Search results

1 – 10 of over 17000
Article
Publication date: 13 August 2008

Ali Abdulla

This paper aims to give a snapshot of the copyright and neighboring rights law of the United Arab Emirates (UAE), illustrating the provisions governing the law. It seeks to frame…

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Abstract

Purpose

This paper aims to give a snapshot of the copyright and neighboring rights law of the United Arab Emirates (UAE), illustrating the provisions governing the law. It seeks to frame UAE copyright provisions within the context of the principles of copyright and the structure of international copyright protection.

Design/methodology/approach

The article begins with an overview of copyright laws. It highlights the central issues of concern to education, librarianship, and scholarship, depicting the complexity that the digital era has brought on copyright doctrines. It then explains the exclusive rights granted under the law, showing its orientation toward the civil law tradition with its emphasis on moral rights.

Findings

The author observes that a key effort to making practical sense of copyright in this region entails educating key communities, and emphasizing the importance of copyright limitations and exceptions pertaining to educational institutions and libraries. He advocates for applying copyright to the advantage of academic and research communities, and offers strategies strengthening the right of use in favor of these communities. Understanding the concepts and principles of copyright will make these communities proponents of sound copyright policies that will safeguard the promotion of learning and the right of public access, while still protecting intellectual property rights.

Originality/value

There has not been any discussion in the library literature on copyright in the UAE and other Gulf Cooperation Council (GCC) members – Bahrain, Kuwait, Oman, Saudi Arabia, and Qatar. Therefore, this case study of the UAE copyright and neighboring rights law aims to provoke such discussion. It should be useful to the whole library community, and particularly those in the UAE and other GCC countries.

Details

Library Management, vol. 29 no. 6/7
Type: Research Article
ISSN: 0143-5124

Keywords

Article
Publication date: 1 June 1989

Howard Johnson

The purpose of this monograph is to examine the main elements of the Copyright Designs & Patents Act 1988 which received the Royal Assent on the 15th November 1988. The Act…

Abstract

The purpose of this monograph is to examine the main elements of the Copyright Designs & Patents Act 1988 which received the Royal Assent on the 15th November 1988. The Act provided for a major overhaul of the law on copyright and on registered designs, as well as certain adjustments to patent and trademark law and two major new regimes on performers' rights and design rights. While this is a major domestic reform the law is unlikely to remain unaltered for long because of the move towards a single market within the E.E.C. by 1992. This will lead to the introduction of harmonised regimes on the various elements of intellectual property law such as copyright and industrial design which will no doubt require some readjustment to U.K. domestic law. Recently the E.E.C. Commission published a Green Paper on “Copyright and the Challenge of Technology” which suggests solutions to some questions such as the vexed problem of illegal home taping which are different to those adopted by the U.K. in the new Act. [On 21/12/88 a draft directive on Copyright & Computer Software which proposes a harmonised regime for the protection of computer programs and related matters was published]. It also has to be borne in mind that while Article 222 of the Treaty of Rome states that the treaty does not affect the existence of national intellectual property right regimes the “exercise” of these national rights may be found to infringe the provisions of the Treaty on free movement of goods (Arts. 30–36) or on competition law (Arts. 85–86).

Details

Managerial Law, vol. 31 no. 6
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 4 February 2014

Afida Mastura Muhammad Arif

This paper aims to explore the copyright laws of Saudi Arabia, illustrating the provisions governing the law. It seeks to outline Saudi Arabia copyright law within the framework…

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Abstract

Purpose

This paper aims to explore the copyright laws of Saudi Arabia, illustrating the provisions governing the law. It seeks to outline Saudi Arabia copyright law within the framework of the international copyright protection, which include the Berne Convention and the TRIPS agreement.

Design/methodology/approach

The paper is a thorough scrutinizing of the legal provisions of the Saudi Copyright Laws in regard to protected works, author's exclusive rights, lawful use of copyrighted works and the exceptions, mandatory licenses, duration of protection, provisions of infringements and penalties. The highlighted issue is concerning the exceptions in regard to public interest, particularly relating to education purposes.

Findings

The paper finds that the Saudi Arabia Copyright Laws have met the requirement of the international copyright laws. The conditions for mandatory license and the 12 exceptions which permit lawful usage of copyrighted work under the copyright law without seeking the permission of the author are also in line with the international copyright laws, as public interest is the paramount consideration in exercising these exceptions.

Originality/value

There is lack of study on copyright law in the Saudi Arabia per se. Therefore, this study on the Saudi Arabia copyright laws seeks to fill in this gap and to provoke further discussion on this issue. It should be useful to the academic community, particularly in the Saudi Arabia and the Gulf Cooperation Council countries.

Details

International Journal of Law and Management, vol. 56 no. 1
Type: Research Article
ISSN: 1754-243X

Keywords

Open Access
Article
Publication date: 28 November 2022

Kodama Haruo

The purpose of this paper is to investigate the legal issues of simultaneous Internet transmission of broadcasting programs of the Open University of Japan (OUJ) and to take legal…

Abstract

Purpose

The purpose of this paper is to investigate the legal issues of simultaneous Internet transmission of broadcasting programs of the Open University of Japan (OUJ) and to take legal measures to promote the mutual utilization of open university courses in Japan, the UK, China and Korea.

Design/methodology/approach

The author examines the legal relationship regarding Internet simultaneous distribution of broadcast courses at the OUJ. The author then considers the legal relationship between the UK, China and South Korea regarding the simultaneous transmission of broadcast courses over the internet. Based on that consideration, this paper clarifies legal measures to promote its utilization.

Findings

Internet transmission of broadcasting courses will be webcasting. Arguably, it can be assumed to be streaming and on-demand, albeit controversial. Webcasting will be publicly transmitted, but there is only an on-demand provision for Internet transmission. As webcasting is streaming and on-demand, it involves reproduction of broadcasting courses. Therefore, webcasting needs to provide streaming provision for public transmission rights and associate them with reproduction right.

Originality/value

The originality of this paper lies in clarifying the legal response of the object, subject and rights of webcasting from the perspective of the OUJ, in order to dispel legal problems that may arise in the future against this unexplored phenomenon. Additionally, this paper is valuable in that it presents legal consistency from the point of view of the comparative laws of Japan, the UK, China and South Korea, based on an examination of the legal response in Japan.

Details

Asian Association of Open Universities Journal, vol. 17 no. 3
Type: Research Article
ISSN: 1858-3431

Keywords

Article
Publication date: 19 October 2010

Stephen Mulhaney‐Clements

This paper aims to investigate the potential impacts that differences between UK and US copyright laws for sound recordings have on musicians. It also highlights the needs for…

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Abstract

Purpose

This paper aims to investigate the potential impacts that differences between UK and US copyright laws for sound recordings have on musicians. It also highlights the needs for continued standardisation of international copyright laws (particularly those for sound recordings), copyright law education for creators, and a need for musicians to re‐think future artistic and managerial decisions.

Design/methodology/approach

In this critical analysis of current academic literature and legislation, significant differences between the domestic copyright laws of the UK and USA have been identified. The impacts of these differences on musicians are discussed and conclusions drawn.

Findings

Findings suggest that there are several significant differences between the UK and US copyright laws for sound recordings, which do impact on musicians in both countries. However, determining the degree of impact is dependent on several contributing factors: the nationality of the musician; the level of success of the musician; the creative roles adopted by the musician; and the ambition of the musician.

Research limitations/implications

Research scope was limited to the domestic copyright laws of the UK and USA only; and, specifically, the copyright laws for sound recordings. Findings were generalised for all musicians, regardless of type or genre.

Originality/value

This paper is one of the first to investigate the impact of differences in domestic copyright laws on musicians, and identifies several strategy issues that must be considered by musicians when making future artistic and managerial decisions.

Details

Management Decision, vol. 48 no. 9
Type: Research Article
ISSN: 0025-1747

Keywords

Article
Publication date: 1 August 2002

Lubka Tchankova

In this paper risk identification is investigated as a basic stage in risk management. The risk identification phase as the first stage in the risk management process is presented…

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Abstract

In this paper risk identification is investigated as a basic stage in risk management. The risk identification phase as the first stage in the risk management process is presented and its leading role for effective risk management is proved. The basic terms that are necessary for building of the frame approach for risk identification are defined: sources of risk‐hazard, factor‐peril‐resources exposed to risk. A classification of risk sources – physical, social, political, operational, economic, legal and cognitive environment – is proposed. It allows covering all types of risk facing the organisation. A grouping of the resources exposed to risk such as physical, human, and financial resources is introduced. It is based on a practical consideration of the risk situations in the organisations.

Details

Environmental Management and Health, vol. 13 no. 3
Type: Research Article
ISSN: 0956-6163

Keywords

Book part
Publication date: 14 August 2015

Abraham Drassinower

The concept of user rights in copyright law has clear affinities with the concept of copyright scope. The scope of an author’s entitlement over her work is lessened in proportion…

Abstract

The concept of user rights in copyright law has clear affinities with the concept of copyright scope. The scope of an author’s entitlement over her work is lessened in proportion to the extent to which we assert that users, too, have rights. Yet user rights have profound implications not only with regard to copyright scope but also with regard to copyright subject matter. User rights implicate not only the scope of an author’s entitlement, but also the very nature of her work. Integrating user rights into copyright jurisprudence requires that a work of authorship be conceived not as an intangible commodity or metaphysical chattel, but as an act of speech performed by its author. The proposition that user rights are integral to copyright law makes sense only if we regard authors as speakers, and works of authorship as acts of communication.

Details

Special Issue: Thinking and Rethinking Intellectual Property
Type: Book
ISBN: 978-1-78441-881-6

Keywords

Article
Publication date: 1 July 2006

Tamara Eisenschitz

To explore moral rights laws in Europe and their effects on publication contents.

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Abstract

Purpose

To explore moral rights laws in Europe and their effects on publication contents.

Design/methodology/approach

Conceptual analysis of legislation, cases and information resources which illustrate effects of law.

Findings

There are three main types of moral right. They effect: authorship and reputation concerning correction of errors and history of ideas; elucidation of ideas through parody: is a reputation being unduly attacked?; the creative extension of cultural content by its readership/audience: when is this legitimate?

Practical implications

These features link the property concept of knowledge with a human‐rights construct of content defined via personality.

Originality/value

Choices of regulation affect the balance between property and personality approaches which determine access to knowledge and culture. The IS community needs awareness of its choices.

Details

Aslib Proceedings, vol. 58 no. 4
Type: Research Article
ISSN: 0001-253X

Keywords

Article
Publication date: 1 March 2005

Michael Seadle

This column looks at which rights matter, how to retain them, and which journal publishers already cooperate.

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Abstract

Purpose

This column looks at which rights matter, how to retain them, and which journal publishers already cooperate.

Design/methodology/approach

It uses the requirements of the Berlin Declaration on Open Access, and examines the Creative Commons licences, the SPARC addendum, the project RoMEO list publishers' copyright policies, and the Emerald Journal Article Record form.

Findings

If retaining rights to works in order to provide open access is a key part of the solution to the crisis in scholarly publishing, then significant progress has taken place.

Practical implications

It remains to be seen whether having authors retain the right to provide open access will, over time, bring down journal costs. Enough publishers have cooperated that an opportunity now exists for repositories to begin to show what they can (or cannot) accomplish.

Originality/value

It remains to be seen whether having authors retain the right to provide open access will, over time, bring down journal costs.

Details

Library Hi Tech, vol. 23 no. 1
Type: Research Article
ISSN: 0737-8831

Keywords

Book part
Publication date: 14 August 2015

Liam Séamus O’Melinn

This paper argues that the revolution in intellectual property rights is not forward-looking, but backward looking, and that it is not consonant with the purposes of the patent…

Abstract

This paper argues that the revolution in intellectual property rights is not forward-looking, but backward looking, and that it is not consonant with the purposes of the patent and copyright clause. It is animated by the theory of common law copyright, which deliberately reconceptualizes social relations in order to recast them as property, and which has been with us for centuries. This paper investigates the “mythology of common law copyright,” showing how this reconceptualization has worked both historically and in the present day to push the law in a direction that is ostensibly author-centered, but is actually focused on the rights of intermediaries.

Details

Special Issue: Thinking and Rethinking Intellectual Property
Type: Book
ISBN: 978-1-78441-881-6

Keywords

1 – 10 of over 17000