Thesis advisor: Judith Schwartz / Increased access to media and production tools has given the civilized masses the means not only to consume an increasingly comprehensive wealth of content, but also the means to interact with that content in ways never before imagined. This has allowed the digital generation to grow ever more comfortable creating and editing content outside of the professional environment. Much of the creative output of our day comes in the form of the “remix,” a piece of content which is constructed, in full or in part, from bits (most often in the form of bytes) of other media artifacts. However, because of American law and international copyright agreements that prohibit the copying (reproduction or derivation) of creative works, a generation of amateur producers has been criminalized. Despite the message sent by recent prosecutions in light of the letter of copyright law, the original spirit of copyright law was to encourage creative production, not restrict it. Within the music industry, the international electronic dance music community demonstrates how new forms of content and copyright management within a hybrid economy could benefit artists, fans, and industry alike. / Thesis (BA) — Boston College, 2009. / Submitted to: Boston College. College of Arts and Sciences. / Discipline: College Honors Program. / Discipline: Communication.

Esta tese tem como foco a investigação dos desenhos e das redes de socialidades que eles possibilitam ao povo indígena Kadiwéu, a partir de uma pesquisa de campo realizada entre as mulheres artistas desta etnia na aldeia Alves de Barros e em algunas das cidades por onde sua produção artística transita. Procura-se entender o desenho como um compilador de conhecimentos em uma linguagem codificada, à qual estão imbricados saberes que são lidos e interpretados pela comunidade indígena como um agente do conhecimento, um fabricador dos vetores aos quais se relaciona, por exemplo, agindo naqueles que recebem os desenhos no corpo, e da própria possibilidade de existência de relação, pois abre caminhos de comunicação entre os Kadiwéu e seus outros, captando-as, ao mesmo tempo em que os protege neste percurso relacional. Por fim, é feito um estudo acerca das equivocidades tradutórias que ocorrem nos tratamentos diversos que os Kadiwéu e os brancos dão aos desenhos, observados na comercialização da cerâmica e no registro de direitos autorais destes, em que cada parte desta relação compreende de modos diferentes o que é arte, desenho, direito autoral, ornamentação/decoração, além do caso emblemático do Copyright by Kadiwéu. Esta análise apresenta as complexidades que as mulheres artistas encontram frente aos projetos que lhes são propostos e conclui propondo uma forma de compreensão dos desenhos kadiwéu, cuja definição está diretamente relacionada às redes de socialidades de que participam e agenciam. / This thesis focuses on the investigation of the Kadiwéu drawings and the networks of socialities that these enable the Kadiwéu from a field research carried out between the women artists of the village Alves de Barros and the cities through which their artistic production transits. It is sought to understand the drawing as a knowledge compiler in a codified language, which is loaded with kadiwéu wisdoms that are read and interpreted by the indigenous community as an agent of knowledge, a fabricator of the vectors to which it relates, for example, by acting on those who receive the drawings in the body, and on the very possibility of existence of relationship, for it opens channels of communication between the Kadiwéu and their others, capturing them, while at the same time protecting them in this relational course. Finally, a study is made of the translation equivocations that occur in the various treatments that the Kadiwéu and \"whites\" give to kadiwéu drawings, observed in the commercialization of the pottery and in the registry of copyright of these, in which each part of this relation comprises of Different ways that is art, drawing, copyright, ornamentation / decoration, with special attention to the Copyright by Kadiwéu case. This analysis presents the complexities that women artists face in relation to the projects proposed to them and concludes by proposing a way of understanding Kadiwéu drawings, as its definition is directly related to the networks of socialities in which they participate / have agency over.

This thesis examines the intersection between authors' moral rights and conflict-of-laws. The research question has been triggered by two important, interlinked factors. The first is that the currently applicable choice-of-law rules to moral rights are the same as those applicable to copyright. The second concerns the fact that moral rights are different from copyright - both in their nature and in the interest they aim to protect. Since these two factors coincide, it is questionable whether it ought to be the case that moral rights are subjected to the same choice-of-law rules as are applicable to copyright. The thesis therefore aims to discover whether the currently applicable choice-oflaw rules available in the context of moral rights are suitable for achieving the goals and objectives of conflict-of-laws. In the course of this thesis, I evaluate the potential validity of detaching moral rights from copyright in conflict-oflaws and instead attaching it to the characterization model of general personality rights. The research question is mainly addressed from the perspective of Rome I and Rome II Regulations. However, as there is no EU harmonization concerning general personality rights in conflict-of-laws, the examination will be directed towards France and England as examples of civil and common law traditions. Moreover, reference will also be made to CLIP and ALI principles by reason of comparison.

Strict enforcement of copyright in least developed countries like Uganda would negatively affect realisation of the right to education which is both intrinsic and instrumental to realisation of economic development goals including the Millennium Development Goals. The right to education is recognised internationally, regionally and by the Constitution of the Republic of Uganda 1995. Universal access to copyrighted educational materials is needed if education in less developed countries is to serve its purposes. However, to stimulate creation of materials for the future, copyright restricts both access and use of copyrighted materials which negatively affects realisation of the right to education in less developed countries. Unfortunately, exceptions as copyright’s tool for enabling access and use are unclear and narrowly construed. For TRIPS compliance, Uganda enacted the Copyright and Neighbouring Rights Act, 2006 without optimally transposing exceptions. Moreover, under the current international framework, even the most maximalist approach to exceptions would not serve less developed country needs. Accordingly, the Berne Appendix for developing countries, though procedurally complex, should be used. This thesis undertakes a critical comparative analysis of relevant international and national copyright provisions. While referencing legislation from selected countries, Uganda’s commendable fair use provisions are nevertheless not optimal for supporting education for economic development. Various doctrinal issues arise from the exceptions and Uganda’s Berne Union ‘absentee’ status. Pending international reforms, maximally transposing and utilising available exceptions is imperative. Key recommendations include: incorporating the human right to education among fair use factors and joining the Berne Union. Classical utilitarianism is used to justify maximising exceptions within the current international copyright framework to promote quality education. Arguably, maximally transposing and using exceptions to support education is the way to facilitate economic development as the ‘greatest good’ for the world’s greatest number living in poverty in less developed countries in an era of globalisation.

Les exceptions au droit d’auteur sont une série de situations où il est retranché aux droits exclusifs de l’auteur, alors même que leur définition devrait conduire ceux-ci à s’appliquer. Les exceptions révèlent la philosophie d’un système de droit d’auteur ou de copyright. Le droit d’auteur français prévoit un ensemble fermé d’exceptions spécifiques, énumérées de façon expresse et exhaustive par la loi. Elles sont d’interprétation stricte par le juge. La présente thèse s’intéresse à ce système français d’exceptions, à ses imperfections et s’attache à rechercher de potentiels axes d’amélioration. Alors que la copie privée concentre souvent l’attention des commentateurs, il semble utile de s’intéresser à l’autre versant des exceptions, les exceptions à usage public qui, parce qu’elles réalisent la communication de l’œuvre au public, portent une atteinte assez directe au monopole. Le législateur français est appelé, lorsqu’il entend créer une exception, à exercer une « balance des intérêts » assez peu étudiée par la doctrine française. La première partie de cette thèse est consacrée à cette balance des intérêts législative, et à l’écart entre ce qu’elle devrait être, idéalement, et ce que les derniers travaux législatifs laissent paraître de sa réalité. Le second temps de l’étude se concentre sur la mise en œuvre des exceptions. Leur application classique, d’abord, qui fait appel à la fonction d’interprétation des textes par le juge dans ce qu’elle a de plus traditionnel. Mais également, ensuite, une nouvelle forme de mise en œuvre, qui a fait irruption sous l’ère numérique : la régulation des exceptions. Ce phénomène englobe la garantie des exceptions contre les mesures techniques de protection, ainsi que l’application du « test des trois étapes » par le juge. / Exceptions to copyright (or author’s right) are a set of situations which cut off into the exclusive rights of the author, whereas their definition should lead these to apply. Exceptions reveal the philosophy of a system of author’s right or copyright. French “droit d’auteur” provides for a closed set of purpose-specific exceptions, expressly and exhaustively listed in the law. They are construed strictly by the judge. The present thesis studies this French system of exceptions, its imperfections and looks for potential areas of improvement. While private copying usually concentrates the observers’ attention and comments, it seems useful to insist upon the other side of exceptions, the exceptions for public use, which, since they carry out the communication of the work to the public, encroach quite directly the authors’ privilege. When he envisions to create an exception, the French legislator is expected to exercise a “balance of interests” rarely studied by French doctrine. The first part of this thesis is devoted to this legislative balance of interests, and to the gap existing between what it should ideally be, and what the latest legislative works let appear of its reality. The second part of the study focuses on the implementation of exceptions. Firstly, their classical application, which conveys the function of texts interpretation by the judge in its most traditional features. Secondly, a new form of implementation, which appeared with the digital world: the regulation of exceptions. This phenomenon encompasses the safeguard of exceptions against protection of technological measures, as well as the application of the “three-step-test” by the judge.

This dissertation examines the role of the law in the development of photography in nineteenth century America, both as a technology and as a profession. My central thesis is that the social construction of technology and the definition of the photographic profession were interrelated processes, in which legislation and litigation were key factors: I investigate this thesis through three case studies that each deal with a (legal) controversy surrounding the new medium of photography in the second half of the nineteenth century. Section 1, “Peer Production” at Mid-Century, examines the role of another relatively new medium in the nineteenth century – the periodical press – in forming, defining, and sustaining a nation-wide community of photographers, a community of practice. It argues that photography was in some ways similar to what we would today recognize as a “peer produced” technology, and that the photographic trade press, which first emerged in the early 1850s, was instrumental in fostering knowledge sharing and open innovation among photographers. It also, from time to time, served as a site for activism, as I show in a case study of the organized resistance against James A. Cutting’s “bromide patent” (1854-1868). Section 2, Spirit Photography, Boundary-Work, and the Socio-Legal Shaping of Photography, focuses on the attempts of Oscar G. Mason and other photographers to get “spirit” photographer William H. Mumler behind bars for fraud and deception in 1869. Seeking to uphold the image of photography as a scientific, mechanically objective technology, and that of the photographer as an honest, trustworthy, and honorable professional, these photographers turned the courtroom into an arena for both the social construction of technology and for policing the boundaries of the photographic profession. Section 3, “Privacy, Copyright, and Photography in the United States, is about a question that photographers, publishers, courts and legislators spent much of the nineteenth century struggling to answer: who was the rightful author, and therefore owner, of a photograph? The Section details why that question arose when it did – in the final third of the nineteenth century – as well as the different ways in which photographers, their opponents, and representatives of the law struggled to define the nature of photography along with the meaning of photographic copyright. It also deals with the emergence, around the turn of the century, of a third party claiming ownership in the photograph – the sitter – and with how the “right to privacy” was formulated in part to accommodate that party. Finally, this third Section reveals the sometimes contradictory and often quite resourceful ways in which both the advocates and adversaries of photographic copyright enlisted the right to privacy in order to back up their own property claims, even when the nascent privacy right was meant to curtail the power of both these parties.

No description available.

The thesis asks whether there is a role for competition law and policy in the music industries. It is argued that there is a need for updated competition policy in order to safeguard both end consumer welfare and the competitive process in these markets, characterised by fast-paced developments and business model innovation. Indeed, the past two decades saw the music industries undergo seismic changes, as even the term 'music industries' was not in use as such before the advent of the internet era and the decline in sales of recordings in physical format. Soon it became obvious that the traditional music industry's end consumers had chosen to migrate to alternative methods of consumption, complementing and substituting between several products for music, such as the digital format, the live concert ticket, and the overall 'music experience'. End consumers chose to completely by-pass the product on offer, meaning the recording of popular music in physical format, as provided top-down by a few multinational record companies, which the thesis identifies as an oligonomy. As alternative business models emerged in the music industries, the members of the oligonomy became followers of end consumer demand, remaining stuck in their notion that the end consumer remains the passive, mass market. Addressing this era as an era of market failure helps to identify the role of the end consumer within the business model of the music industry and to understand emerging trends and patterns in the music industries. Indeed, technological and copyright developments in the late nineteenth century enabled the hardware industries to morph into the recorded music industry, operating under the same business model of copyright exploitation. It follows that the market deriving from this business model is a market prone to monopolisation, resulting in a homogeneous product, designed and delivered top-down to the mass market. The resulting product was not only foreclosed by the few members of the oligonomy, but the operating business model made it impossible for the competition authorities to justify concerns. When the technology allowed for it, the creeping market failure came to the limelight and the end consumer started by-passing the oligonomy to gain access to the foreclosed content, generating consumer demand-driven business models. This translated into business model innovation. To illustrate, the thesis investigates the trial-and-error relationship between the competition authorities of the US, the EU, the UK and the old business model, addressing the failure to appreciate the bottleneck around the creative output that was being created, and the need to safeguard consumer welfare. To compare, the thesis also examines cases in the new business model era, observing the stance of competition authorities towards consumer demand generated business models. The thesis concludes with the affirmation of the need to design welfare enhancing competition policy, which places the end consumer in the forefront. To achieve this, the thesis proposes the consultation of the relevant business model literature.

License Agreement in copyright - abstract Copyright according to Czech laws is based on dualistic conception that means we distinguish moral rights from property rights of authorship. In the Czech Republic only the property rights are transferable and can be a subject of license agreement. The thesis is dedicated to description of license agreement according to current legislation with regards to modern trends related to internet network. First chapter describes briefly current legislation related to copyright and license agreements concerning domestic laws, international treaties and rules of European law. Second chapter is focused on division of licenses in general and afterwards deals with attributes of the license agreement. The short notice is made about protection of the author as a weaker contracting party. The most important part of the thesis is contained in the third chapter of the thesis. It explains requirements of the license agreement demanded by Act. No. 121/2000 Sb., the copyright act, and focus on the other arrangements which may the license agreement contain, i.e. security, option right. Last but not least the space is dedicated to reward for author and to description of public offer of the license agreement and its unaddressed acceptation. Chapters 4 and 5 focus briefly on publishers...

In this thesis I explain the problematic situation presented by the legal protection of logos in the Czech Republic. I chose this topic because logos are a daily part of everyones' lives helping us make important every day decisions. Yet logo is not a legal term and sometimes it can be difficult to define what logo actually is. This doesn't mean to say that logos do not have legal protection. It always depends on the definition of logo. Usually a logo enjoys the same rights as the brand it represents giving it equal protecton under the law. In many cases logos are a registered trademark giving it full protection under the trademark act. Even unregistered logos enjoy some of the same protections afforded to registered logos and it may be additionally protected by unfair competition laws. Often logos are the work of a single artist and therefore covered by the copyright act. In the opening of the thesis I wrote about the legal protection of logos in view of the copyright act and explained the requirements a logo must meet to qualify for protection under this act. Thustly explaining the rights possessed by the author of the logo, the process of transfering those rights to another person, and finally what measures the author can take to defend his rights. Next, I desribed logo in the terms of a...