Copyright and intellectual property

History of copyright: a chronology in relation to music [1455-2001] (later updated to 2006, then to 2015), and as applicable in Britain, unless otherwise stated.

First published in Music Business Journal (Ligo Publishing Ltd.) in 2001. Republished, in updated form, in the Musicians' and Songwriters' Yearbook 2008 (London: A&C Black, 31st July 2007), 339-345.

KEYWORDS: Copyright, History of Copyright, Copyright Law, Intellectual Property Law, Music Copyright, Copyright in Music, Music and Copyright, "Jonathan David Little"

In this article, I will present and examine personality-based, rule-utilitarian, and Lockean justifications for intellectual property. Care is needed so that we do not confuse moral claims with legal ones. The brief sketch of Anglo-American and Continental systems of intellectual property below, focuses on legal conceptions and rights while the arguments that follow—personality based, utilitarian, and Lockean— are essentially moral. I will argue that there are justified moral claims to intellectual works—claims that are strong enough to warrant legal protection.

The 21st century has seen the emergence of technological innovations that render the erstwhile Intellectual
Property (IP) systems seemingly inept in protecting and regulating intellectual property rights. Artificial Intelligence (AI) has established itself as a frontier of innovation with over a $250 million market opportunity. With the advent of the AI, the lines of creative ownership rights attributed to the creators of intellectual works are blurred, due to the essential nature of the technology itself. The question of who then
is attributed authorship of the work produced by AI arise

When we think on initiatives on access to and reuse of data, we must consider both the European Intellectual Property Law and the General Data Protection Regulation (GDPR). The first one provides a special intellectual property (IP) rightthe sui generis rightfor those makers that made a substantial investment when creating the database, whether it contains personal or non-personal data. That substantial investment can be made by just one person, but, in many cases, it is the result of the activities of many people and/or some undertakings processing and aggregating data. In the modern digital economy, data are being dubbed the 'new oil' and the sui generis right might be considered a right to control any access to the database, thus having an undeniable relevance. Besides, there are still important inconsistences between IP Law and the GDPR, which must be removed by the European legislator. The genuine and free consent of the data subject for the use of his/her data must remain the first step of the legal analysis.

Arguments for intellectual property rights have generally taken one of three forms. Personality theorists maintain that intellectual property is an extension of individual personality. Rule-utilitarians ground intellectual property rights in social progress and incentives to innovate. Lockeans argue that rights are justified in relation to labor and merit. While each of these strands of justification has weaknesses there are also strengths. In this article, I will present and examine personality-based, rule-utilitarian, and Lockean justifications for intellectual property. Care is needed so that we do not confuse moral claims with legal ones. The brief sketch of Anglo-American and Continental systems of intellectual property below, focuses on legal conceptions and rights while the arguments that follow-personality based, utilitarian, and Lockeanare essentially moral. I will argue that there are justified moral claims to intellectual works-claims that are strong enough to warrant legal protection. 5.1.1 What Is Intellectual Property? 1 Intellectual property is generally characterized as nonphysical property that is the product of cognitive processes and whose value is based upon some idea or collection

This study was commissioned by the UK Intellectual Property Office (IPO) to provide an evidence-based view on whether the criminal sanctions for copyright infringement available under the Copyright, Designs and Patents Act 1988 (CDPA 1988) are proportionate and utilised.

The study focus is on the difference in the sanctions available for copyright infringement that apply to online criminal activity – often referred to as ‘piracy’ - compared with those relating to physical goods.

The research gathers quantitative data from 2006-13, qualitative views and evidence from stakeholders.

The paper aims to examine the evolution of the intellectual property protection in the light of the changed context of reference derived from the impact of the digital dimension and, in parallel, the changes in the legal framework, recently innovated by the European Directive 2019/790 and its transposition into national law with Legislative Decree 177/2021. The analysis aims to highlight the critical aspects of the interaction between copyright and information technologies, in particular the difficult balance in the digital context between different interests in which take shape the opposing instances of closure and control, on the one hand, and openness and sharing, on the other hand, of which the protagonists (authors, users and providers) that characterize contemporary society are bearers. In the conclusions, the paper assesses the legal framework of reference and suggests useful directions for future legal regulation in this area.

Il contributo intende esaminare l’evoluzione della tutela relativa alla proprietà intellettuale alla luce del mutato contesto di riferimento derivato dall’impatto della dimensione digitale e, parallelamente, dai cambiamenti intervenuti nel quadro giuridico, costellato di recente dalla direttiva europea 2019/790 e dal suo recepimento nell’ordinamento nazionale con il d.lgs. 177/2021. L’analisi intende evidenziare gli aspetti critici dell’interazione tra diritto d’autore e tecnologie informatiche, in particolare il difficile equilibrio nel contesto digitale tra interessi diversi in cui prendono forma le contrapposte istanze di chiusura e controllo, da una parte, e apertura e condivisione, dall’altra, di cui sono latori gli attori protagonisti (autori, utenti e provider), che caratterizzano la società contemporanea. Nelle conclusioni il lavoro valuta il mutato framework giuridico di riferimento e ipotizza direzioni utili ai fini della regolazione giuridica futura in materia.

The principle of Access to Knowledge (A2K) has become a common reference point for a diverse set of agendas that all hope to realize technological and human potential by making knowledge more accessible. This book is a history of international copyright focused on principles of A2K and their proponents. Whilst debate and discussion so far has covered the perspectives of major western countries, the author's fresh approach to the topic considers emerging countries and NGOs, who have fought for the principles of A2K that are now fundamental to the system. Written in a clear and accessible style, the book connects copyright history to current problems, issues and events.

Copyright literature has been long familiar with the lack of licensing choices in various creative markets. In the absence of lawful licensing alternatives, consumers of works as well as secondary creators wishing to use protected elements of preexisting works are often left with no choice but to either infringe on the copyright or refrain from the use. As the dearth of licensing impedes further creation, it greatly conflicts with the utilitarian foundation of copyright and its constitutional goal to promote creative progress.
Legal scholarship has submitted various recommendations in response to the licensing failure, but none of them has proved to be effective in alleviating copyright’s licensing shortage. This article contributes to the ongoing discourse by introducing the subtle incentive theory of copyright licensing.
The subtle incentive theory encourages rightholders to engage in licensing by considering the lack of licensing alternatives in the market for a particular work as a mitigating factor in the fair use analysis. Specifically, the subtle incentive theory propounds the mirror image of a test that was already mandated in American Geophysical Union v. Texaco in the mid-1990s, but which has since been used exclusively to deny fair use. By so doing, the subtle incentive theory mends a logical error in fair use reasoning and promotes a better creation market by making a zero-cost doctrinal change to ameliorate copyright licensing shortfalls. While the subtle incentive theory avoids aggressive interference in market dynamics and respects rightholders’ proprietorial choices, it does not leave the licensing failure to be repaired exclusively by the market, and adds an important policy statement as to the significance of original and secondary creation alike.

This presentation looks at the results of some informal surveys that probed student preferences for the physical form of course readings.  It then briefly raises questions about possible implications of those preferences for permissions clearance.  Should accommodation of reading format preferences be adopted as a goal based on the idea of students’/users’ rights?  Or can the principle of technological neutrality be adapted to stand for the idea that in general, the means of making course readings available to students should be technologically neutral to best accommodate students’ learning needs?

Paper on the Williams vs the Gaye Estate ruling and its effects on music industry structure. This paper was submitted as part of the Advanced Aspects of Cultural Economics Course held at Erasmus University in spring 2020 (teacher: Valeria Morea, Msc).

La controversia tra la casa editrice Il Saggiatore e il trust statunitense costituito dallo scrittore J.D. Salinger, decisa a favore del secondo dalla pronuncia in commento (Trib. Milano, sez. impr., 29 agosto 2018, n. 8768), è emblematica dell’incertezza che accompagna il funzionamento dei meccanismi di coordinamento delle discipline nazionali riguardanti la durata del copyright. E restituisce l’immagine di un pubblico dominio frammentato a livello globale che comporta un “tragico” sottoutilizzo di risorse potenzialmente inesauribili quali la cultura e la conoscenza.

The Directive 2004/48/EC of the European Parliament and of the Council on the enforcement of intellectual property rights [Enforcement Directive] , as controversial as it  is, provokes interest for further research and analyses of its impact on the national legislation in EU countries. Another issue that provokes interest is the effect and impacts of the Enforcement Directive in regard to the EU enlargement and the impact of the EU legislation onto the legislation in countries that accessed the Community or that are in the process of accession. In that regard the objective of this thesis is to explore the adoption of the Directive provisions into the national legislation of two candidate countries from the Western Balkans group, the Republic of Macedonia and the Republic of Croatia.

Based on a comprehensive survey among creators and performers in media, arts and entertainment in the Netherlands, this study summarizes these artists attitudes  vis-a-vis relevance of authors and performing rights (copyrights) in the digital age. Most creators and performers perceive digitisation as a threat to their future economic position, although in some cases it is seen as an opportunity. The contribution shows interesting effects of age, creative discipline, business model and sectoral developments, putting for instance many older translators versus some young rock musicians and video artists.

O artigo examina as funções que, do ponto de vista do interesse público, justificam a existência do direito de autor e como a sua função social encontra-se regulamentada nos principais tratados internacionais e na legislação brasileira sobre a matéria

Buying music from labels or retailers in our current intellectual property rights regime and copyright-based industry context (1) fails to appropriately support artists, (2) acts against artists' autonomy, (3) hinders the development and accessibility of culture, and (4) reinforces a relationship to art, music, creation, and creativity which is commodified rather than active, and thereby stifles human potential by diminishing the quality of life in our societies. In other words, paying into the copyright industries, as they currently exist, means being complicit in undermining everything that copyright law is meant to promote, and thus means being complicit in acting against the explicit intention of the constitutional basis of copyright law in the United States.

The kanga, a type of East African textile, is a central part of daily life along the Swahili coast. Historically, this highly-versatile cloth has been used as a method for communicating taboo messages and constructing identity, while also serving as a record of indigenous knowledge. While innovation in mass-production have made kangas more accessible and affordable for consumers, it is changing women's roles in the production process, contexts of cultural communication, and the significance of the kanga in East African society. In this paper, we discuss the social life of the kanga through its commodification, role as an alternative archive, and disruption of patriarchal systems. First, we explore the evolving uses of kanga in identity-making, East African tourism, and the international fashion industry. In tracing the history of the kanga, it becomes necessary to discuss the (un)changing iterations of these communicative textiles as a woman-centered repository, through which women construct indigenous knowledge and feminisms. The continued practice of kanga communication provides women with a medium for social interruption and a virtual space to be heard, resist patriarchy, play with each other, and resolve conflict. For East African women seeking restitution and control over their contributions to the manufacturing industry, the kanga stands to be both the site and source of action. Secondly, we illustrate how the kanga became a space of women to voice their ‹unspeakable› messages, therefore disrupting the patriarchal societal norms of privacy and modest behavior. In doing so, kanga wearers are participating in what James Scott refers to as «everyday forms of resistance» in his book Weapons of the Weak. Lastly, using the concept of platform markets, in which a platform supply mediates between a single buyer and producer, we explore the properties of the kanga market in East Africa, focusing on issues around copyright, production and distribution, sale, and use. Manufacturers are increasingly outsourcing labor and using cheaper fabrics to produce these cloths, which made the kanga available to a wider range of customers, at the expense of local manufacturers. As a result of the platform market structure,

The way of looking at food has undergone an impressive development. Originally conceived just as a perfunctory activity it transformed into a competitive, large-revenue, multimedia consumer industry for entertainment and leisure. The emergence of cooking literature, celebrity chefs, competitive cooking tv programs is the evidence that all relate food is today a super-sized business opportunity. This increasing potential for fame and financial reward acts as a great stimulus for young chefs to innovate new dishes and culinary style, conscious that the level of creativity in their menus will likely determine their success. If menu items, original dishes and recipes became a competing weapon, allowing chefs to be preferred by the public, it is a logic consequence for them to attempt invoking intellectual property rights to protect them from pirating and misappropriation by competing restaurateurs. Unfortunately, Courts response to chefs’ demand of protection is most of the times unsatisfactory. Especially in the U.S., but also in the old continent, the case law has shown to be hostile to the copyrightability of recipes. They are considered as instructions for creating an edible product rather than a creative expression of the sort that copyright law is designed to protect. As a consequence food has been described as one of copyright’s negative areas. Some commentators have criticized this trend and suggested the need for changing the copyright law so that chefs own and protect their recipes the same way composers own their music. I share the view that chefs should deserve greater respect as "authors" of their cuisine. Copyright protection should be granted not only to recipes and cookbooks but to the food itself. It is hard not to see how the presentation, arrangement or appearance of dishes, sometimes referred as the "plating technique" is a full creativity exercise worth of copyright protection.

Copyright encourages creativity, it provides authors and artists of all types and in all countries with a means of transacting in their works, a means by which they can earn their livelihood, and as such has an important role to play in encouraging all forms of creative endeavor and by encouraging creative endeavor copyright helps to maintain cultural diversity. This paper gives insight of overall status of Intellectual Property in Nepal, particularly focused on Copyright legislation of Nepal. Adjusting legal system of copyright is vigorously in need in the twenty-first century. A close and critical reading of the text reveals several instances of lapses and defects, which exist, to a great extent, simply because copyright has never been applied previously in Nepal. Any interference with their exclusive rights could impact harshly on deserving authors in both developed and developing countries. So, paper further deals with the rights of the authors. Lastly this article in brief explores the commonalities and differences between Nepal and India Copyright Law in particular, focuses on the latitude offered under each system for parodies of copyrighted world. Along with this, paper analyze and find lacuna of Copyright Act of Nepal with recommendation.

Co-rapporteur avec Joëlle Farchy et Caroline Rainette, La place et le rôle économique des droits d’auteur et des droits voisins dans la filière cinématographique, DEPS du Ministère de la culture, 2006, 240 pages, https://fr2.slideshare.net/SebastienPoulain/la-place-et-le-rle-conomique-des-droits-dauteur-et-des-droits-voisins-dans-la-filire-cinmatographique

En août 2012, l'Union des associations des artistes, des producteurs et des éditeurs du Mali (UAAPREM), dépose un cahier de doléances auprès du ministère de la Culture qui conduit à la promulgation du décret n° 2014-0407/P-RM 1 fixant les nouvelles modalités de perception et de répartition des redevances des droits d'auteur. Adopté en Conseil des ministres et signé par le président de la République, Ibrahim Boubacar Keïta, le 6 juin 2014, ce décret est pourtant annulé par la Cour suprême le 5 février 2015, au terme d'une procédure judiciaire intentée par le Conseil national du patronat du Mali (CNPM) au gouvernement malien. En réalité, la polémique se cristallise autour des articles qui portent sur la « redevance forfaitaire pour l'exploitation des oeuvres artistiques et littéraires […] aux entreprises de téléphonie, aux sites de téléchargement et aux cybercafés 2 ». À la demande de la Fédération des artistes maliens (FEDEMA), l'affaire est rejugée le 8 octobre 2015, mais la section administrative de la Cour suprême rejette l'appel en révision de l'arrêt du 5 février 2015. Le 25 février 2016, un protocole d'accord est finalement signé entre le Conseil national du patronat du Mali et le ministère de la Culture, de l'Artisanat et du Tourisme. Ce protocole d'accord est suivi par l'adoption d'un nouveau projet.

This paper explores the status of the Nigerian music industry through the paradigm of its music promotion, marketing, and distributing structure. Using ethnographic and bibliographic sources, the study traces the history of the Nigerian recording industry which nose-dived from the late 1980s with the exit of major label operations like Sony, Polygrams and EMI due to political and economic factors and recognised the impetus given the music scene through the resilience and creativity of the new hip hop generation who now have to contend with myriads of challenges among which is piracy and copyrights issues. While highlighting some of these challenges, the paper presents an array of possibilities as well as recommendations and concludes that with proper structuring and intervention, the Nigerian music industry can be a major player within the global music scene, and be a viable revenue earner for the country aside from crude oil.

This article provides an assessment of the interplay between copyright, contract freedom and antitrust law in the current digital platform economy, as it was settled by the European legal strategy for a (fair) digital single market. It primarily focuses on the Digital Single Market (DSM) Directive and the Digital Markets Act (DMA) Proposal, evaluating if competition law instruments represent exceptional or structural remedies to correct the current failures of contract freedom and copyright enforcement within the delicate balance between authors, editors and online platforms.

Cinematograph film is one of the subject matters recognised and protected under the Indian Copyright Act, 1957. What makes Cinematograph films unique is that it is a derivative work, which means that it is based on an already existing work. A film is a work of collaboration wherein several persons like scriptwriter, music composer, director, actors etc. contribute to create the work. However, under the copyright law, it is only the producer who is considered the sole author as well as the owner of the film. In recent times, this biasness towards producers under the copyright regime has been questioned. Conflicts between producers and other contributors, viz., scriptwriters, musical composers have surfaced, contesting the copyright of scripts and music included in the film. This paper is an attempt to understand the current Indian legal position on conflict of such copyright, address the loopholes in the law and suggest ways to amend them.

This paper deals with the registrability of non-conventional marks after the EU reform of trade marks and some technological developments, including the Internet of Things (IoT). Even if olfactory marks (scents or smells) are the chosen prism, most considerations apply also to other non-conventional marks, such as holograms, movements, and tastes. In the UK, whereas in theory olfactory trade marks can be registered, there have not been successful applications since the EU Court of Justice's decision in Ralf Sieckmann v Deutsches Patent- und Markenamt. This paper suggests that scents may be more easily registered in the near future as a consequence of the EU reform of trade marks and of technological innovation. The impact of Brexit is critically assessed and the implementation of the EU reform is foreseen.
The yet-to-be-transposed Trade Marks Directive introduces a new definition of trade marks where the graphic representation of the mark is no longer required. Under the new regime, those who want to register a smell will only need to represent it ‘in a manner which enables the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor’ (art 3(b)). Some difficulties may remain because the Trade Marks Directive incorporated the so-called Sieckmann criteria, that the (then graphical) representation must be ‘clear, precise, self-contained, easily accessible, intelligible, durable and objective’ (recital 13). However, even not going as far as arguing that ‘the amendments will abolish the Sieckmann judgement’ (Sahin 2016, 513), it is not excluded that the seven criteria may be interpreted differently in the future, for example as meaning that a combination of description, chemical formula and sample may meet the new requirements for registration. Indeed, with the new definition of trade marks there is a shift from the ‘how’ to the ‘who’. It is immaterial how the trade mark is represented (whether graphically or otherwise), as long as the competent authorities and the public can determine the subject matter of the protection. Arguably, the said combination of description, chemical formula, and sample may suffice from the authorities’ perspective. When it comes to the public, it is likely that this requirement will be absorbed by the distinctiveness. An unusual scent used consistently on a range of products or services of a single undertaking and accompanied by heavy advertising would easily put the public in the position to determine the subject matter of the protection, especially if distinctiveness is acquired through use; thus, the requirement could be easily made out. One could foresee a return to the case law ante Sieckmann that valued the customers’ viewpoint and stated, for instance, that an olfactory mark described as freshly cut grass will be recognised immediately by anyone, reminding ‘of spring, or summer, manicured lawns or playing fields, or other such pleasant experiences’ (Senta Aromatic [14]). The customers’ scent-related power of imagination cannot be underestimated. A number of scents can evoke clear memories and feelings.

Plagiarism and Intellectual dishonesty have become endemic among the academia with its resultant dwindling of academic integrity and hounour. Facilitating this academic 'fraud' is the advent of flexible technologies of cut, copy and paste tools which are easily accessible to students, lecturers and the research community who are tempted to turn to the worldwide web for prepared literature and scholarly solutions instead of originating independent works. The case study employed the mixed method approach to generate both quantitative and qualitative data to make empirical enquiries to explore, describe, and explain the role of universities in fighting academic plagiarism in Kwame Nkrumah University of Science and Technology, Kumasi, Ghana, focusing on the Students, Lecturers, the Deputy Registrar (Academics and Students' Affairs), and the University Librarian as the main participants. The study revealed that, despite the fact that KNUST has no documented Copyright Policy Document (CPD), it regards plagiarism as an act of academic dishonesty. Lecturers ensure that students cite references to all the materials they use in their works and finally the university administration has included the subject of plagiarism in the Students' Guide book which is made available to all students on admission. Even though KNUST has put in place measure to fight and prevent plagiarism among the students, the findings revealed that there is low level of awareness about plagiarism amongst KNUST students. The paper suggested possible ways to 'combat' these plagiarism menace at KNUST.

Authorship is central to the operation of copyright as a regulatory tool, but copyright law’s conception of ‘authorship’ appears to be ‘out of sync’ with a wide range of social practices: either copyright makes authors-in-law out of social ‘non-authors’, or vice versa. After offering three examples (scientific credit, conceptual art and literary editing),  this contribution considers why these differences have emerged and whether these discontinuities should be thought of as a matter of concern. It appraises a number of academic proposals as to what might be done about these discontinuities, and offers its own suggestion, namely, the deployment of a more open-textured concept of authorship, one that is able to respond flexibly to varied contexts, social understandings and practices, but limited in application to matters of attribution.

The Sri Lankan Copyright law bears certain distinctive and peculiar characteristics when compared with the copyright laws of the European Union and United States. This is particularly so in relation to definition or articulation of “works’ and, “original intellectual creations”. While the copyright law of Sri Lanka outlines a “work” in open-ended terms, the test of originality required to constitute an “original intellectual creation” has been set at a very low level similar to that of in the traditional British Copyright law. Also, the Sri Lankan law does not require “fixation” (i.e., the need to express the work in some tangible form), as a prerequisite to copyright protection. Consequently, copyright law of Sri Lanka seems to accord a more receptive and flexible milieu for copyright protection of certain sporting events. The objective of this article is to examine whether those sporting events which unveil a unique and original character could be protected under the copyright law of Sri Lanka.

Copyright is the protection given by law to an author or creator as a reward for their works and an incentive for them to create more. Laudable as this may seem, there are certain instances when these bundle of rights come into conflict with the human right of free expression. These instances include social criticism, tribute or commentary and ordinary expression with the use of existing copyrighted material.

In a free democracy such as ours, regulations on civil liberties are seriously discouraged and must be narrowly tailored to directly address a specific public need and no more. Throughout the law, there are numerous instances of speech regulation, most prominent among them are those involving defamatory, indecent or commercial expressions. Philippine law has no answers to the questions regarding the restrictions imposed by copyright law upon the freedom of expression. This is a potential hotbed of litigation and must be examined closely so that the legal and artistic community might be able to come up with guidelines on how to harmonize these two important rights.

By examining foreign case law, the history of copyright law and the purpose for which it was established, the answers become clear and unmistakable. Copyright law was established to forward human creativity and never to hinder it. When the law functions in such a manner that contradicts the purpose for which it was designed, then there is a flaw in either its construction or merely a failure to consider its effects vis-à-vis the right to free expression.

Therefore, there is a need to make some changes to the Intellectual Property Code and other allied laws to ensure that it does not give way to violations of the right to free expression. It must be narrowly tailored so that it may comply with existing statutory and case law on the restriction of other paramount rights. Similarly, there is a need to reassess the freedom of expression so that it may give way to the rights of authors and creators.

Appropriation, transformation and remix are increasingly recognized as significant aspects of digital literacy. This article considers how one form of digital remix – the video remix – might be used in classrooms to introduce critical conversations about representation, appropriation, creativity and copyright. The first half of the article explores the opportunities that remix presents to reflect on mainstream media ideologies, emerging modes of collaborative creativity, and the complexities of intellectual property. The second half illustrates this potential by examining the use of one popular video remix, Buffy vs. Edward, in a secondary school English class and an undergraduate popular culture course. Throughout, the article argues that critical discussion of digital texts and practices opens up the possibilities for students to analyze their everyday lived media experience. This is an important undertaking in a context in which young people's identities and world views are increasingly shaped through digital texts and interactions.

The goal of this study is to see if and how branding and the trademark system may be utilized in a commercial setting in Sri Lanka to extract value from tourism-related products and services.
The research emphasizes the relevance of unique signs, such as trademarks, collective and certification marks, and geographical indicators, in the context of tourist promotion from an intellectual property standpoint. This study uses a systematic literature review technique to explain the most current academic contributions in order to explore the use of the trademark system to brand touristic offers.
The findings of this study show that, although being a popular tourist destination, Sri Lanka has just scratched the surface of its real potential for tourism marketing through the use of branding and the country's trademark system. This paper provides tourism stakeholders with useful information for making efficient use of trademark rights in the tourist industry, as well as suggestions for future academic study. To the best of the author's knowledge, this is the first study paper to look into the usage of branding and trademark systems in the Sri Lankan tourist sector.
Keywords: Intellectual Property, Branding, Trademark, Tourism.

Intellectual property is generally characterized as non-physical property that is the product of original thought. Typically, rights do not surround the abstract non-physical entity; rather, intellectual property rights surround the control of physical manifestations or expressions of ideas. Intellectual property protects rights to ideas by protecting rights to produce and control physical instantiations of those ideas. Legal protections for intellectual property have a rich history that stretches back to ancient Greece and before. As different legal systems matured in protecting intellectual works, there was a refinement of what was being protected within different areas. Over the same period several strands of moral justification for intellectual property were offered: namely, personality-based, utilitarian, and Lockean. Finally, there have been numerous critics of intellectual property and systems of intellectual property protection. This essay will discuss all of these topics, focusing on Anglo American and European legal and moral conceptions of intellectual property.

The study generally focuses on describing some of the copyright issues in Bollywood Feature Films by giving special attention towards Bollywood Music. Generally, the songs are the backbone of any commercial Bollywood Feature Film. In Bollywood, most of the filmmake rs use music as a means of storytelling by creating montage sequences. So, this paper paid more attention towards describing the copyright issues related to the Music of Bollywood Feature Films like Agent Vinod's 'Pyaar Ki Pungi' Song. By tracing some examples, this study also tries to enumerate the amount of trouble for a production house if it receives a copyright notice. The contributions of Bollywood Feature Films in generating revenues are always premier as compared to other regional productions of Tollywood, Mollywood etc. As far as growth of the Indian Film Industry is concerned Bollywood not only plays a vital role in revenue generating but, also gives Indian Feature Films recognition in the world market. Including all these, the paper also touches some policies like The Berne Convention, The universal Copyright Convention, The Rome Convention and The TRIPS Agreement.

Archivists and librarians bear enormous responsibilities in providing access to materials under copyright without documented permission in that they share with their patrons any liability for copyright violation. They are uncomfortably placed on the line between the right of the intellectual property-holder to the fruit of his/her labor, on the one hand, and the right of the public to know, on the other. At the same time, archivists and librarians must serve the demands of research and scholarship. An added complication is the ease with which present-day technology enables users of information to duplicate or replicate copyrighted material. Thus, copyright laws have become harder to enforce and interpret. The line should be drawn by the law, but in many cases, judgment calls are made, and the judgment often is made wittingly or unwittingly by the archivist or librarian. When the right to know comes into conflict with the right of the author or creator to the fruit of labor, the arch...

Entertainment law is interlaced with various legal fields and covers a variety of areas in the entertainment industry, including film, broadcasting, music, theatre, and publishing. The players are even more varied: performers; their managers and agents; the creators of artistic works; the owners of theatres and festival grounds; broadcasters and publishers, distributors, and advertising agencies; the big brands that use celebrities to endorse their products; and the government as a regulator. Entertainment law serves not only the talent that performs in the entertainment industry but also the production aspects of creating entertainment content, as well as ensuring the sustainability of the industry.  The field of entertainment law is a complex one that spans the subjects of contracts, company law, including accompanying contracts, copyright, litigation, and licensing issues, and sometimes other concerns that pertain to employment, securities, competition, and taxation law. Additionally, the entertainment business is made up of many different businesses, each with its own peculiarities. For instance, the film business is different from the television business. The music business is different from the live theatrical performance business. While there are many similarities, the intricacies of each of the businesses can be overwhelming. Entertainment law plays a key role in the entertainment business, including in the areas of business formations, contracts dealing with compilation and synchronisation licenses, brand partnerships, and the exploitation of intellectual property rights, as well as recording, publishing, merchandising, and talent management arrangements.

Copyright as subject matter for research work has attracted the attention of many researchers. A vast amount of literature has been published from different countries form time to time. Copyright policy of each country varies from the other in many respects. Several studies have been pursued different countries for analyzing copyright policies from different aspects This paper reviews previous research work published on copyright and related issues at an international and national level and tried to find out the areas which remains unexplored and hence call for special attention.

This paper examines the law enforcement mechanism for the implementation of the Anti-illegal Camcording Act of 2010 in selected Philippine cinemas against film piracy and illegal camcording. Using sociological perspectives, especially some tenets of the Actor-Network Theory (ANT), and qualitative data from testimonies of 20 student-informants who witnessed actual illegal camcording of some cinemas in Metro Manila, interview from the chairperson of the Optical Media Board (OMB), Philippines' lead agency against media piracy, personal observation and experience of the author as a movie goer, media reports, and secondary literature and the Actor-network Theory (ANT) as the primary theoretical framework, it argues that an effective law enforcement against illegal camcording entails an efficient and effective use of human and technological surveillance and policing using the latest digital technologies. Results showed that that illegal camcording which occurred in some cinemas in Metro Manila as witnessed by the study's student informants, were primarily caused by the lack of efficient human monitoring by cinema personnel and government agents, as well as by the absence of the latest surveillance and detection technologies which could have deterred illegal recording of films by pirates inside the movie theater. The recommends an efficient human and technological surveillance in cinemas employing the latest anti-piracy technologies to implement the law.

The hereunto thesis discussess the issue of the right of observation in the Copyright Law. More analytically, the crerators being unable to define the price of their works, were forced to sell them in very low prices. Consequently, they were also unable to request a payment if their works were again available for purchase, due to the nature of the artistic works as unique ones.
For the above mentioned reasons, the  Greek Copyright Law has introduced a new right, in the article 5 of Law 2121/1993 the so-called the right of observation. According to this new right, for every original work that can be resod, a percentage of 5% is paid to t he creator. The only exceptions are the first purchage of the work and the private transactions. The people who are obligated to pay are the salesmen and generally the auctioneers. This right of observation is valid throughout the whole life of the creator and it remains in effect for 70 years after the death of the creator. Moreover, this right of observation was established in the Berne Convention. Also, the EU Law contains a similar provision introduced with the Directive 2001/84/EC. The case of Phil Collins was the  reason which motivated this Directive.
In conlusion, the right of Observation protects effectively the creators. Thus, instituting this right in the Copyright Law was a wishful act.
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Στην παρούσα μελέτη εξετάζεται το θέμα του Δικαιώματος Παρακολούθησης στο Δίκαιο της Πνευματικής Ιδιοκτησίας. Πιο αναλυτικά, οι δημιουργοί αδυνατούσαν να προσδιορίσουν την αξία των έργων τους και συχνά εξαναγκάζονταν να τα πωλήσουν σε πολύ χαμηλές τιμές. Επομένως δεν μπορούσαν να αξιώσουν αμοιβή αν τα έργα τους πωλούνταν εκ νέου εξαιτίας της φύσης των καλλιτεχνικών έργων ως μοναδικής ενσωμάτωσης.
Για τους ανωτέρω λόγους, το Δίκαιο της Πνευματικής Ιδιοκτησίας εισήγαγε  ένα νέο άρθρο, το άρθρο 5 του Ν. 2121/1993, το επονομαζόμενο "Δικαίωμα Παρακολούθησης". Σύμφωνα με το νέο αυτό δικαίωμα, για κάθε μεταπώληση του πρωτότυπου έργου θα καταβάλεται στον δημιουργό το ποσοστό του 5% στην τιμή πώλησης του έργου. Μόνες εξαιρέσεις είναι η πρώτη πώληση του έργου και οι ιδιωτικές συναλλαγές. Υπόχρεοι για την καταβολή του δικαιώματος παρακολούθησης είναι οι οργανωτές δημόσιων πλειστηριασμών και οι έμποροι έργων τέχνης. Το δικαίωμα παρακολούθησης ισχύει καθόλη τη διάρκεια της ζωής του δημιουργού και 70 χρόνια από το θάνατό του.
Περαιτέρω, το δικαίωμα παρακολούθησης θεμελιώνεται και στην Σύμβαση της Βέρνης. Επίσης και το Ενωσιακό Δίκαιο περιέχει παρόμοια ρύθμιση, η οποία εισήχθη με την Οδηγία 2001/84. Η υπόθεση του Phil Collins ήταν ο λόγος της υιοθέτησης αυτής της οδηγίας.
Εν κατακλείδι, το Δικαίωμα Παρακολούθησης προστατεύει αποτελεσματικά τους δημιουργούς. Συνεπώς η εισαγωγή του στο Δίκαιο της Πνευματικής Ιδιοκτησίας ήταν ευχής έργο.

This study seeks to find the relevance of traditional copyright laws in the digital age, their
relationship with the piracy issues in music industries, and a possible way to control ongoing
digital piracy. For this purpose of the research, a qualitative secondary method with documentary
analysis was chosen. Several available data from past to current were selected, skimmed,
synthesized, presented thematically, and finally analyzed in the research work.
The analysis results show that the copyright laws are insufficient and less relevant in the modern
digital age. The digital issues are somehow related to the copyright laws created by inappropriate
clauses and wordings. Secondary ethnographic data from the psychological perspective of piracy
show that the justification of illicit behavior and antipathy towards music industries is another
reason for piracy among youths. Finally, the study of emerging technologies such as blockchain
technology shows possibilities in solving revenue distribution issues, transparency issues, and
intermediaries' role issues. On the other hand, artificial intelligence shows considerable potential
and promising future of music industries in many ways while controlling the ongoing piracies.