The provision of adequate rewards to creators of works is considered to be dependent in modern times upon the adequate recognition and enforcement of the rights given to those creators by copyright law…
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Thus all national copyright laws to a greater or lesser extent attempt to balance recognition and enforcement of copyright against broader interests and needs. International copyright law has recognised the need for this balance but the exact nature of the appropriate balance has been contentious. The nature of the balance envisaged in the Berne Convention may well have been different from that envisaged in subsequent legislation and this essay will begin by defining the dimensions of that balance. It will then proceed to consider the changes in international copyright law brought about by the TRIPS Agreement and the WIPO Copyright Treaty to establish whether the balance as now recognised in international copyright law is different from that originally recognised by the Berne Convention.
Article 13 of TRIPs illustrates the essence of the Berne Convention and TRIPs, which is that the copyright holder's rights cannot be derrogated from except in special circumstances in the public interest. However, the test is very strict whereby the rights of the artist are paramount in the Berne Convention where it it widely accepted that the copyright holder and the artist was one and the same. ...
copyright holder is frequently not the artist because the caopyrights are owned by the employer, agent or company that commissions the individual's work. Therefore TRIPs focuses on the economic rights of the copyright holder and ignores the moral rights of the artist. Public interest rights in both of these conventions are ignored except for the cases of academic interest. It is not deemed as important that communal and indigenous rights should be protected or materials that are valuable to the development of the greater good of the community. This is especially so in the developing countries, where licenses and permissions for copyrighted material need to be obtained to educate and fund the development of their citizenry. The WIPO Copyright Treaty in many ways has been introduced to protect public interest rights and limit the copyright holder's rights, but in a balance with the moral rights of the artist. It still focuses too much on economic rights, but it is a move in the right direction.
"Libraries will continue to play a critical role in ensuring access for all in the information society. Properly functioning national and international networks of library and information services are critical to the provision of access to information. Traditionally, libraries have been able to provide reasonable access to the purchased copies of copyright works held in their collections. However, if in future all access and use of information in digital format becomes subject to payment, a library's ability to provide access to its users will be severely restricted."1
Intellectual Property needs to understand that there are public interest rights as it deals with a variety of areas, stemming from inventions through to ideas and artistic writings and pictures. In relation to
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The ‘work made for hire’ rule constitutes an exception to the general rule that copyright ownership naturally belongs to the author or creator of that work, implying that in such cases, the employer or the person for whom the work is done or created for is deemed the copyright owner of the work.
Some markets have seen victors; for example, TCP/IP is the Internet communication protocol, MP3 appears to be dominating music compression, and Microsoft Corporation's Windows ("Windows") is clearly the standard operating system.
Similarly, the Internet must adopt a standard for web browsing and searching, for email, and for web programming.
In this fast digital age where Ctrl+C and Ctrl+V are used extensively, the copyright laws of all the photographers are ignored who are attached to their photographs emotionally or consider them as potential source of income. This is mainly because internet these days is considered as "free", which to its users means that everything published on the internet is free for downloading, using and sharing.
An important example of this is the peer-to-peer file sharing system of copyrighted music. The Napster and Grokster cases are a good illustration of the legal response of the industries .The copyright industries themselves have responded with new business strategies by providing legal download services.1
Software piracy has proliferated to a great extent, due to latest tools that are easily available. At this juncture, it is very important to protect the rights of owners of such software or any other form of creative work.
llectual property law in the first instance based on my penchant for learning would patent themselves in with my personal vocation of working for the entertainment industry.The fundamental reason for choosing this topic was that having searched literature I found that very few
This is a qualitative research hence no numbers or graphs are included. It is an exploratory research which is based on the analysis and observations of published literature (i.e. secondary resource) hence the numbers, graphs and other
, fostering collection and analytic transformation, Leadership in technological acquisition and building, modernizing of business practices, accelerating the process of information sharing and clarification of the department of national intelligence authorities. This paper
he provisions of Article 5 of Directive 93/98/EEC1, which provides that the need for the protection laid down by the Berne Convention was to provide protection of the author and the first two generations of his descendants. The establishment of the copyright protection is meant
Should an individual act in a manner likely to encourage infringement of copyrights laws, she or she is liable as stated in the copyright Act (Holzmann, 1995). Inducement of infringement by abetting aid is punishable under the Act. Actions likely to abet infringement include
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