The role of the principle of integrity in copyright protection

2021 ◽  
pp. 12-25
Author(s):  
Olena Shtefan
Keyword(s):  
Case Law ◽  
The United States ◽  
Fair Use ◽  
Good Faith ◽  
Scientific Article ◽  
Anglo Saxon ◽  
Fair Dealing ◽  
Applicable Law ◽  
Principle Of Justice

Shtefan O. The role of the principle of integrity in copyright protection.The article is devoted to the disclosure of the essence of the principle of good faith as the quintessence of all principles of law, universal principle, which applies both in procedural and material law. Directly in the article, the principle of good faith is revealed through the prism of the analysis of controversial legal relations arising in copyright relations.The application of the principle of fair use of works is aimed at establishing a balance between the interests of authors of works and the interests of society regarding their use, while sometimes it is used to expand the monopoly of copyright.Analysis of the legislation and case law of Canada, Australia and other countries allows us to define the principle of «fair dealing» as a way to protect («affirmative defense ») from copyright infringement and restrictions, rather than as a statutory right to use someone else’s work. Otherwise, the defendant would be burdened with proving that: 1) the use corresponds to one of those listed in Art. 29 goals (for example, research, criticism or news); 2) the use was «fair» and 3) there were references to the original source.According to the results of the study in the scientific article it was concluded that the existence in the Anglo-Saxon legal family of two conceptually different in the application of doctrines of fair use «fair use» and «fair dealing» and understanding the free use of works in Ukraine, as in other countries in continental Europe, closer to the doctrine of «fair dealing», which implies a statutory list of actions that are classified as fair use, than to the doctrine of «fair use», which operates in the United States. Although it is possible to trace some similarities between the understanding of free use in the Civil Code of Ukraine, the Law of Ukraine «On Copyright and Related Rights» and the doctrine of «fair dealing» (given the statutory list of restrictions on copyright), it is necessary to take into account case law and, accordingly, a more «free» interpretationof the applicable law when the courts decide whether the use is a violation of exclusive rights or is an activity within the framework of free (fair) use. Keywords: copyright, illegal use of copyright objects, the principle of justice, thedoctrine of «fair use», the doctrine of «fair dealing».

Towards a redefinition of the role of the court interpreter

Interpreting ◽  
1998 ◽  
Vol 3 (1) ◽  
pp. 21-45 ◽  
Author(s):  
Holly Mikkelson
Keyword(s):  
United States ◽  
Formal Education ◽  
The United States ◽  
Jury Trial ◽  
Cultural Norms ◽  
Anglo Saxon ◽  
New Approach ◽  
Distinctive Features ◽  
State Statutes

Various federal and state statutes in the United States define the role of the court interpreter with clear and unequivocal rules. This definition is based on the underlying principles of the U.S. legal system, which is derived from the Anglo-Saxon common-law tradition. Consequently, the distinctive features of that system, including the jury trial and the concept of adversarial proceedings, make the function of the court interpreter quite different from that of his/her counterparts in other countries. In recent years, the judiciary has made an effort to enhance the public's access to the justice system, but at the same time, the latest wave of immigration comprises individuals from societies in which cultural norms differ greatly from those of the United States. Moreover, many of these immigrants have received little or no formal education. As a result, judiciary interpreters feel somewhat constrained by the rules that govern their profession when they strive to bridge the cultural and linguistic gap. This paper reexamines the function of the court interpreter in light of these circumstances and an analysis of prevailing practices in other countries, and proposes a new approach to the interpreter's role.

scholarly journals Orzecznictwo i doktryna jako źródło prawa prywatnego

2018 ◽  
Vol 112 ◽  
pp. 47-65
Author(s):  
Józef Frąckowiak
Keyword(s):  
Case Law ◽  
Court Decision ◽  
Private Law ◽  
Legal Norms ◽  
Applicable Law ◽  
Legal Relation ◽  
Unambiguous Determination ◽  
Legal Literature ◽  
The Republic

JURISPRUDENCE AND DOCTRINE AS A SOURCE OF PRIVATE LAWIn Polish legal literature, it has long been pointed out that jurisprudence and doctrine have an impact on the formation of legal norms. In private law, the influence of jurisprudence and doctrine is particularly visible. Despite the unambiguous determination in art. 87 of the Constitution of the Republic of Poland, which is a source of law, and lack of case law and doctrine in this list, they play an important role in the creation of the norms of applicable law. In the private law doctrine, it is assumed that the norm of applied law is nothing else but a legal relation understood as a pattern of authorized and prescribed behavior for its parties. Such a relationship that arises from a legal event is shaped by elements derived from: ius cogens norms, parties agreement, ius dispositivi norms, non-legal norms to which the law or agreement of the parties refers, and ultimately by a court decision, within the limits specified in art. 322 k.p.c Code of Civil Procedure. The presented study is devoted to demonstrating what is the role of jurisprudence and the doctrine supporting it in the interpretation of the concepts used in the regulations and what are the relations between the legislator and the case law in this respect.

scholarly journals THE CODE OF MUSLIM PERSONAL LAWS OF THE PHILIPPINES: BEYOND THE LENSES OF BONDAGJY v. BONDAGJY

2019 ◽  
Vol 27 (2) ◽  
pp. 367-396
Author(s):  
Norhabib Bin Suod Sumndad Barodi
Keyword(s):  
Present Status ◽  
Critical Analysis ◽  
The Philippines ◽  
Good Faith ◽  
Mixed Marriage ◽  
Applicable Law ◽  
Mixed Marriages ◽  
The Supreme Court ◽  
Minor Children

The dynamics of mixed marriages governed by the Code of Muslim Personal Laws of the Philippines (Muslim Code) creates variables that sometimes lead to the non-application of the said Code to Shari’ah cases arising from said marriages. This is highlighted in the familiar but controversial case of Bondagjy v. Bondagjy, wherein the Supreme Court of the Philippines did not apply the Muslim Code on the issue of custody of minor children born to a Muslim marriage prior to becoming ‘mixed’ by the conversion of the female party (Muslim convert) to another religion. The article argues that whatever variables are attendant in a specific conflict of rights where the Muslim Code applies, the resolution of said conflict must be in accordance with its provisions or other applicable Muslim laws. This perspective sustains the character of the Muslim Code as the applicable law in each Shari’ah case and disfavours the diminution of said character by the non-application of the Muslim Code. The article further argues that the application of the provisions of the Muslim Code affecting conflict of rights must be reinforced with the requisite good faith and honesty on the part of each party, Muslim and non-Muslim alike, to ensure a just and fair resolution of each Shari’ah case. The article achieves its gist by evaluating how the ‘applicability clause’, the ‘construction and interpretation rules’, and the ‘conflict of provisions rules’ of the Muslim Code operate in the context of and beyond Bondagjy v. Bondagjy and other relevant cases. This critical analysis highlights the present status of the Muslim Code as the initial premise in the formulation of measures that are responsive to and promotive of the role of mixed marriage as a significant avenue for Muslim and non-Muslim relations in the Philippines and other foreign jurisdictions where similar relations exist.

scholarly journals Comparison of fair use and fair dealing concepts in copyright law and their meaning for libraries

2021 ◽  
pp. 15-28
Author(s):  
K. Yu. Volkova
Keyword(s):  
Digital Technologies ◽  
The United States ◽  
Copyright Law ◽  
Fair Use ◽  
Special Importance ◽  
Wide Spread ◽  
Fair Dealing ◽  
The United Kingdom ◽  
Similarities And Differences ◽  
Fee Payment

The paper analyzes similarities and differences between fair use and fair dealing doctrines in copyright law that allow for limited use of copyright-protected material without the need of permission from the rightholder. Both concepts have long been part of legislation but have recently gained special interest due to the wide spread of digital technologies and the ease of copying materials, both text ones and any other digitized materials. What kind of use may be deemed fair and what may not, has become the question of everyday interest. Copyright exceptions implemented in the form of fair use or fair dealing concepts are of special importance to libraries. However, their application is far from trivial and the situation is further complicated by insufficiently understood difference between the two concepts. The paper reviews general approach implemented in both described doctrines, terminology issues, similarities and dissimilarities of the doctrines, their territorial coverage, and historic origins of doctrine differences. The doctrine having originated in the United Kingdom and developed in the United States has become an example, a pattern that is followed in legislation of many countries worldwide. Fair use/fair dealing concepts have found their reflection in Russian copyright law in the form of “free use” of a work without author’s permission and without copyright fee payment. The paper further deals with the significance of fair use doctrine for library collections digitization and other applications of technology innovation. A prediction is made for growing importance of fair use and fair dealing copyright exceptions in the nearest future.

scholarly journals Habeas corpus w Polsce oraz w niektórych państwach kręgu common law. Analiza prawnoporównawcza

2021 ◽  
Vol 5 (2) ◽  
pp. 1-30
Author(s):  
Przemysław Krawczyk ◽  
Bartosz Łukowiak
Keyword(s):  
Common Law ◽  
United States Supreme Court ◽  
Case Law ◽  
The United States ◽  
Habeas Corpus ◽  
Legal Analysis ◽  
Anglo Saxon ◽  
Legal Code ◽  
Procedural Law ◽  
European Court

In their article, Przemysław Krawczyk and Bartosz Łukowiak discuss the issue of the habeas corpus procedure. On the basis of a comparative legal analysis, they present a model of the functioning of this institution in Poland and in selected countries whose legal code is based on common law. Krawczyk and Łukowiak discuss in detail, among other things, the scope and the subject matter of this mode and the catalogue of guarantees associated with it. Their research has made it possible to compare the most important similarities and differences in the functioning of the habeas corpus privilege in the Polish legal code and in common law. This, in turn, has allowed them to assess the accuracy of some of the solutions known to the Polish criminal procedural law. This article contains extensive references to the views expressed on this mode both in the Polish and the Anglo-Saxon doctrine of the procedural criminal law and to the case law of the European Court of Human Rights and the United States Supreme Court.

scholarly journals The Role of Good Faith and Fair Dealing in Contract Law: A Hair-Shirt Philosophy?

2012 ◽  
Vol 6 (1) ◽  
pp. 131-141 ◽  
Author(s):  
The Hon Mr Justice Sweyn
Keyword(s):  
Contract Law ◽  
Good Faith ◽  
Fair Dealing

The Role of Good Faith and Fair Dealing in Contract Law: A Hair-Shirt Philosophy?

scholarly journals An Overview of Good Faith as a Principle of Contractual Interpretation with Special References to the Albanian Law

2017 ◽  
Vol 13 (25) ◽  
pp. 288
Author(s):  
Gjin Gjoni ◽  
Zhaklina Peto
Keyword(s):  
Contract Law ◽  
Good Faith ◽  
Third Party ◽  
European Contract ◽  
Applicable Law ◽  
Objective Sense ◽  
Contractual Obligations ◽  
Subjective View ◽  
European Contract Law

Good faith is one of the most discussed topics in the jurists' circle, seen as a key argument in European contract law. Though it is an accepted concept, there is no consensus regarding the role of good faith in modern civil contractual obligations. The purpose of this paper is to analyze the principle of good faith, shedding light on the concept and the description of this principle on Albanian legislation. Good faith is dealt with in its two meanings; subjective and objective, where in the objective sense of good faith is perceived as a method used to dress with moral contractual relations and to mitigate the inequalities that may result from the dogma of parties autonomy. While in the subjective view, good faith may refer to the situation in which a person acts with the confidence that he is acting in accordance with the applicable law or in a situation where a third party seeks protection. The aim of this paper is also to treat the principle of good faith under the optics of Albanian legal system. It is concluded that the doctrine in Albania is not very developed. It should be noted that there is no uniformity in jurisprudence and the debate if good faith can be excluded from the contract remains open.

scholarly journals The Role of the Courts in Advancing Water Security in South Africa

2021 ◽  
Vol 24 ◽  
pp. 1-35
Author(s):  
Bronwen Qumbu
Keyword(s):  
South Africa ◽  
Critical Analysis ◽  
Water Security ◽  
Case Law ◽  
Legal Framework ◽  
Applicable Law ◽  
Security Issues ◽  
Security Discourse ◽  
Laws And Policies

This article explores the role which courts could play in promoting water security in South Africa. As the country is one of the driest on the continent, its water security issues remain at the forefront of the service delivery conundrum. Therefore, issues of water security often need to be litigated to arrive at a favourable and just outcome. This is where the focus of this article lies. Based on a critical analysis of the legal framework governing water security and relevant case law, the article argues that courts could promote water security by discharging certain duties. Firstly, the courts must uphold the applicable law by weighing the rights and interests that relate to water and must then make reasonable, just and equitable findings. Secondly, the courts must solve water-related disputes between parties by interpreting and applying the applicable laws and policies. It is submitted that by executing these two functions, the courts contribute to a deeper understanding of the water security discourse. Finally, it is argued that through the execution of their traditional judicial functions, courts contribute to the making of law that directly affects water security.

scholarly journals "The Common Law is … not what it used to be"*: Revisiting Recognition of a Constitutionally-Inspired Implied Duty of Fair Dealing in the Common Law Contract of Employment (Part 2)

2018 ◽  
Vol 21 ◽  
pp. 1-20
Author(s):  
Andre Louw
Keyword(s):  
Common Law ◽  
Good Faith ◽  
Employment Contract ◽  
Fair Dealing ◽  
General Law ◽  
Contract Of Employment ◽  
The Common ◽  
Labour Legislation ◽  
Court Of Appeal

This piece, which is in three parts, will revisit the importation of fairness into the employment contract (outside and independent of the fairness-based provisions of our labour legislation) by a line of Supreme Court of Appeal (SCA) judgments during the 2000s. This process culminated in the recognition of an "implied duty of fair dealing" in the common-law employment contract. This piece will discuss such developments, will argue that such an implied duty still forms part of our law (despite the apparent consensus in the literature that the SCA turned its back on such earlier judgments), will critically examine some of the arguments for and against the recognition of such a duty, and will then consider the issue within the broader context of the role of good faith and fairness in our general law of contract.    

Sign in / Sign up

Export Citation Format

Share Document