Copyright History

This chapter (in Swedish) introduces the contribution by Martha Campbell to Marxian scholarship on a theory of money. It is a brief chapter for an anthology on contemporary Marxist theory, and its focus is money as a relation of production, the different forms and functions of money, and the critique of the quantity theory of money.

Ciceró védjegye

A „Ciceró védjegye” kifejezés a védjegyjog szempontjából különleges jelentőséggel bír. A védjegy alapvető funkciói közé tartozik a megkülönböztetőképesség, az eredetjelzés és a fogyasztóvédelem. A Ciceró névhez kötött megjelölés ugyanakkor kulturális örökségi dimenzióval is rendelkezik: a latin retorikai hagyomány részeként a közösségi emlékezetben rögzült.

A jogi probléma kettős:

Monopólium tilalma – a jogrendnek biztosítania kell, hogy a közkinccsé vált kulturális jelek ne kerüljenek egyetlen piaci szereplő kizárólagos rendelkezése alá.

Megfelelő védelem – ugyanakkor indokolt a kereskedelmi visszaélések elleni fellépés, amikor a megjelölést olyan módon használják, amely sérti a kulturális identitást vagy megtéveszti a fogyasztókat.

A „Ciceró védjegye” így példát ad arra, hogyan kell a védjegyjogot a kulturális örökség megőrzésének szempontjával összeegyeztetni.

The past 25 years have seen a 'turn to culture' in copyright scholarship. This cultural turn has produced an expansive account of copyright's disadvantages with respect to qualitative cultural and political goals such as: promoting democracy, individual self-authorship, expressive diversity, and a more inclusive creative and discursive culture. A common view among proponents of the cultural turn is that copyright stands in the way of the democratization of creative and discursive spheres online. This article challenges that view. Online 'free' content economies-characterized by peer production, decentralized selection, and peer to peer content sharing-have not lived up to the hopes of cultural turn thinkers. I focus on structural matters (structures of incentive and structures of power), critically applying descriptive and normative frameworks of the cultural turn. Proponents of the cultural turn have been concerned about copyright's role in concentrating cultural power. They should also be concerned about concentrations of cultural and communicative power in 'free content' economies. If they were concerned that commercial incentives under copyright regimes privileged bland and homogeneous content, they should also be concerned about the troubling incentives at play in online economies where free content is used to harvest user attention and sell advertisements. This is not to say we should aim for maximalist copyright online. I show that both expansions of exceptions and limitations to copyright, and * Independent researcher -Graduated with. D.Phil from the University of Oxford, 2018. I would like to thank the following people for their helpful advice, comments and criticism regarding this article: Professor Graeme Dinwoodie,

Gaius 3. 145: Adeo autem emptio et venditio et locatio et conductio familiaritatem aliquam inter se habere videntur, ut in quibusdam causis quaeri soleat, utrum emptio et venditio contrahatur, an locatio et conductio. "Úgy látszik pedig, hogy az adásvétel és a bérlet olyannyira atyafiságban van egymással, hogy bizonyos esetekben meg szokták kérdezni, vajon adásvételt vagy bérletet kötöttek-e." Az adásvételi és a bérleti szerződés szabályai az ókori Rómában -Gaiust idézve' -"ólyannyira atyafiságban" voltak egymással2, hogy bizonyos esetekben a római jogtudósok számára is kérdéses volt az ügylet minősítése.' Ehhez az is hozzájárult, hogy az antik locatio conductio fogalma sokkal tágabb volt, több tényállást ölelt fel, mint a modern bérleti szerződés. A locatio conductio tagolódásának -az egység illetve a trichotómia kérdésének -a modern-romanisztikában felmerülő problémakörén' túllépve e tanulmány külön vizsgálja meg a bérlet három megjelenési ' Gai. 3. 145 2 Gai. D. 19. 2. 2 pr.: Locatio et conductio proxima est emptioni et venditioni isdemque iuris regulis constitit. ..

The study aimed to explore the perspectives of administrators and librarians at Allameh Tabataba'i University libraries regarding digital preservation in a cloud environment. Utilizing a descriptive-survey method, the research was conducted in two stages. Initially, a researcher-developed questionnaire was created, encompassing five key components: introduction to digital preservation concepts, trust and security, technological infrastructure, organizational status, and barriers to digital preservation in the cloud. This questionnaire, designed on a five-point Likert scale, demonstrated a reliability score of 0.852 as determined by Cronbach's alpha.In the second stage, the collected data were analyzed using descriptive statistics, including mean, median, standard deviation, and variance, alongside a one-sample t-test. The Friedman test was employed to rank the challenges and barriers identified. The findings revealed that most participants had a moderate understanding of digital preservation concepts in the cloud. Furthermore, both managers and librarians perceived the state of data trust and security, as well as the availability of technological infrastructure for cloud protection, to be at a satisfactory level.However, significant obstacles were identified, including concerns about return on investment, issues related to the use of cloud environments for digital protection, and the high costs associated with training. The conclusion drawn from the study indicates that the views of the university's administrators and librarians are relatively favorable regarding digital preservation in the cloud. It suggests that further research is necessary to explore these attitudes in greater depth, which could enhance the overall state of digital preservation practices in cloud environments.

The Framers of the U.S. Constitution retained this value judgment, weaving into Article I their conviction that "The Congress shall have power... To promote the Progress of Science... by securing for limited Times to Authors... the exclusive Right to... Writings" (the "Copyright Clause"). 1 1 Following its constitutional mandate, Congress passed the Copyright Act of 1790, which paralleled the Statute of Anne in granting authors of maps, books and charts up to a twenty-eight year monopoly. 1 2 The Act fulfilled the Constitution's directive to promote learning by empowering the public domain 1 3 to exploit noncopyrighted works for its own ends. Meanwhile, American courts and legislators continued to deny authors' claims that they possessed unalienable natural rights to their works that reached beyond the scope of the Copyright Act In Wheaton v. Peters, 14 the Supreme Court definitively repudiated the existence of an independent strain of natural-law based copyright, and instead asserted that copyright claims "must be examined [only] in reference to... statutes."' 15 Several decades later, a report appended to the Copyright Act of 1909 explicitly stated that the "enactment of copyright legislation... is not based upon any natural right that the author has in his writing."' 16 Even during the past century, which has seen creators benefit from dramatic extensions in the term of statutory monopolies, 17 neither Congress nor the courts have attempted to reward creators through the establishment of a natural law copyright regime. By contrast, French authors have long been accustomed to defending not only their positive law economic rights, but an entirely separate category of "moral rights" (or droit moral) as well. Also referred to as "author's rights" (or droit d'auteur), moral rights are grounded in the author's personhood, as though copyright were a fundamental human right i8 or a "per-11. U.S. CONST. art. I, § 8, c. 8. (emphasis added). 12. Act of May 31, 1790, ch. 15, 1 Stat. 124 (repealed 1834), reprinted in COPYRIGHT ENACTMENTS OF THE UNITED STATES 1783-1906, at 32 (Thorvald Solberg ed. 1906). 13. Professor Gordon defines the public domain in the following way: In American law, the public domain is largely filled with creations whose period of protection has expired, works which have been abandoned, or works for which no protection existed ab initio. Similarly, if there are works which, under Lockean principles, would have only limited duration or would not be capable of being owned, they would be part of the common.

Shakespeare’s plays have enjoyed a plethora of recurrent stagings since they first premiered, becoming part of the national identity with a staggering international appeal. These works have aged well by being adapted and readapted, transcending all possible boundaries for over 400 years, without losing their essence or relevance. It seems clear that Tolkien’s literary production is bound for the same fate, with the advantage of having so many nooks and crannies that spin-offs are currently just hampered by authorial rights. Although folklore is losing ground globally to science and technology, there is still room for a universal mythology embraced by people from all geographies that continues to be weaved into the world tapestry of human stories.

The aim of this study was to investigate the views of administrators and librarians of Allameh Tabataba'i University libraries on digital preservation in the cloud environment. The present study is applied in nature and with a descriptive-survey method in two stages. In the first stage, by reviewing the texts of a researcher-made questionnaire with five components: "introduction to the concepts of digital preservation in the cloud", "trust and security of digital preservation in the cloud", "technological infrastructure of digital preservation in the cloud", "organizational status of digital preservation in the cloud environment "and "barriers and challenges of digital preservation in cloud" were prepared and provided to the administrators and librarians of Allameh Tabataba'i University libraries for a survey. This questionnaire was designed on a five-point Likert scale and its reliability was 0.852 using Cronbach's alpha. In the second stage, the collected data were analyzed based on descriptive statistics (mean, median, standard deviation and variance) and one-sample t-test. Friedman test was also used to rank the factor of "possible challenges and barriers". Findings showed that the majority of participants were moderately familiar with the concepts of

This article examines China's emerging case law system through an empirical analysis of over 10,000 court judgments from 2019 to 2021. It challenges prevailing academic views that Guiding Cases are 'de facto binding' on Chinese courts and that China's case law system could be interpreted through a Common Law lens. Instead, the study argues that China's case law system is characterized by distinct objectives, methodologies, and applications. The article also emphasizes the role of 'mandatory searches for similar cases', which have significantly broadened the influence of cases in Chinese law. China's case law system is still in its formative stages, with notable uncertainties and challenges. This study underscores the need for continued empirical research into legal rules and practices to better understand the trajectory of China's case law system and the broader implications of this novel approach for the use of cases in contemporary judicial practice.

Open access (OA) is online, free of charge, free from copyright and licensing restrictions. Funding for OA research has come a long way and unleashed into various spheres in OA publishing. One such initiative is arranging the research funding for OA publishing by the worldwide scholarly funding agencies. The present study concentrates on various research funding agencies, their policies and support for article processing charges (APCs) in detail. This study helps to understand the various open-access policy criterian and also associated with various OA platforms and their APCs. The study covers top ten health research funding agencies worldwide. The data has been gathered by looking into the funding agency websites and other sources such as available published literature and scholarly authors blog posts. The amount spent on OA research by the health research funding agencies range from $ 0.31 B million to over $ 180.55 B. All the funding agencies provide Article processing charge (APC) support for OA research publishing. 70 percent of funding agencies Support OA publishing in commercial journals, 50 percent funding agencies agree to publish articles in OA Platform.

This essay examines the origins and evolution of the patent system, tracing its roots to 15th-century Venice and its transformation into the backbone of modern intellectual property law. Venice's 1474 Patent Statute represents the world's first comprehensive patent law, establishing principles that continue to govern innovation protection globally. Through analysis of historical documents, landmark cases, and colorful personalities-from Galileo's thermometer patent to Thomas Edison's litigation warsthis study demonstrates how Venetian commercial pragmatism created a framework that balances innovation incentives with public knowledge. The essay explores both the noble intentions and ignoble abuses of patent law, revealing how a system designed to promote progress has sometimes stifled it, while remaining essential to technological advancement and economic development across cultures and centuries.

O presente texto analisa o surgimento do sistema inglês de proteção autoral, que remonta ao Estatuto da Rainha Ana (Statute of Anne), considerado a primeira lei de copyright. Para tanto, utiliza-se de metodologia descritiva e dedutiva, baseada fundamentalmente em uma revisão bibliográfica e na investigação da legislação e da jurisprudência. O trabalho parte da invenção da imprensa, passando pelo período da concessão de privilégios, até a promulgação do Estatuto da Rainha Ana. Também examina a criação da company of stationers of London, a edição do Licensing Act de 1662 e a disputa entre livreiros da Escócia e da Inglaterra. Os resultados obtidos demonstram que o Estatuto da Rainha Ana não tinha como objetivo precípuo a proteção dos autores, mas tal tutela acabou sendo admitida como reflexo de decisões judiciais.

A common question is, Why is the Bible copyrighted. The question often has two components: why is the Bible copyrighted, and why is my Bible restricted? The simple answer to the copyright question is: It is a function of the law. The answer to it being restricted: The owners of Bible translations have the choice under copyright law to do so. This article provides insight into the questions.

This paper critically interrogates the political and religious origins of copyright, challenging the prevailing narrative that frames it as an enlightened tool for protecting creative expression. Tracing its evolution from pre-printing times to the dawn of modern copyright in the eighteenth century, the analysis reveals that copyright initially functioned as a coercive mechanism of control. Rooted in the imperatives of the state and church, it was designed to regulate the dissemination of information, enforce religious orthodoxy, and suppress political dissent. Through a historical examination of institutions such as the Stationers’ Company, royal printing privileges, and the Licensing of the Press Act 1662, the study uncovers how copyright operated as a tool of censorship rather than a recognition of authorship. The transition towards an author-centric model, particularly with the Statute of Anne (1710), signified a philosophical shift inspired by Enlightenment ideals—but one that retained traces of its repressive past. This work ultimately demonstrates that modern copyright, while now associated with creativity and rights, remains shadowed by its origins in surveillance and suppression.

This working paper presents an edited transcript of a copyright history webinar held on 15 December 2021, marking 15 years since the conception of the Primary Sources on Copyright (1450-1900) 1 digital archive. Giles Bergel (University of Oxford) and Ian Gadd (Bath Spa University) introduce Stationers' Register Online (SRO) 2 -a new resource that digitises the entries for the literary, musical and artistic works made in the Registers of the Stationers' Company of London 3 between 1557 and 1640. Jane Ginsburg (Columbia Law School) presents a new section on Vatican sources which she (and her team of Latinists) contributed to the Primary Sources digital archive, edited by Lionel Bently (University of Cambridge) and Martin Kretschmer (CREATe, University of Glasgow). The project presentations were followed by a panel discussion, joined by Elena Cooper (CREATe, University of Glasgow) and Neil Netanel (University of California at Los Angeles), two of the national editors of Primary Sources on Copyright. This working paper offers a reference point of wider interest. What should be the ambitions of a primary sources project? Can the history of copyright law be re-written? What is the role of history for policy?

This Study commenced during a Michael Sovern Fellowship at the American Academy in Rome and has continued through several stays there as a Visiting Scholar. I am very grateful to the Academy's Directors, Prof. Carmela Franklin and her successor Prof. Christopher Celenza, to Assistant Librarian Denise Gavio, to Assistant Director for Operations Pina Pasquantonio, and to Executive Secretary Gianpaolo Battaglia. Much appreciation also goes to the staffs of the Vatican Secret Archives and of the Vatican Library, and to Dr. Paolo Vian, Director of its manuscript division. Special gratitude to Prof. Christopher Witcombe, whose earlier work on Papal privileges charted my initial path, and whose extraordinary generosity in sharing his notes from the Vatican Secret Archives further enriched this account. For assistance with translation of Latin documents, I am indebted to 2008-2009 Rome

Малюченко Д. А. Коллекция ГМПИР как источник по изучению жизни и судьбы Д. А. Быстролётова // Деятельность органов внешней разведки России в XIX–XXI вв. К 100-летию нелегальной разведки: Исторические чтения. — Санкт-Петербург: Грейт Принт, 2022. С. 163-179.

В статье на основе источников из фондов Государственного музея политической истории России (ГМПИР) приводятся сведения о деятельности советского разведчика-нелегала Д. А. Быстролётова. уточняется информация об отдельных эпизодах позднего периода биографии разведчика.

Based on sources from the collections of the State Museum of The Political History of Russia (SMPHR), the article provides information about the activities of the illegal Soviet intelligence officer D. A. Bystroletov. information about individual episodes of the late period of the scout's biography is being clarified.

Repertoar: Ali Khan (Hagberg), Biera Maret/Jojk (Trad arr Hagberg), Koto solo (Nakagawa) , Valkommen (Hagberg), Hope (Ghosh), Airang (Trad arr Nakagawa), Zawinul (Hagberg), Tabla solo (Ghosh), True detective – kontrabasflojt-solo (Hagberg), Boat Song (Nakagawa), Banfora (Hagberg), Konsertstallen: 3/11 Lerum, Musik i Lerum, 4/11 Uddevalla, Kammarmusikforeningen Bohuslans Museum, 5/11 Goteborg, Biskopsgardens kyrka,

The aim of the current research is to identify the development barriers of metaverse in digital libraries. The method of conducting this research is qualitative and based on the basic theory. The statistical population includes 10 university specialists who were selected by purposeful sampling. The sample size was calculated based on the principle of theoretical saturation The research tool is semi-structured interviews about the development barriers of metaverse in digital libraries. Open, central and selective coding based on grounded theory was used for data analysis The findings of the research show that 53 central themes in the form of causal conditions include "existence of a problem or issue", "individual factors", "organizational, managerial", "organizational", "technology", "political", "social", "institutional" and background conditions including "technology development", "users' understanding", "library goals", "socio-economic status", "technology literacy level", "cultures and values", "background and experience", "users' needs". Intervening conditions include "limited resources", "high speed of technological change", "uncertainty in the future of the metaverse", "human factors". Strategies include "education and awareness", "collaboration with technology companies", "development of technology infrastructure", "research and development" and consequences include "reduction of access to information", "noncompliance with standards", "security and privacy risks" and "non

This paper presents a modest proposal to adopt an “observer approach” to transformative use of copyrighted works. The case of adoption of an “observer approach” is made by identifying the merits of the said approach, juxtaposed with an anticipated argument against it. This paper seeks the proper approach by discussing the defects in the traditional approaches and the new approaches to transformative use adopted under the fair use doctrine in the United States of America and the fair dealing doctrine in Canada.

This paper describes the process librarians in the Albert B. Alkek Library at T exas State University undertook to increase the amount of faculty publications in their institutional repository, known as the Digital Collections. DESCRIPTION OF PROGRAM Digital Collections at Texas State University is built on a DSpace platform and serves as the location for electronic theses and dissertations, faculty publications, and other digital Texas State University materials. Despite having launched the service in 2005, the amount of faculty work added to the repository has never been at the levels initially hoped for on launch. DEVELOPMENT AND IMPLEMENTATION OF THE WORKFLOW Taking a proactive and cooperative approach, a team of librarians developed and piloted a workflow, in which library staff would retain the already established protocol of gaining faculty permissions prior to uploading material while respecting publisher copyright policies. RESULTS Prior to the vita project, the repository archived 305 faculty publications total. Fifty-seven were added during the pilot, which represents an 18.5% increase. Of a total of 496 articles, seventeen titles were found in the blue category, which allows publisher pdfs to be archived. The majority of articles (233) were found in the green category, which allows either a pre-or a post-print copy of an article to be archived. One hundred ten of the identified titles were in the yellow and white journal categories, representing 22% of our total, and the team was able to archive only five of these. Finally, 16% (81) were not found in the SHERPA/ RoMEO database (color-coded beige). Only 18 of these articles were archived. ASSESSMENT We discovered that our faculty retain nearly none of their pre-print or post-print versions of their published articles, and so we are unable to archive those titles in the repository. Nearly 47% of the articles found were in green journals that allow only pre-or post-print copies. Most faculty were unable to produce versions of their work other than the publisher's PDF, which many publishers restrict from upload into a repository.

This memorandum summarizes briefly each title of the DMCA. It provides merely an overview of the law's provisions; for purposes of length and readability a significant amount of detail has been omitted. A complete understanding of any provision of the DMCA requires reference to the text of the legislation itself.

This memorandum summarizes briefly each title of the DMCA. It provides merely an overview of the law's provisions; for purposes of length and readability a significant amount of detail has been omitted. A complete understanding of any provision of the DMCA requires reference to the text of the legislation itself.

Objective: Digital transformation is a relatively new concept in the university library environment and has become one of the key concepts of success and sustainability for university libraries in the competitive information environment. Based on the reviews conducted on the subject literature, no research was found that could present the construction requirements and the factors affecting the digital transformation of university libraries. Therefore, the purpose of the current research was to identify the components of the digital transformation of university libraries. Methodology: The approach of this research was qualitative and the Sandelowski and Barroso's seven-step meta-synthesis method (2007) has been used. The statistical population of the research includes all the scientific publications related to the foundations and dimensions of the digital transformation of university libraries, counting the scientific publications retrieved from 12 scientific databases in the period from 2004 to 2022 (corresponding to the solar Hijri years of 1383 to 1401), which is based on the Critical Appraisals Skills Programme (CASP) and screening process. Findings: Therefore, 32 works were selected for further review and analysis. In this research, first, a separate code was considered for all the factors extracted from the selected publications, and then considering the concept of each of the codes, they were categorized in a similar concept. In this way, the concepts of the research were determined. Based on the analysis done with the help of content analysis method, there are a total of 7 main categories and 24 concepts, including ‫اطالع‬ ‫و‬ ‫کتابداری‬ ‫رسانی‬ ، 1402 ، ‫دوره‬ 26 ، ‫شماره‬ 2 157 digital culture (digital attitude, user-oriented, agility, participation and cooperation, creativity and innovation, learning digital skills of employees), digital librarian (individual competence, knowledge competence, communication competence, skill competence), digital manager (individual competence, knowledge competence, skill competence), digital services and resources (optimally reorganizing library resources, providing digital services to users, providing digital services to the organization mother), digital technologies (digital infrastructure, technological readiness, use digital technologies), support and cooperation of upstream institutions and the mother organization (to provide human resources, to provide technological resources and equipment, to make macro policies), and Work process and development of digital strategy (digitalization of processes and development of library digital strategy). Conclusion: The discussion of the digital transformation of organizations, including the digital transformation of university libraries, is complex, and managers and librarians cannot be expected to be familiar with these concepts without training or study and be able to move in the right direction towards the digital transformation of libraries. This research is the first research inside and outside of Iran that identified the components of the digital transformation of university libraries. The results of this research can be a good guide for an easy understanding of the effective factors and requirements of digital transformation of libraries and the importance of understanding it for managers and librarians.

The article examines the participation of the Brodnici in the negotiation between the Mongols and Russian princes after the Battle of Kalka. Their status was related to  the policy pursued by the Mongols towards the conquered peoples during this period.  Jochi from the east and the corps of Jebe and Subedei across the Caucasus were to strike a double blow through the Caucasus against the eastern Kipchaks of Olberli and the allied coalition of the Merkits of Kudu, Naimans, Keraits and Kanglys. To implement  this plan, the Mongols needed to peacefully subjugate or make allies of those tribal and ethnic groups capable of assisting them. Initially, Genghis Khan and Jochi tried to include the Kangly in the military structure of the empire through diplomacy. These attempts failed, and Urgench was captured in 1221. Guided by the same policy, Jebe and Subedi crossed the Caucasus in the winter of 1221–1222 and made peace with the western Kipchaks, thanks to which the corps was able to defeat the Alans. The peace lasted until the winter of 1222–1223, when, for reasons that are not entirely clear, changes occurred in Mongolian policy. Jochi was recalled by Genghis Khan to the east to participate in a kurultai, and at the same time the corps launched a surprise attack on the western Kipchaks. It was then that the corps leadership was faced with the need to find new groups capable of providing it with military support. These were the nomadic
groups of Torks and Pechenegs subordinate to the Western Kipchaks, the Kipchak tribe of Toksoba, hostile to the Koyatna Duruts, and the Brodnici.

In today's world wherein; we are faced with major innovative setbacks impeding human development, the importance of human creative innovation cannot be overemphasized. As enunciated by the United Nations Sustainable Development Goals (SDGs), we need to find solutions to our major societal problems ranging from diminishing natural resources, hunger causing malnourishment, poverty to the global-rising inequality and health crises. 1 By restructuring how we use our human resources, where and why; I am of the view that it will go a long way. This World Intellectual Property Day, I join the World Intellectual Property Organization in considering the crucial role of Intellectual Property in driving positive change by considering its importance, challenges it faces in its implementation and proffering recommendations for a better future. The World Intellectual Property Organization defines Intellectual Property (IP) as; creations of the mind-everything from works of art to inventions, computer programs to trademarks and other commercial signs. 2 Intellectual Property Rights are the exclusive rights and protection given to persons over the creations of their minds, over a period of time. They include; Copyright, patents, designs and trademarks. 3 Having exclusive rights to what they create gives inventors the confidence to take risks, invest in research and development, and make meaningful contributions to global sustainable development knowing that their creative rights are protected.

Like Bulwer-Lytton’s Strange Story, Collins’ The Moonstone is
clearly an allegory of the human psyche. The early intention of the
novelist was to stress the Indian material of his work and the mythical
side of it as his intended original title “The Serpent’s Eye” suggests. But the particular circumstances in which the author found
himself when he began writing have stressed the psychic material and
the family relationship. Even those characters which were to play a
central role had the initial design been carried out, namely Sergeant
Cuff and the Indian, do stand for some aspects of the psyche.
Symbolising the superego, they stand respectively against social and
spiritual violations which they seek to repress. The Brahmin’s role
opposes those elements of incest-taboo which occurs from time to time,
but never totally emerge.

O presente artigo realiza um breve estudo sobre o regime jurídico do direito ao reconhecimento da autoria e a figura do ghost writer no direito brasileiro. Para tanto, faz uso das decisões judiciais proferidas no caso Bruna Surfistinha, as quais discutiram a autoria da obra literária "O Doce Veneno do Escorpião", que relata a vida da personagem Bruna Surfistinha. Trata-se de pesquisa que utiliza metodologia descritiva, baseada fundamentalmente na investigação bibliográfica, o que é feito para analisar a solução judicial dada ao caso objeto do estudo. Os temas mais relevantes da matéria são debatidos, como o direito ao reconhecimento da autoria, a obra protegida pelo direito de autor, bem como as convenções envolvendo a figura do ghost writer. Merece ainda destaque a apresentação de breves notas acerca do problema do ghost writer na Alemanha e na França. Assim sendo, o objetivo desse trabalho é discutir se a solução judicial dada ao caso Bruna Surfistinha foi a mais adequada, considerando o direito de autor, o direito ao reconhecimento da autoria e as convenções de ghost writer.

Resumo: O presente artigo tem como principal objetivo apresentar um estudo panorâmico da legislação autoral alemã. Trata-se de pesquisa que utiliza metodologia descritiva e dedutiva, baseada fundamentalmente em revisão bibliográfica e na investigação da legislação e da jurisprudência. Especial destaque foi dado à adoção da teoria monista, que sempre chamou a atenção dos juristas brasileiros, e que orientou a tomada de decisões do legislador alemão. Destaca-se que os alemães consideram o direito de autor como um direito unitário, não obstante reconhecerem a existência de dois componentes inseparáveis, isto é, os direitos patrimoniais e os direitos da personalidade do autor. O texto também investiga os conceitos de autor e de obra, o início e o fim da proteção dos direitos autorais, as formas de exploração da obra, bem como as violações de direitos autorais na Internet. Os resultados alcançados permitiram a compreensão da estrutura de proteção do autor na Alemanha. Por fim, o estudo panorâmico da matéria busca instigar o leitor a melhor compreender o papel socioeconômico do direito autoral e a procurar soluções no direito alemão para problemas existentes no Brasil. Palavras-chave: direito autoral na Alemanha; obras protegidas; direito moral de autor; direitos da personalidade; direitos conexos; direito alemão.

O presente artigo realiza um breve estudo sobre o regime juridico do direito ao reconhecimento da autoria e a figura do ghost writer no direito brasileiro. Para tanto, faz uso das decisoes judiciais proferidas no caso Bruna Surfistinha, as quais discutiram a autoria da obra literaria “O Doce Veneno do Escorpiao”, que relata a vida da personagem Bruna Surfistinha. Trata-se de pesquisa que utiliza metodologia descritiva, baseada fundamentalmente na investigacao bibliografica, o que e feito para analisar a solucao judicial dada ao caso objeto do estudo. Os temas mais relevantes da materia sao debatidos, como o direito ao reconhecimento da autoria, a obra protegida pelo direito de autor, bem como as convencoes envolvendo a figura do ghost writer . Merece ainda destaque a apresentacao de breves notas acerca do problema do ghost writer na Alemanha e na Franca. Assim sendo, o objetivo desse trabalho e discutir se a solucao judicial dada ao caso Bruna Surfistinha foi a mais adequada, consid...

"Silent Mouth..." - Certain Aspects of the Interpretation of Copyright Licence Contracts The current Hungarian copyright law contains a number of specific rules of interpretation, but Section 42(3) of the Copyright Act has crowned these provisions with a general rule of interpretation, according to which if the meaning of the licence contract cannot be clearly established, it shall be construed so as is most favourable for the author. Thus, in the case of silence, incompleteness or vagueness of the licence contract, the Copyright Act provides a more favourable direction for the author. In some cases, the interpretation of contracts is necessary in order to resolve a hidden dissent. In copyright law, too, this special rule of interpretation provides a clue when the parties enter into a contract which is not sufficiently detailed (incomplete) or contains contradictory content, but which (in some cases arguably) exists and is even valid. This paper explores the significance of the interpretative rule and its relation to invalidity and non-existent contracts, and seeks to identify trends in its application in specific cases.

The long and demanding process of establishing the rules of copyright has resulted in protection being extended to all literary, scientific and artistic works, irrespective of their quality, quantity, value, or even moral judgement. In principle, therefore, copyright protection, which is automatic, i.e. deriving from the absence of any formality, is granted to all individual works of an original nature - which, together with the fight against censorship, is a major achievement in terms of guaranteeing freedom of creation. However, the question arises as to whether a given work can reach a level of immorality such that the means of dealing with it, which are external to copyright, are no longer sufficient, i.e. whether such a circumstance (also) needs to be dealt within the copyright system (similar to some forms of protection seen in the field of industrial property). In addition to a review of the relevant literature and case-law on the subject, this paper seeks to draw attention to the fact that copyright law cannot depart from the standard of good morals, but that finding its place within the system of copyright is not without challenges.

Since the beginning of time, people have always tended to produce new ideas in line with various purposes and needs in every area of life. An idea first arises from a need and is supported by creativity. Ideas are at the core of the creative process in every field of art and design. Every product is born from an idea, and that idea plays a key role in the development of the product from beginning to end. The aim of the study is to investigate the creative processes extending from idea to design in the fields of art and design and to reveal the similarities and differences of this process between different disciplines. For this purpose, the study is structured in three stages. In the first stage, the concept of ideas in the fields of music, literature, painting, sculpture and architecture was explained through examples. Based on this data, in the second stage, how ideas affect and direct the creative processes for each field was evaluated in items. In the third stage, the similarities and differences in the effects of ideas on creative processes in the fields of music, literature, painting, sculpture and architecture were revealed. As a result of the study, it was revealed that although disciplines such as music, literature, painting, sculpture and architecture have different creative processes, ideas have common and different roles in these processes in terms of functionality, aesthetics, semantics and technique. While the differences between disciplines reveal the richness and diversity of art and design, the common denominator of all, creativity and originality, strengthens the universal value of art.

Protection of cultural heritage is not just a matter of legacy and reverence we owe to our ancestors but also a way to preserve our national identity. The preservation of cultural diversity of Europian countries is one of the most important goals and a condition for its further valorisation. New information technologies offer great opportunities to digitise cultural heritage, to save it from oblivion and to make it available for future generations. In the period from 2005 to 2014, the European Union authorities adopted a number of important legal documents aimed at establishing a common framework for digitisation of tangible and intangible national heritage, in full observance of the cultural differences between the EU Member States. In this paper, the authors provide an overview of the most important legal documents in this field and highlight the importance of digitisation for the process of protection and popularization of cultural heritage. The authors suggest that the presented...

While embracing a serial culture, practices of translation, textual appropriation, and anthologisation are generally different phenomena. Their intersection resonates with the necessities and possibilities of the emerging mass market for literature driven by technological, cultural, educational, economic, and not least legal shifts in early nineteenth-century Germany. Cheap translations and reprint ‘libraries’ of classics and the emergence of periodicals heavily based on transnational transfer of textual and (later) visual material are corresponding aspects of the media revolution that set off in the 1820s, a development for which the exchange
between the German and British print markets proves to be crucial. Joseph Meyer, publisher and editor of compilated periodicals and serialised reprint libraries (1796–1856), proved a key mediator. The deep connection between serial culture and the flourishing of anthological formats, this article argues, is rooted in entrepreneurial publishing strategies that explored new ways of literary mediation by dealing with and capitalising on the abundance of print media.

The Low Countries became a centre of printmaking in the early modern period. Printmaking was a disruptive image-technology because it produced images as multiples on an unprecedented scale. With its success also came problems. One was that copying became a problem as it had not been before in the visual arts. This article discusses three approaches used by early modern printmakers to dealing with the problems presented by copying and the fact that prints came in multiples. The first was to acquire privileges as legal protection against copying. Privileges are usually seen as the predecessors of copyright, but here it is argued that this is only part of the story and that they also served as a claim of reliability. A second approach was to take full advantage of the opportunities presented by the fact that prints came in multiples, and to produce images as efficiently as possible, in effect endlessly copying the same images. A third approach was to purposefully ignore the technological possibilities of printmaking and instead produce small print runs or slightly different states of one image. These approaches, it is argued, were related both to technological possibilities and to changing ideas about the (visual) arts, showing how the meanings of concepts such as ‘invention’ and ‘skill’ were shifting at this time.

Este artículo presenta un exhaustivo análisis del proceso judicial relativo al film Letty Lynton (1932), que, pese a ser un emblema del periodo clásico de Hollywood, fue prohibido en 1936, tras la denuncia de dos dramaturgos que acusaron a Metro-Goldwyn-Mayer de haber plagiado una de sus obras. El pleito evidenció una complejidad en materia de infracción del copyright que la justicia estadounidense no había afrontado hasta el momento, entre otros motivos porque la cinta partía de unos hechos reales acontecidos durante el siglo XIX y la productora había adquirido los derechos de una novela que también los relataba. Los continuos recursos y resoluciones judiciales finalizaron, tras ochos años, con el pronunciamiento del Tribunal Supremo. Esta investigación analiza con detalle el examen del caso a través del estudio de tres fuentes: los materiales literarios relacionados con el film, los pronunciamientos judiciales que generó la demanda por plagio y la cobertura periodística llevada a ...

V. Conclusiones

Existen importantísimos argumentos históricos, teleológicos, técnico-jurídicos y de política legislativa que podrían conducir y justificar cabalmente la solución aquí expuesta: no es viable otorgar a las obras creadas mediante IA generativa el mismo status legal que al trabajo y esfuerzo de un verdadero autor o artista. Asimismo, el statu quo actual no ha producido ninguna disfunción, al menos por ahora. De esta manera, cabría reflexionar sobre si es oportuno legislar sobre un problema, que, por el momento, no existe de forma evidente y definida.

A modo de resumen, podríamos sintetizar tres grandes ideas. En primer lugar, el proponente del prompt no es creador de la obra, la obra la crea la máquina, y la máquina no es sujeto de derechos. No puede ser autora en la concepción internacionalmente aceptada de autor, ni atribuírsele derecho alguno sobre la obra, ni por tanto puede producirse la “adquisición originaria” de la obra y la posterior transferencia vía fictio legis. En segundo lugar, si se confiriese protección de derecho de autor al proponente del prompt, la protección conferida sería injusta para el esfuerzo realizado, a quien no tiene habilidad artística para crear la obra por sí mismo ni sus propios medios, sino que depende de la IA. En este sentido, obsérvese la protección desproporcionadamente prolongada en el tiempo que recibiría, en relación con la habilidad y esfuerzo (skill and labour) dedicados a la composición –incluidos los largos años de estudio teórico, formación, ensayo, etc. que un artista requiere para desempeñarse con un mínimo de solvencia–. En tercer y último lugar, cualesquiera de estas soluciones no parecen encajar correctamente con el espíritu de la ley, que debe responder a los principios esenciales que dan sentido a la protección del derecho de autor –y en este punto, incluso vale la pena recordar la sensibilidad de la aproximación japonesa a la noción de obra (art. 2.1), como “expresión creativa de pensamientos o sentimientos”–.



En cuanto a la protección del prompt o instrucción, existirían argumentos para, de forma aislada y descontextualizada, entender que sí cabría protección a tales expresiones, por su extensión y contenido, si fuesen originales y fuesen manifestación de la personalidad del autor. Pero las normas no pueden interpretarse de forma aislada. El ordenamiento jurídico es un todo que hay que interpretar de forma armonizada, como un conjunto: unas normas por las otras. Así, hay que tener en cuenta que el prompt o instrucción viene a ser la idea concebida en la mente del usuario, a fin de que la IA generativa diseñe una obra artística de acuerdo con dichos parámetros. En mi humilde opinión, proteger dichas expresiones sería tanto como proteger las ideas en sí mismas, y eso es algo que está fuera del debate, no solo por la claridad del artículo 2 del Tratado de Derecho de Autor de la OMPI de 1996, sino por las potencialmente nocivas consecuencias que podría suponer para la innovación –piénsese que quedaría protegidas durante toda la vida del autor más 70 años p.m.a.–. Esto justifica razonablemente la descalificación de los prompts como textos aptos para ser protegidos por derecho de autor.



A modo de cierre, cabría proponer para ulteriores estudios, si sería viable, útil y pertinente diseñar una protección sui generis para las obras creadas por IA generativa. Sería necesario conocer, en primer lugar, si es necesario regularlas o no, para evitar la sobrerregulación o los efectos de una mala regulación. Y, en cuanto al fondo, cuál sería su impacto, así como una adecuada ponderación entre los bienes jurídicos sacrificados y protegidos con la implementación de tal solución –donde el tiempo de protección sería, posiblemente, el quid de la cuestión y punto más relevante–. Obsérvese en ese sentido que, hasta ahora, desde la irrupción de esta clase de IAs generativas, el ecosistema normativo vigente no parece ser insuficiente, ni está demostrando ser un freno a la innovación. Esto se desprende del hecho palmario de que las propias herramientas han nacido y se siguen utilizando de forma satisfactoria en ausencia de legislación específica alguna, en un entorno libre de regulación. Por consiguiente, quisiera lanzar una invitación a no precipitarnos: no caigamos en la sobrerregulación –ya asfixiante–, en tanto no se encuentren razones de interés general que lo justifiquen, y que sirvan para conducirnos a un escenario más positivo y floreciente que el que estamos experimentando actualmente, ante una herramienta que puede ser transformadora y revolucionaria para la sociedad del futuro.

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V. Conclusions

There are very important historical, teleological, technical-legal and legislative policy arguments that could lead to and fully justify the solution presented here: it is not feasible to grant works created through generative AI the same legal status as the work and effort of a true author or artist. Moreover, the current status quo has not produced any dysfunction, at least for the time being. Thus, it is worth reflecting on whether it is appropriate to legislate on a problem, which, for the time being, does not exist in an evident and defined form.

By way of summary, we could summarise three main ideas. Firstly, the proponent of the prompt is not the creator of the work, the work is created by the machine, and the machine is not the subject of rights. It cannot be the author in the internationally accepted conception of author, nor can it be attributed any rights over the work, nor can the ‘original acquisition’ of the work and the subsequent transfer via fictio legis take place. Secondly, if copyright protection were to be conferred on the proponent of the prompt, the protection conferred would be unfair to the effort made, to one who has neither the artistic ability to create the work himself nor his own means, but is dependent on the AI. In this sense, note the disproportionately long protection in time that he would receive, in relation to the skill and labour devoted to the composition -including the long years of theoretical study, training, rehearsal, etc. that an artist requires to perform with a minimum of solvency-. Thirdly and finally, any of these solutions do not seem to fit properly with the spirit of the law, which should respond to the essential principles that give meaning to copyright protection - and on this point, it is even worth recalling the sensitivity of the Japanese approach to the notion of work (art. 2.1), as ‘creative expression of thoughts or feelings’.



As for the protection of the prompt or instruction, there would be arguments to understand, in an isolated and decontextualised manner, that such expressions could be protected, due to their extension and content, if they were original and were a manifestation of the author's personality. But rules cannot be interpreted in isolation. The legal system is a whole that must be interpreted in a harmonised manner, as a whole: some rules for others. Thus, we must bear in mind that the prompt or instruction is the idea conceived in the mind of the user, so that the generative AI designs an artistic work in accordance with those parameters. In my humble opinion, protecting such expressions would be tantamount to protecting the ideas themselves, and this is beyond debate, not only because of the clarity of Article 2 of the 1996 WIPO Copyright Treaty, but also because of the potentially harmful consequences for innovation - think of it as being protected for the life of the author plus 70 years p.m.a. -. This reasonably justifies the disqualification of prompts as texts eligible for copyright protection.



By way of conclusion, it could be proposed for further studies, whether it would be viable, useful and pertinent to design a sui generis protection for works created by generative AI. It would be necessary to know, first of all, whether it is necessary to regulate them or not, in order to avoid over-regulation or the effects of poor regulation. And, in terms of substance, what its impact would be, as well as an adequate weighing of the legal goods sacrificed and protected with the implementation of such a solution - where the time of protection would possibly be the crux of the matter and the most relevant point. In this regard, it should be noted that, so far, since the emergence of this type of generative AIs, the current regulatory ecosystem does not seem to be insufficient, nor is it proving to be a brake on innovation. This is clear from the fact that the tools themselves have been born and continue to be used successfully in the absence of any specific legislation, in an environment free of regulation. Therefore, I would like to launch an invitation not to rush: let us not fall into over-regulation - already suffocating - as long as there are no reasons of general interest to justify it, and which serve to lead us to a more positive and flourishing scenario than the one we are currently experiencing, in the face of a tool that can be transformative and revolutionary for the society of the future.

The law of Copyright Act 1957 has been giving protection to literary, dramatic, or musical works, artists, cinematograph film, and sound records. Now days it has been challenging even in the field of research publications, thesis and patent. In this paper the Researchers focus on the laws of copyrights and libraries, also on the challenges and issues of copyright. Some of the cases related to the copyright are also discussed.

Im Rahmen der Studierendenkonferenz möchten wir die komplexen Beziehungen zwischen Menschen, Medien und Technik im Zeitalter von KI und Digitalisierung aus wissenschaftlicher Perspektive diskutieren und reflektieren. Die Veranstaltung richtet sich an Studierende aller Fachrichtungen.
VerfasserInnen und OrganisatorInnen sind die Teilnehmenden des Praxisseminars "Projektmanagement in der Wissenschaft," Fachbereich Sprach- und Literaturwissenschaft, Universität Osnabrück.

Abstract: A Study of Legal Issues Related to Termination of Employment Contract with Notice by the Employee

This paper provides a comprehensive analysis of the legal nature and associated problems concerning the termination of employment contracts with notice by employees, particularly focusing on the ambiguities within current Chinese labor law regarding the timing of contract termination and the possibility of withdrawing or revoking a resignation. The author critically examines three prominent theories on the legal nature of termination with notice: the "legal act with attached condition" theory (附期限的法律行为说), the "right of formation" theory (形成权说), and the "right of formation with delayed effect" theory (形成权迟延生效说)11.

The "right of formation" theory posits that an employee's notice of termination immediately triggers the legal effect of dissolving the employment contract upon receipt by the employer22. This stands in contrast to the other two theories, which contend that the dissolution of the contract only occurs after the expiration of the notice period33. The paper argues against the "right of formation" theory, asserting that its premise deviates from the historical tradition of employment contracts remaining effective during the notice period. This tradition, as the paper details, can be traced back to medieval English labor legislation (e.g., 23 Henry VI, 5 Elizabeth I) 4and continental civil law (e.g., the General State Laws for the Prussian States, French Civil Code), a tradition that has been broadly continued in common law and civil law jurisdictions, including China555.

The author supports the "legal act with attached condition" theory and the "right of formation with delayed effect" theory, both of which emphasize that the termination effect materializes only upon the expiry of the notice period66. This aligns with legislative intent, textual interpretation of Chinese labor laws (e.g., Article 31 of the Labor Law and Article 37 of the Labor Contract Law, where "提前" - "in advance" - signifies before contract termination) 7, and a systemic interpretation that ensures the effectiveness of immediate termination rights for both employees and employers (Articles 38 and 39 of the Labor Contract Law)8. Historically, the notice period functioned more as a "warning" or "delay" rather than signifying immediate termination9.

A significant portion of the paper is dedicated to analyzing whether a resignation can be withdrawn or revoked, an issue not explicitly regulated by Chinese law1010. The author categorizes legislative examples and case law rules regarding the withdrawal and revocation of resignation into five distinct types11. This comparative analysis includes discussions of common law precedents (e.g., the binding nature of notice in English law unless mutually agreed otherwise 12, and the possibility of withdrawal before effectiveness in Indian and Canadian law 13) and civil law examples (e.g., Germany's general irrevocability unless notice of withdrawal arrives simultaneously 14, and specific provisions for withdrawal in Vietnam, Russia, Lithuania, and France, often tied to employer consent or a short retraction period 15).

Through a normative economic analysis, the paper evaluates the efficiency of these different rules concerning resignation withdrawal and revocation16161616. It suggests that China's current implicit rule, which largely precludes unilateral withdrawal of an effective resignation, is inefficient17171717. This inefficiency stems from increased frictional unemployment due to impulsive resignations and higher transaction costs associated with negotiating a "withdrawal" that requires employer consent1818. The "reliance theory" (信赖责任理论) is introduced as a theoretical basis for allowing withdrawal, positing that withdrawal should be permissible if it causes no detrimental reliance loss to the employer1919.

The paper concludes by advocating for revisions to China's Labor Contract Law to improve the efficiency of labor resource allocation. It suggests incorporating rules that provide employees with a limited right to withdraw or revoke their resignation, especially if it does not cause significant detrimental reliance to the employer. Such amendments, the author argues, would reduce frictional unemployment, stabilize employment expectations, and ultimately promote overall economic efficiency and social welfare by optimizing labor mobility and reducing unnecessary transaction costs20202020. The proposed changes would align Chinese law more closely with some international legislative trends that offer greater flexibility in resignation processes, ultimately fostering a more dynamic and efficient labor market21212121.

Rep. 201 (K.B.). (Burrow's report of Donaldson v. Beckett begins on page 257. For the sake of accuracy, even when making a full citation to Burrow's Donaldson alone, this article's footnotes will cite "Millar v. Taylor, (1769) 98 Eng. Rep. 201, 257 (K.B.)," because that is where the report is located, and where it will be most easily found in electronic databases, even though the case was decided in the House of Lords in 1774.) Meanwhile, the version reported by Brown does not make the same error in counting the common law judges' advisory opinions but, like Burrow, omits the lords' speeches. See Donaldson v. Beckett, (1774) 1 Eng. Rep. 837 (H.L.). The Parliamentary History version (or Hansard) is more comprehensive than either Burrow or Brown because it contains concise summaries of the speeches by the lawyers, judges, and lords. See 17 Parl. Hist. Eng. (1774) 953. A version called here the "Anonymous Report" contains detailed first-person accounts of the speeches by the lawyers, judges, and lords. See THE PLEADINGS OF THE COUNSEL BEFORE THE HOUSE OF LORDS, IN THE GREAT CAUSE CONCERNING LITERARY PROPERTY (London, Wilkin, 1774) [hereinafter Anonymous Report]. The so-called Gentleman's Report appears to be the most complete version of all five legal reports of the case. It includes a report of written submissions by the parties to the House of Lords that is not included in the other accounts. See THE CASES OF THE APPELLANTS AND RESPONDENTS IN THE CAUSE OF LITERARY PROPERTY (London, Bew 1774) [hereinafter Gentleman's Report]. This article also gleans previously underappreciated details about Donaldson from eighteenth-century London and Edinburgh newspaper accounts found in the National Library of Scotland in Edinburgh, the British Library in London (Colindale), and the Burney Collection of Newspapers. The Reverend Charles Burney (1757-1817) amassed a large collection of early British newspapers, now housed at the British Library and made available electronically by Gale. The Burney Collection of Newspapers, which was digitized and made searchable in 2007, contains more than 1,200 titles and nearly one million pages. 5 Literary Property, supra note 1.