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92 Uppsatser om Licensing of copyright - Sida 1 av 7

Avtalslicensens förhållande till konkurrensrätten : När strider utövandet av en avtalslicens mot konkurrenslagstiftningen?

AbstractCopyright is designed to not interfere with society's general and overriding interest of effective competition. An effective market competition benefits consumers by lowering prices, raising the quality and expands the range of goods and services.The purpose of the paper is to investigate if the collecting societies licensing violates competition laws. On the basis of the investigation regarding the bill for a new Swedish copyright law (URL), mainly the new wording that regulates the license agreement, corresponds to the EU competition rules and customs within the area.The collecting societies licensing violates the competition laws in the following cases? Discrimination of members because of nationality?           Authors transferring their sole rights to global exploitation?           The collecting society have the right to manage the rights after the author have left as a member?           Users that are established abroad do not get access to the repertoire of  the collecting societies, the same goes for concerted practice if this is the purpose or result?           Parallel behaviours that cannot be explained objectively?           Dividing the market?           Fixed Prices?           Refusal to sign multi-territorial licenses?           Apply different conditions for equivalent transactions resulting in competition disadvantages for a company that cannot be justified by reasonable causesCurrently there are no indications that the new bill to a new URL violates EU law. The author of the paper thinks this may change if the collective management extends, so that other member states get the extended license agreements, then the single market is affected by the competition restriction that the new bill to the URL mean.

Debatt om informationsfrihet i kris- En studie över upphovsrättsdebatten i några svenska biblioteksorienterade tidskrifter 1996-2001.

In the years 1996-2001 the European Union`s copyright-directive was drawn up. This directive led to much lobbying activities from both copyright holders and library organisations like EBLIDA and IFLA. The Internet and filesharing networks like Napster had led to strong reactions among some copyright holders. Internet gave people an easy opportunity of accessing copyright protected material. Some researchers of copyright have written books where they state that the copyright holders utilize authors fear of illegal copying to strengthen the copyright laws, and by that benefit economical.

Biblioteken, upphovsrätten och de nya medierna

The explosion of new digital media puts pressure for developments within copyright law both in Sweden and internationally. These developments are taking place on two different international areas: (1) WIPO which is a part of the UN family and (2) the EU where a new directive on copyright law is being prepared and probably implemented during 2001. The aim of this thesis is twofold: (1) to study which considerations libraries must make when handling the new digital media both under today's copyright laws and under those which are being developed internationally. (2) What will be the consequences, for Swedish libraries, if the new EU-directive on copyright law is implemented in Sweden? By analysing current copyright laws, international treaties and the proposal for a new EU-directive as well as the national debate the thesis brings attention to a number of central issues for libraries.

Upphovsrättens effekter på biblioteken : En diskussion kring bibliotekens position, verksamhet och framtid

This master thesis examines the copyright law with the purpose of sorting out the consequences and the effects of the law impacted on libraries. The theories used are mainly discourse analysis and public domain theory. At the centre of the examination is the effects that copyright law bring to libraries and their ability to perform their work. A major part of this thesis is gathered around the analysis of the presumptive key words that give the structures of copyright law the possibility to claim rightfulness. This is an outspoken strategy to illustrate the discourse of copyright law.

Legitimation för förskollärare : Statens strategi mot ökad professionalisering

This essay discusses the decision of licensing for nursery and school teachers. In Swedish society there has for a long time been discourse about professionalisation within various industries, including teaching. One strategy towards achieving professional status is official authorisation of a profession, which occurs when a profession obtains licensing. In February 2011, the Swedish government announced the decision that nursery and school teachers would be licensed. This means that only those with an education can be employed as a teacher and obtain that license.

Från idé till IPRED ? Svenska Filminstitutets argument kring fildelning, upphovsrätt och Internet

The aim of this thesis is to examine how the Swedish Film Institute?s arguments regarding file sharing, copyright and the Internet relates to the changes made in the Swedish copyright law during 2003 and 2007, using the current debate about surveillance versus liberty on the Internet as a backdrop. The theory used is based on Lawrence Lessig?s ideas about how a network such as the Internet can be controlled, and what regulating forces a government can use to constrain a certain behavior such as illegal file sharing. By examining referral statements made by the Swedish Film Institute to five different communications from the Swedish government regarding copyright and film politics an idea analysis is being used as a method to answer the following sub-questions: 1.) How has the Swedish copyright law evolved during the latest years? 2.) What arguments are being used by the Swedish Film Institute in issues regarding file sharing, copyright and the Internet? 3.) Are the arguments being used by the Swedish Film Institute regarding these issues changing during the examined period? The findings of the study show that the Swedish Film Institute has been eager to support a more powerful expansion of the copyright laws, often suggesting more powerful solutions than the Swedish government itself.

Kampen om kunskap: Vem bestämmer vad kunskap är och vem äger den? : En textanalys av WIPOs Development Agenda och Draft Treaty on Access to Knowledge

Uppsala universitet The aim of this master?s thesis is to investigate, through text analysis, the role of copyright in development, with particular interest of how the concepts knowledge and access to knowledge are used in Access to Knowledge Draft Treaty and WIPO Development Agenda. The definition of the concept knowledge, as it is used in copyright, is based in a Western historical and philosophical context and therefore excludes knowledge created in another type of society. The consequences of this exclusion have effects on development. Further it is stated that knowledge according to the global copyright scheme will be reduced to a commodity, which will have consequences not only in societies in the global South.

Upphovsrätt i förändring? En undersökning av några upphovsrättsorganisationers remissvar på Ds 2003:35

In the year 2003 the Swedish ministry of Justice drew up a communication about the incorporation of the European Unions directive about harmonisation of certain aspects of copyright and related rights in the Information Society, 2001/29/EG. The communications name is Ds 2003:35. This study examines the arguments in the communications from some of the copyright organisations in Sweden. For this study we have used five referral statements from organisations who represents different types of originators. We have studied their arguments and how well they argue for their theses.

Fildelning : Avvägningen mellan upphovsrätt och integritetsskydd

The relation between copyright and the right to privacy is complex and difficulties exist in balancing the rights. Copyright should not be limited. Therefore, to ensure the economic rights of the copyright owners, must the right to privacy instead be limited whenever the two rights collide.The implementation of IPRED into Swedish Law meant a vast change as private operators are able to request information concerning a suspected infringer before as well as during a proceeding concerning an infringement of intellectual property. The chosen implementation method goes beyond IPRED?s requirements and also sanctions a lower standard of proof to grant the requested information.

Open access i forskningspolitiken : en undersökning av de politiska argumenten i debatten kring vetenskaplig publicering

This Master's thesis aims at pinpointing the political arguments that appear in the recent debate on scientific publication. There is a widely spread opinion that prices on digital resources are far too high, thus taking up a major part of the University libraries budget, while publishing companies make high profits. It is also a common opinion that the current publishing method does not take full advantage of the possibilities of electronic publishing. Lately a number of alternative ways of publishing have been initiated and discussed, generally referred to as open access. Open access published material is available free of charge and free of most copyright and licensing restrictions on the public internet.In this thesis the minutes from four hearings held by the UK House of Commons in the spring of 2004 are examined.

Less is More : Copyright som censur i Control Societies, och hur mindre censur tenderar att bli mer reglering

In what French philosopher Gilles Deleuze labelled Control Societies, mechanisms reminiscent of censorship ? that is, restriction of information that administrators of power wish to regulate the spreading of ? are present in the concept of copyright. This kind of censorship has the advantage of not being scrutinized by public eyes in the way that the work of institutionalized censorship agencies such as the Swedish Statens Biografbyrå was. It is not unlikely that expanded possibilities for punishing anyone who spreads copyrighted material will result in larger and larger areas that may not be accessed, as the avoiding of conflict and repressive actions will emphasize the behaviour to take detours around information that is deemed taboo and therefore suspicious and dangerous. The ACTA trade agreement is one proposed tool for such extended possibilities for punishment.This essay does not however claim that copyright and censorship are the same ? but rather that the institutional execution of power that was previously a matter of state censorship has a lot of similarities with current and prognosticated application of copyright laws by corporations.

Less is More : Copyright som censur i Control Societies, och hur mindre censur tenderar att bli mer reglering

In what French philosopher Gilles Deleuze labelled Control Societies, mechanisms reminiscent of censorship ? that is, restriction of information that administrators of power wish to regulate the spreading of ? are present in the concept of copyright. This kind of censorship has theadvantage of not being scrutinized by public eyes in the way that the work of institutionalized censorship agencies such as the Swedish Statens Biografbyrå was. It is not unlikely that expanded possibilities for punishing anyone who spreads copyrighted material will result in larger and larger areas that may not be accessed, as the avoiding of conflict and repressive actions will emphasize the behaviour to take detours around information that is deemed taboo and therefore suspicious and dangerous.The ACTA trade agreement is one proposed tool for such extended possibilities for punishment. This essay does not however claim that copyright and censorship are the same ? but rather that the institutional execution of power that was previously a matter of state censorship has a lot of similarities with current and prognosticated application of copyright laws by corporations.While claiming to protect the individual, the disciplinary power executed actually aims to protect the one executing it; the purpose of the power structure is to replicate itself..

Licensiering av upphovsra?tt : En studie om avtalslicensens funktion och framtid

Licensiering utgo?r ett viktigt verktyg inom upphovsra?tten och har en stor praktisk betydelse fo?r sa?va?l upphovsma?n som ra?ttighetsutnyttjare och andra. Avtalslicensen a?r en nordisk ra?ttsfigur som framtagits fo?r att klarera ra?ttigheter vid massutnyttjanden av upphovsra?ttsligt skyddade verk och ger mo?jlighet att utnyttja verk av utanfo?rsta?ende upphovsma?n utan att inha?mta tillsta?nd. Upphovsma?nnens ra?ttigheter tillvaratas genom ra?tt till ersa?ttning och erforderliga skyddsregler.

Upphovsrätten incitament eller slutstation? En ideologikritisk analys av The Association of American Publishers och Authors Guilds syn på upphovsrätt.

The aim of the following thesis is to examine if the ideology behind the copyright laws of today poses a threat to creativity and the cultural heritage. The organizations Association of American Publishers and Authors Guild are subject to an ideology- analysis which seeks to examine their ideological views on copyright and the possible threat to creativity such a view brings. The conflict between the two organizations and Google Book Search is used as a context where the ideology is being brought to light. Stanford Law School professor, Lawrence Lessigs work is used as theory and an alternative to the examined view on copyright. The result suggests that the organizations see copyright as the only effective incentive to creation and therefore they think stronger intellectual property laws are needed.

Avtalad upphovsrätt : En studie av förslagen till en reformering av 3 kap. upphovsrättslagen

De lagstadgade bestämmelser som reglerar upphovsrättens övergång återfinns i 3 kap. upphovsrättslagen. Från flera håll har kritiska röster väckts om att dessa bestämmelser behöver överses och moderniseras för att hänga med den kontinuerligt pågående utvecklingen av dels teknik men framför allt den upphovsrättsliga marknaden. I samband med detta har Upphovsrättsutredningen sammanställt ett SOU-förslag som benämnts Avtalad upphovsrätt. Där flerstående förslag till förändringar och tillägg utav de nuvarande bestämmelserna ges.

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