scholarly journals Catch-up and Time shift as ways to use copyright and related rights

2021 ◽  
pp. 43-50
Author(s):  
Konstiantyn Zerov
Keyword(s):  
Service Providers ◽  
Time Shift ◽  
Communication To The Public ◽  
The European Union ◽  
The Public ◽  
Software Service ◽  
Catch Up ◽  
The Moment ◽  
The Right ◽  
Right Of Reproduction

Zerov K. Catch-up and Time shift as ways to use copyright and related rights. Based on the provisions of the current Ukrainian legislation and the legislation of the European Union, the legal nature of the Catch-up right and the Time Shift right is investigated, and their place among other ways of using objects of copyright and related rights is determined as a combination of the right of reproduction and the right of communication to the public. The right of reproduction is applicable in the case of Catch-up right and Time Shift because when recording on the server of the software service provider of the broadcasting and (or) broadcasting program, theirnew fixation is created. The right of communication to the public is applicable in the case of Catch-up right and Time Shift because it combines «an act of communication» — uses a specific technical means different from that of the original communication, and is aimed at the «public.» In the case of Catch-up right and Time Shift, it is irrelevant whether the potential recipients access the communicated objects through a one-to-one connection because this technique does not prevent a large number of persons from having access to the same work at the same time.It was determined that these rights are granted to program service providers and other persons who retransmit programs of a broadcasting organization based on license agreements, which are paid and additional to the main contract for retransmission of a broadcasting organization's program. Moreover, the rights to Catch-up and Time Shift are limited in time (usually up to 7 calendar days for Catch-up and 24 hours for Time Shift from the moment of live broadcast). In the absence in the agreement of the conditions regarding the type of license, territory, and term of the agreement, the general provisions set out in Part 4 of Art. 1109, part 7 of Art. 1109 and part 3. Art. 1110 of the Civil Code of Ukraine, are appliable respectively. But usually these conditions may be different and more limited from the main license agreement for retransmission, for example Catch-up and Time Shift are geo-targeted to a specific area.Key words: Catch-up, Time Shift, communication to the public, reproduction, IPTV 

The Direct Liability of Intermediaries

2020 ◽  
pp. 334-348
Author(s):  
Eleonora Rosati
Keyword(s):  
Case Law ◽  
Communication To The Public ◽  
The European Union ◽  
The Public ◽  
Court Of Justice ◽  
The Right ◽  
Secondary Liability ◽  
Direct Primary ◽  
Pirate Bay ◽  
User Activities

This chapter discusses one of the most relevant developments in respect of online intermediaries, that is their direct (primary)—rather than just secondary—liability in relation to user activities, including user-uploaded content. The Court of Justice of the European Union (CJEU) has expressly envisaged the possibility of direct liability for copyright infringement in the context of its increasingly expansive case law on the right of communication to the public within Article 3(1) of Directive 2001/29, including the 2017 decision in C-610/15 Stichting Brein (The Pirate Bay case). This chapter explains how the CJEU has come to consider the possibility of direct liability of intermediaries in relation to user activities and undertakes a reflection on the implications of said approach, also including the possibility of extending the reasoning in Stichting Brein to less egregious scenarios than the Pirate Bay.

Indexing

2021 ◽  
pp. 271-288
Author(s):  
Poorna Mysoor
Keyword(s):  
Search Engines ◽  
Service Providers ◽  
The Internet ◽  
Internet Service ◽  
The Public ◽  
Content Sharing ◽  
Implied Licence ◽  
The Right ◽  
Right Of Reproduction

This chapter deals with indexing. Indexing is typically engaged in by internet service providers of different kinds, such as search engines, content aggregators, and online content sharing platforms, including social media. Indexing is the background process that tries to achieve greater accessibility of the content on the internet. However, this process may engage the right of reproduction and the right of communication to the public, and therefore, must be considered separately. Based on the indexing capabilities and to facilitate deeper analysis, this chapter classifies the providers into search engines, content sharing platforms, news aggregators and other content aggregators. The chapter explains how courts have tried to deal with this issue and argues for a greater role of implied licences to address the issues of copyright infringement. While indexing of content that is placed on the internet by or with the copyright owner’s consent can benefit from consent-based implied licence, indexing of the content that is placed on the internet without the copyright owner’s consent may benefit from a policy-based implied licence, saving them from liability for indexing infringing content under certain circumstances.

Within the Public-Private Divide. Right to Housing and Consumer Law in Recent European Private Law Trends

Global Jurist ◽  
2018 ◽  
Vol 19 (2) ◽  
Author(s):  
Rocco Alessio Albanese
Keyword(s):  
Fundamental Rights ◽  
Private Law ◽  
The European Union ◽  
The Public ◽  
Consumer Law ◽  
Charter Of Fundamental Rights ◽  
Recent Trends ◽  
New Perspective ◽  
The Right ◽  
Protection Of Right

Abstract This paper intends to discuss some major European legal issues by building on the critique of a certain narrow relevance of human basic needs, according to traditional Western legal conceptions of the subject as well as of the public-private divide. In particular it aims at verifying the potentiality of consumer law for rethinking the right to housing, within recent trends of European Private Law, by adopting a remedial approach. For this reason the paper analyzes three well-known cases decided by the Court of Justice of the European Union (CJEU) – namely Aziz, Sanchez Morcillo and Kušionová – as examples of this meaningful trend. Through the combination of the fairness test over contractual terms with the criteria of effectiveness and proportionality, a broader protection of right to housing is recognised even in horizontal private relationships. Art. 7 of the EU Charter of Fundamental Rights (CFREU) could represent the constitutional reference for this new perspective. The paper also intends to show how the relevance of the basic need for housing is traced to debtor's families. CJEU's interpretative itinerary seems to start from a fairness test about contractual terms, but eventually comes to give protection to subjective situations that are even out of the domain of the contract.

scholarly journals The new European Union space policy in order to maintain Europe’s position among space leaders

2019 ◽  
pp. 20-31
Author(s):  
Piotr Kolczynski
Keyword(s):  
European Union ◽  
Outer Space ◽  
Public Institutions ◽  
Space Policy ◽  
The European Union ◽  
Private Companies ◽  
The Public ◽  
Eu Member States ◽  
Challenges And Opportunities ◽  
The Right

This paper analyzes the current EU space strategy and confronts it with existing global challenges in the space sector. The ultimate aim of this research is to recommend a well-adjusted space policy for the European Commission to ensure effective and sustainable exploration and use of outer space for the benefit of all EU member-states. In order to draft the most efficient space policy, the uniqueness of Europe’s space sector is studied. This paper argues that the EU space policy has to focus on guaranteeing European autonomy in access and use of outer space. The author extensively analyzes the challenges and opportunities related to dynamic development of private space sector’s activities. Emphasis is made on the significance of symbiotic cooperation between the public institutions and private companies regarding mutual benefits. The paper concludes that it is the right time for the European Union to build a bold and prospective space policy.

E-Frameworks to Optimize Public Administration Services

2012 ◽  
pp. 267-296
Author(s):  
Decebal Popescu ◽  
Nirvana Popescu ◽  
Ciprian Dobre
Keyword(s):  
Public Administration ◽  
Service Providers ◽  
Real Life ◽  
The European Union ◽  
Business Organizations ◽  
Automatic Data ◽  
The Public ◽  
Doing Business ◽  
Reliable Source ◽  
The Relationship

Public administration is subject to major changes affecting many countries, such as the need to implement the European Union Services Directive within the entire EU area. This chapter presents theoretical and practical approaches to developing e-Services and e-Government solutions and real experiences in developing two successful projects with great potential to improve complex Government procedures. The Point of Single Contact is an electronic means through which service providers can find information and complete the formalities necessary to doing business there. Each EU member state must have its own PSC, which should be a reliable source of electronic processing of information that should facilitate the interaction of citizens with the public administration. The design and implementation details of an e-Framework for optimizing the relationship between Governments and citizens using eServices will be presented. Evaluation results obtained by integrating a real-life workflow for opening a business in the Romanian environment are shown. Also, in order to optimize automatic data transfers, document workflows, and business reporting of business organizations, an e-Services system is used.

11. Copyright in the digital environment

2019 ◽  
pp. 274-304
Author(s):  
Andrew Murray
Keyword(s):  
Public Relations ◽  
Information Society ◽  
Copyright Law ◽  
The Internet ◽  
Communication To The Public ◽  
Digital Environment ◽  
Considerable Time ◽  
The Public ◽  
The Right ◽  
Public Right

This chapter examines copyright issues from copying and distributing information from the internet. It considers the discussion focuses on how the internet has challenged the application and development of copyright law, considering web-copyright concerns such as linking, caching, and aggregating, citing Google Inc. v Copiepresse SCRL. It spends considerable time discussing the operation of the temporary eproduction right though key cases Infopaq International, and Public Relations Consultants Association v Newspaper Licensing Agency. The analysis then moves on to examine the communication to the public right created by the Copyright and Related Rights in the Information Society Directive, examining the application of the right through key cases such as Nils Svensson v Retriever Sverige, GS Media v Sanoma Media, and Stichting Brein v Ziggo BV.

Recurring ideas: Searching for the roots of right-wing populism in Eastern Europe

2020 ◽  
Vol 23 (6) ◽  
pp. 989-997
Author(s):  
Dorota Szelewa
Keyword(s):  
Eastern Europe ◽  
Individual Responsibility ◽  
Right Wing ◽  
The European Union ◽  
Domestic Sphere ◽  
The Public ◽  
Right Wing Populism ◽  
Biological Reproduction ◽  
The Right ◽  
Communist Countries

The main sets of ideas that dominated discourses on market-making and democratization in Eastern Europe during the 1990s concerned: first, the superiority of market-led mechanisms of exchange and distribution with individual responsibility and entrepreneurship; and second, the conservative gender order, with women disappearing from the public domain, now being responsible for domestic sphere and the biological reproduction of the nation. Suppressed when these countries were on the path for joining the European Union, the ideas have been now recurring in a new form, representing the basis for the right-wing populist turn in several of the post-communist countries.

Constitutional nature and content of the right to restitution of an expropriated property

2020 ◽  
Vol IV (IV) ◽  
pp. 20-34
Author(s):  
Kamil Zaradkiewicz
Keyword(s):  
Public Investment ◽  
Property Management ◽  
Real Property ◽  
Expiry Date ◽  
The Real ◽  
The Public ◽  
Constitutional Principle ◽  
Public Purpose ◽  
The Moment ◽  
The Right

The Act of 4 April 2019 on amending the Act on Real Property Management added a provision temporarily limiting the possibility of demanding restitution of the expropriated property. On the basis of the new provision, the right of the previous owner or its legal successors to restitute the expropriated property has ceased to be of perpetual nature. This right may not be exercised, as it previously was the case, at any time, as it expires 20 years from the date on which the decision to expropriate became final. This solution should be assessed negatively, as it deepens the non-constitutional nature of the statutory mechanism of restitution of expropriated real property, which makes the demand for restitution dependent on whether the public objective has been assumed (i.e. started to be implemented). If this is the case, then, in the light of the Real Property Management Act of 1997, the restitution of real property can never be claimed, and therefore even if such an objective in the future ceases to be implemented (e.g. as a result of the end of the operation of the real property as part of a public investment). However, in the light of the constitutional arrangements relating to the guarantee of ownership, the right to restitution of the expropriated property should always be vested in the expropriated owner or his/her legal successors whenever the public objective justifying the expropriation has not arisen as well as when it ceased to be implemented. In any event, the condition for claiming restitution shall be a claim made by the person concerned and a return of an appropriate, indexed sum paid as compensation for expropriation. The constitutional principle of the protection of individual status of property of the owner results in the “conditionality” of the transfer of ownership by way of expropriation to the State or another entity. Any existence and implementation of an appropriate objective justifying the expropriation for a public purpose, grants of the ownership and its permanence on the part of these entities. As a consequence, also the possible expiry date of the claim for the restitution of the property, expropriated after the expiry of the public purpose, should run from the time of such expiry and not from the moment when the decision about expropriation became final.

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