In an attempt to strike a fair balance between rights of copyright holders and the public interest in the dissemination of intellectual works, the copyright law has established exceptions to the exclusive rights granted to creators. However, doubts concerning the applicability of these exceptions have raised discussions about whether the use of copyrighted materials in documentaries qualifies as a fair dealing or other exception to copyright, uncertainties that lead producers to use only duly authorized materials in order to avoid possible claims. This thesis analyzes the copyright exceptions set out in the Canadian law and their applicability to protected materials inserted in documentaries. This thesis suggests that the legislation should be modified in order to help producers to identify situations in which those exceptions would be applicable to protected materials included in documentaries and to avoid over protective copyright rights that may restrain the production and dissemination of documentary films.

In an attempt to strike a fair balance between rights of copyright holders and the public interest in the dissemination of intellectual works, the copyright law has established exceptions to the exclusive rights granted to creators. However, doubts concerning the applicability of these exceptions have raised discussions about whether the use of copyrighted materials in documentaries qualifies as a fair dealing or other exception to copyright, uncertainties that lead producers to use only duly authorized materials in order to avoid possible claims. This thesis analyzes the copyright exceptions set out in the Canadian law and their applicability to protected materials inserted in documentaries. This thesis suggests that the legislation should be modified in order to help producers to identify situations in which those exceptions would be applicable to protected materials included in documentaries and to avoid over protective copyright rights that may restrain the production and dissemination of documentary films.

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.

Culpa in Contrahendo Resumé The aim of this degree work is to introduce the institute of pre-contractual liability and its practical application. The work focuses on the position of this institute in the Czech legislation, its classification in the system of laws before the recodification of civil law, and its express regulation in Act No. 89/2012 Coll., Civil Code. Much attention is devoted to rulings of the Supreme Court of the Czech Republic and its approach to the application of pre-contractual liability in specific cases. The degree work is divided into seven chapters. The first chapter defines the term 'Culpa in contrahendo', describes its origin in the work of a German jurist of genius, Rudolf von Jhering, and outlines the origin of the institute in Roman law. In this chapter is also a description of the first case of pre-contractual liability, 'Linoleumfall', which was resolved by the Imperial Court. The chapter also contains an overview of instances of pre-contractual liability embodied in foreign judicial codes. The second chapter describes the regulation of pre-contractual liability in the Czech body of laws before the recodification of civil law with illustrations of individual facts in issue formerly contained in Act No. 40/1964 Coll., Civil Code, and Act No. 513/1991 Coll., Commercial Code....

Pre-Contractual Liability (Culpa in Contrahendo) Summary The purpose of my thesis is to analyse the issue of pre-contractual liability from the microcomparative perspective which subsequently serves as the tool to characterise the main features of pre-contractual liability in the realm of Czech Civil and Commercial Codes. The reason for my research is to prove the existence and importance of pre-contractual liability in the Czech legal order as well as in the sphere of the European Union in the light of its respective case laws. The thesis is composed of five chapters, each of them dealing with different aspects of negotiation stage and pre-contractual liability. Chapter One is introductory and defines basic terminology, methodology used in the thesis, scope, and aims. Chapter Two examines chosen foreign legal regulations of pre-contractual liability. The essential attention is given to Germany, Austria, and Switzerland as those legal systems are very close to the Czech one (historically and geographically). The French view is also considered because legislators seek to prepare the reform of obligation laws. Finally, common law of the United Kingdom of Great Britain and Northern Ireland and the United States of America is discussed and challenged because of its adverse approach to pre-contractual liability....

This dissertation focuses on the principle of good faith and on the principle of good faith and fair dealing. The differences between the two mentioned principles and the problems with terminology are covered. The author suggests and reasons for her own terminological solution. Furthermore, the dissertation discusses on the general delimitation of the two principles, their content and relation to other related principles. Moreover, it focuses on the legal frame of good faith and good faith and fair dealing principles including historical and comparative aspects of the issue. The author of the dissertation describes the practical impact of the two principles in question and compares the recent and current legal regulation. She analyses the practical impact of the principles of good faith and good faith and fair dealing in commercial relations: not only in the business contractual law but also in the life of a business corporation. Furthermore, the relevant judicature is covered including the delimitation of its possible applicability on the current legal regulation.

The exceptions for individual use give rise to interesting and fundamental concerns drawing both international and national attention. There is uncertainty in the application of the individual use exceptions both in the international copyright treaties, particularly the three-step test of the Berne Convention, and in the national copyright legislation. To have a better understanding of this concerns, this thesis aims to: investigate whether the exceptions for individual use can still maintain the balance of interests between the copyright holders and users; analyse the contribution that international copyright agreements and national copyright legislation may have made to assist in solving the conflict of interest between right holder countries and user countries in applying the exceptions for individual use; and conduct a comparative study of the application of the individual use exceptions in developed and developing countries. The understandings that are found within this study are informed by relevant literature and by analysis of the application of the individual use exceptions. The thesis examines the application of the individual use exceptions in the international copyright treaties, namely, the Berne Convention, the TRIPS Agreement, and the WIPO Copyright Treaty in order to determine the appropriate ?balance? between the rights of owners and users in the three-step test. To explore the uncertainty in the individual use exceptions at the national level, a comparative case study is made between the exceptions for individual use in Australia, a developed country, and Thailand, a developing country. The results of the study reveal three major answers. First, the exceptions for individual use are able to still maintain the balance of interest between right holders and users in the digital environment, if some amendments are made to keep pace with the digital environment. Secondly, to assist in the solution to the conflict of interest between right holder countries and user countries in applying the exceptions for individual use, the international copyright agreements can make a contribution by making some minor changes, mainly in the three-step test of the Berne Convention, and by continuing to provide special treatments for developing countries. Nationally, the contribution may be made by thoroughly protecting the right holders whilst also still allowing individual use by amending the copyright legislation to update to the digital age when necessary, enacting the relevant Acts, and establishing a collecting society. Finally, from the comparison of the application of the exceptions for individual use as well as problems found and solutions proposed in developed and developing countries, in which Australia and Thailand are used as case studies, the comparison of the application of the exceptions for individual use can be divided into four categories: fair use exceptions (Australian fair dealing and Thai private use exceptions), free use exceptions, licences (Australian statutory licences and Thai compulsory licence), and limitation of legislative individual use provisions. In addition, the problem of different interpretations of the exceptions for individual use, the problem of conformity in the application of the exceptions for individual use according to the real purpose of the three-step test, which exists in Thailand, and the problem of response to the digital environment are all used as the frame for the comparison of the problems found and proposed solutions. The findings of the study are significant as they can provide contributions to the copyright areas primarily in the legal aspect: amendment of the exceptions for individual use. In addition, they also contribute to the related aspect in the copyright areas: the economic aspect: the balance between developed and developing Countries; and the moral aspect: developing countries? development. In addition, the thesis proposes four useful recommendations to enable the balance of interest between the right holders and the users to be maintained: amendment of the wording in the three-step test of the Berne Convention, amendment of domestic copyright law and its exceptions for individual use, encouragement of the role of collective management organisations, and raising public awareness on the issue of copyright and its exceptions for individual use.

Making Copies: The Impact of Photocopying on Copyright Law in Australia In recent years, there has been a growing interest in looking at the history of copyright law through the lens of different technologies. Rather than looking at the historical development of, for example, copyright defences, the development of a specific piece of legislation or the way in which copyright law as distinct body of law took shape, there is a growing interest in looking at the way in which copyright law was shaped and influenced by specific types of technology. This literature is based on the idea that by focusing on the way that the law responded to a particular technology, that this enables us to get a better sense of the way in which the different legal rules and procedures operate and intersect: something that tends to be lost in more focused doctrinal or policy accounts. While there have been a number of important studies that focus on the impact of specific technologies, notably the printing press, on the development of copyright law, there are many other technologies that have not been given the attention they deserve. The thesis aims to contribute to the growing body of copyright scholarship that looks at the impact that specific technologies have had on copyright law. More specifically, it aims to look at the impact that the photocopier had on the development of copyright law across the second half of twentieth century. In effect, the question that the thesis asks is: what impact did photocopying have on the development of copyright law in Australia? The thesis shows that in responding to the problems created photocopier, a number of important changes were made to copyright law. In addition to contributing to the introduction of published edition copyright, it will be argued that the photocopier not only led to the introduction of library copying provisions which have played and continue to play an important role in ensuring access to information, but also helped to clarify that the fair dealing defence extended beyond hand copying to include machine copies. As well as highlighting the impact that the photocopying licences, which were introduced to deal with multiple copies, had on copyright law, it will be also be argued that the photocopier led to other changes, such as the politicisation of literary copyright. In highlighting the various changes brought about as a result of the attempt to respond to the problems created by the photocopier, the thesis will highlight the important role that technological change has had on the development of copyright law.

no / Singapore commercial contract law has taken an Asian perspective in respect of express terms of good faith in the negotiation of contract. In general, however, it adheres to the English contract law orthodoxy regarding good faith. More specifically, Singapore, like England, does not recognize a general duty or principle of good faith and it is reluctant to imply a duty of good faith into a contract. However, as a hub of international trade and a rising forum for commercial dispute resolution, Singapore will have a stronger need to reconcile the differences in good faith in contract law between the English/Commonwealth and the European-Asian legal traditions. Conventional wisdom and international commercial law instruments in this respect are not as helpful as one would expect for such a need. Instead, to an enlightening but limited extent, the “organizing principle” approach in Bhasin v Hrynew could be useful for setting up a framework for reconciling the differences. This framework could consist of an organising principle of (honouring) reasonable expectations, a duty of honesty, and a duty of fair dealing. The framework realistically concretises good faith into the three components, all of which are essentially objective and ascertainable in specific factual matrix and are well-recognised in both common law and civil law.

Sąžiningumo ir sąžiningos dalykinės praktikos principas yra įtvirtintas kontinentinės teisės tradicijos valstybių doktrinose bei tarptautiniuose sutarčių teisę harmonizuojančiuose dokumentuose (UNIDROIT Principuose, PECL ir Europos civilinio kodekso projekte). Skirtingose valstybėse šiam principui suteikiamas skirtingas vaidmuo bei apimtis – Vokietijoje sąžiningumui skiriamas itin didelis dėmesys, o Prancūzijoje daugiau koncentruojamasi į šalių valią ir sąžiningumo doktrina yra nedaug išplėtota. Lietuvos 2001 m. Civilinio kodekso 6.158 straipsnyje įtvirtintas sąžiningumo ir sąžiningos dalykinės praktikos principas yra recepuotas iš UNIDROIT Principų 1.7 straipsnio. Sąžiningumo ir sąžiningos dalykinės praktikos principo turinio neįmanoma apibrėžti a priori – jis paliekamas suformuluoti teismams konkrečių aplinkybių kontekste. Lietuvos teisės doktrinoje yra beveik nenagrinėjamas sąžiningumo ir sąžiningos dalykinės praktikos principas bei jo aspektai. Manytina, kad, kaip ir UNIDROIT Principuose bei PECL, Lietuvos sutarčių teisėje šis principas turėtų būti suvokiamas objektyviąja prasme. Sistemiškai aiškinant 2001 m. Civilinio kodekso nuostatas matyti, kad 1.5 straipsnį, kuriame įtvirtinti teisingumo, protingumo ir sąžiningumo principai, bei 6.158 straipsnio 1 dalį, kurioje įtvirtintas sąžiningumo ir sąžiningos dalykinės praktikos principas, sieja subordinacinis santykis. Šiame darbe daroma išvada, kad 1.5 straipsnis turėtų būti laikomas lex generalis, o 6.158 straipsnio 1 dalis... [toliau žr. visą tekstą] / The principle of good faith and fair dealing is established in the doctrines of continental law tradition countries and the international documents harmonizing contract law (UNIDROIT Principles, PECL and European Civil Code project). This principle possesses different role and volume in different countries: in Germany, good faith is especially important, while France is more concentrated on the willpower of parties, while good faith doctrine is poorly developed. The good faith and fair dealing practice was receipted from UNIDROIT Principles, Article 1.7 and established in the Lithuanian Civil Code of 2001, Article 6.158. The content of good faith and fair dealing can hardy be described a priori – it is the courts to formulate them in the context of a definite situation. Good faith and fair dealing is not widely analysed in the doctrine of Lithuanian law. This principle is thought to be understood in the objective way, as it is in UNIDROIT Principles and PECL. According to systematic explanation of the Civil Code regulations of 2001, Article 1.5, which establishes the principles of justice, rationality and good faith and the Article 6.158, part 1, establishing the principle of good faith and fair dealing are in the subordinate relation with each other. This study concludes that the Article 1.5 must be considered as lex generalis, while the Article 6.158, Part 1, must be considered as lex specialis in relation to the Article 1.5. Thus the principle established in the Article 6... [to full text]