The Science of Cloning, the Right of Reproduction, and Professional Responsibility

2003 ◽  
Vol 11 (4) ◽  
pp. 7-22
Author(s):  
John R. Rowan ◽  
Keyword(s):  
Professional Responsibility ◽  
The Right ◽  
Right Of Reproduction

Copyright Issues in the Context of the Digital Library

2016 ◽  
pp. 70-83
Author(s):  
Pedro Pina
Keyword(s):  
Digital Library ◽  
Public Libraries ◽  
Legislation And Jurisprudence ◽  
The Right ◽  
Exclusive Right ◽  
Right Of Reproduction

Libraries have a strong role on promoting culture and knowledge as intermediaries between creators and readers. In the analogical world, such usages didn't have relevant effects on the normal exploitation of copyrighted works. However, digitisation had a strong effect on rightholders' interests by facilitating and democratizing access to works, considering that libraries may reproduce them and promote their online accessibility. Litigation regarding the referred actions has dramatically increased in the last years as they may stress the normal exploitation of copyrighted works and the exclusive rights of reproduction and of distributing. Based on the European Union's legislation and jurisprudence, the present chapter analyses the lawfulness of public libraries digitisation of books from their collection in order to make them available to users without the right holder's consent, confronting them with the exclusive right of reproduction and the making available right.

Copyright Issues in the Context of the Digital Library

2020 ◽  
pp. 291-304
Author(s):  
Pedro Pina
Keyword(s):  
Digital Library ◽  
Public Libraries ◽  
Legislation And Jurisprudence ◽  
The Right ◽  
Exclusive Right ◽  
Right Of Reproduction

Libraries have a strong role on promoting culture and knowledge as intermediaries between creators and readers. In the analogical world, such usages didn't have relevant effects on the normal exploitation of copyrighted works. However, digitisation had a strong effect on rightholders' interests by facilitating and democratizing access to works, considering that libraries may reproduce them and promote their online accessibility. Litigation regarding the referred actions has dramatically increased in the last years as they may stress the normal exploitation of copyrighted works and the exclusive rights of reproduction and of distributing. Based on the European Union's legislation and jurisprudence, the present chapter analyses the lawfulness of public libraries digitisation of books from their collection in order to make them available to users without the right holder's consent, confronting them with the exclusive right of reproduction and the making available right.

scholarly journals HISTORICAL EXPERIENCE OF INTELLECTUAL PROPERTY REGULATION IN GALICIA AS A PART OF AUSTRIA AND AUSTRO-HUNGARY (1772–1918)

2021 ◽  
Vol 77 (4) ◽  
pp. 23-29
Author(s):  
Ihor Boiko ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Legal Regulation ◽  
Civil Code ◽  
Industrial Property ◽  
Historical Experience ◽  
Definition Of ◽  
The Right ◽  
First Time ◽  
Right Of Reproduction

The article analyzes the features of the legal regulation of intellectual property in Ukraine, in particular in the Ukrainian lands of Austria and Austria-Hungary (1772-1918). The author shows that the main source of legal regulation of civil relations, in particular intellectual property, in Galicia as part of Austria and Austria-Hungary (1772–1918) was the Austrian Civil Code of 1811. Property rights under the Austrian Civil Code of 1811 were the right of ownership, the right of possession, the right to pledge, and easements. The author highlights that things were divided into corporeal, disembodied, movable and immovable, used and unused, with price and without price. The bodily things were those perceived by the sense organs. Disembodied things included, first of all, property rights - the right to fish, hunt, and so on. It is shown that in the Austrian Empire for the first time the provisions on the legal regulation of intellectual property were provided for in the Civil Code of 1811 (Articles 1164‒1170). The author shows that the Austrian legal acts of 1846 for the first time regulated the free use of works, including the right of translation, citation. According to the law of 1846, the artist had to reserve the right of reproduction and exercise it for 2 years under the threat of losing his rights. It is emphasized that the presence of Western Ukrainian lands in the Austro-Hungarian monarchy, in comparison with the previous period of the Commonwealth, contributed to the spiritual progress of the Ukrainian nation, intensified cultural and artistic processes in Ukrainian lands. The author reveals that an important and new normative act in the field of intellectual property regulation was the Austrian Copyright Act for works of literature, art and photography, adopted on December 26, 1895. Attention is focused on the fact that the development of industrial property rights was carried out under the influence of economic development, which in the western Ukrainian lands as part of Austria was slower than in the economically developed regions of Austria, and thus - Austria-Hungary. It is concluded that the development of legal regulation of intellectual property in Galicia as part of Austria and Austria-Hungary (1772-1918) formed a certain experience, which was characterized by the specification of objects, subjects, the definition of intellectual property, the consolidation of copyright and their defense in court.

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.

A Cloudy Celestial Jukebox

2016 ◽  
pp. 184-205
Author(s):  
Pedro Pina
Keyword(s):  
Cloud Computing ◽  
Digital Technology ◽  
File Sharing ◽  
Distribution Models ◽  
P2p Systems ◽  
Internet Users ◽  
Digital Books ◽  
The Right ◽  
New Distribution ◽  
Right Of Reproduction

Cloud computing offers internet users the fulfillment of the dream of a Celestial Jukebox providing music, films or digital books anywhere and when they want. However, some activities done in the Cloud, especially file-sharing, may infringe copyright law's exclusive rights, like the right of reproduction or the making available right. The purposes of the present chapter are to briefly examine how digital technology like p2p systems or Cloud computing potentiate new distribution models, how they allow unauthorized uses of copyright protected works and to point out solutions to reconcile the interests of rightholders and consumers so that the benefits from digital technology can be enjoyed by all the stakeholders in a legal and balanced way.

scholarly journals The Expert Initiative Right from a Perspective of Legal Hermeneutics

2019 ◽  
Vol 14 (2) ◽  
pp. 115-127
Author(s):  
A. A. Boitsov
Keyword(s):  
Basic Principle ◽  
Point Of View ◽  
Professional Responsibility ◽  
Ethical Standards ◽  
Forensic Expert ◽  
The Right

The article is devoted to the analysis of one of the rights forming the procedural status of a forensic expert, that is the right of expert initiative. The right is considered not only from a procedural point of view, but also in the context of professional, moral and ethical standards that should guide a forensic expert in his activities. The right of expert initiative is considered as a professional responsibility of an expert. From the perspective of legal hermeneutics an attempt is made to identify its direct recipient and more importantly - the form of realization of this right by the expert. The norm in question is examined within the context of regulatory legal acts and in this connection, we try to understand the content of this norm considering the basic principle of forensic expert activity - the objectivity principle and the complementary principles of comprehensiveness and completeness of a research. The question is raised of the mandatory nature of the norm for the expert regardless of the procedural form of its implementation.

Legality of the Parody Exception in Light of International Treaties and Domestic Copyright Laws

2019 ◽  
pp. 38-69
Author(s):  
Sabine Jacques
Keyword(s):  
United States ◽  
European Union ◽  
The United States ◽  
Copyright Law ◽  
Step Test ◽  
International Treaties ◽  
The United Kingdom ◽  
Copyright Laws ◽  
The Right ◽  
Right Of Reproduction

This chapter examines the legality of the parody exception in light of international treaties and domestic copyright laws. More specifically, it considers whether the parody exception may only be introduced into national copyright law if it satisfies the three-step test enshrined in international treaties. The chapter first traces the history and evolution of copyright law before explaining whether copyright law requires a specific parody exception and why a specific parody exception rectifies the balance between right-holders, users, and subsequent authors. It then discusses the three-step test, first incorporated into the Berne Convention to protect the ‘right of reproduction’, and its adoption in European Union texts and national legislations. It also outlines the differing interpretations of the three-step test and concludes with an analysis of whether the current parody exceptions in each of the five jurisdictions (France, Australia, Canada, the United States, and the United Kingdom) comply with this test.

scholarly journals KEBIJAKAN PELAYANAN KESEHATAN REPRODUKSI REMAJA

Populasi ◽  
2016 ◽  
Vol 8 (1) ◽  
Author(s):  
Joyce S.H. Djaelani
Keyword(s):  
Health Service ◽  
Action Program ◽  
The Right ◽  
Right Of Reproduction

Indonesian adolescents are 37 per cent of the total of population of this country. The large quantity, however, is comparatively unequal to the right of reproduction health service they receive. They are often seen in the position as an "isolated tribe". Consequently, not only few adolescents, especially the female ones become victims of "Mimi Momo". This writing begins with a description of a case related to the reproduction health hitting an adolescent, then besides being related to the Cairo action program, it is also correlated with the recommendation on the policies of the reproduction service for adolescents.

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