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DADVSI
Loi DADVSI (generally pronounced as ''dadsi'') 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, ...
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French Copyright Law
The ''droit d'auteur'' (or French copyright law) developed in the 18th century at the same time as copyright developed in the United Kingdom. Based on the " right of the author" (''droit d'auteur'') instead of on "copyright", its philosophy and terminology are different from those used in copyright law in common law jurisdictions. It has been very influential in the development of copyright laws in other civil law jurisdictions, and in the development of international copyright law such as the Berne Convention. French copyright law is defined in the ''Code de la propriété intellectuelle'', which implements European copyright law (directives). Unless otherwise stated, references to individual articles are to the ''Code de la propriété intellectuelle''. Two distinct sets of rights are defined:. *Proprietary rights (''droits patrimoniaux'') *Moral rights (''droits moraux'') The controversial DADVSI act was due to reform French copyright law in spring 2006. This law, voted by th ...
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Digital Rights Management
Digital rights management (DRM) is the management of legal access to digital content. Various tools or technological protection measures (TPM) such as access control technologies can restrict the use of proprietary hardware and copyrighted works. DRM technologies govern the use, modification, and distribution of copyrighted works (such as software and multimedia content), as well as systems that enforce these policies within devices. Laws in many countries criminalize the circumvention of DRM, communication about such circumvention, and the creation and distribution of tools used for such circumvention. Such laws are part of the United States' Digital Millennium Copyright Act (DMCA), and the European Union's Information Society Directive (the French DADVSI is an example of a member state of the European Union implementing the directive). DRM techniques include licensing agreements and encryption. The industry has expanded the usage of DRM to various hardware products, such as K ...
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Digital Rights Management
Digital rights management (DRM) is the management of legal access to digital content. Various tools or technological protection measures (TPM) such as access control technologies can restrict the use of proprietary hardware and copyrighted works. DRM technologies govern the use, modification, and distribution of copyrighted works (such as software and multimedia content), as well as systems that enforce these policies within devices. Laws in many countries criminalize the circumvention of DRM, communication about such circumvention, and the creation and distribution of tools used for such circumvention. Such laws are part of the United States' Digital Millennium Copyright Act (DMCA), and the European Union's Information Society Directive (the French DADVSI is an example of a member state of the European Union implementing the directive). DRM techniques include licensing agreements and encryption. The industry has expanded the usage of DRM to various hardware products, such as K ...
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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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Berne Three-step Test
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 reproduction does not conflict wi ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ...
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De Facto
''De facto'' ( ; , "in fact") describes practices that exist in reality, whether or not they are officially recognized by laws or other formal norms. It is commonly used to refer to what happens in practice, in contrast with ''de jure'' ("by law"), which refers to things that happen according to official law, regardless of whether the practice exists in reality. History In jurisprudence, it mainly means "practiced, but not necessarily defined by law" or "practiced or is valid, but not officially established". Basically, this expression is opposed to the concept of "de jure" (which means "as defined by law") when it comes to law, management or technology (such as standards) in the case of creation, development or application of "without" or "against" instructions, but in accordance with "with practice". When legal situations are discussed, "de jure" means "expressed by law", while "de facto" means action or what is practiced. Similar expressions: "essentially", "unofficial", "in ...
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Société Des Auteurs, Compositeurs Et éditeurs De Musique
Société des auteurs, compositeurs et éditeurs de musique (SACEM) is a French professional association collecting payments of artists’ rights and distributing the rights to the original songwriters, composers, and music publishers. Founded in 1851, it is a non-profit non-trading entity owned and managed by its members according to the business model of a cooperative. History Composers Ernest Bourget, Victor Parizot and Paul Henrion in Paris in 1847 (see 1847 in music Events * February 28 – Fire breaks out during a performance and destroys the Großherzoglichen Hoftheater in Baden. Most of the audience perishes because the theatre doors cannot be opened from the inside. *March 3 – ''I Lombardi alla prima c ...) succeeded in having payment made for their works which were being played in the leading café-concert at the time, Les Ambassadeurs. The French courts recognized these legitimate rights founded in revolutionary laws. The provisional union of authors, composers ...
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European Commission
The European Commission (EC) is the executive of the European Union (EU). It operates as a cabinet government, with 27 members of the Commission (informally known as "Commissioners") headed by a President. It includes an administrative body of about 32,000 European civil servants. The Commission is divided into departments known as Directorates-General (DGs) that can be likened to departments or ministries each headed by a Director-General who is responsible to a Commissioner. There is one member per member state, but members are bound by their oath of office to represent the general interest of the EU as a whole rather than their home state. The Commission President (currently Ursula von der Leyen) is proposed by the European Council (the 27 heads of state/governments) and elected by the European Parliament. The Council of the European Union then nominates the other members of the Commission in agreement with the nominated President, and the 27 members as a team are then ...
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Fair Use
Fair use is a 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. Unlike "fair dealing" rights that exist in most countries with a British legal history, the fair use right is a general exception that applies to all different kinds of uses with all types of works and turns 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 the Anglo-American common law during the 18th and 19th centuries as a way of preventing copyright law from being too rigidly applied ...
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Web Caches
A Web cache (or HTTP cache) is a system for optimizing the World Wide Web. It is implemented both client-side and server-side. The caching of multimedias and other files can result in less overall delay when browsing the Web. Parts of the system Forward and reverse A forward cache is a cache outside the web server's network, e.g. in the client's web browser, in an ISP, or within a corporate network. A network-aware forward cache only caches heavily accessed items. A proxy server sitting between the client and web server can evaluate HTTP headers and choose whether to store web content. A reverse cache sits in front of one or more web servers, accelerating requests from the Internet and reducing peak server load. This is usually a content delivery network (CDN) that retains copies of web content at various points throughout a network. HTTP options The Hypertext Transfer Protocol (HTTP) defines three basic mechanisms for controlling caches: freshness, validation, and invalidati ...
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