scholarly journals Copyright in the Contemporary Circus Art

2018 ◽  
pp. 184-191
Author(s):  
Oleh Pospielov
Keyword(s):  
Performing Arts ◽  
Legal Protection ◽  
Legal Issues ◽  
Copyright Issue ◽  
Artistic Creation ◽  
Individual Features ◽  
The Law ◽  
The One ◽  
The Individual ◽  
The Eu

The article is dedicated to the research of the problems of obtaining and protecting copyright in the circus industry, the problem of plagiarism in circus art, and the problem of professionalism in the circus performing arts. In Ukraine there is no special Law on Circuses. Because of that there are some difficulties with the application of the Law on Copyright to Circus Arts, in particular to the original stunts, acts and show programs created by circus performers and directors. In the EU, copyright issue is also an important factor for circus artists. The circus performer as a creator of the original act needs legal protection of an individual artistic creation, but it is very difficult to prove and legally justify the individual features of a certain stunt in the circus art. Another performer may bring some small changes to the same trick, and declare it as his original one, and even prove that it differs from the one created by another artist. In the Circus Art, the reproduction and copying of stunts is more in the field of ethics than of legal issues. There is no obvious and quick solution of this problem today.

Conscientious Objection (European and American approaches)

Law and World ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 115-144
Keyword(s):  
Deep Understanding ◽  
Legal Protection ◽  
Legal Aspects ◽  
Conscientious Objection ◽  
State Regulation ◽  
Legal Responsibility ◽  
State Regulations ◽  
Conscientious Objectors ◽  
The Law ◽  
The Individual

The Article concerns the legal issues, connected with the situation, when a person (or group of people) disobey requirements of the Law or other State regulations on the basis of religious or nonreligious belief. The Author analyses almost all related issues – whether imposing certain obligation on individuals, to which the individual has a conscientious objection based on his/her religious beliefs, always represents interference with his/her religion rights, and if it does, then what is subject of the interference – forum integrum or forum externum; whether neutral regulation, which does not refer to religion issues at all, could ever be regarded as interference into someone’s religious rights; whether opinion or belief, on which the individual’s objection and the corresponding conduct is based, must necesserily represent the clear “manifest” of the same religion or belief in order to gain legal protection; what is regarded as “manifest” of the religion or other belief in general and whether a close and direct link must exist between personal conduct and requirements of the religious or nonreligious belief; what are the criteria of the “legitimacy” of the belief; to what extent the following factors should be taken into consideration : whether the personal conduct of the individual represents the official requirements of corresponding religion or belief, what is the burden which was imposed on the believer’s religious or moral feelings by the State regulation, also, proportionality and degree of sincerity of the individual who thinks that his disobidience to the Law is required by his/her religious of philosofical belief. The effects (direct or non direct) of the nonfulfilment of the law requirement (legal responsibility, lost of the job, certain discomfort, etc..) are relevant factors as well. By the Author, all these circumstances and factors are essencial while estimating, whether it arises, actually, a real necessity and relevant obligation before a state for making some exemptions from the law to the benefi t of the conscientious objectors, in cases, if to predict such an objection was possible at all. So, the issues are discussed in the prism of the negative and positive obligations of a State. Corresponding precedents of the US Supreme Court and European Human Rights Court have been presented and analysed comparatively by the Author in the Article. The Article contains an important resume, in which the main points, principal issues and conclusion remarks are delivered. The Author shows, that due analysis of the legal aspects typical to “Conscientious objection” is very important for deep understanding religious rights, not absolute ones, and facilitates finding a correct answer on the question – how far do their boundaries go?

scholarly journals Territoriality Beyond the State: The EU’s Territorial Claims and the Search for Their Legitimacy

2021 ◽  
Vol 22 (4) ◽  
pp. 650-672
Author(s):  
Josef Weinzierl
Keyword(s):  
The State ◽  
Political Community ◽  
The Other ◽  
Main Question ◽  
Eu Law ◽  
European Level ◽  
Territorial Claims ◽  
The One ◽  
The Individual ◽  
The Eu

AbstractQuite a few recent ECJ judgments touch on various elements of territorial rule. Thereby, they raise the profile of the main question this Article asks: Which territorial claims does the EU make? To provide an answer, the present Article discusses and categorizes the individual elements of territoriality in the EU’s architecture. The influence of EU law on national territorial rule on the one hand and the emergence of territorial governance elements at the European level on the other provide the main pillars of the inquiry. Once combined, these features not only help to improve our understanding of the EU’s distinctly supranational conception of territoriality. What is more, the discussion raises several important legitimacy questions. As a consequence, the Article calls for the development of a theoretical model to evaluate and justify territoriality in a political community beyond the state.

Jak szukać i nie pogubić się w gąszczu przepisów? Problematyka prawna poszukiwań genealogicznych

2021 ◽  
pp. 179-192
Author(s):  
Aleksandra Kluczewska ◽  
Keyword(s):  
Death Certificate ◽  
Personal Data ◽  
Legal Issues ◽  
Legal Regulations ◽  
Valuable Source ◽  
Eu Regulation ◽  
Legal Problems ◽  
The Law ◽  
Administrative Courts ◽  
The Eu

For a genealogist, each birth, baptism, marriage and death certificate is a valuable source of research. It turns out, however, that genealogists in their work encounter obstacles related to the restriction of access to these sources. This “brake” is legal regulations that can effectively discourage a genealogist from continuing their research. The aim of this article is to present the legal issues of genealogical research, especially in terms of the practice of applying the law and emerging problems in jurisprudence. In her article, the author presented the currently existing legal regulations, which in some cases may hinder genealogists from accessing searches, including legal problems related to the EU Regulation on the Protection of Personal Data (GDPR) in force since May 2018. The article also presents the problem of access to genealogical research from its practical side, recalling the decisions of Provincial Administrative Courts and the Supreme Administrative Court.

Kriterien der ethnischen Identität

1983 ◽  
Vol 7 (1) ◽  
pp. 21-42
Author(s):  
Harald Haarmann
Keyword(s):  
Ethnic Identity ◽  
A Priori ◽  
Real Life ◽  
Problem Area ◽  
Methodological Issues ◽  
Large Measure ◽  
Individual Features ◽  
The One ◽  
The Individual

SUMMARY Criteria for Ethnic Identity Despite numerous publications on theoretical and methodological issues regarding ethnic identity (ethnicity), many methodological problems relative to this topic remain insufficiently clarified. This article deals particularly with the problems involved in establishing and evaluating criteria of ethnic identity. The author assigns the complex of problems regarding ethnic identity significant status within a theory of the ecology of language. Specific points covered in methodological issues involving the formation of concepts and application of terminology involve: 1. problems of the weighting of distinctive features; 2. problems in the mutual boundary-marking between ethnic groups (i.e., problems of ethnic borders); 3. problems in the changeability of ethnic identity; 4. problems in the correlation of language and ethnicity; 5. problems of the polarity of subjective and objective features of ethnicity; 6. problems of multiple identities and the role of ethnic identity; 7. problems in the historical dimension of ethnic identity; 8. problems in the linking of groups within language communities of the same national identity. In international sociological and sociolinguistic research, unanimity of opinion exists only on the fact that ethnic identity cannot be characterized by a single feature but rather by a series of individual features (the accumulation of features). The priorities to be attached to the individual features are in large measure disputed. The author proceeds from the assumption that ethnic identities in real life are formed through a stronger or weaker dominance of individual features; they should be characterized accordingly. An unacceptable a priori evaluation or weighting of features is thus avoided. In the specific context of a long-term research program on the smaller language communities and ethnic languages of Europe, the author particularly examines the role of language in ethnicity. Contrary to most previous contributions to discussions of this problem area, the author distinguishes between the general linguistic affiliation as a characteristic of ethnic identity on the one hand (cf. the relationship in point 4) and the criterion of language-oriented group formations (cf. relationship in point 8). The problem area of the principle of language community is illustrated using the example of the Transcarpathian Gypsies in the Ukraine. RESUMO Kriterioj de la etna idento Malgraŭ multaj ĝisnunaj eldonajoj pri la etna idento (etneco), multaj metodaj pro-blemoj rilataj al tiu temaro restas nesufice klarigitaj. La jena artikolo aparte traktas la problemaron de la starigo kaj elvalorigo de kriterioj de la etna idento. La autoro al-jugas al la problemaro pri la etna idento gravan rangon interne de teorio pri la lingva ekologio. Apartaj punktoj, traktitaj en metodaraj demandoj, rilataj al la formado de konceptoj kaj la apliko de terminaro, estas: 1. problemaro pri la elvalorigo de karakteraj trajtoj; 2. problemaro de la reciproka limigo inter etnaj grupoj (t.e. problemoj pri etnaj limoj); 3. problemaro pri la šanĝebleco de la etna idento; 4. problemaro pri la rilato inter lingvo kaj etneco; 5. problemaro pri la polusigo de subjektivaj kaj objektivaj trajtoj de etneco; 6. problemaro de pluroblaj identoj kaj la rolo de etna idento; 7. problemaro ce la historia dimensio de la etna idento; 8. problemaro de la formiĝo de grupoj interne de lingvaj komunumoj de la sama nacia idento. En la internacia sociologia kaj socilingvistika esplorado, unuanimeco de opinio ekzistas nur pri la fakto, ke ne eblas karakterizi la etnan identon nur per unusola trajto, sed, male, per aro da opaj trajtoj (la kuniĝo de trajtoj). Oni grandparte disputas pri la prioritato, kiun oni aljuĝu al la opaj trajtoj. La autoro progresas ek de la asumo, ke la etnaj identoj en la vera vivo estas formitaj per, jen pli forta, jen pli malforta, rego de opaj trajtoj; oni karakterizu ilin lau tio. Tiel, oni evitas neakceptindan aprioran elvalorigon au elpezigon de trajtoj. En la aparta kunteksto de longdaura esplorprogramo pri la pli malgrandaj lingvaj komunumoj kaj etnaj lingvoj de Europo, la autoro aparte pristudas la rolon de la lingvo ce la etneco. Kontraue al la plejmultaj ĝisnunaj kontribuoj al diskutoj pri tiu problemaro, la autoro distingas inter la ĝenerala lingva aparteno kiel trajto de la etna idento unuflanke (komparu la rilton ce punkto 4) kaj la kriterion de la formigo de grupoj surbaze de lingvo (komparu la rilaton ce punkto 8). La problemaro de la prin-cipo de la lingva komunumo estas ilustrita per la ekzemplo de la transkarpataj ciganoj en Ukrajnio.

Vergaberechtsschutz im Spannungsfeld zwischen Beschleunigungsgebot und Gewährung effektiven Rechtsschutzes

2019 ◽  
Author(s):  
Hsi-Ping Chen
Keyword(s):  
Rule Of Law ◽  
Public Procurement ◽  
German Law ◽  
Legal Protection ◽  
The Other ◽  
The Rule Of Law ◽  
Other Hand ◽  
The One ◽  
Substantive Law ◽  
The Eu

The German Law on public procurement remedies, implementing the EU Remedies Directives into national law, has to engage in a balancing act between effective legal protection of bidders and the necessary acceleration of the award procedure. The book develops solutions for conflicts between the abovementioned opposing interests, which are consistent with the pluralistic paradigm of the European legal area, and the standards of assessment of the EU primary substantive law on public procurement. The Europeanisation of the German Law on public procurement remedies is analysed in detail. The work deals with the establishment and improvement of effective legal protection of bidders on the one hand and, on the other hand, shows that the acceleration of the award procedure within the framework of the procedural system is bounded by the rule of law. The book carves out strengths and deficits of the German Law on public procurement remedies.

scholarly journals IN SEARCH OF THE SUBJECTIVE PUBLIC LAW: CONDITIONS FOR PARTICIPATION IN THE ADMINISTRATIVE PROCEDURE

2019 ◽  
pp. 5-14
Author(s):  
Peter Chvosta
Keyword(s):  
Public Interest ◽  
Legal Protection ◽  
The Public ◽  
Legal Provisions ◽  
Public Rights ◽  
Administrative Act ◽  
The Law ◽  
Administrative Jurisdiction ◽  
The Individual ◽  
Public Right

Purpose. The article is devoted to the legal figure of subjective public right in the context of legal protection in administrative matters. Methods. Based on the historical development of administrative jurisdiction in Austria and Germany in the 19th century, the function of the subjective public right is discussed in more detail: When the legislator grants citizens subjective public rights (and thus enforceable claims against the administration), the citizen can assert his or her individual interests before the courts by means of a right of defence against the state. At the same time, this results in an external legal control of the administration (compared to a mere internal administrative control by way of disciplinary measures) and thus promotes the rule of law of administrative action, which is in the public interest. Results. By pursuing his subjective public right, the citizen acting in his own interest indirectly contributes to the correct enforcement of the law. In a sense, he acts as an assistant to the public interest. The granting of a subjective public right also limits the group of persons who can take action against an administrative act, since otherwise anyone could challenge an administrative act. If the legislator has not expressly stipulated in the law which persons are entitled to a subjective public right in which respect, the determination of subjective public rights can be difficult in individual cases: When the law provides for a permit subject to certain conditions, the addressee of an administrative act is necessarily entitled to obtain a permit if the conditions required by law are met. The question is more complex in the case of persons who are not the addressee of an administrative act but who are affected by its effects. In this case, it must be determined by way of interpretation whether the legal provisions whose violation the citizen claims to have violated were passed not only to protect public interests but also, at least, in the interests of individual persons. Only then is there also a subjective public right of the individual to compliance with this provision. Conclusions. The legislator can avoid difficulties of interpretation by means of clear rules on the granting of subjective public rights. In particularly important administrative matters (e.g. approval of infrastructure projects), where the granting of subjective public rights is not sufficient to ensure judicial control of administrative acts, a larger group of persons can be granted party status.

scholarly journals On the question of the functions and tasks of legal custom

2020 ◽  
pp. 30-34
Author(s):  
Marian Bedrii
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Legal Protection ◽  
Legal Regulation ◽  
Protective Function ◽  
Current State ◽  
Wide Range ◽  
The Subject ◽  
The One ◽  
The Individual

The article researches the functions and tasks of legal custom based on historical experience and the current state of legal life.The view represents that law and culture functions are realized through legal custom, as it is an important element of these phenomena.At the same time, it is noted that legal custom is characterized by a separate catalog of functions and tasks that need to be studied. Theregulatory, explanatory, protective, defensive, inflectional, reconstitutive, ideological-educative, identification-communicative, antimonopoly,and legal-resource functions of legal custom are analyzed. The administrative and organizational components of the regulatoryfunction of legal custom are highlighted. The preventive and restrictive components of the protective function of legal custom are cha -racterized. It is substantiated that these functions are inextricably linked with the tasks of legal custom.Based on the analyzed functions, the following tasks of a legal custom are allocated: the legal regulation of social relations; cla -rification of provisions of the legislation, acts of law enforcement, texts of agreements, terms and symbolic actions; legal protection ofpublic goods and values; providing opportunities to protect rights and freedoms; stabilization of the legal system, its protection fromill-considered and risky transformations; reproduction of the acquired legal experience in new conditions; ensuring the flexibility of thelegal system; influence on the worldview of the individual and society in general; determining the affiliation of the subject to a parti -cular community and maintaining communication between its members; prevention of monopoly in the legal system of a normativelegal act or other sources of law; formation of material for the systematization of law.It is argued that legal custom, as a social phenomenon, evolving in the process of history, performed a wide range of functionsthat correlated with its tasks. Not every period, people, or locality is characterized by a full set of analyzed functions and tasks, but itis worth noting the possibility of their implementation by the legal custom in general, as evidenced by past experience and the currentstate of legal relations. The results of the research, on the one hand, complement the understanding of the nature of legal custom, andon the other – prove the feasibility of further use of this source of law in modern legal systems.

Intellectual Property Systems in Software

2013 ◽  
pp. 19-33
Author(s):  
Ricardo Rejas-Muslera ◽  
Elena Davara ◽  
Alain Abran ◽  
Luigi Buglione
Keyword(s):  
Information Technology ◽  
Intellectual Property ◽  
Research And Development ◽  
Legal Protection ◽  
Legal Issues ◽  
Protection System ◽  
Software Protection ◽  
Recent Trends ◽  
The Subject ◽  
The Eu

Support for research and development in information technology is considered today as critical by most governments in the industrially advanced countries. Traditionally the way of stimulating research has been to ensure to the investor the appropriability of the returns generated. Such appropriability is typically implemented by means of the Intellectual Property Rigths. Nevertheless the protection of such rights is heterogeneous worldwide. Today two different legal systems for the protection of software coexist: the system of patents and the system of author’s copyrights. This chapter explains these two main systems of ‘intellectual property’ to provide legal protection to software, including the licenses to transfer rights on software. The end of the chapter presents the most recent trends of the EU government to replace the current European software protection system, including a discussion onf the software patents and the legal initiatives on the subject. In addition, legal issues linked with new ways in software comercialization are presented.

scholarly journals Legal Protection on Notary Who Made a Suspect in His Duty

Jurnal Akta ◽  
2018 ◽  
Vol 5 (4) ◽  
pp. 1001
Author(s):  
Ine Rizka Ariyani ◽  
Gunarto Gunarto ◽  
Sri Endah Wahyuningsih
Keyword(s):  
Criminal Law ◽  
Public Interest ◽  
Legal Protection ◽  
Empirical Method ◽  
Legal Issues ◽  
Legal Research ◽  
Problems And Solutions ◽  
It Organization ◽  
The Law

Provisions concerning Notary regulated in Act No. 2 of 2014 on the Amendment of Act No. 30 of 2004 concerning Notary (hereinafter referred UUJN).[1] In Article 16 paragraph (1) letter (e) states that a Notary UUJN must preserve the confidentiality of all information obtained for a deed in accordance with their oath of office. In facing legal issues, Notary need an organization that can accommodate the aspirations and the problems it faces, so precisely that the Indonesian Notary Association (INI) into an organization that has continuity in carrying out the supervision, guidance and legal protection for a notary.The research objective is to analyze the legal protection of a notary is used as a suspect in the running of their office, to analyze problems and solutions of legal protection against notaries who serve as a suspect in carrying out his duties.The method used in this research is juridical empirical method is a method of legal research that attempts to view the law in terms of real or can be said to see, examine how the workings of the legal community.The results of this study finally provides an answer that before a notary dragged to criminal law to the case of giving false testimony, the investigator must know what the principal case of the case. Due to lack of caution can make  Notary as a suspect. Notaries in carrying out its duties merely formal and only constantire wishes of the parties and then poured into deed. Because there is one of the aggrieved party in the matter and notary asked by investigators to show the deed and is of public interest and obtain permission from MKN, then Article 16 (1) f and Article 54 UUJN about keeping positions can be ruled out because there are interests higher should notary testified that noataris released from his oath of office according to the rules applicable legislation. MKN legal protection given to the Notary ie if it will initiate an investigation or calling to the Notary must ask permission first terelebih to MKN, must coordinate with the IT organization or the competent senior Notary.Keywords: Legal Protection; Suspect; Notary. 

Sign in / Sign up

Export Citation Format

Share Document