Thesis (M.Soc.Sc.)--University of Hong Kong, 1989. / Cover title. Also available in print.

This thesis considers the various perspectives of universities, academic staff and publishers to the copyright ownership of teaching and research outputs produced by UK universities, with a particular focus on how this affects the provision of online and/or open access to those outputs by university libraries. It presents ten papers written over a twenty year time frame that consider these issues within the context of a number of practitioner research projects and demonstrate how practices are changing over time. The papers employ a range of methodologies including questionnaire surveys, comparative design studies, interviews and content analyses. The key findings relating to research outputs (the scholarly royalty-free literature) are that rights are still mainly relinquished to academic staff by UK HEIs, although some HEIs are beginning to assert the right to re-use those works in various ways. Whilst academics are relied upon to either retain copyright or communicate their HEI s copyright policy terms to publishers, in most cases they (reluctantly) assign copyright to publishers. Publishers are increasingly allowing green open access to their scholarly works in some form, but under a growing array of restrictions and conditions principally embargo periods. Publishers terms of re-use for such works (when made explicit) are often restrictive, however most academics would be happy for their works to be re-used non-commercially as long as their moral rights remain protected. This situation creates challenges for both Institutional Repository Managers and copyright clearance staff in Libraries to manage access to, and re-use of, these outputs. The key findings relating to teaching outputs are that copyright mainly lies with HEIs although there are signs that HEIs are moving towards a shared ownership position through licensing. Academics seem to expect some degree of shared ownership, but as with research outputs, are principally concerned that their moral rights are protected. UK HEI copyright policies in this area are fledgling and do not comprehensively address either moral rights issues or other key copyright issues pertaining to OERs. Failure of universities to address these issues is impacting on the motivation of academics to share OERs.

The Internet and copyright - the scope of liability of individual parties involved and modes of protection against piracy Abstract The main aim of this thesis is to evaluate the extension of Internet piracy as well as to determine which subjects are liable for the unlawful sharing of files and copyright protected works by using different platforms. I have decided to write about this topic primarily because of the persisting phenomenon of Internet piracy and copyright infringement. In this thesis I am proposing some ideas which could help to fight Internet piracy. I am also considering current EU legislation and the EU case-law regarding copyright on the Internet. The thesis is divided into eleven chapters, which include sub-chapters. The opening chapter introduces the reader to the piracy phenomenon and copyright infringement. The following chapters deal with the evolution of the Internet in the world in general and in the Czech Republic specifically. The third chapter describes copyright in cyberspace. Further, I consider the relevant international law, legal sources of copyright in the EU and the copyright legislation in the Czech Republic, including the protection against administrative offences in the field of copyright and criminal offences. The fourth chapter highlights specific examples of liability...

My work deals with the issue of liability of individual parties in the internet, especially the liability for making the work protected by copyright available to the public and downloading it from the internet, and with internet piracy, which is closely connected with this issue. Its aim is to define the liability of the parties in the light of present development of the internet and currently used services and platforms, to illustrate the issue of internet piracy and to suggest the most effective ways to solve such phenomenon today. This is based both on statutory provisions and on the case-law of the Czech courts and, in particular, on the Court of Justice of the European Union. In the first part of the thesis I introduce readers to basic institutes of copyright, I deal with the subject of copyright protection and the exceptions from it. I discuss in particular the conditions of free use of the work which I consider to be the fundamental institute connected with the topic of my work. In the second part I deal with making the work available on the Internet, first I describe what is meant by "making the work available to public", later I distinguish between the liability for making available the own content and the other people's content. In the context of the other's content, I especially address...

The Internet and Copyright - the Scope of Liability of Individual Parties and Ways of Protection against the Piracy Abstract The aim of this thesis is to provide a comprehensive view of selected issues related to the internet, including both the technical and legal view, and copyright, including it`s history within the European continent. The thesis also deals with the liabilitiy of individual parties involved with the emphasis on the liability of the information service providers. This chapter also includes an assessment of existing national and European legislation in the light of settled case law of European courts. In conclusion, the current internet piracy practices are mentioned, including it`s further direction, institutions dealing with anti-piracy activities and reflection on the effective fight against this kind of infringement. The thesis is therefore divided into four chapters dealing with (i) the internet, (ii) copyright, it`s brief history and legal sources, (iii) liability of individual parties involved, and (iv) internet piracy. Key words: copyright, copyright infringment, liability

Although performers have been rife for centuries, no legal regime was required for their protection owing to the fact that the nature of their performances was transitory. It was not until the invention of the phonogram in 1877, that the need to provide performers with the means to protect the unauthorised uses of their performances became an issue. The subsequent development of performers' rights has been fuelled by the rapid technological developments of the modern age which has prompted the international community to respond through various international instruments. Performers initially sought protection in terms of the Berne Convention in 1886, but it was not until the Rome Convention in 1961 that performers were first accorded international recognition. This was followed by the TRIPs Agreement in 1994 and the WPPT in 1996. This work involves an investigation into the historical development of performers' rights in the United Kingdom and South Africa. This is followed by a comparative analysis of the current state of performers' rights as between the United Kingdom and South Africa with a view to proposing recommendations for improving the level of protection accorded performers in South Africa. Arguments in favour of a regime of performers' rights as well as possible counter-arguments have been advanced. The general development of performers' rights as a related or neighbouring right to copyright is focussed on. The development of performers' rights in the United Kingdom is discussed with reference to the first English legislative form of protection, namely the Dramatic and Musical Performers' Protection Act, 1925. This Act only provided performers with criminal remedies, a view that prevailed through several subsequent enactments designed to protect performers as a result of ratification of the Rome Convention. It was not until 1988 when the decision in Rickless v United Artists Corp prompted the legislature to grant performers with enforceable civil remedies through the enactment of the Copyright, Designs and Patents Act, 1988. Several European Union Council Directives aimed at harmonising the law relating to performers' rights throughout the Union were issued, mainly in response to the TRIPS Agreement. In order to comply with these Directives, the United Kingdom passed Regulations to bring about the necessary amendments to the Copyright, Designs and Patents Act. Performers in the United Kingdom were granted moral rights in 2006 as a result of the United Kingdom's ratification of the WPPT. The development of performers' rights in South Africa has been slow when compared to that of the United Kingdom. It was not until 1967 that performers were first legally recognised in South Africa. Although South Africa has yet to ratify the Rome Convention, it was stated in South African Broadcasting Corporation v Pollecutt that the Act was clearly passed with a view to complying with the Convention. South Africa's ratification of the TRIPs Agreement brought about amendments to the Act, particularly regarding the duration of protection which was increased from 20 to 50 years. Although South Africa played an active role in the conclusion of the WPPT, it has yet to ratify it. However, amendments were made to the Act in line with this Treaty, such as the incorporation of “expressions of folklore” within the ambit of protection, and the granting of a right to receive royalties whenever a performer's performances are broadcast. This is commonly known as needletime. South Africa's reluctance to grant performers with moral rights as provided for by the Treaty is noteworthy. The introduction of needletime into South African law has resulted in a fierce debate between collecting societies (who represent authors and performers) and the NAB (who represent users of performances). Mainly as a result of this dispute, performers in South Africa have, to date, not received any royalties due to them. The protection of traditional knowledge has also received attention of late with the Intellectual Property Laws Amendment Bill, 2010 which aims to bring traditional knowledge inter alia within the ambit of the Performers' Protection Act. The current state of performers' rights in the United Kingdom and South Africa are compared in order to identify ways in which the level of protection accorded performers in South Africa could be improved. The Copyright, Designs and Patents Act is compared with the Performers' Protection Act through emphasis being placed on the definition of a “performer”; the definition of a “performance”; the nature of performers' rights; exceptions to infringement; the term of protection; the retrospectivity of the legislation; and the enforcement measures in place. Upon analysis, it was found that the Performers' Protection Act can be amended in several ways in order to increase the level of protection accorded performers in South Africa.

This thesis analyses the nature and common law history of copyright, highlights the problematic aspects of the current Canadian legislation with respect to archival material, proposes revisions to the law which would take into account the special nature of this material, and provides some suggestions to archivists who have to deal with the copyright dilemmas encountered in the daily, routine administration of an archival institution. Copyright legislation has traditionally grouped archival and library material under one section on special exemptions, notwithstanding the fact that archival material has characteristics which dictate a treatment fundamentally different from that of library material. Therefore, this thesis focuses on copyright as it relates specifically to archival material in order to present recommendations for its adequate treatment under the copyright law. This is not a legal paper, and does not presume to give an exhaustive legal study of all of the ramifications of copyright legislation. It is intended as a review of those copyright issues which are of special interest to archivists. Because Canada derives its common law tradition from Great Britain and is often influenced by American legislation, the earlier British legislation and more recent copyright legislation in the United States and Great Britain are studied and compared to the present Canadian legislation. Because legal trends generally first appear in court decisions before they become codified in statute, decisions found in recent case law, as well as their discussion in current legal literature are examined. The official recommendations which have been made to the Canadian government for the revision of copyright law are also analyzed. It is concluded that the Canadian statute must be revised to reflect the unique nature of archival material. Archival documents are not created for sale, distribution, display, or publication. They are the instruments of transactions, natural by-products of practical activities, means to purposes; they lack the autonomy of final products, and are non-commercial by nature. This thesis recommends that a separate piece of copyright legislation for archival material be introduced to deal effectively with these unique characteristics. / Arts, Faculty of / Library, Archival and Information Studies (SLAIS), School of / Graduate

This thesis provides an insight into the current position of moral rights of authors and outlines the perspectives of the doctrine of moral rights in international copyright regime of the 21st century. Such survey is particularly urgent at a time when the doctrine of droit moral, one of the most contentious and controversial issues in copyright, is now in an international spotlight again. The recent decade has seen two contradictory trends in the field of international copyright. The 1994 Uruguay Round saw the emergence of new global intellectual property regime, embodied in the TRIPs Agreement, which elevates copyright into a new stage of development by linking it for the first time with international trade and technology and by substantially widening the scope of its governance. However, this new instrument is almost exclusively concerned with protecting the rights belonging to owners, endorsing the 'sanctity of property', but practically eliminating the protection of the original creators' non-economic, moral rights. Against this background, the 1990's have witnessed an unprecedented commitment to the protection of artist's moral rights in countries that in the past were the strongest opponents of any such notion within their copyright regimes. The question of moral rights has always been considered an issue where a wider international consensus is impossible due to the traditional rift between civil law's authors' rights and common law's copyright philosophies. However, in a world where the protection of intellectual property is increasingly viewed on an international basis - of necessity, because of technological and economic developments - a global consensus on this issue is inevitable. By reviewing the justificatory schemata underlying the doctrine of droit moral and by analyzing the recent statutory developments in several common law jurisdictions in this arena, as well as the concession made by moral rights-devout civilian jurisdictions, this thesis shows that the gap between the two systems is no longer insurmountable. The analysis reveals that despite the underlying philosophical differences, a substantial degree of convergence of copyright and author's rights is occurring, and outlines the sites of consolidation which can serve as a basis for a possible future international agreement on this issue. / Law, Peter A. Allard School of / Graduate

5 The Internet and copyright - the scope of liability of individual parties involved and modes of protection against piracy ABSTRACT This diploma thesis deals with copyright issues in the Internet. The aim of this thesis is to analyse the current evolution of copyright modernisation in the Digital Single Market, focusing on the relevant European and national regulation of the new liability regime of the online content-sharing service provider. The thesis is divided into six parts, which are divided into individual chapters. The first part is devoted to the basic institutes of copyright. It also describes the characteristics and content of copyright, the copyright work and the non-contractual use of the copyright work. The second part presents some sociological aspects of modern society which lead to the need to modernise copyright. This part deals with the notion of information, information society and information technology law. The third part deals with the Internet, in this part its definition, creation and development is presented. Also related terms such as cyberspace, Deep web and Dark web are described. The fourth part of the thesis focuses mainly on the liability of ISPs (Internet service providers) in the Internet environment. The first chapter focuses on the general concept of private,...

Thesis (LLD) -- Stellenbosch University, 1988. / Article 1 Section 8 Clause 8 of the Constitution of the United States of America empowers Congress "to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries". This simple clause sums up in a few words the philosophy and underlying principles of modern copyright law. Copyright law, like other branches of intellectual property law (i.e. the laws of patents, trade marks and designs), seeks to create a system whereby the creator of original works or intellectual property is afforded a qualified monopoly in the use or exploitation of his work in order, first, to compensate and reward him for the effort, creativity and talent expended and utilized in the creation of his work, and secondly, to act as an incentive for him to use his talents and efforts to create more and better works or items of intellectual property. The qualified monopoly is limited in duration and after the expiry of the term the work falls into the public domain and can be freely used and reproduced by others. A balance is struck between the interests of the individual and the public interest. The rationale behind this philosophy is the establishment of a profit incentive for creators of intellectual property. The effectiveness of the profit motive is dependent upon the degree to which the creator of the intellectual property is able to maintain and enforce his qualified monopoly. If the law is not effective in enabling the creator of intellectual property to maintain and enforce his monopoly then the efficiency of the operation of the profit motive will be impaired. Consequently, the soundness and effectiveness of the law of copyright is a . significant factor in the promotion of the creation of intellectual property and ultimately• in enriching our culture and promoting our knowledge and well-being. Viewed from a different perspective, the purpose of copyright is to prevent one man from appropriating to himself what has been produced by the skill and labour of others1 . In broad terms, copyright may be described as the exclusive right in relation to a work embodying intellectual property (i.e. the product of the intellect) to do or to authorize others to do certain acts in relation to that work, which acts represent in the case of each type of work the manners in which that work can be exploited for personal gain or profit. Copyright is an immaterial property right. The subject of the right is a work of the intellect or spirit and thus an intangible. Copyright in a work is akin to ownership in a tangible article. The following analysis of the essential nature of copyright by Slomowitz AJ in Video Parktown North (Pty) Limited v Paramount Pictures Corporation is instructive: "It seems to me that when he who harbours an idea, by dint of his imagination, skill or labour, or some or all of them, brings it into being in tactile, visible or audible form, capable thereby of being communicated to others as a meaningful conception or apprehension of his mind, a right of property in that idea immediatelycomes into existence. The proprietary interest in that object of knowledge is the ownership of it and is called 'copyright'. It might just as well be called 'ownership', but we have chosen to call it by another name, reserving 'ownership' as the appellation for the proprietary interest in corporeal things, by way of semantic, but not, as I see it, legal, distinction. In this sense, copyright has sometimes been called 'intellectual property', as it indeed is. " Copyright subsists in the work of the intellect embodied in a material form which is a tangible article. The tangible or physical form of the work embodies two separate items of property, i.e. the copyright in the work of the intellect and the ownership of the tangible article. Ownership of the two items of property must be distinguished and can vest in different persons. Transfer of the ownership of one of the i terns of property does not necessarily affect transfer of the ownership of the other item of property.