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Copyright Law Of The Netherlands
Copyright in the Netherlands is governed by the Dutch Copyright Law (called ''Auteurswet''), copyright (auteursrecht in Dutch) is the exclusive right of the author of a work of literature or artistic work to publish and copy such work. A work of literature or artistic work attracts copyright at its fixation. No formalities, such as copyright registration, are necessary to obtain all the exclusive rights that the Dutch copyright provides. The duration of a copyright is generally 70 years after the death of the author. The term "work" includes many materials, such as books, brochures, films, photographs, musical works, works of visual art and geographical maps. Furthermore, the Dutch Supreme Court has ruled that to be considered a work, it should have its own, original character with the personal imprint of the author (HR 4 January 1991, NJ 1991, 608(Van Dale/Romme)). This threshold of originality has since been superseded by a decision of the European Court of Justice ( C-5/08 ...
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Copyright
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights frequently include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution. Copyrights can be granted by public law and are in that case considered "territorial righ ...
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Aesthetic
Aesthetics, or esthetics, is a branch of philosophy that deals with the nature of beauty and taste, as well as the philosophy of art (its own area of philosophy that comes out of aesthetics). It examines aesthetic values, often expressed through judgments of taste. Aesthetics covers both natural and artificial sources of experiences and how we form a judgment about those sources. It considers what happens in our minds when we engage with objects or environments such as viewing visual art, listening to music, reading poetry, experiencing a play, watching a fashion show, movie, sports or even exploring various aspects of nature. The philosophy of art specifically studies how artists imagine, create, and perform works of art, as well as how people use, enjoy, and criticize art. Aesthetics considers why people like some works of art and not others, as well as how art can affect moods or even our beliefs. Both aesthetics and the philosophy of art try to find answers for what exac ...
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Multilateral Treaty
A multilateral treaty is a treaty to which two or more sovereign states are parties. Each party owes the same obligations to all other parties, except to the extent that they have stated reservation (law), reservations. Examples of multilateral treaties include the Convention Relating to the Status of Refugees, the United Nations Convention on the Law of the Sea, the Geneva Conventions, and the Rome Statute of the International Criminal Court. Relationship to bilateral treaties A bilateral treaty is a treaty between two states. A bilateral treaty may become a multilateral treaty when additional new parties succession of states, succeed or Ratification, accede to it. Plurilateral treaties A plurilateral treaty is a special type of multilateral treaty. A plurilateral treaty is a treaty between a limited number of states with a particular interest in the subject of the treaty. The primary difference between a plurilateral treaty and other multilateral treaties is that the availability ...
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Berne Convention
The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, was an international assembly held in 1886 in the Swiss city of Bern by ten European countries with the goal to agree on a set of legal principles for the protection of original work. They drafted and adopted a multi-party contract containing agreements for a uniform, crossing border system that became known under the same name. Its rules have been updated many times since then. The treaty provides authors, musicians, poets, painters, and other creators with the means to control how their works are used, by whom, and on what terms. In some jurisdictions these type of rights are being referred to as copyright. The United States became a party in 1989. As of November 2022, the Berne Convention has been ratified by 181 states out of 195 countries in the world, most of which are also parties to the Paris Act of 1971. The Berne Convention introduced the concept that prote ...
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Statute Of Anne
The Statute of Anne, also known as the Copyright Act 1710 (cited either as 8 Ann. c. 21 or as 8 Ann. c. 19), was an act of the Parliament of Great Britain passed in 1710, which was the first statute to provide for copyright regulated by the government and courts, rather than by private parties. Prior to the statute's enactment in 1710, copying restrictions were authorized by the Licensing of the Press Act 1662. These restrictions were enforced by the Stationers' Company, a guild of printers given the exclusive power to print—and the responsibility to censor—literary works. The censorship administered under the Licensing Act led to public protest; as the act had to be renewed at two-year intervals, authors and others sought to prevent its reauthorisation. In 1694, Parliament refused to renew the Licensing Act, ending the Stationers' monopoly and press restrictions. Over the next 10 years the Stationers repeatedly advocated bills to re-authorize the old licensing system, bu ...
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Printing
Printing is a process for mass reproducing text and images using a master form or template. The earliest non-paper products involving printing include cylinder seals and objects such as the Cyrus Cylinder and the Cylinders of Nabonidus. The earliest known form of printing as applied to paper was woodblock printing, which appeared in China before 220 AD for cloth printing. However, it would not be applied to paper until the seventh century.Shelagh Vainker in Anne Farrer (ed), "Caves of the Thousand Buddhas", 1990, British Museum publications, Later developments in printing technology include the movable type invented by Bi Sheng around 1040 AD and the printing press invented by Johannes Gutenberg in the 15th century. The technology of printing played a key role in the development of the Renaissance and the Scientific Revolution and laid the material basis for the modern knowledge-based economy and the spread of learning to the masses. History Woodblock printing Woodblock p ...
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Freedom Of Panorama
Freedom of panorama (FOP) is a provision in the copyright laws of various jurisdictions that permits taking photographs and video footage and creating other images (such as paintings) of buildings and sometimes sculptures and other art works which are permanently located in a public place, without infringing on any copyright that may otherwise subsist in such works, and the publishing of such images. Panorama freedom statutes or case law limit the right of the copyright owner to take action for breach of copyright against the creators and distributors of such images. It is an exception to the normal rule that the copyright owner has the exclusive right to authorize the creation and distribution of derivative works. The phrase is derived from the German term ' ("panorama freedom"). History In the past, photography and other methods of visually representing public space were severely restricted, for reasons other than authors' rights. France prohibited such acts in the 19th cen ...
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Information Society Directive
The Information Society Directive (familiarly when first proposed, the Copyright Directive) is a directive of the European Union 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 ...
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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 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 law and the patent holder mus ...
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Trademark
A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. Trademarks used to identify services are sometimes called service marks. The first legislative act concerning trademarks was passed in 1266 under the reign of Henry III of England, requiring all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in the late 19th century. In France, the first comprehensive trademark system in the world was passed into law in 1857. The Trade Marks Act 1938 of the United Kingdom changed the system, permitting registration based on "intent-to-use", creating an examination based process, an ...
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Value (economics)
In economics, economic value is a measure of the benefit provided by a goods, good or service (economics), service to an Agent (economics), economic agent. It is generally measured through units of currency, and the interpretation is therefore "what is the maximum amount of money a specific actor is Willingness to pay, willing and able to pay for the good or service"? Among the competing schools of economic theory there are differing Theory of value (economics), theories of value. Economic value is ''not'' the same as Price, market price, nor is economic value the same thing as market value. If a consumer is willing to buy a good, it implies that the customer places a higher value on the good than the market price. The difference between the value to the consumer and the market price is called "Economic surplus, consumer surplus". It is easy to see situations where the actual value is considerably larger than the market price: purchase of drinking water is one example. Overvi ...
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Portrait Right
A portrait is a painting, photograph, sculpture, or other artistic representation of a person, in which the face and its expressions are predominant. The intent is to display the likeness, personality, and even the mood of the person. For this reason, in photography a portrait is generally not a snapshot, but a composed image of a person in a still position. A portrait often shows a person looking directly at the painter or photographer, in order to most successfully engage the subject with the viewer. History Prehistorical portraiture Plastered human skulls were reconstructed human skulls that were made in the ancient Levant between 9000 and 6000 BC in the Pre-Pottery Neolithic B period. They represent some of the oldest forms of art in the Middle East and demonstrate that the prehistoric population took great care in burying their ancestors below their homes. The skulls denote some of the earliest sculptural examples of portraiture in the history of art. Historical portraitur ...
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