Open Content in Libraries

2013 ◽  
pp. 1010-1029
Author(s):  
Galateia Kapellakou ◽  
Marina Markellou ◽  
Evangelia Vagena
Keyword(s):  
Open Access ◽  
Copyright Law ◽  
Digital Environment ◽  
Collective Management ◽  
Basic Issue ◽  
Open Content ◽  
The Right ◽  
Management Functions ◽  
Technical Measures ◽  
The Way

The basic issue examined in this chapter is how can open access be achieved through the instrument of contracts. In the digital environment right holders have the power to restrict access to works by using restrictive contractual terms enforced by means of technical measures. As a counterbalance to the extended authority of the right holder, open access movements have appeared which express the users’ need to have open access to creative content. It is put forward that the terms used in contractual forms that have been standardized and express the ideology of open content are not always compatible with the existing copyright law contractual provisions and the way in which collective management functions.

Open Content in Libraries

2011 ◽  
pp. 342-361
Author(s):  
Galateia Kapellakou ◽  
Marina Markellou ◽  
Evangelia Vagena
Keyword(s):  
Open Access ◽  
Copyright Law ◽  
Digital Environment ◽  
Collective Management ◽  
Basic Issue ◽  
Open Content ◽  
The Right ◽  
Management Functions ◽  
Technical Measures ◽  
The Way

The basic issue examined in this chapter is how can open access be achieved through the instrument of contracts. In the digital environment right holders have the power to restrict access to works by using restrictive contractual terms enforced by means of technical measures. As a counterbalance to the extended authority of the right holder, open access movements have appeared which express the users’ need to have open access to creative content. It is put forward that the terms used in contractual forms that have been standardized and express the ideology of open content are not always compatible with the existing copyright law contractual provisions and the way in which collective management functions.

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.

Copyright and the Digital Economy Act

2015 ◽  
Vol 2 (1) ◽  
pp. 19-36
Author(s):  
Anna Karwowska
Keyword(s):  
United Kingdom ◽  
Economic Impact ◽  
File Sharing ◽  
Digital Economy ◽  
Copyright Law ◽  
The Internet ◽  
Digital Environment ◽  
The United Kingdom ◽  
Cultural Implications ◽  
The Way

Copyright law has undergone significant expansion in order to tackle some of the problems posed by the ease of infringement on the Internet, as can be seen in the Digital Economy Act introduced in the United Kingdom. There must, however, be fundamental changes to the way we think about and enforce artists and authors’ rights if copyright is to make sense and be effective in the developing digital environment. This article gives a comparative view on the issue, taking account of the economic impact of online file-sharing and its cultural implications.

scholarly journals A LEGAL AWARENESS OF COPYRIGHT ON REGIONAL SONG CREATORS

2021 ◽  
Vol 5 (1) ◽  
pp. 49
Author(s):  
Muchtar A H Labetubun
Keyword(s):  
Human Rights ◽  
Copyright Law ◽  
Specific Information ◽  
Copyright Holder ◽  
Conceptual Approach ◽  
Collective Management ◽  
Right To Copy ◽  
The Right ◽  
Exclusive Right ◽  
Economic Standpoint

Copyright as an exclusive right for the creator or copyright holder to carry out the results of his ideas or ideas in the form of specific information or certain. Basically, copyright is the right to copy, adapt or produce a work, copyright is possible for the right holder to limit the copying or in any form without the illegitimate permission of a work, it can be realized by registration copyright, in its application, of course, there are obstacles that exist in the enforcement of copyright law itself. One example is the lack of awareness in registration copyright of songs by the creator. The research objective was to determine and analyze the legal awareness of regional pop songwriters to register their copyright. The research method uses normative research through a conceptual approach and a statue approach. The results show that the composers of regional pop songs know the importance of recording copyright because it is in accordance with the mandate of Act No. 28 of 2014 concerning Copyright and has also participated in the socialization carried out by the Ministry of Law and Human Rights, but songwriters do not record their work. Some songwriters consider that the registration is of no use because, from an economic standpoint, they cannot profit or lose personally, besides that their aspirations have not been fully channeled by the related institutions they shelter in this case the Collective Management Institute. Therefore to decide on the sale of the song's copyrighted work rather than registering it to the Ministry of Law and Human Rights in the Field of Intellectual Property.

scholarly journals Legal aspects of usage out-of-commerce works by libraries and other institutions

2021 ◽  
pp. 5-14
Author(s):  
Valentyna Trotska
Keyword(s):  
Cultural Heritage ◽  
Legal Aspects ◽  
European Countries ◽  
Digital Environment ◽  
National Legislation ◽  
European Legislation ◽  
Collective Management ◽  
Eu Directive ◽  
The Right ◽  
The Eu

Keywords: copyright; out-of-commerce works; cultural heritage institutions; exceptionsand limitation; representative organizations of collective management The article is devoted to the study of the norms of Directive2019/790 of the European Parliament and of the Council on copyright and relatedrights in the Digital Single Market, such as provisions on the permitted use of worksout-of-commercial circulation, that are permanently in the collections of libraries andothers cultural heritage institutions. The norms of this EU Directive, as well as theprovisions defined in the laws of some European countries, are analyzed in detail.The main provisions of the EU Directive are considered, which provide for a doublemechanism of permitted use of works of cultural heritage institutions: main and reserve.The essence of each mechanism is considered in detail.The article also considers the question of when the rights holders have the right torefuse, meaning not to allow cultural heritage institutions to use out-of-commerce works.A comparison is made between the norms of the legislation of Ukraine on copyrightand related rights concerning the free use of works by libraries and other culturalheritage institutions and the relevant norms of European legislation. It is establishedthat in the legislation of Ukraine the list of institutions that have the right tofreely reproduce works is limited only to libraries and archives. Unlike the provisionsof the EU Directive, norms of national legislation do not apply to museums, film andaudio funds. However, free reproduction is allowed only by reprographic method (photocopying)of copies, which restrains the possibility of freeing reproduction (digitization)of works using modern digital technologies.It is concluded that classical norms of the legislation on copyright and relatedrights with the development of relations in the digital environment are changing.Legislators are constantly searching for optimal ways to balance public and privateinterests. Whether the new rules will be successful depends on how states implementthe rules of the EU Directive in state law and how they will be applied in practice.

scholarly journals "الحماية المدنية لحق المؤلف في اطار البيئة الرقمية "دراسة تحليلية في القانون العراقي

2020 ◽  
Vol 1 (2) ◽  
pp. 213-233
Author(s):  
محمود محمود
Keyword(s):  
Analytical Study ◽  
Electronic Publishing ◽  
Legal Protection ◽  
Civil Protection ◽  
Digital Environment ◽  
The World ◽  
Technological Developments ◽  
The One ◽  
The Right ◽  
Technical Measures

The extensive technological developments have imposed a new reality to be dealt with particularly in the fields of modern communications, like the Internet. According and encounter then legally rights of individuals have been in fringed more particularly, the right of authors in the Framework of the Digital Environment. As it is known that electronic publishing has achieved many advantages as the easiness in publishing and the fast spread around the world decreasing of the value of publishing costs when compared with the traditional publishing. In spite of that, the electronic publishing has contributed to decreasing the legal protection granted for the authors in the framework digital environment due to the emergence of technical measures that nullify all the means of protecting author’s literature. For this reason, it is necessary to make a study concerned with evaluating the civil protection for the published literature in the framework of the digital environment, in the law of protection the right of Iraqi author through an analytical study which aims at investigating: the effectiveness of the machinery taken in order to protect the right of the Iraqi authors by dealing with the protection, on the one hand, and the civil means available to protect the published literature in the digital environment, on the other.

Right to contestation, patron-client networks, and corruption

2012 ◽  
pp. 101-117 ◽  
Author(s):  
P. Orekhovsky
Keyword(s):  
Open Access ◽  
Political Life ◽  
Limited Access ◽  
The Right ◽  
Main Factor

In the paper the nature of Russian corruption is considered along the lines proposed by D. North, J. Wallis, and B. Weingast. The author considers patron-client networks as basic political and economic actors of the limited access order. The redistributive rent allocated within patron-client networks is not a corruption phenomenon. The main factor that is able to destroy patron-client networks and autonomous centers of power is the right to contestation (liberalization) according to R. Dahl. Realization of that right together with the right to participate in political life enables transition to the open access society.

The adaptation of design thinking in auditing

2019 ◽  
Vol 2 (1) ◽  
Author(s):  
Linda MEIJER-WASSENAAR ◽  
Diny VAN EST
Keyword(s):  
The Netherlands ◽  
Design Thinking ◽  
Public Organizations ◽  
Design Framework ◽  
The Right ◽  
The Way

How can a supreme audit institution (SAI) use design thinking in auditing? SAIs audit the way taxpayers’ money is collected and spent. Adding design thinking to their activities is not to be taken lightly. SAIs independently check whether public organizations have done the right things in the right way, but the organizations might not be willing to act upon a SAI’s recommendations. Can you imagine the role of design in audits? In this paper we share our experiences of some design approaches in the work of one SAI: the Netherlands Court of Audit (NCA). Design thinking needs to be adapted (Dorst, 2015a) before it can be used by SAIs such as the NCA in order to reflect their independent, autonomous status. To dive deeper into design thinking, Buchanan’s design framework (2015) and different ways of reasoning (Dorst, 2015b) are used to explore how design thinking can be adapted for audits.

Memories for the Return? Remembering the Nakba by the First Generation of Palestinian Refugees in Syria

2017 ◽  
Vol 16 (2) ◽  
pp. 177-192 ◽  
Author(s):  
Anaheed Al-Hardan
Keyword(s):  
First Generation ◽  
Palestinian Refugees ◽  
Oslo Accords ◽  
Right Of Return ◽  
Palestinian Refugee ◽  
Temporal And Spatial ◽  
The Right ◽  
Political Realities ◽  
The Way

The 1948 Nakba has, in light of the 1993 Oslo Accords and Palestinian refugee activists' mobilisation around the right of return, taken on a new-found centrality and importance in Palestinian refugee communities. Closely-related to this, members of the ‘Generation of Palestine’, the only individuals who can recollect Nakba memories, have come to be seen as the guardians of memories that are eventually to reclaim the homeland. These historical, social and political realities are deeply rooted in the ways in which the few remaining members of the generation of Palestine recollect 1948. Moreover, as members of communities that were destroyed in Palestine, and whose common and temporal and spatial frameworks were non-linearly constituted anew in Syria, one of the multiples meanings of the Nakba today can be found in the way the refugee communities perceive and define this generation.

THE STATE OF OPEN ACCESS ADOPTION IN LEGAL SCHOLARLY COMMUNICATION: AN ANALYSIS OF SELECTED OPEN ACCESS RESOURCES

Mousaion ◽  
2016 ◽  
Vol 34 (1) ◽  
pp. 83-100
Author(s):  
Solomon Bopape
Keyword(s):  
South Africa ◽  
Open Access ◽  
Open Access Publishing ◽  
The Internet ◽  
Free Access ◽  
Access To Information ◽  
Legal Information ◽  
Scholarly Literature ◽  
Open Access Resources ◽  
The Right

The study of law focuses, among other aspects, on important issues relating to equality, fairness and justice in as far as free access to information and knowledgeis concerned. The launching of the Open Access to Law Movement in 1992, the promulgation of the Durham Statement on Open Access to Legal Scholarshipin 2009, and the formation of national and regional Legal Information Institutes (LIIs) should serve as an indication of how well the legal world is committed to freely publishing and distributing legal information and knowledge through the Internet to legal practitioners, legal scholars and the public at large aroundthe world. In order to establish the amount of legal scholarly content which is accessible through open access publishing innovations and initiatives, this studyanalysed the contents of websites for selected open access resources on the Internet internationally and in South Africa. The results of the study showed that there has been a steady developing trend towards the adoption of open access for legal scholarly literature internationally, while in South Africa legal scholarly literature is under the control of commercial publishers. This should be an issue for the legal scholarship which, among its focus, is to impart knowledge about the right of access to information and knowledge.

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