scholarly journals EXCEPTIONS AND LIMITATIONS ON PROPERTY COPYRIGHT ACCORDING TO THE LAWS OF THE UNITED KINGDOM AND UKRAINE: A COMPARATIVE ANALYSIS

2021 ◽  
Author(s):  
Valentyna Trotska
Keyword(s):  
United Kingdom ◽  
Copyright Infringement ◽  
Fair Dealing ◽  
The United Kingdom ◽  
Exceptions And Limitations ◽  
Judicial Proceedings ◽  
The Law ◽  
The Difference ◽  
The Uk ◽  
Almost All

The author in the article explores the provisions of «The Copyright, Designs and Patents Act», concerning exceptions to copyright (Copyright Exceptions). The article describes the provisions of the Chapter III of the UK law «Acts Permitted in relation to Copyright Works».It is established that Copyright Exceptions allow the use of works by any person that will not be considered as copyright infringement in compliance with the conditions specified by law. This formulation differs from the norms of national legislation.Articles 21−25 of the Law of Ukraine define the norms on free use of works. In general, works may be used without the permission of the copyright subject and without payment of remuneration for compliance with the conditions specified in these articles of the Law.Unlike national law, UK law provides exceptions where the use of work will not be considered as copyright infringement. This approach is considered the basis of the doctrine of «fair dealing». The doctrine defined by UK law is used to establish in practice in each case legality of actions of the person. A comparison is made between «the free use» and «fair dealing». The difference between these concepts are established. Despite these differences, the doctrines of «fair dealing» and «free use » do not contradict each other. They are similar in terms of defining exceptions to copyright, when the property rights of copyright holders are limited, sothe use of works by any person will not be considered as infringement of this right.The article analyzes main exceptions, provided by the UK Act:1. Exceptions in the interests of persons with visual disabilities.2. Exceptions for educational establishments.3. Exceptions for libraries, archives.4. Exceptions for the purpose of parliamentary and judicial proceedings.5. Exceptions to copyright in computer programs, databases.6. Other exceptions.The author describes in detail Copyright Exceptions that are new to national legislation.Based on the analysis, the author draws conclusions. Unlike the Law of Ukraine, the list of copyright exceptions in the UK Law is expanded.The law of this country takes into account almost all exceptions and limitations to copyright provided by European law. The conditions under which the use of a work by a person will not be considered as copyright infringement are quite detailed.Unlike the law of the United Kingdom, the Law of Ukraine does not currently have such restrictions on property copyrights as «Making of temporary copies», «freedom of panorama», «reproduction of works for the purpose of parliamentary proceedings», «reproduction of works for demonstration or repair of equipment». The current provisions of the Law of Ukraine about the free use of works need to be supplemented. Regulations about the free reproduction of works for study, reproduction of works by libraries, archives need to be clarified. The author in the article analyses the other issue of application of copyright exceptions and provides proposals for amendments to national copyright law.

scholarly journals Continuing high levels of HIV diagnoses in men who have sex with men in the United Kingdom

2008 ◽  
Vol 13 (14) ◽  
pp. 3-4
Author(s):  
B Rice ◽  
A Nardone ◽  
N Gill ◽  
V Delpech
Keyword(s):  
United Kingdom ◽  
Confidence Intervals ◽  
Sub Saharan Africa ◽  
Newly Diagnosed ◽  
The United Kingdom ◽  
Reporting Delays ◽  
Sub Saharan ◽  
Sex With Men ◽  
The Uk ◽  
Almost All

The latest HIV data for 2007 has recently been published for the United Kingdom (UK). During the year, an estimated 6,840 (95% confidence intervals 6,600-7,050) persons (adjusted for reporting delays) were newly diagnosed with HIV in the UK. This represents a 12% decline from a peak of new HIV diagnoses reported in 2005 (7,800). Almost all this decline in new HIV diagnoses was in HIV-infected heterosexuals from sub-Saharan Africa who were probably infected in their country of origin.

Northern Ireland

2015 ◽  
Author(s):  
Michael Graham
Keyword(s):  
United Kingdom ◽  
Northern Ireland ◽  
Mental Capacity ◽  
The United Kingdom ◽  
The Law ◽  
The Uk

Northern Ireland is part of the United Kingdom with its own Regional Assembly, but is subject to direct rule from the UK Parliament in Westminster in relation to certain reserved matters. The law relating to mental capacity in Northern Ireland is in a period of change.

10 Company Subject to Another Insolvency Procedure

2021 ◽  
Author(s):  
French Derek
Keyword(s):  
United Kingdom ◽  
Financial Market ◽  
England And Wales ◽  
The United Kingdom ◽  
The Law ◽  
The Uk ◽  
Default Rules ◽  
Building Societies ◽  
A Company

This chapter sets out who can apply for a winding-up order and when a winding-up order can be made where a company is already subject to an insolvency procedure. This chapter discusses the insolvency procedures under the law of England and Wales, other parts of the United Kingdom and outside the UK. A supervisor of a company voluntary arrangement (CVA) approved under IA 1986, part 1, may petition for the compulsory winding up of the company, and the court may appoint the supervisor to be liquidator of the company. IA 1986, part 1, is applied with modifications to building societies by the Building Societies Act 1986. When a company is in administration, no petition for it to be wound up may be presented without the administrator’s consent or the court’s permission, unless it is presented for the purpose of proceedings under the default rules of a recognized body in a financial market.

scholarly journals Czy parlament może zmienić mężczyznę w kobietę? Granice i miejsce zasady supremacji parlamentu w brytyjskim porządku konstytucyjnym wobec europejskich procesów integracyjnych (wybrane problemy)

2018 ◽  
pp. 71-82
Author(s):  
Marcin Łukaszewski
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Political System ◽  
The Political ◽  
The European Union ◽  
Political Reality ◽  
Constitutional Principle ◽  
The United Kingdom ◽  
Judicial Proceedings ◽  
The Uk

The political system of the United Kingdom of Great Britain and Northern Ireland is of interest to researchers for several reasons. One of the most important motivations certainly involves the unique construction of its Constitution, the content of which is not formulated in a single legal act of a supreme status. This unwritten Constitution encompasses at least four parts. The most important part is undoubtedly constituted by one of three principles of the political system, namely the principle of the sovereignty (omnipotence) of parliament. This principle, which is regarded as a constitutional principle by some and as a principle above the Constitution by others, constitutes the core of British constitutional law. The topic of this paper is an attempt to indicate the boundaries of this principle in the British constitutional order and to place it in relation to remaining principles. The boundaries of this principle have been considered by British constitutionalists on numerous occasions. Considerations on the relation of this principle to the remaining elements of the Constitution have been the subject of interest for courts of law, including the House of Lords, which used to function as the court of last instance in judicial proceedings prior to the 2005 reform. It is worth emphasizing that even the lords/judges frequently disagreed on the boundaries of the principle and even on whether the principle can be examined by any court. There were also views that the principle is only a virtual construct, and even if it had ever applied to the political system at all, it can no longer be referred to, given contemporary European integration processes. The complicated combination of elements of the British constitution with the presence of the United Kingdom in the structures of the European Council and European Union (preceded by the European Community) have produced a number of interpretations of the principle of the omnipotence of the parliament in the new political reality the UK has found itself in. It was the adoption of the European Communities Act 1972, followed several decades later by the adoption of the European Union Act 2011 that led to the discussion on the construction of the British Constitution and either the approval or rejection of the concept that the Constitution of the United Kingdom with its meta-principle should be interpreted anew.

The Visibility of an Invisible Community’s Labour Exploitation in an Ethnic Economy: A Comparative Study on Kurdish Movers in the United Kingdom

2020 ◽  
Vol 17 (3) ◽  
pp. 461-470
Author(s):  
Mehmet Rauf Kesici
Keyword(s):  
United Kingdom ◽  
Labour Market ◽  
Political Violence ◽  
Field Research ◽  
Ethnic Economy ◽  
The United Kingdom ◽  
Labour Exploitation ◽  
The Difference ◽  
The Uk ◽  
Turkish Cypriot

Kurdish movers from Turkey are usually considered as Turkish by researchers. Therefore, very little is known about the experiences of Kurdish movers in the labour market in the United Kingdom. Drawing on field research I conducted in 2014 and 2015 about the ethnic economy and labour market conditions of Kurdish, Turkish, and Turkish-Cypriot movers in London, this study contributes to the literature on migration through analyses of the labour exploitation of Kurds who moved to the UK from Turkey. It demonstrates that the reasons underlying the difference between Kurds and Turks and Turkish-Cypriots in terms of status and working conditions are complex. First of all, Kurdish movers in the UK are relative newcomers, have a limited grasp of English and share a strong sense of solidarity, and also a significant percentage of those Kurds left Turkey in order to escape discrimination and political violence, which makes the possibility of return “impossible”.

scholarly journals What’s law got to do with it? Comparing the failure to deter or convict rapists in the United Kingdom and South Africa

2019 ◽  
Vol 26 (2) ◽  
pp. 212-233
Author(s):  
Maggie Wykes ◽  
Lillian Artz
Keyword(s):  
South Africa ◽  
United Kingdom ◽  
Criminal Justice ◽  
Lived Experiences ◽  
Justice System ◽  
Similar Process ◽  
The United Kingdom ◽  
Willingness To Change ◽  
The Law ◽  
The Uk

The journey from reporting rape to convicting rapists is complex, leading to high attrition and non-conviction rates. After wide consultation, the law in England and Wales was revised in 2003 to try to secure more convictions. In South Africa, a similar process occurred to produce a new law in 2007. Nonetheless, reported rapes have risen and conviction rates have fallen in both jurisdictions and it has been suggested that the failure of the criminal justice system to deal with ‘rape…encapsulates the sheer inadequacy of the law’ (Wykes and Welsh, 2009: 111) and offers little hope of justice to victims and little deterrence to perpetrators. In South Africa little has changed, except more is known about ‘the lived experiences of sexual violence’ (Artz and Smythe, 2007: 17) and more support is offered to victims after the event. This article explores the part played by law in dealing with rape, through a comparison of the UK and South Africa. Critical gendered analysis of their respective rape laws leads to the conclusion that that law cannot work effectively to deter or convict rapists: only men’s willingness to change can stop rape.

Copyright Issues Arising from Tweets and Re-tweets: A Jordanian Prospective

2014 ◽  
Vol 28 (1) ◽  
pp. 64-84 ◽  
Author(s):  
Ramzi Madi
Keyword(s):  
United Kingdom ◽  
Comparative Study ◽  
Copyright Protection ◽  
Copyright Infringement ◽  
Original Image ◽  
Fair Dealing ◽  
The United Kingdom ◽  
The Us

Abstract This article presents an overview of the copyright issues arising from tweets and re-tweets from a Jordanian prospective. While this is not a comparative study, the author refers in brief to other jurisdictions, in particular to the US Copyright Act and the United Kingdom Copyright, Designs and Patents Act, in addition to selected cases from the above-mentioned jurisdictions. This article addresses the following three main questions. The first issue questions whether the 140-character limit enjoys copyright protection? And, therefore, would a re-tweet constitute copyright infringement? The second issue concerns whether posting an original image on a Twitter post can be considered a copyright infringement. The final issue to be discussed in this article is whether reposting a Tweet constitutes fair dealing.

PRICE CONTROL REGULATION OF PRIVATIZED UTILITIES IN THE UNITED KINGDOM: WHAT LESSONS FOR THE DEVELOPING ASIAN NATIONS?

2005 ◽  
Vol 50 (01) ◽  
pp. 69-92
Author(s):  
MOAZZEM HOSSAIN
Keyword(s):  
United Kingdom ◽  
Price Control ◽  
Public Utilities ◽  
The United Kingdom ◽  
Price Increases ◽  
Control Regulation ◽  
British Telecom ◽  
The Uk ◽  
Almost All ◽  
Developed Nations

Privatization of public utilities in the United Kingdom has been the key vehicle for attaining further improvement in living standards since the mid-1980s. The United Kingdom was the first of the developed nations to privatize public utilities in 1984 when it sold British Telecom (BT). In subsequent years, almost all developed and developing nations followed suit. Simultaneously, the UK's privatization initiatives established independent regulatory agencies to oversee the performance of the newly privatized natural monopolies to protect all the parties (consumers, operators and government) from any adverse consequences of privatization. Most importantly, the regulators oversee and manage the affects of privatization on price increases. This paper investigates the price control regulation of privatized utilities in the UK with a view to gaining further lessons from these experiences for the developing Asian nations where privatization of utilities is currently being seriously considered for adoption. The lessons are investigated from the economic viewpoints.

Union and Unionisms in the United Kingdom

2021 ◽  
pp. 107-132
Author(s):  
Michael Keating
Keyword(s):  
United Kingdom ◽  
Comprehensive Doctrine ◽  
The United Kingdom ◽  
The Uk ◽  
Almost All

Unionism is a complex set of doctrines with various strands. There is assimilative unionism; patriot unionism, which accepts the multinational nature of the UK but insists on Westminster supremacy; contractual unionism, which insists on the historic rights of the nations; and a smaller devolutionary unionism. After 1999, unionists almost all accepted the new dispensation and regrouped against the renewed secessionist demands. This neo-unionism has sought a set of normative and constitutional principles to underpin it, but this has proved elusive. Historic unionism did not have such a comprehensive doctrine but combined the different strands according to time and place. Nor are neo-unionists agreed on the place of the UK within Europe. Neo-unionism is thus reduced to caricaturing its opponents as parochial and backward-looking at a time when peripheral nationalism, by and large, has accepted Europe and the pooling of sovereignty, and is mostly socially progressive.

Bentham on Presumed Offences

Utilitas ◽  
2011 ◽  
Vol 23 (4) ◽  
pp. 363-379 ◽  
Author(s):  
FREDERICK SCHAUER
Keyword(s):  
United States ◽  
United Kingdom ◽  
The United States ◽  
Penal Code ◽  
Jeremy Bentham ◽  
Legal Rules ◽  
The United Kingdom ◽  
The Law ◽  
The Right ◽  
Almost All

In the Principles of the Penal Code, Jeremy Bentham described offences that he labelled presumed or evidentiary. The conduct penalized under such offences is punished not because it is intrinsically wrong, but because it probabilistically indicates the presence of an intrinsic wrong. Bentham was sceptical of the need to create offences, but grudgingly accepted their value in light of deficiencies in procedure and the judiciary. These days the scepticism is even greater, with courts and commentators in the United States, Canada, the United Kingdom and elsewhere believing that such ‘proxy’ offences deny a defendant the right to establish that he did not engage in the conduct that the presumed offence probabilistically but not necessarily indicates. On closer analysis, however, such scepticism appears unjustified. Almost all offences, and indeed almost all legal rules, are premised on a probabilistic relationship between the behaviour the rule encompasses and the behaviour that is the rule-maker's real concern. Presumed offences may make this relationship especially obvious, but it is a relationship that exists whenever the law operates by the use of rules.

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