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In one of the most important publications on the European Convention and Court of Human Rights in recent years, a wide range of fundamental practical and theoretical problems of crucial importance are addressed in an original and critical way bringing a fresh, coherent and innovative order into well-known battle zones. The analysis revolves around the Court’s fair balance-test and comprises in-depth analyses of e.g. methods of interpretation, proportionality, the least onerous means-test, the notion of absolute rights, subsidiarity, formal and substantive principles, evidentiary standards, proceduralisation of substantive rights etc. The author coins the term of “primarity” in order to clarify the obligation of the Contracting Parties to implement the Convention in domestic law.
In the increasingly complex and combative arena of copyright in the digital age, record companies sue college students over peer-to-peer music sharing, YouTube removes home movies because of a song playing in the background, and filmmakers are denied a distribution deal when some permissions “i” proves undottable. Patricia Aufderheide and Peter Jaszi chart a clear path through the confusion by urging a robust embrace of a principle long-embedded in copyright law, but too often poorly understood—fair use. By challenging the widely held notion that current copyright law has become unworkable and obsolete in the era of digital technologies, Reclaiming Fair Use promises to reshape the debate in both scholarly circles and the creative community. This indispensable guide distills the authors’ years of experience advising documentary filmmakers, English teachers, performing arts scholars, and other creative professionals into no-nonsense advice and practical examples for content producers. Reclaiming Fair Use begins by surveying the landscape of contemporary copyright law—and the dampening effect it can have on creativity—before laying out how the fair-use principle can be employed to avoid copyright violation. Finally, Aufderheide and Jaszi summarize their work with artists and professional groups to develop best practice documents for fair use and discuss fair use in an international context. Appendixes address common myths about fair use and provide a template for creating the reader’s own best practices. Reclaiming Fair Use will be essential reading for anyone concerned with the law, creativity, and the ever-broadening realm of new media.
AN INSTANT NEW YORK TIMES BESTSELLER • A REESE'S BOOK CLUB PICK Tired, stressed, and in need of more help from your partner? Imagine running your household (and life!) in a new way... It started with the Sh*t I Do List. Tired of being the “shefault” parent responsible for all aspects of her busy household, Eve Rodsky counted up all the unpaid, invisible work she was doing for her family—and then sent that list to her husband, asking for things to change. His response was...underwhelming. Rodsky realized that simply identifying the issue of unequal labor on the home front wasn't enough: She needed a solution to this universal problem. Her sanity, identity, career, and marriage depended on it. The result is Fair Play: a time- and anxiety-saving system that offers couples a completely new way to divvy up domestic responsibilities. Rodsky interviewed more than five hundred men and women from all walks of life to figure out what the invisible work in a family actually entails and how to get it all done efficiently. With 4 easy-to-follow rules, 100 household tasks, and a series of conversation starters for you and your partner, Fair Play helps you prioritize what's important to your family and who should take the lead on every chore, from laundry to homework to dinner. “Winning” this game means rebalancing your home life, reigniting your relationship with your significant other, and reclaiming your Unicorn Space—the time to develop the skills and passions that keep you interested and interesting. Stop drowning in to-dos and lose some of that invisible workload that's pulling you down. Are you ready to try Fair Play? Let's deal you in.
Examines harmonization of the US Federal Food, Drug, and Cosmetic Act with international regulations as they apply to human drug and device development, research, manufacturing, and marketing. The Second Edition focuses on the new drug approval process, cGMPs, GCPs, quality system compliance, and corresponding documentation requirements. Written in
A Fine Balance, Rohinton Mistry’s stunning internationally acclaimed bestseller, is set in mid-1970s India. It tells the story of four unlikely people whose lives come together during a time of political turmoil soon after the government declares a “State of Internal Emergency.” Through days of bleakness and hope, their circumstances – and their fates – become inextricably linked in ways no one could have foreseen. Mistry’s prose is alive with enduring images and a cast of unforgettable characters. Written with compassion, humour, and insight, A Fine Balance is a vivid, richly textured, and powerful novel written by one of the most gifted writers of our time.
All forms of online communications and interactions between people and companies on the Internet are facilitated by intermediaries – service providers whose decisions and policies have a shaping effect on the Internet, its users and the information shared on it. Today, because such intermediaries employ technologies that go well beyond the mere transmission and storage of information into new realms potentially disrupting existing business models, a rethinking of existing relevant law is called for. The legal analysis and recommendations in this book put the topic of intermediary liability in the perspective of copyright law and offer a vision on how to regulate that liability. In the context of in-depth and up-to-date analyses on EU, US, German and Dutch law, the author discusses such issues and topics as the following: the liability rules in the new Directive on Copyright in the Digital Single Market; liability for the intermediary’s own copyright infringements (primary liability); the intermediary’s responsibility to stop or prevent the infringements of others (secondary liability); the role that fundamental rights play in copyright law and intermediary liability; the rights and interests of copyright owners, intermediaries and users, and how they are protected; notice-and-takedown by service providers; website blocking by Internet access providers; the publisher’s rights and the use of online articles by platforms; legal status of hyperlinks under copyright law; and search engine use of copyrighted materials. A focus on the strengths and weaknesses of existing EU copyright law concerning Internet intermediaries in terms of how future-proof that law is, includes detailed attention to legislation, regulation and case law. With its deeply informed guidance with respect to the methods of regulation in a domain that is heavily influenced by technological developments, this book will be welcomed by policymakers, legislators, academics, judges and practitioners working in the area of copyright law as applied to the Internet. The detailed attention to the extent to which an intermediary can be held liable for copyright infringements in both the EU and the US will prove highly beneficial for in-house counsellors and advisors working for rights holder organizations and intermediary service providers.
"A multiple murder case in Nebraska in October 1975 attracted massive media attention, spawning a collision between the rights of free press and fair trial. Scherer details the criminal prosecution and the ensuing legal battles that led to a landmark constitutional ruling regarding these rights by the U.S. Supreme Court"--Provided by publisher.