Thesis (M.I.S.) - University of KwaZulu-Natal, Pietermaritzburg, 2009. / Full text also available online. Scroll down for electronic link.

Thesis--Wisconsin. / Includes bibliographical references (leaves 153-160).

Thesis (Ph. D.)--Saint Louis University, 1996. / Includes vita and abstract. Includes bibliographical references (leaves 130-132).

Boston University. University Professors Program Senior theses. / PLEASE NOTE: Boston University Libraries did not receive an Authorization To Manage form for this thesis. It is therefore not openly accessible, though it may be available by request. If you are the author or principal advisor of this work and would like to request open access for it, please contact us at open-help@bu.edu. Thank you. / 2031-01-02

LL.M.

The thesis starts in Chapter 1 by providing the background to the development of the Thai copyright exceptions and the prospective Thai-US Free Trade Area (FTA) Agreements. In Chapter 2, I identify three major problems which arise from the inappropriate and unclear educational exceptions of the Thai CA 1994. The first problem is that the copyright law and its exceptions cannot effectively protect the economic interest of copyright owners but rather reduce the effectiveness of the copyright protection regime in Thailand as a result of three factors: the unclear educational exceptions; the problematic approaches to the copyright exceptions of the Thai IP Court; and the lack of a copyright collecting society (CCS) and a licensing scheme system in the Thai education sector. The second problem is that the Thai educational exceptions do not properly protect the moral right to be recognized as the author of the work in both the general and digital contexts. Finally, they do not support the long-distance education and lifelong learning policy of the Thai government as well as preventing educational institutions, teachers and students from the benefit of new digital technologies. The thesis recommends that the following tasks be carried out in order to solve the above problems. First, reforms must be made to the educational exceptions in the Thai CA 1994 in order to make them more restrictive and limited than at present. For instance, a clear limitation, a prohibition on multiple reproductions, and a requirement of sufficient acknowledgment must be inserted into the educational exceptions of the Thai CA 1994. Second, I recommend the introduction of digital copyright provisions on Technological Protection Measures (TPMs) and Electronic Rights Management Information (RMIs) into the Thai copyright system. This is necessary in order to ensure that educational materials can be made readily available online for distance education purposes with appropriate protection. These can also protect the economic interests of copyright owners in the digital environment by ensuring that only authorised persons access educational materials, not the public in general. Nevertheless, it is also necessary to ensure that non-infringing uses for educational purposes provided in the copyright exceptions of the Thai CA 1994 will be exempted from the violation of the prospective TPM and RMI provisions. Third, I argue that legislative reform to the educational exceptions and the introduction of the TPM and RMI provisions alone cannot completely solve the problem because the increased numbers of copyright infringements in the Thai education sector result from both the unclear exceptions and the lack of a CCS. Thus, the reforms of the exceptions and the introduction of new law must be carried out together with the establishment of the CCS and a licensing scheme system in the Thai education sector. Nevertheless, the establishment of the CCS without any legal controls upon its activities would result in further problems, so I contend that such establishment must be done together with the introduction of a regulation and a governmental body to prevent the CCS from abusing its licensing scheme or its powers in an anticompetitive way. Finally, the thesis points out several useful lessons arising from the study of the Thai copyright exceptions which could benefit global copyright protection and other countries. I have sought to state the law as it stood at the end of September 2010.

No description available.

The study deals with the various aspects of the copyright protection on the Internet in the selected EU countries. It provides an overview of the situation in the European Union, Sweden, Germany and the Czech Republic. The research enables to identify variables influencing the level of internet piracy from different points of view with emphasis on the application for the businesses.

The reception of copyright in the English common law in the eighteenth century provides a unique opportunity to study the jurisprudential concept of property rights at a moment of change. While copyright, or to use the contemporary term, the "right of copy", had been in the process of development since the introduction of the printing press into England in 1476, it was not until 1709 that Parliament enacted the first copyright statute, the Statute of Anne 8 Anne, c. 19. Sixty years later in Millar v. Taylor 4 Burr 2303, 98 Er 202, the Court of King's Bench considered the nature and purpose of copyright for the first time. The case arose in the course of the "literary property debate", a commercial struggle between rival booksellers for predominance in the emerging book trade. This paper proceeds through a detailed study of the genesis and theoretical background of Millar v. Taylor to address two questions: (1) in what sense did copyright constitute a "new property" in the common law, and how did it contribute to a conceptual change in property rights; (2) how did English courts conceive of "authorship" during the evolution of copyright, and how, in turn, did copyright as it emerged from the literary property debate alter the role of the author ? The judgments of Justice Joseph Yates and of William Murray, Lord Mansfield, offered particular insights into each of these questions. Justice Yates, in dissent, perceived that copyright posed a challenge to traditional property theory, especially to arguments grounded in natural law. As its subject matter was the intangible of literary ideas and expression, he argued the need for limits to be imposed on copyright in the interests of the public domain. The property right could not be derived from value, as it was the right itself which created value. Lord Mansfield adopted a natural law approach, but located it largely in the personal, as opposed to proprietary, interests which copyright served. The author's interests in privacy and in controlling the product of his intellectual labour formed, for him, a principal justification for the property right. The paper explores these ideas, first, by giving a close reading to the precedent cited in Millar v. Taylor (1769), and tracing back through precedent cited therein to the roots of intellectual property in English law. Second, the insights of Justice Yates and Lord Mansfield are taken forward through subsequent developments in legal theory and copyright. In particular, the recognition, which followed Millar v. Taylor and vindicated Justice Yates' position, of copyright as a statutory property designed and limited by political choice is shown as characterising the leading theoretical approaches to property rights-- including utilitarian, Realist and critical approaches—which now predominate in jurisprudence. Further, Lord Mansfield's understanding of the dual purpose of copyright is examined in relation to a personhood justification of property, and in terms of the evolution of copyright as a property regime for protecting factual works of information, and fictional works of imagination. The paper endeavours to highlight both the concern for public domain and for personal interests of authors which had such significance in the early development of copyright. / Law, Peter A. Allard School of / Graduate

Seminario realizado los días miércoles 25 y jueves 26 de julio de 2018, desde la 23 Feria Internacional del Libro de Lima. / Conferencia realizada en el Seminario de la OMPI en Gestión del Derecho de Autor en la Industria Editorial en la Era Digital El Seminario en Gestión del Derecho de Autor en la Industria Editorial en la Era Digital, permitirá conocer de cerca los nuevos desafíos que afronta la industriad editorial en el nuevo entorno digital y los nuevos modelos de negocios que se plantean. Así como compartir la nueva iniciativa de la OMPI para el Círculo de editores, a fin de promover lazos de cooperación e identificar los mayores problemas que afrontan los editores locales y el tipo de cooperación que necesitan.