Copyright Institute Research Articles

Историко-правовой анализ защиты авторских прав в Великобритании

Introduction. The history of origin and development of copyright, mechanisms of its protection is closely related to the change of paradigms, transformation of society, and emergence of qualitatively new social relations in it. The identification of general historical regularities as well as significant differences allows not only to characterise more clearly the problems arising in connection with copyright protection, but also, based on the events of the past, to identify trends in the further development of this institution. The author was given a multi–faceted task of this study – the systematization of knowledge about the subject of research with the identification of features and historical patterns associated with the emergence of the copyright institute in the UK. Essential to substantiate the existence of copyright in modern realities is the need to clarify the conceptual ideas and traditions of literary and artistic property in the law making of European states of the XIX – historical context, identifying the peculiarities of each stage, from the first royal privileges to modern approaches to copyright protection in Great Britain. Methods. The solution of the problems faced by the researcher was possible taking into account the use of methods of analysis, synthesis, analogy in combination with comparative-legal, formal-legal, systemic methods, as well as problem-theoretical and historical-legal methods of research. Results. The obtained results of the conducted historical and legal analysis supplement the knowledge on the theory and history of foreign state and law, clarify the peculiarities of the nature of copyright in its historical context. Conclusion. Identification and establishment of historical and legal connections, general historical regularities of origin, formation and further development of the institute of copyright in Great Britain (its protection) will allow to outline a number of issues arising in copyright in the modern world and to determine the trends of further development of this institute.

Criticism of the institution of copyright through the prism of Anglo-American philosophical and legal thought

Criticism of the institution of copyright through the prism of Anglo-American philosophical and legal thought

Unravelling Copyright Dilemma of AI-Generated News and Its Implications for the Institution of Journalism: The Cases of US, EU, and China

This study adopts a multiple-case study design to address ‘Does copyright law protect automated news, and if so, how’ in three jurisdictions: the United States, the European Union and China. Through doctrinal legal analysis of the copyright laws and document analysis of policy reports, corporate responses and other empirical evidence, this study has found that the three copyright regimes differ substantively with regard to both formal texts and informal enforcement of copyright claims to artificial intelligence (AI)-generated news. In the United States, there has been a policy silence. In the European Union (EU), eager regulators have rushed to enact premature laws and failed policy patchwork. In China, the state is instrumentalising both laws and journalism to further its own interests. These findings suggest that current regulatory frameworks in all cases have led to a weakening of the institution of copyright, which, in turn, has contributed to the deinstitutionalisation of journalism and the institutionalisation of algorithms.

SUBSTANTIVE COMPONENTS OF COPYRIGHT: ESSENCE, FEATURES, SPECIFICITY

Objective. The objective of this scholarly article is to find out the essence of copyright, namely its key concepts and basic principles, to identify the mechanisms and tools for its protection in Ukraine. Methods. Theoretical methods include analysis and synthesis of literature on the problem under study; practical methods are the selection of factual material on the basis of which conclusions about the essence of copyright. Key concepts and basic provisions, mechanisms and instruments of copyright protection in Ukraine will be formulated. Results. The 21st century is considered the beginning of a new era, which is characterized by global technologies, high informatization, mechanization, and dynamic economic growth. In this century, the main attention of society is paid to the intellectual product, which forms the basis of the concept of "intellectual property" (IP) in the economic and legal context. The collected factual material allows us to conclude that the modern development of any field of human activity (culture, industry, agro-industrial complex, health care, etc.) is impossible without proper technical and scientific support and spiritual achievements of society. These aspects are closely related and interdependent. Thus, the problem of proper use of the intellectual potential of society and the nation as a whole requires constant attention and support from the state. The existence of a modern system of legal protection of IP in Ukraine contributes to the preservation and enrichment of the technical and scientific potential of the state, the development of the national economy and international trade, as well as the attraction of foreign investments, in particular in the form of advanced technologies, which allows Ukraine to enter the world market of intellectual property as an equal in rights partner. The norms of copyright, together with provisions on related rights, form a single institution of IP law - the institution of copyright and related rights. Objectively, copyright is considered as a complex of civil law norms that regulate relations that arise during the creation and use of works of art, science and literature. Subjectively, copyright represents personal and property rights that arise in connection with the creation of works of science, literature and art by the individuals who created them, and which are subject to protection according to the law. It is important to note that copyright arises immediately from the moment of creation of the work, and this moment is recognized by the manifestation of the work on a tangible medium in such a way that it can be understood by others.

The Grace Note and the Vampire: Adaptation in an Age of Intellectual Property

Abstract This article attempts to examine in further detail the discourse involved in the difference between adaptation studies and intertextuality. I argue that the field of adaptation studies makes a fundamental but often overlooked assumption in its self-definition: that author and adaptors pre-date the works they are creating. I propose instead that an author doesn’t create a work, but that a work creates an author. This is not universally true, but material in eras and locations in which legal institutions attempt to define authorship. My observation is relevant when considering the modern institution of copyright and the effect IP laws have had on the environment generative of adaptations. The consequences of these effects result in authorship often assigned after the creation of a work and lengthy legal hand-wringing.

Role of Copyright Institutions and Enforcement Agencies in the Digital and Online Dissemination of Copyright Works

Digital and online dissemination of copyright works contributes in meaningful ways to the achievement of social inclusion and cultural diversity. This is because it provides a medium which affords a worldwide audience by projecting cultural heritage, promoting socio-economic development, supporting foreign direct investment and expansion of the Nigeria market. It is the aim of this paper to examine the role and challenges of the copyright institutions and enforcement agencies that prevent them from performing optimally. It is also the aim of the paper to examine: the impact of digital technology on copyrightable work; the adequacy of existing and emerging responses to the phenomenon and to what extent does the existing legal framework in Nigeria cater for the traditional as well as new technology paradigms, which give reason for an examination of existing legal regime under Nigeria’s copyright law. The paper situates the discourse in its proper context by undertaking: an examination of the powers, functions and challenges of the various copyright institutions and enforcement agencies in fighting infringement; the Nigeria Copyright Act—substantive provisions and the Nigeria digital and online dissemination of copyright works. The paper found out that digital technology has a strong impact on the attainment of these objectives, both in terms of opportunities for profitable exploitation, and as a challenge which exacerbates the problem of infringement. Therefore, the paper proposes that these issues need to be addressed through law reforms to address issues relevant to the right of copyright owners online by putting in place a suitable legal framework. Also necessary is logistic, technical support and creation of awareness levels of the implication and available options for right holders.

Peculiarities of copyright protection in the conditions of developing the information society

The paper states that in the global network, any work can be stolen and distributed, because the network provides free copying of information without additional agreements and legal actions. In this situation, the only obstacle is the institution of copyright. But in our country there is no codified legislation that would regulate legal relations in the global network. Existing regulations regulate only certain aspects of network operation. Copyright protection is one of the highest priorities in the field of protection and enforcement of intellectual property in the development of the information society. The future of our state also depends on how legally professionally and effectively the legal mechanisms of copyright protection will be formed. It is determined that the global network is significantly ahead of the improvement of regulations necessary to resolve disputes that arise. Legal problems in the network are becoming increasingly important. The most common copyright infringement is the placement of copyrighted objects on the global network, which does not take into account the provisions on their protection. Copyright protection is defined as a set of measures aimed at restoring or recognizing copyright and related rights and protecting the interests of their owners in the event of their infringement or challenge. In our country, with the development of market relations, copyright is gradually becoming one of the most competitive goods in foreign and domestic markets. In this regard, the urgency of forming an effective mechanism for legal protection of the relevant law is growing. The importance of the problem of copyright protection is that not all possibilities of copyright protection provided by the current legislation of our state are applied in practice, especially in the protection of copyright in the modern information society.

Anton Grigoryevich Rubinstein and his Russian Publishers

The article presents a focused look at the professional relations of the composer and pianist Anton Grigoryevich Rubinstein (1829—1894) with his main Russian publishers — V.V. Bessel and P.I. Jurgenson. The article is based on musical and historical research concerning the history of the Bessel and Jurgenson publishing houses, works on copyright, A.G. Rubinstein’s epistolary, and archival documents from the Russian National Museum of Music. For the first time in music science, there are revealed some pages of the history of personal and business contacts of the three named persons, primarily the conflicts related to the rights to publish the composer’s works in Russia. The first documented contract for the publications of A.G. Rubinstein was received by P.I. Jurgenson (for op. 82, 1868). However, the contract of A.G. Rubinstein with the trading house “Bessel and Co.”, concluded in 1871 (though Rubinstein’s first work had been published by Bessel two years earlier), was much more extensive and significant. Under this contract, it was supposed to publish more than fifty A.G. Rubinstein’s works of various genres, so in the 1870s, V.V. Bessel became the main Russian publisher of the composer. However, in 1879, A.G. Rubinstein unexpectedly changed his main publisher in Russia. This position was taken by P.I. Jurgenson, whose trading house also published an extensive list of Rubinstein’s compositions, as well as his literary works. This is evidenced by several notarized contracts, stored in the Russian National Museum of Music, between Rubinstein and “P.I. Jurgenson” company. Thus, the two leading Russian publishers of A.G. Rubinstein legally formalized their relations with the composer, which allows us to follow, in a reasoned and substantive way, the process of maturation of the institution of copyright for music publications in Russia in the last third of the 19th century.Using the example of A.G. Rubinstein, in comparison with the position of M.A. Balakirev, the article also raises the issue of granting copyright to a publisher not only in Russia, but also “forever and for all countries”. The comparative analysis of publications of the same composer by different publishing companies is also new to Russian musicology, this helps identify certain accents that publishers put in popularizing A.G. Rubinstein’s works. The publication of the composer’s works by various publishers also highlights new aspects in his creative process, in the history of the creation, receipt of the opus number, and the titles of some of his works.

High frequency response of grounding electrodes: effect of soil dielectric constant

paper is a postprint of a paper submitted to and accepted for publication in IET Generation, Transmission & Distibution (GTD) and is subject to Institution of Engineering and Technology Copyright. The copy of record is available at the IET Digital Library.Abstract:Grounding electrodes have an important role in electric power transmission and distribution systems. They are used to prevent excessive hazardous voltages between metallic structures and ground in the case of system faults or lightning surges. It is important that they provide a low impedance path for the current in to the ground. The electrical properties of soil, which vary substantially with geographical location and time of year, affect the process considerably along with the properties of the grounding electrode itself, such as its dimensions.In order to have an accurate estimation of the developed overvoltages and the backflashover rate of the transmission lines due to a lightning strike, one has to take into account the effect of the value of the soil electrical parameters, such as the electrical conductivity and dielectric constant.This paper investigates the high frequency behavior of the grounding electrodes by solving a full-wave electromagnetic problem using the Finite Element Method (FEM). The focus is on taking into account the effect of the variation of soil relative permittivity which has been neglected in the previous studies of the grounding systems. This allows an evaluation of the response of grounding systems due to seasonal changes and specifically change of the water content of the soil, which would cause its electrical properties to vary significantly. This studydemonstrates the importance of considering the variation of relative permittivity of the soil especially in the modeling of electrodes buried in highly resistive soil.

Ontology evolution for personalised and adaptive activity recognition

Ontology-based knowledge driven Activity Recognition (AR) models play a vital role in realm of Internet of Things (IoTs). However, these models suffer the shortcomings of static nature, inability of self-evolution and lack of adaptivity. Also, AR models cannot be made comprehensive enough to cater all the activities and smart home inhabitants may not be restricted to only those activities contained in AR model. So, AR models may not rightly recognize or infer new activities. In this paper, a framework has been proposed for dynamically capturing the new knowledge from activity patterns to evolve behavioural changes in AR model (i.e. ontology based model). This ontology based framework adapts by learning the specialized and extended activities from existing user-performed activity patterns. Moreover, it can identify new activity patterns previously unknown in AR model, adapt the new properties in existing activity models and enrich ontology model by capturing change representation to enrich ontology model. The proposed framework has been evaluated comprehensively over the metrics of accuracy, statistical heuristics and Kappa Coefficient. A well-known dataset named DAMSH has been used for having an empirical insight to the effectiveness of proposed framework that shows a significant level of accuracy for AR models This paper is a postprint of a paper submitted to and accepted for publication in IET Wireless Sensor Systems and is subject to Institution of Engineering and Technology Copyright. The copy of record is available at the IET Digital Library

Tekijänoikeuksien monet puolet

Copyright literacy in Finnish libraries, archives and museums was studied by a web survey as part of a multinational research. The questionnaire was answered at least partly by 274 and completely by 156 informants who mostly were experienced professionals. The study focused on the awareness of national and international copyright legislation and institutions, regulations concerning different aspects of copyright, and sources of copyright information that the respondents would use. They were moderately well aware of national legislation and copyright institutions, open data and open access, while international regulations were less familiar. The results in many respects corresponds with those of an international survey concerning 13 countries. The most important information sources concerning copyright were the internet, colleagues, books and articles. The informants suggested a great variety of copyright issues for contents of future education, and especially wished for instruction on how to apply legislation in practical cases.

History and Main Trends in the Development of Copyright

The article defines the history, development trends and some problematic provisions of copyright law. The relevance of the study is caused by the tendency to tighten copyright legislation. The purpose of the study is to explore the genesis of the institute of copyright and its modern state. Among the objectives set to achieve this objective there is identifying the causes and features of the legal regulation of authorship in different countries, analyzing the activities of global organizations that control the main international agreements in the area under study, identifying the main problems of the sphere, explaining their causes and offering a solution. The study provides various scientific perspectives on legal instruments for regulating the sphere. The domestic, foreign and international regulatory framework for creative results is analyzed. The reasons, origins of this institution and the prospects for further development are raised. The nature of the institution of copyright and the comparison of its development in different countries are identified. The essential conditions for the appearance of copyright in a given country are indicated. As a result of the study, the overall status of the studied area is summarized. The results of the study of different views on the mentioned problems are presented, and solutions to address the scientific and social interests are proposed. The scientific novelty and significance of this study are that the copyright institute is considered in the article as unique in nature and originally English phenomenon served to the creation of an autonomous world legislative network dictating further conditions for the participating countries.

ПРАВОВІ ПРОБЛЕМИ ТА ОСОБЛИВОСТІ ЗАХИСТУ АВТОРСЬКИХ ПРАВ У МІЖНАРОДНОМУ ПРИВАТНОМУ ПРАВІ

The article is devoted to the study of legal problems and features of copyright protection as an institution of intellectual property in international private law. The work briefly describes the history of the formation of the protection of intellectual property rights in international private law. It is found out that it begins in the 19th century. The process of the emergence of the World Intellectual Property Organization, which plays a key role in coordinating the adoption of measures for international cooperation in the field of copyright protection, has been outlined. The article analyzes the positions of the Berne Convention for the Protection of Literary and Artistic Works of 1886 regarding the objects of protected copyright and the Berlin Conference of 1908, during which new provisions were established, such as the term of copyright protection, clear definitions of the concepts of literary and artistic works, etc. The results of the 1967 Stockholm Conference were investigated, in particular about the recognition of the “author’s right to reproduce”, the principle of protecting the personal rights of the author, etc. The difference between the Berne and Geneva conventions is clarified. It is stated that there are two forms of copyright protection: jurisdictional and non-jurisdictional. Within the framework of the jurisdictional form, the essence of the general and special protection procedures is determined. The key rules for resolving conflict issues of regulation of the institution of copyright have been determined. Among them are the rules for recognizing decisions of foreign courts, provisions on the application of law to contractual obligations, etc. The types of copyright infringements on the Internet have been highlighted. Measures to combat copyright infringement on the Internet at the legislative level are considered using the example of France and the United States. The methods of copyright protection on the Internet identified by scientists have been analyzed: limited functionality, the establishment of a kind of «timer”, the use of services of clearing centers, the use of cryptographic envelopes, the use of digital stamps. It is proposed to create an international regulatory framework that would regulate the protection of copyright on the Internet, as well as contain mechanisms for both preventive protection of copyright and protection after the infringement, and their legal regulation.

To history of origin of copyright on literature works

The article is devoted to the history and development of the institution of copyright in literary works. Highlights the main stages of formation of copyright in Europe in the XV-XIX centuries. Traced the process of formation the national legal base on intellectual property under the laws of the Russian Empire in the late XIX – early XX centuries.

New algorithm for continuous‐discrete filtering with randomly delayed measurements

This paper is a postprint of a paper submitted to and accepted for publication in IET Control Theory & Applications and is subject to Institution of Engineering and Technology Copyright. The copy of record is available at IET Digital Library.

Modal pattern stability factor as a figure of merit for characteristic modes

This paper is a postprint of a paper submitted to and accepted for publication in Electronics Letters and is subject to Institution of Engineering and Technology Copyright. The copy of record is available at the IET Digital Library.

Globalny wymiar nieautoryzowanego kopiowania dóbr informacyjnych

Article take the issue of the adequacy of the formal institutions of intellectual property rights in an era of global Internet society. Research area for this subject are information goods such as films and TV shows. In the center of the discussions is the problem of adapting formal institutional arrangements for informal standards of information goods copying via the Internet. The article highlights the problem of inconsistencies social norms with legal norms and the difficulties of implementing the formal institutions in an environment that has no physical barriers. Aim of the article is to present the scale of unauthorized copying of selected information goods and to consider the role of copyright in this phenomenon. This aim is connected with the hypothesis that the institution of copyright is not adapted to global communication taking place via the Internet.

The development of the institution of copyright in European countries

In an information society, the role of intellectual activity, which becomes a direct productive force, increases by many times. The complication of relations in the sphere of intellectual labor requires increasingly detailed regulation, including at the international level. The article published below is devoted to the history of the rise and development of copyright.

Assessment of a low‐profile planar antenna for a wireless sensor network monitoring the local water distribution network

This paper is a postprint of a paper submitted to and accepted for publication in IET Wireless Sensor Systems and is subject to Institution of Engineering and Technology Copyright. The final version is available the IET Digital Library.

AUTHORSHIP IN HISTORICAL PERSPECTIVE AND ITS BEARING ON NEW TESTAMENT AND EARLY CHRISTIAN TEXTS AND CONTEXTS

‘Authorship’ in Greco-Roman times must be understood as an interpretive, cultural construct. Writing activities were collective and participatory, and ranged, depending on the location and period, from courtiership to editorial, translation and facilitation work to entertainment to legal practice to education, embedded in pre-print contexts without the judicial and social institution of copyright. Whatever it was that ancient authors did when they wrote down and diffused thought, ‘authorship’ in antiquity must not be seen along the lines of modern, romanticist projections of the solitary, brilliant individual.