No description available.

The primary argument and area of interest within this explorative study lies within the domain of copyright law enforcement of the creative industries and argues the deleterious impact that the infringement of copyright has on national and individual balance sheets and the opportunity to re-engineer the copyright dividend. Globally, creative industries are estimated to account for more than 7% of the world’s gross domestic product and are predicted to grow, on average, 10% per year. Digitization and the internet have seen to it that copyright, through inter alia the unlimted reproduction capacity of copyrights, brought by digitization and the internet, has seen its importance in the intellectual property bouquet soar. This study endevours to establish the beginning of a discourse on copyright in which the very survival of the creative industries, galvanized, for more than a century by technology and changes in technology and the security of its consumers, depends on the adopting of improved, farsighted, equitable, inclusive and stricter measures in order to protect such from both internal and external threats. From a global perspective most copyright owners and nations with few exceptions rich in copyrights, compounded by the presence of unsubstantial collaboration, suffer losses because the protection of their respective intellectual property rights such as copyright, trademarks and patents are not adequately aligned with what may be referred as the technology conversation. It is imperative that the collaborative copyright alliances develop a strategic agenda that is relevant to the technology conversation in order to re-engineer the copyright dividend where new copyright enforcement mechanisms will be deployed. In as much as this study placed greater emphasis on online infringement, physical piracy is still pervasive and it intensely contributed to the explorative conversation. Piracy effectively relieves copyright authors and the State of the royalty flows that arise from legal and transparent use of copyright. It is these royalty flows that give rise to term “copyright dividend” literally meaning the income arising from the underlying copyright assets. Seeing what is stolen by piracy as the “theft”, whether direct or indirect, of copyright dividends, the challenge to address, avert and amend such outcomes is akin to re-engineering the copyright dividend and this meant the examining of the copyright law structures influencing and regulating the trade in copyrights. In this study the focus was initially on understanding the copyright law regimes and the real challenges that influenced their respective implementations that generated a copyright dividend. Understanding exactly how well such were actually working rested on exploring the lived experiences and perceptions of ten copyright experts across the world from two primary copyright law regimes. Such an exploration was necessary as such provided the requisite insight into inter alia the legal framework wherein both the illegal market and the legal market for copyright operated, to the threats faced the copyright dividend. Five research questions were used in this study. Such served as the discussion points used in the interviews with the ten research participants.These five research questions emerged from the problematization within current , literature and supported by the research data. The obtained data were grouped in relation to the five research questions and filtered to identify commonalities amongst the ten participants. The obtained data were grouped in relation to the five research questions and filtered through a lamination process,which emerged to identify commonalities amongst the ten participants.The global copyright law system and stakeholdership presently lack the necessary strategies, capacities, will and common thought to effectively address infringement. This is the major impediment of technological advancement and thus reengineering the copyright dividend was critical. To a demonstratable extend it is independent of the progress of governments and other relevant parties affected by infringement. The data also showed that infringement is an eroding threat to intellectual property and that critical knowledge is an urgent necessity to re-install the copyright value in its global ecosystem, which is essentially achieved by diverting the copyright dividends stolen by the illegal copyright market and re-engineering the copyright dividend. The outcome is that copyright law enforcement promotes the returns of dividends and fair trade to the rightful owners in an accountable and sustainable manner, as was and is intended by the global copyright law regimes. / PhD (Business Administration), North-West University, Potchefstroom Campus, 2015

The primary argument and area of interest within this explorative study lies within the domain of copyright law enforcement of the creative industries and argues the deleterious impact that the infringement of copyright has on national and individual balance sheets and the opportunity to re-engineer the copyright dividend. Globally, creative industries are estimated to account for more than 7% of the world’s gross domestic product and are predicted to grow, on average, 10% per year. Digitization and the internet have seen to it that copyright, through inter alia the unlimted reproduction capacity of copyrights, brought by digitization and the internet, has seen its importance in the intellectual property bouquet soar. This study endevours to establish the beginning of a discourse on copyright in which the very survival of the creative industries, galvanized, for more than a century by technology and changes in technology and the security of its consumers, depends on the adopting of improved, farsighted, equitable, inclusive and stricter measures in order to protect such from both internal and external threats. From a global perspective most copyright owners and nations with few exceptions rich in copyrights, compounded by the presence of unsubstantial collaboration, suffer losses because the protection of their respective intellectual property rights such as copyright, trademarks and patents are not adequately aligned with what may be referred as the technology conversation. It is imperative that the collaborative copyright alliances develop a strategic agenda that is relevant to the technology conversation in order to re-engineer the copyright dividend where new copyright enforcement mechanisms will be deployed. In as much as this study placed greater emphasis on online infringement, physical piracy is still pervasive and it intensely contributed to the explorative conversation. Piracy effectively relieves copyright authors and the State of the royalty flows that arise from legal and transparent use of copyright. It is these royalty flows that give rise to term “copyright dividend” literally meaning the income arising from the underlying copyright assets. Seeing what is stolen by piracy as the “theft”, whether direct or indirect, of copyright dividends, the challenge to address, avert and amend such outcomes is akin to re-engineering the copyright dividend and this meant the examining of the copyright law structures influencing and regulating the trade in copyrights. In this study the focus was initially on understanding the copyright law regimes and the real challenges that influenced their respective implementations that generated a copyright dividend. Understanding exactly how well such were actually working rested on exploring the lived experiences and perceptions of ten copyright experts across the world from two primary copyright law regimes. Such an exploration was necessary as such provided the requisite insight into inter alia the legal framework wherein both the illegal market and the legal market for copyright operated, to the threats faced the copyright dividend. Five research questions were used in this study. Such served as the discussion points used in the interviews with the ten research participants.These five research questions emerged from the problematization within current , literature and supported by the research data. The obtained data were grouped in relation to the five research questions and filtered to identify commonalities amongst the ten participants. The obtained data were grouped in relation to the five research questions and filtered through a lamination process,which emerged to identify commonalities amongst the ten participants.The global copyright law system and stakeholdership presently lack the necessary strategies, capacities, will and common thought to effectively address infringement. This is the major impediment of technological advancement and thus reengineering the copyright dividend was critical. To a demonstratable extend it is independent of the progress of governments and other relevant parties affected by infringement. The data also showed that infringement is an eroding threat to intellectual property and that critical knowledge is an urgent necessity to re-install the copyright value in its global ecosystem, which is essentially achieved by diverting the copyright dividends stolen by the illegal copyright market and re-engineering the copyright dividend. The outcome is that copyright law enforcement promotes the returns of dividends and fair trade to the rightful owners in an accountable and sustainable manner, as was and is intended by the global copyright law regimes. / PhD (Business Administration), North-West University, Potchefstroom Campus, 2015

Thesis (M.A.)--Carleton University, 2004. / Includes bibliographical references (p. 148-155). Also available in electronic format on the Internet.

The main purpose of the graduation thesis is the analysis and evaluation of copyright legislation in relation to the responsibility of individual parties for its violation within the Internet. The thesis also contains an overview of formal legal resources of copyright law and also the legislation governing the information society. The problem of responsibility is also introduced in the light of selected case law, because due to not very detailed legislation in this area of law, the jurisprudence plays a very significant role. From my perspective the reason why I have chosen the topic "Internet and Copyright - the scope of liability of individual parties and modes of protection against piracy " for graduation thesis was definitely the topicality of the issue and the severity of the problem related to differences in interpretation in the context of case law. Last but not least it was the dynamic legislative development in this branch of law which attracted my attention. The thesis is divided into five chapters which are further divided into subchapters. In the first chapter it is discussed the phenomenon of the Internet, while the emphasis is primarily on general and legal definition of the Internet and other terminology. A certain part of this chapter also focuses its development and its...

Resumé The Internet and copyright - the scope of liability of individual parties and modes of protection against piracy. The main purpose of my graduation thesis is to analyze and evaluate the current situation in copyright law, with an emphasis on the general liability of the Internet Service Providers and other respective subjects in the information society. An inseparable part of this thesis is an overview of international treaties, European law and national law. The final part highlights new trends in copyright piracy with the provisions for combating these. From my perspective there are two reasons why this topic attracted my attention. Firstly, I could hardly hide my personal interest as a person who is a computer specialist by profession. Secondly, copyright law is a subject of perpetual and significant change, inspiring new ideas and new approaches. The work is divided into five chapters, which are divided into various subchapters. An introduction to the topic is broadly provided in the first and second chapter which describes this new medium of the Internet from several angles. These points of view often go far beyond copyright law, describing the axioms of constitutional law and the principles of humanism and human rights. These principles are threatened considerably in the globalised society with...

Exercise of copyright by a person other than the author (of author's heirs) This thesis deals with the issue of the exercise of copyright by a person other than the author which is a part of the intellectual property rights. The aim of this thesis is not only to analyze applicable and effective legislation of the Czech Republic but also to compare the recent legislation with the previous one. The thesis is divided into eight chapters. The initial chapter explains the status of the copyright in the legal system, its importance and dynamics. Two following chapters provide with the necessary introduction into the terminology of the copyright and explain the specific division of the copyright into personal and property rights. Chapter Four contains the systematic division of the exercise of copyright by a person other than the author according to the particular categories. Chapter Five discusses the lawful exercise of copyright by a person other than the author according to the previous legislation. Chapter Six deals, on the other hand, with the lawful exercise of copyright by a person other than the author according to the recent legislation, in particular with the employee work. Chapter Seven is dedicated to non-contractual types of use of the copyright work, describes all statutory licenses which...

The 26th of March the European Parliament voted for the directive Proposal for a Directive of the European Parliament and of the Council on Copyright in the Digital Single Market (COM/2016/0593).The directive was then voted through by the Council of Ministers on April 25th and should be implemented into each union states legislation within 24 months. The Directive came to be very controversial and heavily debated in the media, where it has been depicted as either a threat to freedom of speech or as the salvation of copyright owners. Citizens of the Union usually have poor insight in the work of EU and media are the citizens single largest link between them and the Union. What the media reports is interesting to study by the three fundamental democratic values transparency, influence, and accountability. This paper uses a qualitative content analysis with an inductive approach to examine the debate around the Copyright Directive and to highlight the most distinctive arguments and people in the debate in order to examine the results from a democratic perspective. The most striking arguments in the debate is that the basic principles of copyright must be strengthened, that opponents / advocates lacks knowledge, that the Directive contributes to censorship of the internet and a link tax, and that the big internet corporations must take responsibility. Advocates are primarily copyright owners who strive for their rights to receive an income from their work, while opponents are primarily specialists in the field or internet companies who are concerned about the implications of the directive.

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It is trite to state that law without effective enforcement is of no use to those it seeks to protect. Nevertheless, it must be emphasised that for a law to be effective, there have to be corresponding institutional structures. Enforcement of copyright involves two phases. The first is formulation and enactment of law. The second phase is the implementation of legal provisions that includes interpretation of law and determination of cases by the courts, investigation of copyright violations, prevention of unauthorised exploitation of the rights and the use of sanctions and remedies provided by law. The main problem for rights holders is not so much in written law but in enforcement or lack thereof. Some creative industries in sub Saharan Africa are being threatened due to unauthorised commercial exploitation of copyright protected works. This is despite strengthening of national laws in the region. There are various reasons for the impending demise of such industries, but the crucial factor is lack of or limited enforcement. The thesis looks at the important issue of enforcement from the perspective of the music industry in sub Saharan Africa. Based on an analysis of four sub Saharan countries, namely Kenya, Nigeria, Senegal and South Africa, this thesis illustrates that despite having in place relatively modem copyright laws, these countries still experience high levels of unauthorised commercial use in respect of music. The thesis suggests that a key factor that promotes unauthorised commercial use is lack of effective enforcement." Through a critical analysis, based on the political, social, economic and technological perspectives, the thesis addresses three questions. First, why is copyright enforcement a problem in sub Saharan Africa? Secondly, why has the existing legal regime failed to ensure effective enforcement? Thirdly, what is an effective copyright enforcement regime? Effective enforcement of copyright, from a political, economic, social and technological perspective involves the existence of enforceable law, as well as effective enforcement mechanisms in both private and public sectors. An effective enforcement regime ensures conformity to law, involves a constant review of existing legal regimes and institutional structures (such as enforcement agencies) as well as adoption of new procedures and technologies to reduce incidences of non-compliance. The thesis concludes by suggesting proposals for policy guidelines on enforcement of music copyright in sub Saharan Africa.