scholarly journals Miasta i ich symbole. Uwarunkowania prawne marketingowego wykorzystywania wyglądu znanych zabytków

2021 ◽  
Vol 7 (1) ◽  
pp. 101-118
Author(s):  
Wojciech Kowalski
Keyword(s):  
Moral Rights ◽  
Third Party ◽  
Economic Rights ◽  
Commercial Use ◽  
Legal Provisions ◽  
Legal Position ◽  
The Subject ◽  
The Right ◽  
Exclusive Right ◽  
The Given

Cities and their symbols. Legal conditions for marketing use of the appearance of famous monuments The subject of this article is the legal ramifications of the commercial use of well-known landmarks by the cities where they are located. In fact, cities have played such a role and benefited commercially for many years, e.g. the Eiffel Tower in Paris or Tower Castle in London. Such a practice appears obvious but should be based on the local legal provisions in force and resulting limitations. After a detailed analysis of the law of property and copyright, the author argues that the owner of the landmark has not only an exclusive right to make physical use of it, but also the right to dispose of its image. In particular, these rights include the commercial use of this image in both possible forms, whether looking at the monument directly or enjoying it by looking at its photographs. Taking into account this legal position, a city can freely use its marketing images of its own landmarks, but in the case of third party owned monument, it will be necessary to sign a special agreement setting out the conditions of such use. Independently of property rights, a city will be obliged to also accept the rights of authors of projects referred to as “new monuments” as well as the rights of the authors of projects involving conservation, restauration, adaptation and modernization works. These rights include economic rights and authorship of the given works (moral rights). In case of reconstr

scholarly journals Would architecture be a creative industry in Ukraine?

2021 ◽  
pp. 5-12
Author(s):  
Hanna Ostapenko
Keyword(s):  
Intellectual Property ◽  
Legal Status ◽  
Creative Industry ◽  
Economic Rights ◽  
Building Process ◽  
The Status ◽  
Legal Position ◽  
The Subject ◽  
The Right ◽  
Special Rights

Keywords: creative industry, architectural creation, architectural solution, architect,authors rights of architect Thearticle is devoted to analysis of the legal position of architect has in relations with theclient. Architecture is regarded as a creative industry in Ukraine, therefore the attentionpayed to protection of intellectual property rights in this sphere is important. Theidea implemented in architectural model should be protected according to the protectionof copyright. The industry remains creative until the level of creativeness is highin this economic sector and the number of people involved in production due to the effectivenessand demand for the product is increasing or remains constant. The resultof art and of the architecture is not only the object of property, owned by a client, butalso a piece of art protected as creation under copyright. The subject of such rights isan architect. The legal status of architect in Ukraine is provided by the right to supervisionduring the building process, demand of sighing a final act completing the construction,which means, the building is lead astray without breaking authors copyright.Other special rights are provided such as a right to make a photo of the objectbefore destroying it.Despite regarding architecture objects as protected by copyright the draft law isadopted in the first reading that limits the rights and influence of architect has in theprocess of building. The draft law proposes an option for architect to transfer rights,being apart from the process of building. This can cause a situation when the buildingwill be constructively changed, the creation will be changed without the authors participation.If this proposal will be implemented, the level of the creativeness in architecturewould decrease and even lost. So, the total sphere risks losing the status ofbeing creative. It is underlined that respect to the copyright in architecture is necessaryto the industry and its development. In particular. such rights of the architect asa subject of intellectual property law will be under threat: the freedom of creativity,the right to the inviolability of the work, economic rights. Another thing which is ofconcern is the responsibility of the architect. The removal of the architect during theconstruction process poses a risk of absence of the culprit in case of deformation or destructionof the object, caused by a structural defect or defect of the project.

scholarly journals Legal Protection Of The Creator Of Online SKCK Computer Programs Which Hasn't Be Registered Under Law Number 28 Year 2014

2020 ◽  
Vol 1 (1) ◽  
pp. 24-40
Author(s):  
Tassaufi Ariefzani
Keyword(s):  
Computer Program ◽  
Legal Protection ◽  
Computer Programs ◽  
Moral Rights ◽  
Real Form ◽  
Economic Rights ◽  
Art And Literature ◽  
The Right ◽  
Exclusive Right ◽  
Made In

Copyright is one part of intellectual property that has the broadest scope of protected objects, because it includes science, art and literature (art and literary) which includes computer programs. Copyright is a special right for the creator or recipient of the right to announce or reproduce the copyright or give permission for it in the fields of science, art, and literature, with certain restrictions. In Article 1 point 1 of Law No. 28 of 2014 concerning Copyright (hereinafter abbreviated as UUHC) it is regulated that copyright is the exclusive right of the creator which arises automatically based on the declarative principle after a work is realized in real form without reducing restrictions in accordance with statutory provisions - invitation. Anform of legal protection for creators of SKCK computer programs online unregistered, that computer programs are including works protected by law. The creator has an exclusive right that is moral rights and economic rights, and the rights are published since an idea is realized in a tangible form, copyright occurs not because of registration of the creation. The creator has the right to obtain proactive and repressive legal protection for the work if the rights are violated. The legal strength of theSKCK computer program online that has not been registered under Law No. 28 of 2014, that the registration of a work is not a requirement and for registrants to be considered as the creator, but if a work is transferred and the transfer of the work is not made in writing as referred to in Article 16 paragraph (2) letter e UUHC, then because it is a must, the transfer of copyright without being made in writing, either under the deed of hand or an authentic deed, is considered to have never occurred a transfer of copyright and there is no written evidence if disputed on the basis of copyright infringement.

scholarly journals Copyright and Copyright Protection

2016 ◽  
Vol 2 (4) ◽  
pp. 36
Author(s):  
Safet Emruli ◽  
Agim Nuhiu ◽  
Besa Kadriu
Keyword(s):  
Copyright Protection ◽  
Key Agreement ◽  
Third Parties ◽  
Moral Rights ◽  
Legal Rights ◽  
Financial Reward ◽  
Economic Rights ◽  
Bern Convention ◽  
Artistic Works ◽  
The Right

One of the legal intellectual property disciplines are copyrights which concerns artistic and literary works. Copyright is: bundle of exclusive legal rights that has to do with protection of literary and artistic works. It is granted to authors and artists to protect expressive works against unauthorized reproduction or distribution by third parties. Copyright protect “works”, expression of thoughts and ideas. Literary, dramatic, musical and artistic works must be original, it means not to be a copy. Copyright covers two other types of right: economic rights, the right of the owner to benefit financial reward from use of his work by others and moral rights which always have to do with original holder no matter if economic rights are transferred or not. Economic rights can be transferred. Bern Convention for the Protection of the Literary and Artistic Works is international key agreement and the oldest multilateral agreement in the field of copyright. Copyright subsists automatically on the creation of a work, no application needed, nor do any formalities apply. Nature of copyright is territorial and the minimum term of protection is life of the author plus 50 years after his/her death. In European Union and in certain number of countries, terms of protections of are extended to life of the author plus 70 years after his/her death.

scholarly journals THE RIGHT OF AUTHORSHIP ON A WORK

2014 ◽  
Vol 8 (1) ◽  
pp. 155-160
Author(s):  
Ciprian Raul Romiţan
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Moral Rights ◽  
Economic Rights ◽  
Natural Connection ◽  
Artistic Work ◽  
The Law ◽  
The Right ◽  
The Relationship

The moral rights represent the legal expression of the relationship between the workand its creator; they precede, survive and exert a permanent influence on the economic rights.Moral rights are independent of economic rights, the author of a work preserving these rightseven after the transfer of its property rights.The right to claim recognition as the author of the work, called in the doctrine as the"right of paternity of the work" is enshrined in art. 10 lit. b) of the law and it is based on theneed to respect the natural connection between the author and his work. The right toauthorship is the most important prerogative that constitutes intellectual property rights ingeneral and consists of recognizing the true author of a scientific, literary or artistic work.

ECONOMIC RIGHTS TO INTELLECTUAL PROPERTY RIGHTS OBJECTS, CREATED ON THE BASIS OF RESEARCH AGREEMENTS IN HIGHER EDUCATIONAL INSTITUTIONS OF UKRAINE

2020 ◽  
Author(s):  
Юлія Осипова
Keyword(s):  
Technological Development ◽  
Scientific Discovery ◽  
Educational Institution ◽  
General Rule ◽  
Moral Rights ◽  
Educational Institutions ◽  
Higher Educational Institutions ◽  
Economic Rights ◽  
Higher Educational ◽  
The Right

The article deals with the features of the distribution of economic rights between customers of basic and applied researches, research and technological development (RTD) and higher educational institutions, as executors of such researches.During the study the author has analyzed general provisions of the Civil Code of Ukraine regarding the distribution of rights to the results of basic and applied researches, research and technological development (RTD) between the customer and the executor of such researches. In addition, the author has analyzed provisions of special legislation regarding the distribution of economic rights to scientific and scientific-technical (applied) results, which are IPR objects.Based on this analysis, it has been found that the distribution of economic rights to IPR objects, which are the results of basic and applied researches, research and technological development (RTD), at the level of «customer — executor of such researches» will depend on: 1) the type IPR objects that will be created and 2) the sources of fundingof such researches. In relation to such IPR objects as inventions, utility models, industrial designs, copyright, layout designs (topographies) of integrated circuits, plant varieties, animal breeds and performances the following options for distribution of economic rights are possible:1) in case of non-budgetary financing of basic and applied researches, research and technological development (RTD) — rights belong jointly to the customer and the higher educational institution-executor of such researches. This may be changed by a contract between the customer and the executor.2) in case of budgetary financing of researches — rights belong to the higher educational institutions-executor of such researches. In addition, the legislator does not provide for the possibility to change the said provision by contractually. At the same time, the customer of such research should be assigned the right to use IPR objects for free.3) in the case of budgetary financing of the researches, while the obtained IPR objects are state secrets or objects obtained under a state defence order — rights belong to the customer of such research. This cannot be changed contractually either;4) in the case of mixed financing (own funds of the higher educational institution and budgetary funds) – rights belong to the party that will be determined contractually by the customer and the executor of the basic and applied researches, research and technological development (RTD).In the case of a scientific discovery, we can only talk about moral rights, namely – the right of attribution. Thus, the indicated object is outside of the scope of the rules regarding the distribution of economic rights.As to phonograms and videograms, the economic rights to these objects will belong to that party to research agreements that will actually “create” those objects. This can be either the customer or the executor of such researches.As to trade secrets, the economic rights will, as a general rule, belong to both the customer and higher educational institution — the executor of basic and applied researches, research and technological development (RTD). In this case, disposing of these rights will be carried out jointly. This can be changed contractually. Also, suggestions to improve the legislation of Ukraine have been made.  

scholarly journals Les articles 8, 9 et 10 de la Charte canadienne des droits et libertés

2005 ◽  
Vol 25 (3) ◽  
pp. 677-698
Author(s):  
Marie Choquette
Keyword(s):  
Criminal Code ◽  
Legal Rights ◽  
Bill Of Rights ◽  
Canadian Charter ◽  
Section 8 ◽  
Legal Provisions ◽  
The Subject ◽  
The Right ◽  
Do So

Legal rights protected under sections 8, 9 and 10 of the Canadian Charter of Rights and Freedoms are the subject of this article. Section 8 affords protection against unreasonable search or seizure; there was no similar provision under the Canadian Bill of Rights. Authorized searches and seizures by warrant will be considered unreasonable whenever minimal standards laid down in section 443 of the Criminal Code have not been respected. Furthermore, searches or seizures without warrant will be judged unreasonable if they do not conform to the legal provisions under which they are authorized. Section 9 protects against arbitrary detention or imprisonment. Some judges deem detention to be arbitrary if it is not authorized under statute, while others feel that detention is arbitrary whether authorized by statute or not if it be capricious or unreasonable. Finally, section 10 provides for certain rights to a person who is arrested or detained, such as the right to be informed of the reasons for arrest or detention, the right to be informed of his or her right to retain and instruct counsel and the right to do so, and the right to have the validity of the detention ascertained.

scholarly journals Powództwo przeciw dyskryminacji w Ustawie z dnia 3 grudnia 2010 r. o wdrożeniu niektórych przepisów Unii Europejskiej w zakresie równego traktowania

2019 ◽  
Author(s):  
Paweł Śmiałek
Keyword(s):  
European Union ◽  
Case Law ◽  
Equal Treatment ◽  
The European Union ◽  
Provision Of Services ◽  
Legal Position ◽  
The Subject ◽  
Legislative Activity ◽  
The Right ◽  
Legal Grounds

Discrimination is a phenomenon that has been existing in our society for many years. The main cause of increased legislative activity in European countries is the action of the European Union, which has issued a number of directives dealing with the problem of discrimination. Poland, as a member of the European Union, was obliged to implement anti-discrimination directives. The legislator did this by enacting the Act of 3 December 2010 on the implementation of certain European Union regulations on equal treatment (hereafter: the equality statute). The equality statue was a good step towards combating discrimination in areas such as the provision of services or capital fl ow. The legislator has also pointed to discriminatory features, including race, age, disability, sex, or sexual orientation. These features cannot serve as a basis for diff erentiating the legal position of legal entities. In carrying out a comprehensive analysis of the subject matter, the study presented in this article covered: the normative grounds of an anti-discrimination lawsuit, the right to compensation, which deviates signifi cantly from the defi nition set out in Article 361 of the Civ il Code, the substantive and legal grounds for action, the principles and the procedure for claiming compensation. The article also deals with the eff ectiveness of the application of the measure in the jurisprudence. To that end, the study examined the case law of common courts dealing with the facts related to the equality law. The Ombudsman and other anti-discrimination aut horities have also been contacted for information on the use of this measure. The paper identifi es as well, the potential solutions aimed at increasing the eff ectiveness and frequency of the use of anti-discrimination lawsuits before Polish common courts.

construing the Berne Convention to say that all that was required was a positive right to claim authorship which the author may exercise as he wishes. Normally this will be by placing his name on copies of the work. The Green Paper noted that s 43 of the 1956 Act provided a useful remedy where the plaintiff is not a professional writer and could not therefore recover damages for loss of goodwill in a passing off action; the provision survives as s 84 of the 1988 Act. The Berne Convention also contains some latitude as to the right of integrity since Article 6 bis requires a right to object in cases only where actions in relation to an author’s work would be prejudicial to his honour or reputation. The government agreed with Whitford that exceptions such as the permitting of reasonable modifications (as in the Netherlands Copyright Act) should be made and that they would be in accordance with the Berne Convention. The Green Paper therefore proposed that the legislation should provide that no change should be made in any literary, dramatic, musical, artistic or cinematographic work without the author’s consent, with the exception of changes to which the author could not in good faith refuse consent. The Act embraces this principle by implication, not expressly, as it adopts the wording of the Berne Convention rather than that of the Green Paper. The Green Paper went on to propose that the rights would be exerciseable only by the author or, after his death, by his personal representative. Contravention of the rights would be actionable as a breach of statutory duty. The rights would not be assignable. However, the author would be permitted to waive his moral rights and such waiver would be binding on his successors in title. The moral rights would exist for the same period as economic rights. The White Paper promised legislation along the lines foreshadowed in the Green Paper, noting that while Whitford had doubted whether UK law had complied with the Brussels text of the Berne Convention, there was no doubt that amendment of the law was necessary to comply with the Paris text. Chapter 4 of the Act sets out the new rights. The rights to be protected are the minimum required to be protected by Berne – paternity and integrity. There is no equivalent to the French droit de divulgation (the right to control circulation of a work prior to its being completed for publication), the droit d’accès (mainly of artists to their paintings after sale), the droit de repentir (the right of withdrawal after publication, subject in German law to the payment of compensation to the publisher, of a work of which its author no longer approves). Nor is there a right to reacquire a work of which the author has disposed – such as Graham Sutherland might have found useful in the case of his portrait of Churchill – or a right of publication. The possibility of

1997 ◽  
pp. 488-488
Keyword(s):  
German Law ◽  
White Paper ◽  
Moral Rights ◽  
Green Paper ◽  
Berne Convention ◽  
Economic Rights ◽  
Statutory Duty ◽  
The Government ◽  
The Right ◽  
Right Of Withdrawal

ASSIGNMENT OF THE RIGHT TO DEMAND DIVIDENDS IN JOINT STOCK COMPANIES

2017 ◽  
Author(s):  
Anastasiia Diadiuk ◽  
Keyword(s):  
Practical Implementation ◽  
Legal Doctrine ◽  
Contractual Relationship ◽  
Legal Nature ◽  
Legal Position ◽  
State Regulator ◽  
The Subject ◽  
The Right ◽  
To Receive ◽  
A Company

An article explores theoretical and practical problems of the assignment of the claim dividends to joint-stock companies. The author pointed to the legal nature of the transfer of the right of claim. Were studied the peculiarities and procedure of transferring the shareholder's right to receive dividends due to him to third parties. The right to receive dividends by a shareholder gives rise to a monetary obligation, the parties to which are a company (the debtor) and a shareholder (the creditor). We can see the possibility of assignment of the right to claim payment of dividends as a legal basis for replacing the creditor (shareholder) in the obligation because of the absence of a direct legal prohibition, as well as the personal nature of the legal relationship between the company and the shareholder. The practical implementation of this possibility is complicated by several factors, including the lack of a clear legal position on the nature of dividends, as well as the right to receive dividends; legislative non-regulation of the procedure for assignment of the right to demand payment of dividends. The analyzed decisions of the state regulator indicate the impossibility of replacing the creditor in the obligation to pay dividends if the shareholder transfers his rights to another person under the transaction (agreement) in the manner prescribed by regulations. The legal doctrine shows, the essence of the shareholder's right to dividends allows distinguishing the corporate right to dividends, and the right to claim payment of dividends (obligatory). Accordingly, the right to claim payment of dividends has the characteristics of an independent property object (asset), which may be the object of a contractual relationship. The obligatory right to demand payment of dividends will be the subject of a contract of assignment of the right to claim dividends to be paid (cession), as a kind of agreement of assignment of the right to demand a monetary obligation. The conclusion of an agreement on the assignment of the right to claim dividends is possible only after the acquisition by the shareholder (original creditor) of the right to claim the company.

1. The Scope of the Subject

2017 ◽  
Author(s):  
Mark P. Thompson ◽  
Martin George
Keyword(s):  
Property Rights ◽  
Residential Area ◽  
Third Party ◽  
Real Property ◽  
Personal Property ◽  
The Third ◽  
The Subject ◽  
English Law ◽  
The Right ◽  
Ownership Rights

Land is an important commodity in society that it is both permanent and indestructible, two features which distinguish it from other forms of property. More than one person can have a relationship with the land and share the right to possess it. The right to possess a land is known as ownership right, but it is also common for people to have enforceable rights in other people’s land. This is the third party right, an example of which is where the owner of a house in a residential area agrees with neighbours that the house will only be used as a residence. This chapter discusses land and property rights, ownership rights, third party rights, and conveyancing. It also examines the distinction in English law between real property and personal property, the meaning of land, items attached to the land, fixtures and fittings, and incorporeal hereditaments.

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