WorldWideScience

Sample records for current copyright law

  1. Information Law and Copyright.

    Science.gov (United States)

    Marx, Peter A.

    1986-01-01

    Because of information law's inability to keep up with rapid changes in information technology and impreciseness of the law, copyrighting of databases poses unique problems. Interpretation of fair use doctrine, privately owned computer "downloading," impact of federal electronic filing, and questions concerning information businesses need to be…

  2. Of Otakus and Fansubs: A Critical Look at Anime Online in Light of Current Issues in Copyright Law

    Directory of Open Access Journals (Sweden)

    Jordan S. Hatcher

    2005-12-01

    Full Text Available The advent of digital technology and increased global connectivity has, to put it mildly, caused some ripples for the entertainment industry specifically and copyright law generally. In the aftermath, many are searching for new ways to incorporate the benefits of digital copies and the internet while minimizing the harms. To some, the anime industry and its fans offer examples of how an industry can benefit and even grow from allowing copyright infringement. This article examines the anime industry in-depth with this suggestion in mind and places the industry among current copyright policy debates, such as those suggested by Lawrence Lessig.

  3. Principles of the continental copyright law

    OpenAIRE

    Matveev A.

    2016-01-01

    It is known that there are two key copyright law traditions: English–American and Roman–Germanic copyright laws. The French and German copyright law is in the vanguard of the continental copyright law, with the copyright law of Russia being among the others in this copyright law system. However, the Russian copyright law has some specific characteristics. Copyright law is based on the defined principles. The purpose of the present article is to define the principles Continental Copyright Law....

  4. Clash of cultures: integrating copyright and consumer law

    NARCIS (Netherlands)

    Helberger, N.; Guibault, L.

    2012-01-01

    Purpose - This article seeks to deal with the fundamental conceptual differences between consumer law and copyright law that render the application of consumer law to copyright-law related conflicts difficult. Design/methodology/approach - Following a normative approach to copyright and consumer law

  5. Copyright

    Science.gov (United States)

    2016-01-01

    ‘Talent is always conscious of its own abundance, and does not object to sharing.’ Aleksandr Solzhenitsyn, The First Circle When authors submit an article for publication, most publishers will ask for a signature from the author on a copyright form. The relationship between an author and the publisher is then a partnership but one that many authors are reluctant to enter into. After all, why should a publisher take copyright from an author of an article when the author had the idea and has done all the hard work for the content of the article? In response to this question, publishers will generally claim that copyright transfer agreements protect authors from copyright infringements such as plagiarism, libel and unauthorised uses as well as protecting the integrity of the article. Copyright in the UK was originally concerned with preventing the unlawful copying of printed material in the 17th century in response to the then new technology of book printing. The first copyright act in the UK, the Statute of Anne in 1710, was subtitled ‘An Act for the Encouragement of Learning’, and granted privileges and monopolies to book printers. Since then, copyright law has evolved to incorporate many forms of communication, including photography, film, music, computers, engraving, designs on t-shirts and digital technology among other forms of media. The most recent act in the UK is the Copyright, Designs and Patents Act 1988. While copyright covers an author’s right to copy, distribute and revise the work, it does not protect ideas – just their fixation or expression. The moment that an idea is fixed or expressed physically, copyright starts and does not have to be registered. In this article, Pippa Smart provides an overview of the legal framework that protects authors and publishers. Jyoti Shah, Commissioning Editor

  6. Copyright.

    Science.gov (United States)

    Smart, P

    2016-03-01

    'Talent is always conscious of its own abundance, and does not object to sharing.' Aleksandr Solzhenitsyn, The First Circle When authors submit an article for publication, most publishers will ask for a signature from the author on a copyright form. The relationship between an author and the publisher is then a partnership but one that many authors are reluctant to enter into. After all, why should a publisher take copyright from an author of an article when the author had the idea and has done all the hard work for the content of the article? In response to this question, publishers will generally claim that copyright transfer agreements protect authors from copyright infringements such as plagiarism, libel and unauthorised uses as well as protecting the integrity of the article. Copyright in the UK was originally concerned with preventing the unlawful copying of printed material in the 17th century in response to the then new technology of book printing. The first copyright act in the UK, the Statute of Anne in 1710, was subtitled 'An Act for the Encouragement of Learning', and granted privileges and monopolies to book printers. Since then, copyright law has evolved to incorporate many forms of communication, including photography, film, music, computers, engraving, designs on t-shirts and digital technology among other forms of media. The most recent act in the UK is the Copyright, Designs and Patents Act 1988. While copyright covers an author's right to copy, distribute and revise the work, it does not protect ideas--just their fixation or expression. The moment that an idea is fixed or expressed physically, copyright starts and does not have to be registered. In this article, Pippa Smart provides an overview of the legal framework that protects authors and publishers. Jyoti Shah, Commissioning Editor.

  7. The United States Copyright Law: A Guide for Music Educators.

    Science.gov (United States)

    National Association of Schools of Music, Reston, VA.

    Music educators are informed of the applications of the 1976 revision of the United States copyright law to the use of sheet music, audiovisual recordings, and dramatic and choreographic works. Material is divided into five sections. Section 1 outlines the primary rights of copyright holders with regard to phonorecords, derivative works,…

  8. Copyright law: how it affects your hospital and you.

    Science.gov (United States)

    Owen, S A

    1987-10-01

    Nurse administrators, inservice educators, and other nursing supervisors need to be aware of how copyright law affects the use of educational materials in hospitals, medical centers, and nursing homes. The United States' Copyright Act of 1976, along with Congressional guidelines and federal rulings, have a great deal to say regarding photocopying, off-air videotaping, and use of materials borrowed from lending libraries. Examples of copyright infringement are given, with suggestions for avoiding them.

  9. PERFORMING RIGHT IN CACHE COPYRIGHT LAW OF INDONESIA

    Directory of Open Access Journals (Sweden)

    Zulkifli Makkawaru

    2015-02-01

    Full Text Available Performing Right (Performing Rights in the corpus of laws in Indonesia have not been strong in the rule and the protection of the law. Although the Copyright ACT in recent times revision rule has been loaded but still very narrow so there can take to become a rule of law that can reverse engineer the behavior of society (notably the community of users of copyrighted songs and music to stick with it.This paper tries to do a review of the literature and the law. The birth of Act No. 28 by 2014 about copyright gives the feel of a broader legal and encouraged to provide protection of economic rights (economic right over Copyrights in particular Performing Right with an emphasis on fostering recognition of Collective Management Institutions, as well as on Related Rights protection for emphasis that gives economic maximization of existing opportunities of performing actors, producer ponogram, and broadcasters. And thus, created a large corpus of law in the field of Performing Right in Indonesia.

  10. Image Right and Copyright Law in Europe: Divergences and Convergences

    Directory of Open Access Journals (Sweden)

    Tatiana Synodinou

    2014-04-01

    Full Text Available This paper analyses the multiplicity of image rights in Europe and the classical conflictual relationship between the right to one’s own image and copyright law. First, the paper analyses the main mechanisms of legal protection of a person’s image in selected jurisdictions, in both the civil law and the common law tradition. It is deduced that the civil law approach based on the right of privacy or the right of personality is expressed mainly either via a duality, reflecting the extra-patrimonial and the patrimonial attributes to one’s own image, or via the recognition of a single right with a dual nature. On the other hand, the protection granted to the right to one’s own image in the United Kingdom is piecemeal in nature, since it is based on a broad interpretation of the classic torts of breach of confidence and passing off, which fails to provide a coherent and effective legal framework for protecting the intangible asset of a person’s image, both in terms of its dignitary and its economic identity. After pinpointing the major differences in terms of protecting the right to one’s own image in Europe, the emphasis is placed on the relationship between image rights and copyright law. A classic approach considers image rights as an external limitation of copyright law, and therefore typifies the relationship between image rights and copyright law as being primarily conflictual in nature. Nonetheless, it is also possible to focus on the convergences between the right to one’s own image and copyright law, since both refer to intangible assets that combine both extra-patrimonial and patrimonial interests. In this respect, copyright law could serve as a model for the eventual creation of a European patrimonial right to one’s own image. While the idea of promoting the recognition or establishment of a new intellectual property right for protecting the economic attributes of a person’s image in EU Member States’ domestic

  11. Copyright law and academic radiology: rights of authors and copyright owners and reproduction of information.

    Science.gov (United States)

    Stern, E J; Westenberg, L

    1995-05-01

    Desktop computer hardware and software provide many new and accessible avenues for increased academic productivity, but some activities may have legal implications. The advent of technologies such as scanners, the ever-increasing number of electronic bulletin boards, and the development of the "information superhighway" affect the concept of copyright and require authors and publishers to reconsider their legal rights and obligations when they create or publish new works or modify existing ones. For example, with desktop scanners, almost any image, published or otherwise, can be copied, enhanced, and manipulated. Moreover, many radiologists have access to copyrighted digital radiologic teaching file images, such as those from the University of Iowa or the University of Washington, which are available (and "downloadable") on the Internet. Because "downloading" (or "uploading") a document or image is essentially making a copy of that document or image, copyright laws and the rights that they afford authors are involved.

  12. Author’s contract in the Albanian copyright law

    Directory of Open Access Journals (Sweden)

    Oltion Spiro

    2016-03-01

    Full Text Available The relation between the author and his/her artistic creation is very specific and at the same time a strong one. Such relation defies any property and affective connection that an individual may have with an object (Caron, 2011, 25. Copyright constitutes precisely the legal embodiment of the author’s intimate relationship with his/her work. Copyright is a plurality of legal provisions that belongs to the author of the work, in order to protect his/her ownership and eventually the commercial exploitation of such work. In this context, the author, through legal provisions and international conventions duly ratified by Albania, enjoys a relevant legal arsenal in order to defend his/her artistic works so that such works may have a live of its own (Vivant & Bruguière 2009, 23. One of these legal measures is the contract, which in legal doctrine is well known as the author’s contract. By means of such contract, the author has the right to distribute, reproduce, license or certify rights related to his/her artistic work. In this regard, the contract is an irreplaceable tool in the hands of the author to distribute the work and to give it an undeniable value, turning it into one of the most valuable intangible assets in civil circulation. The contract of the author, as the name indicates it, is a contract that obeys to the rules of civil law with respect to the quality of the parties, the characteristics of the object of the contract, its conclusion, the determination of remuneration and the term of duration. On the other hand, it is undeniable that the contract of the author contains rules which are not specifically contemplated by the Civil Code, such as rules relating to the form, interpretation and existence of some sui generis contracts provided in Law 9380 / 2005 “On copyright and related rights” (hereinafter referred to as “Law 9380/2005” or “Law on Copyright” as well as in the Draft Law On Authors Rights (hereinafter referred

  13. Copyrights - Living With a 1909 Law, Part II

    Science.gov (United States)

    Schmidt, Carol

    1975-01-01

    Article emphasizes the difficulties in obtaining copyright permission, present contractual agreements between instructor and university for copyrighting educational materials, and protection against copyright violations. (Author)

  14. Law of the cloud: on the supremacy of the user interface over copyright law

    Directory of Open Access Journals (Sweden)

    Primavera De Filippi

    2013-07-01

    Full Text Available Cloud computing technologies are commonly used for delivering content or information to users who no longer need to store this data onto their own devices. This is likely to have an important impact on the effectivity of copyright law in the context of online applications, insofar as the underlying infrastructure of the cloud is such that is allows cloud operators to control the manner in which and the extent to which users can exploit such content - regardless of whether it is protected by copyright law or it has already fallen in the public domain. This article analyses the extent to which the provisions of copyright law can potentially be bypassed by cloud computing applications whose interface is designed to regulate the access, use and reuse of online content, and how these online applications can be used to establish private regimes of regulation that often go beyond the scope of the traditional copyright regime.

  15. Copyright in the age of online access : Alternative compensation systems in EU copyright law

    NARCIS (Netherlands)

    de Miranda Branco Tomé Quintais, J.P.

    2017-01-01

    The large majority of the EU population uses the Internet. For many individuals, their online acts of enjoyment and expression are restricted by copyright. For users and rights holders alike, the existing model of exclusivity with enforcement is problematic. Online enforcement is either impossible

  16. Networks of power in digital copyright law and policy political salience, expertise and the legislative process

    CERN Document Server

    Farrand, Benjamin

    2014-01-01

    In this book, Benjamin Farrand employs an interdisciplinary approach that combines legal analysis with political theory to explore the development of copyright law in the EU. Farrand utilises Foucault's concept of Networks of Power and Culpepper's Quiet Politics to assess the adoption and enforcement of copyright law in the EU, including the role of industry representative, cross-border licensing, and judicial approaches to territorial restrictions. Focusing in particular on legislative initiatives concerning copyright, digital music and the internet, Networks of Power in Digital Copyright Law and Policy: Political Salience, Expertise and the Legislative Process demonstrates the connection between copyright law and complex network relationships. This book presents an original socio-political theoretical framework for assessing developments in copyright law that will interest researchers and post-graduate students of law and politics, as well as those more particularly concerned with political theory, EU and c...

  17. Flexible copyright: the law and economics of introducing an open norm in the Netherlands

    NARCIS (Netherlands)

    van der Noll, R.; van Gompel, S.; Guibault, L.; Weda, J.; Poort, J.; Akker, I.; Breemen, K.

    2012-01-01

     This study analyses the law and economics of introducing flexibility in the system of exceptions and limitations in Dutch copyright law. Such flexibility would exist in an open norm, on the basis of which the courts can decide whether certain uses of copyrighted material are permissible or not, in

  18. Flexible copyright: the law and economics of introducing an open norm in the Netherlands

    NARCIS (Netherlands)

    van der Noll, R.; van Gompel, S.; Guibault, L.; Weda, J.; Poort, J.; Akker, I.; Breemen, K.

    2012-01-01

     This study analyses the law and economics of introducing flexibility in the system of exceptions and limitations in Dutch copyright law. Such flexibility would exist in an open norm, on the basis of which the courts can decide whether certain uses of copyrighted material are permissible or not,

  19. Price Discrimination, Copyright Law, and Technological Innovation: Evidence From The Introduction of DVDs

    OpenAIRE

    Mortimer, Julie Holland

    2007-01-01

    This paper examines the welfare effects of intellectual property protection, accounting for firms' optimal responses to legal environments and technological innovation. I examine firms' use of indirect price discrimination in response to U.S. copyright law, which effectively prevents direct price discrimination. Using data covering VHS and DVD movie distribution, I explain studios' optimal pricing strategies under U.S. copyright law, and determine optimal pricing strategies under E.U. copyrig...

  20. Copyright Law Basics for the Nursing Professional: Part 2: Protecting Your Work.

    Science.gov (United States)

    LaVelle, Meghan B; LaVelle, Beth Elchek; Port, Kenneth L; Sherlock, Jacob T

    2016-01-01

    This article is a continuation of the discussion of Copyright Law (found in JNPD 31:5) as it applies to nursing professionals. This part focuses on the definition of "work made for hire" and how nursing professional development specialists can both protect and share their own work. Many nurses assume that they own the works they create, but authorship is not necessarily the same as ownership. Misunderstanding copyrights could put one's job and hard work at risk!

  1. Copyright Law Basics for the Nursing Professional: Part 1: Using the Work of Others.

    Science.gov (United States)

    LaVelle, Meghan B; LaVelle, Beth Elchek; Port, Kenneth L; Sherlock, Jacob T

    2015-01-01

    This article covers the basics of Copyright Law as applicable to the use of protected resources and the sharing of information by nurse professionals. It explores frequently cited justifications for copyright violation, including the doctrine of Fair Use and the Technology and Copyright Harmonization Act. It also discusses why those justifications may or may not apply to the nurse professional who teaches in a clinical setting or at a conference.(See CE Video, Supplemental Digital Content 1, http://links.lww.com/JNPD/A2).

  2. Revealing Originality of Song Works: An Analysis to the Copyright Law

    Directory of Open Access Journals (Sweden)

    Derezka Gunti Larasati

    2014-12-01

    Full Text Available The topic of this paper is to describe the defining criteria of originality of song works. The aspect of originality is important to make such work be protected by Copyright Law. In this research, the criteria to define originality are based on certain doctrines and/or theories of originality that may vary case by case. The use of such doctrines and/or theories are necessary, since the stipulations regarding originality in the Indonesian Copyright Act has not been considered suffice. With regard to the song works, the criteria of originality may be different from other works. Therefore, a comprehensive research on the characteristics of song as a work is also important. This research is a qualitative research with prescriptive design. The research depicts the use of certain doctrines and/or theories as supplementary provisions to the Copyright Law in defining the originality of songs, which have specific characteristics resulted from their author’s creations and intellectuals.

  3. Aktuelles Vaterschaftsrecht Current Paternity Law

    Directory of Open Access Journals (Sweden)

    Silvia C. Groppler

    2004-07-01

    Full Text Available Das Fachbuch enthält eine sehr vollständige Übersicht über die Entwicklung und die derzeitige rechtliche Situation im Bereich der Vaterschaftsfeststellung und -anfechtung. Das Buch ist in erster Linie für Praktiker/-innen geschrieben, also insbesondere für Familienrichter/-innen, Jugend- und Standesämter sowie für Anwälte und Anwältinnen, die auf dem Gebiet des Vaterschaftsrechts tätig sind. Es ist aber auch geeignet für all diejenigen, die juristisch mit Vaterschaftsproblemen zu tun haben und sich einen fundierten Überblick verschaffen wollen bzw. das Buch als Nachschlagewerk zu einzelnen Problemfeldern des Vaterschaftsrechts nutzen wollen.This specialized book contains a complete overview of the development and current legal situation in the area of the determination and contestation of paternity. The book is primarily written for practitioners, especially for family judges, youth and registry offices, as well as for male and female lawyers who work in the field of paternity law. But it is also suitable for those who deal with legal paternity problems and would like to gain a sound overview, i.e. would like to use the book as a reference work for specific problem areas of paternity law.

  4. Public Law 94-553-Oct. 19, 1976. An Act For the General Revision of the Copyright Law, Title 17 of the United States Code, and for Other Purposes. Title 17-Copyrights. Ninety-Fourth Congress.

    Science.gov (United States)

    Congress of the U.S., Washington, DC.

    The copyright law of the United States is amended in its entirety by this act that takes effect in 1978. Literary works; musical works; dramatic works; pantomimes and choreographic works; pictorial, graphic, and sculptural works; motion pictures and other audiovisual works; and sound recordings are included in the subject matter of copyright.…

  5. Toward a Human Rights Method for Measuring International Copyright Law’s Compliance with International Human Rights Law

    Directory of Open Access Journals (Sweden)

    Saleh Al-Sharieh

    2016-04-01

    Full Text Available States parties to international copyright instruments are required to give effect to their obligations under international copyright law and fulfil their international human rights obligations with respect to striking a balance between the human rights of the authors of intellectual works and human rights of the users of those same works. The High Commissioner of Human Rights has concluded that such balance ‘is one familiar to intellectual property law’. This conclusion assumes that international copyright law is already compliant with international human rights law. However, international copyright law instruments are not clear about how to reach an appropriate balance between these rights and, as a result, different stakeholders in the international copyright community seek and defend varied versions of balance which are not necessarily consistent. Concurrently, international human rights law bodies and scholars have examined the human rights of authors and users of intellectual works through a copyright law lens, missing a chance to articulate a clear human rights principle of balance. A proper human rights balance between authors’ and users’ human rights recognises the limited nature of both sets of human rights, rejects any hierarchy between them, and interprets them in conformity with the notion of the interdependence and indivisibility of human rights.

  6. What's Yours Is Mine: An Investigation of Current Copyright Policies of Education Journals

    Science.gov (United States)

    Meyer, Katrina A.

    2009-01-01

    This research investigated the current copyright policies of 21 education journals published by academic societies, universities and university presses, and commercial publishers. For the sample I chose only journals with a copyright policy on the journal or publisher web site, and I then analyzed the content of the policies in order to answer…

  7. Ohm's law for a current sheet

    Science.gov (United States)

    Lyons, L. R.; Speiser, T. W.

    1985-01-01

    The paper derives an Ohm's law for single-particle motion in a current sheet, where the magnetic field reverses in direction across the sheet. The result is considerably different from the resistive Ohm's law often used in MHD studies of the geomagnetic tail. Single-particle analysis is extended to obtain a self-consistency relation for a current sheet which agrees with previous results. The results are applicable to the concept of reconnection in that the electric field parallel to the current is obtained for a one-dimensional current sheet with constant normal magnetic field. Dissipated energy goes directly into accelerating particles within the current sheet.

  8. Current state of US breastfeeding laws.

    Science.gov (United States)

    Nguyen, Thu T; Hawkins, Summer Sherburne

    2013-07-01

    This study systematically examined state-level laws protecting breastfeeding, including their current status and historical development, as well as identified gaps across US states and regions. The National Conference of State Legislatures summarised breastfeeding laws for 50 states and DC as of September 2010, which we updated through May 2011. We then searched LexisNexis and Westlaw to find the full text of laws, recording enactment dates and definitions. Laws were coded into five categories: (1) employers are encouraged or required to provide break time and private space for breastfeeding employees; (2) employers are prohibited from discriminating against breastfeeding employees; (3) breastfeeding is permitted in any public or private location; (4) breastfeeding is exempt from public indecency laws; and (5) breastfeeding women are exempt from jury duty. By May 2011, 1 state had enacted zero breastfeeding laws, 10 had one, 22 had two, 12 had three, 5 had four and 1 state had laws across all five categories. While 92% of states allowed mothers to breastfeed in any location and 57% exempted breastfeeding from indecency laws, 37% of states encouraged or required employers to provide break time and accommodations, 24% offered breastfeeding women exemption from jury duty and 16% prohibited employment discrimination. The Northeast had the highest proportion of states with breastfeeding laws and the Midwest had the lowest. Breastfeeding outside the home is protected to varying degrees depending on where women live; this suggests that many women are not covered by comprehensive laws that promote breastfeeding. © 2012 John Wiley & Sons Ltd.

  9. "Fair Use" for Electronic Age: Debate over Copyright Law Heats Up.

    Science.gov (United States)

    DeLoughry, Thomas J.

    1994-01-01

    Users and producers of copyrighted materials are working to determine "fair use" guidelines, like those established in 1976 for printed materials, music, radio, and television programs, to govern access to online documents. Debate is over the need for and feasibility of extending compensation regulations to electronic materials. (MSE)

  10. Copyright Law and Content Protection Mechanisms: Digital Rights Management for Teacher Educators

    Science.gov (United States)

    Ludlow, Barbara L.; Duff, Michael C.

    2007-01-01

    The integration of new technologies using digital media materials in preservice and inservice programs to prepare educational personnel presents both opportunities and challenges for teacher educators in special education. The TEACH Act of 2002 provided some guidelines for appropriate use of copyrighted materials in face-to-face, televised, and…

  11. On the Improvement of the "Copyright Law" of Korea for Library Services for Persons with Disabilities

    Science.gov (United States)

    Yoon, Hee-Yoon; Kim, Sin-Young

    2013-01-01

    One of the most important issues for world libraries at the present time is to extend copyright limitations and exceptions for reproduction, for library preservation and distribution services including lending and ILL/DDS, the printout and transmission of Internet information resources, copying of library materials which are rarely available…

  12. Ownership of Copyright in Works Created in Employment Relationships: Comparative Study of the Laws of Colombia, Germany and the United States of America

    Directory of Open Access Journals (Sweden)

    José Roberto Herrera Diaz

    2010-11-01

    Full Text Available Great quantities of copyrighted works around the world are produced in the context of labor law Relationships. The ownership of these works has been regulated in different ways by the national laws of each country, and the only attempt of legal harmonization has been found in the European Community regarding computer programs created in the course of employment. The sovereignty and territoriality principles by with each country can enact its own laws in its territory to rule on the ownership question has been applied by countries. As an example, Germany and United States have regulated the subject in their respective national copyright laws. Nonetheless, there are similarities and differences in the ways that these two countries regulate the ownership of economic rights. In other countries, such as Colombia, lawmaker have established a legal rule regarding the ownership of moral rights in copyrighted works, but does not define a clear rule on the important issue of the economic rights in such works. This ambiguity has caused legal uncertainty, raising the question as to whether these types of rights belong to employees, private contractors, freelancers or employers. Taking into account the current issues that can arise in works created in employment relationships, this paper will make a comparative study of the laws of Colombia, Germany and the United States of America.

  13. Ownership of copyright in works created in employment relationships: comparative study of the laws of Colombia, Germany and the United States of America

    Directory of Open Access Journals (Sweden)

    José Roberto Herrera Diaz

    2010-11-01

    Full Text Available Great quantities of copyrighted works around the world are produced in the context of labor law Relationships. The ownership of these works has been regulated in different ways by the national laws of each country, and the only attempt of legal harmonization has been found in the European Community regarding computer programs created in the course of employment. The sovereignty and territoriality principles by with each country can enact its own laws in its territory to rule on the ownership question has been applied by countries. As an example, Germany and United States have regulated the subject in their respective national copyright laws. Nonetheless, there are similarities and differences in the ways that these two countries regulate the ownership of economic rights. In other countries, such as Colombia, lawmaker have established a legal rule regarding the ownership of moral rights in copyrighted works, but does not define a clear rule on the important issue of the economic rights in such works. This ambiguity has caused legal uncertainty, raising the question as to whether these types of rights belong to employees, private contractors, freelancers or employers. Taking into account the current issues that can arise in works created in employment relationships, this paper will make a comparative study of the laws of Colombia, Germany and the United States of America.

  14. 版权法上的公共领域研究%On public domain in copyright law

    Institute of Scientific and Technical Information of China (English)

    黄汇

    2009-01-01

    Public domain is a core rule of copyright law, under which various creative materials are available for an author to use without charge or liability for infringement, hence ensuring the effective implementation of copyright law.Public domain is characterized by openness, public ownership, irrevocability and formality. Based on the premise that the author's work will not be interfered, public domain ultimately aims at the enlargement of its own universe and prosperity of the culture of human society. Its introduction into copyright law satisfies both historical and logical demands. Without its acknowledgement,copyright cannot be justified. In that sense, public domain and copyright can be deemed as twins. Public domain is not only an existing institution, but also an ideological tendency or a methodology. It has evaluative and inspective values towards copyright. It is an important precondition of copy-rights, and what is more, an important measure for controlling the expansion and realizing the purpose of copyright.%公共领域是版权法的核心,它是保证作者有效运用各种创作素材从而使版权的其余部分得以良好运转的工具.公共领域具有开放性、有主性、不可撤销性和程序性等特征,它以保证作者的创作为前提,却最终以自身的不断扩大和人类社会的文化繁衍为依归.公共领域在版权法上的生成既是历史的,更是逻辑的.没有公共领域的被承认,也就没有版权的正当性可言,因此公共领域和版权实际上一同诞生.公共领域不仅是一种制度存在物,它更是一种思想倾向和方法论,公共领域对版权具有评价和检视功能,它既是版权运行的重要前提,又是控制版权扩张和实现版权目的的重要手段.

  15. The Property Rights of the Author according to the Law on Copyright and Related Rights of the Republic of Kosovo

    Directory of Open Access Journals (Sweden)

    MSc. Vlorë Bekteshi

    2015-12-01

    Full Text Available Copyright, for a long time has not been regulated or protected at the desired level. The right on intellectual property, as a right of a particular kind and as the right of non-material property, is of particular importance for the contemporary reality. The copyright, in its content, enjoys the rights of personal and property nature. The natural rights, for a long time, have been characterized as very personal rights that relate to the creator of the work itself. This has probably been because in the early times it was impossible the multiplication of the author's work because the handwriting of the work has been a rare process and difficult. Later, with the invention of the typing machine, it was noticed that the works can be easily multiplied, as such came the need to protect the authors and their rights by providing to the authors reward in the case when their work is violated. Property rights are inseparable rights for the authors, which often serve also as stimulus for the creation of new works, but also provide reward for the effort given on the creation of the work. Law on Copyright of theRepublicofKosovois in accordance with the rules of the European Union, but the judicial practice is not in accordance with the Law. This happens because in the reality, the property rights and the moral rights are subject to violations, and as a result is violated even one of the primary and contemporary goals: the law should serve as an incentive for the authors to write and on the other side to satisfy the public with the scientific works. As such, the research objective of this paper is to present the property rights of copyright, the basics of the transfer of these rights, studied also at the comparative aspect.

  16. Possibilities for retracing of copyright violations on current video game consoles by optical disk analysis

    Science.gov (United States)

    Irmler, Frank; Creutzburg, Reiner

    2014-02-01

    This paper deals with the possibilities of retracing copyright violations on current video game consoles (e.g. Microsoft Xbox, Sony PlayStation, ...) by studying the corresponding optical storage media DVD and Blu-ray. The possibilities of forensic investigation of DVD and Blu-ray Discs are presented. It is shown which information can be read by using freeware and commercial software for forensic examination. A detailed analysis is given on the visualization of hidden content and the possibility to find out information about the burning hardware used for writing on the optical discs. In connection with a forensic analysis of the Windows registry of a suspects PC a detailed overview of the crime scene for forged DVD and Blu-ray Discs can be obtained. Optical discs are examined under forensic aspects and the obtained results are implemented into automatic analysis scripts for the commercial forensics program EnCase Forensic. It is shown that for the optical storage media a possibility of identification of the drive used for writing can be obtained. In particular Blu-ray Discs contain the serial number of the burner. These and other findings were incorporated into the creation of various EnCase scripts for the professional forensic investigation with EnCase Forensic. Furthermore, a detailed flowchart for a forensic investigation of copyright infringement was developed.

  17. An Unbroken Axial Vector Current Conservation Law

    CERN Document Server

    Sharafiddinov, Rasulkhozha S

    2015-01-01

    The mass, energy and momentum of the neutrino of a true flavor have an axial-vector nature. As a consequence, the left-handed truly neutral neutrino in an axial-vector field of emission can be converted into a right-handed one and vice versa. This predicts the unidenticality of masses, energies and momenta of neutrinos of the different components. Recognizing such a difference in masses, energies, momenta and accepting that the left-handed axial-vector neutrino and the right-handed antineutrino of true neutrality refer to long-lived C-odd leptons, and the right-handed truly neutral neutrino and the left-handed axial-vector antineutrino are of short-lived fermions of C-oddity, we would write a new CP-even Dirac equation taking into account the flavor symmetrical axial-vector mass, energy and momentum matrices. Their presence explains the spontaneous mirror symmetry violation, confirming that an axial-vector current conservation law has never violated. They reflect the availability of a mirror Minkowski space i...

  18. Copyright Law of the People's Republic of China (Revised in 2010)%中华人民共和国著作权法(2010年修订)

    Institute of Scientific and Technical Information of China (English)

    2010-01-01

    @@ Chapter Ⅰ General Provisions Article 1 This Law is enacted, in accordance with the Constitution for the purposes of protecting the copyright of authors in their literary,artistic and scientific works and rights related to copyright,of encouraging the creation and dissemination of works which would contribute to the construction of socialist spiritual and material civilization, and of promoting the development and flourishing of socialist culture and sciences.

  19. Patient-reported outcomes instruments: bridging the gap between international copyright laws and common practice for developers and users--a case example.

    Science.gov (United States)

    Anfray, Caroline

    2009-12-01

    Copyright laws are intended to protect the rights of authors in their literary, scientific, and artistic works. The recent controversy about the standardized version of the Asthma Quality of Life Questionnaire between Elizabeth Juniper and Eirini Grammatopoulou et al. is an example of the difficulties inherent to copyright faced by developers and users of patient-reported outcome (PRO) instruments. This brief communication presents the basics of international copyright laws (i.e., the Berne Convention), the facts behind the controversy, and our analysis of the case based on our experience as a distributing center of PRO instruments. We conclude that better communication between developers and users would prevent most unfortunate complications and misunderstandings.

  20. Copyright Catechism.

    Science.gov (United States)

    Burke, Edmund B.

    1993-01-01

    Provides a basic introduction to copyright through a question-and-answer format. Topics covered include definition of copyright, copyright notices and registration, rights to owners, duration, software, civil and criminal penalties, the work-made-for-hire doctrine, fair use, transfer, international scope, licenses, and student materials. (EAM)

  1. Derivation of the Biot-Savart Law from Ampere's Law Using the Displacement Current

    Science.gov (United States)

    Buschauer, Robert

    2013-12-01

    The equation describing the magnetic field due to a single, nonrelativistic charged particle moving at constant velocity is often referred to as the "Biot-Savart law for a point charge." Introductory calculus-based physics books usually state this law without proof.2 Advanced texts often present it either without proof or as a special case of a complicated mathematical formalism.3 Either way, little or no physical insight is provided to the student regarding the underlying physics. This paper presents a novel, basic, and transparent derivation of the Biot-Savart law for a point charge based only on Maxwell's displacement current term in Ampere's law. This derivation can serve many pedagogical purposes. For example, it can be used as lecture material at any academic level to obtain the Biot-Savart law for a point charge from simple principles. It can also serve as a practical example of the important fact that a changing electric flux produces a magnetic field.

  2. Demonstration of Kirchhoff's First Law for Pure Spin Currents

    Science.gov (United States)

    Batley, Joseph; Rosamond, M. C.; Ali, M.; Linfield, E. H.; Burnell, G.; Hickey, B. J.

    In conventional electronics a fundamental component of circuit design is the principle of fan-out, which allows multiple operations to be performed in order to build up complex logical procedures. A fan-out device relies on the condition that electrical currents obey Kirchoff's laws and in order for spin-logic to be viable, the same must be shown for pure spin currents. Both fan-out and fan-in experiments have been performed to observe how spin currents behave in a multi-terminal circuit. The development of a 3-dimensional nonlocal IV and matrix fitting method provides information about each spin current, along with the thermal current generated at the injection point, and how they interact with each other. The fan-out geometry demonstrates that a pure spin current will divide between the different branches in a circuit, with a magnitude determined through the spin resistances of each arm. The fan-in measurements demonstrate that two pure spin currents will add and subtract with each other in a conventional manner expected from Kirchhoff's first law. These experiments have demonstrated the symmetry of pure spin currents with respect to the injection current and shown that they obey Kirchhoff's current law.

  3. A Discussion of the Translation of Compulsory License in Copyright Law%著作权法中compulsory license的中译名辨析

    Institute of Scientific and Technical Information of China (English)

    张曼

    2014-01-01

    Chinese scholars usually translate compulsory license into “强制许可” instead of “法定许可” during their research on copyright law documents.Nevertheless,this paper holds that this method is not correct by considering academic papers,judicial cases and legal practice in foreign countries,in which com⁃pulsory license and statutory license both can be understood as“法定许可”.In addition,compulsory license shall be translated differently both in patent law and copyright law due to different environment.%国内学界在研究著作权法外文文献时,往往将compulsory license翻译为强制许可而非法定许可。然而,对国外学术论文、司法判例和立法实践的考察发现,上述翻译实为不妥,即在著作权法中compulsory license和statutory license通常都被用来表达法定许可这一概念。由于语境不同,compulsory license在著作权法和专利法中应作不同翻译。

  4. Lexicography, Terminography and Copyright

    African Journals Online (AJOL)

    Elektroniese publikasies en verspreiding op die Internet word oorweeg en bespreek, en ten slotte ... minographer's legal position are abundant, being defined in terms of national copyright laws and ..... hoW to translate most things. As Trittipo ...

  5. COPYRIGHT CLAMPDOWN

    Institute of Scientific and Technical Information of China (English)

    2006-01-01

    China is creating a mechanism to protect copyrights against Internet file swappingAs a writer who pens books and the occasional song lyrics, Huang Jiwei has discovered an interesting contrast. For the lyrics he wrote years ago for the pop song Friends, he receives payments whenever the song is played in karaoke bars or used as a ring tone for mobile phones. But for reproductions of his articles and books on websites, Huang

  6. Copyright in the digital classroom.

    Science.gov (United States)

    Van Draska, Meridee S

    2003-01-01

    Copyright law was developed to protect the rights of authors. Many educators are aware of copyright law, but they may not be aware of how it applies to them or of the law's scope in regards to computer technology. As the computer is used increasingly to disseminate information, teaching professionals also must have knowledge of the applications of the law to this developing technology. This article reviews the laws defining copyright and fair use. It examines case law regarding copyright, computers, and the Internet. Recommendations for using computers to disseminate class materials to students are discussed.

  7. 版权合理使用制度的法经济学分析%Law and Economics Analysis of the Copyright Fare Use System

    Institute of Scientific and Technical Information of China (English)

    刘廷华

    2014-01-01

    由于作品具有非排他性和非竞争性特征,法律必须为版权提供保护以激励创作积极性。但版权制度本身也会产生一定的成本,可能造成作品不能得到充分利用而降低资源配置效率。基于利益平衡的考虑,必须利用版权合理使用制度对著作人的版权设置必要的限制,以纠正由于交易成本过高、正外部性和反公地悲剧等因素引起的市场失灵,确保版权合理使用带来的收益大于著作权人因此而遭受的损害。%Because of works′two characteristics: non-excludability and non -rivalry, the law must provide protection for copyright to stimulate creative enthusiasm .But copyright system itself will produce a certain cost , which may cause the works can not be fully utilized and reduce the efficiency of resource allocation .W must use the copyright fair use sys-tem to set the necessary limits considered interests balance in order to correct market failure due to high transaction costs , externalities and the Tragedy of Anti -Commons and ensure benefits from fair use of copyright other than the damage of copyright owner may suffer.

  8. Questions of copyright.

    Science.gov (United States)

    Anfray, Caroline; Emery, Marie-Pierre; Conway, Katrin; Acquadro, Catherine

    2012-01-31

    The Berne Convention and the national laws on intellectual property fully apply to PRO instruments. The identification of and access to an original PRO instrument is often associated with copyright ownership. This is the copyright holder of the instrument who will control its access (distribution and reproduction), its adaptation or modification, and its translation. Copyright is a means to protect the integrity of an instrument. The ownership of an instrument should be defined in the beginning between all parties involved, and each step of the instrument's life, including distribution, should be anticipated for purpose of copyright.

  9. Copyright: Regulation Out of Line with our Digital Reality?

    Directory of Open Access Journals (Sweden)

    Abigail J. McDermott

    2008-03-01

    Full Text Available This paper provides a brief overview of the current state of copyright law in the United States, focusing on the negative impacts of these policies on libraries and patrons. The article discusses four challenges current copyright law presents to libraries and the public in general, highlighting three concrete ways intellectual property law interferes with digital library services and systems. Finally, the author suggests that a greater emphasis on copyright literacy and a commitment among the library community to advocate for fairer policies is vital to correcting the imbalance between the interests of the public and those of copyright holders.

  10. An Unbroken Axial-Vector Current Conservation Law

    Science.gov (United States)

    Sharafiddinov, Rasulkhozha S.

    2016-04-01

    The mass, energy and momentum of the neutrino of a true flavor have an axial-vector nature. As a consequence, the left-handed truly neutral neutrino in an axial-vector field of emission can be converted into a right-handed one and vice versa. This predicts the unidenticality of masses, energies and momenta of neutrinos of the different components. Recognizing such a difference in masses, energies, momenta and accepting that the left-handed axial-vector neutrino and the right-handed antineutrino of true neutrality refer to long-lived C-odd leptons, and the right-handed truly neutral neutrino and the left-handed axial-vector antineutrino are of short-lived fermions of C-oddity, we would write a new CP-even Dirac equation taking into account the flavor symmetrical axial-vector mass, energy and momentum matrices. Their presence explains the spontaneous mirror symmetry violation, confirming that an axial-vector current conservation law has never violated. They reflect the availability of a mirror Minkowski space in which a neutrino is characterized by left as well as by right space-time coordinates. Therefore, it is not surprising that whatever the main purposes experiments about a quasielastic axial-vector mass say in favor of an axial-vector mirror Minkowski space-time.

  11. Who is an astronaut? The inadequacy of current international law

    Science.gov (United States)

    Lyall, F.

    2010-06-01

    The concept of 'astronaut' as found in law in the 'space treaties' and elsewhere does not fit well with the modern proposals for commercial space tourism. Will the 'rescue and return' provisions apply to commercial flights? Many national laws will apply to space tourism but for the future the international legal regime should be reconsidered. Finally what may happen in a crisis in space?

  12. Teaching Voltage-Current Relationships without Ohm's Law.

    Science.gov (United States)

    McIldowie, Eric

    1998-01-01

    Outlines a course based on a series of experiments in which students are introduced to the behavior of electrical components without any references to Ohm's law. Argues that this approach has advantages over the traditional presentation. (DDR)

  13. Current Developments in Communications Law in the United States

    Science.gov (United States)

    Hadl, Robert D.

    1973-01-01

    Article reviews some of the major developments in communications law in the United States in the past year (1972). Significant events are covered in the areas of cable television, television programming and domestic satelites. (Author)

  14. Educational implications for copyright in a digital world.

    Science.gov (United States)

    Spallek, H; Schleyer, T K

    1999-09-01

    Statutory law and court cases currently leave fair use of copyrighted material poorly defined and fail to provide effective guidance for the use of others' work. Copyright legislation is undergoing significant change, accelerated by the evolution of computing and communication technologies. This paper reviews copyright issues, fair use guidelines, and applicable laws and statutes to help administrators and educators understand and comply with copyright regulations. The paper describes principles of copyright and ownership, the rights of copyright holders, and the conditions under which copyrighted material can be used by others. Recently introduced legislation, such as the 1998 Digital Millennium Copyright Act, may significantly affect how educators can use copyrighted material in the future. The integration of computer and communication technology into education raises a number of intellectual property issues for dental schools. This paper provides some general guidelines regarding copyright issues in academic environments.

  15. Current issues of space law before the United Nations

    Science.gov (United States)

    Hosenball, S. N.

    1974-01-01

    The United Nations' activities in the area of space law and the accomplishments of the Outer Space Committee are discussed. Two draft conventions, the draft treaty on the moon and the draft treaty on the registration of space objects are considered. Other issues covered include the direct broadcast by satellite, the boundary between air space and outer space, and remote sensing from space.

  16. 文化企业版权担保融资现状与出路%Current Situation and Way out of Cultural Enterprise Copyright Guaranty Financing

    Institute of Scientific and Technical Information of China (English)

    丛彦国

    2015-01-01

    作为一种融资手段,版权担保为文化企业带来了希望。版权担保融资的特点是可设立担保的版权类型众多、邻接权可设立担保、未来作品可设立担保以及版权许可使用产生的债权可设立担保。但是,由于在理论上、法律环境上和实践上的困境,使版权担保融资的应用程度有限。在现有法律环境下,改善文化企业版权担保融资的路径主要包括结束理论上无价值的争端、完善版权担保评估制度、政府支持和参与其中以及改变文化企业单一的盈利模式。版权担保融资关系到知识产权、文化企业和银行业务的发展,也关系到国家贸易安全。%As a means of financing, guaranty financing brings the hope to cultural enterprise. The characteristics of copyright guaranty financing are as follows: there are various guaranty objects with many types of copyrights, neighboring right can guarantee, future work can guarantee, the claims from copyright licensing use can guarantee. However, by reason of theoretical, legal and practical dilemmas, the application level of copyright guaranty financing is limited. Under the current legal environment, the methods of improving cultural enterprise copyright guaranty financing are as follows: ending worthless disputes, improving copyright guaranty evaluation system, government's support and participation, changing the single profit model of culture enterprise. Copyright guaranty financing has relation to copyright, cultural enterprise and bank's business development, in addition, it has relation to national trade safety.

  17. The Standard for the Approval of Promethean Works in Copyright Law%版权法上作品独创性的认定标准

    Institute of Scientific and Technical Information of China (English)

    蔡晓东

    2011-01-01

    要获得版权保护,作品必须具有独创性,在版权法上简单地说,独创性不是复制原作,而是具备最低限度的创造性。即使是相当简单的作品只要其表达展示了必要的独创性就可获得保护。论述了作品获得版权保护条件之一独创性的标准,并结合美国司法判例分析了几种特殊作品具备独创性认定的条件。%To be eligible for copyright protection,a work must be "original".Simply stating,the original means it is not copied,and exhibits a minimal amount of creativity.Nevertheless,relatively simple works are entitled to copyright protection as long as the necessary quantum of originality is present.This paper will review the level of creativity required for copyright protection,and examine cases that applied the requisite creativity threshold to different combinations of public domain shapes and text.

  18. Bankruptcy Proceedings and the Violation of Shareholders’ Rights in the Context of Special Legal Protection Conferred by Copyright Law in Romania

    Directory of Open Access Journals (Sweden)

    Anca Popescu-Cruceru

    2012-02-01

    Full Text Available Insolvency law creates a privileged position of the creditor, which is provided with a lever to manipulate the property while the debtor can deprive shareholders of the wording of any application or appeal, and thus violating the management of property rights, arising from the right ownership’ on the social shares. The lack of Romanian legislation gives no possibility of the shareholder to protect his property rights in case the company loses its legal personality while it still has assets with a non-concluded legal regime until the bankruptcy procedure is closed. Therefore, as the same problem appears in case a company which acts as a shareholder in another legal entity lose its legal personality, it has to give effectiveness to the related civil norms of inheritance, other than the remaining assets will remain without owner.

  19. The New Rules of Copyright

    Science.gov (United States)

    Salpeter, Judy

    2008-01-01

    Complying with, and teaching young people about, copyright in an educational setting often feels burdensome. That's because copyright laws were not designed to facilitate the sort of sharing and collaborating that has become widespread in the digital age. The innovative nonprofit organization Creative Commons turns the process around, making the…

  20. Air gun wounding and current UK laws controlling air weapons.

    Science.gov (United States)

    Bruce-Chwatt, Robert Michael

    2010-04-01

    Air weapons whether rifles or pistols are, potentially, lethal weapons. The UK legislation is complex and yet little known to the public. Hunting with air weapons and the laws controlling those animals that are permitted to be shot with air weapons is even more labyrinthine due to the legal power limitations on the possession of air weapons. Still relatively freely available by mail order or on the Internet, an increasing number of deaths have been reported from the misuse of air weapons or accidental discharges. Ammunition for air weapons has become increasingly sophisticated, effective and therefore increasingly dangerous if misused, though freely available being a mere projectile without a concomitant cartridge containing a propellant and an initiator.

  1. The law of similars: current biases in its application

    Directory of Open Access Journals (Sweden)

    Giovanna Silvestri

    2012-09-01

    Full Text Available Background and Aims. Homeopathic prescription is based on the so-called law of similars, i.e. 1 on a patient sharing symptoms with the artificial and reversible disease caused by a drug taken in the state of health in a proving (Materia Medica Pura; 2 on systematic observations of pathogenetic effects due to accidental drug abuse (toxicology. However, in contemporary homeopathy, distortions in the application of the law are not infrequent, and they will be considered here. Methods. Two main biases are described and analyzed: 1 the shift towards the law of the same, concerning methods like isopathy and homotoxicology; 2 the a priori attribution of therapeutic properties to high dilutions of a given substance. The first twist can be retraced to the extension of the concept of drainage. Drainage is aimed to restore a blocked function by making use of a drug with affinity for a given anatomic district or a specific function – tropism. To some extent this technique is compatible with classical homeopathy, though not based on the law of similars. In any case, drainage has limited effects and typically precedes the use of a simillimum identified within a holistic view. The second kind of distortion is due to the influence of the ancient doctrine of signaturae. In the Organon S. Hahnemann warns against the temptation of ascribing to remedies any effect or property without a preliminary screening through proving. However, while doctrine of signaturae was regarded by classical masters as a further support to experimental findings, rather than being used to infer ex novo substance properties, several homeopaths have expanded its application to the point of using it as an alternative approach to Materia Medica. Conclusions. In a picture of contemporary homeopathy based on these premises, we can draw a line which goes from methods combining isopathy and drainage, acting only on a local level, to approaches somewhat related to the doctrine

  2. Is current EU food safety law geared up for fighting food fraud?

    NARCIS (Netherlands)

    Meulen, van der Bernd

    2015-01-01

    Malicious intent appears to be a blind spot in European Union (EU) food safety law. The current system of law has been created in reaction to food safety incidents. As a consequence it has been designed to deal with accidental problems not with intentionally deceitful actions of people. The horse

  3. Current issues of international law on offshore abandonment, with special reference to the United Kingdom

    Energy Technology Data Exchange (ETDEWEB)

    Gao, Zhiguo [Univ. of Dundee, Scotland (United Kingdom)

    1997-11-01

    This article attempts to provide an up-to-date overview of the recent developments of international law on offshore abandonment. It scrutinizes the current issues and debates on the subject at both international and national levels, with special reference to the legislation and practice in the United Kingdom. Through a study of the current issues and trends in international law and policy developments, the articles undertakes to provide, where possible, practical considerations as to the possible resolution of some of the prominent problems faced by the international community in general, and some member states in particular. The future direction of international abandonment law also is briefly outlined.

  4. Photography as a copyright work

    Directory of Open Access Journals (Sweden)

    Brankov Boba M.

    2016-01-01

    Full Text Available The original holder of copyright has moral rights and property rights according to the law. Photograph can be regarded as copyright work, if it meets the criteria stipulated by the legal definition of copyright work: a photo must be created by a human being, it must have a spiritual content, spiritual content above must have the appropriate form and must be an original work. Committee on Constitutional and Legislative Affairs in January 2016 submitted to the National Assembly of the Republic of Serbia a proposal to adopt authentic interpretation of the provisions of article 2, paragraph 2 of Copyright Law. The purpose of this proposal is that each routinely made photo, which is downloaded in digital form, can not be considered as a copyright work. The proposal of the authentic interpretation above is the motive of this article. This work is focused on the elements of photograph as copyright work, copyright infringement due to unauthorized use of photographs, with special reference to the infringement of copyright through social networks.

  5. Photocopying and the New Copyright Law.

    Science.gov (United States)

    Little, Craig B.; Halley, Fred S.

    1979-01-01

    Reports on the time, ease, and cost of obtaining permission to use photocopied journal articles for library reserve use. Findings from correspondence with 20 journals indicated that photocopying permission is usually easy to obtain and free. Results are discussed in reference to teaching, the professional implications of the accessibility of…

  6. BANK DEPOSIT CONTRACT: CURRENT STATUS OF LEGISLATION AND LAW ENFORCEMENT

    Directory of Open Access Journals (Sweden)

    Oleg Kozhevnikov

    2017-01-01

    Full Text Available УДК 347.734The relevance of the study is determined by the debates around legal rules devoted to the bank deposit contract, as well as an extensive judicial practice, revealing the problems of existing legislation. Purpose: to systematize the main problems of enforcement related to the bank deposit contract and to suggest ways of improving the current legislation. Meth-ods: general and special scientific methods (systemic, comparative, formal-logical and other are used. Results: on the basis of the comparative experience of Belarus, Kazakhstan and other foreign countries, analysis of judicial practice proposals to improve existing legislation are presented (including types of contract, investigation of deposits, bail-in.The authors conclude, it is necessary to supplement Chapter 44 of Russian Civil Code by rules on types of bank deposit agreement, establish the order of registration of the deposit and deposited funds with the remote technology, by list of requirements as to the form of deposit and savings certificates, by details and peculiarities of treatment, as well as consolidate the definition of "interest capitalization" and establish the list of cases of restriction of the rights of depositors for disposal of deposits. Procedural rules on the investigation of the deposits, determining the jurisdiction of cases on the protection of investors, are also should be improved.

  7. Statistical interpretation of transient current power-law decay in colloidal quantum dot arrays

    Energy Technology Data Exchange (ETDEWEB)

    Sibatov, R T, E-mail: ren_sib@bk.ru [Ulyanovsk State University, 432000, 42 Leo Tolstoy Street, Ulyanovsk (Russian Federation)

    2011-08-01

    A new statistical model of the charge transport in colloidal quantum dot arrays is proposed. It takes into account Coulomb blockade forbidding multiple occupancy of nanocrystals and the influence of energetic disorder of interdot space. The model explains power-law current transients and the presence of the memory effect. The fractional differential analogue of the Ohm law is found phenomenologically for nanocrystal arrays. The model combines ideas that were considered as conflicting by other authors: the Scher-Montroll idea about the power-law distribution of waiting times in localized states for disordered semiconductors is applied taking into account Coulomb blockade; Novikov's condition about the asymptotic power-law distribution of time intervals between successful current pulses in conduction channels is fulfilled; and the carrier injection blocking predicted by Ginger and Greenham (2000 J. Appl. Phys. 87 1361) takes place.

  8. Some comments on the current (and future status of Muslim personal law in South Africa

    Directory of Open Access Journals (Sweden)

    C Rautenbach

    2004-10-01

    Full Text Available The state law of South Africa consists of the common law and the customary law. However, in reality there exist various cultural and religious communities who lead their private lives outside of state law. For example, the Muslim community in South Africa is a close-knit community which lives according to their own customs and usages. Muslims are subject to informal religious tribunals whose decisions and orders are neither recognised nor reviewable by the South African courts.The non-recognition of certain aspects of Muslim personal law causes unnecessary hardships, especially for women. A Muslim woman is often in a "catch two" situation. For example, on the one hand her attempts to divorce her husband in terms of Muslim law may be foiled by the relevant religious tribunal and, on the other hand, the South African courts may not provide the necessary relief, because they might not recognise the validity of her Muslim marriage. Increasingly, South African courts are faced with complex issues regarding the Muslim community. The last few years there has been a definite change in the courts' attitude with regard to the recognition of certain aspects of Muslim personal law. Contrary to pre-1994 court cases, the recent court cases attempt to develop the common law to give recognition to certain aspects of Muslim personal law. This article attempts to give an overview of the recent case law that dealt with issues regarding the recognition of aspects of Muslim personal law. Another issue, which eventuates from the current situation, is whether the South African legal order should continue to have a dualistic legal order or whether we should opt for a unified legal order or even a pluralistic legal order. In order to address this issue, some comments on the current status of Muslim personal law will be made and, finally, in order to contribute to the debate regarding the recognition of Muslim personal law, optional models for the recognition of Muslim

  9. Collective management of copyright and related rights

    CERN Document Server

    2010-01-01

    In the course of the last decade, collective management organizations (CMOs) have become the nerve centres of copyright licensing in virtually every country. Their expertise and knowledge of copyright law and management have proven essential to make copyright work in the digital age. This book, an extensively revised and updated edition of the only major work on the legal status of CMOs, offers an indepth analysis of the various operating CMO models, their rights and obligations vis-a-vis both users and members, acquisition of legal authority to license, and (most important) the rights to license digital uses of protected material and build (or improve current) information systems to deal with ever more complex rights management and licensing tasks. All the chapters have been updated since the 2005 edition, and a new chapter on multiterritorial licensing has been added. Factors considered include the following: * role of 'families' such as the International Confederation of Societies of Authors and Composers ...

  10. 專論/數位環境的著作權法制思考/賴文智;王文君 | Rethinking Copyright Law System in Digital Environment / Wen-chi Lai;Wen-chun Wang

    Directory of Open Access Journals (Sweden)

    賴文智、王文君

    2007-04-01

    Full Text Available

    本文研究議題為著作權法制面對數位環境衝擊之制度調整思考。本文首先說明數位與網路科技不僅為當代社會著作利用帶來相當多的變化,也使著作權制度面 臨諸多困難議題。藉由對著作權法制發展史與著作權法第1條規定的檢視,本文提出「促進著作流通利用」乃達致著作權法各項立法目的之共同且最主要之途徑(方 法),並嘗試在此脈絡下,檢視合理使用、公開傳輸權、權利管理電子資訊、防盜拷措施的保護及著作權仲介團體條例等制度設計。最終重申並闡釋「促進著作流通 利用」乃是用以檢視著作權制度是否合於當代社會需求之關鍵。

    At first, this paper raises the question on the impacts of Copyright System in digital environment. From reviewing history of Copyright System and Article 1 of Copyright Act, this paper holds that encouraging circulation and use of copyrighted work is main purpose of Copyright Act. This paper describes that facing digital and network technologies, the use of copyrighted work in our society has several changes. These changes, from the point of view that the main purpose of Copyright System is encouraging circulation and use of copyrighted work, make Copyright System facing several difficult issues. Finally, this paper examines several issues of Copyright System, such as, fair use, right of public transmission, electronic rights management information, protection of technological protection measures and Copyright Intermediary Organization Act. Encouraging circulation and use of copyrighted work is always the key of examining whether the Copyright System fit the need of current society.

    頁次:30-38

  11. On Vicarious Liability Rules of Copyright Law---Reviewing Related Regulations Perfection of China%论著作权法替代责任制度--兼评我国立法相关条款的完善

    Institute of Scientific and Technical Information of China (English)

    姚鹤徽

    2013-01-01

    Vicarious Liability , as an important rule in the traditional civil tort law , primarily used in em-ployer-employee relationship , guardianship relationship , reflects the values of civil law protecting the inter-ests of vulnerable parties and seeking a reasonable distribution of unfortunately harm .The United States copy-right law , also through cases introduced this rules , gradually identified types of vicarious liability cases , bring-ing the judicial protection of copyright with great convenience .Vicarious liability in the field of copyright law not only reflects the law ’ s moral values of fairness and justice , but also meets the requirements of economic ef-ficiency .Article 22 of paragraph 4 in China's the Right of Communication through Information Network Regula-tions are about vicarious liability rules , but its liability requirements has defects , putting Internet service pro-viders overweight supervision and control obligation , and conflicting with indirect infringement rule .When es-tablishing the copyright vicarious liability rules under Network environment , we need analyze the status of net-work operators , assess their source of profit and supervision control ability and avoid interference with its nor-mal business activities .%作为民法侵权责任法中的重要制度,替代责任主要适用于雇佣和监护关系,体现了民法保护弱势群体、合理分配不幸损害的价值理念。在著作权领域,美国率先通过判例引入替代责任,并逐渐将适用这一规则的案件类型化,为著作权保护提供了极大的便利。著作权替代责任制度不仅体现了法的公平正义价值取向,也符合法的经济效率要求。我国《信息网络传播权保护条例》第22条第4款是关于替代责任的规定,但其责任构成要件存在缺陷,给网络服务提供商施加了过重的监督控制义务,且与间接侵权规则相冲突。网络环境下建立著作权替代责任规则

  12. The copyright book a practical guide

    CERN Document Server

    Strong, William S

    2014-01-01

    Through five editions since 1981, this book has offered the most comprehensive accessible guide available to all aspects of copyright law. Now, with the sixth edition, The Copyright Book has been thoroughly updated to cover copyright for the Internet age, discussing a range of developments in the law since 2000. The only book written for nonlawyers that covers the entire field of copyright law, it is essential reading for authors, artists, creative people in every medium, the companies that hire them, users of copyrighted material, and anyone with an interest in copyright law from a policy perspective. New material includes greatly expanded coverage of infringement and fair use, with detailed discussion of recent decisions, including the Grateful Dead, Google, and HathiTrust cases. The new edition considers such topics as open access, the defeat of the Stop Online Piracy Act (SOPA), file sharing, e-reserves, the status of "orphan works," and the latest developments under the Digital Millennium Copyright Act (...

  13. Managing copyright in higher education a guidebook

    CERN Document Server

    Ferullo, Donna L

    2014-01-01

    Written by the director of the University Copyright Office at Purdue University who holds both law and library science degrees, this is complete, authoritative guide is a must-purchase for every institution of higher education seeking to comply with the copyright law and thus avoid potential liability exposure.

  14. The Law and Economic Analysis of Copyright Fair Use Issue in Google Digital Library --On Perfecting the Relevant Regulation of Copyright Law in Our Country%谷歌数字图书馆著作权合理使用问题的法经济学分析——兼论我国著作权法相关规定的完善

    Institute of Scientific and Technical Information of China (English)

    姚鹤徽

    2012-01-01

    著作权法合理使用制度在法经济学上的正当性在于市场失灵,主要表现为交易成本过高和正外部性无法有效地内部化。从表面上看,谷歌为构建其数字图书馆,未经授权扫描他人作品的行为构成著作权侵权。然而,谷歌扫描他人图书的行为面临着著作权市场上交易成本过高和正外部性难以有效地内部化的市场失灵。由于市场无法完成作品资源的优化配置,谷歌的行为宜认定为合理使用,以充分释放网络技术的能量,造福于社会公众。%The legitimacy of law and economics of fair use system in copyright law is market failure, mainly assumes for transaction costs too high and positive externality unable to effectively internalization. On the surface, for the construction of the dig- ital library, Google Unauthorized scanning works of others constitutes copyright infringement. However, Google scan others books facing market failure of transaction costs too high and positive externality cannot be effectively internalization in the copyright mar- ket. Since the market can't complete the works of optimal allocation of resources, Google's behavior should be identified as fair use, in order to release the energy of the network technology, better service to the public.

  15. Coase and copyright

    NARCIS (Netherlands)

    Kreiken, F.H.; Koepsell, D.R.

    2013-01-01

    The call for more copyright legislation and enforcement is controversial. It requires more state regulation and potentially undermines public values, economic efficiency, and fundamental rights. This seems the way forward because creative industries and governments frame copyright as an ordinary

  16. Librarian Copyright Literacy: Self-Reported Copyright Knowledge among Information Professionals in the United States

    Science.gov (United States)

    Estell, Allison; Saunders, Laura

    2016-01-01

    Librarians often act as default copyright experts at their institutions and thus must have an awareness of copyright law and practices. Nevertheless, there is little in the scholarly literature about how well informed librarians are about copyright law. Through a national survey of professional librarians, this study illustrates librarians'…

  17. Exploring Faraday's Law of Electrolysis Using Zinc-Air Batteries with Current Regulative Diodes

    Science.gov (United States)

    Kamata, Masahiro; Paku, Miei

    2007-01-01

    Current regulative diodes (CRDs) are applied to develop new educational experiments on Faraday's law by using a zinc-air battery (PR2330) and a resistor to discharge it. The results concluded that the combination of zinc-air batteries and the CRD array is simpler, less expensive, and quantitative and gives accurate data.

  18. Analysis of AMLC test results in the light of Copyright Law and scientific research moral%AMLC检测结果之《著作权法》与科研道德分析

    Institute of Scientific and Technical Information of China (English)

    陈锐锋

    2012-01-01

    使用AMLC为检测工具,检测国内某医学期刊2011年第1~4期所发表的139篇论文中存在的学术不端问题,检出可疑对象21篇,发现合法发表6篇(4.3%),存在学术不端15篇(10.8%)。并据此进行著作权分析和科研道德分析。指出AMLC的检测结果存在“假阳性”问题。提出大力推广应用AMLC,从编辑出版各环节防范学术不端的同时,应科学分析AMLC的检测结果,对“假阳性”结果应加以剔除,同时应加强科研道德教化和《著作权法》的普及教育,加强立法,坚决打击侵犯著作权的行为等一系列措施。%With the fast development of information technology, it is more convenient to acquire and use the desired information, which results in frequent academic infringements. Using AMLC as the tool, we tested the academic misconduct in the first four issues of a domestic medical journal published in 2011. Of 139 tested papers, 6 papers (4. 3%) are free of misconduct, 21 are suspectable, and 15 (10.8%) are detected having academic misconduct. However, we find that the suspectable or detected misconduct is somewhat exaggerated according to the Copyright Law and scientific research moral. This paper point out that, while popularizing AMLC to prevent academic misconduct, we should analyze the test results scientifically, and screen out those "false" results. We should also strengthen universal education to people in terms of Copyright Law and scientific research moral, reinforce legislation, and fight firmly against copyright infringements.

  19. 数字著作权交易制度价值考量--基于经济法视角%The Value Consideration of Digital Copyright Transaction System Based on the Perspective of Economic Law

    Institute of Scientific and Technical Information of China (English)

    史辉

    2016-01-01

    对于复杂、系统的著作权交易问题转化为具体理论工具分析的学术问题,本文主要从制度的价值考量入手,基于经济法视角和学科理论对数字著作权交易制度进行价值考量,进一步阐释知识产权制度的内部矛盾与外部性适应问题。以期这种制度的价值研究有利于著作权交易制度的完善,使市场、政府和司法之间的张力缓和,使其制度在应然价值的追求上实现使然的状态。%For complex,system of copyright trade transformation for the analysis of specific theoretical tool of academic problems,this thesis starts from the consideration of the value of the system,based on the value consideration from the perspective of the economic law and the theory of digital copyright trading system,made further interpretation of the intellectual property system internal conflicts and external adaptation problems. In order that the study of the value of this system is conducive to the perfection of the copyright trading system,the tension between the market,the government and the judiciary,so that the system should be in the pursuit of the ideal value to achieve the result of the state.

  20. Coase and copyright

    NARCIS (Netherlands)

    Kreiken, F.H.; Koepsell, D.R.

    2013-01-01

    The call for more copyright legislation and enforcement is controversial. It requires more state regulation and potentially undermines public values, economic efficiency, and fundamental rights. This seems the way forward because creative industries and governments frame copyright as an ordinary pro

  1. Reforming Copyright Is Possible

    Science.gov (United States)

    Samuelson, Pamela

    2012-01-01

    The tantalizing vision of universal access to the cultural and scientific heritage of humanity seemed close to fulfillment in 2008, when Google announced the settlement of a class-action lawsuit charging that its Google Book Search project infringed copyright by scanning in-copyright books from major research-library collections. But it was not to…

  2. 著作權法「防盜拷措施」條款例外規定要點之檢討 The Review of Regulations Concerning the Exceptions of Anti-piracy Measures Clauses in Taiwan Copyright Law

    Directory of Open Access Journals (Sweden)

    章忠信 Chung-Hsin Chang

    2006-12-01

    Full Text Available 「科技保護措施」是著作權人在數位網路環境下,以技術保護其權利的重要手段,國際著作權法制對於這些「科技保護措施」,再以法律保護,使其不被任意破解或規避。然而,這些規定對於廣大的公眾利益究竟有何負面影響,非無疑義。我國著作權法在2004 年9 月1 日增訂「防盜拷措施」條款後,主管機關終於在2006 年3 月23 日發布「防盜拷措施」排除適用範圍之認定要點,即「著作權法第80 條之2 第3 項各款內容認定要點」,本文針對此一要點的訂定背景與內容作簡要介紹與分析,期望引起各界的關注,也可以為本要點下一次的檢討修正作準備。 Technological Protection Measures (TPMs is an important method for copyright owners to employ technology to protect his right under digital internet environment. International copyright treaty establishes legal regime to prevent those TPMs from crack or circumvention. However, what negative side effects those regulations may cause to the public interest needs to be evaluated. Taiwan amended its Copyright Law and introduced so-call Anti-piracy Measures clauses on Sep. 1, 2004. In addition, the Competent Authority released the regulations concerning the details of exceptions and limitations set forth in Paragraph 3 of Article 80ter on Mar. 23, 2006. This Article summarizes the background and analysis the details of the regulations. The purpose of this Article is to raise the public concern to this issue. It may also make a preparation to amend the Regulation.

  3. The Photocopying Revolution and the Copyright Crisis

    Science.gov (United States)

    Weinberg, Louise

    1975-01-01

    The impact and threat to the publishing industry due to the increased use of photocopying services is discussed. Present inadequacies in the copyright law are analyzed and possible remedial legislation suggested in terms of licensed photocopying proposals. (EH)

  4. Copyright for archivists and records managers

    CERN Document Server

    Padfield, Tim

    2010-01-01

    This comprehensive manual outlines copyright law in the UK with special reference to materials relevant to archive and records collections such as maps, legal records, records of local authorities, and more.

  5. Derivation of the Biot-Savart Law from Ampere's Law Using the Displacement Current

    Science.gov (United States)

    Buschauer, Robert

    2013-01-01

    The equation describing the magnetic field due to a single, nonrelativistic charged particle moving at constant velocity is often referred to as the "Biot-Savart law for a point charge." Introductory calculus-based physics books usually state this law without proof. Advanced texts often present it either without proof or as a special…

  6. Copyright Goes Philosophical

    Science.gov (United States)

    Romano, Carlin

    2012-01-01

    Last month brought an explosion of breaking news about intellectual-property issues, including copyright--the public battle over Internet-piracy bills in Congress, with ideological alliances crisscrossing standard lines, and sponsors turning against their own bills; the Supreme Court decision, "Golan v. Holder," which strengthened copyright…

  7. Online Copyright Dilemmas

    Institute of Scientific and Technical Information of China (English)

    2007-01-01

    China struggles to strike a balance between the interests of copyright holders, Internet service providers and the public China’s Internet surfer population of 162 million is one of the largest in the world, second only to that of the United States. But

  8. 论AppStore在中美网络版权法上的性质%On the Nature of Application Store in Copyright Law of China and the US

    Institute of Scientific and Technical Information of China (English)

    徐文

    2013-01-01

    App Store即application store,通常译为“应用程序商店”,由美国苹果公司于2008年3月首创,2009年以来其他运营商也纷纷崛起,现已形成庞大的前瞻性市场。苹果作为主导者,仅2011-2012年就发生了几起举国关注的版权纠纷,如“作家联盟诉苹果案”、“大百科诉苹果案”。中国的《信息网络传播权保护条例》新司法解释刚于2013年1月1日起正式实施。App Store在版权法上的性质和责任,及商业模式与版权保护之争,已成为新法背景下的重要命题。%Application store, usually named as“App Store”, is created firstly by the U.S. company Apple. Inc. in March 2008. Since 2009, there was a rise of other carriers and application store has been a huge market now. Apple, as a leader, was involved in series of legal disputes during 2011 to 2012, such as “Writers’ Union v. Apple”,“Encyclopedia Book v. Apple.” China’s newest judicial interpretation on “Information Network Dissemination Right Protection Ordinance” came into force on January 1, 2013. App Store’s nature, business models liabilities and protection in copyright law has become an important issue in legislative and practical levels.

  9. Off with their heads! Copyright infringement in the Canadian online higher educational environment

    Directory of Open Access Journals (Sweden)

    Kelly Edmonds

    2006-06-01

    Full Text Available Issues of copyright infringement are contentious for academia in the online environment. The educational community on campus must carefully consider how digital materials are used, created and disseminated online given that present laws that regulate these actions are not well developed. It can seem like anyone’s guess on how to proceed in order to avoid copyright infringement. This paper offers current descriptions of intellectual property, copyright laws, infringements, and plagiarism in a Canadian context with a view on creating, using and disseminating digital works. The impact of copyright infringement on students and faculty in higher education is explored and some suggestions are made for protective practice.

  10. On The Beijing Treaty on Audiovisual Performances and the Upgrading of China's Copyright Law%论《视听表演北京条约》及我国著作权法的完善

    Institute of Scientific and Technical Information of China (English)

    刘强; 黄亮

    2014-01-01

    《北京条约》是在国际条约体系存在缺陷、利益的平衡与博弈以及传播技术迅速变革的背景下诞生的。该条约在妥善处理与其他条约关系的同时,在表演者权利的客体、内容、适用领域、转让方式和保护期限等五个方面进行了发展和完善,形成了自己的制度优势。我国《著作权法》与《北京条约》相协调,应合理界定表演者概念、暂不规定表演者出租权、申请保留广播和向公众传播的权利、合理规定权利转让方式,以期更好地与国际接轨,有效地保护视听表演者的权利。%The Beijing Treaty on Audiovisual Performances is concluded in the background of the defects of international treaty system, the balance and game of interests and the rapid progress of transmission technology.The treaty deals with the relationship with other treaties reasonably, and develops and improves five aspects of audiovisual performers'rights:the objects, contents, field of ap-plication, transfer means, and term of protection, which form its institutional advantage.China's Copyright Law should be harmonized with the treaty, define the term of audiovisual performers reasonably, not stipulate performre s'er ntla rights temporarily, apply for keeping the rights of broadcasting and public transmission, regulate the ways ofr ight transfer carefully, in order to be geared to international conventions, and protect the rights of audiovisual performers effectively.

  11. PROSPECTS FOR LEGAL REGULATION OF COPYRIGHT OBJECTS IN COMPLIANCE WITH INTERNATIONAL STANDARDS

    Directory of Open Access Journals (Sweden)

    Iryna Sopilko

    2016-11-01

    Full Text Available Purpose: The purpose of our research is an analysis of ways to improve legal protection of copyright and related rights in accordance with current legislation, major threats and areas for improvement in the context of European integration. Methods: Using the methods of comparison and analysis in conjunction with formal legal determined by the nature and content of the legal protection of copyright. Application of the method of analysis, induction, analogy and formal-legal method allowed to determine the legal means of protection of copyright. The use of formal legal method, comparative analysis and synthesis grounded proposals to address the shortcomings in the current legislation. Results:. In the context of bringing national laws in line with EU legislation, the author considers it appropriate to finalize the draft Law of Ukraine "On Amendments to the Law of Ukraine" On Copyright and Related Rights "(relating to activities of collective management organizations" in order to protect the proprietary rights of copyright and related rights proprietors. А computer game should be given a definition and included in Article 2 of the Law of Ukraine "On Copyright and Related Rights". In addition, it is necessary to amend other acts governing liability for infringements of rights to this object. Until the definition of a computer game as an object of intellectual property rights is given and the above laws and the Code of Administrative Offences are amended, there is no legal basis to bring any persons to administrative responsibility. Discussion: In this article the author examines special aspects of legal protection of copyright objects in accordance with current legislation. At the same time, in the process of research the author places greater focus on shortcomings in current legislation and proposes the main directions of improvement of current legislation in accordance with international law in the context of protection of copyright objects

  12. Origins of a Current Conflict? An Examination of Stock-Nonstock Cooperative Law

    OpenAIRE

    Suhler, Diane Rizzuto; Cook, Michael L.

    1993-01-01

    The earliest state cooperative laws in the United States were stock laws modeled upon the Rochdale experience and were adaptations of basic corporate laws of incorporation to the cooperative form of organization. They emphasized stock as the basis of membership and the distribution of profits to members in proportion to patronage. After 1911, the dominant form of cooperative law became the nonstock law. which emphasized service at cost and the personal. fraternal nature of membership in a coo...

  13. Copyright for librarians the essential handbook

    CERN Document Server

    Berkman Center for Internet and Society

    2012-01-01

    "Copyright for Librarians" (CFL) is an online open curriculum on copyright law that was developed jointly with Harvard’s Berkman Center for Internet and Society. Re-designed as a brand new textbook, "Copyright for Librarians: the essential handbook" can be used as a stand-alone resource or as an adjunct to the online version which contains additional links and references for students who wish to pursue any topic in greater depth. Delve into copyright theory or explore enforcement. With a new index and a handy Glossary, the Handbook is essential reading for librarians who want to hone their skills in 2013, and for anyone learning about or teaching copyright law in the information field.

  14. Intellectual property law and competition law in China - Analysis of the current framework and comparison with the EU approach

    Directory of Open Access Journals (Sweden)

    Yeung Nga Man

    2014-05-01

    Full Text Available In this paper Yeung Nga Man looks at the question of protection of intellectual property rights in the Chinese legal system with comparative reference to policy and practice in the European Union. What is the best way to stimulate competition but yet also protect innovation? Part I of the essay examines the present IPRs protection in China. In Part II, contrary to the myth that competition and IP law conflict with one another, the author argues that both foster innovation and development, and enhance consumer welfare. Part III discusses the competition law regime in China with a specific focus on AML and evaluation of the enforcement of the regime. Part IV outlines the European Union approach, which China might consider adopting. Part V discusses the Block Exemptions approach from the E.U. on horizontal agreements.

  15. MedlinePlus FAQ: Copyrighted and Non-Copyrighted Material

    Science.gov (United States)

    ... medlineplus.gov/faq/copyrightfaq.html Question: Is the material on MedlinePlus copyrighted? To use the sharing features ... Answer: MedlinePlus contains both copyrighted and non-copyrighted material. Please see our copyright information page . Restrictions may ...

  16. THE DURATION OF RIGHTS CONFERRED BY COPYRIGHT

    Directory of Open Access Journals (Sweden)

    Cornelia DUMITRU

    2016-06-01

    Full Text Available The duration of copyright protection has been a controversial issue. And yet never completed. It was and is the key issue of copyright, the same as are those concerning the recognition of their nature and content. If the first law to protect a new creation, gave the exclusive right for the author as long as a year, today its duration is, basically the whole life of the author’s plus 70 years for the heirs. Some argue that it is unwise. Others that should not be as such at all. In reality, the copyright in the widest sense of the term of copyright for the purposes of law complex that regulates the relations between the author with his work and of the relations between the authors and others on his work, this right never ceases. The oldest sculpture (Venus Wilfredo, paintings of Ardeche, Vezere and Altamira, even if you do not know who created them, will belong forever, not just in the consciousness of humanity as a whole, but also according to unwritten rules of law before the law was created by humans, to whose who created them. Even if you do not know who created them and say that they belong to the universal culture. As everyone’s works that were created right after the rules of law were created by humans, but before the recognition of copyright by special laws, will belong forever to the universal culture as well. As for the right created by and after recognizing and codifying copyright notice that he is trying to harmonize the interests of authors and those of the public and to make peace between the author with his audience in a more general interest, and the solution for reconciliation and / or harmonization was limiting the length of some of the attributes of copyright. A solution that makes copyright law without a right to have the benefits after a while, that every owner has of his property. Furthermore, the link between the author and his work remains eternal because none other than the author may not claim ever to be the author of

  17. Legal rights to safe abortion: knowledge and attitude of women in North-West Ethiopia toward the current Ethiopian abortion law.

    Science.gov (United States)

    Muzeyen, R; Ayichiluhm, M; Manyazewal, T

    2017-07-01

    To assess women's knowledge and attitude toward Ethiopian current abortion law. A quantitative, community-based cross-sectional survey. Women of reproductive age in three selected lower districts in Bahir Dar, North-West Ethiopia, were included. Multi-stage simple random sampling and simple random sampling were used to select the districts and respondents, respectively. Data were collected using a structured questionnaire comprising questions related to knowledge and attitude toward legal status of abortion and cases where abortion is currently allowed by law in Ethiopia. Descriptive statistics were used to summarize the data and multivariable logistic regression computed to assess the magnitude and significance of associations. Of 845 eligible women selected, 774 (92%) consented to participate and completed the interview. A total of 512 (66%) women were aware of the legal status of the Ethiopian abortion law and their primary sources of information were electronic media such as television and radio (43%) followed by healthcare providers (38.7%). Among women with awareness of the law, 293 (57.2%) were poor in knowledge, 188 (36.7%) fairly knowledgeable, and 31 (6.1%) good in knowledge about the cases where abortion is allowed by law. Of the total 774 women included, 438 (56.5%) hold liberal and 336 (43.5%) conservative attitude toward legalization of abortion. In the multivariable logistic regression, age had a significant association with knowledge, whereas occupation had a significant association with attitude toward the law. Women who had poor knowledge toward the law were more likely to have conservative attitude toward the law (adjusted odds ratio, 0.40; 95% confidence interval, 0.23-0.61). Though the Ethiopian criminal code legalized abortion under certain circumstances since 2005, a significant number of women knew little about the law and several protested legalization of abortion. Countries such as Ethiopia with high maternal mortality records need to lift

  18. 77 FR 42751 - Intent To Request Renewal From OMB of One Current Public Collection of Information: Office of Law...

    Science.gov (United States)

    2012-07-20

    ... SECURITY Transportation Security Administration Intent To Request Renewal From OMB of One Current Public Collection of Information: Office of Law Enforcement/Federal Air Marshal Service Mental Health Certification... Security Administration (TSA) invites public comment on one currently approved Information Collection...

  19. Copyright

    Institute of Scientific and Technical Information of China (English)

    2008-01-01

    @@ Selection and translation of an article previously pub- lished in the Chinese language implies that this article has not been published in the English language or any other foreign language before; that a translation of this article is not under consideration for publication else- where; that the publication of the translated article has been approved by all co-authors, if any, as well as - tacitly or explicitly - by the responsible authorities at the institution where the work was carried out.

  20. Copyright

    Institute of Scientific and Technical Information of China (English)

    2009-01-01

    @@ Submission of a manuscript or translation of an article previously published in the Chinese language implies that this article has not been published in the English language or any other foreign language before; that a translation of this article is not under consideration for publication elsewhere; that the publication of the translated article has been approved by all co-authors, if any, as well as- tacitly or explicitly by the responsible authorities at the institution where the work was carried out. The author warrants that his/her contribution is original and that he/she has full power to make this grant.

  1. Copyright

    Institute of Scientific and Technical Information of China (English)

    2010-01-01

    Submission of a manuscript or translation of an article previously published in the Chinese language implies that this article has not been published in the English language or any other foreign language before; that a translation of this article is not under consideration for publication elsewhere; that the publication of the translated article has been approved by all co-authors, if any,as well as - tacitly or explicitly - by the responsible authodties at the institution where the work was carded out.

  2. Copyright

    Institute of Scientific and Technical Information of China (English)

    2014-01-01

    <正>Submission of a manuscript implies:that the work described has not been published before(except in the form of an abstract or as part of a published lecture,review,or thesis);that it is not under consideration for publication elsewhere;that its publication has been approved by all co-authors,if any,as well as--tacitly or explicitly--by the responsible authorities at the institution where the work was carried out.The author warrants that his/her contribution is original

  3. Copyright

    Institute of Scientific and Technical Information of China (English)

    2015-01-01

    <正>Submission of a manuscript implies:that the work described has not been published before(except in the form of an abstract or as part of a published lecture,review,or thesis);that it is not under consideration for publication elsewhere;that its publication has been approved by all co-authors,if any,as well as-tacitly or explicitly-by the responsible authorities at the institution where the work was carried

  4. Copyright

    Institute of Scientific and Technical Information of China (English)

    2015-01-01

    Submission of a manuscript implies:that the work described has not been published before(except in the form of an abstract or as part of a published lecture,review,or thesis);that it is not under consideration for publication elsewhere;that its publication has been approved by all co-authors,if any,as well as--tacitly or explicitly--by the responsible authorities at the institution where the work was carded out.The author warrants that his/her contribution is original and that he/she has full power to make this grant.The author

  5. Converging cylindrical magnetohydrodynamic shock collapse onto a power-law-varying line current

    KAUST Repository

    Mostert, W.

    2016-03-16

    We investigate the convergence behaviour of a cylindrical, fast magnetohydrodynamic (MHD) shock wave in a neutrally ionized gas collapsing onto an axial line current that generates a power law in time, azimuthal magnetic field. The analysis is done within the framework of a modified version of ideal MHD for an inviscid, non-dissipative, neutrally ionized compressible gas. The time variation of the magnetic field is tuned such that it approaches zero at the instant that the shock reaches the axis. This configuration is motivated by the desire to produce a finite magnetic field at finite shock radius but a singular gas pressure and temperature at the instant of shock impact. Our main focus is on the variation with shock radius, as, of the shock Mach number and pressure behind the shock as a function of the magnetic field power-law exponent, where gives a constant-in-time line current. The flow problem is first formulated using an extension of geometrical shock dynamics (GSD) into the time domain to take account of the time-varying conditions ahead of the converging shock, coupled with appropriate shock-jump conditions for a fast, symmetric MHD shock. This provides a pair of ordinary differential equations describing both and the time evolution on the shock, as a function of, constrained by a collapse condition required to achieve tuned shock convergence. Asymptotic, analytical results for and are obtained over a range of for general, and for both small and large . In addition, numerical solutions of the GSD equations are performed over a large range of, for selected parameters using . The accuracy of the GSD model is verified for some cases using direct numerical solution of the full, radially symmetric MHD equations using a shock-capturing method. For the GSD solutions, it is found that the physical character of the shock convergence to the axis is a strong function of . For μ≤0.816, and both approach unity at shock impact owing to the dominance of the strong

  6. International human rights law aspects of forced migrations, evictions and displacement: current issues and challenges

    OpenAIRE

    Scholten, Andrew

    2016-01-01

    The aim of this paper is an analysis of the categories of evictions, forced migrations and internal displacement in the context of international human rights law. Forced migrations and selected categories of internal displacement are important issues of international human rights law and international humanitarian law for more than forty years. The UDHR, adopted in 1948, does not contain any provisions related to forced human mobility and internal displacement. Despite this fact ...

  7. MedlinePlus: Copyright Information

    Science.gov (United States)

    ... Here: Home → Copyright Information URL of this page: https://medlineplus.gov/copyright.html Copyright Information To use ... the Magazine and NIH MedlinePlus Salud The FAQs ( https://medlineplus.gov/faq/faq.html ) The same content ...

  8. Copyright, an Incentive or a Burden?

    Directory of Open Access Journals (Sweden)

    2007-01-01

    Full Text Available A copyright provides protection for original artistic or literary work and is valid for the life of the owner plus 70 years. There is a growing tension between creative practices that require access to content that is often copyrighted, and increasingly restrictive intellectual property laws and policies governing access to copyrighted content. Very recently this has played out in the law suit between the media corporation Viacom and the Internet portal YouTube, which is owned by Google. This is against the background of a steadily emerging open source and creative commons culture. Milestones in the open source movement are the OpenOffice office suite, Netscape's publication of the source code for its product as open software, Google's library project, various free archives for scientific dissemination, such as Cornell University's ArXiv.

  9. A Study of Second-Year Engineering Students' Alternative Conceptions about Electric Potential, Current Intensity and Ohm's Law

    Science.gov (United States)

    Periago, M. Cristina; Bohigas, Xavier

    2005-01-01

    The aim of this research was to evaluate and analyse second-year industrial engineering and chemical engineering students prior knowledge of conceptual aspects of "circuit theory". Specifically, we focused on the basic concepts of electric potential and current intensity and on the fundamental relationship between them as expressed by Ohm's law.…

  10. 75 FR 34148 - Intent To Request Renewal From OMB of One Current Public Collection of Information; Office of Law...

    Science.gov (United States)

    2010-06-16

    ... Collection of Information; Office of Law Enforcement/Federal Air Marshal Service Mental Health Certification... Security Administration (TSA) invites public comment on one currently approved information collection..., Office of Information Technology, TSA-11, Transportation Security Administration, 701 South 12th Street...

  11. Regulatory approaches to obesity prevention: A systematic overview of current laws addressing diet-related risk factors in the European Union and the United States.

    Science.gov (United States)

    Sisnowski, Jana; Handsley, Elizabeth; Street, Jackie M

    2015-06-01

    High prevalence of overweight and obesity remains a significant international public health problem. Law has been identified as a tool for obesity prevention and selected high-profile measures have been reported. However, the nature and extent of enacted legislation internationally are unclear. This research provides an overview of regulatory approaches enacted in the United States, the European Union, and EU Member States since 2004. To this end, relevant databases of primary and secondary legislation were systematically searched to identify and explore laws addressing dietary risk factors for obesity. Across jurisdictions, current regulatory approaches to obesity prevention are limited in reach and scope. Target groups are rarely the general population, but instead sub-populations in government-supported settings. Consumer information provision is preferred over taxation and marketing restrictions other than the regulation of health and nutrition claims. In the EU in particular, product reformulation with industry consent has also emerged as a popular small-scale measure. While consistent and widespread use of law is lacking, governments have employed a range of regulatory measures in the name of obesity prevention, indicating that there is, in principle, political will. Results from this study may serve as a starting point for future research and policy development. Copyright © 2015 Elsevier Ireland Ltd. All rights reserved.

  12. Current trends in animal law and their implications for the veterinary profession.

    Science.gov (United States)

    Lacroix, Charlotte A

    2006-03-01

    In the last decade, the veterinary profession has experienced many changes, including the birth of a new area of law known as "animal law," and an increased scrutiny by the legal community and veterinary state boards. This article provides a sampling of some of the more challenging issues the profession is facing in the early part of the 21st century, namely, guardianship versus ownership, the awarding of non-economic damages in negligence lawsuits, and challenges in maintaining medical records.

  13. Existence of a current price as a precondition for abstract method for calculating damages in international and Serbian sales law

    Directory of Open Access Journals (Sweden)

    Fišer-Šobot Sandra

    2014-01-01

    Full Text Available If the contract is avoided and there is a current price for the goods, the party claiming damages may recover the difference between the price fixed by the contract and the current price at specific time and at specific place. Abstract calculation of loss is possible only when the contract goods have current price. Current price is the price generally charged for such goods sold under comparable circumstances in the trade concerned. According to the CISG and Serbian Law of Obligations, for the determination of the current price is relevant time of avoidance. This general rule is not applicable in international sales law when the party claiming damages has avoided the contract after taking over the goods. In that case, the current price at the time of taking over shall be applicable instead of the current price at the time of avoidance. Current price rule contained in the Art. 76(2 of the CISG presupposes that the current price is the price prevailing at the place where the delivery of the goods should have been made, or if there is no current price at the place, the price at such other place as serves as a reasonable substitute, making due allowance for differences in the cost of transporting the goods. Pursuant to Art. 524(2 Of Serbian Law of Obligations, however, relevant is the price in the market of the place of effecting the transaction. Formulation place of effecting the transaction is unclear and vague and can create different problems. Therefore, this rule should be amended and the relevant place should be the place of delivery.

  14. Copyright agencies in Beijing, China

    Institute of Scientific and Technical Information of China (English)

    PEI; Yonggang; WANG; Jingui

    2009-01-01

    Based on a study of copyright agencies in Beijing area,this paper reviews the historical development of the work of copyright agencies and their agents.It analyzes their business related problems that these copyright agencies and agents are facing today.This paper also proposes a few remedial measures that may usher this copyright industry into a more sustainable development and also with a more promising outlook.

  15. Myths and stereotypes about adat law: A reassessment of Van Vollenhoven in the light of current struggles over adat law in Indonesia

    Directory of Open Access Journals (Sweden)

    Keebet von Benda-Beckmann

    2011-09-01

    Full Text Available Recent analyses of the ‘revitalisation of tradition’ have rekindled earlier discussions of the ‘creation of customary law’ in colonial states. For Indonesia, critics have deconstructed a ‘myth of adat’, arguing that adat law was an invention of the adat law scholar Van Vollenhoven and his followers. The assessment of that period also shapes interpretations of developments in Indonesia after 1998. The purpose of this paper is to demonstrate that in some respects the critique of colonial scholarship was misconceived, and that these misconceptions hamper a proper understanding of the current revitalisation of adat in Indonesia. Many interpretations of colonial legal science and practice have become anachronistic and stereotypical. We argue that most interpretations were and are largely based on a legalistic conception of ‘law’ and ‘customary law’, that authors selectively generalise interpretations from specific contexts, and that they do not take into account what such interpretations say over legal realities beyond these contexts. Lastly we think that the target of the critique is somewhat misconceived as it is directed at those scholars who were aware of the danger of legal ethnocentrism and criticised it, while not looking at those colonial scholars and courts, who grossly misinterpreted local normative systems in terms of Dutch legal categories. We argue that some assumptions and propositions of these earlier and contemporary critical deconstructions are in need of re-evaluation. Given its presence in current analyses, reconsidering Van Vollenhoven and his followers is more than a return to a history long gone by. We substantiate our propositions with a discussion of the history of the village commons, ulayat, in West Sumatra, which has always been a central illustration in all discussions of adat law.

  16. Roman Criminal Law. Contributions to Current Problems in Connection with “Crimes against Public Administration”

    Directory of Open Access Journals (Sweden)

    Fabio Espitia Garzón

    2016-12-01

    Full Text Available The secular and detailed study of Roman Private Law institutions has, for centuries, diverted the attention to institutions pertaining to the Public Law sphere. Such studies were a consequence of the triumph of bourgeois ideas from the Enlightenment, which were structured on a set of principles (separation of powers, the principle of legality both considered absolute truths, even though today they seem more like myths. This understanding shifted during the second half of the twentieth century, when scholars of Roman Law began to more comprehensively analyze Rome’s constitutional institutions as well as its criminal repression. This paper begins with a review of some of the most important works and articles produced since the fifties until present day about the so called ‘general ’and ´special’ Criminal Law, and the Law of Criminal Procedure, it then focuses on how useful those texts are in order to solve actual problems, taking as an example the subject of crimes against public administration, given the actual need to pursue the assets obtained from such activities, despite the perpetrator’s death, which means going beyond the principle of the individual nature of penalties.

  17. Some current topics on nonlinear conservation laws lectures at the morningside center of mathematics, 1

    CERN Document Server

    Hsiao, Ling

    2000-01-01

    This volume resulted from a year-long program at the Morningside Center of Mathematics at the Academia Sinica in Beijing. It presents an overview of nonlinear conversation laws and introduces developments in this expanding field. Xin's introductory overview of the subject is followed by lecture notes of leading experts who have made fundamental contributions to this field of research. A. Bressan's theory of L^1-well-posedness for entropy weak solutions to systems of nonlinear hyperbolic conversation laws in the class of viscosity solutions is one of the most important results in the past two decades; G. Chen discusses weak convergence methods and various applications to many problems; P. Degond details mathematical modelling of semi-conductor devices; B. Perthame describes the theory of asymptotic equivalence between conservation laws and singular kinetic equations; Z. Xin outlines the recent development of the vanishing viscosity problem and nonlinear stability of elementary wave-a major focus of research in...

  18. First detection of global dawn-dusk ionospheric current intensities using Ampere's integral law on Orsted orbits

    DEFF Research Database (Denmark)

    Stauning, P.; Primdahl, Fritz

    2000-01-01

    The magnetic measurements by the Orsted satellite in noon-midnight orbits have enabled the derivation of the global dawn-dusk oriented ionospheric currents from an Ampere's law closed loop line integral of the geomagnetic vector field along the satellite track. The globally integrated dawn......-to-dusk ionospheric current is found to be proportional to the gee-effective solar wind electric field and is around 1 million ampere for a typical solar wind electric field of 2 mV/m. Dividing the Ampere integral into semi-orbit parts has enabled us to show that the hemispherical total current intensities depend...

  19. The "Biogenetic Law" in zoology: from Ernst Haeckel's formulation to current approaches.

    Science.gov (United States)

    Olsson, Lennart; Levit, Georgy S; Hoßfeld, Uwe

    2017-06-01

    150 years ago, in 1866, Ernst Haeckel published a book in two volumes called "Generelle Morphologie der Organismen" (General Morphology of Organisms) in which he formulated his biogenetic law, famously stating that ontogeny recapitulates phylogeny. Here we describe Haeckel's original idea and follow its development in the thinking of two scientists inspired by Haeckel, Alexei Sewertzoff and Adolf Naef. Sewertzoff and Naef initially approached the problem of reformulating Haeckel's law in similar ways, and formulated comparable hypotheses at a purely descriptive level. But their theoretical viewpoints were crucially different. While Sewertzoff laid the foundations for a Darwinian evolutionary morphology and is regarded as a forerunner of the Modern Synthesis, Naef was one of the most important figures in 'idealistic morphology', usually seen as a type of anti-Darwinism. Both Naef and Sewertzoff aimed to revise Haeckel's biogenetic law and came to comparable conclusions at the empirical level. We end our review with a brief look at the present situation in which molecular data are used to test the "hour-glass model", which can be seen as a modern version of the biogenetic law.

  20. Stealing the Goose: Copyright and Learning

    Directory of Open Access Journals (Sweden)

    Rory McGreal

    2004-11-01

    Full Text Available The Internet is the world's largest knowledge common and the information source of first resort. Much of this information is open and freely available. However, there are organizations and companies today that are trying to close off the Internet commons and make it proprietary. These are the “copyright controllers.” The preservation of the commons and expanding access to digital content and applications are very important for distance educators. The educational exemptions for “fair use” in the United States and “fair dealing” in the Commonwealth countries are integral to any understanding of copyright, which was instituted for the dissemination of knowledge, and not, as is commonly believed, to protect the rights of the copyright owners. Copyright law was expressly introduced to limit their rights. Yet, these controllers are successfully turning a “copy” right into a property right. The traditional rights of learning institutions are being taken away. The balance for researchers should be restored. Research and learning must be allowed the broad interpretation that was intended in the original laws.

  1. Preliminary scaling laws for plasma current, ion kinetic temperature, and plasma number density in the NASA Lewis bumpy torus plasma

    Science.gov (United States)

    Roth, J. R.

    1976-01-01

    Parametric variation of independent variables which may affect the characteristics of bumpy torus plasma have identified those which have a significant effect on the plasma current, ion kinetic temperature, and plasma number density, and those which do not. Empirical power law correlations of the plasma current, and the ion kinetic temperature and number density were obtained as functions of potential applied to the midplane electrode rings, the background neutral gas pressure, and the magnetic field strength. Additional parameters studied included the type of gas, the polarity of the midplane electrode rings, the mode of plasma operation, and the method of measuring the plasma number density. No significant departures from the scaling laws appear to occur at the highest ion kinetic temperatures or number densities obtained to date.

  2. 75 FR 67777 - Copyright Office; Federal Copyright Protection of Sound Recordings Fixed Before February 15, 1972

    Science.gov (United States)

    2010-11-03

    ... works. The Copyright Office Study Faced with the uncertain patchwork of State laws that cover pre- 1972... is to cover the effect of federal coverage on the preservation of such sound recordings, the effect... commercial recordings encompass a wide range of genres: ragtime and jazz, rhythm and blues, gospel, country...

  3. Neither Here Nor There: The Current Status of Transsexual and Other Transgender Persons Under Hong Kong Law

    OpenAIRE

    Emerton, R

    2004-01-01

    This is the first of two articles on the law relating to transgender persons in Hong Kong. This article examines the current administrative and legal status of Hong Kong's transgender persons. It argues that, whilst various policies and practices adopted by the authorities undoubtedly facilitate the every day lives of certain transgender persons, the legal situation (which perpetually condemns them to their biological sex as designated at birth) is inhumane and should no longer be tolerated. ...

  4. Determination of Death and the Dead Donor Rule: A Survey of the Current Law on Brain Death.

    Science.gov (United States)

    Nikas, Nikolas T; Bordlee, Dorinda C; Moreira, Madeline

    2016-06-01

    Despite seeming uniformity in the law, end-of-life controversies have highlighted variations among state brain death laws and their interpretation by courts. This article provides a survey of the current legal landscape regarding brain death in the United States, for the purpose of assisting professionals who seek to formulate or assess proposals for changes in current law and hospital policy. As we note, the public is increasingly wary of the role of organ transplantation in determinations of death, and of the variability of brain death diagnosing criteria. We urge that any attempt to alter current state statutes or to adopt a national standard must balance the need for medical accuracy with sound ethical principles which reject the utilitarian use of human beings and are consistent with the dignity of the human person. Only in this way can public trust be rebuilt. © The Author 2016. Published by Oxford University Press, on behalf of the Journal of Medicine and Philosophy Inc. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com.

  5. Comics, Copyright and Academic Publishing

    Directory of Open Access Journals (Sweden)

    Ronan Deazley

    2014-05-01

    Full Text Available This article considers the extent to which UK-based academics can rely upon the copyright regime to reproduce extracts and excerpts from published comics and graphic novels without having to ask the copyright owner of those works for permission. In doing so, it invites readers to engage with a broader debate about the nature, demands and process of academic publishing.

  6. Bloomsday: Copyright Estates and Cultural Festivals

    Directory of Open Access Journals (Sweden)

    Matthew Rimmer

    2005-09-01

    Full Text Available Copyright estates have been unduly empowered by the extension of the term of copyright protection in Europe, the United States, Australia and elsewhere. The Estate of the Irish novelist, James Joyce, has been particularly aggressive in policing his revived copyrights. The "keepers of the flame" have relied upon threats of legal action to discourage the production of derivative works based upon the canonical texts of the novelist. The Estate has also jealously guarded the reputation of the author by vetoing the use of his work in various scholarly productions. Most radically of all, the grandson Stephen Joyce threatened to take legal action to prevent the staging of "Rejoyce Dublin 2004", a festival celebrating the centenary of Bloomsday. In response, the Irish Parliament rushed through emergency legislation, entitled the Copyright and Related Rights (Amendment Act 2004 (Ireland to safeguard the celebrations. The legislation clarified that a person could place literary and artistic works on public exhibition, without breaching the copyright vested in such cultural texts. Arguably, though, the ad hoc legislation passed by the Irish Parliament is inadequate. The Estate of James Joyce remains free to exercise its suite of economic and moral rights to control the use and adaptation of works of the Irish novelist. It is contended that copyright law needs to be revised to promote the interests of libraries and other cultural institutions. Most notably, the defence of fair dealing should be expanded to allow for the transformative use of copyright works, particularly in respect of adaptations and derived works. There should be greater scope for compulsory licensing and crown acquisition of revived copyrights.

  7. Copyright Failure and the Protection for Tables and Compilation

    Directory of Open Access Journals (Sweden)

    Dennis K W Khong

    2006-06-01

    Full Text Available Current copyright laws in all jurisdictions are lacking explicit provisions for protecting many types of contemporary art. It remains unclear to what extent ideas should be copyrightable as art, if at all; or whether an artwork’s commercial nature provides a decisive factor regarding appropriation. Certain situations seem plainly inappropriate, such as artists needing to seek legal counsel in conjunction with creating their artwork: inappropriate in its financial extravagance and in its inevitable curb on creativity. As such, it is incumbent upon courts and legislatures to analyze the issue and to provide guidance. It is the author’s finding that strong moral rights and a vibrant public domain are not necessarily at odds with each other, especially when parties are open to communication. Laws operate to provide structure when parties do not make other arrangements amongst themselves; contracts between artists and galleries, artists and publishers, even artists and other artists may provide the highest degree of satisfaction for specific parties to a specific situation. Not surprisingly, parties with legal or business interests in art and parties with artistic interests in art would communicate better if they understood each other’s situations. Hopefully the issues will continue to be the focus of some thought on all platforms such that informed legal decisions can be made and artists can pursue and protect their creative productions, no matter their format.

  8. Right Relief for the Right of the Film and Television Workers:Copyright Law of “Chinese Seventeenth Draft Provisions”%影视作品部分权利人的权利救济--兼评我国《著作权法送审稿》第十七条之规定

    Institute of Scientific and Technical Information of China (English)

    史本军

    2015-01-01

    In recent years,cases about the infringement on the rights of movie and TV work copyright holders are increasing.Due to the diversity of movie and TV works authorships and the complexity of authorization,there have been a lot of puzzles relating to the right remidium of the copyright holders,as well as many problems about the appliances of laws.This paper tries to exam the practical cases and the evolution of relating laws and rules,pointing out that under the authorization of some copyright holders of the movie and TV works,one of the holders or the consignee can claim financial reimbursement when there is infringement on the copyright of the works.%近些年来,影视作品权利人权利被侵害案件不断增多,因为影视作品署名的多样性与授权关系的复杂性致使部分权利人的权利救济遇到很多的困惑,由此不断涌现新的法律适用问题。通过实践案例以及有关法律法规规定的演变,在影视作品部分权利人授权的情况下,在遇到作品被侵害时,权利人之一或被委托人可以就侵权行为主张经济损害赔偿。

  9. The Copyright Book: A Practical Guide. Fourth Edition.

    Science.gov (United States)

    Strong, William S.

    In response to important changes in copyright law as the United States accommodates itself to the Berne Convention and develops means to take account of new technologies, this guide puts these changes in a form and context that will make sense to persons who are concerned about their rights under the law. New material in the fourth edition of this…

  10. Google Runs Afoul Of Copyright

    Institute of Scientific and Technical Information of China (English)

    2009-01-01

    The Internet company’s unauthorized digitization of Chinese books angers authors and writers’ organizations The sudden fame of Zhang Hongbo,Deputy Executive Director of theChina Written Works CopyrightSociety (CWWCS), started whenhis organization began probing into Google

  11. Current principles and practice of ethics and law in perinatal medicine.

    Science.gov (United States)

    Berceanu, C; Albu, Simona Elena; BoȚ, Mihaela; Ghelase, M Șt

    2014-01-01

    One of the most controversial discussion topics in modern bioethics, science or philosophy is represented by the beginning of the individual human life. It is ethically, medically and scientifically correct that the human conception product to be born, so to gain personality and individuality, to be treated as a patient since the intrauterine life. Intrauterine foetal interventions, performed in various therapeutic purposes are still in the experimental stage even in centres with rich experience in perinatal medicine. Progresses truly outstanding are present especially in the prenatal diagnostic methods. Non invasive prenatal testing represents without a doubt a great progress in prenatal diagnosis, but from this point of view, the role of practitioners in the field of perinatal medicine, on counselling and addressing the indication of this test becomes essential. Beyond cultural, national, social or related differences, in perinatal medicine practice is particularly important to respect and permanently reassess the ethical codes. Our paper is targeting to spotlight the essential principles and practice of ethics and law in perinatal medicine nowadays on one hand, and to bring an update review on a controversial topic on the other hand.

  12. Moving to a New Beat: Copyright Protection for Choreographic Works.

    Science.gov (United States)

    Cook, Melanie

    1977-01-01

    The new copyright law expressly includes "choreographic works" as subject matter for copyright, but its treatment of choreography has flaws, including the lack of definition and dealing with choreographies created before the act becomes effective. These and other problems are discussed. (LBH)

  13. The Copyright/Design Interface in Denmark (and Scandinavia)

    DEFF Research Database (Denmark)

    Schovsbo, Jens Hemmingsen; Rosenmeier, Morten

    2016-01-01

    This article examines the interface in copyright and design law in Denmark and with accounts also for Norway and Sweden. It is pointed out how Scandinavian courts have historically employed several strategies to limit copyright protection of works of applied art including 1) “raising the bar...

  14. The Graphic Arts and the New Copyright Act.

    Science.gov (United States)

    Overbeck, Wayne

    This paper briefly summarizes the Copyright Act recently passed by the United States Congress as it relates to graphic arts and points out that the law ignores the major problem facing that field: the lack of copyright protection for typography and typeface designs. It then explains the reasoning used for denying protection to typography and…

  15. Injunctions against mere conduit of information protected by copyright

    DEFF Research Database (Denmark)

    Sandfeld Jakobsen, Søren; Petersen, Clement Salung

    2011-01-01

    This paper includes an in-depth analysis of EU law and Scandinavian law on injunctions against internet access providers (IAPs) performing as mere conduit of information protected by copyright. In recent Scandinavian case law, courts have granted preliminary injunctions which have caused IAPs...... to either shut down specific internet connections allegedly used to infringe copyright or to block access to internet content, which allegedly infringed applicable copyright rules. This paper considers some significant legal challenges, which are emerging in the wake of this case law, and which should...... attract attention in all European member states. Firstly, it is shown that rules on preliminary injunctions are generally unable to safeguard the significant legitimate interests of third parties, which may be harmed by such relief, and that a proper implementation of Art. 8(3) of the Infosoc Directive...

  16. The current state of Contract Law in Australia and why it is important for rural managers to understand it

    OpenAIRE

    Smith, Tony

    2011-01-01

    Farmers are business managers and as such they must understand the law or they are likely to fall foul of it. This especially applies to contract law, with which they deal constantly. Contract law is made up of the common law – as the courts have decided it – and statute law- as the state and federal parliaments have enacted statutes which modify the common law. The most important and most recent of the latter is the new Australian Consumer Law.

  17. Biquaternionic Model of Electro-Gravimagnetic Field, Charges and Currents. Law of Inertia

    CERN Document Server

    Alexeyeva, Lyudmila

    2016-01-01

    One the base of Maxwell and Dirac equations the one biquaternionic model of electro-gravimagnetic (EGM) fields is considered. The closed system of biquaternionic wave equations is constructed for determination of free system of electric and gravimagnetic charges and currents and generated by them EGM-field. By using generalized functions theory the fundamental and regular solutions of this system are determined and some of them are considered (spinors, plane waves, shock EGMwaves and others). The properties of these solutions are investigated.

  18. Smartphone use in dermatology for clinical photography and consultation: Current practice and the law.

    Science.gov (United States)

    Abbott, Lisa M; Magnusson, Roger S; Gibbs, Emma; Smith, Saxon D

    2017-02-28

    Smartphones are rapidly changing the way doctors capture and communicate clinical information, particularly in highly visual specialties such as dermatology. An understanding of how and why smartphones are currently used in clinical practice is critical in order to evaluate professional and legal risks, and to formulate policies that enable safe use of mobile technologies for the maximal benefit of practitioners and patients. Australian dermatologists and dermatology trainees were surveyed on their current practices relating to clinical smartphone use. Of the 105 respondents, 101 provided useable results. The data show clinical smartphone use is common and frequent, with more than 50% of respondents sending and receiving images on their smartphones at least weekly. Clinical photographs were usually sent via multimedia message or email and were commonly stored on smartphones (46%). Security measures adopted to protect data were limited. There was inadequate documentation of consent for transmission of photographs and advice provided. Only 22% of respondents were aware of clear policies in their workplace regarding smartphone use, and a majority desired further education on digital image management. Given the frequency of use and the degree of importance placed on the ability to send and receive clinical images, clinical smartphone use will persist and will likely increase over time. Current practices are insufficient to comply with professional and legal obligations, and increase practitioners' vulnerability to civil and disciplinary proceedings. Further education, realistic policies and adequate software resources are critical to ensure protection of patients, practitioners and the reputation of the dermatological profession. © 2017 The Australasian College of Dermatologists.

  19. Multimedia authentication for copyright protection

    Science.gov (United States)

    Yin, Mingsheng

    2017-06-01

    Multimedia contents are easy to be copied and modified, so it is important to use authentication technology to ensure reliability and copyright security. Multimedia authentication technology is usually divided into digital signature and digital watermarking. In this paper, we introduce some basic image and video authentication technology, such as PCA algorithm and image signature method based on DCT coefficient, LSB -based digital image watermark, SVD-based digital image watermark, and video watermark. Through these digital content security technology, digital contents can be ensured security

  20. An Analytical Model of Wave-Induced Longshore Current Based on Power Law Wave Height Decay.

    Science.gov (United States)

    1988-01-01

    the notation (0, v) is used to denote the x and y-components of tne steady current. The arrows indicate vector quantlties. me absolute value c - the...8217n - ’ ,F4.2,2X, ’P =’ ,FLS.2,2X, ’Brea~ing wiav e’,*. A-N2-1 .0 -HETAP-3A14159*THETA/180.0 3>NT32-(S:N(THETAR))**2 BETA1) -1 .0 DELTA(1) =1.0 SUMA ...LT1.1.0)FACN2.0 A(II)-A(II)*SINT32 *#7 SINT32*A(I::-l BETA(II).SINTB2*BETA I: -I SUMA -SU;MA+A(I SUXB=S’UMB+BETA ) SUC=SUMC+DELTA(rI SNMA=-sNMA<’N+Z) A (I

  1. The commerce of ideas: copyright in the digital era.

    Science.gov (United States)

    Frisse, M E; Tolva, J N

    1996-01-01

    Copyright law concerns the rights of an individual to make copies of published works. Changes in technology, be they the introduction of the printing press or the proliferation of photocopy machines, affect how these "copy rights" are interpreted. The transmission of published works over digital networks and the introduction of new and relatively inexpensive ways to conduct commerce over the same networks will have a profound effect on how medical school faculty protect their own published works and how they make use of the published works of others. When copyright law moves from tangible objects such as books and journals to intangible bits carried over a network, many historic notions about the nature of publications and libraries will be called into question. The authors review the history of copyright law and some basic concepts of copyright, particularly "first sale" and "fair use." They also discuss the effects past technological changes have had on the law and on the often-competing concerns of authors, publishers, and readers/users. Finally, they discuss the implications for medical schools of digital publications, digital libraries, and the proposed changes to copyright law.

  2. COPYRIGHT PROTECTION FOR CREATIVE INDUSTRIES: COMPARISON AMONG CHINA AND EUROPE

    Directory of Open Access Journals (Sweden)

    CRISTINA ORTEGA NUERE

    2013-05-01

    Full Text Available The impact and creativity has increase in the last years in Europe. It was focused by an United Nations report on creative economy in 2008 .Cooperation and trade in goods and services has increased. Today, the EU is the biggest destination for China's exports and the second supplier to China. For the EU, China is the second trading partner, after the United States. Based on current agreements between the two continents, we can mention the following documents that justify our research: The bilateral issues and cooperation, including people-to-people exchanges in 20111; EU-China Youth Policy Dialogue about education, culture and youth policies;2 The EU-China high level people to people dialogue, celebrated in Chengdu, 2012.3 EU-China Business Summit, which took place in September 2012, in Brussels.4 The EU is committed to strengthening its partnership with China, as demonstrated by the fourteenth EU-China summit that took place in Beijing, 2012.5 Also there are some forums and conferences that are relevant for our research such as, the EU- China high level cultural forum celebrated, in Brussels 2010;6 Beijing in 2011; the Louvre in 2012,7 and the China- EU Seminar on cultural and creative industries cooperation.8 The rights of intellectual property law are more vulnerable in the cultural and creative sector.For this reason, it is essential that we protect ideas and designs; they are the new creations and they need to be sheltered. In this article, we are going to explain what intellectual property (IP law is, specifically copyright, and how it began to appears in China in order to understand the concept of copyright To gather this information, we will discuss the copyright protection for creative industries in China. And we will do a brief comparison about the copyright protection for creative industries in EU, including legal mechanisms in EU that relates to China. The methodology is the investigation and examination of documentation and we will

  3. EU DIRECTIVES IN THE FIELD OF COPYRIGHT AND RELATED RIGHTS

    Directory of Open Access Journals (Sweden)

    Ana-Maria MARINESCU

    2015-07-01

    Full Text Available The aim of this article is to underline the evolution and the importance of the European Directives in the field of copyright and related rights, their contribution to the development of the law and the national implementation, namely their transposition into Romanian Law no. 8/1996 on copyright and related rights. For this purpose, the article will analyze the historical evolution of the European Directives in the field of copyright and related rights and their most important dispositions. Given the wide range of subject matter with which it is concerned, the European Directives in the field of copyright and related rights address to enforcement, protection of databases, protection of computer programs, resale right, satellite and cable, term of protection, rental and lending rights, copyright and related rights in the information society, orphan works and management of copyright and related rights. Taking into account the wild range of subjects that European Directives in the field of copyright and related rights address, it is important to observe the permanent interest of the European legislator on the harmonization of the law on copyright and related rights. In this way, the result was the adoption of 7 directives in a 10-year interval between 1991 and 2001, and of 4 directives, including the one for the modification of the Directive on the term of protection, also in a 10-year interval between 2004 and 2014. Despite the extensive process of harmonization, copyright law in the Member States of the European Union is still largely linked to geographical boundaries of sovereign states.

  4. General Information on Copyright. Circular 1.

    Science.gov (United States)

    Library of Congress, Washington, DC. Copyright Office.

    In this circular, the United State Copyright Office answers questions that are frequently asked about copyright. A definition of copyright is given and the items that can be copyrighted are listed. Four categories of items which cannot be copyrighted are also explained. Copyright procedures for unpublished and published works are outlined, and the…

  5. Copyright, digital media literacies and preservice teacher education

    OpenAIRE

    Michael Dezuanni; Cushla Kapitzke; Radha Iyer

    2010-01-01

    This article considers copyright knowledge and skills as a new literacy that can be developed through the application of digital media literacy pedagogies. Digital media literacy is emerging from more established forms of media literacy that have existed in schools for several decades and have continued to change as the social and cultural practices around media technologies have changed. Changing requirements of copyright law present specific new challenges for media literacy education bec...

  6. Canadian Copyright: History, Change, and Potential

    National Research Council Canada - National Science Library

    Sara Bannerman

    2011-01-01

      The foundation of international copyright since 1886 has been the Berne Convention-the world's first broadly multilateral copyright treaty, which still acts as the cornerstone of international copyright today...

  7. 评美国国会图书馆的DVD技术措施例外条款——兼论我国著作权法俩外条款的完善%Review of the DVD Technical Measure Exception Clauses in the US Library of Congress Study on the Improvement of Exception Clauses in Copyright Law in China

    Institute of Scientific and Technical Information of China (English)

    姚鹤徽

    2012-01-01

    In 2010, the US Library of Congress has promulgated six kinds of circumvention of technica measure exceptions. One of exceptions is the circumvention of DVD technical measure exceptions. Th( circumvention of DVD technical measure exceptions allows the public to circumvent technical measure,, on the DVD movies which are based on comments, the education, shooting documentary films, productinc. non-profit films. But the exception has the strict applicable condition and narrow applicable scope, is unable to properly solve the contradiction on using DVD movies between copyright owners and the public The Copyright Law in China related technical measures should learn the experience and lessons o legislation from the US Library of Congress, perfect types of technical measures, determine the righ applicable scope of exceptions, and ensure technical measure exceptions realize its efficacy.%2010年,美国国会图书馆颁布了6种规避技术措施例外情形,例外情形之一为规避DVD技术措施例外。规避DVD技术措施例外使社会公众可以基于评沦、教育、拍摄记录影片、制作非营利影视作品的目的规避DVD影片上的技术措施。但是,该项例外适用条件严格,适用范围狭窄,无法妥善解决DVD影片使用上著作权人和社会公众之间的矛盾。我国著作权法中有关技术措施的立法应吸取美国国会图书馆的经验与教训,完善技术措施例外类型,确定合适的例外情形适用范围,确保技术措施例外规定发挥其应有功效。

  8. 76 FR 66758 - Remedies for Small Copyright Claims

    Science.gov (United States)

    2011-10-27

    ...The U.S. Copyright Office is undertaking a study at the request of Congress to assess whether and, if so, how the current legal system hinders or prevents copyright owners from pursuing copyright infringement claims that have a relatively small economic value (``small copyright claims''); and recommend potential changes in administrative, regulatory, and statutory authority to improve the adjudication of these small copyright claims. The Office thus seeks comment on how copyright owners have handled small copyright claims and the obstacles they have encountered, as well as potential alternatives to the current legal system that could better accommodate such claims. This is a general inquiry and the Office will publish additional notices on this topic.

  9. Navigating the Copyright Landscape: Practical Considerations for Librarians

    Directory of Open Access Journals (Sweden)

    Bridget Carter Conlogue

    2016-05-01

    Full Text Available Copyright is central to teaching activities in higher education. Using copyrighted materials in education requires careful analysis and understanding of copyright basics. A review of the literature demonstrates that librarians are the primary resource on campus for information about copyright. A sampling of small to moderate-size, private university and college websites, and a survey of the librarians at those institutions suggest that libraries and librarians are the sole providers of copyright information for their campus. This paper examines how and what kinds of copyright information librarians at private, small to moderate-size institutions provide to their patrons and offers commentary from librarians who are currently the copyright contact on campus. The authors discuss how to use copyright expertise to build a professional niche and serve the profession as well as how to identify new opportunities for professional growth and career advancement.

  10. Authorship in Croatian copyright legislation from 1846 to 2007

    Directory of Open Access Journals (Sweden)

    Zoran Velagić

    2015-04-01

    Full Text Available The aim of this paper is to investigate and present concepts of the author and his/her copyright work in copyright legislation that entered into force in Croatia from 1846 to 2007. 17 legal documents (acts, corrigenda, amendments were investigated using the content analysis method. The analysis of the results gives an insight into various cultural and sociological dimensions of authorship in the given time-frame. Special attention was paid to definitions of the author and his/her copyright work, examples of copyright works and exceptions related to the duration of copyright for different kinds of copyright works. As there had been no systematic overview of such legal documents in the available literature, they were briefly described in the first part of the paper, highlighting the important articles that stress the role of authors and their copyright work. In the analysis and summary we provide a systematic overview of the main concepts, with a special review of copyright laws in relation to new technologies and artistic forms: it is their relationship that testifies to the complexity of the term 'copyright work'. The paper shows that the basic perception of the author, his/her copyright works and their relations in the analysed copyright legislation has not changed significantly during this period of time. All legal documents refer to the examples of copyright work, and in 1957 a definition of copyright work was included, according to which copyright work is every spiritual (later referred to as intellectual creation. The concept of the author is strongly linked with the concept of author's copyright work. Various examples of copyright works allow us to see the difference between works that are permanent (e.g. literary works, music works, art works and works that are yet to be protected by copyright thanks to the development of technology and new features of artistic expression (e.g. photography, movies, computer programs. The process of

  11. Cyber stalking victimisation of women: Evaluating the effectiveness of current laws in India from restorative justice and therapeutic jurisprudential perspectives

    Directory of Open Access Journals (Sweden)

    Halder Debarati

    2015-01-01

    Full Text Available Victimisation of women through cyber stalking is one of the most serious crimes against women. Many countries including India have developed laws regulating cyber stalking. This article argues that since both, restorative justice (RJ and therapeutic jurisprudence (TJ are victim oriented, the issue of cyber stalking of women may be dealt with by RJ process and the laws in this regard must be analysed by the legal actors with a background in RJ and TJ philosophy. India had earlier taken up therapeutic punishment policy to enforce rights of the accused. But the modern principles of TJ have still not been considered in the RJ background in cyber stalking cases. This article therefore examines whether RJ and TJ principles can replace retributive principles for cyber stalking victimisation. It also examines the Indian cyber stalking law from RJ and TJ perspectives to assess its effectiveness for victims.

  12. Copyright and mass digitization a cross-jurisdictional perspective

    CERN Document Server

    Borghi, Maurizio

    2013-01-01

    In an age where works are increasingly being used, not only as works in the traditional sense, but also as carriers of data from which information may be automatically extracted for various purposes, Borghi and Karapapa consider whether mass digitisation is consistent with existing copyright principles, and ultimately whether copyright protection needs to be redefined, and if so how? The work considers the activities involved in the process of mass digitization identifying impediments to the increasing number of such projects such as the inapplicability of copyright exceptions, difficulties in rights clearance, and the issue of 'orphan' and out-of-print works. It goes on to examine the concept of 'use' of works in light of mass digital technologies and how it impinges on copyright law and principles; for example considering whether scanning and using optical character recognition in mass digital projects qualify as transformative use, or whether text mining on digitial repositories should be a permitted act...

  13. Solar power generation in the light of the current tax laws; Solare Stromerzeugung im Licht des Steuerrechtes

    Energy Technology Data Exchange (ETDEWEB)

    Seltmann, T. [Krauss Energie fuers Leben, Merkendorf (Germany)

    1997-09-01

    The author investigates various aspects of the operation of a grid-connected solar system, with particular regard to taxation and regulative law. (orig/AKF) [Deutsch] Der Autor will in seinem Beitrag den Betrieb einer netzgekoppelten Solarstromanlage aus verschiedenen Fragestellungen heraus betrachten und den Betreibern Hinweise fuer die steuerliche und ordnungsrechtliche Behandlung dieser Anlagen geben. (orig./AKF)

  14. Comparison between the Gauss' law method and the zero current method to calculate multi-species ionic diffusion in saturated uncharged porous materials

    DEFF Research Database (Denmark)

    Johannesson, Björn

    2010-01-01

    There exist, mainly, two different continuum approaches to calculate transient multi species ionic diffusion. One of them is based on explicitly assuming a zero current in the diffusing mixture together with an introduction of a streaming electrical potential in the constitutive equations...... are compared with existing results from the solutions of the Gauss’ law method. For the studied case the calculated concentrations of the ionic species, using the two different methods, differed very little....

  15. Copyright in Context: The OCLC Database.

    Science.gov (United States)

    Mason, Marilyn Gell

    1988-01-01

    Discusses topics related to OCLC adoption of guidelines for the use and transfer of OCLC-derived records, including the purpose of OCLC; the legal basis of copyrighting; technological change; compilation copyright; rationale for copyright of the OCLC database; impact on libraries; impact on networks; and relationships between OCLC and libraries. A…

  16. Copyright Updates for K-12 Librarians

    Science.gov (United States)

    Johnson, Wendell G.

    2016-01-01

    Copyright concerns continue to bedevil K-12 librarians, who are often called upon to act as the copyright officers in public schools. This article describes recent copyright developments of concern to these librarians in three areas: a recent court case involving a university library, pending legislation supported by ALA, and a regulatory update.…

  17. Novel copyright protection scheme for digital content

    Institute of Scientific and Technical Information of China (English)

    Fan Kefeng; Wang Meihua; Mo Wei; Zhao Xinhua

    2006-01-01

    A novel copyright protection scheme for digital content is presented, which is a private watermarking scheme based on the watermark embedding in the DCT domain and watermark extraction using independent component analysis (ICA). The system includes the key for watermark extraction and the host image. The algorithm splits the original image into blocks and classifies these blocks based on visual masking, that is, noise visibility function (NVF). Watermark components with different strength are inserted into chosen direct current components of DCT coefficients according to the classifier. The watermark extraction is based on the characteristic of the statistic independence of the host image, watermark and key. Principle component analysis (PCA) whitening process and FastICA techniques are introduced to ensure a blind watermark extraction without requiring the original image. Experimental results show the proposed technique is robust under attacks such as image filtering and adding noise, cropping and resizing. In addition, the proposed private watermarking system can be improved to the application of the DTV content protection system.

  18. The monkey selfie: copyright lessons for originality in photographs and internet jurisdiction

    Directory of Open Access Journals (Sweden)

    Andrés Guadamuz

    2016-03-01

    Full Text Available In 2011, a macaque monkey used a camera belonging to British photographer David Slater in Indonesia to take a self-portrait. The selfie picture became famous worldwide after it was published in the British media. In 2014 Slater sent a removal request to Wikimedia Commons, which indicated that the picture was in the public domain because it had been taken by the monkey and animals cannot own copyright works. While most of the legal analysis so far has been centred around US law, this article takes a completely different approach. Re-assessing jurisdictional issues, I examine the case from a UK and European perspective. The monkey selfie is of importance to internet policy: it has a lot to teach us about online jurisdiction. Under current originality rules, David Slater has a good copyright claim for ownership of the picture.

  19. At what point does what’s mine become yours? A critical analysis of the current law on common intention constructive trusts and cohabitation

    Directory of Open Access Journals (Sweden)

    Ben Fullbrook

    2016-12-01

    Full Text Available This article examines the current state of the law in relation to the use of common intention constructive trusts to determine disputes arising from the breakdown of relationships between cohabiting, non-married couples. It is clear that there is a need to protect vulnerable parties to a relationship and to maintain certainty with regard to property ownership, but this is a difficult balance to strike.  This examination has been conducted by analysing the key cases that have been heard in the senior courts in relation to this matter since the landmark ruling of the House of Lords in Stack v Dowden almost ten years ago.  This has identified three key issues with the current state of the law: (1 judicial confusion over whether the existence of beneficial shares in property should be imputed or implied by the courts; (2 the creation of unrealistic expectations as to the reliance that the court will place on non-financial contributions to a relationship; and (3 practical and evidential difficulties caused by its implementation.  Further analysis of the Cohabitation Rights Bill suggests that it is unlikely to overcome any of these issues because it seeks to increase, rather than reduce the role of the courts.  This article concludes that the law should be simplified such that couples are allocated the same portion of the beneficial interest in the property as their legal interest unless they expressly declare otherwise.

  20. Copyright at the Bedside: Should We Stop the Spread?

    Science.gov (United States)

    Feldman, Robin; Newman, John

    2013-01-01

    We recently published an article in the New England Journal of Medicine describing a crisis in cognitive testing, as doctors and medical researchers increasingly face copyright claims in sets of questions used for testing mental state. We encouraged the creation of a cultural norm in medicine, in which medical researchers would ensure continued availability of their tests through open source licensing for any copyrights that might exist. In this piece, we consider the legal side of the question. Although copyrights are being copiously asserted in medical testing, are those rights valid, and should they be upheld? The legal precedents in this area are anything but clear, and the courts are divided in the few analogous circumstances that have arisen. We examine analogies in standardized testing, computer compilations and baseball pitching forms to consider the marvelous question of how to conceptualize a process-which is the purview of patent law-when that process consists of words-which are the purview of copyright law. We also look from an economics perspective at the issue of investment and value creation in the development of de facto standards. Legal scholars are so often in the position of looking backwards, teasing out solutions to problems that have developed within a doctrinal or theoretical area. Rarely does one have the opportunity to affect the course of events before problems become so deeply entrenched that they are intractable. This is such a moment, and the legal and medical fields should take advantage of the opportunities presented.

  1. Copyleft vs. Copyright: A Marxist Critique

    OpenAIRE

    Söderberg, Johan

    2002-01-01

    Copyright was invented by and for early capitalism, and its importance to that system has grown ever since. To oppose copyright is to oppose capitalism. Thus, Marxism is a natural starting point when challenging copyright. Marx's concept of a 'general intellect', suggesting that at some point a collective learning process will surpass physical labour as a productive force, offers a promising backdrop to understand the accomplishments of the free software community. Furthermore, the chief conc...

  2. Update on copyright issues and open access

    CERN Document Server

    CERN. Geneva

    2005-01-01

    When writing an article an author encounters several moments where he is confronted with copyright whether he likes it or not or whether he is interested in the topic or not. Unfamiliarity or lack of interest with copyright can create an unbalance in the careful package of the balances which copyright is and thus hinder innovation of the process of scholarly communication. The Dutch SURF Foundation together with its British counterpart JISC have developed a © toolkit which supports and assists authors, librarians, legal offices and publishers to (re)phrase publishing agreements and copyright policies of institutions of higher education to achieve maximum access to scientific output.

  3. Axial magnetic field and toroidally streaming fast ions in the dense plasma focus are natural consequences of conservation laws in the curved axisymmetric geometry of the current sheath

    CERN Document Server

    Auluck, S K H

    2014-01-01

    Direct measurement of axial magnetic field in the PF-1000 dense plasma focus (DPF), and its reported correlation with neutron emission, call for a fresh look at previous reports of existence of axial magnetic field component in the DPF from other laboratories, and associated data suggesting toroidal directionality of fast ions participating in fusion reactions, with a view to understand the underlying physics. In this context, recent work dealing with application of the hyperbolic conservation law formalism to the DPF is extended in this paper to a curvilinear coordinate system, which reflects the shape of the DPF current sheath. Locally-unidirectional shock propagation in this coordinate system enables construction of a system of 7 one-dimensional hyperbolic conservation law equations with geometric source terms, taking into account all the components of magnetic field and flow velocity. Rankine-Hugoniot jump conditions for this system lead to expressions for the axial magnetic field and three components of ...

  4. Copyright and the Use of Images as Biodiversity Data

    Directory of Open Access Journals (Sweden)

    Willi Egloff

    2017-03-01

    Full Text Available Taxonomy is the discipline responsible for charting the world’s organismic diversity, understanding ancestor/descendant relationships, and organizing all species according to a unified taxonomic classification system. Taxonomists document the attributes (characters of organisms, with emphasis on those can be used to distinguish species from each other. Character information is compiled in the scientific literature as text, tables, and images. The information is presented according to conventions that vary among taxonomic domains; such conventions facilitate comparison among similar species, even when descriptions are published by different authors. There is considerable uncertainty within the taxonomic community as to how to re-use images that were included in taxonomic publications, especially in regard to whether copyright applies. This article deals with the principles and application of copyright law, database protection, and protection against unfair competition, as applied to images. We conclude that copyright does not apply to most images in taxonomic literature because they are presented in a standardized way and lack the individuality that is required to qualify as ‘copyrightable works’. There are exceptions, such as wildlife photographs, drawings and artwork produced in a distinctive individual form and intended for other than comparative purposes (such as visual art. Further exceptions may apply to collections of images that qualify as a database in the sense of European database protection law. In a few European countries, there is legal protection for photographs that do not qualify as works in the usual sense of copyright. It follows that most images found in taxonomic literature can be re-used for research or many other purposes without seeking permission, regardless of any copyright declaration. In observance of ethical and scholarly standards, re-users are expected to cite the author and original source of any image that

  5. 28 CFR 512.21 - Copyright provisions.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Copyright provisions. 512.21 Section 512.21 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE GENERAL MANAGEMENT AND ADMINISTRATION RESEARCH Research § 512.21 Copyright provisions. (a) An employee of the Bureau may not...

  6. The Future of Copyright Management: European Perspectives.

    Science.gov (United States)

    Battisti, Michele

    This paper presents European perspectives on the future of copyright management. The first section is an overview of intellectual property rights in Europe, including differences between copyright countries and "droit d'auteur" countries. The second section addresses European Community legal policy, including examples related to the…

  7. Modeling of the Critical-Current Behavior of Nb3Sn Subsized Cables Under Transverse Load Using 2D Finite Element Analysis and a Strain Scaling Law

    CERN Document Server

    Wang, T; Takayasu, M; Bordini, B

    2014-01-01

    The mechanisms causing the critical-current degradation of ITER-type Nb3Sn Cable-in-Conduit-Conductors have been studied in the past decade. One of the origins of the degradation of the performance is the Lorentz load during magnet operations. The strands within the cable subjected to the transverse loads locally experience larger strains than the ones caused by tensile loads. Results obtained with experiments on full size cables are limited due to their cost and difficulty so, to predict the degradations of a Nb3Sn CICC under transverse loads, empirical laws should be established. Strain scaling laws are available but have never been used to determine the behavior of strands under transverse load. We propose a new method, by which the critical-current behavior of a subsized cable under transverse loads is derived from the critical-current behavior under uni-axial strains. This method is based on the strain state of the Nb3Sn filaments obtained by finite element analysis (FEA). The FEA strain results are used...

  8. 37 CFR 202.12 - Restored copyrights.

    Science.gov (United States)

    2010-07-01

    ... Uruguay Round Agreements Act, Public Law 103-465. (b) Definitions. (1) For the purposes of this section, restored work and source country, have the definition given in the URAA and § 201.33(b) of this chapter. (2... screen. (iv) Pictorial, graphic and sculptural works. With the exception of 3-dimensional works of art...

  9. Streaming Video Games: Copyright Infringement or Protected Speech?

    Directory of Open Access Journals (Sweden)

    Eirik Evert Elias Jungar

    2016-12-01

    Full Text Available Streaming video games, that is, live broadcasting playing video games on the internet, is incredibly popular. Millions tune into twitch.tv daily to watch eSport tournaments, their favourite streamer, and chat with other viewers. But all is not rosy in the world of streaming games. Recently, some game developers have aggressively exercised their copyright to, firstly, claim part of the streamers’ revenue, and secondly, control the context in which their game is shown. The article analyzes whether game developers have, and should have, such rights under EU copyright law. Reaching the conclusion that video game streams infringe the game developer’s right to communicate their works to the public, I argue that freedom of expression can and should be used to rein in their rights in certain cases. Subjecting the lawfulness of streams to game developers’ good will risks stifling the expressions of streamers. The streamers, their audience, and even the copyright holders, would be worse off for it.

  10. 38 CFR 43.34 - Copyrights.

    Science.gov (United States)

    2010-07-01

    ... ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS Post-Award Requirements Changes, Property, and Subawards § 43.34 Copyrights. The Federal awarding agency reserves a...

  11. 32 CFR 33.34 - Copyrights.

    Science.gov (United States)

    2010-07-01

    ... ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS Post-Award Requirements Changes, Property, and Subawards § 33.34 Copyrights. The Federal awarding agency reserves a...

  12. 40 CFR 31.34 - Copyrights.

    Science.gov (United States)

    2010-07-01

    ... ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS Post-Award Requirements Changes, Property, and Subawards § 31.34 Copyrights. The Federal awarding agency reserves a...

  13. limits of copyright protection in contemporary nigeria

    African Journals Online (AJOL)

    Mofasony

    2009-10-05

    Oct 5, 2009 ... Convention'), the Agreement on Trade-related Aspects of Intellectual ... the definition and meaning of copyrights, and the nature of digital products subject to ..... a lot of bilateral and multi-lateral agreements, treaties and ...

  14. Hidden Galilean symmetry, conservation laws and emergence of spin current in the soliton sector of chiral helimagnet

    Energy Technology Data Exchange (ETDEWEB)

    Bostrem, I.G. [Department of Physics, Ural State University, Ekaterinburg 620083 (Russian Federation); Kishine, J. [Faculty of Engineering, Kyushu Institute of Technology, Kitakyushu 804-8550 (Japan); Lavrov, R.V. [Department of Physics, Ural State University, Ekaterinburg 620083 (Russian Federation); Ovchinnikov, A.S. [Department of Physics, Ural State University, Ekaterinburg 620083 (Russian Federation)], E-mail: alexander.ovchinnikov@usu.ru

    2009-01-26

    An appearance of the transport spin current in chiral helimagnet is mathematically justified based on the symmetry arguments. Although the starting Lagrangian of the chiral magnet with the Berry phase term and the parity-violating Dzyaloshinskii-Morya coupling is not manifestly Galilean invariant, the Lie point group symmetry analysis and the variational symmetry analysis elucidate the hidden Galilean symmetry and the existence of the linear momentum as a conserved Noether current, respectively.

  15. Copyright Solutions for Institutional Repositories: A Collaboration With Subject Librarians

    Directory of Open Access Journals (Sweden)

    Heather Leary

    2012-01-01

    Full Text Available This work investigates using subject librarians to conduct copyright clearance in an institutional repository (IR. At Utah State University, the library assures copyright clearance for faculty scholarship, thereby garnering input of faculty scholarship into the IR. Currently, subject librarians are not widely participating in routine IR work; however, the involvement of subject librarians with the IR offers benefits to the subject librarians and the institution as a whole. This article provides a model for institutions needing new solutions for copyright clearance using subject librarians and discusses the rationale, benefits and challenges of adopting this model.

  16. Copyright over Works Reproduced and Published Online by Search Engines

    Directory of Open Access Journals (Sweden)

    Ernesto Rengifo García

    2016-12-01

    Full Text Available Search engines are an important technological tool that facilitates the dissemination and access to information on the Internet. However, when it comes to works protected by authors rights, in the case of continental law, or Copyright, for the Anglo-Saxon tradition, it is difficult to define if search engines infringe the rights of the owners of these works. In the face of this situation, the US and Europe have employed the exceptions to autorights and Fair Use to decide whether search engines infringes owners rights. This article carries out a comparative analysis of the different judicial decisions in the US and Europe on search engines and protected works.

  17. Variations in State Laws Governing School Reintegration Following Concussion.

    Science.gov (United States)

    Thompson, Leah L; Lyons, Vivian H; McCart, Melissa; Herring, Stanley A; Rivara, Frederick P; Vavilala, Monica S

    2016-12-01

    We sought to examine the prevalence, scope, and specificity of provisions governing school reintegration in current state concussion laws. State concussion laws as of May 2016 were independently assessed and classified by 2 trained coders. Statutes were classified as "Return-to-Learn" (RTL) laws if they contained language mandating institutional action at the state, district, or school level related to academic reintegration of youth who have sustained a concussion. All statutes classified as RTL laws were further analyzed to determine scope, required actions, and delineation of responsibility. RTL laws were uncommon, present in only 8 states. Most (75%) of these laws held schools responsible for RTL management but mandated RTL education for school personnel was less frequent, present in only one-quarter of the laws. None of the RTL laws provided guidance on support of students with persistent postconcussive symptoms, and only 1 recommended an evidence-based standard for RTL guidelines. Our review of state concussion laws indicates scant and vague legal guidance regarding RTL. These findings suggest an opportunity for legislative action on the issue of RTL, and reveal the need for better integration of laws and research, so that laws reflect existing best-practice recommendations and remain current as the evidence base develops. Copyright © 2016 by the American Academy of Pediatrics.

  18. Business Law

    DEFF Research Database (Denmark)

    Föh, Kennet Fischer; Mandøe, Lene; Tinten, Bjarke

    Business Law is a translation of the 2nd edition of Erhvervsjura - videregående uddannelser. It is an educational textbook for the subject of business law. The textbook covers all important topic?s within business law such as the Legal System, Private International Law, Insolvency Law, Contract law......, Instruments of debt and other claims, Sale of Goods and real estate, Charges, mortgages and pledges, Guarantees, Credit agreements, Tort Law, Product liability and Insurance, Company law, Market law, Labour Law, Family Law and Law of Inheritance....

  19. The Resilience of Music Copyrights: Technological Innovation, Copyright Disputes and Legal Amendments Concerning the Distribution of Music

    Directory of Open Access Journals (Sweden)

    Staffan Albinsson

    2013-09-01

    Full Text Available The introduction of the Internet and the convenient, although often illicit, file-sharing of copyrighted artistic products which it made possible has put Intellectual Property Right/IPR laws under stress. It is not the first and possibly not the last time that this phenomenon has occurred in connection with a technological shift. This paper contains a short history of the fundamentals of the processes which led to the incorporation of new means of distribution of artistic products in the Intellectual Property Rights regulations. It starts with music printing technology in Venice around the year 1500. It takes a leap to the recording devices of four centuries later. Via the introduction of broadcast devices, it ends with the blank media levies. The paper describes the events in the countries that created the first legal documents for these four types of technological inventions. Arguments pro and con IPR law differ but stakeholder positions remain the same.

  20. Webpages on copyright in Canadian academic libraries

    Directory of Open Access Journals (Sweden)

    Tony G Horava

    2008-12-01

    Full Text Available Academic libraries value the web as being a vital channel for communicating information and policies to their user community. Designing a webpage on copyright is a challenging task that requires a consideration of the medium and the message. This article proposes a conceptual model and proactive approach for integrating policy objective and goals into the development of a copyright webpage, based on key elements of the library’s involvement in academia. To complement this theoretical approach, an analysis of Canadian academic library websites was conducted in order to gage the effectiveness of copyright webpages, in the Canadian legal context, according to the model as well as related design issues of visibility and access.

  1. Ebooks Licensing and Canadian Copyright Legislation: A Few Considerations

    Directory of Open Access Journals (Sweden)

    Tony G Horava

    2009-06-01

    Full Text Available Ebooks have become increasingly common in collection development strategies. The availability and delivery of monographs in digital formats has gained significantly in popularity in many libraries, particularly in the academic sector. Licensing is the common method of acquiring ebooks, whether as a subscription or a purchase. Libraries have had to transform selection and workflow processes in order to acquire ebooks in an efficient manner. Little attention, however, has been paid to the interplay between licensing as a contractual arrangement and the statutory rights available under Canadian copyright law. Fair dealing is a concept of critical importance in Canadian copyright, as it provides the foundation for user rights in support of culture, learning, and innovation. There are other provisions of specific value for libraries, such as interlibrary loans and access by persons with perceptual disabilities. This article will examine these issues and proposes a few strategies that libraries can adopt to ensure that statutory rights are not eroded in licensing agreements

  2. The Aereo dilemma and copyright in the cloud

    Directory of Open Access Journals (Sweden)

    Monica Horten

    2014-10-01

    Full Text Available Aereo is a cloud-based startup company that offers people the possibility to watch live (or nearly live television on computing devices and smartphones. It was sued by the major US broadcasters for copyright liability and the case went to the Supreme Court where Aereo lost. It encapsulates a dilemma facing courts in the US and EU – that a ruling to shut down Aereo, on the basis that it is unlawful under copyright law, could threaten innovation in areas such as the cloud. The Aereo case turned on a narrow point of US copyright law, which this paper discusses. The core issue for this paper was to analyse the legal dispute between Aereo and the broadcasters as documented in the court papers, including transcripts of the hearing, and submissions in support of both parties. A key finding was that the technical design and characterisation of the service lay at the heart of the argument over copyright. The US courts deliberated at length as whether Aereo is more like a cable TV company, or is it merely an equipment provider, providing a digital video recorder in the cloud. The paper discusses whether technical design matters or whether the substantive effect could be the determining factor. The paper then broadens the perspective to examine the position of cloud service providers. It does so in general terms, using amicus curiae briefs and other documentation from the US court case, before concluding with a consideration of the EU position. An important finding is that the complexities of content acquisition, transmission and format-shifting will generate considerable legal uncertainty.

  3. 44 CFR 13.34 - Copyrights.

    Science.gov (United States)

    2010-10-01

    ... SECURITY GENERAL UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS Post-Award Requirements Changes, Property, and Subawards § 13.34 Copyrights. The Federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable license to reproduce...

  4. 45 CFR 92.34 - Copyrights.

    Science.gov (United States)

    2010-10-01

    ... DEPARTMENT OF HEALTH AND HUMAN SERVICES GENERAL ADMINISTRATION UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS TO STATE, LOCAL, AND TRIBAL GOVERNMENTS Post-Award Requirements Changes, Property, and Subawards § 92.34 Copyrights. The Federal awarding agency reserves a royalty-free...

  5. 28 CFR 66.34 - Copyrights.

    Science.gov (United States)

    2010-07-01

    ... Administration DEPARTMENT OF JUSTICE (CONTINUED) UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS Post-Award Requirements Changes, Property, and Subawards § 66.34 Copyrights. The Federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable license to...

  6. 22 CFR 135.34 - Copyrights.

    Science.gov (United States)

    2010-04-01

    ... Relations DEPARTMENT OF STATE MISCELLANEOUS UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS Post-Award Requirements Changes, Property, and Subawards § 135.34 Copyrights. The Federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable license to...

  7. 13 CFR 143.34 - Copyrights.

    Science.gov (United States)

    2010-01-01

    ... Business Credit and Assistance SMALL BUSINESS ADMINISTRATION UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS Post-Award Requirements Changes, Property, and Subawards § 143.34 Copyrights. The Federal awarding agency reserves a royalty-free, nonexclusive...

  8. 21 CFR 1403.34 - Copyrights.

    Science.gov (United States)

    2010-04-01

    ... OFFICE OF NATIONAL DRUG CONTROL POLICY UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS Post-Award Requirements Changes, Property, and Subawards § 1403.34 Copyrights. The Federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable license to...

  9. 14 CFR 1273.34 - Copyrights.

    Science.gov (United States)

    2010-01-01

    ... Aeronautics and Space NATIONAL AERONAUTICS AND SPACE ADMINISTRATION UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS Post-Award Requirements Changes, Property, and Subawards § 1273.34 Copyrights. The Federal awarding agency reserves a royalty-free...

  10. 36 CFR 1207.34 - Copyrights.

    Science.gov (United States)

    2010-07-01

    ... UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS Post-Award Requirements Changes, Property, and Subawards § 1207.34 Copyrights. The Federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise...

  11. 76 FR 72000 - Patent, Trademark & Copyright Acts

    Science.gov (United States)

    2011-11-21

    ... Geological Survey Patent, Trademark & Copyright Acts AGENCY: U.S. Geological Survey, Interior. ACTION: Notice...., Suite 200, Kennesaw, GA 30144, on U.S. Patent Application Serial No. 12/133,666, and a divisional patent application to be filed shortly at the Patent and Trademark Office, both entitled ``Anaerobic...

  12. 43 CFR 12.74 - Copyrights.

    Science.gov (United States)

    2010-10-01

    ... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Copyrights. 12.74 Section 12.74 Public Lands: Interior Office of the Secretary of the Interior ADMINISTRATIVE AND AUDIT REQUIREMENTS AND COST PRINCIPLES FOR ASSISTANCE PROGRAMS Uniform Administrative Requirements for Grants and Cooperative...

  13. Business Law

    DEFF Research Database (Denmark)

    Föh, Kennet Fischer; Mandøe, Lene; Tinten, Bjarke

    Business Law is a translation of the 2nd edition of Erhvervsjura - videregående uddannelser. It is an educational textbook for the subject of business law. The textbook covers all important topic?s within business law such as the Legal System, Private International Law, Insolvency Law, Contract law...

  14. Omnify: Investigating the Visibility and Effectiveness of Copyright Monitors

    Science.gov (United States)

    Potharaju, Rahul; Seibert, Jeff; Fahmy, Sonia; Nita-Rotaru, Cristina

    The arms race between copyright agencies and P2P users is an ongoing and evolving struggle. On the one hand, content providers are using several techniques to stealthily find unauthorized distribution of copyrighted work in order to deal with the problem of Internet piracy. On the other hand, P2P users are relying increasingly on blacklists and anonymization methods in order to avoid detection. In this work, we propose a number of techniques to reveal copyright monitors' current approaches and evaluate their effectiveness. We apply these techniques on data we collected from more than 2.75 million BitTorrent swarms containing 71 million IP addresses. We provide strong evidence that certain nodes are indeed copyright monitors, show that monitoring is a world-wide phenomenon, and devise a methodology for generating blacklists for paranoid and conservative P2P users.

  15. 77 FR 51068 - Remedies for Small Copyright Claims: Additional Comments

    Science.gov (United States)

    2012-08-23

    ...This is the second request for public comment pertaining to a study undertaken by the U.S. Copyright Office at the request of Congress on the topic of adjudicating small copyright claims. The study will assess whether and, if so, how the current legal system hinders or prevents copyright owners from pursuing claims that have a relatively small economic value and will discuss, with appropriate recommendations, potential changes in administrative, regulatory, and statutory authority. At this time, the Office seeks additional comments on some of the possible alternatives. The Copyright Office also announces two public meetings following the comment period, to be held during November 2012 in New York and Los Angeles, respectively.

  16. THE COPYRIGHT IN THE INFORMATION SOCIETY

    Directory of Open Access Journals (Sweden)

    Cristinel Ioan MURZEA

    2016-06-01

    Full Text Available The contemporary society has imposed new demands in the development and application of copyright as a result of structural changes which occur as a result of developments in science, technology and especially communication technologies and of informatics. Legal doctrine highlights axiomatic truth according to which the “environment created by technological developments” brings forward the profound informational dimension of human being in the contemporary society. In this context the integration and the harmonization of legislation of the Member States of the European Union leads to a complex and dynamic process by which the copyright called to legally protect intellectual creation in contemporary society, acquires a universal vocation in the contemporary society, because there are no barriers or impediments in its spreading especially due to the phenomenon of multiplication and improvement of means of information and communication

  17. A novel modeling to predict the critical current behavior of Nb3Sn PIT strand under transverse load based on a scaling law and Finite Element Analysis

    CERN Document Server

    Wang, Tiening; Takayasu, Makoto; Bordini, Bernardo

    2014-01-01

    Superconducting Nb3Sn Powder-In-Tube (PIT) strands could be used for the superconducting magnets of the next generation Large Hadron Collider. The strands are cabled into the typical flat Rutherford cable configuration. During the assembly of a magnet and its operation the strands experience not only longitudinal but also transverse load due to the pre-compression applied during the assembly and the Lorentz load felt when the magnets are energized. To properly design the magnets and guarantee their safe operation, mechanical load effects on the strand superconducting properties are studied extensively; particularly, many scaling laws based on tensile load experiments have been established to predict the critical current dependence on strain. However, the dependence of the superconducting properties on transverse load has not been extensively studied so far. One of the reasons is that transverse loading experiments are difficult to conduct due to the small diameter of the strand (about 1 mm) and the data curre...

  18. Using copyright to promote access to public sector information: a comparative survey

    NARCIS (Netherlands)

    Jasserand, C.; Hugenholtz, P.B.

    2012-01-01

    This study, which is part of a three-part report on Using Copyright to Enhance Access to Information and Creative Content, examines the role that copyright plays in facilitating access to and reuse of public sector information. It briefly describes the laws, national policies and government practice

  19. 75 FR 72790 - Copyright Policy, Creativity, and Innovation in the Internet Economy

    Science.gov (United States)

    2010-11-26

    ... Innovation in the Internet Economy AGENCY: National Telecommunications and Information Administration, U.S... economy has been reopened and will extend until 5 p.m. Eastern Standard Time (EST) on December 10, 2010... copyrighted works online and the relationship between copyright law and innovation in the Internet...

  20. The Great Game and the copyright villain

    Directory of Open Access Journals (Sweden)

    Betsy Rosenblatt

    2017-03-01

    Full Text Available This essay explores the reactions of Sherlock Holmes fans and enthusiasts to assertions of intellectual property ownership and infringement by putative rights holders in two eras of Sherlockian history. In both the 1946–47 and 2013–15 eras, Sherlock Holmes devotees villainized the entities claiming ownership of intellectual property in Holmes, distancing those entities from Sir Arthur Conan Doyle and casting them as greedy and morally bankrupt. Throughout each era, Sherlockians did not shy away from creating transformative works based on the Holmes canon over the objections of putative rights holders. This complicates the usual expectation that copyright assertions against fans are likely to chill fan production. The essay explores possible reasons why Sherlockian fandom might differ from other fandoms in this respect, including the role of the Great Game form of Sherlockian fandom in shaping fan attitudes toward their subject.

  1. Copyright and Distance Education: The Impact of the Technology, Education, and Copyright Harmonization Act

    Science.gov (United States)

    Nelson, Erik

    2009-01-01

    Copyright in the United States can be traced back to the U.S. Constitution in 1787. To encourage authorship of creative works, Congress created a limited monopoly in Section 106 of the Copyright Act of 1790. To balance this monopoly, Congress drafted Section 107 which provides public access to creative works through fair use. Revisions were…

  2. The Improvement of Copyright Law's Security System for Visually Impaired under the Vision of "Marrakesh Treaty."%《马拉喀什条约》视野下著作权法视障者保障制度之完善

    Institute of Scientific and Technical Information of China (English)

    常公元

    2014-01-01

    《马拉喀什条约》是世界知识产权组织2013年通过的里程碑式条约,其为视障者便利获取作品提供了大量限制与例外。为履行《马拉喀什条约》对缔约国设定的义务,充分保障视障者在获取信息、接受教育、享受艺术等方面与正常人的机会均等,在我国《著作权法》修订中应遵循条约的基本精神,将视障者保障制度加以完善。应对受益人、无障碍格式版、“被授权实体”等予以系统规制;将为视障者提供的版权限制与例外的范围进行适当调整;鼓励无障碍格式版的跨境交换;为视障者获取作品而规避技术措施提供法律支持。%“Marrakesh Treaty” is a landmark treaty in 2013 by the World Intellectual Property Or-ganization, which works to facilitate access for the visually impaired people to provide a lot of limi-tations and exceptions.To fulfill its obligations and fully protect the equality of opportunities for the visually impaired normal access to information, access to education, the arts, etc.The amend-ment of “Copyright Law” should follow the basic spirit of this treaty to perfect security system for the visually impaired persons.“Authorized entity” and other systems to be regulated; The scope of copyright limitations and exceptions for the visually impaired will provide appropriate adjust-ments;Encouraging cross-border exchange of accessible format version; Providing legal support for the visually impaired against technological measures to get work.

  3. Criminal Law

    DEFF Research Database (Denmark)

    Langsted, Lars Bo; Garde, Peter; Greve, Vagn

    <> book contains a thorough description of Danish substantive criminal law, criminal procedure and execution of sanctions. The book was originally published as a monograph in the International Encyclopaedia of Laws/Criminal Law....... book contains a thorough description of Danish substantive criminal law, criminal procedure and execution of sanctions. The book was originally published as a monograph in the International Encyclopaedia of Laws/Criminal Law....

  4. World law

    Directory of Open Access Journals (Sweden)

    Harold J. Berman

    1999-03-01

    Full Text Available In the third millennium of the Christian era, which is characterised by the emergence of a world economy and eventually a world society, the concept of world law is needed to embrace not only the traditional disciplines of public international law, and comparative law, but also the common underlying legal principles applicable in world trade, world finance, transnational transfer of technology and other fields of world economic law, as well as in such emerging fields as the protection of the world's environment and the protection of universal human rights. World law combines inter-state law with the common law of humanity and the customary law of various world communities.

  5. 论3D打印产品设计图作品的使用者利益--以美国判例为启示%On the users’ rights of 3D printing product design:a case study of American copyright law

    Institute of Scientific and Technical Information of China (English)

    瞿昊晖

    2015-01-01

    数字技术以及网络技术所带动的3D 打印技术的发展,可能使3D 打印产品设计图作品的使用为著作权人所垄断。因此,如何明确设计图作品使用者的权益,成为一个值得探讨的问题。从著作权法的实践可知,认定使用者权益的实质在于使用行为的分析与使用者身份的区分。结合3D打印使用行为的内容以及使用者的身份可知,默示许可、首次销售规则、合理使用构成了三种不同的路径,默示许可着重于许可协议的补充,首次销售规则关注使用权的转让,而合理使用则是对使用行为的兜底性考量。%With the development of 3D printing and network technologies, the 3D printing product design may be monopolized by the copyright holder. Therefore, to identify users’ rights has become a problem worthy of discussion. From the uses of 3D printing and the identities of users, there are such three different approaches as implied license, first sale rules and fair use, of which the first emphasizes the supplement provision, the second concerns the right of transfer, and the third is a miscellaneous provision for uses.

  6. How Law Affects Lending

    OpenAIRE

    Haselmann, Rainer; Pistor, Katharina; Vig, Vikrant

    2006-01-01

    A voluminous literature seeks to explore the relation between law and finance, but offers little insights into dynamic relation between legal change and behavioral outcomes or about the distributive effects of law on different market participants. The current paper disentangles the law-finance relation by using disaggregate data on banks’ lending patterns in 12 transition countries over a 8 year period. This allows us to control for country level heterogeneity and differentiate between differ...

  7. Taxonomic information exchange and copyright: the Plazi approach

    Directory of Open Access Journals (Sweden)

    Egloff Willi

    2009-03-01

    Full Text Available Abstract Background A large part of our knowledge on the world's species is recorded in the corpus of biodiversity literature with well over hundred million pages, and is represented in natural history collections estimated at 2 – 3 billion specimens. But this body of knowledge is almost entirely in paper-print form and is not directly accessible through the Internet. For the digitization of this literature, new territories have to be chartered in the fields of technical, legal and social issues that presently impede its advance. The taxonomic literature seems especially destined for such a transformation. Discussion Plazi was founded as an association with the primary goal of transforming both the printed and, more recently, "born-digital" taxonomic literature into semantically enabled, enhanced documents. This includes the creation of a test body of literature, an XML schema modeling its logic content (TaxonX, the development of a mark-up editor (GoldenGATE allowing also the enhancement of documents with links to external resources via Life Science Identifiers (LSID, a repository for publications and issuance of bibliographic identifiers, a dedicated server to serve the marked up content (the Plazi Search and Retrieval Server, SRS and semantic tools to mine information. Plazi's workflow is designed to respect copyright protection and achieves extraction by observing exceptions and limitations existent in international copyright law. Conclusion The information found in Plazi's databases – taxonomic treatments as well as the metadata of the publications – are in the public domain and can therefore be used for further scientific research without any restriction, whether or not contained in copyrighted publications.

  8. System implementation of electromobility, challenges to the energy industry law, current status. Pt. 1; Systemintegration von Elektromobilitaet, Herausforderung an das Energiewirtschaftsrecht, eine Standortbestimmung. T. 1

    Energy Technology Data Exchange (ETDEWEB)

    Keil, Eric [Verband kommunaler Unternehmen e.V., Berlin (Germany). Sachgebiet Netzzugang, Strom, Entflechtung; Schmelzer, Knut [Jena Univ. - Kompetenzzentrum fuer Technik, Wirtschaft, Recht e.V. (Germany). Inst. fuer Energiewirtschaftsrecht

    2010-11-15

    The authors of the first part of the contribution under consideration report on generic considerations on the implementation of electrical mobility in the valid energy industry law. Moreover, the authors report on the fundamental question whether and to what extent electrical mobility can be understood as an extended task of supply in the sense of the valid energy industry law.

  9. CONTU revisited: the case against copyright protection for computer programs in machine-readable form.

    Science.gov (United States)

    Samuelson, P

    1984-09-01

    Professor Samuelson casts a critical eye on the Final Report of the National Commission on New Technological Uses of Copyrighted Works (CONTU) which recommended that copyright protection be extended to machine-readable versions of computer programs. CONTU appears to have misunderstood computer technology and misinterpreted copyright tradition in two significant respects. The Commission failed to take into account the historical importance of disclosure of the contents of protected works as a fundamental goal of both the copyright and patent laws. It also erroneously opined that the utilitarian character of a work was no bar to its copyrightability when both the statute and the case law make clear that utilitarian works are not copyrightable. Since computer programs in machine-readable forms do not disclose their contents and are inherently utilitarian, copyright protection for them is inappropriate. Congress acted on CONTU's recommendation without understanding the significance of these conceptual flaws. Professor Samuelson recommends the creation of a new form of intellectual property law specifically designed for machine-readable programs.

  10. 48 CFR 1427.201 - Patent and copyright infringement liability.

    Science.gov (United States)

    2010-10-01

    ... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Patent and copyright... INTERIOR GENERAL CONTRACTING REQUIREMENTS PATENTS, DATA, AND COPYRIGHTS Patents and Copyrights 1427.201 Patent and copyright infringement liability....

  11. 7 CFR 1210.367 - Patents, copyrights, inventions, and publications.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Patents, copyrights, inventions, and publications....367 Patents, copyrights, inventions, and publications. Any patents, copyrights, inventions, product... such patents, copyrights, inventions, product formulations, or publications shall be considered...

  12. 48 CFR 27.201 - Patent and copyright infringement liability.

    Science.gov (United States)

    2010-10-01

    ... 48 Federal Acquisition Regulations System 1 2010-10-01 2010-10-01 false Patent and copyright... REGULATION GENERAL CONTRACTING REQUIREMENTS PATENTS, DATA, AND COPYRIGHTS Patents and Copyrights 27.201 Patent and copyright infringement liability....

  13. Outer space law: A problem of astronautics

    Science.gov (United States)

    Mandl, V.

    1984-01-01

    The theory of space law is discussed from the point of view of similarities and differences between hypothetical space law and current (1932) aviation law. International legal aspects and economic and cultural effects are also addressed.

  14. 76 FR 41075 - Copyright Arbitration Royalty Panel Rules and Procedures

    Science.gov (United States)

    2011-07-13

    ... Copyright Office 37 CFR Part 251 Copyright Arbitration Royalty Panel Rules and Procedures AGENCY: Copyright... making an amendment to its regulations by removing Part 251 Copyright Arbitration Royalty Panel Rules of Procedure. In 2004, Congress replaced the Copyright Arbitration Royalty Panels with three Copyright...

  15. LAW DEMOCRACY & DEVELOPMENT

    African Journals Online (AJOL)

    HP27975994114

    Lecturer, Faculty of Law, University of the. Western Cape ... In this article, the current socio-economic position of persons with disabilities in. South Africa will be ..... (b) To ensure access by persons with disabilities, in particular women and girls.

  16. The requirement for a „new public” in EU copyright law / Stavroula Karapapa

    Index Scriptorium Estoniae

    Karapapa, Stavroula

    2017-01-01

    Üldsusele edastamise kontseptsioonist ELi autoriõiguses, juurdepääsust autoriõigusega kaitstud töödele (hüperlingid) ning autoriõiguste rikkumisega seotud Euroopa Kohtu praktikast (nt lahend C-466/12)

  17. The requirement for a „new public” in EU copyright law / Stavroula Karapapa

    Index Scriptorium Estoniae

    Karapapa, Stavroula

    2017-01-01

    Üldsusele edastamise kontseptsioonist ELi autoriõiguses, juurdepääsust autoriõigusega kaitstud töödele (hüperlingid) ning autoriõiguste rikkumisega seotud Euroopa Kohtu praktikast (nt lahend C-466/12)

  18. On the prospects of raising the originality requirement in copyright law: perspectives from the humanities

    NARCIS (Netherlands)

    Lavik, E.; van Gompel, S.

    2013-01-01

    In 1903, in Bleistein v Donaldson Lithographing, Justice Holmes famously concluded that judges are ill-suited to make merit judgments when determining the eligibility for protection of works. Subsequent courts and commentators have generally followed his caution. Yet, no one has thought through how

  19. The Google Library Project: Is Digitization for Purposes of Online Indexing Fair Use Under Copyright Law?

    Science.gov (United States)

    2009-11-27

    In-house and by Google, Library Journal , July 23, 2009, available at http://www.libraryjournal.com/article/CA6672693.html. 108 See, e.g., Nathan...Changes on Antitrust Issue, No Response on Library Pricing, Library Journal , Nov. 14, 2009, available at http://www.libraryjournal.com/article/CA6707181

  20. World law

    OpenAIRE

    Berman, Harold J.; Robert W. Woodruff; James Barr Ames

    1999-01-01

    In the third millennium of the Christian era, which is characterised by the emergence of a world economy and eventually a world society, the concept of world law is needed to embrace not only the traditional disciplines of public international law, and comparative law, but also the common underlying legal principles applicable in world trade, world finance, transnational transfer of technology and other fields of world economic law, as well as in such emerging fields as the protection of the ...

  1. European Asylum Law : and its Relation to International Law

    NARCIS (Netherlands)

    Battjes, H.

    2006-01-01

    In Chapter 1 I introduce the question of enquiry, the relation between Community and international law on asylum. Further, I sketch the content of the Refugee Convention, other relevant international law, the historical background of current Community asylum law (i.e. the asylum acquis from before 2

  2. Analysis on the Current Situation of College Students"Rule of Law"in the Context of Promoting"Ruling the Country by Law"%全面推进“依法治国”背景下大学生“法治”观的现状分析

    Institute of Scientific and Technical Information of China (English)

    肖青松; 赵文力

    2016-01-01

    current problems, in order to respond to the requirements of the rule of law.

  3. Effectiveness of Department of Defense Policies on Copyrighted Media: Bazaar Occurrences in Iraq and Afghanistan

    Science.gov (United States)

    2016-06-10

    5500.07 states, “DoD personnel shall perform their official duties lawfully and comply with the highest ethical standards.”106 Yet, Secretary Carter’s...52 Ethical Cultural Effects... businesses of Hollywood and film, music, and software production studios. As technology grows, making reproductions and sharing of this copyrighted

  4. Copyright and Fair Use in the Digital Age: Q and A with Peter Lyman.

    Science.gov (United States)

    Lyman, Peter.

    1995-01-01

    Discusses the role of copyright law in managing intellectual property rights in a digital age. Topics include the application of fair use to digital materials; the impact of information technology in defining intellectual property rights; and the need for change in the notion of fair use. (KRN)

  5. Ideas, Their Time Has Come: An Argument and a Proposal for Copyrighting Ideas.

    Science.gov (United States)

    Hopkins, David B.

    1982-01-01

    Exclusion of ideas from copyright protection is an antiquated and indefensible notion. Traditional infringement tests do not provide adequate incentive or protection to idea creators. Innovations such as limited duration monopoly or own/sell option are reasonable. (AVAIL: Albany Law School of Union University, 80 New Scotland Ave., Albany, NY…

  6. Managing the Contents of the Indian Institute of Astrophysics Archives — Copyright Issues

    Science.gov (United States)

    Birdie, C.; Vagiswari, A.

    2010-10-01

    In this paper, we discuss some of the challenges faced by the Indian Institute of Astrophysics (IIA) archives with reference to the use of both physical and digital contents and the attempts made to keep the balance between providing access and not infringing the copyright laws.

  7. Breaks, Flows, and Other In-Between Spaces: Rethinking Piracy and Copyright Governance

    Science.gov (United States)

    Wang, Shujen

    2006-01-01

    This article uses three case studies to examine the intersecting developments of technology, capitalism, and globalization through the contradictions and paradoxes of copyright governance and piracy. China is used as a case study to investigate the relations among the state, law, and global capitalism. (Contains 7 tables and 9 notes.)

  8. Breaks, Flows, and Other In-Between Spaces: Rethinking Piracy and Copyright Governance

    Science.gov (United States)

    Wang, Shujen

    2006-01-01

    This article uses three case studies to examine the intersecting developments of technology, capitalism, and globalization through the contradictions and paradoxes of copyright governance and piracy. China is used as a case study to investigate the relations among the state, law, and global capitalism. (Contains 7 tables and 9 notes.)

  9. Private Use, Public Policy: Copyright and Home Recording.

    Science.gov (United States)

    Ladd, David

    1981-01-01

    Discusses the relationship between copyright and the new technologies. The legal responses to copyright violations and to cases regarding fair use, as well as international efforts to protect copyright with respect to noncommercial use are considered. (CHC)

  10. Obtaining Laws through Quantifying Experiments: Justifications of Pre-Service Physics Teachers in the Case of Electric Current, Voltage and Resistance

    Science.gov (United States)

    Mäntylä, Terhi; Hämäläinen, Ari

    2015-01-01

    The language of physics is mathematics, and physics ideas, laws and models describing phenomena are usually represented in mathematical form. Therefore, an understanding of how to navigate between phenomena and the models representing them in mathematical form is important for a physics teacher so that the teacher can make physics understandable…

  11. Property Law

    OpenAIRE

    Dean Lueck; Thomas J. Miceli

    2004-01-01

    This chapter examines the economics of property rights and property law. Property law is a fundamental part of social organization and is also fundamental to the operation of the economy because it defines and protects the bundle of rights that constitute property. Property law thereby creates incentives to protect and invest in assets and establishes a legal framework within which market exchange of assets can take place. The purpose of this chapter is to show how the economics of property r...

  12. 7 CFR 1250.542 - Patents, copyrights, trademarks, and information.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Patents, copyrights, trademarks, and information... AGRICULTURE EGG RESEARCH AND PROMOTION Rules and Regulations Patents, Copyrights, Trademarks, and Information § 1250.542 Patents, copyrights, trademarks, and information. Patents, copyrights, trademarks,...

  13. 7 CFR 1220.254 - Patents, copyrights, inventions, and publications.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Patents, copyrights, inventions, and publications... Miscellaneous § 1220.254 Patents, copyrights, inventions, and publications. (a) Any patents, copyrights..., franchising, or other uses of such patents, copyrights, inventions, or publications, inure to the benefit...

  14. Constitutionalization of Peruvian Law

    Directory of Open Access Journals (Sweden)

    César Landa

    2013-12-01

    Full Text Available Constitutionalizaton of Law’s different areas is a phenomenon gradually more ingrained in our cultural and legal framework. Maybe the best demonstration is the increasingly prominent role of the Constitutional Court (TC – Constitution’s Supreme Interpreter – in defining and redefining concepts, rights and legal principles touching a range of subjects, from TaxLaw to Human Rights. This is relevant to understand the Law and its current effects whether it is valued positively or negatively.

  15. Organizational Placement and Perceived Legitimacy and Authority of Copyright Information Dissemination and Management in the Research University

    Science.gov (United States)

    Albitz, Rebecca S.

    2012-01-01

    Copyright plays a central role in numerous activities within higher education, and educating a university community about copyright law should be a priority, if only to protect the institution from lawsuits. But, based upon a literature review, institutions devote a more resources to other intellectual property activities--plagiarism detection,…

  16. 78 FR 13094 - Remedies for Small Copyright Claims: Third Request for Comments

    Science.gov (United States)

    2013-02-26

    ...The United States Copyright Office is requesting public comment for the third time on the topic of adjudicating small copyright claims. The Office is studying whether and, if so, how the current legal system hinders or prevents copyright owners from pursuing copyright claims that have a relatively small economic value and will discuss, with appropriate recommendations, potential changes in administrative, regulatory, and statutory authority. At this time, the Office seeks additional comments on possible alternatives to the current system to improve the adjudication of such claims.

  17. Thoughts on Current Situation of Science and Technology Law System in China%我国科技法律制度现状思考

    Institute of Scientific and Technical Information of China (English)

    范国强

    2005-01-01

    科技法(Technology Law)的概念大约是在20世纪80年代提出的,有专家认为是中国人最先提出的,也有专家认为是美国人最先提出的。比较而言,我国在科技法方面发展极为缓慢。在美国已有Harvard Journal of law & Technology,Stanford Technology law Review等研究科技法律制度的著名期刊,我国台湾也有专门研究机构,如台湾交通大学科技法律研究所等7个科技法研究中心。

  18. Law 302.

    Science.gov (United States)

    Manitoba Dept. of Education, Winnipeg.

    This publication outlines a law course intended as part of a business education program in the secondary schools of Manitoba, Canada. The one credit course of study should be taught over a period of 110-120 hours of instruction. It provides students with an introduction to the principles, practices, and consequences of law with regard to torts,…

  19. Slip-sliding away - Some Reflections on Recent Developments in Copyright and their Consequences

    Directory of Open Access Journals (Sweden)

    Kjell Nilsson

    2007-08-01

    Full Text Available Copyright is undoubtedly a very complicated matter. For that very reason it might be useful now and again to look beyond the jungle of treaties, directives, laws, decrees and contracts, and try to establish where we are actually heading. Then we can ask ourselves whether the direction taken is the one we would like to see. My purpose in writing this article is to demonstrate how the ‘balance’, which was always considered to be a crucial goal of copyright regulation, has been gradually undermined, to the detriment of the consumers of information and culture. I will also try to illustrate how copyright has become distanced from what was once its very foundations. If we look more closely at recent developments there are primarily two factors which merit special attention, namely 1 the widespread revision of copyright legislation and 2 The increasing regulation by contract.

  20. Law of 22 April 2005 on patients' rights and the end of life in France: setting the boundaries of euthanasia, with regard to current legislation in other European countries.

    Science.gov (United States)

    Clin, Bénédicte; Ophélie, Ferrant

    2010-10-01

    The term 'euthanasia' is not clearly defined. Euthanasia is evoked in many aspects of terminal care: interruption of curative treatment at the end of life, palliative care or the act of deliberately provoking death through compassion. A law on 'patients' rights and the end of life', promulgated in France on 22 April 2005, led to changes in the French Code of Public Health. In this work, we have first outlined the key provisions of this law and the changes it has brought, then we have compared current legislation on the subject throughout Europe, where a rapid overview of current practice in terminal patient care revealed four different types of legislation: the first authorizes euthanasia (in the sense of provoking death, if this choice is medically justified), the second legalizes 'assisted suicide', the third, which is sometimes referred to as 'passive euthanasia', consists of the non-administration of life-sustaining treatment and, finally, the fourth prohibits euthanasia in any form whatsoever. In the last section, we have attempted to clarify the as yet indistinct notion of 'euthanasia' in order to determine whether the conception of terminal care in the Law of 22 April 2005 was consistent with that put forward by the philosopher Francis Bacon, who claimed that, 'The physician's role is to relieve pain, not only when such relief can lead to healing, but also when it can proffer a calm and trouble-free death, thus putting an end to the suffering and the agony of death' (modern adaptation of the original quote).

  1. Case - Case-Law - Law

    DEFF Research Database (Denmark)

    Sadl, Urska

    2013-01-01

    Reasoning of the Court of Justice of the European Union – Constr uction of arguments in the case-law of the Court – Citation technique – The use of formulas to transform case-law into ‘law’ – ‘Formulaic style’ – European citizenship as a fundamental status – Ruiz Zambrano – Reasoning from...

  2. An Old Copyright Principle Sank Apple's Suit Against Microsoft

    National Research Council Canada - National Science Library

    Gibson, Steve

    1992-01-01

    .... Ruling on the Apple vs. Microsoft copyright infringement lawsuit, the court found that Apple's Lisa and Macintosh PCs had used many ideas that originated at Xerox's Palo Alto Research Center and thus were not subject to Apple's copyright...

  3. An Argument for States to Outlaw 'Revenge Porn' and for Congress to Amend 47 U.S.C. §230: How Our Current Laws Do Little to Protect Victims

    Directory of Open Access Journals (Sweden)

    Casey Martinez

    2014-05-01

    Full Text Available This note examines the intersection of law and technology as it relates to the issue of revenge porn.  Revenge porn comes in many forms but most commonly refers to the online posting of sexually explicit photos or videos of past lovers, without their consent, after the relationship has ended.  The author explains how the current legal framework has left many victims without legal recourse to punish those who have posted their intimate photos or videos without consent, and few options to have their images removed from the internet once they have been posted.  The note argues that in order to protect victims, states should make laws to criminalize the posting of revenge porn and the Communications Decency Act should be amended to give victims the power to have their images removed from websites.

  4. 48 CFR 1327.201 - Patent and copyright infringement liability.

    Science.gov (United States)

    2010-10-01

    ... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Patent and copyright infringement liability. 1327.201 Section 1327.201 Federal Acquisition Regulations System DEPARTMENT OF COMMERCE GENERAL CONTRACTING REQUIREMENTS PATENTS, DATA, AND COPYRIGHTS Patents and Copyrights 1327.201 Patent...

  5. 7 CFR 1160.505 - Patents, copyrights, inventions and publications.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 9 2010-01-01 2009-01-01 true Patents, copyrights, inventions and publications. 1160... PROGRAM Fluid Milk Promotion Order Miscellaneous § 1160.505 Patents, copyrights, inventions and publications. (a) Any patents, copyrights, trademarks, inventions or publications developed through the use...

  6. 7 CFR 1150.184 - Patents, copyrights, inventions and publications.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 9 2010-01-01 2009-01-01 true Patents, copyrights, inventions and publications. 1150... Dairy Promotion and Research Order Miscellaneous § 1150.184 Patents, copyrights, inventions and publications. Any patents, copyrights, trademarks, inventions or publications developed through the use...

  7. 7 CFR 1260.215 - Patents, copyrights, inventions and publications.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Patents, copyrights, inventions and publications... AGRICULTURE BEEF PROMOTION AND RESEARCH Beef Promotion and Research Order Miscellaneous § 1260.215 Patents, copyrights, inventions and publications. (a) Any patents, copyrights, inventions or publications...

  8. 7 CFR 1230.88 - Patents, copyrights, inventions, and publications.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Patents, copyrights, inventions, and publications... Information Order Miscellaneous § 1230.88 Patents, copyrights, inventions, and publications. Any patents..., leasing, franchising, or other uses of such patents, copyrights, inventions, or publications inure to...

  9. Crime and Punishment: Are Copyright Violators Ever Penalized?

    Science.gov (United States)

    Russell, Carrie

    2004-01-01

    Is there a Web site that keeps track of copyright Infringers and fines? Some colleagues don't believe that copyright violators are ever penalized. This question was asked by a reader in a question and answer column of "School Library Journal". Carrie Russell is the American Library Association's copyright specialist, and she will answer selected…

  10. 37 CFR 201.1 - Communication with the Copyright Office.

    Science.gov (United States)

    2010-07-01

    ...; requests for Copyright Office speakers; requests for approvals of computer generated application forms... addressed to: Copyright GC/I&R, P.O. Box 70400, Washington, DC 20024-0400. 3 All litigation material is time... submitted for recordation should be mailed to Copyright Office, Notices of Termination, P.O. Box...

  11. Crime and Punishment: Are Copyright Violators Ever Penalized?

    Science.gov (United States)

    Russell, Carrie

    2004-01-01

    Is there a Web site that keeps track of copyright Infringers and fines? Some colleagues don't believe that copyright violators are ever penalized. This question was asked by a reader in a question and answer column of "School Library Journal". Carrie Russell is the American Library Association's copyright specialist, and she will answer selected…

  12. Preaching in the perspective of civil law

    Directory of Open Access Journals (Sweden)

    Piotr Kroczek

    2016-03-01

    Full Text Available Preaching the word of God is the part of the ministry of the divine word. The activity belongs exclusively to the Church and is regulated by the church law, but it is also under regime of Polish law. The article focuses on the Polish civil law and treats about: copyright law, the protection of secret information in labor law and in educational law, the obligation of silence before election day, and protection of personal interests. The catholic ministers must be aware of the civil liability for the preaching.

  13. Open access is almost here: navigating through copyright, fair use, and the TEACH Act.

    Science.gov (United States)

    Lyons, Margaret G

    2010-02-01

    Dealing with the complexities of copyright, fair use, the TEACH Act, and the concept of open access can confuse even the most experienced educator. Online education has added to the dilemma. This article discusses the latest information on copyright issues, current guidelines for interpreting fair use and incorporating the TEACH Act, and recent developments in open access publishing.

  14. The copyright wars three centuries of trans-atlantic battle

    CERN Document Server

    Baldwin, Peter

    2014-01-01

    Today’s copyright wars can seem unprecedented. Sparked by the digital revolution that has made copyright—and its violation—a part of everyday life, fights over intellectual property have pitted creators, Hollywood, and governments against consumers, pirates, Silicon Valley, and open-access advocates. But while the digital generation can be forgiven for thinking the dispute between, for example, the publishing industry and Google is completely new, the copyright wars in fact stretch back three centuries—and their history is essential to understanding today’s battles. The Copyright Wars—the first major trans-Atlantic history of copyright from its origins to today—tells this important story. Peter Baldwin explains why the copyright wars have always been driven by a fundamental tension. Should copyright assure authors and rights holders lasting claims, much like conventional property rights, as in Continental Europe? Or should copyright be primarily concerned with giving consumers cheap and easy ac...

  15. 略论我国专利法的完善%On the Improvement of the Current Patent Law of Our Country

    Institute of Scientific and Technical Information of China (English)

    田宝会

    2001-01-01

    There exist serious defects both in the stipulations and expression of the contents of patent rights and in the use and management of the three big patent rights.At the same time some stipulations can not meet the needs of establishing socialist market economy and modern enterprise system.Therefore we should carry out the modification and perfection for the patent law.%我国现行专利法在专利权的内容的规定和表述上、在三大专利权的使用管理上均存在严重缺陷,同时有些规定已经不能适应建立社会主义市场经济和现代企业制度的需要。因此,应对专利法进行修改和完善。

  16. Comparative Study of Copyright Trade between China and UK

    Directory of Open Access Journals (Sweden)

    Liu Ting

    2013-10-01

    Full Text Available This study aims to promote the development of Chinese copyright trade by comparing copyright trade between China and UK and finding out on which aspects China lags behind UK. With the deepening of Chinese reform and opening up, China has improved its copyright system and accelerated the development of our copyright trade. However, there still is a big gap compared with UK and other developed countries. Based on the comparative study of copyright trade between UK and China, we draw a conclusion so as to promote the development of China's copyright trade. We mainly adopted comparative research method, statistical research method and Empirical research methods in this study. The results show there is a big gap between China and UK on legal system, management of intellectual property right and main information channels etc. China still has a long way to go.

  17. The social construction of copyright ethics and values.

    Science.gov (United States)

    Slaughter, Sheila; Rhoades, Gary

    2010-06-01

    This study is based on analysis of copyright policies and 26 interviews with science and engineering faculty at three research universities on the topic of copyright beliefs, values, and practices, with emphasis on copyright of instructional materials, courseware, tools, and texts. Given that research universities now emphasize increasing external revenue flows through marketing of intellectual property, we expected copyright to follow the path of patents and lead to institutional emphasis of policies and practices that enhanced universities' intellectual property portfolios, accompanied by an increase in copyrighting by professors. Although this pattern occurred with regard to institutions, professors offered a more varied pattern, with some fully participating in commercialization of copyright and embracing entrepreneurial values, while others resisted or subverted commercial activity in favor of traditional science and engineering values.

  18. Copyright? What Copyright?

    Institute of Scientific and Technical Information of China (English)

    2007-01-01

    The Chinese translation of Harry Potter’s latest adventure is already available in China, long before the book’s official release date and despite stricter anti-piracy measures About a month ago, Sun Shunlin was shocked when a friend hand-ed him a gift.

  19. Copyright licenses and legal deposit practices of grey multimedia materials

    OpenAIRE

    Debbie L. Rabina; GreyNet, Grey Literature Network Service

    2008-01-01

    The purpose of this study is to determine whether the type of copyright license under which grey multimedia materials are published makes a difference in terms of their inclusion in library catalogs. The two types of copyright licenses examined are Creative Commons and traditional copyright, and the library catalogs examined is that of the United States Library of Congress and national catalogs of countries represented in the population of the study. The population included grey multimedia ma...

  20. Impact Factors on Transformer Neutral Point Current and Its Laws%变压器中性点电流的影响因素及其规律

    Institute of Scientific and Technical Information of China (English)

    王晓毛; 谢应耿; 夏成军

    2014-01-01

    针对广东电网多回直流输电系统对变电站主变压器的影响,从电路原理出发,设计了一个简单的电流分布计算模型,并推导出地中直流电流的数学表达式,论证了中性点电流的主要影响因素;引入线性回归分析方法计算各影响因素与中性点电流关系的回归模型,利用回归方程来估计直流极的影响范围。分析计算以±800 kV楚穗直流输电线路为例,验证了变压器中性点电流与直流输送功率的线性特点,并且说明了在合适位置投入直流抑制装置,可以抑制区域内流入电网的直流电流的总值。%Aiming at impact on the main transformer of substation by multi-loop direct current power transmission system in Guang-dong power grid,a simple current distribution calculation model was design based on principles of electric circuits,mathematical ex-pression for direct current was derived and main impact factors on neutral point current were demonstrated.In addition,a linear re-gression analysis method was introduced to calculate the regression model of various impact factors and neutral point current.Mean-while,the regression equation was used to estimate impact range of the direct current pole.Taking ±800 kV Chusui direct current power transmission lines as analysis and calculation example,linear characteristics of transformer neutral point current and direct current transmission power were verified.Meanwhile,it was proved to be effective in restraining total value of direct current flow-ing into the power grid in the region by installing direct current suppression device.

  1. Secrets Law

    Directory of Open Access Journals (Sweden)

    Luz Helena Guamanzara Torres

    2013-01-01

    Full Text Available This paper provides a review of the book The Law of Secrets, of the author Juan Carlos Martínez-Villalba Riofrío studying the secrets and how law does protect. To this end, the author has analyzed the general theory of secrecy, secrets and methodology, its overall rating, essential elements and their different legal dimensions, the secret as a subjective right. It also establishes that professional secrecy is protected by constitutional principles such as the right to privacy.

  2. Health Insurance Coverage and Use of Family Planning Services among Current and Former Foster Youth: Implications of the Health Care Reform Law

    Science.gov (United States)

    Dworsky, Amy; Ahrens, Kym; Courtney, Mark

    2013-01-01

    This research uses data from a longitudinal study to examine how two provisions in the Patient Protection and Affordable Care Act could affect health insurance coverage among young women who have aged out of foster care. It also explores how allowing young people to remain in foster care until age twenty-one affects their health insurance coverage, use of family planning services, and information about birth control. We find that young women are more likely to have health insurance if they remain in foster care until their twenty-first birthday and that having health insurance is associated with an increase in the likelihood of receiving family planning services. Our results also suggest that many young women who would otherwise lack health insurance after aging out of foster care will be eligible for Medicaid under the health care reform law. Because having health insurance is associated with use of family planning services, this increase in Medicaid eligibility may result in fewer unintended pregnancies among this high-risk population. PMID:23262773

  3. 77 FR 14686 - Claims for Patent and Copyright Infringement

    Science.gov (United States)

    2012-03-13

    ... SPACE ADMINISTRATION 14 CFR Part 1245 RIN 2700-AD63 Claims for Patent and Copyright Infringement AGENCY... necessary to file a claim for patent or copyright infringement, and they also provide for written... INFORMATION: On July 26, 2011, the Administrator published a notice of proposed rulemaking (NPRM) for...

  4. 38 CFR 17.266 - Copyrights and patents.

    Science.gov (United States)

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Copyrights and patents. 17.266 Section 17.266 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS AFFAIRS MEDICAL Grants for Exchange of Information § 17.266 Copyrights and patents. If a grant-supported program...

  5. 76 FR 44504 - Claims for Patent and Copyright Infringement

    Science.gov (United States)

    2011-07-26

    ... SPACE ADMINISTRATION 14 CFR Part 1245 RIN 2700-AD63 Claims for Patent and Copyright Infringement AGENCY... considers necessary to file a claim for patent or copyright infringement, and they also provide for written... Act (51 U.S.C. 20113) authorizes the Administrator of NASA to settle administrative claims of...

  6. 48 CFR 2453.227 - Patents, data, and copyrights.

    Science.gov (United States)

    2010-10-01

    ... 48 Federal Acquisition Regulations System 6 2010-10-01 2010-10-01 true Patents, data, and copyrights. 2453.227 Section 2453.227 Federal Acquisition Regulations System DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CLAUSES AND FORMS FORMS Prescription of Forms 2453.227 Patents, data, and copyrights....

  7. 77 FR 37605 - Registration of Claims to Copyright

    Science.gov (United States)

    2012-06-22

    ... arrangement of functional physical movements such as sports movements, exercises, and other ordinary motor..., and particularly in claims of copyrightable authorship in selection and arrangement of exercises or of... the copyrightability of the selection and arrangement of preexisting exercises, such as yoga...

  8. 42 CFR 61.19 - Copyright and reproduction.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 1 2010-10-01 2010-10-01 false Copyright and reproduction. 61.19 Section 61.19 Public Health PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES FELLOWSHIPS, INTERNSHIPS, TRAINING FELLOWSHIPS Regular Fellowships § 61.19 Copyright and reproduction. Where the work...

  9. Who owns the information in the medical record? Copyright issues.

    Science.gov (United States)

    Mair, Judith

    2011-01-01

    As part of every private healthcare practice and healthcare facility, documentation of patients' healthcare, diagnoses and treatment are an ongoing requirement with legal connotations. The question that may arise is whether copyright can subsist in patient medical records, and if so, what benefit may arise from ownership of such copyright.

  10. Machines as readers: A solution to the copyright problem

    Institute of Scientific and Technical Information of China (English)

    SHAMOS Michael I.

    2005-01-01

    Copyright and its international complications have presented a significant barrier to the Universal Digital Library (UDL)'s mission to digitize all the published works of mankind and make them available throughout the world. We discuss the effect of existing copyright treaties and various proposals, such as compulsory licensing and the public lending right that would allow access to copyrighted works without requiring permission of their owners. We argue that these schemes are ineffective for purposes of the UDL. Instead, making use of the international consensus that copyright does not protect facts, information or processes, we propose to scan works digitally to extract their intellectual content, and then generate by machine synthetic works that capture this content, and then translate the generated works automatically into multiple languages and distribute them free of copyright restriction.

  11. Challenges imposed by International Environmental Law to Classical International Law

    Directory of Open Access Journals (Sweden)

    Fabian Augusto Cárdenas Castañeda

    2010-05-01

    Full Text Available The emergence of international environmental law has produced important challenges to the very foundations of public international law. Traditional concepts such as state sovereignty, subjects of international law, and the early perspectives of national security are being transformed. The needs of the contemporary international society differ from the ones of the Wesphalian conception, situations which clearly explains the raise of alternative views for the understanding of the current dynamics of international law, where concepts like res communis, common concerns and simply “commons” take a privileged place in the study of international law. The foregoing has been strengthened by the international development of the so called erga ommnes obligations, label which is being used by international environmental law as the perfect explanation of its own existence. This academic article presents and studies the abovementioned concepts trying to compare what international law used to be before the emergence of international environmental law and what it is and what it should be in order to attend the developments and challenges imposed by the contemporary international society, particularly by international environmental law, a new fi eld of the corpus juris of public international law.

  12. Copyright protection of images in the digital environment.

    Science.gov (United States)

    Ibbotson, J

    1997-03-01

    All creators of copyright-protected works are re-assessing the protection and exploitation of their works in the digital environment. This article attempts to define 'digital' in a copyright context. It reminds artists and photographers of the essentials of copyright as they already apply in the UK before it looks at how those essentials may apply to images circulating in the digital environment. Finally it covers some of the key issues which artists and other creators are now having to address in their day to day work.

  13. Morality, care, and international law

    Directory of Open Access Journals (Sweden)

    Virginia Held

    2011-09-01

    Full Text Available Whether we should respect international law is in dispute. In the United States, international law is dismissed by the left as merely promoting the interests of powerful states. It is attacked by the right as irrelevant and an interference with the interests and mission of the United States. And it follows from the arguments of many liberals that in the absence of world government the world is in a Hobbesian state of nature and international law inapplicable. This article reviews the thinking of Kant, Locke, and Rawls, among others and shows how arguments against respect for international law can be answered. It questions arguments based on the analogy between states and individuals, and between international law as it has developed and law based on an ideal social contract between individuals. It then turns to the ethics of care, a recent addition to moral theory, and examines its major characteristics and recommendations. It considers how the ethics of care would view international law and the guidance this moral approach could provide for international relations. The article shows how the ethics of care is compatible with various current trends, and how thinking about globalization and greater international interdependence would benefit from greater attention to it. The article argues that the ethics of care would clearly support respect for international law as it has developed, but that it would even more strongly support addressing current problems in ways that would, in the longer term, make appeals to law and its enforcements ever less necessary.

  14. Report on National Conference on Ethics, Copyrights, and Plagiarism in Research and Publications

    Directory of Open Access Journals (Sweden)

    Somen Chakravorty

    2015-01-01

    Full Text Available Central Council for Research in Homoeopathy (CCRH, Ministry of AYUSH, Government of India partnered with Society for Social Development and Peoples Action (SDPA to organize a National Conference on Ethics, Copyrights and Plagiarism in Research & Publications at AYUSH- Sabhagar, New Delhi on 8th August 2015. The conference was aimed at raising awareness about copyright infringement, enhancing knowledge about Intellectual Property Right issues/laws etc and guiding participants to prevent plagiarism. The conference was attended by 125 delegates including Medical and library professionals, researchers and students from ten states across the country. Four scientific sessions on Intellectual property rights- changing concerns, IPR issues in Research & Publications, IPR laws and judicial institution, Internet & Challenges to IPR were held; key speakers of the sessions being Prof. Alka Chawla, Dr. Somen Chakraborty and Dr. Deepankar Mukherjee respectively. The conference concluded with a set of recommendations collated from the papers presented, speeches delivered and individual feedback from the participants. Dr. Raj K. Manchanda in his closing remarks thanked the organising team of both SDPA and CCRH. He further assured to organize events on copyright subjects every year for benefit of all.

  15. Case study of perception about the copyright of the digital libraries in Mainland China with Hong Kong and Taiwan, China as the reference system

    Institute of Scientific and Technical Information of China (English)

    ZHAN; Qingdong; ZHANG; Wende

    2009-01-01

    This paper analyzes the perception of the librarians in mainland China about the copyright during the development of digital libraries with Hong Kong Special Administrative Region(HK SAR)and Taiwan,China as the reference system,through questionnaire survey of copyright cases of the digital libraries by investigating the digital library builders and librarians of 30 universities from mainland China,HK SAR and Taiwan,China ranked among the top 500 in the Academic Ranking of World Universities(SJTU Version).The report holds that:1)The copyright law shall evolve with the times and be revised from time to time;2)it is imperative to popularize and educate in the copyright law;3)the guidelines for the use of the copyright law of the education industry shall be developed as soon as possible;and 4)the Collective Management of Copyright Regulations shall be enforced as early as possible.

  16. Stage Staffing Scheme for Copyright Protection in Multimedia

    CERN Document Server

    Kumar, Sumit; Nandi, Sukumar

    2011-01-01

    Copyright protection has become a need in today's world. To achieve a secure copyright protection we embedded some information in images and videos and that image or video is called copyright protected. The embedded information can't be detected by human eye but some attacks and operations can tamper that information to breach protection. So in order to find a secure technique of copyright protection, we have analyzed image processing techniques i.e. Spatial Domain (Least Significant Bit (LSB)), Transform Domain (Discrete Cosine Transform (DCT)), Discrete Wavelet Transform (DWT) and there are numerous algorithm for watermarking using them. After having a good understanding of the same we have proposed a novel algorithm named as Stage Staffing Algorithm that generates results with high effectiveness, additionally we can use self extracted-watermark technique to increase the security and automate the process of watermark image. The proposed algorithm provides protection in three stages. We have implemented the ...

  17. The Necessity to collectivize copyright - and dangers thereof

    DEFF Research Database (Denmark)

    Schovsbo, Jens Hemmingsen

    This article describes and discusses the effects of collective rights administration of (individual) copyright. It points out that collectivization is driven either by en economic argument relating to the reduction of transaction costs or a cultural one relating to the protection of authors....... It then claims that collectivization has the potential to affect copyright as it is perceived in the Berne Convention and in traditional copyright legislation fundamentally. The effects include a basic shift in copyright from a system based on property rules to a system based also on liability rules. The article...... then discusses how to best deal with these effects. It recommends that action is considered to identify and possibly remove internal barriers to beneficial collectivization, regulate societies effectively to secure innovation-interest, and  to protect the interests of authors more effectively....

  18. Islamic Law

    Directory of Open Access Journals (Sweden)

    Doranda Maracineanu

    2009-06-01

    Full Text Available The law system of a State represents the body of rules passed or recognized by that State inorder to regulate the social relationships, rules that must be freely obeyed by their recipients, otherwisethe State intervening with its coercive power. Throughout the development of the society, pedants havebeen particularly interested in the issue of law systems, each supporting various classifications; theclassification that has remained is the one distinguishing between the Anglo-Saxon, the Roman-German,the religious and respectively the communist law systems. The third main international law system is theMuslim one, founded on the Muslim religion – the Islam. The Islam promotes the idea that Allah createdthe law and therefore it must be preserved and observed as such. Etymologically, the Arabian word“Islam” means “to be wanted, to obey” implying the fact that this law system promotes total andunconditioned submission to Allah. The Islamic law is not built on somebody of laws or leading cases,but has as source. The Islam is meant as a universal religion, the Koran promoting the idea of the unityof mankind; thus, one of the precepts in the Koran asserts that “all men are equal (…, there is nodifference between a white man and a black man, between one who is Arabian and one who is not,except for the measure in which they fear God.” The Koran is founded mainly on the Talmud, Hebrewsource of inspiration, and only on very few Christian sources. The Islam does not forward ideas whichcannot be materialized; on the contrary its ideas are purely practical, easy to be observed by the commonman, ideas subordinated to the principle of monotheism. The uncertainties and gaps of the Koran, whichhave been felt along the years, imposed the need for another set of rules, meant to supplement it – that isSunna. Sunna represents a body of laws and, consequently, the second source of the Koran. Sunnanarrates the life of the prophet Mohamed, the model to

  19. Copyright Detection System for Videos Using TIRI-DCT Algorithm

    Directory of Open Access Journals (Sweden)

    S. Nirmal

    2012-12-01

    Full Text Available The copyright detection system is used to detect whether a video is copyrighted or not by extracting the features or fingerprints of a video and matching them with fingerprints other videos. The system is mainly used for copyright applications of multimedia content. The copyright detection system depends on an algorithm to extract fingerprints which is the TIRI-DCT Algorithm of a video followed by an approximate search algorithm which is the Inverted File Based Similarity Search. To find whether a video is copyrighted or not, the query video is taken and the feature values of the video are extracted using the fingerprint extraction algorithm, it extracts feature values from special images called frames constructed from the video. Each frame represents a part or a segment of the video and contains both temporal and spatial information of the video segment. These images are called Temporally Informative Representative Images (TIRI. The fingerprints of all the videos in the database are extracted and stored in advance. The approximate search algorithm searches the fingerprints which is stored in the database and produces the closest matches to the fingerprint of the query video and based on the match the query video is found whether it is a copyrighted video or not.

  20. International Space Law

    Directory of Open Access Journals (Sweden)

    M. Lits

    2017-01-01

    Full Text Available It is well known that the modern day technologies that drive our global society are highly dependent on the use of outer space. For example, daily activities such as sending emails, making phone calls and carrying out bank transactions cannot be done unless satellite technologies are involved. When you catch a plane, the air traffic control is dependent on GPS. Even natural disaster management is dependent on satellite imaging. Taking into account the importance of this, it becomes increasingly necessary to be knowledgeable in the field of international law as it is the only sphere of law that reaches beyond the physical boundaries of the Earth, goes deep into space and provides protection for today’s society. With new steps being taken to exploit further the potentials of outer space, and with increasing talk of new space missions and new discoveries, current international space law is being placed under scrutiny, for it should be remembered that the major international legal documents in this field were adopted in the middle of the 20th century, and thus there are fears that the law may have become obsolete, irrelevant in the face of new challenges in the use of outer space. This paper delivers an analysis of existing international space law and attempts to raise several crucial issues pertinent in the area.

  1. Law enforcement attitudes toward overdose prevention and response.

    Science.gov (United States)

    Green, Traci C; Zaller, Nickolas; Palacios, Wilson R; Bowman, Sarah E; Ray, Madeline; Heimer, Robert; Case, Patricia

    2013-12-01

    Law enforcement is often the first to respond to medical emergencies in the community, including overdose. Due to the nature of their job, officers have also witnessed first-hand the changing demographic of drug users and devastating effects on their community associated with the epidemic of nonmedical prescription opioid use in the United States. Despite this seminal role, little data exist on law enforcement attitudes toward overdose prevention and response. We conducted key informant interviews as part of a 12-week Rapid Assessment and Response (RAR) process that aimed to better understand and prevent nonmedical prescription opioid use and overdose deaths in locations in Connecticut and Rhode Island experiencing overdose "outbreaks." Interviews with 13 law enforcement officials across three study sites were analyzed to uncover themes on overdose prevention and naloxone. Findings indicated support for law enforcement involvement in overdose prevention. Hesitancy around naloxone administration by laypersons was evident. Interview themes highlighted officers' feelings of futility and frustration with their current overdose response options, the lack of accessible local drug treatment, the cycle of addiction, and the pervasiveness of easily accessible prescription opioid medications in their communities. Overdose prevention and response, which for some officers included law enforcement-administered naloxone, were viewed as components of community policing and good police-community relations. Emerging trends, such as existing law enforcement medical interventions and Good Samaritan Laws, suggest the need for broader law enforcement engagement around this pressing public health crisis, even in suburban and small town locations, to promote public safety. Copyright © 2013 Elsevier Ireland Ltd. All rights reserved.

  2. Daddy’s Car: Artificial Intelligence as a Creative Tool for Copyright

    Directory of Open Access Journals (Sweden)

    Jaime Alberto Díaz Limón

    2016-12-01

    Full Text Available This year on September 19th, Sony CSL, a software developer company, announced to the world, the creation of the first musical work whose ownership belongs to Artificial Intelligence. This paper analyzes the legal consequences of such a statement, and it’s conceptual and legal limits within the Copyright Universe (with fundament on International Treaties; in order to assess whether we are in presence of new legal-authorial figure that invite us to think over the subjects of protection in our laws or whether the applicable normativity may resolve these hypotheses in favor Artificial Intelligence, instead of juridical persons.

  3. 37 CFR 201.33 - Procedures for filing Notices of Intent to Enforce a restored copyright under the Uruguay Round...

    Science.gov (United States)

    2010-07-01

    ... Trade Agreement Implementation Act of December 8, 1993, Public Law No. 103-182. (2) Reliance party means... in the Notice of Intent to Enforce is available online in the Copyright Office History Documents (COHD) file through the Library of Congress electronic information system LC MARVEL through the...

  4. Beyond Oil on Canvas: New Media and Presentation Formats Challenge International Copyright Law’s Ability to Protect the Interests of the Contemporary Artist

    Directory of Open Access Journals (Sweden)

    Molly Ann Torsen

    2006-03-01

    Full Text Available Current copyright laws in all jurisdictions are lacking explicit provisions for protecting many types of contemporary art. It remains unclear to what extent ideas should be copyrightable as art, if at all; or whether an artwork’s commercial nature provides a decisive factor regarding appropriation. Certain situations seem plainly inappropriate, such as artists needing to seek legal counsel in conjunction with creating their artwork: inappropriate in its financial extravagance and in its inevitable curb on creativity. As such, it is incumbent upon courts and legislatures to analyze the issue and to provide guidance. It is the author’s finding that strong moral rights and a vibrant public domain are not necessarily at odds with each other, especially when parties are open to communication. Laws operate to provide structure when parties do not make other arrangements amongst themselves; contracts between artists and galleries, artists and publishers, even artists and other artists may provide the highest degree of satisfaction for specific parties to a specific situation. Not surprisingly, parties with legal or business interests in art and parties with artistic interests in art would communicate better if they understood each other’s situations. Hopefully the issues will continue to be the focus of some thought on all platforms such that informed legal decisions can be made and artists can pursue and protect their creative productions, no matter their format.

  5. The Canadian University Copyright Specialist: A Cross-Canada Selfie

    Directory of Open Access Journals (Sweden)

    Erin Patterson

    2017-02-01

    Full Text Available This article discusses the results of a 2015 study of Canadian university copyright officers, which were presented at the ABC Copyright Conference in Halifax in May 2016. The study’s primary aim was to generate a snapshot of this emerging profession. Who are the people occupying copyright positions at Canadian universities? What do they call themselves? What is their academic background? What kind of copyright education and training do they have? Where do they fit into the structure of the organization? The study’s secondary aim was to probe the intersection of copyright and academic freedom: not the academic freedom of faculty members in creating and using copyright-protected works, but the academic freedom of the copyright officer in interpreting copyright, providing copyright information, teaching and writing about copyright, and engaging in advocacy efforts. The results indicate that the typical Canadian university copyright officer holds an MLS degree or equivalent but has no formal copyright or legal education; works exclusively as a copyright officer within the library system; and is very new to copyright work. Just under half of the copyright officers surveyed have academic freedom, and of those, almost none have considered the implications of this for their copyright work. The author argues that the position of university copyright officer should have faculty status so that the copyright officer can exercise academic freedom as they negotiate the changing and contentious copyright landscape. Cet article décrit les résultats d’une enquête menée en 2015 auprès des agents du droit d’auteur dans les universités canadiennes. Ces résultats ont d’abord été présentés lors du congrès ABC Copyright qui a eu lieu en mai 2016 à Halifax. Cette enquête avait comme objectif principal de fournir un portrait de la situation actuelle de cette profession émergente. Qui sont les personnes qui occupent des postes en droit d

  6. Fair use versus fair return: copyright legislation and its consequences.

    Science.gov (United States)

    Horowitz, I L; Curtis, M E

    1984-03-01

    The purpose of this article is to examine the ramifications of legislative recognition of the concept of fair use in the Copyright Act of 1976. The fair use concept, while of small consequence in its normative origins, has turned out to be the foundation of the most perplexing and divisive issues in the new legislative guidelines governing copyright. Legislative recognition of the concept of fair use, coupled with enormous growth of a new technology--extending from xerography to on-line database systems--creates de facto exemptions to both the intent and content of new copyright guidelines. The issue is not one of limiting use or suppressing information, but of mechanisms for safeguarding the rights of copyright holders, be they authors or publishers, and insuring the free flow of information by providing a proper return on both intellectual creativity and capital expenditures. The authors argue that the elimination, or at least curtailment of fair use doctrine, coupled with an increase in technological approaches to reporting of secondary use of copyrighted material, will benefit all sections of the knowledge industry. Authors will receive proper royalties on use; publishers will be able to sell more books and journals at lower prices; and librarians will be liberated from extensive chores such as monitoring usage or determining fee schedules and transferences. The issue is one of fair return--an issue obscured and ultimately subverted by fair use.

  7. A Relationship between Lotka's Law, Bradford's Law, and Zipf's Law.

    Science.gov (United States)

    Chen, Ye-Sho; Leimkuhler, Ferdinand F.

    1986-01-01

    A common functional relationship among Lotka's law, Bradford's law, and Zipf's law is derived. The proof takes explicit account of the sequences of observed values of the variables by means of an index. This approach results in a more realistic and precise formulation of each law. (Author/EM)

  8. A 'Sound' Policy? The RIAA and The Copyright Act

    Directory of Open Access Journals (Sweden)

    Chadwick Schnee

    2009-04-01

    Full Text Available  The Recording Industry of America (RIAA has made headlines1 and garnered a fair amount of criticism in recent years, both for the first jury trial against an individual copyright infringer2 and for its litigation tactics.3 In the midst of the RIAA‘s aggressive litigation, issues related to proof have come to the forefront, particularly regarding the use of Internet Protocol (IP addresses4 to determine the identity of alleged copyright infringers.5 Additionally, the RIAA and other organizations have sought to hold individuals owning unsecured wireless routers6 liable for any illegal file-sharing that takes place through the individual‘s router.7 The RIAA, in their vigilant defense of copyrighted material, has gone too far and legislative action is needed to provide protection for unwary consumers from the aggressive tactics of the RIAA.

  9. Copyright and Industrial Design, How a Line Should be Drawn? Works of Applied Arts, its Protection in Colombia

    Directory of Open Access Journals (Sweden)

    David Felipe Álvarez Amézquita

    2015-07-01

    Full Text Available As works of applied arts have been situated normally at the grey area between copyright and industrial property, this article discusses three different approaches about how they should be protected. It particularly focuses on the case of industrial designs which might be considered as copyrighted works. Subject to the fulfilment of copyright criterions and particularly the requisites for works of art and for the work of applied arts, the article proposes that Colombian and Andean Communitarian Law should embrace the partial accumulation system of protection for such creations.

  10. The Reform of the Copyright System of the European Union. Status quaestionis

    Directory of Open Access Journals (Sweden)

    Aurelio López-Tarruella Martínez

    2016-12-01

    Full Text Available The objective of this paper is to explain the process to amend the copyright system that has been initiated by the European Union with the purpose of creating a Digital Single Market. The mechanisms that the European Commission proposes to achieve this objective are exclusive of an economic integration organization such as the European Union. They include the binomial country of origin-mutual recognition principles, the mechanisms to fight against the fragmentation of the Internal Market and the proposal to increase the harmonization in the Member States copyright legislations. Through the text, a review of the recent case law of the Court of Justice of European Union is also provided.

  11. Does China Need an Animal Protection Law?

    Institute of Scientific and Technical Information of China (English)

    2009-01-01

    On September 18,a number of Chinese law experts announced that they had drafted an animal protection act. China currently lacks a comprehensive basic law on animal protection. The underdeveloped legal system is thus unable to put all animals under effective protection. Thus,scholars suggested drafting China’s first law on the protection of

  12. Investigating Copyright Terminology and Collocations in Polish, English, Japanese and German

    Directory of Open Access Journals (Sweden)

    Trzaskawka Paula

    2017-03-01

    Full Text Available The article deals with the comparison of key terminology in the field of copyright in the Polish, English, Japanese and German languages. The research material consists of copyright acts binding in Poland, Great Britain, the United States of America, Japan and Germany. The terminology has been compared in order to reveal similarities and differences in the meaning. Firstly, statutory terms from the Polish, English (British and American, German and Japanese acts will be presented and discussed. Also, a list of functional equivalents (Polish, English, German and Japanese will be presented. The task was to search for functional equivalents, and if there is partial equivalence or no equivalence, an equivalent was provided according to techniques of providing equivalents for non-equivalent terms (c.f. Kłos, Matulewska, Nowak-Korcz 2007. They were made in such a way that equivalents will correspond with the reality of the laws in the above mentioned languages. The terms have been extracted with the usage of AntConc (corpus linguistics software. The method of analysis of comparable texts has been applied as well as the one based on three categories of equivalence by Šarčević (1997: “near equivalence”, “partial equivalence” and “non-equivalence”. Special attention has been paid to system-bound terminology existing in those five legal systems. To sum up, it should be borne in mind that the copyright law has been unified almost world-wide. As a result many countries have adopted similar or almost identical principles in this respect. Therefore, there is a significant convergence of meanings of analysed copyright terms with only slight differences resulting from deeply ingrained local and national legal traditions.

  13. Public health law research: exploring law in public health systems.

    Science.gov (United States)

    Ibrahim, Jennifer K; Burris, Scott; Hays, Scott

    2012-11-01

    The importance of law in the organization and operation of public health systems has long been a matter of interest to public health lawyers and practitioners, but empirical research on law as a factor in health system performance has been limited in quantity and sophistication. The emergence of Public Health Law Research and Public Health Systems and Services Research within a coordinated effort to strengthen public health research and practice has dramatically changed matters. This article introduces Public Health Law Research as an integral part of Public Health Systems and Services Research, discusses the challenges of integrating the 2 fields, and highlights 2 examples of current research that demonstrate the benefits of an integrated approach to improve the use of law in public health practice.

  14. 对数字作品著作权保护的思考%Thoughts on the Protection of the Copyright of Digital Works

    Institute of Scientific and Technical Information of China (English)

    汤珊红

    2001-01-01

    The emergence of digital works has brought new problems to the existing intellectual property system.As the traditional copyright law system lags behind the rapid development of network economy,the copyright systems in many countries are being improved,so are the relevant international pacts.This paper mainly discusses the digitalization right of traditional works,the copyright and copyright ownership of digital works,the copyright processing in the development of digital works and the countermeasures for the copyright protection in the network environment.

  15. 37 CFR 202.3 - Registration of copyright.

    Science.gov (United States)

    2010-07-01

    ... materials and appropriate filing fee in check, money order, or Copyright Office deposit account charge; or... under paragraphs (b)(4) through (b)(10) of this section, the “year in which creation of this work was completed”, as called for by the application, means the latest year in which the creation of any...

  16. 77 FR 59339 - Patents, Data, and Copyrights; CFR Correction

    Science.gov (United States)

    2012-09-27

    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Part 227 Patents, Data, and Copyrights; CFR Correction In Title 48 of the Code of Federal Regulations, Chapter 2 (Parts 201--299), revised as of October 1,...

  17. 75 FR 38543 - Patent, Trademark and Copyright Acts

    Science.gov (United States)

    2010-07-02

    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF THE INTERIOR Geological Survey Patent, Trademark and Copyright Acts AGENCY: Geological Survey, Interior. ACTION: Notice of..., Bridgeville, PA 15017 on U.S. Patent No. 6,485,696 B1, entitled ``Recovery/Removal of Metallic Elements...

  18. The Bookshelf: Digitisation and Access to Copyright Items in Norway

    Science.gov (United States)

    Skarstein, Vigdis Moe

    2010-01-01

    Purpose: The purpose of this paper is to provide an overview of the challenges faced in digitising copyright-protected books and other materials within the National Library of Norway. Design/methodology/approach: Following a description of Bokhylla, or The Bookshelf, the paper outlines the strategies adopted within the National Library of Norway…

  19. Religiosity and Music Copyright Theft among Canadian Baptist Youth

    Science.gov (United States)

    Fawcett, Bruce G.; Francis, Leslie J.; Henderson, Amanda J.; Robbins, Mandy; Linkletter, Jody

    2013-01-01

    This study examines the views of 706 Canadian Baptist youth (between the ages of 14 and 18 years) on the moral issue of music copyright theft, and explores the influence on these views of age, sex, Sunday church attendance, personal prayer, personal Bible reading, and conservative Bible believing. The participants were attending Springforth 2005…

  20. The Necessity to collectivize copyright - and dangers thereof

    DEFF Research Database (Denmark)

    Schovsbo, Jens Hemmingsen

    This article describes and discusses the effects of collective rights administration of (individual) copyright. It points out that collectivization is driven either by en economic argument relating to the reduction of transaction costs or a cultural one relating to the protection of authors. It t...

  1. Codes of conduct and copyright enforcement in Cyberspace

    NARCIS (Netherlands)

    Hugenholtz, P.B.; Stamatoudi, I.A.

    2010-01-01

    This chapter critically examines the rise of codes of conduct that deal with copyright enforcement. Its focus will be on codes binding ISPs and other online intermediaries offering similar services, such as providers of user-generated content (UGC) platforms. While solutions in the United States and

  2. Empirical evidence for policy in telecommunication, copyright & broadcasting

    NARCIS (Netherlands)

    Poort, J.P.

    2015-01-01

    This dissertation contains nine articles with an empirical focus in copyright, telecommunication, and broadcasting. These articles address different research questions and employ a variety of methodological approaches. They all share an economic foundation and the aim to contribute to evidence based

  3. Copyrights and Conversations: Intellectual Property in the Classroom.

    Science.gov (United States)

    Walker, Janice R.

    1998-01-01

    Argues that, by approaching conventions of citation and prohibitions against plagiarism in the classroom from the perspective of copyright issues, students can come to a greater understanding of the nature of scholarship. Makes recommendations for teaching students about the issues involved, and suggests ways that authors, teachers, and…

  4. Copyright Policy and Practice in Electronic Reserves among ARL Libraries

    Science.gov (United States)

    Hansen, David R.; Cross, William M.; Edwards, Phillip M.

    2013-01-01

    This paper presents the results of a survey of 110 ARL institutions regarding their copyright policies for providing electronic reserves. It compiles descriptive statistics on library practice as well as coding responses to reveal trends and shared practices. Finally, it presents conclusions about policy making, decision making and risk aversion…

  5. Copyright Protection for Modifiable Digital Content Based on Distributed Environment

    Science.gov (United States)

    Park, Heejae; Kim, Jong

    Today, users themselves are becoming subjects of content creation. The fact that blog, wiki, and UCC have become very popular shows that users want to participate to create and modify digital content. Users who participate in composing content also want to have their copyrights on their modification parts. Thus, a copyright protection system for the content which can be modified by multiple users is required. However, the conventional DRM (Digital Rights Management) systems like OMA DRM are not suitable for the modifiable content because they do not support the content created and modified by different users. Therefore in this paper, we propose a new copyright protection system which allows each modifier of the content created and modified by multiple users to have one's own copyright. We propose data formats and protocols, and analyze the proposed system in terms of the correctness and security. Performance evaluation in the view of response time shows that the proposed system is 2 to 18 times shorter than other comparative schemes.

  6. Reclaiming Fair Use: How to Put Balance Back in Copyright

    Science.gov (United States)

    Aufderheide, Patricia; Jaszi, Peter

    2011-01-01

    In the increasingly complex and combative arena of copyright in the digital age, record companies sue college students over peer-to-peer music sharing, YouTube removes home movies because of a song playing in the background, and filmmakers are denied a distribution deal when some permissions "i" proves undottable. Patricia Aufderheide and Peter…

  7. European intermediary liability in copyright: A tort-based analysis

    NARCIS (Netherlands)

    Angelopoulos, C.J.

    2016-01-01

    With the adoption and subsequent national implementation of the E-Commerce Directive’s safe harbour regime, the architecture set up in Europe for the civil liability of internet intermediaries for the copyright infringements of others has become two-tiered: at a first stage, it is necessary to exami

  8. Filtering for Copyright Enforcement in Europe after the Sabam cases

    NARCIS (Netherlands)

    Kulk, S.; Zuiderveen Borgesius, F.

    2012-01-01

    Sabam, a Belgian collective rights management organisation, wanted an internet access provider and a social network site to install a filter system to enforce copyrights. In two recent judgments, the Court of Justice of the European Union decided that the social network site and the internet access

  9. Copyrights and Conversations: Intellectual Property in the Classroom.

    Science.gov (United States)

    Walker, Janice R.

    1998-01-01

    Argues that, by approaching conventions of citation and prohibitions against plagiarism in the classroom from the perspective of copyright issues, students can come to a greater understanding of the nature of scholarship. Makes recommendations for teaching students about the issues involved, and suggests ways that authors, teachers, and…

  10. Codes of conduct and copyright enforcement in Cyberspace

    NARCIS (Netherlands)

    Hugenholtz, P.B.; Stamatoudi, I.A.

    2010-01-01

    This chapter critically examines the rise of codes of conduct that deal with copyright enforcement. Its focus will be on codes binding ISPs and other online intermediaries offering similar services, such as providers of user-generated content (UGC) platforms. While solutions in the United States and

  11. Approaches to Copyright Education for Faculty in Canada

    Directory of Open Access Journals (Sweden)

    Jennifer Zerkee

    2017-02-01

    Full Text Available This study surveyed copyright administrators at Canadian universities about their methods of providing copyright training to faculty and non-faculty instructors, the frequency and topics of education provided, and the modes of communication used to reach instructors. Copyright administrators were also asked to rate the perceived effectiveness of their educational opportunities. Respondents feel that in-person education is most effective for providing copyright training to instructors, though a significant number of respondents do not believe that all instructors at their institutions are made adequately aware of copyright educational opportunities. Lack of time and staffing resources affect many copyright administrators. These challenges are leading many to develop more systematic approaches to reaching instructors. Communication and education are being provided directly to individual departments and by working with administrators and others at the department level. Considering the siloed nature of many copyright offices and positions, this study aims to share the approaches being taken by copyright administrators to educate instructors about their rights and responsibilities with regard to copyright and teaching. Introduction Cette étude a sondé des agents du droit d’auteur des universités canadiennes sur les méthodes utilisées pour offrir des formations à des professeurs et autres employés, la fréquence et les sujets abordés lors de ces formations ainsi que les moyens utilisés pour communiquer avec cette clientèle. Les agents du droit d’auteur ont également évalué l’efficacité perçue de leurs formations. Les répondants croient que la formation en personne est la façon la plus efficace de former les professeurs même si un nombre significatif de répondants croient que les professeurs à leur établissement ne soient pas suffisamment informés des possibilités d’enseignement portant sur le droit d’auteur. Le manque

  12. Technological measures for controlling the use of copyrighted works of authorship in the information society

    Directory of Open Access Journals (Sweden)

    Spasić Vidoje

    2016-01-01

    Full Text Available Information technology has given rise to the problem of controlling the use of copyrighted works of authorship from their unauthorized use. In this context, one of the effective solutions is the application of technological protection measures, which are aimed at a more efficient application of the protection measures prescribed by the law. Technological protection measures imply the use of any technology, device or component which may be aimed at preventing or restricting an unauthorized use of a protected work of authorship, which has not been approved by the author or holder of some related right. Generally, all these measures may be classified into three basic groups: technological measures aimed at controlling access, technological measured aimed at controlling exploitation, and technological measures aimed at protecting the integrity of the work of authorship. Considering their technical characteristics and mode of application, they may be hardware-based measures, software-based measures, or a combination thereof. Modern technology has enabled the development of digital systems which entail a controlled use of copyrighted works and facilitate obtaining licences for their exploitation. They are commonly known as digital rights management (DRM. The DRM system should provide for a compromise between safeguarding the intellectual property rights of the copyright holder, the end user privacy, and system costs. The envisaged goals are achieved by employing various cryptographic measures. The process of developing technological protection measures is accompanied by concurrent attempts to circumvent the application of these measures. Thus, the effectiveness of these measures primarily depends on their legal protection, which has been recognized by a vast majority of legal systems, we now know the most modern legal system. However, the normative solutions are not uniform. The observed differences actually reflect problems in finding adequate forms

  13. Administrative Law: The Hidden Comparative Law Course.

    Science.gov (United States)

    Strauss, Peter L.

    1996-01-01

    Argues that the main contribution of the Administrative Law course to law students is that it presents problems which contrast with those of the standard court-centered curriculum and can illuminate other areas of law, repeatedly confronting students with doctrinal differences. Offers several examples from civil procedure, constitutional law, and…

  14. Transparent System for Digital Media Copyright Protection in Mobile Business

    Institute of Scientific and Technical Information of China (English)

    YANG Cheng; ZHANG Lihe; WANG Yongbin; LIU Jianbo

    2006-01-01

    At present, in mobile business, the secure environment in the terminal of users has not been embedded, many cryptology-based methods can not be directly used to protect the copyright of digital media. Under this situation, a transparent system based on watermark for digital right management and digital copyright protection is proposed in this paper. The transparent system is called WDRM (watermark-based digital rights management) and transparent to users. Its core is WDRM Agent. In this paper, system inner model and procession are designed in detail at first, including the registration, the downloading, the super distribution, and the cooperation. Because the watermark embedding and the extraction algorithms are the kernel in this architecture, we also discuss how to choose and design the algorithms. Then we establish a package for all algorithms in WDRM Agent.

  15. Culture and Copyright, Coexisting: Preserving Culture in a Digital World

    OpenAIRE

    McMichael, Jonathan

    2008-01-01

    From music to literature to film, an increasing amount of culturally significant information is being published in digital formats. Vendors like the iTunes Store or Audible are already specializing in digital-only information. With copyrights restricting libraries’ usage and thus collection of digital material, there exists the potential of culturally relevant information (i.e. songs, works of fiction, visual content) to remain under-archived by libraries globally. The...

  16. Copyright, Patent, and Trade Secret Protection of Software

    Science.gov (United States)

    1986-06-01

    claim passes muster under section 101. However, if theI mathemacical algocithm is merely presented and solved by the claimed invencion , as was the case in...case of copyright infringement or ma- merits. See Midway Mfg. Co. v. Bandai- sonable likelihood of success on the merits America , Inc., 546 F.Supp. 125...in Mackay Radio & Telegraph Co. v. Radio Corp. of America , 306 U. S. 86, the applicant sought a patent on a directional antenna system in which the

  17. Copyright in the Age of Photocopiers, Word Processors, and the Internet

    Science.gov (United States)

    Shaw, Marjorie Hodges; Shaw, Brian B.

    2003-01-01

    Widespread digital infringement of the copyrighted material now has made security firms, night-vision goggles, and metal detectors common in movie previews. The current national controversy over peer-to-peer file sharing of music highlights the difficult questions facing colleges and universities as they grapple with dramatic technological…

  18. Analysis on Current Laws and Regulations of Medical Device Clinical Trial in China%对我国现阶段医疗器械临床试验法规热点的解读

    Institute of Scientific and Technical Information of China (English)

    王悦; 李天萍; 梁宁霞

    2014-01-01

    A series of laws and regulations are the essential legal requirement in the field of clinical trial of medical device currently in China, especial y the Provision for Clinical Trial of Medical Device. On the basis of current situation of medical device clinical trial, systemic analysis on the hot spot topics in the regulations was conducted to explore the way of improving the control system of clinical trial of medical device in China, which wil provide the reference for medical device industry and the investigators of the clinical trial of medical device.%《医疗器械临床试验规定》等一系列法规是目前我国进行医疗器械临床试验的主要法律依据。该文基于我国医疗器械临床研究的现状,对这些法规中若干热点问题加以解读和剖析,旨在探索完善我国医疗器械临床试验监管体系的途径,为医疗器械业内人士及医疗器械临床试验的研究者和管理者提供参考。

  19. International Criminal Law & Its Paradoxes

    DEFF Research Database (Denmark)

    Carlson, Kerstin Bree

    2017-01-01

    This article challenges international criminal tribunals' (ICTs) capacity to perform the socially constitutive work of transitional justice. Highlighting paradigmatic ICT jurisprudence, it shows both the "progress" and "justice" constructs central to the work and legitimacy of international crimi...... criminal law are unrealizable under current ICT practice. This is due to international criminal law's foundational, legitimizing basis in natural law, rather than political liberalism. The article calls for a revision of ICT institutional accountability structures.......This article challenges international criminal tribunals' (ICTs) capacity to perform the socially constitutive work of transitional justice. Highlighting paradigmatic ICT jurisprudence, it shows both the "progress" and "justice" constructs central to the work and legitimacy of international...

  20. Serving Undocumented Students: Current Law and Policy

    Science.gov (United States)

    Gildersleeve, Ryan Evely; Rumann, Corey; Mondragon, Rodolfo

    2010-01-01

    Families migrate to the United States for opportunity. Whether they leave extreme poverty or violence or reunite with relatives who made the move before them, immigrants seek opportunity. Sometimes circumstances force families to make tough decisions. Sometimes circumstances and tough decisions manifest in families entering the United States…

  1. Constitutive laws for the neutron density current

    Energy Technology Data Exchange (ETDEWEB)

    Espinosa-Paredes, Gilberto [Area de Ingenieria en Recursos Energeticos, Universidad Autonoma Metropolitana-Iztapalapa, Av. San Rafael Atlixco 186 Col. Vicentina, Mexico, D.F., 09340 (Mexico)], E-mail: gepe@xanum.uam.mx; Morales-Sandoval, Jaime B. [Laboratorio de Analisis en Ingenieria de Reactores Nucleares, Universidad Nacional Autonoma de Mexico, Paseo Cuauhnahuac 8532, 62550 Jiutepec, Mor. (Mexico); Vazquez-Rodriguez, Rodolfo [Area de Ingenieria en Recursos Energeticos, Universidad Autonoma Metropolitana-Iztapalapa, Av. San Rafael Atlixco 186 Col. Vicentina, Mexico, D.F., 09340 (Mexico); Espinosa-Martinez, Erick-G. [Retorno Quebec 6, Col. Burgos de Cuernavaca 62580, Temixco, Mor. (Mexico)

    2008-10-15

    In this technical note, a fractional wave equation for the average neutron motion in nuclear reactor is considered. This representation covers the full spectrum of the average neutron transport behavior, i.e., Fickian and non-Fickian effects. The fractional diffusion model retains the main dynamic characteristics of the neutron motion in which the relaxation time associated with a rapid variation in the neutron flux contains a fractional exponent that can be manipulated to obtain the best representation of the neutron transport phenomena. The detrended fluctuation analysis (DFA) method is presented in this paper to estimate the fractional exponent.

  2. Last Tribute to Professor Zheng Chengsi, Renowned IP Law Scholar

    Institute of Scientific and Technical Information of China (English)

    2006-01-01

    On 10 September 2006, Professor Zheng Chengsi, the renowned Chinese IP law scholar, Chairman of the IP Law Society of the China Law Society, Vice-President of the Copyright Society of China, and member of the Chinese Academy of Social Sciences, passed away in Beijing at the age of 62.

  3. Online Copyright Enforcement, Consumer Behavior and Market Structure

    DEFF Research Database (Denmark)

    Aguiar, Luis; Claussen, Jörg; Peukert, Christian

    find that the shutdown led to significant but short-lived declines in piracy levels. The streaming piracy market quickly recovered due to the existence of alternative unlicensed platforms, leading to limited substitution into licensed consumption. The fact that the post-shutdown market structure......Taking down copyright-infringing websites is a way to reduce consumption of pirated media content and increase licensed consumption. We analyze the consequences of the shutdown of the most popular German video streaming website - kino.to - in June 2011. Using individual-level clickstream data, we...

  4. Semi-Fragile Watermarking for Copyright Protection and Image Authentication

    Institute of Scientific and Technical Information of China (English)

    HUANG Ji-feng

    2005-01-01

    In this paper, we propose a semi-fragile watermarking technology for copyright protection and image authentication. We transform the image into wavelet domain and group the four adjacent wavelet coefficients. Utilizing the characteristics of the human visual system, we embed a digital signal into the average of the four adjacent wavelet coefficients since the mean has better stability than single wavelet coefficient. This method needn't original image when extracts the watermark. Experimental results show the effectiveness of this method which is robust to common image process and fragile to malicious attack.

  5. Conflict-of-interest, copyright and other declarations.

    Science.gov (United States)

    Peh, W C; Ng, K H

    2010-11-01

    Declarations of exclusive publication, author contribution, conflict-of-interest and copyright transfer are important formalities required by most biomedical journals. Conflict-of-interest may be personal, commercial, political, academic or financial. It is particularly important for authors to provide a full and complete disclosure of any financial relationship with a commercial organisation that may have an interest in the contents of the submitted manuscript. Editors, editorial board members and reviewers should also declare any possible conflicts-of-interest. The handling of conflict-of-interest during manuscript preparation, peer review and editorial decision making impacts the credibility of published articles and scientific research in general.

  6. Online Copyright Enforcement, Consumer Behavior and Market Structure

    DEFF Research Database (Denmark)

    Aguiar, Luis; Claussen, Jörg; Peukert, Christian

    Taking down copyright-infringing websites is a way to reduce consumption of pirated media content and increase licensed consumption. We analyze the consequences of the shutdown of the most popular German video streaming website - kino.to - in June 2011. Using individual-level clickstream data, we...... find that the shutdown led to significant but short-lived declines in piracy levels. The streaming piracy market quickly recovered due to the existence of alternative unlicensed platforms, leading to limited substitution into licensed consumption. The fact that the post-shutdown market structure...

  7. Online Copyright Enforcement, Consumer Behavior, and Market Structure

    DEFF Research Database (Denmark)

    Aguiar, Luis; Claussen, Jörg; Peukert, Christian

    Taking down copyright-infringing websites is a way to reduce consumption of pirated media content and increase licensed consumption. We analyze the consequences of the shutdown of the most popular German video streaming website - kino.to - in June 2011. Using individual-level clickstream data, we...... find that the shutdown led to significant but short-lived declines in piracy levels. The streaming piracy market quickly recovered due to the existence of alternative unlicensed platforms, leading to limited substitution into licensed consumption. The fact that the post-shutdown market structure...

  8. 转基因主粮商业化对现行法律的挑战与对策分析%Challenges of Commercialization of Genetically Modified Staple Foods to Current Laws and Suggestions

    Institute of Scientific and Technical Information of China (English)

    付文佚

    2014-01-01

    The commercialization of genetically modified (GM)staple foods is a critical issue concerning the national economy and people’s livelihood.Today debates are focusing on whether or not to commercialize GMsta-ple foods,and seldom on the huge drawbacks of current law facing with commercialization.After a comprehen-sively analysis current rules on GM crops and foods,huge drawbacks are found in ideas,measures,procedures and remedies in legal system.Reasons for legislation dilemma are due to GMprocess,hard to distinction between GMand non GMproducts,also huge interests’conflicts exist in staple food.Before pushing commercialization of GMstaple foods,legislation must change,including guiding ideas and principles being modified,special law and new measures being regulated,with more information transparency and public engagement,increasing punishment and identifying the tort liability etc.In conclusion,current laws are not sufficient for the commercialization of GM staple foods.If decisions are rashly made,huge and irreversible damage may result.%转基因主粮的商业化是涉及国计民生的重大问题,舆论上对其是否商业化争论不休,少有研究涉及当前法律在商业化情形下存在的巨大不足。现行的转基因法律、法规和规章在法律理念、法律制度、法律程序和法律救济方面等存在诸多问题。转基因作为生产过程,在区分困难的客观特性和主粮问题上根本利益的严重冲突导致转基因立法的举步维艰。转基因主粮商业化决策之前,必须先进行法律的整体更新和完善,包括转变立法理念,确定法律原则,通过专门立法、革新法律制度,完善信息公开、增加公众参与,加重违法成本、明确侵权责任等。总之,我国目前现尚不具备转基因主粮商业化的法律环境,贸然推行商业化,将带来严重危害后果。

  9. 2016 Copyright © 2016, CRISA Publications ASSeSSing ...

    African Journals Online (AJOL)

    sectional study, the Substance Use Risk Profile Scale (SURPS) was applied to measure these traits and ... sive behaviors to cope with interpersonal conflicts ... primary motivation. The current ... Scale. (SURPS) was used to evaluate the four.

  10. A view of the evolving DOE software copyright policy

    Energy Technology Data Exchange (ETDEWEB)

    Butler, M.K.

    1989-01-01

    In May of 1988, the US Department of Energy (DOE) announced a change in its policy with respect to the copyrighting of computer software by its Management and Operating (M and O) contractors. The intent of this revision is to allow the contractors to secure copyrights for all scientific and technical software funded by the Department except in those cases where such action (1) would be detrimental to national security, (2) would not enhance the appropriate transfer or commercialization of the software, (3) would have a negative impact on US industrial competitiveness, or (4) would prevent DOE from meeting its obligations under international treaties and agreements. Classified computer software and that developed with Naval Reactors funding are specifically excluded from the new policy. This paper will discuss foreseeable changes to, and the potential impacts on, the National Energy Software Center (NESC) program and the role the Center will play in implementation of the policy. The NESC was established almost thirty years ago as the Argonne Code Center, a cooperative undertaking to encourage the sharing of reactor design and engineering codes among Atomic Energy Commission contractors and the transfer of AEC computing technology to industry. A brief history of the Center and a description of its present operation will be provided as background for the author's perspective. 4 refs.

  11. Technological measures of protection in the copyright system

    Directory of Open Access Journals (Sweden)

    Radovanović Sanja

    2011-01-01

    Full Text Available Digital exploitation of works often exceed the limit to which the holder can control the exploitation of their intellectual creations, and the protection provided by legal norms are, in the era of a fast exchange of information, may prove to be insufficiently effective. For these reasons, the rights holders are increasingly opting for preventive care through placement of physical obstacles to the exploitation of copyright works, generic called technological protection measures (known as digital right management (DRM. Simultaneously with the development of the application of these measures flows the process of finding ways to circumvent them. Therefore, the effectiveness of technological measures depends on exactly the question of their legal protection, which now exists in most of modern legal systems. However, in the normative solutions there are differences, which reflect the problems in finding adequate forms of protection. They mostly stem from the fact that the sanctioning of circumvention (or preparatory actions of technological measures put into the question the purpose of copyright protection in general. Hence, in this paper we tried to point out the normative solutions accepted in modern legal systems and practical implications of what they have. Conclusion that arises is that the legal shaping of technological measures is not completed and that further technological developments open new dilemmas.

  12. Economic Analysis of Law

    OpenAIRE

    Louis Kaplow; Steven Shavell

    2005-01-01

    This entry for the forthcoming The New Palgrave Dictionary of Economics (Second Edition) surveys the economic analysis of five primary fields of law: property law; liability for accidents; contract law; litigation; and public enforcement and criminal law. It also briefly considers some criticisms of the economic analysis of law.

  13. Demonstrating the Gas Laws.

    Science.gov (United States)

    Holko, David A.

    1982-01-01

    Presents a complete computer program demonstrating the relationship between volume/pressure for Boyle's Law, volume/temperature for Charles' Law, and volume/moles of gas for Avagadro's Law. The programing reinforces students' application of gas laws and equates a simulated moving piston to theoretical values derived using the ideal gas law.…

  14. Robust image watermarking using DWT and SVD for copyright protection

    Science.gov (United States)

    Harjito, Bambang; Suryani, Esti

    2017-02-01

    The Objective of this paper is proposed a robust combined Discrete Wavelet Transform (DWT) and Singular Value Decomposition (SVD). The RGB image is called a cover medium, and watermark image is converted into gray scale. Then, they are transformed using DWT so that they can be split into several subbands, namely sub-band LL2, LH2, HL2. The watermark image embeds into the cover medium on sub-band LL2. This scheme aims to obtain the higher robustness level than the previous method which performs of SVD matrix factorization image for copyright protection. The experiment results show that the proposed method has robustness against several image processing attacks such as Gaussian, Poisson and Salt and Pepper Noise. In these attacks, noise has average Normalized Correlation (NC) values of 0.574863 0.889784, 0.889782 respectively. The watermark image can be detected and extracted.

  15. Copyright Protection of Color Video Using Digital Watermarking

    Directory of Open Access Journals (Sweden)

    Majid Masoumi

    2012-07-01

    Full Text Available A huge amount of digital multimedia data is broadcasting daily over the internet. Since digital data can be easily duplicated, intellectual property right protection techniques have become an important issue. In this study, a robust algorithm based on DWT for video copyright protection is proposed. Firstly, the RGB video is converted into YUV color component video, then, in order to make the watermark imperceptible, the luminance layer is only used to embed the watermark and the chrominance layer is left unchanged. In this algorithm, DWT is performed on both watermark image and video I-frames. Using a multiplicative hiding method, watermark image is embedded in its corresponding frequency coefficients of DWT in video I-frames. Based on experimental results the presented method maintains the high transparency of video stream meanwhile resist the watermark against a variety of attacks like: noisy attacks, filtering attacks, blurring attack and compression attacks.

  16. Copyright and personal use of CERN’s computing infrastructure

    CERN Multimedia

    IT Department

    2009-01-01

    (La version française sera en ligne prochainement)The rules covering the personal use of CERN’s computing infrastructure are defined in Operational Circular No. 5 and its Subsidiary Rules (see http://cern.ch/ComputingRules). All users of CERN’s computing infrastructure must comply with these rules, whether they access CERN’s computing facilities from within the Organization’s site or at another location. In particular, OC5 clause 17 requires that proprietary rights (the rights in software, music, video, etc.) must be respected. The user is liable for damages resulting from non-compliance. Recently, there have been several violations of OC5, where copyright material was discovered on public world-readable disk space. Please ensure that all material under your responsibility (in particular in files owned by your account) respects proprietary rights, including with respect to the restriction of access by third parties. CERN Security Team

  17. Robust watermarking on copyright protection of digital originals

    Energy Technology Data Exchange (ETDEWEB)

    Gu, C; Hu, X Y, E-mail: guchong527@gmail.co, E-mail: emma_huxy@yahoo.com.c [College of Packaging and Printing Engineering, Tianjin University of Science and Technology, Tianjin, 300222 (China)

    2010-06-01

    The issues about the difference between digital vector originals and raster originals were discussed. A new algorithm based on displacing vertices to realize the embedding and extracting of digital watermarking in vector data was proposed after that. The results showed that the watermark produced by the method is resistant against translation, scaling, rotation, additive random noise; it is also resistant, to some extent, against cropping. This paper also modified the DCT raster image watermarking algorithm, using a bitmap image as watermark embedded into target images, instead of some meaningless serial numbers or simple symbols. The embedding and extraction part of these two digital watermark systems achieved with software. Experiments proved that both algorithms are not only imperceptible, but also have strong resistance against the common attracts, which can prove the copyright more effectively.

  18. 用戶著作權侵權之網路服務業者責任 Internet Service Provider Liability for Subscriber Copyright Infrigement

    Directory of Open Access Journals (Sweden)

    蔡蕙芳 Hui-Fang Tsai

    2004-12-01

    Full Text Available 網路服務業者的責任可說是網路上最具爭議的問題。本文的目的在於從一般性原則上討論用戶涉及著作權侵權時,網路服務業者是否可能成立民事侵權與刑事犯罪責任。個案的深入討論並不在本文範圍內。本文首先介紹美國侵權法上網路服務業者責任,內容包括法院判決、學說見解與國會立法。其次,本文將從刑法理論來分析用戶成立直接正犯之同時,網路服務業者可能構成共同正犯、正犯後正犯或共犯。此外,也將分別檢討正犯與共犯之成立要件。最後,本文將檢討我國法上相關法律如何適用以解決網路服務 業者責任,並提出增訂網路服務業者責任規定之建議。 The liability of internet service provider (ISP is perhaps the most controversial legal issue to emerge from cyberspace. The purpose of this paper is to explore the general principles as to whether there should be civil and criminal liability for ISP concerning subscriber copyright infringement. An in-depth treatment of case study is beyond the scope of this paper. The first section provides an overview of the doctrine of ISP copyright infringement liability in America, followed by the introduction of judicial decisions, opinions of scholars and new legislation. Focusing on criminal liability that could be imposed upon ISP for copyright infringement initiated by subscribers, the second section seeks to illustrate the observation that the individuals who post copyright infringement materials act as principals in the first degree, and ISP would qualify as an accomplice, principal in the second degree, or accessory to the crimes. Furthermore, this section discusses in turn the qualifications for the perpetrators and accomplices. Finally, the third section reviews the current Taiwan tort and criminal law and its application to ISP and concludes that the Taiwan copyright law should make specific provision for

  19. The Importance of Traditional Labor Law in the Legal Curriculum.

    Science.gov (United States)

    McLeod, Wilson

    1993-01-01

    It is proposed that traditional labor law retain its current place in the legal curriculum, despite its limited applicability, but with emphasis on its theoretical importance rather than its technicalities. Traditional labor law is found to provide more rigorous inquiry into the nature of law than broader "employment law." (MSE)

  20. INDONESIAN SALVAGE LAW WITHIN THE FRAMEWORK OF CONTEMPORARY MARITIME LAW

    Directory of Open Access Journals (Sweden)

    Dhiana Puspitawati

    2015-12-01

    Full Text Available Located in a strategic position, that is between two great oceans and two land masses have made Indonesia a centre of international trade and shipping. In fact, 90% of international trades are carried out through the ocean. It is therefore crucial to assure that the activities in carrying goods across the ocean are incident free. However, if accident happens, assistance from professionals to preserve items of property is desirable. In such, salvage law emerged. This paper discusses comprehensively Indonesian salvage law within the framework of contemporary maritime law. While Indonesian maritime law is mostly based on its national law on the carriage of goods by the sea, in fact, the development of maritime law is highly affected by international practices which are largely based on international conventions and regulations. This research finds that while Indonesian salvage law can be found in Book II Chapter VII article 545-568k Wetboek Van Koophandel or known as Kitab Undang-undang Hukum Dagang (KUHD, which focused narrowly on the value of salved property as the primary measures of success, yet Indonesian salvage law has not been developed in accordance with current international salvage law, which adopted a broader and more balanced approached in both commercial and environmental aspects. Although it is believed that such approached is “culturally unrecognized” in Indonesia, this research argued that since Indonesian waters are part of international waters, all process by waters including salvage should confirm the relevant international practices and regulations. While Indonesia has taken out salvage law from KUHD and regulates it within Act Number 17/2008 on navigation, however, such act only provides one article for salvage stating that salvage will be regulates further by Ministry Regulation. Untill this paper was written no such government regulation produced yet by Indonesia. Since Indonesian waters is the centre of international

  1. Direitos autorais, informação e tecnologia: impasses e potencialidades | Copyright, information and technology - impasses and potentials

    Directory of Open Access Journals (Sweden)

    Ana Carolina Silva Biscalchin

    2011-10-01

    Abstract The subject of authorship needs a multidisciplinary approach to unveil its complexity and to understand the discussions about how the digital age mobilizes new ways of dealing with intellectual property. Thus we must transpose the limits of information science and engage the key concepts of a number of other disciplines that pervade this issue. The article presents a review of the concept of authorship, underlining legal aspects of copyright and its relationship with the Internet. It also conducts a brief reflection on Information Science journals and how they address new opportunities for law-making as concerns emerging paradigm shifts caused by technology. Keywords Copyright, Authorship, Internet, Informational Capitalism, Information Science.

  2. 2016 Copyright © 2016, CRISA Publications PATTERNS OF ...

    African Journals Online (AJOL)

    The aim of this study was to examine the pattern of substance use among university students in ... The result of the study indicated that current alcohol use was reported by 67.5%,. Cigarette ... parental guidance and the unlimited sus- ceptibility ...

  3. Sovereignty in International Law

    Directory of Open Access Journals (Sweden)

    Jana MAFTEI

    2015-03-01

    Full Text Available We aimed at highlighting in this paper, after analyzing the transformations that took place in the international society, the importance of a particularly sensitive and current topic for public international law, namely the sovereignty. A political and legal concept at the same time, the state sovereignty remains permanently into the attention of researchers in an attempt to determine its role in international relations governed by the international law. The concept of sovereignty is complex, it can be analyzed in terms of the national law, but as a member of international society, a State participates in international relations on the basis of sovereign equality principle, which causes another meaning of sovereignty, which completes the one specific to the internal life. We have analyzed the evolution of the concept of sovereignty and we have identified the causes that led to changes in its characteristics, in order to predict the tendencies in its development. We have highlighted the aspects of the exercise of sovereignty as a result of limiting the powers of state in the favor of international bodies. In preparing this article we have used as research methods the analysis of the problems generated by mentioned subject with reference to the doctrinal views expressed in specialized papers, documentary research, and interpretation of legal norms in the field.

  4. Self-enforcing or self-executing? What Computational Copyright can learn from LKIF Transaction Configurations for Eurobonds

    OpenAIRE

    Conetta, Orlando; Schafer, Burkhard

    2014-01-01

    Uptake of Artificial Intelligence approaches in commercial practice has been low. By contrast, “Copyright by design” (DRM) and “Privacy by Design” have emerged as (commercially) successful applications of computer technology to legal issues, and are now closer to realizing the formalist ideal of a self-enforcing law than traditional approaches to legal AI and their attempt to model legal reasoning explicitly. DRM, and to a lesser extend PETs, have however also their de...

  5. The Limits of Fair Use in Military Scholarship: When, How, and From Whom to Request Permission to Use Copyrighted Works

    Science.gov (United States)

    2010-01-01

    infringement is distinct from plagiarism , both concepts arise from the concern for an author’s right to maintain control over her intellectual work...product.48 Some courts refer to copyright infringement as a form of plagiarism .49 It is certainly cause for concern that a judge advocate engaged in...note 44, para. 4-1. 47 Id. para. 4-2a. 48 Stuart P. Green, Plagiarism , Norms, and the Limits of Theft Law: Some Observations on the use of

  6. Law Enforcement Locations

    Data.gov (United States)

    Kansas Data Access and Support Center — Law Enforcement Locations in Kansas Any location where sworn officers of a law enforcement agency are regularly based or stationed. Law enforcement agencies "are...

  7. Preventive legal obligations and principles in modern international environmental law. The current status of international environmental exploitation and protection. Praeventive Rechtspflichten und -prinzipien des modernen Umweltvoelkerrechts. Zum Stand des Umweltvoelkerrechts zwischen Umweltnutzung und Umweltschutz

    Energy Technology Data Exchange (ETDEWEB)

    Hohmann, H.

    1992-01-01

    The doctoral dissertation first examines the contribution of international organisations and bodies to the development of international environmental law outside of international agreements. It then analyses the international agreements on the protection of the environment. The three characteristics of modern international environmental law, namely direct protection of environmental media, relationship of several states, who are emitters or have protective obligations, to a multitude of spatially distant victim states, and thinking in terms of common responsibilities, regional cooperation or global common-concern criteria are shown to be also present in the environmental agreements. The author comes to the conclusion that a switch of paradigms has taken place in international environmental law. Traditional international law, with its fixation on the efficient allocation of resources, has developed since roughly 1982/1987 into the modern form of international environmental law, which is primarily concerned with environment protection, and is largely characterized by precautionary/preventive legal obligations and principles. (orig./HSCH).

  8. Tenancy Law Denmark

    DEFF Research Database (Denmark)

    Edlund, Hans Henrik

    2003-01-01

    Report on Danish Tenancy Law. Contribution to a research project co-financed by the Grotius Programme for Judicial Co-Operation in Civil Matters. http://www.iue.it/LAW/ResearchTeaching/EuropeanPrivateLaw/Projects.shtml......Report on Danish Tenancy Law. Contribution to a research project co-financed by the Grotius Programme for Judicial Co-Operation in Civil Matters. http://www.iue.it/LAW/ResearchTeaching/EuropeanPrivateLaw/Projects.shtml...

  9. Democratic contract law

    OpenAIRE

    Hesselink, M.W.

    2015-01-01

    This article discusses the normative relationship between contract law and democracy. In particular, it argues that in order to be legitimate contract law needs to have a democratic basis. Private law is not different in this respect from public law. Thus, the first claim made in this article will be that also for contract law a democratic basis is a necessary condition for legitimacy. A fully democratic basis may also be a sufficient condition for a legitimate and just contract law. However,...

  10. COPYRIGHT PROTECTION FOR CREATIVE INDUSTRIES: COMPARISON AMONG CHINA AND EUROPE

    OpenAIRE

    Cristina ORTEGA NUERE; Silvia Maria GONZALEZ

    2013-01-01

    The impact and creativity has increase in the last years in Europe. It was focused by an United Nations report on creative economy in 2008 .Cooperation and trade in goods and services has increased. Today, the EU is the biggest destination for China's exports and the second supplier to China. For the EU, China is the second trading partner, after the United States. Based on current agreements between the two continents, we can mention the following documents that justify our research: The bil...

  11. Copyright Protection of Color Imaging Using Robust-Encoded Watermarking

    Directory of Open Access Journals (Sweden)

    M. Cedillo-Hernandez

    2015-04-01

    Full Text Available In this paper we present a robust-encoded watermarking method applied to color images for copyright protection, which presents robustness against several geometric and signal processing distortions. Trade-off between payload, robustness and imperceptibility is a very important aspect which has to be considered when a watermark algorithm is designed. In our proposed scheme, previously to be embedded into the image, the watermark signal is encoded using a convolutional encoder, which can perform forward error correction achieving better robustness performance. Then, the embedding process is carried out through the discrete cosine transform domain (DCT of an image using the image normalization technique to accomplish robustness against geometric and signal processing distortions. The embedded watermark coded bits are extracted and decoded using the Viterbi algorithm. In order to determine the presence or absence of the watermark into the image we compute the bit error rate (BER between the recovered and the original watermark data sequence. The quality of the watermarked image is measured using the well-known indices: Peak Signal to Noise Ratio (PSNR, Visual Information Fidelity (VIF and Structural Similarity Index (SSIM. The color difference between the watermarked and original images is obtained by using the Normalized Color Difference (NCD measure. The experimental results show that the proposed method provides good performance in terms of imperceptibility and robustness. The comparison among the proposed and previously reported methods based on different techniques is also provided.

  12. Copyright and New Technologies. Hearings before the Subcommittee on Courts, Civil Liberties, and the Administration of Justice of the Committee on the Judiciary, House of Representatives, Ninety-Ninth Congress, First and Second Sessions on Copyrights and New Technologies (November 20, 1985, and August 7, 1986).

    Science.gov (United States)

    Congress of the U.S., Washington, DC. House Committee on the Judiciary.

    Conducted to investigate copyright questions that have arisen from the development of new communications technologies which were not foreseen when the copyright law was rewritten in 1976, these hearings are particularly concerned with the areas of low-power television (LPTV) and satellite communications. Following session opening remarks,…

  13. Academic community about copyright related with open access. Case study at Transilvania University

    Directory of Open Access Journals (Sweden)

    Bârsan, M. I.

    2012-01-01

    Full Text Available The movement for open access to scientific information aims to transform education and research through the provision, free of charge, of the literature in scientific journals, to all researchers, regardless of the country they carry out their activity in or the institution they are affiliated to, while observing the natural award and quotation rules. In order to have his/her article published in a quality scientific journal, the author is almost always requested to transfer the copyrights to the respective journal's editor. The editor thus becomes the only one authorized to decide if and in what way the text is to be published after the initial issue - e.g., through its inclusion in a scientific database. The paper It considers the claims for copyright ownership in research papers by universities, academics, and publishers by drawing on the literature, a survey of academic authors from Transilvania University. There were analysed concerning the professors' opinion on the AUTHOR – UNIVERSITY – EDITOR relationship. The sample was considerate with academic staff from Law. Engineering, Literature and Economic Science Faculties.

  14. International Copyright Trade: Theory and Perfecting%国际版权贸易:理论与实践

    Institute of Scientific and Technical Information of China (English)

    蒋茂凝

    2001-01-01

    International copyright trade came into being late in the 19th century. It was popularized rapidly after the World WarⅡ, and it became one of the main international trade forms. In the practical activities concerning international copyright trade, lawmakers should pay special attention to the following related law problems: selling the copyright short, coordinating economic rights and spiritual rights, restricting copyright to each other, having breach of contract concur with act of tort and infringement. To perfect the law system gradually, we ought to put emphasis on the reality, acting on the legislative tendency of the whole world.%国际版权贸易产生于19世纪末,在第二次世界大战后迅速普及开来,并成为一种主要的国际贸易形式。在国际版权贸易的实践活动中,卖绝版权、经济权利与精神权利的协调、对版权贸易的限制、版权的双重转让、违约行为与侵权行为的竞合等有关法律问题,应引起立法者的充分重视。我国应尊重现实,顺应国际立法趋势,逐步完善有关法律制度。

  15. Open exchange of scientific knowledge and European copyright: The case of biodiversity information

    Directory of Open Access Journals (Sweden)

    Willi Egloff

    2014-06-01

    Full Text Available Background. The 7th Framework Programme for Research and Technological Development is helping the European to prepare for an integrative system for intelligent management of biodiversity knowledge. The infrastructure that is envisaged and that will be further developed within the Programme “Horizon 2020” aims to provide open and free access to taxonomic information to anyone with a requirement for biodiversity data, without the need for individual consent of other persons or institutions. Open and free access to information will foster the re-use and improve the quality of data, will accelerate research, and will promote new types of research. Progress towards the goal of free and open access to content is hampered by numerous technical, economic, sociological, legal, and other factors. The present article addresses barriers to the open exchange of biodiversity knowledge that arise from European laws, in particular European legislation on copyright and database protection rights.We present a legal point of view as to what will be needed to bring distributed information together and facilitate its re-use by data mining, integration into semantic knowledge systems, and similar techniques. We address exceptions and limitations of copyright or database protection within Europe, and we point to the importance of data use agreements. We illustrate how exceptions and limitations have been transformed into national legislations within some European states to create inconsistencies that impede access to biodiversity information.Conclusions. The legal situation within the EU is unsatisfactory because there are inconsistencies among states that hamper the deployment of an open biodiversity knowledge management system. Scientists within the EU who work with copyright protected works or with protected databases have to be aware of regulations that vary from country to country. This is a major stumbling block to international collaboration and is an

  16. Open exchange of scientific knowledge and European copyright: The case of biodiversity information.

    Science.gov (United States)

    Egloff, Willi; Patterson, David J; Agosti, Donat; Hagedorn, Gregor

    2014-01-01

    Background. The 7(th) Framework Programme for Research and Technological Development is helping the European Union to prepare for an integrative system for intelligent management of biodiversity knowledge. The infrastructure that is envisaged and that will be further developed within the Programme "Horizon 2020" aims to provide open and free access to taxonomic information to anyone with a requirement for biodiversity data, without the need for individual consent of other persons or institutions. Open and free access to information will foster the re-use and improve the quality of data, will accelerate research, and will promote new types of research. Progress towards the goal of free and open access to content is hampered by numerous technical, economic, sociological, legal, and other factors. The present article addresses barriers to the open exchange of biodiversity knowledge that arise from European laws, in particular European legislation on copyright and database protection rights. We present a legal point of view as to what will be needed to bring distributed information together and facilitate its re-use by data mining, integration into semantic knowledge systems, and similar techniques. We address exceptions and limitations of copyright or database protection within Europe, and we point to the importance of data use agreements. We illustrate how exceptions and limitations have been transformed into national legislations within some European states to create inconsistencies that impede access to biodiversity information. Conclusions. The legal situation within the EU is unsatisfactory because there are inconsistencies among states that hamper the deployment of an open biodiversity knowledge management system. Scientists within the EU who work with copyright protected works or with protected databases have to be aware of regulations that vary from country to country. This is a major stumbling block to international collaboration and is an impediment to the

  17. On Boolean Stable Laws

    CERN Document Server

    Arizmendi, Octavio

    2012-01-01

    We determine which Boolean stable law is freely infinitely divisible and which is not. Some positive Boolean stable laws and a mixture of them have completely monotonic densities and they are both freely and classically infinitely divisible. Freely infinitely divisible Boolean stable laws and the corresponding free stable laws are non trivial examples whose free divisibility indicators are infinity.

  18. Tax Law System

    Science.gov (United States)

    Tsindeliani, Imeda A.

    2016-01-01

    The article deals with consideration of the actual theoretic problems of the subject and system of tax law in Russia. The theoretical approaches to determination of the nature of separate institutes of tax law are represented. The existence of pandect system intax law building as financial law sub-branch of Russia is substantiated. The goal of the…

  19. Democratic contract law

    NARCIS (Netherlands)

    Hesselink, M.W.

    2015-01-01

    This article discusses the normative relationship between contract law and democracy. In particular, it argues that in order to be legitimate contract law needs to have a democratic basis. Private law is not different in this respect from public law. Thus, the first claim made in this article will

  20. Operational Law Handbook

    Science.gov (United States)

    1993-01-01

    Law* implications. R-5 3. Wills for both spouses. 4. Powers of Attorney. 5. Consumer law issues. B. 1ypically readiness exercises and rapid...Soldiers’ & Sailors’ Civil Relief Act JA 261 Real Property Guide JA 262 Wills Guide JA 263 Family Law Guide JA 265 Consumer Law Guide JA 267 Legal

  1. Censorship, Schooling, and the Law.

    Science.gov (United States)

    Fischer, Louis; Sorenson, Gail Paulus

    1979-01-01

    This essay highlights issues in the legal aspects of school related censorship and summarizes the current law under the following categories: general considerations, the Tinker principle, prior review of student publications, censorship of classroom speech and materials, and censorship of library resources. (Author)

  2. The Law and Special Education.

    Science.gov (United States)

    Yell, Mitchell L.

    This textbook provides information on the legal development of special education, the current legal requirements in providing a free appropriate public education to students with disabilities, and the procedures involved in obtaining legal information in law libraries and on the Internet. Specifically, the 16 chapters address: (1) sources of law…

  3. Theory and Practice of Library Servica and Copyright Protection%图书馆服务与著作权保护的理论与实践

    Institute of Scientific and Technical Information of China (English)

    石薇芬

    2011-01-01

    随着信息网络的不断发展,图书馆文献服务与著作权保护的冲突问题日益严重。本文通过相关的法律视角,结合我国目前实践中的众多问题和经验教训,分析了想要解决我国图书馆服务与著作权保护之间的争论应该采取哪些办法,同时,对图书馆信息网络传播权的这方面的问题重点进行了讨论,根据问题提出了初步的解决方案。%With the continuous development of information networks, the conflict between library services and copyright protec- tion documents is growing, this paper, from file perspective of relevant law, combined with our current practice of many issues and lessons learned, analysis the measures should be taken of the debate between the library services and copyright protection, while the library informetion network transmission right were discussed, and put forward preliminary solutions according to the issues.

  4. Principles of private law

    OpenAIRE

    Andraško, Richard

    2011-01-01

    Principles of private law The reason of choosing "Principles of private law" for my thesis is that private law is built on untouchable values. For example, basic values like freedom and equality, which are represented by these principles. Many of them are indispensable in the relation of functionality of the whole system of law. Most of them have Roman law origin. The purpose of my thesis is to describe and summarize the main principles of private law that mostly appear in Czech law, especial...

  5. Law across nations

    DEFF Research Database (Denmark)

    of participants keen to work together to promote research and policy development in such a lively forum." - Professor Steve Saxby PhD, Cert Ed., MBCS Professor of IT Law and Public Policy, Solicitor, Deputy Head of School (Research), Faculty of Business and Law, University of Southampton, Editor...... not only the original themes of Legal, Security and Privacy Issues in IT Law and International Law and Trade but more recently two new conferences on International Public and Private Law. The papers in this volume then represent the contributions to all these fields and reflect the strong desire......-in-Chief, The Computer Law & Security Review - The International Journal of Technology Law and Practice (Elsevier), www.elsevier.com/locate/clsr, Editor, The Encyclopedia of Information Technology Law (Sweet & Maxwell), Director ILAWS - Institute for Law and the Web - School of Law, Southampton University, www...

  6. EU Labour Law

    DEFF Research Database (Denmark)

    Nielsen, Ruth

    The focus in this book is upon EU labour law and its interaction with national and international labour law. The book provides an analysis of the framework and sources of European labour law. It covers a number of substantive topics, notably collective labour law, individual employment contracts......, discrimination on grounds of sex and on other grounds, free movement of persons, restructuring of enterprises, working environment and enforcement of rights derived from EU labour law....

  7. The Power of Law

    Institute of Scientific and Technical Information of China (English)

    2009-01-01

    China’s draft Energy Law is now under consideration China’s draft Energy Law has been submitted to the State Council’s Legislative Affairs Office and will be considered at this year’s executive meeting, said a key member of the expert panel drafting the law. If the law makes it through the council, the National People’s Congress (NPC), China’s supreme law-making body, will vote on it.

  8. Law System in Japan

    OpenAIRE

    Andreea Lorena Ponaru

    2007-01-01

    This article attempts to present and explain the main features of the japanese law system. Japanese Law system was reformed during the domination of Tokugawa shogun family. In 1870, Foreign Governmental Systems Study Office was founded. By judicial sentences many french laws were introduced in Japanese law system. Roma-Tokyo-Berlin Alliance (1936) introduced a strong German influence in the law system. The Japanese judicial system has known five periods. In the first (1869-1888) were introduc...

  9. A Robust Blind Quantum Copyright Protection Method for Colored Images Based on Owner's Signature

    Science.gov (United States)

    Heidari, Shahrokh; Gheibi, Reza; Houshmand, Monireh; Nagata, Koji

    2017-08-01

    Watermarking is the imperceptible embedding of watermark bits into multimedia data in order to use for different applications. Among all its applications, copyright protection is the most prominent usage which conceals information about the owner in the carrier, so as to prohibit others from assertion copyright. This application requires high level of robustness. In this paper, a new blind quantum copyright protection method based on owners's signature in RGB images is proposed. The method utilizes one of the RGB channels as indicator and two remained channels are used for embedding information about the owner. In our contribution the owner's signature is considered as a text. Therefore, in order to embed in colored image as watermark, a new quantum representation of text based on ASCII character set is offered. Experimental results which are analyzed in MATLAB environment, exhibit that the presented scheme shows good performance against attacks and can be used to find out who the real owner is. Finally, the discussed quantum copyright protection method is compared with a related work that our analysis confirm that the presented scheme is more secure and applicable than the previous ones currently found in the literature.

  10. Power laws, Pareto distributions and Zipf's law

    OpenAIRE

    Newman, M E J

    2004-01-01

    When the probability of measuring a particular value of some quantity varies inversely as a power of that value, the quantity is said to follow a power law, also known variously as Zipf's law or the Pareto distribution. Power laws appear widely in physics, biology, earth and planetary sciences, economics and finance, computer science, demography and the social sciences. For instance, the distributions of the sizes of cities, earthquakes, solar flares, moon craters, wars and people's personal ...

  11. International Private Law and Communitarian Law

    Directory of Open Access Journals (Sweden)

    Abelardo Posso Serrano

    2013-01-01

    Full Text Available Private international law is justified at a time when the legal systems of nation states seeking a way to extend their areas and competencies. This desire led to the conflict between national laws, which grew smaller as did the novel concept of "international community", but did not suppress national relativism. A new law began to settle, then, with the progress of the integration process. Community laws have mechanisms to be applied, even when states would try to ignore them or to fulfill a relative way.

  12. The trouble with European data protection law

    NARCIS (Netherlands)

    Koops, E.J.

    2014-01-01

    • The trouble with European data protection law, as with Alfred Hitchcock's Harry, is that it is dead. The current legal reform will fail to revive it, since its three main objectives are based on fallacies. • The first fallacy is the delusion that data protection law can give individuals control ov

  13. Law Enforcement School Programs. Fact Sheet

    Science.gov (United States)

    Arkansas Safe Schools Initiative Division, 2010

    2010-01-01

    The school shooting incidents during the decade of the 1990's prompted an increase of law enforcement presence in schools. The School Violence Resource Center (SVRC) at the Criminal Justice Institute (CJI) University of Arkansas System undertook a project to determine what programs law enforcement agencies currently provide in their local schools…

  14. Health Law as Social Justice.

    Science.gov (United States)

    Wiley, Lindsay F

    2014-01-01

    Health law is in the midst of a dramatic transformation. From a relatively narrow discipline focused on regulating relationships among individual patients, health care providers, and third-party payers, it is expanding into a far broader field with a burgeoning commitment to access to health care and assurance of healthy living conditions as matters of social justice. Through a series of incremental reform efforts stretching back decades before the Affordable Care Act and encompassing public health law as well as the law of health care financing and delivery, reducing health disparities has become a central focus of American health law and policy. This Article labels, describes, and furthers a nascent "health justice" movement by examining what it means to view health law as an instrument of social justice. Drawing on the experiences of the reproductive justice, environmental justice, and food justice movements, and on the writings of political philosophers and ethicists on health justice, I propose that health justice offers an alternative to the market competition and patient rights paradigms that currently dominate health law scholarship, advocacy, and reform. I then examine the role of law in reducing health disparities through the health justice lens. I argue that the nascent health justice framework suggests three commitments for the use of law to reduce health disparities. First, to a broader inquiry that views access to health care as one among many social determinants of health deserving of public attention and resources. Second, to probing inquiry into the effects of class, racial, and other forms of social and cultural bias on the design and implementation of measures to reduce health disparities. And third, to collective action grounded in community engagement and participatory parity. In exploring these commitments, I highlight tensions within the social justice framework and between the social justice framework and the nascent health justice movement

  15. Retail price as an outcome measure for the effectiveness of drug law enforcement.

    Science.gov (United States)

    Bright, David A; Ritter, Alison

    2010-09-01

    One outcome measure of law enforcement effectiveness is the reduction in drug consumption which occurs as a result of law enforcement interventions. A theoretical relationship between drug consumption and retail price has promoted the use of retail price as a surrogate measure for consumption. In the current article, retail price is examined as a potential outcome measure for the effectiveness of law enforcement. The predictions regarding the relationship between law enforcement intensity and price are only partially supported by research. Explanations for the disconnect between the drug law enforcement activity and retail price include: rapid adaptation by market players, enforcement swamping, assumptions of rational actors, short-run versus long-run effects, structure of the illicit market, simultaneous changes that affect price in perverse ways, the role of violence in markets, and data limitations. Researchers who use retail price as an outcome measure need to take into account the complex relationship between drug law enforcement interventions and the retail price of illicit drugs. Viable outcome measures which can be used as complements to retail price are worth investigation. Copyright 2009 Elsevier B.V. All rights reserved.

  16. RUSSIAN LAW SUBJECTS

    Directory of Open Access Journals (Sweden)

    D.N. Bakhrakh

    2006-03-01

    Full Text Available The question about the subjects of law branches is concerning the number of most important and difficult in law science. Its right decision influences on the subject of law regulation, precise definition of addressees of law norms, the volume of their rights and duties, the limits of action of norms of Main part of the branch, its principles. Scientific investigations, dedicated to law subjects system, promote the development of recommendations for the legislative and law applying activity; they are needed for scientific work organization and student training, for preparing qualified lawyers.

  17. Entanglement area law in superfluid 4He

    Science.gov (United States)

    Herdman, C. M.; Roy, P.-N.; Melko, R. G.; Maestro, A. Del

    2017-06-01

    Area laws were first discovered by Bekenstein and Hawking, who found that the entropy of a black hole grows proportional to its surface area, and not its volume. Entropy area laws have since become a fundamental part of modern physics, from the holographic principle in quantum gravity to ground-state wavefunctions of quantum matter, where entanglement entropy is generically found to obey area law scaling. As no experiments are currently capable of directly probing the entanglement area law in naturally occurring many-body systems, evidence of its existence is based on studies of simplified qualitative theories. Using new exact microscopic numerical simulations of superfluid 4He, we demonstrate for the first time an area law scaling of entanglement entropy in a real quantum liquid in three dimensions. We validate the fundamental principle that the area law originates from correlations local to the entangling boundary, and present an entanglement equation of state showing how it depends on the density of the superfluid.

  18. Drought, Sustainability, and the Law

    Directory of Open Access Journals (Sweden)

    Robert W. Adler

    2010-07-01

    Full Text Available Researchers and responsible officials have made considerable progress in recent years in efforts to anticipate, plan for, and respond to drought. Some of those efforts are beginning to shift from purely reactive, relief-oriented measures to programs designed to prevent or to mitigate drought impacts. Considerably less attention has been given to laws that may affect practices and policies that either increase or decrease drought vulnerability. Water law regimes, drought response and relief legislation, and laws governing broader but related issues of economic policy—especially agricultural policy—should be evaluated more comprehensively to enhance incentives for more ―water sustainable‖ practices in agriculture and other sectors of the economy. Those changes will be increasingly important if current climate change models are correct in their prediction that many parts of the world can expect more frequent and more severe conditions of meteorological drought in the ensuing decades.

  19. Reforming Copyright in the Context of Exercise of the Human Right to Free Expression on the Internet: An Actual Problems of the Modern International Legal Politics

    Directory of Open Access Journals (Sweden)

    Irina V. Shugurova

    2015-12-01

    Full Text Available The authors discuss major trends in the area of reforming of copyright in the light of full exercise of internationally recognized human right to expression regarding the digital environment, especially the Internet, and demonstrate the significant situation when intellectual property rights, mainly author’s exclusive rights, build a lot of troubles for the information human rights. The article also looks at the changes in the understanding the relation between copyright and the human right to freedom of expression and information on the Internet. Much attention is paid to new moments in the modern doctrine of intellectual property that is inspired by process of digitization of author’s rights. There is conducted the approach to addressing copyright as one of the digital human rights resulted from property rights and right of creators to protection of their moral and economic interests. However, authors of the article departure from postulate that copyright is the human rights to a certain degree only. Moreover, this article examines the international legal approach to seeking the balance between the human right to freedom of expression, opinion and information, on the one hand, and copyright, especially as regards the Internet, on the other hand. There has been argued that key role in elaborating and adopting the principled standards in this sphere belongs to international law, including international law of human rights. In addition, the latter, as authors have ascertained, must correspond to international law of intellectual property rights, international information law, and international competition law. The study focus on various aspects of solving the problem of adapting copyright to the digital environment.

  20. 中国企业如何依法进行自由竞争——关于中国公司法和反不正当竞争法的变化%How Chinese enterprises live in freedom,competition under the rule of law——on the current changes of Corporate Law and Competition Law in China

    Institute of Scientific and Technical Information of China (English)

    史际春

    2007-01-01

    China has thoroughly amended its corporate law and hastens to formulate an anti-monopoly law. To rebound then deny the planned economy once adopted, China firmly practices marketization reform. However, common- recognized rules haven't taken shape without sufficient gaming and, lots of quick introduced legislations are only superficial provisions. As the trend of corporate legal system in developed countries, freedom and responsibility are the two contraries but not contradictory directions during the recent reform of China's corporate law. One is deregulation, e.g., introducing one-person company and the transition from approval system to registration system for the establishment of a company; while the other is adding various provisions of responsibility and liability to the Company Law for controlling shareholders, actual controllers, directors, supervisors and top managers. The Anti-Unfair Competition Law of China not only prescribes unfair competition but also counters monopoly. In general, it mainly focuses on anti-monopoly provisions, to popularize the concept and value of free market, making systematic regulations on any kinds of monopoly.This article reviews its background,process,meaning as well as the problems encountered.As there remains somewhat a mystery that China rapidly develops,it may also reflect a fringe of the reason.

  1. A Healthy Law

    Institute of Scientific and Technical Information of China (English)

    2008-01-01

    The National People’s Congress(NPC)published China’s new draft Food Safety Law on April 20 for public discussion.The draft law covers food safety evaluation,monitoring, and recall and information release.

  2. Administrative Law Judges

    Science.gov (United States)

    The Administrative Law Judges conduct hearings and render decisions in proceedings between the EPA and persons, businesses, government entities, and other organizations which are or are alleged to be regulated under environmental laws.

  3. Recent Case Law

    DEFF Research Database (Denmark)

    Petz, Thomas; Sagaert, Vincent; Østergaard, Kim

    2004-01-01

    In this section authors from various European countries report the recent case law in their country on the field of private patrimonial law, that is decisions on the law of property, juridical acts, the law of obligations, contract law and prescription. The European Review of Private Law (ERPL......) started this section in 2003. The section aims to give our readers an overview of what is happening in the most recent European case law. We have asked the national reporters to report the juridical essence of the decisions given by the highest courts in their country. These national reports...... not relate the facts of the decision, nor the personal opinion of the reporter. One can find discussions on the most important decisions of European courts in ERPL’s case note section. The recent case law section gives overviews of decisions published in periods of four months. The period of January...

  4. Recent Case Law

    DEFF Research Database (Denmark)

    Petz, Thomas; Sagaert, Vincent; Østergaard, Kim

    2004-01-01

    In this section authors from various European countries report the recent case law in their country on the field of private patrimonial law, that is decisions on the law of property, juridical acts, the law of obligations, contract law and prescription. The European Review of Private Law (ERPL......) started this section in 2003. The section aims to give our readers an overview of what is happening in the most recent European case law. We have asked the national reporters to report the juridical essence of the decisions given by the highest courts in their country. These national reports...... not relate the facts of the decision, nor the personal opinion of the reporter. One can find discussions on the most important decisions of European courts in ERPL’s case note section. The recent case law section gives overviews of decisions published in periods of four months. The period of January...

  5. By Law Established

    DEFF Research Database (Denmark)

    Christoffersen, Lisbet

    2017-01-01

    An analysis of the degree and content of statutory law regulation of Nordic Lutheran majority churches in 2017......An analysis of the degree and content of statutory law regulation of Nordic Lutheran majority churches in 2017...

  6. Health care law versus constitutional law.

    Science.gov (United States)

    Hall, Mark A

    2013-04-01

    National Federation of Independent Business v. Sebelius, the Supreme Court's ruling on the Patient Protection and Affordable Care Act, is a landmark decision - both for constitutional law and for health care law and policy. Others will study its implications for constitutional limits on a range of federal powers beyond health care. This article considers to what extent the decision is also about health care law, properly conceived. Under one view, health care law is the subdiscipline that inquires how courts and government actors take account of the special features of medicine that make legal or policy issues especially problematic - rather than regarding health care delivery and finance more generically, like most any other economic or social enterprise. Viewed this way, the opinions from the Court's conservative justices are mainly about general constitutional law principles. In contrast, Justice Ruth Bader Ginsburg's dissenting opinion for the four more liberal justices is just as much about health care law as it is about constitutional law. Her opinion gives detailed attention to the unique features of health care finance and delivery in order to inform her analysis of constitutional precedents and principles. Thus, the Court's multiple opinions give a vivid depiction of the compelling contrasts between communal versus individualistic conceptions of caring for those in need, and between health care and health insurance as ordinary commodities versus ones that merit special economic, social, and legal status.

  7. 试论建筑作品著作权的保护%On the Architectural Works Copyright Protection

    Institute of Scientific and Technical Information of China (English)

    马悦

    2011-01-01

    Modern architecture is not only the shelter,but also is the unique artistic condensation of the designer's idea which is known as architectural works in copyright law.The architectural works was explicitly included in the works range in the newly revised Copyright Law in 2001 in China.In this paper,based on the complex law relationships in the construction field,the author clarified the subject of the copyright of architectural works,and focused on analysis of special exercise of the personal rights and property rights in architectural works,to reach a deeper understanding and protection of the obligee.%现代建筑已经不仅仅是住所,而是凝结了设计者思想的作品,这种体现了建筑设计者独有艺术创造的作品在著作权法上被称为建筑作品,我国在2001年新修订的《著作权法》中明确将建筑作品包括在作品的范围内。文章通过建筑工程领域的复杂法律关系,理清建筑作品著作权的主体,着重分析了建筑作品著作人身权和财产权的特殊行使,已达到更深入的对权利人的理解和保护。

  8. On Teaching Natural Law.

    Science.gov (United States)

    Forte, David F.

    1978-01-01

    A brief look at Columbia, Harvard, and Notre Dame law schools shows that the American tradition in teaching natural law has not been strong. The value of teaching natural law is discussed, a separate course or seminar is seen as the most effective option, and a selection of available sources for such a course is appended. (JMD)

  9. Contract law as fairness

    NARCIS (Netherlands)

    J. Klijnsma

    2015-01-01

    This article examines the implications for contract law of Rawls' theory of justice as fairness. It argues that contract law as an institution is part of the basic structure of society and as such subject to the principles of justice. Discussing the basic structure in relation to contract law is par

  10. European tax law

    NARCIS (Netherlands)

    Terra, B.J.M.; Wattel, P.J.

    2008-01-01

    This book is intended as a reference book for tax law and EC law pratitioners, tax administrators, academics, the judiciary and tax or Community law policy makers. For students, an abridged student edition textbook is available. The book offers a systematic survey of the tax implications of the EC T

  11. The Laws Are Yours.

    Science.gov (United States)

    Lawyers' Wives of Wisconsin, Racine.

    The pamphlet briefly describes various facets of the law and legal system in Wisconsin, and defines many legal terms. The objective is to further public understanding of the law and of the legal profession, particularly in Wisconsin. No attempt is made to answer specific legal questions. Sections cover civil and criminal law; the federal court…

  12. Operational Law Handbook 2002

    Science.gov (United States)

    2002-03-26

    designations (Note: Soldiers may no longer use the “By Law” designation.) 3. Wills for both spouses. 4. Powers of Attorney. 5. Consumer law issues. 6...Guide JA 263 Family Law Guide JA 265 Consumer Law Guide JA 267 Legal Assistance Office Directory JA 271 Legal Assistance Office Administration

  13. Environmental law in Denmark

    DEFF Research Database (Denmark)

    Basse, Ellen Margrethe

    Modern Danish environmental law has a strong international dimension due to membership of EU and participation in global and regional agreements. The concept of transnational law that includes EU environmental law that has vertical as well as horizontal effects across jurisdictions binding national...

  14. Saudi law as lex arbitri: Evaluation of Saudi arbitration law and judicial practice

    OpenAIRE

    Baamir, A; Bantekas, I

    2009-01-01

    Copyright © 2009 Kluwer Law International Disputes settled in Saudi Arabia, or which otherwise contain Saudi elements, are governed by the Kingdom’s lex arbitri, which requires that not only the arbitration clause and compromis be submitted to a designated competent authority for approval, but that the proceedings be supervised by said competent authority throughout their duration, save where conflict of laws rules permit the parties to refer to a foreign jurisdiction. There is no clear li...

  15. The Law Governing International Intellectual Property Licensing Agreements (A Conflict of Laws Analysis)

    OpenAIRE

    De Miguel Asensio, Pedro Alberto

    2013-01-01

    1. Introduction. 2. Characterization and scope of the law applicable to intellectual property rights. 2.1 Industrial property rights. 2.2 Copyright and related rights. 3. Party autonomy. 4. Applicable law in the absence of choice. 4.1. Typology of contracts and connecting factors. 4.2. License agreements under the Rome I Regulation. 4.3. Characteristic performance. 4.4. Closest connection. 4.5. Model provisions and future perspectives. 5. Overriding mandatory provisions. Bibliography

  16. Judicial Institutions in Albanian Customary Law and in Comparison with Modern Law (The Canon of Lekë Dukagjini

    Directory of Open Access Journals (Sweden)

    MSc. Njomëza Zejnullahu

    2015-12-01

    Full Text Available This article compares judicial institutions of customary law and modern law. There are many discussions between authors regarding the relation between customary and modern law, specifically the impact of customary law in modern law. The role of the customary law is of crucial importance especially its impact in the positive law of the country. Although, the customary law was practiced years ago, similarities with current positive law are obvious. Many of the judicial institutions in Albanian customary law can be compared with similar ones in modern law, but is also crucial to identify differences between them. Main judicial institutions that served as enforcement mechanisms in Albanian customary law are identified in this article in comparison with respective institutions of modern law. In addition, it is important to view and analyse customary law in regard to its power as governing law in a given period. In this regard, an analysis of the Albanian customary law in view of Hart’s rule of recognition is provided.

  17. Analysis of Copyright of Fan Stories%同人作品的著作权分析

    Institute of Scientific and Technical Information of China (English)

    韩沁远

    2016-01-01

    As the information dissemination media grows, culture emerging industries are constantly emerging;fan fiction is one of them.They are the works recreated by original part which are different from daily in the context of imitation and deductive works academic discussed.On the one hand,it enriches the spiritual and cultural life of the public to a certain extent,but on the other hand,because of the legal definition for copyright protection is not clear and lack of corresponding specification mechanism,many problems aroused when related infringement and infringe-ment dispute .In order to protect and regulate related industries,the establishment of copyright Law should take ref-erence of the western copyright domain while limit the definition of fan stories.%随着信息传播媒介的不断升级,文化新兴产业也在不断涌现,同人作品正是其中之一. 借由原作品部分设定再创作而完成的同人作品,不同于日常语境中的山寨作品,也异于学界讨论的演绎作品. 一方面,它在一定程度上丰富了社会公众的精神文化生活;另一方面,却因其处于法律定义未明确的著作权保护灰色区域,而缺少相应的规范机制,在涉及侵权与被侵权争论时面临诸多问题. 著作权法应在对同人作品定义做出限定的同时,引入西方著作权领域内已逐步成型的"合理使用制度",从而保护和规范相关产业.

  18. 37 CFR 201.23 - Transfer of unpublished copyright deposits to the Library of Congress.

    Science.gov (United States)

    2010-07-01

    ... copyright deposits to the Library of Congress. 201.23 Section 201.23 Patents, Trademarks, and Copyrights COPYRIGHT OFFICE, LIBRARY OF CONGRESS COPYRIGHT OFFICE AND PROCEDURES GENERAL PROVISIONS § 201.23 Transfer of unpublished copyright deposits to the Library of Congress. (a) General. This section...

  19. 37 CFR 201.24 - Warning of copyright for software lending by nonprofit libraries.

    Science.gov (United States)

    2010-07-01

    ... software lending by nonprofit libraries. 201.24 Section 201.24 Patents, Trademarks, and Copyrights COPYRIGHT OFFICE, LIBRARY OF CONGRESS COPYRIGHT OFFICE AND PROCEDURES GENERAL PROVISIONS § 201.24 Warning of copyright for software lending by nonprofit libraries. (a) Definition. A Warning of Copyright for...

  20. 37 CFR 251.2 - Purpose of Copyright Arbitration Royalty Panels.

    Science.gov (United States)

    2010-07-01

    ... Arbitration Royalty Panels. 251.2 Section 251.2 Patents, Trademarks, and Copyrights COPYRIGHT OFFICE, LIBRARY OF CONGRESS COPYRIGHT ARBITRATION ROYALTY PANEL RULES AND PROCEDURES COPYRIGHT ARBITRATION ROYALTY PANEL RULES OF PROCEDURE Organization § 251.2 Purpose of Copyright Arbitration Royalty Panels....

  1. 37 CFR 251.7 - Actions of Copyright Arbitration Royalty Panels.

    Science.gov (United States)

    2010-07-01

    ... Arbitration Royalty Panels. 251.7 Section 251.7 Patents, Trademarks, and Copyrights COPYRIGHT OFFICE, LIBRARY OF CONGRESS COPYRIGHT ARBITRATION ROYALTY PANEL RULES AND PROCEDURES COPYRIGHT ARBITRATION ROYALTY PANEL RULES OF PROCEDURE Organization § 251.7 Actions of Copyright Arbitration Royalty Panels....

  2. 37 CFR 251.6 - Composition and selection of Copyright Arbitration Royalty Panels.

    Science.gov (United States)

    2010-07-01

    ... Copyright Arbitration Royalty Panels. 251.6 Section 251.6 Patents, Trademarks, and Copyrights COPYRIGHT OFFICE, LIBRARY OF CONGRESS COPYRIGHT ARBITRATION ROYALTY PANEL RULES AND PROCEDURES COPYRIGHT ARBITRATION ROYALTY PANEL RULES OF PROCEDURE Organization § 251.6 Composition and selection of...

  3. The Interplay between international law and labour law in South ...

    African Journals Online (AJOL)

    This article investigates the interplay between labour law and international law in ... be included in diplomatic contracts of employment after ratification of a treaty, ... law; interplay; inviolability; labour law; principle of extraterritoriality; receiving ...

  4. The understanding of law professionals from the Federal District about drug users under the current new law / A compreensão dos operadores de direito do Distrito Federal sobre o usuário de drogas na vigência da nova lei

    Directory of Open Access Journals (Sweden)

    Maria Fátima Olivier Sudbrack

    2010-01-01

    Full Text Available Drugs users have been receiving contradictory treatments thereby promoting their stigma besides hiding and limiting the understanding of the phenomenon. The objective of this study was to investigate how the District Attorneys and Judges are considering and applying the new law which legislates on the conduct of drug use in Brazil. Eleven Law professionals from the Federal District participated in semi-structured interviews divided in three areas: the point of view in relation to the user of drugs, how the law is being applied, and how they conceive the work of the multidisciplinary teams. The results showed very heterogeneous positions, showing that there is no unanimity on the understanding of the new law. For some, there is a shared belief that drugs abuse is a public health problem, for others, it is believed that the user must receive a punishment for his/her illegal act. An effective and efficient interdisciplinary dialogue should allow a reflective action aiming at favoring those who come to justice.

  5. Montreal exclusivity versus EU law

    Directory of Open Access Journals (Sweden)

    Đurđev Dušanka J.

    2015-01-01

    Full Text Available Current air law is a showcase of multilevel regulation. The rights and obligations of airlines and their passengers are governed both by the Montreal Convention and by EU Regulation 261/2004. The EU placed itself in a difficult position by adopting Regulation 261/2004 shortly after it had signed the Montreal Convention. Both instruments provide for different standards for liability. The issue is whether or not the rules in the Convention is exclusive.

  6. Abortion laws in African Commonwealth countries.

    Science.gov (United States)

    Cook, R J; Dickens, B M

    1981-01-01

    This paper provides an overview of the range of current (1981) abortion laws in the African Commonwealth countries, traces the origins of the laws to their colonial predecessors, and discusses legal reform that would positively provide for legal termination of pregnancy. The authors claim that the range of these laws demonstrates an evolution that leads from customary/common law (Lesotho and Swaziland) to basic law (Botswana, The Gambia, Malawi, Mauritius, Nigeria's Northern States and Seychelles) to developed law (Ghana, Kenya, Nigeria's Southern States, Sierra Leone, and Uganda), and, finally, to advanced law (Zambia and Zimbabwe). The authors call for treating abortion as an issue of health and welfare as opposed to one of crime and punishment. Since most of the basic law de jure is treated and administered as developed law de facto, the authors suggest decriminalizing abortion and propose ways in which to reform the law: clarifying existing law; liberalizing existing law to allow abortion based upon certain indications; limiting/removing women's criminal liability for seeking an abortion; allowing hindsight contraception; protecting providers treating women in good faith; publishing recommended fees for services to protect poor women; protecting providers who treat women with incomplete abortion; and punishing providers who fail to provide care to women in need, with the exception of those seeking protection under a conscience clause. The authors also suggest clarifying the means by which health services involving pregnancy termination may be delivered, including: clarification of the qualifications of practitioners who may treat women; specification of the facilities that may treat women, perhaps broken down by gestational duration of the pregnancy; specifying gestational limits during which the procedure can be performed; clarifying approval procedures and consents; and allowing for conscientious objections to performing the procedure.

  7. 7 CFR 1209.75 - Patents, copyrights, inventions, publications, and product formulations.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Patents, copyrights, inventions, publications, and..., Research, and Consumer Information Order Miscellaneous § 1209.75 Patents, copyrights, inventions, publications, and product formulations. Any patents, copyrights, inventions, publications, or...

  8. 7 CFR 1215.75 - Patents, copyrights, inventions, publications, and product formulations.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Patents, copyrights, inventions, publications, and..., and Consumer Information Order Miscellaneous § 1215.75 Patents, copyrights, inventions, publications, and product formulations. Any patents, copyrights, inventions, publications, or product...

  9. On how AI & Law can help autonomous systems obey the law: a position paper

    NARCIS (Netherlands)

    Prakken, Hendrik

    2016-01-01

    In this position paper I discuss to what extent current and past AI & law research is relevant for research on autonomous intelligent systems that exhibit legally relevant behaviour. After a brief review of the history of AI & law, I will compare the problems faced by autonomous intelligent systems

  10. Conflict of interests in corporate law: colombian regulations and comparative law

    Directory of Open Access Journals (Sweden)

    Carlos Andrés Arcila Salazar

    2017-06-01

    Full Text Available This paper has the goal of discussing the colombian regulations regarding conflict of interests in corporate law based on national doctrine, and comparative law, to understand the current discussions in this matter and to see what the analysis of the future legislative reforms must focus on.

  11. Power laws from linear neuronal cable theory

    DEFF Research Database (Denmark)

    Pettersen, Klas H; Lindén, Henrik Anders; Tetzlaff, Tom

    2014-01-01

    Power laws, that is, power spectral densities (PSDs) exhibiting [Formula: see text] behavior for large frequencies f, have been observed both in microscopic (neural membrane potentials and currents) and macroscopic (electroencephalography; EEG) recordings. While complex network behavior has been...... expressions for the PSD transfer functions for a set of measures of neuronal activity: the soma membrane current, the current-dipole moment (corresponding to the single-neuron EEG contribution), and the soma membrane potential. These PSD transfer functions relate the PSDs of the respective measurements...... to the PSDs of the noisy input currents. With homogeneously distributed input currents across the neuronal membrane we find that all PSD transfer functions express asymptotic high-frequency [Formula: see text] power laws with power-law exponents analytically identified as [Formula: see text] for the soma...

  12. The Conflicts and Regulations of Micro-blogging Copyright%微博版权冲突及其治理

    Institute of Scientific and Technical Information of China (English)

    邹举

    2012-01-01

    As an emerging network application, micro-blogging is popular among netizens yet poses new questions in copyright. According to related legal regulations, micro-bloggers can claim copyright as long as their contents are original. However, since most micro-bloggers are not aware of copyright, various types of conflicts concerning the copyright arise frequently. This is harmful to the innovation of micro-blogging contents and harmonious competition among enterprises. Given the cultural characteristics of micro-blogging and real difficulties in its copyright protection, the regulations of micro-blogging copyright should be based on the strategy in which autonomy is coordinated with the law.%微博作为新兴的网络应用备受网民青睐,但在版权保护方面也提出了新的课题。根据相关法律规定,只要微博内容符合独创性标准,便可主张版权。然而,现实之中由于微博版权意识的普遍缺乏,各种类型的微博版权冲突频频发生,这并不利于微博内容的创新和企业间的和谐竞争。考虑到微博的文化特性及其版权法律保护的实际困难,微博版权治理应秉持自治与法治相协调的基本策略。

  13. Jurisdiction in international law : United States and European perspectives

    OpenAIRE

    Ryngaert, Cedric

    2007-01-01

    This study starts with a quote by Professor Meessen: “The function of scholars of international law offers less opportunity for creative thinking [compared to scholars of conflict of laws]: they may compile and analyze state practice, but they cannot replace it with their own concepts.”[1] This study, which primarily looks at the phenomenon of jurisdiction through a (public) international law lens, rejects that limiting claim. While the current state of the international law of jurisdiction ...

  14. 78 FR 66337 - Request for Comments on Department of Commerce Green Paper, Copyright Policy, Creativity, and...

    Science.gov (United States)

    2013-11-05

    ... Request for Comments on Department of Commerce Green Paper, Copyright Policy, Creativity, and Innovation... development that were identified in the Department's Green Paper on Copyright Policy, Creativity, and...

  15. Analysis on the Influence of the Current Laws and Regulations on the Doctor-patient Relationship%浅析现行法律法规对医患关系的影响

    Institute of Scientific and Technical Information of China (English)

    钟林涛; 王将军; 曾庆; 许树强

    2014-01-01

    近年来,全国各地暴力伤医事件频发。医患关系不和谐,其中重要的因素是现行法律法规不完善。在医疗纠纷处理方面,《侵权责任法》对医疗损害鉴定无明确规定,导致全国医疗损害鉴定缺乏规范性和科学性;部分地方政府以政府令的形式颁布了医疗纠纷的预防与处置办法,但其法律强制力仍然不够;医疗纠纷调解介入也存在困难。在医师权益保障方面,法律对医师权益规定不明确,落实起来亦较难,医务人员的合法权益得不到保障。在医疗机构治安环境方面,《治安管理处罚法》及由卫生部、公安部联合发布的通告对涉医违法行为虽然作了规定,但是没有得到有效落实;而公安机关的差别对待,一定程度上也使医疗机构治安环境不断恶化,使医师执业安全堪忧。本文提出制定《医疗法》和《医疗纠纷预防与处置条例》,完善落实《治安管理处罚法》相关规定,同时以法律的形式统一医疗损害鉴定,完善医疗纠纷人民调解制度,以保障医患双方的合法权益,促进医患关系和谐。%In recent years, violent medical incidents happen frequently all over the country, which is mainly due to the disharmony of doctor-patient relationship and the imperfection of the existing laws and regulations.In dealing with medical disputes, The Law of Liability for Infringement does not provide specific provision for the i-dentification of medical injuries, resulting in the lack of normative and scientific medical damage identification;part of the local government promulgated the measures for the prevention and disposal of medical disputes in the form of decrees but it is still difficult to enforce the law; the legitimate rights and interests of the medical staff cannot be guaranteed. In the aspect of medical institutions of public security environment, illegal medical behav-iors are explicitly stipulated

  16. Water, law, science

    Energy Technology Data Exchange (ETDEWEB)

    Narasimhan, T.N.

    2007-10-17

    In a world with water resources severely impacted bytechnology, science must actively contribute to water law. To this end,this paper is an earth scientist s attempt to comprehend essentialelements of water law, and to examine their connections to science.Science and law share a common logical framework of starting with apriori prescribed tenets, and drawing consistent inferences. In science,observationally established physical laws constitute the tenets, while inlaw, they stem from social values. The foundations of modern water law inEurope and the New World were formulated nearly two thousand years ago byRoman jurists who were inspired by Greek philosophy of reason.Recognizing that vital natural elements such as water, air, and the seawere governed by immutable natural laws, they reasoned that theseelements belonged to all humans, and therefore cannot be owned as privateproperty. Legally, such public property was to be governed by jusgentium, the law of all people or the law of all nations. In contrast,jus civile or civil law governed private property. Remarkably, jusgentium continues to be relevant in our contemporary society in whichscience plays a pivotal role in exploiting vital resources common to all.This paper examines the historical roots of modern water law, followstheir evolution through the centuries, and examines how the spirit ofscience inherent in jus gentium is profoundly influencing evolving waterand environmental laws in Europe, the United States and elsewhere. In atechnological world, scientific knowledge has to lie at the core of waterlaw. Yet, science cannot formulate law. It is hoped that a philosophicalunderstanding of the relationships between science and law willcontribute to their constructively coming together in the service ofsociety.

  17. Contradictions of labor law during elections

    Directory of Open Access Journals (Sweden)

    Jorge Márquez

    2015-10-01

    Full Text Available Our article is part of a research to understand Uruguayan labour law through an analysis of the contradictions that arise between the rights and obligations derived from public law rules in the current stage where labour law is dispersed within the voluminous set of rules that conforms Uruguayan law. Our argument focuses particularly on the topic of the working hours that officers and public notaries invest whenever citizenship is convened to vote in the electoral polls, the most important act in a democracy. We hope this publication may arise a debate that contributes to the construction of new rules helping in the creation of a better labour law.

  18. Reconciling the Mitscherlich's law of diminishing returns with Liebig's law of the minimum. Some results on crop modeling.

    Science.gov (United States)

    Ferreira, Iuri E P; Zocchi, Silvio S; Baron, Daniel

    2017-08-26

    Reliable fertilizer recommendations depend on the correctness of the crop production models fitted to the data, but generally the crop models are built empirically, neglecting important physiological aspects related with response to fertilizers, or they are based in laws of plant mineral nutrition seen by many authors as conflicting theories: the Liebig's Law of the Minimum and Mitscherlich's Law of Diminishing Returns. We developed a new approach to modelling the crop response to fertilizers that reconcile these laws. In this study, the Liebig's Law is applied at the cellular level to explain plant production and, as a result, crop models compatible with the Law of Diminishing Returns are derived. Some classical crop models appear here as special cases of our methodology, and a new interpretation for Mitscherlich's Law is also provided. Copyright © 2017 Elsevier Inc. All rights reserved.

  19. Psychiatric Disability in Law Enforcement Officers.

    Science.gov (United States)

    Price, Marilyn

    2017-03-01

    Law enforcement officers all across the world are exposed to violence, confrontation, and traumatic incidents. They regularly witness death and suffering and are at risk of personal injury. Psychiatric sequelae include an increased risk for trauma-related symptoms, depression, alcohol-use disorders, and stress-related medical conditions. Law enforcement officers have been applying for early disability retirement pensions at an increased rate for stress-related psychiatric and medical conditions. As a result, law enforcement agencies are prematurely losing valuable resources, officers with training and experience. Departments have become proactive in trying to address mental health issues to prevent psychiatric disability by implementing employee wellness plans and stress reduction interventions. Programs have been developed to mitigate the effects of stress on law enforcement personnel. Many law enforcement agencies have developed strategies to encourage early confidential referral for psychiatric treatment. They utilize peer support groups and employee assistance programs and develop alliances with mental health professionals. When these approaches fail, a fitness for duty process can be used to identify impairment in work functioning due to psychiatric factors with the prospect of later returning the officer to full duty. Copyright © 2017 John Wiley & Sons, Ltd. Copyright © 2017 John Wiley & Sons, Ltd.

  20. The rule of law

    Directory of Open Access Journals (Sweden)

    Besnik Murati

    2015-07-01

    Full Text Available The state as an international entity and its impact on the individual’s right has been and still continues to be a crucial factor in the relationship between private and public persons. States vary in terms of their political system, however, democratic states are based on the separation of powers and human rights within the state. Rule of law is the product of many actors in a state, including laws, individuals, society, political system, separation of powers, human rights, the establishment of civil society, the relationship between law and the individual, as well as, individual-state relations. Purpose and focus of this study is the importance of a functioning state based on law, characteristics of the rule of law, separation of powers and the basic concepts of the rule of law.

  1. Statistical laws in linguistics

    CERN Document Server

    Altmann, Eduardo G

    2015-01-01

    Zipf's law is just one out of many universal laws proposed to describe statistical regularities in language. Here we review and critically discuss how these laws can be statistically interpreted, fitted, and tested (falsified). The modern availability of large databases of written text allows for tests with an unprecedent statistical accuracy and also a characterization of the fluctuations around the typical behavior. We find that fluctuations are usually much larger than expected based on simplifying statistical assumptions (e.g., independence and lack of correlations between observations).These simplifications appear also in usual statistical tests so that the large fluctuations can be erroneously interpreted as a falsification of the law. Instead, here we argue that linguistic laws are only meaningful (falsifiable) if accompanied by a model for which the fluctuations can be computed (e.g., a generative model of the text). The large fluctuations we report show that the constraints imposed by linguistic laws...

  2. On Hack's Law

    Science.gov (United States)

    Rigon, Riccardo; Rodriguez-Iturbe, Ignacio; Maritan, Amos; Giacometti, Achille; Tarboton, David G.; Rinaldo, Andrea

    1996-11-01

    Hack's law is reviewed, emphasizing its implications for the elongation of river basins as well as its connections with their fractal characteristics. The relation between Hack's law and the internal structure of river basins is investigated experimentally through digital elevation models. It is found that Hack's exponent, elongation, and some relevant fractal characters are closely related. The self-affine character of basin boundaries is shown to be connected to the power law decay of the probability of total contributing areas at any link and to Hack's law. An explanation for Hack's law is derived from scaling arguments. From the results we suggest that a statistical framework referring to the scaling invariance of the entire basin structure should be used in the interpretation of Hack's law.

  3. The Main Law Systems

    Directory of Open Access Journals (Sweden)

    Doranda Maracineanu

    2009-06-01

    Full Text Available The internal law of a State is the expression of the sovereign will of that Sate; however, thereare some features common to all law systems. The evolution of the society as a whole gave rise tointernational bodies (such as the European Union, through which the signatory countries haveassimilated certain unitary regulations in the internal law system. The origin of this law system is thelaw book of Justinian, during whose time the Roman law was codified. Thus, in the year 528 a. d.Justinian arranged the legal rules of those times in a unitary whole, adapted to the realities of those days.In our country, as per the fundamental law - the Constitution, the treaties and conventions ratified byRomania prevail in case of a conflict between them and the internal legislation regarding the humanrights.

  4. Setenta anos depois: direitos autorais em Noel Rosa Seventy years later: Noel Rosa's copyrights

    Directory of Open Access Journals (Sweden)

    Daniel do Amaral Arbix

    2008-06-01

    Full Text Available Um regime ótimo de direitos autorais, ao tomar fundamento no estímulo ao desenvolvimento de novos bens intelectuais, depende de limites bem traçados. Este artigo procura aferir a funcionalidade desses direitos no que diz respeito a composições musicais, de sorte a avaliar, nesse campo específico, a maleabilidade da proteção aos direitos autorais e sua adequação à criação de novas obras. Para tanto, remete-se à experiência criativa de e sobre noel rosa, expoente do samba brasileiro. A marcada assunção de riscos por autores de obras derivadas, a formalização irregular das relações jurídicas entre titulares de direitos autorais e a profissionalização de determinados autores são constatadas como respostas diretas aos incentivos legais pertinentes. A incerteza decorrente dessas respostas expõe a dessintonia entre alguns dos objetivos das normas analisadas e seus efeitos práticos.An optimal copyright regime, based on fostering the development of new intellectual works, depends on well designed limitations. This article aims to analyze such rights' functionality with respect to musical works, in order to evaluate, in this field specifically, the flexibility of copyright protection and its adequacy for the creation of new works. To perform such task, the creative process of brazilian samba expert, noel rosa, is examined. A remarkable assumption of risks by derivative works' authors, the irregular formalization of legal relations between copyright owners and the profissionalization of certain authors are seen as direct answers to the legal incentives currently in force. The uncertainty derived from such answers exposes the tension between some of the analyzed norms' objectives and their actual effects.

  5. Zipf's law, power laws and maximum entropy

    Science.gov (United States)

    Visser, Matt

    2013-04-01

    Zipf's law, and power laws in general, have attracted and continue to attract considerable attention in a wide variety of disciplines—from astronomy to demographics to software structure to economics to linguistics to zoology, and even warfare. A recent model of random group formation (RGF) attempts a general explanation of such phenomena based on Jaynes' notion of maximum entropy applied to a particular choice of cost function. In the present paper I argue that the specific cost function used in the RGF model is in fact unnecessarily complicated, and that power laws can be obtained in a much simpler way by applying maximum entropy ideas directly to the Shannon entropy subject only to a single constraint: that the average of the logarithm of the observable quantity is specified.

  6. Zipf's law, power laws, and maximum entropy

    CERN Document Server

    Visser, Matt

    2012-01-01

    Zipf's law, and power laws in general, have attracted and continue to attract considerable attention in a wide variety of disciplines - from astronomy to demographics to economics to linguistics to zoology, and even warfare. A recent model of random group formation [RGF] attempts a general explanation of such phenomena based on Jaynes' notion of maximum entropy applied to a particular choice of cost function. In the present article I argue that the cost function used in the RGF model is in fact unnecessarily complicated, and that power laws can be obtained in a much simpler way by applying maximum entropy ideas directly to the Shannon entropy subject only to a single constraint: that the average of the logarithm of the observable quantity is specified.

  7. Borders, Violence, Law

    Directory of Open Access Journals (Sweden)

    JAVIER DE LUCAS

    2014-06-01

    Full Text Available This article explores the relationship between violence, law and borders by analyzing both the violence at the borders and the violence of the borders. In both cases, the author states that violence exerted by means of law, as well as migratory and asylum policies, threaten the universal human rights of the most vulnerable people and cannot be seen as exercising the legitimate monopoly of force, resulting in the destruction of the Rule of Law.

  8. Rhetoric in Law

    DEFF Research Database (Denmark)

    Gabrielsen, Jonas

    The bond between law and rhetoric is as old as the subjects themselves. Especially the ancient works on legal rhetoric afford, however, a too narrow depiction of the interaction between law and rhetoric as a purely instrumental discipline of communication in court. In this paper I challenge...... this narrow understanding of legal rhetoric and outline three distinct frames of understanding the relation between law and rhetoric...

  9. Environmental law: Course

    OpenAIRE

    Малярчук, Назар Вікторович

    2013-01-01

    In this course we tried to shed some light on the most important issues of the environmental law: notion, subject, method, system and sources of environmental law, we revealed the context of government management in the field of the protection of environment, legal regulation of conducting environmental examination. The separate subjects determines legal regime of each environmental law objects: lands, water, mineral wealth, forests, air, flora and fauna, natural protection fund of Ukraine. ...

  10. Learning the Law

    OpenAIRE

    Engel, Christoph

    2004-01-01

    Hardly any of the law's subjects know the text of the provisions that govern their conduct. Even less would they be able to handle this text properly, were they to get access to it. Nonetheless the law firmly believes that it is not feckless. This paper solves the puzzle by drawing on four bodies of knowledge: neurobiology, developmental psychology, the psychology of learning, and work form social scientists on learning.The paper makes the following claim: typically the law reaches its addres...

  11. Enjoying the Law

    DEFF Research Database (Denmark)

    Bjerre, Henrik Jøker

    2005-01-01

    of the concept of enjoyment is instructive, and looking at it more closely makes it possible to spell out why obedience in itself does not suffice for a moral existence. Subjecting ourselves to the prescriptions of positive law might actually function as a way of escaping the insatiable demands of the moral law....... In this case, the positive law not only sustains our enjoyment (by securing basic liberties), but also comes to function as an object of enjoyment itself....

  12. 75 FR 47464 - Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control...

    Science.gov (United States)

    2010-08-06

    ... circumvention of copyright protection systems for access control technologies which was published July 27, 2010... Copyright Office 37 CFR Part 201 Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies AGENCY: Copyright Office, Library of Congress. ACTION: Final...

  13. 37 CFR 201.14 - Warnings of copyright for use by certain libraries and archives.

    Science.gov (United States)

    2010-07-01

    ... by certain libraries and archives. 201.14 Section 201.14 Patents, Trademarks, and Copyrights COPYRIGHT OFFICE, LIBRARY OF CONGRESS COPYRIGHT OFFICE AND PROCEDURES GENERAL PROVISIONS § 201.14 Warnings of copyright for use by certain libraries and archives. (a) Definitions. (1) A Display Warning...

  14. 37 CFR 201.6 - Payment and refund of Copyright Office fees.

    Science.gov (United States)

    2010-07-01

    ... Copyright Office fees. 201.6 Section 201.6 Patents, Trademarks, and Copyrights COPYRIGHT OFFICE, LIBRARY OF... letters or packages will be at the remitter's risk. Remittances from foreign countries should be in the... retained in the Copyright Office, transferred for the permanent collections or other uses of the Library...

  15. Criminal Law in Denmark

    DEFF Research Database (Denmark)

    Langsted, Lars Bo; Garde, Peter; Greve, Vagn

    Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a practical analysis of criminal law in Denmark. An introduction presents the necessary background information about the framework and sources of the criminal justice system, and then proceeds...... resource for criminal lawyers, prosecutors, law enforcement officers, and criminal court judges handling cases connected with Denmark. Academics and researchers, as well as the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study...... of comparative criminal law....

  16. Law before Gratian

    DEFF Research Database (Denmark)

    This volume, the third in the series, contains the proceedings of the conference 'Law before Gratian' and covers a wide range of topics from individual and local studies to broader reflections on the status and function of law in medieval European societies before the scholastic legal 'revolution......' of the later twelfth century. Seeking to broaden our view of what constituted law in this period, the articles examine these earlier developments in their own right and provide new insights into the variety and complexity of early and high medieval approaches to law and jurisprudence. Contributors...

  17. Criminal Law in Denmark

    DEFF Research Database (Denmark)

    Langsted, Lars Bo; Garde, Peter; Greve, Vagn

    resource for criminal lawyers, prosecutors, law enforcement officers, and criminal court judges handling cases connected with Denmark. Academics and researchers, as well as the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study......Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a practical analysis of criminal law in Denmark. An introduction presents the necessary background information about the framework and sources of the criminal justice system, and then proceeds...... of comparative criminal law....

  18. Thinking law: thinking law in motion

    OpenAIRE

    Laura Beth Nielsen

    2014-01-01

    This essay argues that one way to “think law” is to think “law in motion”. I will argue that a “law in motion” perspective embodies four core elements or ‘multiplicities’ which are: (1) multiple methodologies; (2) multiple perspectives; (3) multiple vocalities; and (4) multiple media including objects. As will become evident by the number of inspiring colleagues that have articulated rationales and perspectives for each of these multiplicities, these are not original ideas for which I can cla...

  19. An Experimental Copyright Moratorium: Study of a Proposed Solution to the Copyright Photocopying Problem. Final Report to the American Society for Testing and Materials (ASTM).

    Science.gov (United States)

    Heilprin, Laurence B.

    The Committee to Investigate Copyright Problems (CICP), a non-profit organization dedicated to resolving the conflict known as the "copyright photocopying problem" was joined by the American Society for Testing and Materials (ASTM), a large national publisher of technical and scientific standards, in a plan to simulate a long-proposed…

  20. Propiedad intelectual y conocimiento público: Derechos del investigador y del ciudadano sobre el copyright

    Directory of Open Access Journals (Sweden)

    Feltrero Oreja, Roberto

    2003-06-01

    Full Text Available Intellectual property is meant to be the key concept to drive the development of information society in the 21st century. The ethical, moral and social principles underlying both early design of Internet architecture and intellectual property laws provide a framework to claim for the publicity of information as the main requirement for cultural, technical and scientific knowledge development. However, new information technologies allow copyright owners to extend their control of both legitimate uses and misuses of copyrighted material. New models of copyright licenses are analyzed and proposed to protect fair use of cognitive work, particularly public scientific and humanistic knowledge, to the extent decided by the author himself.

    El concepto de propiedad intelectual está llamado a ser la clave que oriente el desarrollo de la sociedad de la información en el siglo XXI. Los principios éticos, morales y sociales que subyacen tanto al diseño de las arquitecturas primitivas de Internet como a las leyes vigentes sobre propiedad intelectual se fundamentan en la publicidad de la información como el requisito básico para el desarrollo de conocimientos culturales, técnicos y científicos. Sin embargo, las nuevas tecnologías de la información también proporcionan los medios para extender el control tecnológico de todos los usos, legítimos e ilegítimos, del material protegido con copyright. Se analizan nuevos modelos de copyright y se proponen las licencias libres como forma de protección activa por el propio autor de los usos legítimos de su trabajo cognitivo, especialmente si se trata de conocimiento científico o humanístico subvencionado públicamente.

  1. F-rough law and the discovery of rough law

    Institute of Scientific and Technical Information of China (English)

    Qiu Jinming; Shi Kaiquan

    2009-01-01

    By using function one direction S-rough sets (function one direction singular rough sets), this article presents the concepts of F-law, F-rough law, and the relation metric of rough law; by using these concepts, this article puts forward the theorem of F-law relation metric, two orders theorem of F-rough law relation metric, the attribute theorem of F-rough law band, the extremum theorem of F-rough law relation metric, the discovery principle of F-rough law and the application of F-rough law.

  2. Climate Change Law

    NARCIS (Netherlands)

    Farber, D.A.; Peeters, Marjan

    2016-01-01

    This book brings together over seventy fifty authors for a comprehensive examination of the emerging global regime of climate change law. Despite the relative youth of climate change law, we can already begin to see the outlines of legal regimes addressing climate change mitigation and adaptation (a

  3. Social Studies: Law Education.

    Science.gov (United States)

    Curriculum Review, 1979

    1979-01-01

    Reviews 11 series, texts, supplements, kits, and professional references for law instruction, including civil and criminal law, the Bill of Rights, and controversial legal issues: arson, gun control, capital punishment, and euthanasia. While all grade levels are covered, the emphasis is on secondary-level materials. (SJL)

  4. Pop Goes the Law

    Science.gov (United States)

    Harper, Steven J.

    2013-01-01

    The Law School Admission Council recently reported that applications were heading toward a 30-year low, reflecting, as a "New York Times" article put it, "increased concern over soaring tuition, crushing student debt, and diminishing prospects of lucrative employment upon graduation." Since 2004 the number of law-school…

  5. EU Food Law Handbook

    NARCIS (Netherlands)

    Meulen, van der B.M.J.

    2014-01-01

    The twenty-first century has witnessed a fundamental reform of food law in the European Union, to the point where modern EU food law has now come of age. This book presents the most significant elements of these legal developments with contributions from a highly qualified team of academics and

  6. Haramaya Law Review: Submissions

    African Journals Online (AJOL)

    The Haramaya Law Review (HLR) is seeking original submissions in English ... including analysis of domestic or international laws and cases, the African Union ... In general, three consecutive words or more copied from a source should be treated .... If submitting to a peer-reviewed section of the journal, the instructions in ...

  7. Law-Abiding Games

    Institute of Scientific and Technical Information of China (English)

    2006-01-01

    Beijing has begun work on laws and regulations to guarantee the smooth operation of the 2008 Olympics One of the major tasks for Beijing as host of the 2008 Olympic Games is to establish regulations and laws to govern the preparations for and conduct of the Games. Thus, on April 10 the Olympic Legislation Coordinating

  8. Nanotechnology and the Law

    Science.gov (United States)

    Desmoulin-Canselier, Sonia; Lacour, Stéphanie

    Law and nanotechnology form a vast subject. The aim here will be to examine them from the societal standpoint of nanoethics, if necessary without due reference to the work that has been undertaken. For while law differs from ethics, as we shall attempt to explain throughout this reflection, it must also be studied in its relationship with social realities.

  9. Laws of Network Value

    Directory of Open Access Journals (Sweden)

    Juan M.C. Larrosa

    2016-12-01

    Full Text Available The valuation of a social network is an issue that has been addressed based on simplifying approaches. Various value laws have been stipulated, which are largely atheoretical but have been effectively used to estimate the potential economic value of social network-based firms. This review highlights the various contributions used in the recent literature on networks valuation laws.

  10. Teaching Information Technology Law

    Science.gov (United States)

    Taylor, M. J.; Jones, R. P.; Haggerty, J.; Gresty, D.

    2009-01-01

    In this paper we discuss an approach to the teaching of information technology law to higher education computing students that attempts to prepare them for professional computing practice. As information technology has become ubiquitous its interactions with the law have become more numerous. Information technology practitioners, and in particular…

  11. European food law handbook

    NARCIS (Netherlands)

    Meulen, van der B.M.J.; Velde, van der M.; Szajkowska, A.; Verbruggen, R.

    2008-01-01

    This handbook analyses and explains the institutional, substantive and procedural elements of EU food law, taking the General Food Law as a focus point. Principles are discussed as well as specific rules addressing food as a product, the processes related to food and communication about food through

  12. EU Food Law Handbook

    NARCIS (Netherlands)

    Meulen, van der B.M.J.

    2014-01-01

    The twenty-first century has witnessed a fundamental reform of food law in the European Union, to the point where modern EU food law has now come of age. This book presents the most significant elements of these legal developments with contributions from a highly qualified team of academics and prac

  13. Social Studies: Law Education.

    Science.gov (United States)

    Curriculum Review, 1979

    1979-01-01

    Reviews 11 series, texts, supplements, kits, and professional references for law instruction, including civil and criminal law, the Bill of Rights, and controversial legal issues: arson, gun control, capital punishment, and euthanasia. While all grade levels are covered, the emphasis is on secondary-level materials. (SJL)

  14. The law and neuroscience.

    Science.gov (United States)

    Gazzaniga, Michael S

    2008-11-06

    Some of the implications for law of recent discoveries in neuroscience are considered in a new program established by the MacArthur Foundation. A group of neuroscientists, lawyers, philosophers, and jurists are examining issues in criminal law and, in particular, problems in responsibility and prediction and problems in legal decision making.

  15. Pop Goes the Law

    Science.gov (United States)

    Harper, Steven J.

    2013-01-01

    The Law School Admission Council recently reported that applications were heading toward a 30-year low, reflecting, as a "New York Times" article put it, "increased concern over soaring tuition, crushing student debt, and diminishing prospects of lucrative employment upon graduation." Since 2004 the number of law-school…

  16. Language and the Law.

    Science.gov (United States)

    Gibbons, John

    1999-01-01

    Discusses the language of law and its general interest to the field of applied linguistics. Specific focus is on legal language, the problems and remedies of legal communication (e.g., language and disadvantage before the law, improving legal communication) the legislation of language (e.g., language rights, language crimes), and forensic…

  17. Lotka's Law Revisited.

    Science.gov (United States)

    Potter, William Gray

    1981-01-01

    Discusses the literature that has become associated with Lotka's Law of Scientific Productivity (a general theoretical estimate of author productivity in the sciences) and attempts to identify the important factors of Lotka's original methodology that should be considered when attempting to test applicability of Lotka's Law. Forty-seven references…

  18. Women and Law

    Institute of Scientific and Technical Information of China (English)

    1997-01-01

    WOMEN’S rights concern the world over. Even though China has a different legal tradition and social system, participants from the Beijing Sino-British Women and Law Symposium discovered that both Chinese and foreign scholars could reach agreement and understanding on many issues. Enacting Laws for Women Professor Yang Dawen, from the

  19. Unilateralism in International Law

    DEFF Research Database (Denmark)

    Hartmann, Jacques

    2015-01-01

    international law. This note considers when and how a State or a regional organisation may legitimately take unilateral measures to protect the environment. The note will does not consider the legality of including foreign aircraft within the ETS, which has been dealt with elsewhere. Instead, it will focus...... on the legality and importance of unilateral acts for the development of international law....

  20. [Law 6/84: "an inappropriate law"].

    Science.gov (United States)

    Barroco, L E

    1994-01-01

    The intervention of Dr. Luis Elmano Barroco was evaluated at a meeting on March 19, 1994, on the topic of the state of abortion after 10 years of the new abortion law. Some aspects of the law of 1984 are characterized as inappropriate and inadequate because of the experience of the maternity ward of Dr. Alfredo da Costa. It was expected that in the wake of the publication of the law, official health care institutions would provide services for termination of pregnancy in accordance with legal indications. However, a survey carried out by the Association for Family Planning in July 1993 revealed that more than 50% of hospitals did not perform abortions because of the inexistence of specialized services or lack of resources or on grounds of conscientious objection. Even a revision of the abortion law does not take into consideration the fact that before 12 weeks of gestation it is difficult to precisely confirm grave lesions or the physical and psychological state of health of the pregnant woman which could be potentially life threatening. It was not taken into account either that it is impossible to diagnose definitively chromosomal aberrations, severe diseases, and fetal malformation before the 16th week. The law did not contemplate the prevailing socioeconomical conditions either that lead to clandestine abortion with high morbidity and mortality from cervical lesions, uterine perforation, infections, sepsis, and salpingitis. Prenatal diagnosis for eugenic abortion can be carried out by cytogenetic analysis of the amniotic fluid and ecography, but such diagnosis probably amounts to only 30-40% of risk cases in the whole country. A recent study by the Johns Hopkins University indicated that the chance of survival of a child born before 24 weeks is nil, therefore the limit of induced abortion should be extended to the 24th week to facilitate diagnosis of possible genetic abnormalities.

  1. The impact of EU law on Belgian consumer law terminology

    NARCIS (Netherlands)

    Cauffman, C.

    2012-01-01

    The implementation of EU directives in the field of consumer law distorted the Belgian legal terminology. In particular, consumer law terminology often differs from civil law terminology. The meaning of traditional civil law concepts is no longer respected in the field of consumer law. Moreover, the

  2. The impact of EU law on Belgian consumer law terminology

    NARCIS (Netherlands)

    Cauffman, C.

    2012-01-01

    The implementation of EU directives in the field of consumer law distorted the Belgian legal terminology. In particular, consumer law terminology often differs from civil law terminology. The meaning of traditional civil law concepts is no longer respected in the field of consumer law. Moreover, the

  3. A compreensão dos operadores de direito do Distrito Federal sobre o usuário de drogas na vigência da nova lei The understanding of law professionals from the Federal District about drug users under the current new law

    Directory of Open Access Journals (Sweden)

    Luiza Barros Santoucy

    2010-04-01

    Full Text Available O usuário de drogas tem recebido tratamentos contraditórios que promovem sua estigmatização e clandestinidade e limitam a compreensão do fenômeno. O objetivo foi investigar como Promotores e Juízes estão entendendo e aplicando a nova lei que legisla sobre a conduta de usar e portar drogas no Brasil. Onze operadores do Direito do Distrito Federal (DF participaram de entrevistas semi-estruturadas divididas em três eixos: a visão em relação ao usuário de droga; como a lei vem sendo aplicada; e como concebe o trabalho da equipe multidisciplinar. As respostas demonstraram posições muito heterogêneas, denotando não haver ainda unanimidade quanto à compreensão da nova lei: se por um lado há uma crença compartilhada de que o uso de drogas é um problema de saúde pública, por outro, acredita-se que o usuário deve receber uma punição por seu ato ilegal. Um diálogo interdisciplinar efetivo permitiria uma atuação eficaz e reflexiva visando a beneficiar as pessoas que chegam à justiça.Drugs users have been receiving contradictory treatments thereby promoting their stigma besides hiding and limiting the understanding of the phenomenon. The objective of this study was to investigate how the District Attorneys and Judges are considering and applying the new law which legislates on the conduct of drug use in Brazil. Eleven Law professionals from the Federal District participated in semi-structured interviews divided in three areas: the point of view in relation to the user of drugs, how the law is being applied, and how they conceive the work of the multidisciplinary teams. The results showed very heterogeneous positions, showing that there is no unanimity on the understanding of the new law. For some, there is a shared belief that drugs abuse is a public health problem, for others, it is believed that the user must receive a punishment for his/her illegal act. An effective and efficient interdisciplinary dialogue should allow a

  4. 对赌协议法律效力研究--以我国现行法为视角%Research on the Legal Effect of the Valuation Adjustment Mecha nism---Based on the Current Law

    Institute of Scientific and Technical Information of China (English)

    鲍陆文英

    2014-01-01

    文章研究了对赌协议的相关理论基础,认定对赌协议的法律性质是一种射幸合同,其法律效力应符合合同法的中合同效力的相关规定,同时作为一种商业合同,公司法及诸多证券方面的监管规定都对对赌协议的内容和效力有所限制,并且实践中债权人保护和上市公司股权明晰是对对赌协议限制最大的因素,建议从合同角度出发评判对赌协议的效力,首先其必须符合主体适格、意思表示真实、内容合法,其次,它不能违反特别法的强制性规定,不得对损害债权人利益,不得影响上市公司股权的公开透明。%This thesis studies the theory foundation of Valuation Adjustment Mechanism ( VAM) , ascertaining the legal nature of VAM is a kind of aleatory contract.Its legal effect should be comply with the relevant provi-sions on the legal effect of contract , at the same time as a commercial contract , VAM ’ s content and legal effect is limited by the company law and the securities regulation .The protection of creditors and listing Cor-poration practice clear stake limits the VAM ’ s legal effect most.We think that the legal effect of VAM can be judged from the contract perspective evaluation , firstly it must comply with the subject qualification , genuine intention expressed and lawful content , secondly , it can not violate mandatory provisions of law , not to damage the interests of the creditors , and shall not affect the transparency of listing Corporation equity.

  5. International resources law

    Energy Technology Data Exchange (ETDEWEB)

    1991-01-01

    This book covers: Historical origins of civil code legal systems; Modern civil law practice for mineral lawyers; Treaties and agreements for protection of international investments; Europe 1992-toward a single energy market; Dispute resolution in international agreements; Assessment of political risk; Reducing political risk; Protecting mineral investments from upheaval in developing countries; Typical world petroleum arrangements; government take in the Pacific Rim - Papua New Guinea; Mineral base of the USSR and prospects of investment; International taxation for the mining practitioner; Tax considerations - branch versus subsidiary; Doing business in the host country - nontax considerations; Impact of host-country laws on operations and profits; Mineral development and native rights - New Zealand; Designing the investment vehicle: mining; International oil and gas joint ventures; Selected U.S. laws with extraterritorial effect; U.S. tax and securities laws applied to foreign joint venturers; and Extraterritorial effect of U.S. laws.

  6. Creating EU law judges

    DEFF Research Database (Denmark)

    Mayoral Diaz-Asensio, Juan Antonio; Jaremba, Urszula; Nowak, Tobias

    2014-01-01

    The judicial protection system in the European Union (EU) is premised on the fact that national judges are supposed to act as decentralized EU judges. This role is exercised through tools enshrined in, inter alia, primacy, direct and indirect effect of EU law, and the preliminary ruling procedure....... However, a number of studies show that national judges experience difficulties in exercising EU competences due to their lack of knowledge in the field of EU law. In this contribution we study the differences in the level of self-evaluation of EU law knowledge among judges, which consequently influence...... the way judges approach EU law. For that purpose we question the relevance of several institutional and socio-legal factors, such as organization of the judiciary, generation, the system of legal education and judicial training and practical experience with EU law. Our analysis is based on data collected...

  7. Medical innovation laws: an unnecessary innovation.

    Science.gov (United States)

    Richards, Bernadette

    2016-06-01

    Objective This paper aims to demonstrate that any suggestion that there is a need for specific innovation laws is flawed. Innovation is central to good medical practice and is adequately supported by current law. Methods The paper reviews the nature of medical innovation and outlines recent attempts in the UK to introduce specific laws aimed at 'encouraging' and 'supporting' innovation. The current legal framework is outlined and the role of the law in relation to medical innovation explored. Results The analysis demonstrates the cyclic relationship between medical advancement and the law and concludes that there is no requirement for specific innovation laws. Conclusions The law not only supports innovation and development in medical treatment but encourages it as central to a functioning medical system. There is no need to introduce specific laws aimed at medical innovation; to do so represents an unnecessary legal innovation and serves to complicate matters. What is known about the topic? Over recent months, there has been a great deal of discussion surrounding the law in the context of medical innovation. This was driven by the attempts in the UK to introduce specific laws in the Medical Innovation Bill. The general subject matter - negligence and the expected standard of care in the provision of treatment - is very well understood, but not in cases where the treatment can be described as innovative. The general rhetoric in both the UK and Australia around the Medical Innovation Bill demonstrates a lack of understanding of the position of the law with regards to innovative treatment. What does this paper add? This paper adds clarity to the debate. It presents the law and explains the manner in which the law can operate around innovative treatment. The paper asserts that medical innovation is both supported and encouraged by existing legal principles. What are the implications for practitioners? The paper presents an argument that can guide the policy position

  8. 76 FR 78866 - Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control...

    Science.gov (United States)

    2011-12-20

    ... separately). 7A. Motion pictures on DVDs that are lawfully made and acquired and that are protected by the... incorporation of short portions of motion pictures into new works for the purpose of criticism or comment, and... Frontier Foundation. 7D. Motion pictures that are lawfully made and acquired from DVDs protected by...

  9. Three laws of robotics and surgery.

    Science.gov (United States)

    Moran, Michael

    2008-08-01

    In 1939, Isaac Asimov solidified the modern science fiction genre of robotics in his short story "Strange Playfellow" but altered our thinking about robots in Runaround in 1942 by formulating the Three Laws. He took an engineer's perspective on advanced robotic technologies. Surgical robots by definition violate the first law, yet his discussions are poignant for our understanding of future potential of robotic urologic surgery. We sought to better understand Asimov's visions by reading his fiction and autobiography. We then sought to place his perceptions of science fact next to the Three Laws (he later added a fourth law, the zeroth). Asimov's Three Laws are often quoted in medical journals during discussions about robotic surgery. His First Law states: "A robot may not injure a human being, or, through inaction, allow a human being to come to harm. " This philosophy would directly conflict with the application in surgery. In fact, most of his robotic stories deal with robots that come into conflicts with the laws. Robots in his cleverly orchestrated works evolve unique solutions to complex hierarchical conflicts with these laws. Asimov anticipated the coming maelstrom of intelligent robotic technologies with prescient unease. Despite his scholarly intuitions, he was able to fathom medical/surgical applications in many of his works. These fictional robotic physicians were able to overcome the first law and aid in the care and management of the sick/injured. Isaac Asimov published over 500 books on topics ranging from Shakespeare to science. Despite his widespread influence, he refused to visit the MIT robotics laboratory to see current, state-of-the-art systems. He managed to lay the foundation of modern robotic control systems with a human-oriented safety mechanism in his laws. "If knowledge can create problems, it is not through ignorance that we can solve them " (I Asimov).

  10. Legal and other methods for harmonization of the Macedonian Commercial Law with the European Union Commercial Law

    Directory of Open Access Journals (Sweden)

    Koevski Goran

    2014-01-01

    Full Text Available In the first part of the Article general differences between the terms harmonization, unification and approximation of law are elaborated. Special emphasize is given to the available legal instruments and methods for harmonization of national law with the acquis communautaire especially in terms of the EU freedom of establishment, including the relevant CJEU case law. Next part of the Article is dedicated to the analyses of the relevant literature and legislation relating to the recent trends (pros and cons in harmonization of the EU Company Law (including EU insolvency legislation, EU Securities Law and EU Contract Law. Last section of the Article enlightens the current situation with the Macedonian Commercial Law harmonization with the respective EU law.

  11. [Recent developments in medical law].

    Science.gov (United States)

    Schewe, G

    1984-01-01

    The most spectacular aspect is the extremely rapid expansion of medical law. Even if there is a close connection between developments in medicine and in law, the question must be asked as to what extent new discoveries and advances in medicine play a dominant role here, and to what extent the emphasis is on the further development of law. How advances in medicine can give rise to new legal problems was most impressively demonstrated some time ago by the discussion about cerebral death. In view of the progress made in the field of re-animation and intensive care, the current question is whether or not the physician's duties and rights to maintain life should be limited in hopeless cases when patients are incapable of making decisions themselves. This is demonstrated in particular by the discussion about the binding character of "patient testaments" in which healthy subjects declare that they do not want treatment under such circumstances. The decisive factor will continue to be the presumptive will of the patient at the respective time, and this will have to be ascertained considering all circumstances prevailing at that time. New questions with regard to the ethical and legal limitation of the technically feasible also arise from the possibility of culturing embryos from legal abortions or extracorporally fertilized ova to obtain transplants, and from the possibility of implanting extracorporally fertilized ova into the uterus, perhaps that of a "hired childbearing wet-nurse." In addition to ethical and legal problems, questions of parentage would arise here similar to those already of current interest in connection with artificial heterologous insemination. For physicians practicing these methods, questions concerning liability and the limitation of professional secrecy vis-à-vis the semen donor might become the issue of law suits in the near future. Current problems of "unsuccessful sterilization" and nonperformance of an abortion through the physician's fault

  12. The Practice of Transnational Law

    CERN Document Server

    2000-01-01

    Contents :"The new law merchant and the global market place" by Klaus Peter Berger, "The CENTRAL enquiry on the use of transnational law in international contract law and arbitration", "The UNIDROIT principles and transnational law" by Michael Joachim Bonell, "Examples for the practical application of transnational law", "The questionnaire and results of the CENTRAL enquiry"

  13. Chemical Laws, Idealization and Approximation

    Science.gov (United States)

    Tobin, Emma

    2013-01-01

    This paper examines the notion of laws in chemistry. Vihalemm ("Found Chem" 5(1):7-22, 2003) argues that the laws of chemistry are fundamentally the same as the laws of physics they are all "ceteris paribus" laws which are true "in ideal conditions". In contrast, Scerri (2000) contends that the laws of chemistry are…

  14. Religious Values and Conflict of Laws

    Directory of Open Access Journals (Sweden)

    Sara Tonolo

    2016-02-01

    Abstract: The wide evolution of private international law is currently recalling attention to the general aspects of the discipline. Europeanization and globalisation of sources of private international law do not preclude the chance that conflict of laws should also deal with individual identities. To the extent that the European systems have hitherto offered to the application of foreign laws, we are faced with the problem of survival in Europe of an idea of the personality of laws. In fact it’s generally accepted that conflict of laws faces the individual identities of people involved in international relations. Cultural identity may be considered collective and individual at the same time, because each member of the group has an identity of its own. Religious values ontribute to defining the cultural identity of individuals: be it in Europe or other countries, cultures, values, civilization, religion, are never absent from the solutions of personal status. Stepping back from the analysis of some cases where religious values are relevant, this Article aims at a theoretical analysis of the subject, involving the contrast between value pluralism, conflict of laws and fundamental rights.

  15. Anomalous law of cooling.

    Science.gov (United States)

    Lapas, Luciano C; Ferreira, Rogelma M S; Rubí, J Miguel; Oliveira, Fernando A

    2015-03-14

    We analyze the temperature relaxation phenomena of systems in contact with a thermal reservoir that undergoes a non-Markovian diffusion process. From a generalized Langevin equation, we show that the temperature is governed by a law of cooling of the Newton's law type in which the relaxation time depends on the velocity autocorrelation and is then characterized by the memory function. The analysis of the temperature decay reveals the existence of an anomalous cooling in which the temperature may oscillate. Despite this anomalous behavior, we show that the variation of entropy remains always positive in accordance with the second law of thermodynamics.

  16. Culture and Contract Laws

    DEFF Research Database (Denmark)

    Lando, Ole

    2007-01-01

    In the article it is argued that the wish to preserve the cultural values of national law should not prevent the EU from preparing a Code or an Optional Instrument. The no-code countries on the British Isles and in Scandinavia are the most ardent opponents to the idea of unifying European Contract...... Law by way of a code on Contracts. In both these regions however the absence of a code causes problems. In England a prominent writer has found that the major weakness of the judge-made law is its immense diffusion and the consequent difficulty of access to it and the Nordic countries face the same...

  17. Reconfiguring trade mark law

    DEFF Research Database (Denmark)

    Elsmore, Matthew James

    2013-01-01

    -border setting, with a particular focus on small business and consumers. The article's overall message is to call for a rethink of received wisdom suggesting that trade marks are effective trade-enabling devices. The case is made for reassessing how we think about European trade mark law.......First, this article argues that trade mark law should be approached in a supplementary way, called reconfiguration. Second, the article investigates such a reconfiguration of trade mark law by exploring the interplay of trade marks and service transactions in the Single Market, in the cross...

  18. Business Law, Europe

    DEFF Research Database (Denmark)

    Fomcenco, Alex; Werlauff, Erik

    This book is a must-have for any business advisor that operates on a cross-border level in the European Union, EU. Regardless of whether you already have solid knowledge about doing business in the EU or you are just taking your first steps on this corporate scene, Business Law, Europe should...... be the book within your reach. We call it “Our Corporate Bible”. In an easily comprehendible way we address some of the most essential issues of business law, and provide guidelines and clarity for understanding and proper application of the legal provisions that govern business law in Europe....

  19. Anomalous law of cooling

    Science.gov (United States)

    Lapas, Luciano C.; Ferreira, Rogelma M. S.; Rubí, J. Miguel; Oliveira, Fernando A.

    2015-03-01

    We analyze the temperature relaxation phenomena of systems in contact with a thermal reservoir that undergoes a non-Markovian diffusion process. From a generalized Langevin equation, we show that the temperature is governed by a law of cooling of the Newton's law type in which the relaxation time depends on the velocity autocorrelation and is then characterized by the memory function. The analysis of the temperature decay reveals the existence of an anomalous cooling in which the temperature may oscillate. Despite this anomalous behavior, we show that the variation of entropy remains always positive in accordance with the second law of thermodynamics.

  20. Business Law, Europe

    DEFF Research Database (Denmark)

    Fomcenco, Alex; Werlauff, Erik

    This book is a must-have for any business advisor that operates on a cross-border level in the European Union, EU. Regardless of whether you already have solid knowledge about doing business in the EU or you are just taking your first steps on this corporate scene, Business Law, Europe should...... be the book within your reach. We call it “Our Corporate Bible”. In an easily comprehendible way we address some of the most essential issues of business law, and provide guidelines and clarity for understanding and proper application of the legal provisions that govern business law in Europe....

  1. The Author as Agent of Information Policy: The Relationship between Economic and Moral Rights in Copyright

    Science.gov (United States)

    Wilkinson, Margaret Ann; Gerolami, Natasha

    2009-01-01

    A historical and theoretical analysis of the copyright environment demonstrates that both the economic rights associated with copyright and the moral rights often associated with copyright perform social functions. The latter have not been as universally embraced or adopted as the former. The lack of enthusiasm for moral rights is argued to be…

  2. 26 CFR 514.5 - Patent and copyright royalties and film rentals.

    Science.gov (United States)

    2010-04-01

    ... 26 Internal Revenue 19 2010-04-01 2010-04-01 false Patent and copyright royalties and film rentals...) REGULATIONS UNDER TAX CONVENTIONS FRANCE Withholding of Tax § 514.5 Patent and copyright royalties and film rentals. (a) Exemption from tax. Royalties for the right to use copyrights, patents, designs,...

  3. 7 CFR 1280.231 - Patents, copyrights, inventions, product formulations, and publications.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Patents, copyrights, inventions, product formulations... Information Order Miscellaneous § 1280.231 Patents, copyrights, inventions, product formulations, and publications. (a) Any patents, copyrights, inventions or publications developed through the use of...

  4. 7 CFR 1212.62 - Patents, copyrights, inventions, product formulations, and publications.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Patents, copyrights, inventions, product formulations... Information Order Promotion, Research, and Information § 1212.62 Patents, copyrights, inventions, product... invention, any patents, copyrights, inventions, product formulations, or publications developed through...

  5. 26 CFR 509.110 - Patent and copyright royalties and film rentals.

    Science.gov (United States)

    2010-04-01

    ... 26 Internal Revenue 19 2010-04-01 2010-04-01 false Patent and copyright royalties and film rentals... (CONTINUED) REGULATIONS UNDER TAX CONVENTIONS SWITZERLAND General Income Tax § 509.110 Patent and copyright... copyrights, artistic and scientific works, patents, designs, plans, secret processes and formulae,...

  6. 7 CFR 1219.57 - Patents, copyrights, trademarks, publications, and product formulations.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Patents, copyrights, trademarks, publications, and..., and Information Order Budgets, Expenses, and Assessments § 1219.57 Patents, copyrights, trademarks, publications, and product formulations. (a) Any patents, copyrights, trademarks, inventions,...

  7. The Texaco Copyright Case: Step Two on the Way to the Supreme Court.

    Science.gov (United States)

    Ebbinghouse, Carol

    1995-01-01

    Reviews developments in the Texaco v. American Geophysical Union copyright case that involves photocopying scientific journal articles for researchers. Highlights include the Copyright Clearance Center role; fair use; purpose of the use, i.e., commercial or nonprofit; the nature of the copyrighted work; amount copied; and effect on the potential…

  8. 78 FR 61337 - Request for Comments on Department of Commerce Green Paper, Copyright Policy, Creativity, and...

    Science.gov (United States)

    2013-10-03

    ... Request for Comments on Department of Commerce Green Paper, Copyright Policy, Creativity, and Innovation... on Copyright Policy, Creativity, and Innovation in the Digital Economy (Green Paper) released on July... Commerce's Internet Policy Task Force (Task Force) released Copyright Policy, Creativity, and Innovation in...

  9. F-generation law and recognition of system law

    Institute of Scientific and Technical Information of China (English)

    Shi Kaiquan; Yao Bingxue

    2007-01-01

    If a system is not disturbed (or invaded) by some law, there is no doubt that each system will move according to the expected law and keep stable. Although such a fact often appears, some unknown law breaks into the system and leads it into turbulence. Using function one direction S-rough sets, this article gives the concept of the F-generation law in the system, the generation model of the F-generation law and the recognition method of the system law. Function one direction singular rough sets is a new theory and method in recognizing the disturbance law existing in the system and recognizing the system law.

  10. Legal Liability in Environmental Law

    Directory of Open Access Journals (Sweden)

    Ion RUSU

    2011-11-01

    Full Text Available As a member of the European Union and of other regional and world organizations responsible for global environmental protection, Romania has adopted internally a set of measures aimed at protecting the environment. In this paper we conducted a general review of the developments of the way of legal defense of the most important environmental values at international and national level, with an emphasis on internal legal rules. We also examined briefly the civil, administrative, and criminal liability of individual and legal entity that violates the current environmental laws. Our research regards the means by which there are protected by the rules of law the main values of the environment, by examination and critical remarks. The results of the research presented at the conclusions, highlight the need to harmonize the national legislation with the European one and the need to amend and supplement the New Criminal Code with a special chapter covering major environmental offenses. The study is useful for those who carry out their activity in this domain, especially professors and students of the law faculty

  11. Energy law and the environment

    Energy Technology Data Exchange (ETDEWEB)

    Rosemary Lyster; Adrian Bradbrook [University of Sydney, Sydney, NSW (Australia)

    2006-08-15

    The current unsustainable practices worldwide in energy production and consumption have led to a plethora of environmental problems. Until recently environmental law largely overlooked the relevance of energy production and consumption; energy was seen to be of little significance to the advancement of sustainable development. This has changed since 2000 with the global concern attached to climate change, the publication by the United Nations of the World Energy Assessment and the detailed consideration given to this issue at the World Summit on Sustainable Development in Johannesburg in 2002. Australia has been seen to be lagging behind the other major industrialised nations of the world in addressing sustainable energy issues. Contents are: Overview of energy production and use in Australia; 2. Energy technologies and sustainable development; 3. Energy, international environmental law and sustainable development; 4. Evaluating Australian government initiatives relating to energy, climate change and the environment; 5. Sustainable energy in the Australian electricity and gas sectors; 6. State government initiatives relating to energy and the environment; 7. A sustainable energy law future for Australia. 2 apps.

  12. The LSU Law Center -- Canada Bijuralism Conference. Introduction: Global Law and the Law School Curriculum.

    Science.gov (United States)

    Costonis, John J.

    2002-01-01

    Introduces papers from a conference focused on the bijural programs of Louisiana State University Law Center and McGill University Faculty of Law. The programs educate all first-degree law students in both the common law and civil law traditions, preparing them for the increasing globalization of legal practice. (EV)

  13. Law and the brain: introduction.

    Science.gov (United States)

    Zeki, Semir; Goodenough, Oliver

    2004-11-29

    Combining law and the brain as a matter for study requires the integration not just of two apparently remote fields of study but also of two profoundly different orientations towards research and study. We believe that, in spite of the difficulties, such a combination, perhaps even emerging in a new specialized discipline in the future, will not only enrich both fields but is the ineluctable consequence of the current assault on the secrets of the brain. The effort to bring the fields together is therefore a worthy task, and this issue is the first systematic effort to test this expectation.

  14. "The ladder of the law has no top and no bottom": how therapeutic jurisprudence can give life to international human rights.

    Science.gov (United States)

    Perlin, Michael L

    2014-01-01

    In the past two decades, therapeutic jurisprudence (TJ) has become one of the most important theoretical approaches to the law. But, there has, as of yet, been puzzlingly little written about the relationship between TJ and international human rights law. To be sure, there has been some preliminary and exploratory work on the relationship between TJ and international law in general, but virtually nothing on its relationship to international human rights law in a mental disability law context. This paper seeks to focus on this lack of consideration, to speculate as to why that might be, and to offer some suggestions as to how to infuse some new vitality and vigor into this important area of law and social policy. In this article, first, I offer a brief explanation of TJ. Next, I discuss, also briefly, the impact (and the potential future greater impact) of the recently-ratified United Nations Convention on the Rights of Persons with Disabilities (CRPD) on this area. Then, I consider the sparse commentary currently available on the intersection between TJ and international law in general, and will speculate as to why this is so sparse. Then, I offer some thoughts as to the TJ/international human rights law connection, looking specifically at three questions that require far more attention from this perspective (access to counsel, the use of state-sanctioned psychiatry as a tool of political oppression, and the potential redemptive power of the CRPD), and describe a research agenda that scholars might turn to in furtherance of the investigation of the relationships between therapeutic jurisprudence, international human rights law and mental disability law. I conclude by calling on scholars, activists, advocates and practitioners to begin to take this connection seriously in their future work. Copyright © 2014 Elsevier Ltd. All rights reserved.

  15. Lawful Permanent Residents - Annual Report

    Data.gov (United States)

    Department of Homeland Security — A lawful permanent resident (LPR) or 'green card' recipient is defined by immigration law as a person who has been granted lawful permanent residence in the United...

  16. New Technologies, New Problems, New Laws.

    Science.gov (United States)

    Recupero, Patricia R

    2016-09-01

    Forensic psychiatrists in the 21st century can expect to encounter technology-related social problems for which existing legal remedies are limited. In addition to the inadequate protection of adolescents using social media as outlined by Costello et al., current laws are often poorly suited to remedy problems such as cyberharassment, sexting among minors, and the publication of threatening or harmful communications online. Throughout history, technological developments have often preceded the introduction of new laws or the careful revision of existing laws. This pattern is evident in many of the newer social problems that involve technology, including cyberbullying, online impersonation, and revenge porn. As specialists working at the intersection of human behavior and the law, forensic psychiatrists are uniquely situated to help legal professionals and others understand the impact of internet-related problematic behaviors on victims and, perhaps, to assist in the development of new legal remedies that are better tailored to our increasingly digital society.

  17. Environmental and energy law

    National Research Council Canada - National Science Library

    Makuch, Karen E; Pereira, Ricardo, Dr

    2012-01-01

    "Environmental & Energy Law attempts to bridge the knowledge gap between legal developments designed to achieve environmental and/or energy-related objectives and the practical, scientific and technical...

  18. The "Natural Law Tradition."

    Science.gov (United States)

    Finnis, John

    1986-01-01

    A discussion of natural law outlines some of the theory and tradition surrounding it and examines its relationship to the social science and legal curriculum and to the teaching of jurisprudence. (MSE)

  19. Causal Newton Gravity Law

    CERN Document Server

    Zinoviev, Yury M

    2012-01-01

    The equations of the relativistic causal Newton gravity law for the planets of the solar system are studied in the approximation when the Sun rests at the coordinates origin and the planets do not iteract between each other.

  20. law - the Zambian experience

    African Journals Online (AJOL)

    secondly to consider the quest for enacting a freedom of information law in ... Zambia; and thirdly, to highlight the principles of the Freedom of Information. Bill that was ..... contract negotiations, or place them at a competitive disadvantage.