DADVSI Law
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DADVSI Law
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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Moral Rights
Moral rights are rights of creators of copyrighted works generally recognized in civil law jurisdictions and, to a lesser extent, in some common law jurisdictions. The moral rights include the right of attribution, the right to have a work published anonymously or pseudonymously, and the right to the integrity of the work. The preserving of the integrity of the work allows the author to object to alteration, distortion, or mutilation of the work that is "prejudicial to the author's honor or reputation".
Berne Convention for the Protection of Literary and Artistic Works, September 9, 1886, art. 6bis, S. Treaty Doc. No. 27, 99th Cong., 2d Sess. 41 (1986).
Anything else that may detract from the artist's relationship with the work even after it leaves the artist's possession or ownership may bring these moral rights into play. Moral rights ...
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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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Mulholland Drive (film)
''Mulholland Drive'' (stylized as ''Mulholland Dr.'') is a 2001 surrealist neo-noir mystery film written and directed by David Lynch and starring Naomi Watts, Laura Harring, Justin Theroux, Ann Miller, Mark Pellegrino, and Robert Forster. It tells the story of an aspiring actress named Betty Elms (Watts), newly arrived in Los Angeles, who meets and befriends an amnesiac woman (Harring) recovering from a car accident. The story follows several other vignettes and characters, including a Hollywood film director (Theroux). The American-French co-production was originally conceived as a television pilot, and a large portion of the film was shot in 1999 with Lynch's plan to keep it open-ended for a potential series. After viewing Lynch's cut, however, television executives rejected it. Lynch then provided an ending to the project, making it a feature film. The half-pilot, half-feature result, along with Lynch's characteristic surrealist style, has left the general meaning of the fil ...
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Court Of Cassation (France)
The Court of Cassation (french: Cour de cassation ) is one of the four courts of last resort in France. It has jurisdiction over all civil and criminal matters triable in the judicial system; it is the supreme court of appeal in these cases. It has jurisdiction to review the law, as well as to certify questions of law, to determine miscarriages of justice. The Court is located in the Palace of Justice in the 1st arrondissement of Paris. The Court does not have jurisdiction over cases involving claims against administrators or public bodies, which fall within the jurisdiction of administrative courts, for which the Council of State acts as the supreme court of appeal; nor over cases involving constitutional issues, which fall within the jurisdiction of the Constitutional Council; nor over cases involving disputes about which of these courts has jurisdiction, which are heard by the Jurisdictional Disputes Tribunal. Collectively, these four courts form the topmost tier of the Fr ...
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European Court Of Justice
The European Court of Justice (ECJ, french: Cour de Justice européenne), formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Union, it is tasked with interpreting EU law and ensuring its uniform application across all EU member states under Article 263 of the Treaty of the Functioning of the European Union (TFEU). The Court was established in 1952, and is based in Luxembourg. It is composed of one judge per member state – currently – although it normally hears cases in panels of three, five or fifteen judges. The Court has been led by president Koen Lenaerts since 2015. The ECJ is the highest court of the European Union in matters of Union law, but not national law. It is not possible to appeal against the decisions of national courts in the ECJ, but rather national courts refer questions of EU law to the ECJ. However, it is ultimately for the national court ...
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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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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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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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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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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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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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