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Berne Three-step Test
In international law, the Berne three-step test is a clause that is included in several international treaties on intellectual property. Signatories of those treaties agree to standardize possible limitations and exceptions to exclusive rights under their respective national copyright laws. Berne Convention The three-step test was first established in relation to the exclusive right of reproduction under Article 9(2) of the Berne Convention for the Protection of Literary and Artistic Works in 1967. Article 9 of the Berne Convention states that: ''Right of Reproduction: 1. Generally; 2. Possible exceptions; 3. Sound and visual recordings'' - (1) Authors of literary and artistic works protected by this Convention shall have the exclusive right of authorizing the reproduction of these works, in any manner or form. (2) It shall be a matter for legislation in the countries of the Union to permit the reproduction of such works in certain special cases, provided that such reproducti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Law
International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generally do, obey in their mutual relations. In international relations, actors are simply the individuals and collective entities, such as states, International organization, international organizations, and non-state groups, which can make behavioral choices, whether lawful or unlawful. Rules are formal, typically written expectations that outline required behavior, while norms are informal, often unwritten guidelines about appropriate behavior that are shaped by custom and social practice. It establishes norms for states across a broad range of domains, including war and diplomacy, Trade, economic relations, and human rights. International law differs from state-based List of national legal systems, domestic legal systems in that it operates ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
EU Database Directive
Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases is a directive of the European Union in the field of copyright law, made under the internal market provisions of the Treaty of Rome. It harmonises the treatment of databases under copyright law and the ''sui generis'' right for the creators of databases which do not qualify for copyright. the directive is being reviewed as part of a proposed Data Act. Public submissions closed on 25June 2021, Lead DG: CNECT/G1. Landing page for download given. Download name: 090166e5ddb6bc31.pdf. and a proposal for new harmonised rules on data was published on 23 February 2022.European CommissionProposal for a Regulation of the European Parliament and of the Council on harmonised rules on fair access to and use of data (Data Act) COM(2022) 68 final, published 23 February 2022, accessed 3 July 2022 Definition of database Article 1(2) defines a database as "a collec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Journal Of The Copyright Society Of The USA
A journal, from the Old French ''journal'' (meaning "daily"), may refer to: *Bullet journal, a method of personal organization *Diary, a record of personal secretive thoughts and as open book to personal therapy or used to feel connected to oneself. A record of what happened over the course of a day or other period *Daybook, also known as a general journal, a daily record of financial transactions *Logbook, a record of events important to the operation of a vehicle, facility, or otherwise *Transaction log, a chronological record of data processing *Travel journal, a record of the traveller's experience during the course of their journey In publishing, ''journal'' can refer to various periodicals or serials: *Academic journal, an academic or scholarly periodical **Scientific journal, an academic journal focusing on science **Medical journal, an academic journal focusing on medicine **Law review, a professional journal focusing on legal interpretation *Magazine, non-academic or scho ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fair Dealing
Fair dealing is a limitation and exception to the exclusive rights granted by copyright law to the author of a creative work. Fair dealing is found in many of the common law jurisdictions of the Commonwealth of Nations. Fair dealing is an enumerated set of possible defences against an action for infringement of an exclusive right of copyright. Unlike the related United States doctrine of fair use, fair dealing cannot apply to any act which does not fall within one of these categories, although common law courts in some jurisdictions are less stringent than others in this regard. In practice, however, such courts might rule that actions with a commercial character, which might be naïvely assumed to fall into one of these categories, were in fact infringements of copyright, as fair dealing is not as flexible a concept as the American concept of fair use. There are similar limitations and exceptions to copyright, such as the right to quote, also in the Berne Convention and i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fair Use
Fair use is a Legal doctrine, doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by allowing as a defense to copyright infringement claims certain limited uses that might otherwise be considered infringement. The U.S. "fair use doctrine" is generally broader than the "fair dealing" rights known in most countries that inherited English Common Law. The fair use right is a general exception that applies to all different kinds of uses with all types of works. In the U.S., fair use right/exception is based on a flexible proportionality test that examines the purpose of the use, the amount used, and the impact on the market of the original work. The doctrine of "fair use" originated in common law during the 18 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an sufficiency of disclosure, enabling disclosure of the invention."A patent is not the grant of a right to make or use or sell. It does not, directly or indirectly, imply any such right. It grants only the right to exclude others. The supposition that a right to make is created by the patent grant is obviously inconsistent with the established distinctions between generic and specific patents, and with the well-known fact that a very considerable portion of the patents granted are in a field covered by a former relatively generic or basic patent, are tributary to such earlier patent, and cannot be practiced unless by license thereunder." – ''Herman v. Youngstown Car Mfg. Co.'', 191 F. 579, 584–85, 112 CCA 185 (6th Cir. 1911) In most countries, patent rights fall under private la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
DADVSI
Loi DADVSI (generally pronounced as ) is the abbreviation of the French ''Loi relative au droit d’auteur et aux droits voisins dans la société de l’information'' (in English: "law on authors' rights and related rights in the information society"). It is a bill reforming French copyright law, mostly in order to implement the 2001 Information Society Directive, which in turn implements a 1996 WIPO treaty. The law, despite being initially dismissed as highly technical and of no concern to the average person, generated considerable controversy when it was examined by the French Parliament between December 2005 and June 30, 2006, when it was finally voted through by both houses. Most of the bill focussed on the exchange of copyrighted works over peer-to-peer networks and the criminalizing of the circumvention of digital rights management (DRM) protection measures. Other sections dealt with other matters related to copyright, including rights on resale of works of art, copyrig ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sonny Bono Copyright Term Extension Act
Sonny is a common nickname and occasional given name. Often it can be a derivative of the English word "Son", a name derived from the Ancient Germanic element *sunn meaning "sun"; a nickname derived from the Italian names Salvatore, Santo, or Santino (mostly in North America amongst Italian Americans); or the Slavic male name Slavon meaning "famous or glorious". Notable people with the name include: Athletes * Sonny Alvarado, Puerto Rican basketball player *Charles Sonny Ates (1935–2010), retired American racecar driver *Erwin Sonny Bishop (born 1939), American football player *Shin'ichi Sonny Chiba (1939–2021), Japanese martial artist and actor * Sonny Gray (born 1989), American baseball pitcher *Sonny Hendrawan, Indonesian basketball player - see List of members of the FIBA Hall of Fame * Sidney "Sonny" Hertzberg (1922–2005), American basketball player * Sonny Holland (1938-2022), American football coach and player *Ernest Sonny Hutchins (1929–2005), stock car dr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rider (legislation)
In legislative procedure, a rider is an additional provision added to a bill or other measure under consideration by a legislature, which may or may not have much, if any, connection with the subject matter of the bill. Some scholars identify riders as a specific form of logrolling,Philip L. Dubois, ''Lawmaking by Initiative: Issues, Options and Comparisons'' (Algora, 1998), p. 126. or as implicit logrolling. Others distinguish riders from logrolling.Michael D. GilbertSingle Subject Rules and the Legislative Process 67 ''University of Pittsburgh Law Review'' 803. Adding riders to legislation is not permitted in legislatures bound by a single-subject rule. United States Federal legislation In the U.S. Congress, riders have been a traditional method for members of Congress to advance controversial measures without building coalitions specifically in support of them, allowing the measure to move through the legislative process: "By combining measures, the legislative leadershi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
WTO Dispute Settlement Body
The Dispute Settlement Body (DSB) of the World Trade Organization (WTO) makes decisions on trade disputes between governments that are adjudicated by the Organization. Its decisions generally match those of the Dispute Panel. Institutional structure The DSB is, in effect, a session of the General Council of the WTO: that is, all of the representatives of the WTO member governments, usually at ambassadorial level, meeting together. It decides the outcome of a trade dispute on the recommendation of a Dispute Panel and (possibly) on a report from the Appellate Body of WTO, which may have amended the Panel recommendation if a party chose to appeal. Only the DSB can make these decisions: Panels and the Appellate Body are limited to making recommendations. The DSB uses a special decision procedure known as 'reverse consensus' or 'consensus against' that makes it almost certain that the Panel recommendations in a dispute will be accepted. The process requires that the recommendati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Information Society Directive
The Copyright and Information Society Directive 20012001/29 is a directive in European Union law that was enacted to implement the WIPO Copyright Treaty and to harmonise aspects of copyright law across Europe, such as copyright exceptions. The directive was first enacted in 2001 under the internal market provisions of the Treaty of Rome. The draft directive was subject to unprecedented lobbying and was considered a success for Europe's copyright laws. The 2001 directive gave EU Member States significant freedom in certain aspects of transposition. Member States had until 22 December 2002 to transpose the directive into their national laws, although only Greece and Denmark met the deadline. Provisions Rights Articles 2–4 contain definitions of the exclusive rights granted to under copyright and related rights. They distinguish the "reproduction right" (Article 2) from the right of "communication to the public" or "making available to the public" (Article&nb ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Computer Programs Directive
The European Union Computer Programs Directive controls the legal protection of computer programs under the copyright law of the European Union. It was issued under the internal market provisions of the Treaty of Rome. The most recent version is Directive 2009/24/EC. History In Europe, the need to foster the computer software industry brought attention to the lack of adequate harmonisation among the copyright laws of the various EU nations with respect to such software. Economic pressure spurred the development of the first directive which had two goals (1) the harmonisation of the law and (2) dealing with the problems caused by the need for interoperability. The first EU Directive on the legal protection of computer programs was Council Directive 91/250/EEC of 14 May 1991. It required (Art. 1) that computer programs and any associated design material be protected under copyright A copyright is a type of intellectual property that gives its owner the exc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
