WARNER MUSIC UK LTD v TUNEIN INC

2019 ◽  
Vol 136 (12) ◽  
pp. 777-833
Author(s):  
Keyword(s):  
Freedom Of Expression ◽  
Copyright Infringement ◽  
Freedom Of Information ◽  
Communication To The Public ◽  
Sound Recordings ◽  
The Public ◽  
Internet Radio ◽  
New Public ◽  
The Uk ◽  
Safe Harbours

Abstract H1 Copyright – Infringement – Sound recordings – Internet radio services – Hyperlinks – Targeting – Communication to the public – Whether communication to the public in the UK – Consent – Whether the UK public was a new public – Freedom of information – Freedom of expression – Availability of a recording facility – Liability of users – Time shifting – Liability of station providers – Authorisation – Safe harbours

WARNER MUSIC UK LTD v TUNEIN INC (No. 2)

2019 ◽  
Vol 136 (12) ◽  
pp. 834-846
Author(s):  
Keyword(s):  
Copyright Infringement ◽  
Communication To The Public ◽  
Sound Recordings ◽  
The Public ◽  
Internet Radio ◽  
Commercial Importance ◽  
General Terms ◽  
Injunctive Relief ◽  
Services Use

Abstract H1 Copyright – Infringement – Sound recordings – Internet radio services – Use of hyperlinks – Communication to the public – Scope and effect of finding on liability – Relief – Whether injunctive relief in general terms appropriate – Whether injunctive relief and any damages inquiry should be limited to specific instances of liability established at trial – Proportionality – Stay of injunction pending appeal – Costs – Relevance of commercial importance of particular issues

COMMUNICATION TO THE PUBLIC AND ACCESSORY COPYRIGHT INFRINGEMENT

2017 ◽  
Vol 76 (3) ◽  
pp. 496-499
Author(s):  
Christina Angelopoulos
Keyword(s):  
European Union ◽  
Copyright Infringement ◽  
Communication To The Public ◽  
The European Union ◽  
The Public ◽  
Explicit Definition ◽  
National Courts ◽  
Court Of Justice ◽  
Gradual Accumulation ◽  
The Eu

In recent judgments, the Court of Justice of the European Union (CJEU) has been developing its interpretation of the notion of “communication to the public”. This forms one of the exclusive rights of copyright holders that have been harmonised by the InfoSoc Directive (Directive 2001/29/EC (OJ 2001 L 167 p.1)). As was established in 2006 (Case C-306/05, Sociedad General de Autores y Editores de España (SGAE) v Rafael Hoteles, ECLI:EU:C:2006:764, at [31]), despite the lack of an explicit definition in that directive, the notion of a “communication to the public” must be given “an autonomous and uniform interpretation” throughout the EU. This finding initially resulted in the creation of a considerable amount of uncertainty for national courts. The gradual accumulation of information through subsequent CJEU judgments has begun to bring some clarity, while also raising new questions.

Introduction

2005 ◽  
Author(s):  
Vernon Bogdanor
Keyword(s):  
Public Management ◽  
New Public Management ◽  
Cultural Theory ◽  
Holistic Approach ◽  
The Public ◽  
Early Twenty ◽  
New Public ◽  
Reinventing Government ◽  
The Government ◽  
The Uk

‘Joined-up government’ has been a topic of important discussion in the early twenty-first century as much as it was in the end of the twentieth century. Reinventing government was a move towards the ‘new public management’ which revolved on the importance to stimulate a business situation in the government and to apply the disciplines of the market to the public sector. The joined-up government on the other hand advocated a more holistic approach. It not only sought to apply the logic of economics but also the insights of other social sciences such as sociology and cultural theory to reform and change public service. This book focuses on the joined-up government strategy of the UK government. This strategy sought not only to bring together the government departments and agencies but also a number of various private and voluntary bodies for a common goal. The chapters in this book discusses the various barriers to the joined-up government such as contrasting perspectives of the central and local government, the conflicting departmental interests, and the diverging interests of the professionals.

scholarly journals Offensive but not so offensive Fostering Ethical and Socially Responsible Marketing in Undergraduate Marketing Students

2018 ◽  
Author(s):  
Emmanuel Mogaji
Keyword(s):  
Public Perception ◽  
Freedom Of Expression ◽  
Socially Responsible ◽  
Teaching Innovation ◽  
Advertising Industry ◽  
Marketing Campaign ◽  
The Public ◽  
Systemic Diversity ◽  
The Uk ◽  
Diverse Audience

Advertising that pushes the boundaries can sometimes be negatively received, some of these advertisements were reported to the regulator of advertising in the UK while Companies has had to apologise for their advertisements. The systemic diversity problem within the advertising industry is also acknowledged wondering if the industry is diverse enough to produce an advertisement that can appeal to a diverse audience. With this background, this paper presents a teaching innovation with the aim of addressing students’ understanding of creative marketing campaign in a multicultural society through the integration of advertising practises codes, ASA rulings and secondary research into the public perception of advertisement. The project is divided into five main parts and takes place over a three-week period. Students are expected to work with advertisements that vert reported being offensive, research public’s attitude towards them and present their justifications for either agreeing or disagreeing with the rulings. This project allows a better understanding of the creative challenges in developing an ethical and socially responsible marketing campaign; finding a balance between creativity and freedom of expression, they can better internalise the integrative nature of the marketing concept, a valuable skill for the industry.

scholarly journals INVITED EDITORIAL The UK NPM Reforms

2017 ◽  
Vol 13 (16) ◽  
pp. 1
Author(s):  
Noralv Veggeland
Keyword(s):  
Public Sector ◽  
Market Orientation ◽  
Public Management ◽  
New Public Management ◽  
Research Report ◽  
The Public ◽  
Administrative Reforms ◽  
The United Kingdom ◽  
New Public ◽  
The Uk

The United Kingdom was a "vanguard state" for experimentation with administrative reforms that came to be known as the New Public Management or NPM strategies aiming market orientation of the public sector. After three decades, what results has NPM produced in the UK? This is a review of a research report by Christopher Hood and Ruth Dixon, who tries to explain maladministration and judicial challenges to nUK government actions.

scholarly journals Offensive but not so offensive Fostering Ethical and Socially Responsible Marketing in Undergraduate Marketing Students

2018 ◽  
Author(s):  
Emmanuel Mogaji
Keyword(s):  
Public Perception ◽  
Freedom Of Expression ◽  
Socially Responsible ◽  
Teaching Innovation ◽  
Advertising Industry ◽  
Marketing Campaign ◽  
The Public ◽  
Systemic Diversity ◽  
The Uk ◽  
Diverse Audience

Advertising that pushes the boundaries can sometimes be negatively received, some of these advertisements were reported to the regulator of advertising in the UK while Companies has had to apologise for their advertisements. The systemic diversity problem within the advertising industry is also acknowledged wondering if the industry is diverse enough to produce an advertisement that can appeal to a diverse audience. With this background, this paper presents a teaching innovation with the aim of addressing students’ understanding of creative marketing campaign in a multicultural society through the integration of advertising practises codes, ASA rulings and secondary research into the public perception of advertisement. The project is divided into five main parts and takes place over a three-week period. Students are expected to work with advertisements that vert reported being offensive, research public’s attitude towards them and present their justifications for either agreeing or disagreeing with the rulings. This project allows a better understanding of the creative challenges in developing an ethical and socially responsible marketing campaign; finding a balance between creativity and freedom of expression, they can better internalise the integrative nature of the marketing concept, a valuable skill for the industry.

Freedom of information, right to express and social media in India

2020 ◽  
Vol 3 (2) ◽  
pp. 94-104
Author(s):  
Meera Mathew
Keyword(s):  
Social Media ◽  
Information Dissemination ◽  
Freedom Of Expression ◽  
Legal Framework ◽  
Freedom Of Information ◽  
Right To Know ◽  
The Public ◽  
Media Technologies ◽  
Constitutional Right ◽  
The Right

People's right to know, to hold opinions, right to access, to seek and receive information, as well as to disseminate and impart ideas, despite frontiers, are protected under all democratic nations' constitutional right of freedom of expression. This duty to inform and disseminate news is undoubtedly the responsibility vested with media as the fourth estate and as a watchdog thereby enabling it to exert due checks and monitors on the working of the nation. By this, it mandates a strong, independent and adequately resourced media to operate in order to serve the general public interest and to place and keep up high standards of journalism. With the changing notions of media and with the prevalence of social media and interactive entertainment platforms, where users write the content, edit the same and disseminate it to the public, the question arises if social media does indeed actually function as ‘media’ as envisioned by our constitutional drafters. Disseminating information accurately to the public is a sacrosanct duty and if such a duty gets affected, the edifice of democracy is devastated. From the traditional media having reliance on what had been circulated, it moved to a system where the ordinary citizen has the capability to manage media technologies and notify own stories creating trends more for a business purpose. This change as named as media-morphosis has also crushed the right to be informed accurately. Against this backdrop, this article addresses the rising frequency of disinformation ‒ occasionally indicated as ‘misinformation’ or ‘fake news’ in social media, inflamed by both states and non-state stakeholders, plus the diverse issues to which they perhaps are a causative part or key source. It also critically evaluates the obligation states have to enable a conducive environment for freedom of expression that comprise encouraging and defending diverse media however, simultaneously, to curtail any sort of misinformation being disseminated to its people. As is evident from the title of this article, the jurisprudential aspects of freedom of information vis-a-vis the freedom to disseminate are examined where the primary examination focus is on – if media that is used to keep a watchful eye on the dealings of government and act as a champion of the public's right to know, has departed from this constitutional duty with the emergence of social media. Moreover, the nexus between ‘contours of expression to disseminate the information’ and ‘extent of limitations as to such information dissemination’ will be analysed. To illustrate, Indian legal framework is used and applied. In its conclusion the author endeavours to question the unwarranted benefit social media enjoys as ‘intermediary’ and as ‘media’ thereby ponders if the current Indian legal framework is adequate to deal with the ramifications.

The Provision of Income Protection and Activation Services for the Unemployed in ‘Active’ Welfare States. An International Comparison

2009 ◽  
Vol 39 (1) ◽  
pp. 17-34 ◽  
Author(s):  
RIK VAN BERKEL
Keyword(s):  
Public Management ◽  
New Public Management ◽  
Welfare States ◽  
The Public ◽  
New Public ◽  
One Stop ◽  
Recent Reform ◽  
The Uk ◽  
Implementation Problems ◽  
The Unemployed

AbstractThis article discusses reforms of the design of the organisational arena for policy implementation and service provision in European welfare states, focusing on the policy areas of income protection and activation. First, it discusses and compares recent reform programmes in four countries: the UK, Germany, Denmark and the Netherlands. The comparison shows that these reforms share some common characteristics: the establishment of one-stop agencies, decentralisation, the introduction of quasi-markets for the provision of activation services, a reduction of the role and influence of social partners and the use of new public management instruments in managing public agencies. Secondly, the article argues that these reforms are not merely reflecting new ways of thinking about organising the public sector and providing public services, but should also be interpreted as responses to policy administration and implementation problems arising in the process of making welfare states more activating.

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