
History Of ◽  
Analytical Tools

Characters as a component of visual and audiovisual (as well as literary) works are among the objects of intellectual property and are subject to legal protection. The task of a forensic expert is to empirically determine the characters independence level according to objective evaluation criteria that are not presented in corresponding official methods. In the present article the history of the creation and specific features of leading scientific and methodical means and research practices of characters examination as objects of copyright which became significant spread in the modern analytical practice of North American specialists in the forensic science are briefly reviewed. Thanks to efforts of leading North American forensic science in the field of characters protection as objects of intellectual property, several professional methods have been developed and tested at the same time over past few decades and are actively used in court practice. General review of two main methodological tools that are used most often is presented in this article that purpose and task is to generalize and critically analyze the main scientific and methodological concepts of North American forensic experts which are applied in the process of studying the facts of characters use as objects of copyright. Main scientific methodological "tests" used by of the United States forensic experts ("test for a sufficient level of creative expressiveness" and "test of characters embodying essential features of the work") are considered. While general research on examined methodological materials, productive analytical tools were detailed that are worthy of being included in the arsenal of modern Ukrainian forensic science. However, their effective practical application by domestic forensic experts requires a careful critical attitude, appropriate approbation, application of a wide range of research and methodological approaches.

scholarly journals EXPERIENCE OF NORTH AMERICAN FORENSIC EXPERTS ON RESEARCHES OF PERSONAGES AS OBJECTS OF THE COPYRIGHT

2017 ◽  
Vol 17 ◽  
pp. 367-373
Author(s):  
M. M. Kalinichenko ◽  
I. O. Struk
Keyword(s):  
United States ◽  
North American ◽  
Evaluation Criteria ◽  
Legal Protection ◽  
Objective Evaluation ◽  
The United States ◽  
Copyright Holder ◽  
Main Research ◽  
Analytical Technique ◽  
Associative Relation

A personage as a part of literary, visual and audiovisual works is one of intellectual property objects, and thus is the subject to legal protection. The task of forensic expert is an empirical determination of the level of personage independence on the objective evaluation criteria. Therefore, the objective and task of the article is to provide a generalized outline of the main analytical practices and scientific-methodic concepts of North American forensic specialists which are used in the process of case materials evaluation concerning personages as objects of copyright. In the United States, the key legal provision governing the protection of the author rights (the copyright holder) on personage is that such personage is protected to the extent which is defined by the so-called "source identifier" certifying the presence of associative relation of a personage under research with concrete works or commercial objects. The contemporary research also takes into account the "secondary meaning" -factor in the process ofpersonages evaluation, which is based on their value in relation to the source of origin. Forensic experts of the United States also use two main research "tests" to determine whether a personage is a subject to legal protection. The first of them, the so-called "The Character Delineation Test" which is based on the assumption that personages underdeveloped in the artistic sense, give evidence to the lack of obvious signs of author’s creativity, hence they are deprived with attributes of creative character represented in the objective form. Another common analytical technique is so-called "The Story Being Told Test" which considers a personage as an integral part of an artistic structure of the analyzed work, without which the work, as a whole, can not exist in accordance with the rules of the traditional artistic logic.

scholarly journals CLASSIFICATION OF CHARACTERS AS OBJECTS OF COPYRIGHT (EXPERIENCE OF NORTH AMERICAN FORENSIC EXPERTS)

2018 ◽  
Vol 18 ◽  
pp. 519-524
Author(s):  
M. M. Kalinichenko ◽  
I. O. Struk ◽  
Yu. S. Kharabuha
Keyword(s):  
Intellectual Property ◽  
Forensic Science ◽  
North American ◽  
The United States ◽  
General Definition ◽  
Modern Culture ◽  
Starting Point ◽  
Principles And Standards ◽  
Methodological Guidelines

The proposed article provides a general definition of the main scientific and methodological concepts of North American forensic experts. Currently this definition is actively used while classifying characters as objects of copyright for further research on facts of their possible unauthorized use. This problem is important for Ukrainian forensic experts who increasingly have to research on case materials concerning characters abuse. Leading theorists of forensic science on intellectual property in the United States of America use a comprehensive methodology for classifying characters as objects of copyright, distributing all research objects into two main categories: so-called "ordinary" (or "stock", "plain") characters and "round" characters. This classification of characters is a kind of starting point for all following researches and analytical comparisons that North American forensic experts have to perform while reviewing case materials regarding illegal use of intellectual property. Need for appropriate classification of characters in the context of conducting examinations in the field of intellectual property protection is directly related to their growing role (therefore their commercial value) in modern culture. According to statistics of judgments the number of claims for copyright protection for various works of art is increasingly reduced to protecting copyrights on characters who are considered as self-sufficient, independent objects. Considering the fact that Ukrainian specialists do not yet have enough formal methodology that will determine the generally accepted principles and standards of research on characters of intellectual property, scientific and methodological guidelines of foreign analysts can be a useful source of up-to-date information on the most effective practices of modern forensic science of the world level.

Etiology of Ventricular Septal Defects: An Epidemiologic Approach

PEDIATRICS ◽  
1985 ◽  
Vol 76 (5) ◽  
pp. 741-749
Author(s):  
Thomas B. Newman
Keyword(s):  
The United States ◽  
Incidence Rates ◽  
Identical Twins ◽  
Random Errors ◽  
Ventricular Septal Defects ◽  
Metabolic Disturbances ◽  
Cardiac Morphogenesis ◽  
Septal Defects ◽  
Wide Range ◽  
History Of

To investigate the recent 150% increase in the reported incidence of ventricular septal defects (VSDs) in the United States, the epidemiology of ventricular septal defects was examined. The apparent incidence of VSDs is highly dependent on case finding methods, and more complete diagnosis and reporting probably account for the increase in reported incidence. Variations in case ascertainment also account for the small differences in incidence in studies from different places. The several known risk factors for VSD, including a family history of congenital heart disease and exposure to certain drugs, infectious agents, and maternal metabolic disturbances, explain few cases. Incidence rates are similar in different races and seasons and are unrelated to maternal age, birth order, sex, and socioeconomic status. VSDs occur naturally in a wide range of mammals and in birds, which also have four-chambered hearts. Despite identical genes and similar prenatal environments, the concordance rate in identical twins is only about 10%. The consistency of incidence among individuals with widely differing genes and environments and the frequency of discordance in identical twins suggest that VSDs often occur as random errors in development, at a frequency largely determined by the complexity of normal cardiac morphogenesis. This hypothesis has two major implications: many VSDs are not preventable and parents need not feel responsible for VSDs in their children.

The Oxford Handbook of Quintilian

2021 ◽  
Keyword(s):  
Literary Criticism ◽  
Middle Ages ◽  
Performing Arts ◽  
Late Antiquity ◽  
The United States ◽  
Educational Programme ◽  
Theory And Practice ◽  
Visual And Performing Arts ◽  
Wide Range ◽  
History Of

M. Fabius Quintilianus was a prominent orator, declaimer, and teacher of eloquence in the first century ce. After his retirement he wrote the Institutio oratoria, a unique treatise in Antiquity because it is a handbook of rhetoric and an educational treatise in one. Quintilian’s fame and influence are not only based on the Institutio, but also on the two collections of Declamations which were attributed to him in late Antiquity. The Oxford Handbook of Quintilian aims to present Quintilian’s Institutio as a key treatise in the history of Graeco-Roman rhetoric and its influence on the theory and practice of rhetoric and education, from late Antiquity until the present day. It contains chapters on Quintilian’s educational programme, his concepts and classifications of rhetoric, his discussion of the five canons of rhetoric, his style, his views on literary criticism, declamation, and the relationship between rhetoric and law, and the importance of the visual and performing arts in his work. His huge legacy is presented in successive chapters devoted to Quintilian in late Antiquity, the Middle Ages, the Italian Renaissance, Northern Europe during the Renaissance, Europe from the Eighteenth to the Twentieth Century, and the United States of America. There are also chapters devoted to the biographical tradition, the history of printed editions, and modern assessments of Quintilian. The twenty-one authors of the chapters represent a wide range of expertise and scholarly traditions and thus offer a unique mixture of current approaches to Quintilian from a multidisciplinary perspective.

scholarly journals EXPERIENCE OF NORTH AMERICAN SPECIALISTS ON RESEARCHES OF PHOTOGRAPHIC PRODUCTS AS OBJECTS OF THE COPYRIGHT

2017 ◽  
Vol 17 ◽  
pp. 373-381
Author(s):  
I. О. Struk ◽  
M. M. Kalinichenko ◽  
Yu. S. Harabuga
Keyword(s):  
Intellectual Property ◽  
North American ◽  
Analytical Techniques ◽  
The United States ◽  
Fair Use ◽  
Easy Access ◽  
Court Case ◽  
Expert Committee ◽  
Associated Press ◽  
Expert Commission

In the modern epoch of digital techniques the photographic works gained considerable popularity and widespread use through the Internet. Because of easy access to the high- quality digital copies of photographs, unfair individuals in their business activities often use copyrighted photographic works without a license from the authors or copyright holders. Taking into account the actuality of this problem for the Ukrainian authors and national legal system, considering the prospect of establishing the High Specialized Court for Intellectual Property, and also in view of the urgent need of creating an adequate official technique for the research of photographic works as intellectual property objects, the experience of the United States specialists who studied the materials of court cases concerning infringement of copyright to the photographic works, has a significant practical value to the forensic experts of our country. Review study of the high profile case «Shepard Fairey v the Associated Press», known as «The Hope Poster case», as well as the conclusions of the expert commission, allows to consider main analytical techniques of research on photographic works as intellectual property objects, which have entered into the range of research means of modern North American court experts. The expert committee for this case reached the following conclusions: the photograph of B. Obama, created by photographers from the agency «Associated Press», cannot be considered as an original work; the graphic work under the title «The Hope Poster» authored by Sh. Fairey was found to be a variation of the photographic work of «The Associated Press»; in consideration of the low level of creative «transformativeness» of the image in the work of Sh. Fairey, his poster does not meet the conditions of the «Fair Use Doctrine». The findings of the experts forced the parties of court case to sign a conciliation agreement on such terms which are still not disclosed.

Schools & the Diversity Transition

Daedalus ◽  
2013 ◽  
Vol 142 (3) ◽  
pp. 155-169 ◽  
Author(s):  
Richard Alba
Keyword(s):  
United States ◽  
Educational Policy ◽  
North American ◽  
The United States ◽  
Educational Systems ◽  
Policy Changes ◽  
Quarter Century ◽  
Abundant Evidence ◽  
Working Age ◽  
History Of

In the next quarter century, North American and Western European societies will face a profound transformation of their working-age populations as a result of immigration, combined with the aging of native majorities. These changes will intensify the challenges of integrating the children of lowstatus immigrants. Abundant evidence reveals that most educational systems, including that in the United States, are failing to meet these challenges; and sociological theories underscore these systems' role in reproducing inequality. However, the history of assimilation in the United States shows that native-/immigrant-origin inequalities need not be enduring. An examination of variations across time and space suggests educational policy changes and innovations that can ameliorate inequalities.

A Review of Chinese Eastern Railway Study in China

2021 ◽  
pp. 63
Author(s):  
Weiyun Mа
Keyword(s):  
Soviet Union ◽  
20Th Century ◽  
Far East ◽  
The United States ◽  
Russian Language ◽  
Early 20Th Century ◽  
Qing Empire ◽  
Wide Range ◽  
History Of ◽  
The Republic

The article reviews research on Chinese Eastern Railway in China. The research on Chinese Eastern Railway in China began in the early 20th century, has a history of more than 100 years. The existing research results mainly focus on the construction of Chinese Eastern Railway and Tsarist Russia's expansion policy, negotiation between China and Russia (Soviet Union) on the railway issue, the contradictions and struggles of Japan and the United States around the railway problem and so on. These documents cover a wide range of issues which almost involve the political, diplomacy, economy and trade, culture and other fields of international relations in the Far East from the end of the 19th century to the beginning of 20th century, provide a broad vision for the study of Chinese Eastern Railway. But there are problems in the research. Although there are many works on Chinese Eastern Railway, but most discussions are limited to a certain stage, there are few works on the whole history of Chinese Eastern Railway. Not only should we pay attention to the study of the early 20th century in other words the period of the Qing Empire, moreover, we should strengthen the research in the period of the Republic of China and the new China period, this is of great significance to the study of the whole history of Sino — Soviet relations. In addition due to specific historical conditions, part of the Russian data of Chinese Eastern Railway in China was lost, in addition, there is no detailed and authoritative reference book for Russian archives of Chinese Eastern Railway, this situation makes the cited materials in Chinese works appear too old the materials cited in the book seem too old. The authors thank for proofreading and examining the translation A.I. Kobzev, Ph.D. (Philosophy), professor, director of China Department, Institute of Oriental Studies, Russian Academy of Sciences, director of TSC of Humanities and Social Sciences and director of Philosophy Department of MIPT (SRI), director of TSC «Oriental Philosophy» of RSUH, Chief researcher of Russian language, literature and culture research center of Heilongjiang University.

Anti-Catholicism in the United States

2016 ◽  
Author(s):  
Mark S. Massa
Keyword(s):  
United States ◽  
Cultural History ◽  
North American ◽  
The United States ◽  
Human Society ◽  
Boundary Maintenance ◽  
Different Types ◽  
History Of ◽  
American Society ◽  
American Catholic

Historian John Higham once referred to anti-Catholicism as “by far the oldest, and the most powerful of anti-foreign traditions” in North American intellectual and cultural history. But Higham’s famous observation actually elided three different types of anti-Catholic nativism that have enjoyed a long and quite vibrant life in North America: a cultural distrust of Catholics, based on an understanding of North American public culture rooted in a profoundly British and Protestant ordering of human society; an intellectual distrust of Catholics, based on a set of epistemological and philosophical ideas first elucidated in the English (Lockean) and Scottish (“Common Sense Realist”) Enlightenments and the British Whig tradition of political thought; and a nativist distrust of Catholics as deviant members of American society, a perception central to the Protestant mainstream’s duty of “boundary maintenance” (to utilize Emile Durkheim’s reading of how “outsiders” help “insiders” maintain social control). An examination of the long history of anti-Catholicism in the United States can be divided into three parts: first, an overview of the types of anti-Catholic animus utilizing the typology adumbrated above; second, a narrative history of the most important anti-Catholic events in U.S. culture (e.g., Harvard’s Dudleian Lectures, the Suffolk Resolves, the burning of the Charlestown convent, Maria Monk’s Awful Disclosures); and finally, a discussion of American Catholic efforts to address the animus.

Dent Management Program

2004 ◽  
Author(s):  
Jackie McCoy ◽  
Scott Ironside
Keyword(s):  
The United States ◽  
Management Program ◽  
Assessment Model ◽  
Third Party ◽  
Time To Failure ◽  
Pipe Material ◽  
Engineering Analysis ◽  
Wide Range ◽  
History Of ◽  
Project Lead

Enbridge Pipelines Inc. owns and operates the world’s longest hydrocarbon transmission system, which traverses across the varying geophysical landforms of Canada and the United States. These pipelines range in diameter from 12” to 48” and were constructed between 1950 and 2003. The wide range of pipe sizes, practices used for construction, and landforms traversed result in a very challenging Dent Management Program. Standards such as CSA Z662-99, ASME B31.4, and B31.8 provide a criterion for the selection of dents that require repair. Experience has shown that these standards do not identify all dents that have a possibility of failure due to leak or rupture. Enbridge initiated a project to study dents with BMT Fleet Technology of Kanata Ontario, this study determined that the dent geometry in addition to the depth to pipe diameter ratio affects the propensity that a dent will fail. Recent research and development by a group sponsored project lead by BMT Fleet technology on dent characterization has combined the pipeline’s cyclic pressure history with the shape of the dent to predict a time to failure. Enbridge combines these tools along with new insights from field excavations into its Dent Management Program. The Dent Management Program includes a series of prioritization’s to determine which sections of pipelines require detailed dent analysis. Typical prioritization criteria are rocky terrain, larger occurrence of third party damage, and history of numerous dents or failures. The detailed analysis utilizes the BMT Fleet “Dent Characterization Criteria” which was developed using their Finite Element Dent Assessment Model. This model considers the geometry of the dent, pipe material properties and historical pressure data to predict a time to failure for each dent. This time to failure prediction requires some additional engineering analysis depending on how close the parameters of the actual pipe are to what was validated with the model. This engineering analysis will determine which dents are selected for excavation and examination. This model has provided Enbridge with a tool to better manage its dent program, and this will be proposed as an option to improve the existing standards.

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