Holders Of Rights Research Articles

Examining the Dilemma between Theory and Epistemology of ISP Knowledge for Secondary Liability

Holders of rights sue the intermediately service providers (ISPs) for contributory liability through the ISPs knowledge of infringement specifically for copyright infringement trademark and other rights. Formalism in the light of corrective justice strictly limits ISPs liability to fault based liability theory, but to evaluate ISPs fault gives credit to the probabilistic knowledge that requires ISPs to serve as the police for owners of rights. Furthermore, they are for establishing corrective justice law applies the mathematics though on the knowledge of fault via attempts to achieve all of the answers regarding the measure of evaluating ISPs’ knowledge from secondary liability rather than computing philosophy, social science, or realism. Other common theories recognize chief – justice brain or reasonable man mind induced as critical of ISPs’ knowledge of infringement. This is in contrast with computing mind philosophy. Research will answer inconsistency of theories and ISP knowledge to protect all parties’ rights.

Multinational Corporation as the Subject of International Law

Multinational Corporation is an enormous economic force in which the economic power itself is spreading in all over the world. It also makes the Multinational Corporation have a direct control the government of a country because the economic power of the country which is highly supported by the income of the Multinational Corporation. In addition, there are several actions that can also influence the law in a country and may also violate international law where observed by many countries. The multinational corporation influence can make a positive and negative impacts for the State in which there is Multinational Corporation. In case of any negative impact that may result in violation of either the national law or the international law, the offender must be punished. This penalty may occur in the event to responsible party. As the holders of rights and obligations it is named as the subject of law. In the international law happens to be happen a violations the agent will be called the subject of international law. the violations on international law occurred between the legal subjects and legal violations that occur in terms of differences in legal subjects and others. Multinational Corporation is the subject of international law, which in this case, the multinational corporation can also violated the international law and also be able to take legal actions in order to relate to the subjects of international law. It is mainly in the financial sector where the most common is a multinational corporation entered into agreements in which more concerning the financial issue.

Ethical considerations of doll therapy for people with dementia

The use of doll therapy for people with dementia has been emerging in recent years. Providing a doll to someone with dementia has been associated with a number of benefits which include a reduction in episodes of distress, an increase in general well-being, improved dietary intake and higher levels of engagement with others. It could be argued that doll therapy fulfils the concepts of beneficence (facilitates the promotion of well-being) and respect for autonomy (the person with dementia can exercise their right to engage with dolls if they wish). However, some may believe that doll therapy is inappropriate when applied to the concepts of dignity (people with dementia are encouraged to interact with dolls) and non-maleficence (potential distress this therapy could cause for family members). The absence of rigorous empirical evidence and legislative guidelines render this a therapy that must be approached cautiously owing to the varied subjective interpretations of Kitwood's 'malignant social psychology' and bioethics. This article suggests that by applying a 'rights-based approach', healthcare professionals might be better empowered to resolve any ethical tensions they may have when using doll therapy for people with dementia. In this perspective, the internationally agreed upon principles of the United Nations Convention on the Rights of Persons with Disabilities provide a legal framework that considers the person with dementia as a 'rights holder' and places them at the centre of any ethical dilemma. In addition, those with responsibility towards caring for people with dementia have their capacity built to respect, protect and fulfil dementia patient's rights and needs.

The Protection and Licensing of Music Rights in Sub-Saharan Africa: Challenges and Opportunities

IntroductionAfrica is a huge continent teeming with people-a vast sea of over one billion souls. Sub-Saharan Africa, which this research focuses on, boasts the majority of this population.2 All things being equal the region should have one of the biggest and most-thriving entertainment business sectors in the world. It is clear however that, to a large extent, the entertainment sectors in the region remain largely underdeveloped-at least in the conventional sense. In many instances it may be difficult to even clearly delineate an entertainment industry,3 despite a recognition of the great potential of the entertainment or creative sectors in spurring economic development in the region.4 The music industry is no exception in this regard.Even so, a lot of activity is in fact taking place, albeit largely on a low-scale, amateurish, or subsistence level with not much impact on GDP growth. Importantly, there have also been many success stories over the years. This makes the African music licensing environment at once enigmatic, interesting, and bemusing for the practitioner working in this market. Enigmatic because of the many activities in the industry that do not conform to the conventional understanding of how the industry works or how it should work; interesting because of the feeling of adventure and exhilaration arising from having to work with impassioned artist entrepreneurs delving into hitherto untapped areas; and bemusing because sooner or later the practitioner will have to face the fact that certain rough survival tactics, including the big-fish-eat-little-fish syndrome referred to by some earlier,5 may still be prevalent.6What will immediately be evident to one seeking to work in this market is the difficulty in finding any reliable information on the African music industry, both at a regional or national level. It is this lack of information that the Music in Africa project, an initiative of the Siemens Stiftung Germany and the Goethe-Institut, seeks to address.7 In this regard Edington Hatitye, Project Manager for the initiative, explained that the aim of the initiative is to foster a well-informed and African-driven music community and to facilitate an inter-African exchange, through creating an online-based portal for the dissemination of knowledge.8 Amongst others the project aims to have a directory of the various players in the African music industry, to have a section for useful resources about the industry (whether in the areas of entertainment law, the music business, music technology, or other relevant areas), and to have a section on education in which all information relating to music education and institutions will be reported. At this point, in the absence of this information this research had to depend on information gleaned from limited key players in the industry, as well as information available through research.The lack of a harmonized legal framework in the area of copyright and related rights protection on a pan-African basis, especially in the area of digital exploitation, may be another reason why the licensing of music rights in Africa poses some difficulties. Progress with regard to the African Economic Community formed in terms of the Abuja treaty of 1991 has been rather slow. This naturally affects regional integration and hampers any attempt at the harmonization of laws. The Southern and Eastern African Copyright Network (SEACONET), an ambitious non-governmental organization comprised of copyright offices, collective management organizations, rights holder organizations, and other organizations interested in copyright and related rights, was formed in 2008 with the support of a number of governments in Southern and Eastern Africa. One of the objectives of this organization is to harmonize the laws relating to copyright and related rights in this sub-region, especially in the area of enforcement and cross-border measures.9 In 2012 the organization adopted a model copyright law with rather noble ideals. …

Os direitos dos adolescentes no Sistema Constitucional Brasileiro / THE RIGHTS OF THE ADOLESCENTS IN THE BRAZILIAN CONSTITUTIONAL SYSTEM

The constitutionalization of the rights of Brazilian adolescents, from ahistorical approach, consists in anormative change which aims to overcome the model of egal treatment set to this specific public, inforce untilthe endof the twentieth century. It is the legal recognition of the peculiar condition of such people, as subjects of rights anddignity. It’s the adults: State, family and society, in the performance oftheir social roles, which should enable the objective conditions for them to grow and develop potentialities.Adolescents are holders of rights and obligations or responsibilities that are gradual to their stage of development. Their rights, interdependent, have a horizontal efficacy, because it’s effectiveness is a dutyfor the family and for society. And a vertical efficacy, since the State has the duty of installment of public policies and the duty of omission, ornegative obligation, due to the limited intervention in the life and family of people.

Fabian two-row winter barley

Fabian is a medium-late two-row feedin barley of winter habit developed at Agrotest Fyto, Ltd., Kroměříž, Czech Republic (breeders’ rights holder) and registered in the Czech Republic in 2011. In the Official Variety Trials it showed high grain yields under intensive growing conditions (104.5%) and medium yields under low input conditions (101.1%). Fabian has the highest cold hardiness of the registered two-row winter barleys and regenerates very well in the spring. Its resistance to powdery mildew is very high (score 8.2 on a 1–9 scale). It has medium plant height, moderate resistance to lodging and large yellow kernel. The spike is long and of medium density.

Dissemination of knowledge and copyright: an historical case study

Purpose – Does copyright protection reduce or foster intellectual and industrial creation? Based on a case study from history of science, the aim is to provide more controversial evidence to this debate. Design/methodology/approach – The investigation used primary and secondary sources from the history of science and made the link to the actual debate on copyright, piracy and scientific communication. Findings – The paper describes how Elzevier, through non-authorized exploitation of a new product and without consideration of the editor's legitimate interests, in a context of missing copyright protection, largely contributed to the dissemination of the French Journal de Savants and its content, and finally to the success of scientific journals. Obviously, rights infringement can not only promote the interest and objective of the rights holder but also and above all contribute to the emergence and development of new forms of scientific life. Sometimes, when barriers to communication and debate are too strong, tolerated and calculated infringement may be an option to move the lines/change the situation. Research limitations/implications – In the post-Gutenberg galaxy, made up of open access, common goods and public domain, open data and e-Science, evaluation, innovation, sustainability, communication and sharing, copyright is not necessarily the (only) option to develop scientific communication. At least, the authors have to study lessons from academic publishing, copyright protection and piracy very carefully. Originality/value – The paper sheds light on a surprising and not very well-known part of the history of academic publishing.

Disciplining the Vernacular: Fair Use, YouTube, and Remixer Agency

Disciplining the Vernacular: Fair Use, YouTube, and Remixer Agency

Search, Seizure, and Immunity: Second-Order Normative Authority and Rights

A paradigmatic aspect of a paradigmatic kind of right is that the rights holder is the only one who can alienate it. When individuals waive rights, the normative source of that waiving is normally taken to be the individual herself. This moral feature—immunity—is usually in the background of discussions about rights. We bring it into the foreground here, with specific attention to a recent U.S. Supreme Court decision, Kentucky v. King (2011), concerning search and seizure rights. An entailment of the Court's decision is that, at least in some cases, a right can be removed by the intentional actions of the very party against whom the right supposedly protects the rights holder. We argue that the Court's decision is mistaken. The police officers in the case were not morally permitted, and should not be legally permitted, to intentionally create the very circumstances that result in the removal of an individual's right against forced, warrantless search and seizure.

Psicologia na saúde: sociopsicológica ou psicossocial? Inovações do campo no contexto da resposta brasileira à aids

A critical review of the literature on the uses and meanings of the expression psychosocial in Brazilian journals opens this text. It will discuss how the Brazilian notion of “psychosocial mode” to organize mental health care, framed within the health reform movements in the 1980s, contributed to the formation of a fi eld of studies and innovative practices, developed mostly in the context of the Brazilian response to AIDS. Its human rights perspective is unknown in its details as well as its constructionist approach to health psychology defi ned as psychosocial rather than socio-psychological, distinguished also by a psychosocial approach at the various levels and territories of prevention and care practices. The techniques and work processes derived from a unique Brazilian vulnerability and human rights approach (V&HR) value the programmatic mediation of the inextricably linked social and individual vulnerability and, therefore, actions for mitigation of rights violations. Strongly inspired by hermeneutics and the social sciences constructivism, this approach to constructionist social psychology prioritize the comprehension of “inter-subjectivity in scene”, understood as intrinsically related to socio-cultural scenarios – approached in programmatic encounters at health services through personal trajectory and everyday life scenes. The notion of person, taken as a subject of discourses and holder of rights, contrasts with the notion of a biological-behavioral individual of the health psychology tradition that remained active in other paradigms of health-disease processes. This article will provide references for a critical refl ection on the historical and scholarly production in the fi eld of AIDS included in this supplement.

Social psychology and health: socio-psychological or psychosocial? Innovation of the field in the context of the Brazilian responses to AIDS

A critical review of the literature on the uses and meanings of the expression psychosocial in Brazilian journals opens this text. It will discuss how the Brazilian notion of “psychosocial mode” to organize mental health care, framed within the health reform movements in the 1980s, contributed to the formation of a fi eld of studies and innovative practices, developed mostly in the context of the Brazilian response to AIDS. Its human rights perspective is unknown in its details as well as its constructionist approach to health psychology defi ned as psychosocial rather than socio-psychological, distinguished also by a psychosocial approach at the various levels and territories of prevention and care practices. The techniques and work processes derived from a unique Brazilian vulnerability and human rights approach (V&HR) value the programmatic mediation of the inextricably linked social and individual vulnerability and, therefore, actions for mitigation of rights violations. Strongly inspired by hermeneutics and the social sciences constructivism, this approach to constructionist social psychology prioritize the comprehension of “inter-subjectivity in scene”, understood as intrinsically related to socio-cultural scenarios – approached in programmatic encounters at health services through personal trajectory and everyday life scenes. The notion of person, taken as a subject of discourses and holder of rights, contrasts with the notion of a biological-behavioral individual of the health psychology tradition that remained active in other paradigms of health-disease processes. This article will provide references for a critical refl ection on the historical and scholarly production in the fi eld of AIDS included in this supplement.

Farmers who do not comply fully with protected variety use obligations held to be infringers of such rights

While farmers may make use of a protected variety without the consent of the rights holder, as provided by Regulation 2100/94 on Community Plant Variety Rights, farmers who do not comply with the obligations arising out of this privilege are regarded by the Court of Justice of the European Union as infringers of such rights.

The Role of Small and Medium Enterprises in Managing Intellectual Property in Kenya: A Case of Gifted Hands

Intellectual property delivers core competencies, which fuels long-term sustainable competitive advantage. This study sought to determine the role of SME’s in managing intellectual property in Kenya. The study was done on one organization to allow an in-depth analysis. To achieve the main objective of this study, the study was guided by four specific objectives including the determination of how Small and Medium Enterprises create awareness on intellectual property management in Kenya; establishing the extent to which Small and Medium Enterprises fund intellectual property management in Kenya; determining how Small and Medium Enterprises assist the government in formulating policies on intellectual property management in Kenya and establishing the contribution of Small and Medium Enterprises to innovation and inventions in Kenya. The research adopted a descriptive survey. Descriptive research design was chosen because it enabled the researcher to generalise the findings to a larger population. The population of this study comprised the employees at Gifted Hands Limited. From study findings, the study concludes that community workshops should be held to raise awareness of the economic importance of intellectual property and to increase stakeholders’ participation in the intellectual property policy making process. Further the study concludes that to be acceptable, any system of intellectual property rights has to strike a balance on the one hand, between providing incentives and rewards to the rights holder and on the other hand facilitate access to, and widespread diffusion and adoption of the fruits of creativity and innovation. Finally, in order for a firm to effectively manage its intellectual property it needs to establish a comprehensive policy which will provide guidelines on how to handle intellectual property and that the costs of patenting are generally perceived as one of the greatest barriers for SME.

The (Neo) institutionalization of legacy and its sustainable governance within the Olympic Movement

The purpose of this article was to further explore the emergence of legacy and the process through which it becomes a taken-for-granted institutional rule that has impacted how organizations plan and implement the Games. More specifically, this article reviews why and how legacy was adopted, the forces at play, and the subsequent implications on bid and organizing committees and other actors within the Olympic Movement. Institutional theory is applied as a theoretical framework to investigate the emergence and evolution of legacy and its governance. The organizational field under investigation consists of the committees involved in the bidding for and hosting of the Olympic Games, the International Olympic Committee as the main rights holder, and other actors within the Olympic Movement which impact or can be impacted by the event's legacy (e.g., national and international sport organizations and sponsors). Archival material was used as the primary source of data. This source included multiple types of documentation such as bid documents, candidature files, final reports, and related websites. Institutionalization is an ongoing process. As such, in order to further understand the adoption of legacy into the Olympic Movement, the evolution of the concept was broken down into the pre-institutionalization, semi-institutionalization, and full institutionalization phases as described by Tolbert and Zucker. Managerial implications that arise as a result of the institutionalization of legacy and the subsequent objectification of its governance are discussed.

PERLINDUNGAN HUKUM BAGI PEMEGANG HAK ATAS TANAH DALAM PENETAPAN GANTI RUGI TERKAIT DENGAN PENGADAAN TANAH UNTUK KEPENTINGAN UMUM

Land acquisition is done by way of release or transfer of land rights of the holders of rights over land to government agencies that require ground. As a form of respect for the rights of holders of land rights, which require land-party in this case is the government agency, provide appropriate compensation on the basis of agreement between both parties through consultation. Form of legal protection given to holders of land rights is the determination of compensation based on the deliberations, the proper compensation that can provide a better survival than the level of socio-economic life before the affected land acquisition, and submission of objections to the amount of indemnification. Custody compensation cannot be the basis for taking land holders of land rights by Government agencies that require ground.Key Words : land acquisition, legal protection, custody compensation.

Should trees have standing? Toward legal rights for natural objects

This chapter proposes that people give rights to forests, oceans, rivers and other so-called in the environment-indeed, to the natural as a whole. But for a thing to be a of something more is needed than that some authoritative body will review the actions and processes of those who threaten it. As the author shall use the term, holder of rights, each of three additional criteria must be satisfied. Natural objects would have standing in their own right, through a guardian; damage to and through them would be ascertained and considered as an independent factor; and they would be the beneficiaries of awards. In such fashion, judges who could unabashedly refer to the legal rights of the environment would be encouraged to develop a viable body of law-in part simply through the availability and force of the expression.

PROTOCOL: The Impact of Land Property Rights Interventions on Agricultural Productivity in Developing Countries: A Systematic Review

PROTOCOL: The Impact of Land Property Rights Interventions on Agricultural Productivity in Developing Countries: A Systematic Review

A database right in search results? – An intellectual property right reconsidered in respect of computer generated databases

With much information available from open sources on the internet, computer generated databases have become commonplace. The question whether computer generated databases can be protected under the sui generis database right has hitherto received little attention. This article investigates this question and finds that the substantiality of investment, the definition of the rights holder and the interpretation of exclusive rights raise fundamental issues.

Land Usage and Siida Autonomy

The 2007 Reindeer Husbandry Act acknowledged in principle the tra- ditional Sámi siida as a rights holder and basic unit of the working partnership. The Act provides a definition of the siida and certain provisions concerning its institutional aspects. The siida system had lost prominence under the Reindeer Herding District regime. Two basic issues must now be determined to restore siida autonomy – animal numbers, and siida rules of land usage. The article dis- cusses these issues in relation to traditional reindeer herding customs.Keywords: Sámi, siida, reindeer husbandry, land, scientific and juridical approach, herding concepts.Citation: Arctic Review on Law and Politics, vol. 3, 2/2011 p. 138–158. ISSN 1891-6252

La relation de soin

The emergence and development of the rights of the child, initiated by the international texts lead to consider the minor as a subject of law, endowed with freedom. Therefore, the child must be informed and participate in decisions that concern them. Act No. 2002-305 of 4th March 2002 concerning parental authority has taken note of this development. Parental authority is designed as a duty for parents that they must exercise in the interest of the child. But the parents do not have any authority over the minor, holder of rights, against or towards his parents. These principles were taken over by the public health Code and the consent of the minor to the Act or the medical treatment should be sought by the doctor. In the care relationship, the difficulty for the physician is to determine the value that should be given to the consent of the minor conflict between holders of parental authority and the minor. If parental leave to care remains the principle, the consent of the minor must be respected in a number of assumptions. But the legislature has passed under silence many acts for which the doctor will hesitate between parental permission and consent of the minor. He will then tend to make a report to the Attorney of the Republic so that a measure of educational assistance will be put in place by the judge of the children. However, the legal reality is much more nuanced and situations do not deserve to be stage.