Posthumous control of copyright, its limitations and the public interest

2021 ◽  
Vol 8 (2) ◽  
pp. 32-62
Author(s):  
Desmond Osaretin Oriakhogba ◽  
Gloria Kanwulia Adeola-Adedipe

Conducted as a desk research, this paper examines the interface between copyright and succession laws, the notion of testamentary freedom, its limitations and justification for its restriction. The paper draws on this examination to discuss the freedom of authors to dispose their copyright under testate and intestate arrangements, and posthumously control the use of their works under the Nigerian Copyright Act. Following this discussion, the paper identifies and examines the relevant provisions of the Copyright Act that can limit the capacity of authors to posthumously control the use of their works in Nigeria. The paper contends that authors’ liberty to transfer their copyright by testamentary disposition or operation of law, and control the use of their works posthumously, without public interest friendly limitations, can create an imbalance within the copyright system. This paper addresses the issues of whether public interest objectives may be achieved through the limitation in the extant Copyright Act, especially given the propensity for copyright misuse by authors in death, as well as during their lifetime, and what policy options may align the public interest with authors’ posthumous control of copyright. In resolving these questions, the paper draws on instances of copyright misuse in the United States of America (USA) and South Africa and situates them within the Nigerian context to shed light on the issues discussed.

Author(s):  
Anastasiia Trofymenko ◽  
Dmytro Lubinets

The relevance of the issue of decreasing corruption in Ukraine causes the scientific interest in the study of such a political institution as lobbyism. An analysis of the global lobbying experience allows us to distinguish the lessons Ukraine can apply in this field. The article presents an analysis of the American lobbying model, since the United States was the first country to acknowledge and determine lobbying, as well as to develop the most advanced lobbying methods and technologies on the legislative level. The authors specify the main trends in the establishment and functioning of lobbying in the United States of America through studying the requirements of legislation in this field, imposed both on lobbyists and officials, considering ethical norms that lobbyists should be guided by in their work, subject-object determination of American lobbyism, and prevailing forms thereof in the state. As a result of the study carried out, it was found out that the legal framework for lobbying in the United States is based on the following: the principles of compulsory accountability and reporting of lobbyists and their clients, foreign clients, in particular; ethical standards of conduct for employees; restriction of lobbying for former civil servants; lobbying in all the branches of power; lobbying supervision and control by government agencies (these functions are entrusted to the Secretary of the Senate and Secretary of the House of Representatives) and the public, by lobbyists as well through establishing a Code of Lobbying Ethics, mediation between the client and the authorities. Keywords: lobbyism, lobbying, American model, Association of Government Relations Professionals, Code of Lobbying Ethics, lobby register.


2009 ◽  
Vol 3 (S2) ◽  
pp. S160-S165 ◽  
Author(s):  
Jeanne S. Ringel ◽  
Melinda Moore ◽  
John Zambrano ◽  
Nicole Lurie

ABSTRACTObjective: To assess the extent to which the systems in place for prevention and control of routine annual influenza could provide the information and experience needed to manage a pandemic.Methods: The authors conducted a qualitative assessment based on key informant interviews and the review of relevant documents.Results: Although there are a number of systems in place that would likely serve the United States well in a pandemic, much of the information and experience needed to manage a pandemic optimally is not available.Conclusions: Systems in place for routine annual influenza prevention and control are necessary but not sufficient for managing a pandemic, nor are they used to their full potential for pandemic preparedness. Pandemic preparedness can be strengthened by building more explicitly upon routine influenza activities and the public health system’s response to the unique challenges that arise each influenza season (eg, vaccine supply issues, higher than normal rates of influenza-related deaths). (Disaster Med Public Health Preparedness. 2009;3(Suppl 2):S160–S165)


1970 ◽  
pp. 8-9
Author(s):  
Lebanese American University

On March 7, 2002 the Institute for Women’s Studies in the Arab World, Lebanese American University along with the Public Affairs Section, Embassy of the United States of America hosted Dr. Miriam Cooke renowned writer and scholar. In her talk, Cooke shared with the audience her experience in writing on controversialsubjects pertaining to women’s issues.


2021 ◽  
Vol 77 (4) ◽  
Author(s):  
Itumeleng D. Mothoagae

The question of blackness has always featured the intersectionality of race, gender, sexuality and class. Blackness as an ontological speciality has been engaged from both the social and epistemic locations of the damnés (in Fanonian terms). It has thus sought to respond to the performance of power within the world order that is structured within the colonial matrix of power, which has ontologically, epistemologically, spatially and existentially rendered blackness accessible to whiteness, while whiteness remains inaccessible to blackness. The article locates the question of blackness from the perspective of the Global South in the context of South Africa. Though there are elements of progress in terms of the conditions of certain Black people, it would be short-sighted to argue that such conditions in themselves indicate that the struggles of blackness are over. The essay seeks to address a critique by Anderson (1995) against Black theology in the context of the United States of America (US). The argument is that the question of blackness cannot and should not be provincialised. To understand how the colonial matrix of power is performed, it should start with the local and be linked with the global to engage critically the colonial matrix of power that is performed within a system of coloniality. Decoloniality is employed in this article as an analytical tool.Contribution: The article contributes to the discourse on blackness within Black theology scholarship. It aims to contribute to the continual debates on the excavating and levelling of the epistemological voices that have been suppressed through colonial epistemological universalisation of knowledge from the perspective of the damnés.


Koedoe ◽  
1991 ◽  
Vol 34 (1) ◽  
Author(s):  
G.H. Groenewald

Five types of burrow casts from the Lystrosaurus- Procolophon Assemblage-zone (Palingkloof Member and Katberg Formation, Triassic, Karoo sequence. South Africa) are associated with casts of desiccation cracks and red mudstone. Vertebrate remains of Lystrosaurus sp. and Procolophon sp. indicate that these animals probably made the burrows during the Triassic. It is possible that burrowing was an adaptive advantage during periods of severe and unfavourable climatic conditions. Similar burrow casts were found in the Dicynodon-Theriognathus Assemblage-zone, suggesting a burrowing habit for fauna represented in this zone. In structure, the burrow casts resemble those of Scoyenia, Thalassinoides, Histioderma, Gyrolithes and Planolites reported from Germany, France, Asia, Ireland, Spain and the United States of America.


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