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The author analyses the digital exhaustion of the distribution right and its application in the EU copyright law. In the first part, the author presents the conditions for the digital exhaustion of the distribution right and overviews the main sources regulating exhaustion, from which the main problem related to the exhaustion of the distribution right of separation of communication to public and distribution rights arrises. In the view of the author, the transmission of works or objects of related rights over computer networks for permanent use by its users is akin but not fully attributable to distribution due to international and EU provisions restricting the distribution right to material copies only. Therefore, the author considers that the intervention of the legislator is necessary in order to implement the exhaustion of distribution right and to make a clear distinction between the rights of distribution and communication to the public. Other risks associated with the digital exhaustion of the distribution right, such as the „first copy“ problem, and the inefficiency of the technical measures to ensure that works (other objects) transmitted over computer networks are not reproduced without the permission of the rightholder, are also analysed in this work. Notwithstanding the mentioned concerns, the author presents the view that digital exhaustion of distribution right could be fully justified in terms of balancing the interests of rightholders and users of works (other objects) and suggests reviewing legal provisions relating to digital exhaustion in order to ensure that copyright law better meets actual social relationships and key consumer needs.

Academic law librarians have two primary responsibilities in the profession: to be faithful to the fundamental law of library science, and to be the frontrunners in implementing the law of the land. The Philippine copyright law tests the academic law librarians' purpose in accomplishing both responsibilities. In this pandemic, when most library services are on online modality, the academic law librarians' duty of providing information the fastest way possible may slow down due to their obligation to abide by the copyright law. To avoid this scenario and provide recommendations when this happens, the researchers of this study examines the overall perception of academic law librarians on the following: (1) the degree of which the copyright law in the country affects the librarians' provision of information service in this time of online modality; (2) the copyright law's impacts in fulfilling librarians' mission of carrying out the first fundamental law of library science; and (3) the extent of support the copyright law is providing the librarians while performing their tasks. Results are gathered using a 3-part survey questionnaire that tackles the demographics, perceptions, and concerns, and suggestions of the respondents. These are analyzed using percentages, weighted mean, and Spearman's Rank Correlation Coefficient. Salient results such as the low level of support the academic law librarians perceive they can get from the Philippine copyright law, and their conviction that the prevailing law needs additional provisions to protect librarians in providing information services while adhering to the fundamental law of librarianship, are significantly discussed in this study. [ABSTRACT FROM AUTHOR]

Controlled Digital Lending (CDL) is an emerging method that allows libraries to circulate a digitized title in place of a physical one in a controlled manner. CDL can give libraries and patrons the option of accessing materials in a more flexible manner, but it breaks the balance of interests of relevant parties in the traditional publishing ecosystem and causes great legal disputes. This paper describes the origins and implementations of CDL, expounds the attitudes and actions of various stakeholders, discusses current controversies surrounding CDL, its potential promise and perils, and finally some suggestions to balance the interests of relevant parties and reconstruct the balance of publishing ecosystem are puts forward. [ABSTRACT FROM AUTHOR]

Advocates of an expanded public domain and less restrictive copyright policies have made Woody Guthrie a cause célèbre for their point of view. Meditations on his artistic persona are used to support their argument, as is a direct quote about copyright that is cited with surprising frequency despite lacking proper citation. This research locates the source for Guthrie's copyright quote and corrects several false assumptions about its meaning, as well as about Guthrie's wider copyright activities. For proponents of public domain expansion who have mythologized Guthrie, this research thoroughly debunks that myth. [ABSTRACT FROM AUTHOR]

In the present times, the Internet has become a threat to copyright content by facilitating sharing of information on a large-scale, and providing accessible alternatives to retrieve information goods including films & music. The irony of sharing information over the internet is that 'access-to-content' is deemed synonymous with 'control-of-content'. This phenomenon is defined as "Online Digital Piracy". The Indian Film and Entertainment industry too is one such victim of piracy of its copyright in cinematographic works over the internet. This study attempts to understand the causes and impacts of Online Digital Piracy on the Indian Film Industry and the efficiency of the current legal regime in India governing the same. It takes a unique approach as the same is reflective of the inferences drawn from an empirical study of digital content consumers concerning the volumes of consumption of pirated film content. It deals with the conceptual and theoretical basis of online digital piracy with reference to the Indian Film Industry and critically evaluates the current legal regime in India under Copyright and Technology Laws to combat the adverse effects of piracy-related activities after corroborating the inferences drawn from an empirical study of consumer behaviour towards online digital piracy. [ABSTRACT FROM AUTHOR]

Copyright of Propiedad Inmaterial is the property of Universidad Externado de Colombia, Centro de Estudios de la Propriedad Intelectual and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article advances the notion of translatophilia, defined as the fetishisation of translation in hypercorrection of its perceived marginalisation. Using how Translation Studies scholars have engaged with the copyright regime in postpositivist fashion as a case in point, it argues that in the course of resisting structuralist notions of originality and authorship, Translation Studies has ironically come to fetishise its object of study as the privileged site of a new individuality and personality – romantic myths it initially set out to dispel. In light of the recent 'outward turn' in Translation Studies, the article identifies sources of anxiety in the field that have pushed it toward extreme theorisation. It proposes that before Translation Studies makes its outward turn, it is pertinent for it to first turn inward to combat its translatophiliac tendencies. [ABSTRACT FROM AUTHOR]

The development of intellectual property jurisprudence in Trinidad and Tobago has been slow despite the existence of a robust statutory framework. In the context of copyright law, there has been limited litigation, which has left most areas of copyright law undefined and uncertain. Recent case law on the right of reproduction and moral rights has revealed the problems with the law being untested and uncertain. This included the use of conflicting precedent in similar legal scenarios and a general lack of appreciation for the nuances of copyright law and resultantly a lack of desire to develop a coherent framework for copyright law. Trinidad and Tobago has the opportunity to forge a coherent copyright framework that will reflect its individual needs. However, to do this, policy‐driven decisions must be made that account for the specific intricacies of the copyright environment and the norms present in Trinidad and Tobago. As such, this article analyses the issues with the existing copyright framework in Trinidad and Tobago and provides guidance as to what can be done to assist its development. Furthermore, the article identifies a number of lessons that will be useful for Commonwealth countries with underdeveloped copyright frameworks. [ABSTRACT FROM AUTHOR]

From the very beginning, it was assumed that the new regulation – Law on Higher Education would mark the implementation of a ground-breaking, comprehensive reform of the higher education system introduced by the Polish government under the motto of “Constitution for Science”. It was emphasised that the project constituted the most extensive reform implemented within the framework adopted by the European Commission as the model for all large-scale systemic changes since 1989. The Constitution for Science replaced a number of earlier laws related to higher education and comprehensively encompassed the organisation of the academic system and science in Poland. The goal of the regulation was to establish optimum conditions to facilitate scientific and didactic excellence, ensure sustainable development of academic centres throughout Poland, and provide universities with effective management tools. Unfortunately, the efforts made to date by the Minister of Finance and Minister of Science and Higher Education in the face of the many difficulties emerging at the meeting point between copyright, tax and education laws have to be deemed ineffective. Unfortunately, the currently employed solutions are characterised by considerable complexity and lack of consistency. As it has been shown in the article, the goals pointed are globally recognised in many countries. It is unfortunately difficult to avoid the conclusion that although the idea of preferential treatment of researchers (taxpayers) is highly laudable as such, the manner in which it is being introduced contradicts the very purpose of the implemented reform.

In the tradition of legal writing about landmark intellectual property cases, this paper provides an in-depth case study and analysis of an important copyright conflict during the COVID-19 crisis. The Internet Archive established the National Emergency Library to provide for access to knowledge for those who were unable to access their usual libraries, schools, and educational institutions. In response, four large publishers have brought a copyright lawsuit against the Internet Archive, alleging both direct copyright infringement, as well as secondary copyright infringement. The Authors Guild has supported this action. Fearful of litigation, the Internet Archive has decided to close the National Emergency Library earlier than it anticipated. The litigation raises a range of issues in respect of copyright infringement, the defence of fair use, library exceptions, digital lending, and intermediary liability. The conflict also raises questions about the operation of the first sale doctrine in the digital era. There are also divided views as to what, if any, remedies are appropriate in the case over the Internet Archive and the National Emergency Library. It is argued that there needs to better mechanisms under copyright law to enable access to knowledge in a public health crisis—such as the coronavirus outbreak. This case study makes a significant contribution to our understanding of the relationship between authors, publishers, and libraries in the digital age. It also provides an insight into copyright litigation—in particular, the role of amicus curiae submissions, and the nature and scope of copyright exceptions. This paper also raises larger considerations about the intersection of copyright law with larger concerns about access to knowledge, competition policy, and public health emergencies. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Physical Education / Tiyu Xuekan is the property of Journal of Physical Education Editorial Office and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Patient-preferred music is often copyrighted music; prior research, however, has paid scant attention to music therapists' understanding and use of copyrighted music. To fill a gap in the literature, this exploratory study sought to understand music therapists' experiences and perceptions about permissible therapeutic uses of copyrighted music. Semi-structured interviews were conducted with 18 board-certified music therapists working in the United States. Collectively, these participants had over 300 years of professional experience. The interview transcripts were analyzed using an inductive approach to thematic analysis. Five main themes were identified: (1) copyright concerns created a complex psychological burden; (2) therapeutic needs warranted use of copyrighted music; (3) perceptions varied on permissible therapeutic practices using copyrighted music; (4) varied sources informed an understanding of copyright law; and (5) copyright clarity was needed to reduce the psychological burden. These themes suggest that psychological stress was produced by copyright uncertainty coupled with attempts by participants to satisfy diverse interests and protect multiple stakeholders, including patients, employers, their profession, and the law. Our findings suggest that a lack of clarity about permissible uses of copyrighted music can complicate music therapists' decision-making about appropriate therapeutic interventions. Clarity on permissible therapeutic uses of music could yield benefits for music therapists, patients, and the community. [ABSTRACT FROM AUTHOR]

The article analyzes the reasoning of the European Court of Justice (ECJ) in the case Deckmyn v. Vandersteen wherein the ECJ defined parody as an autonomous concept of EU law with certain essential characteristics. Topics include the focus of the case on a parodic drawing modeled after a cover of the "Suske & Wiske" comic book series, the preceding Advocate General's opinion in the case, and the conceptual challenges posed by parody in the digital age.