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The planned copyright reform is intended to implement a right to equitable remuneration for authors in the South African Copyright Act. This dissertation examines the claim from a legal policy perspective. After an introduction to the basics of the South African mixed-legal system, the foundations of contract and copyright law are examined. This is followed by an analysis of the current remuneration practice with collecting societies and international legislation. Against this background, the work ends with theses on the effectiveness of the newly introduced right to equitable remuneration.
This book critically evaluates the current copyright law system in a digital environment from a comparative perspective. Since many developing countries modelled their copyright laws on more advanced jurisdictions, they have not benefitted from such a law as much as intended due to their inherently embedded social economic conditions. Moreover, the copyright law system has been under constant challenges from rapidly developing digital technology and the Internet. All in all, there is a pressing need for developing countries to reevaluate their copyright law in light of their national needs, the developmental stage of their economy, their culture and tradition, and their legal system. The book poses the question of whether copyright law should be reformed to fulfill its fundamental purpose of serving education and research that are in the public interest in the digital era? It examines whether the legal frameworks adequately address developing countries’ educational and research requirements in view of the opportunities and restrictions posed by electronic communication media. Further, it provides a comprehensive study that addresses the various critical issues relevant to the reform of the copyright law system and offers recommendations for developing countries to revamp their copyright law system to better serve their education and research sector.
In the course of the last two decades, collective management organizations (CMOs) have become the nerve centres of copyright licensing in virtually every country. Their expertise and knowledge of copyright law and management have proven essential to make copyright work in the digital age. However, they have also been at the centre of debates about their efficiency, their transparency and their governance. This book, an extensively revised and updated edition of the major work on the legal status of CMOs, offers an in-depth analysis of the various operating CMO models, their rights and obligations vis-à-vis both users and members, acquisition of legal authority to license, and (most important) the rights to license digital uses of protected material and build (or improve current) information systems to deal with ever more complex rights management and licensing tasks. All the chapters have been updated since the 2010 edition. New chapters on Africa, China, Central Europe and New Zealand (together with Australia, which is no longer discussed in the separate chapter on Canada) have been added. Factors considered include the following: • role of 'families' such as the International Confederation of Societies of Authors and Composers (CISAC) and the International Federation of Reproduction Rights Organizations (IFRRO); • cases where the unavailability of adequating options makes authorized use difficult or impossible taking transaction costs into account; • growing importance of extended repertoire systems (also known as extended collective licensing); • relationship among collective management, rights to remuneration, and the ways in which CMOs acquire authority to license; • transnational licensing and the possible role of multi-territorial licensing; and • threat of monopolies or regional oligopolies for the management of online music rights. Legal underpinnings covered in the course of the analysis include the 1996 WIPO Copyright Treaties, the US Digital Millennium Copyright Act, the Napster case, the Santiago Agreement, relevant EU Papers and the 2014 Copyright Directive, and work done by the UN Committee on Economic, Social and Cultural Rights. Part I presents a number of horizontal issues that affect collective management in almost every country. Part II is divided on a geographical basis, focusing on systems representative of the principal models applied in various countries and regions. Each country specific or region-specific chapter provides a historical overview and a presentation of existing CMOs and their activities, gives financial information where available, describes how CMOs are supervised or controlled by legislation, and offers thoughts about the challenges facing CMOs in the country or region concerned. Many of these national and regional commentaries are the only such information sources available in English. Whatever the future of copyright holds, it is clear that users will continue to want access and the ability to reuse material lawfully, and authors and other rights holders will want to ensure that they can put some reasonable limits on those uses, including an ability to monetize commercially relevant uses. CMOs are sure to be critical intermediaries in this process. The second edition of this important resource, with its key insights into the changing nature of collective management, will be of immeasurable value to all concerned with shaping policy towards collective management or working with the ever more complex legal issues arising in digital age copyright matters.
This report analyzes the classification that each country has adopted for video games, and provides, in the final section, a tentative classification of these complex works, considering their nature, the elements they are made of and the creative process.
More than a source of income and a means of protection for creators, rightholders, and the creative and entertainment industries, copyright is also a vehicle for technological advances and economic development. In the European Union, industries with intensive emphasis on intellectual property rights (mainly copyright) generate more than a quarter of employment and more than a third of economic activity. Yet copyright continues to be plagued by problematic attempts to balance the interests of rightholders, the public, consumers, intermediaries, collecting societies, different national legal traditions, and other forces, European and global. This book draws a comprehensive picture of current, pending, and proposed copyright developments – legislation, ‘communications,’ white papers, and court decisions – at the levels of the European Union and the World Intellectual Property Organization. Twenty-two well-known and prestigious experts on intellectual property law from seventeen jurisdictions worldwide contribute essays on particular trends in copyright, including discussions of the following and more: - making content available in an EU digital single market; - collective management and multi-territorial licensing; - exceptions for libraries and archives, education and research; - traditional knowledge and cultural expressions; - unjustified geoblocking; - illegal content on the Internet; - text and data mining; - copyright enforcement online; and - role of the European Court of Justice. Policy recommendations are also set forth, as well as a detailed conceptual framework for a potential EU Copyright Code. As a detailed and thoughtful overview of current trends in copyright internationally, this book has no peers. It is sure to be welcomed by practitioners, policymakers, academics, researchers, and business leaders for whom intellectual property rights, and especially copyright, are of the first importance.
The Records of the Diplomatic Conference on Certain Copyright and Neighboring Rights Questions held in Geneva, from December 2 to 20, 1996, contains documents relating to that Conference which were issued before, during and after the Conference.
Papers originally presented at a workshop held Nov. 26-28, 2003 at the University of Botswana and supported by the World Association for Christian Communication.
This volume discusses a number of issues on the contested nature of intellectual property rights (IPR) and Indigenous Knowledge Systems (IKS) in the context of Southern Africa. The issues addressed include the protection of folklore, IKS in a digital era, the valuation and safeguard of heritage sites, the need for appropriate IKS legislation, community based control of natural resources and the role played by traditional music in the maintenance of community. It is this extensive exploration of IKS from the vantage points of communication and culture, and explored in terms of policy, cultural survival, international as well as intra-national politics, economics, philosophy and ethics that makes this empirical grounded collection of papers unique, a distinctive contribution to the literature and 'cause' of IKS. The specific IKS-related issues raised and dealt with in this volume are generic in the sense that the very same issues are being contested in different parts of the world. In this respect, this book highlights the particular as a means of comprehending the universal.

Copyright Law Revision

United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice

Published: 1976

Total Pages: 724


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The disparity in access to information is a worldwide phenomenon. Global Information Inequalities offers a captivating look into problems of information access across the world today. One of the unique strengths of the book is the use of examples of library initiatives from around the world to illustrate the range of possibilities for equitable access and library service delivery in a global context. It contains numerous examples of a wide variety of information problems and solutions ranging from developing literacy programs in rural communities in Tanzania, building school libraries in China, making government-related information more transparent in Chile, to exploring how digital technologies have the potential to revolutionize the lives of people with sensory-disabilities. The contributions in Global Information Inequalities address a number of core professional issues, including access to information, library services, collection development, global collaboration, intellectual property, and digital information. The contributors are from Argentina, Canada, Chile, China, Iceland, Malaysia, Peru, South Africa, Tanzania, United States, and Zambia, thereby providing a wide range of perspectives on librarianship. Written in a simple, thorough, and multidisciplinary approach, the book presents and discusses key issues in various library settings and from different perspectives. Overall, this work contributes to a global examination and exploration of libraries in various parts of the world. This book has a wide appeal and is applicable to various library environments (including academic, public, and special libraries). - Provides readers with an overview of possibilities for equitable library service delivery in a global context - Provides readers with numerous examples and case studies particularly useful for practitioners - Examples also provide unique examinations of country-specific issues in a global context