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Berne Convention For The Protection Of Literary And Artistic Works
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 prot ...
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Berne
Bern () or Berne; in other Swiss languages, gsw, Bärn ; frp, Bèrna ; it, Berna ; rm, Berna is the ''de facto'' Capital city, capital of Switzerland, referred to as the "federal city" (in german: Bundesstadt, link=no, french: ville fédérale, link=no, it, città federale, link=no, and rm, citad federala, link=no). According to the Swiss constitution, the Swiss Confederation intentionally has no "capital", but Bern has governmental institutions such as the Federal Assembly (Switzerland), Federal Assembly and Federal Council (Switzerland), Federal Council. However, the Federal Supreme Court of Switzerland, Federal Supreme Court is in Lausanne, the Federal Criminal Court of Switzerland, Federal Criminal Court is in Bellinzona and the Federal Administrative Court of Switzerland, Federal Administrative Court and the Federal Patent Court of Switzerland, Federal Patent Court are in St. Gallen, exemplifying the federal nature of the Confederation. With a population of about 133,000 ...
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Copyright Term
The copyright term is the length of time copyright subsists in a work before it passes into the public domain. In most of the world, this length of time is the life of the author plus either 50 or 70 years. Length of copyright Copyright subsists for a variety of lengths in different jurisdictions. The length of the term can depend on several factors, including the type of work (e.g. musical composition or novel), whether the work has been published or not, and whether the work was created by an individual or a corporation. In most of the world, the default length of copyright is the life of the author plus either 50 or 70 years. In the United States, the term for most existing works is a fixed number of years after the date of creation or publication. In most countries (for example, the United States and the United Kingdom) copyright expires at the end of the calendar year in question. The length and requirements for copyright duration are subject to change by legislation, and sinc ...
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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 ...
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Association Littéraire Et Artistique Internationale
The Association Littéraire et Artistique Internationale (ALAI) was founded in 1878 in Paris. Victor Hugo was the honorary president and founder of the association. The group gave itself the objective of creating an international convention for the protection of writers' and artists' rights, which was achieved eight years later with the Berne Convention on September 9, 1886. It continues to exist today and it is considered one of the premier international organizations that continues to suggest law reform in connection with the movement for international 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, educatio ... law. Further reading *Yasser Omar Amine, ''La mémoire oubliée de l’histoire du droit d’auteur égyptien : Les juristes M. Linant de Bellefonds, M. Pupikofer et E. ...
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Victor Hugo
Victor-Marie Hugo (; 26 February 1802 – 22 May 1885) was a French Romantic writer and politician. During a literary career that spanned more than sixty years, he wrote in a variety of genres and forms. He is considered to be one of the greatest French writers of all time. His most famous works are the novels ''The Hunchback of Notre-Dame'' (1831) and '' Les Misérables'' (1862). In France, Hugo is renowned for his poetry collections, such as (''The Contemplations'') and (''The Legend of the Ages''). Hugo was at the forefront of the Romantic literary movement with his play '' Cromwell'' and drama '' Hernani''. Many of his works have inspired music, both during his lifetime and after his death, including the opera ''Rigoletto'' and the musicals '' Les Misérables'' and '' Notre-Dame de Paris''. He produced more than 4,000 drawings in his lifetime, and campaigned for social causes such as the abolition of capital punishment. Though he was a committed royalist when young, H ...
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Joseph Ferdinand Keppler - The Pirate Publisher - Puck Magazine - Restoration By Adam Cuerden
Joseph is a common male given name, derived from the Hebrew Yosef (יוֹסֵף). "Joseph" is used, along with "Josef", mostly in English, French and partially German languages. This spelling is also found as a variant in the languages of the modern-day Nordic countries. In Portuguese and Spanish, the name is "José". In Arabic, including in the Quran, the name is spelled '' Yūsuf''. In Persian, the name is "Yousef". The name has enjoyed significant popularity in its many forms in numerous countries, and ''Joseph'' was one of the two names, along with ''Robert'', to have remained in the top 10 boys' names list in the US from 1925 to 1972. It is especially common in contemporary Israel, as either "Yossi" or "Yossef", and in Italy, where the name "Giuseppe" was the most common male name in the 20th century. In the first century CE, Joseph was the second most popular male name for Palestine Jews. In the Book of Genesis Joseph is Jacob's eleventh son and Rachel's first son, and ...
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Marrakesh VIP Treaty
The Marrakesh VIP Treaty (formally the Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired or Otherwise Print Disabled, colloquially Marrakesh Treaty or MVT) is a treaty on copyright adopted in Marrakesh, Morocco, on 27 June 2013. It achieved the deposit of 20 instruments of ratification or accession by eligible parties needed for entry into force on June 30, 2016 and entered into force three months later, on September 30, 2016. As of December 2022, the treaty has 91 contracting parties covering 117 WIPO Member States because the European Union joined as a block. History The treaty seeks to remedy a "book famine" for people who are unable to access standard print materials. Before the implementation of the treaty, the World Blind Union estimated that over 90% of copyrighted works were not produced in accessible formats; in developing countries, this number drops to around 1% of published materials. Before the treaty was signed ...
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User Generated Content
User-generated content (UGC), alternatively known as user-created content (UCC), is any form of content, such as images, videos, text, testimonials, and audio, that has been posted by users on online platforms such as social media, discussion forums and wikis. It is a product consumers create to disseminate information about online products or the firms that market them. User-generated content is used for a wide range of applications, including problem processing, news, entertainment, customer engagement, advertising, gossip, research and many more. It is an example of the democratization of content production and the flattening of traditional media hierarchies. The BBC adopted a user-generated content platform for its websites in 2005, and TIME Magazine named "You" as the Person of the Year in 2006, referring to the rise in the production of UGC on Web 2.0 platforms. CNN also developed a similar user-generated content platform, known as iReport. There are other examples of ne ...
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WIPO Copyright Treaty
The World Intellectual Property Organization Copyright Treaty (WIPO Copyright Treaty or WCT) is an international treaty on copyright law adopted by the member states of the World Intellectual Property Organization (WIPO) in 1996. It provides additional protections for copyright to respond to advances in information technology since the formation of previous copyright treaties before it. As of August 2021, the treaty has 110 contracting parties. The WCT and WIPO Performances and Phonograms Treaty, are together termed WIPO "internet treaties". History During the earlier stages of negotiations, the WCT was seen as a protocol to the Berne Convention, constituting an update of that agreement since the 1971 Stockholm Conference.Mort SA, 'The WTO, WIPO & the Internet: Confounding the Borders of Copyright and Neighboring Rights' (1997–98) 8 Fordham Intell Prop Media & Ent LJ 173. However, as any amendment to the Berne Convention required unanimous consent of all parties, the WCT was c ...
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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 ...
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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 appli ...
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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 conflic ...
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