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1.
Upon reviewing thePreliminary Draft of the Report of the Working Group on Intellectual Property Rights, given the titleIntellectual Property and the National Information Infrastructure, one immediately confronts the grand ambiguity that resides in the two words: “intellectual property.” That the task force on the information infrastructure, enshrined with the acronym NII, had to locate precedent for its missioning Supreme Court Justice Story's 1841 observations on copyright issues as an area involving the “metaphysics of the law” indicates what a long reach the very notion of intellectual property entails in a democratic society. He is the author ofCommunicating Ideas: The Politics of Publishing and has published widely in the journal literature, includingScholarly Publishing; Logos; Publishing Research Quarterly; Journal of the American Society of Information Science, among others.  相似文献   

2.
Since the year 2001, Kenya’s copyright regime has extensively been shaped by Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement; World Intellectual Property Organization Copyright Treaty; Africa Growth Opportunity Act (AGOA); and The Cotonou Agreement, which have advocated for effective copyright administration and management structures in addition to stiffer penalties for those who violate copyright laws. Despite better administrative structures being put in place, copyright infringement in Kenya has persisted. Being able to balance the needs of rights owners and information consumers becomes a critical role librarians have to play. Knowledge about copyright, thus, becomes critical. Despite the fact that librarians in Kenya are not a homogenous group, how knowledgeable the different librarian cadres are concerning copyright issues is least understood. The raison d’être for this study is to find out whether different cadres of librarians based on academic qualifications differ in the level of knowledge on copyright issues. A questionnaire was used to collect data. Results indicate no statistically significant difference in self-reported knowledge of copyright among the five librarian cadres based on their education level and neither is there a statistically significant difference based on librarians’ years of service. Statistically significant differences among the five librarian cadres exist when we compare “tested knowledge” of copyright issues. Evidence of insufficient mastery of provisions in the Kenyan copyright law does exist.  相似文献   

3.
Copyright, a legal discipline concerned with the protection of the moral and economic rights of the creators of literary, scientific and artistic works, is recognized in the Universal Declaration of Human Rights (Article 27.2), as are the rights to information and culture. This intellectual right amounts to a monopoly on exploitation for authors, which is the subject of national legislation and international conventions designed to ensure its worldwide harmonization. Since the invention of printing, which brought it into being, copyright has been adapted to the various technologies for disseminating and communicating works of the mind that have subsequently developed. Because respect for copyright is a fundamental requirement for the full development of the creative work for which it provides remuneration, copyright today is faced with the difficulty of maintaining the delicate balance among the legitimate interests of authors, successors-in-title and the general public in the digital environment. This paper illustrates a highly topical international debate, analyses international agreements adopted under the aegis of WIPO (World Intellectual Property Organization) last December and describes UNESCO's doctrine on the subject.  相似文献   

4.
This paper describes the activities of the World Intellectual Property Organization (WIPO) and presents its programme for the next few years in the field of copyright, with particular emphasis on aspects of interest to publishers.  相似文献   

5.
The degree to which agreements between authors and publishers are left to free negotiation varies from country to country. As the European nations move toward economic unity, a greater degree of conformity in literary common law is desirable. Any common rules on publishing contracts should balance the interests of publishers and authors so that authors receive a fair share of all exploitations of their work and publishers are free to exploit the works in all possible ways. Exploitation includes both traditional means and new mass media and merchandising rights. professor of Intellectual Property and Copyright Law at both Berlin state universities, and author of commentaries on the German Copyright Code (7th ed., 1988), the German Unfair Competition law (6th ed., 1990), and the International Copyright Conventions (German ed., 1977; French ed., 1982; English ed., 1990). This article was adapted from a presentation at the seminar “East Meets West: Copyright and the Publisher in a Market Economy”, Hamburg, March 1991.  相似文献   

6.
作者在发表作品时,通常与出版商就著作权中的财产权签订转让协议(版权转让协议),作者由此对其作品著作权中的财产权丧失行使权。中国科学院研究所机构知识库建设中主要的著作权疑虑源于已发表作品的作者轻易放弃了著作权中财产权的行使权。中国科学院研究所机构知识库存缴和发布的作品均为公共资金资助作品。由公共资金资助的作品存缴和发布到机构知识库符合著作权相关法律保障公共利益的宗旨,出版商无权剥夺这些作品的公众获取权。  相似文献   

7.
Reproduction rights organizations, which administer reproduction copyrights collectively, are one of the major implementation mechanisms for copyright law, on both a national and an international level. The operation of RROs is described, with examples from Norway, Germany, the United Kingdom, and the United States. The International Federation of Reproduction Rights is discussed, and future plans for licensing databases are summarized. This article was adapted from a presentation to Latin American Copyright Specialists at the Library of Congress, Washington, D.C., May 1991, which was sponsored by the International Copyright Institute of the U.S. Copyright Office and the World Intellectual Property Organization.  相似文献   

8.
本文参考技术成熟度方法首次提出了知识产权实现水平的概念,并定义了相应的知识产权实现水平度量 表。然后结合工作分解结构提出一个科技计划项目知识产权管理动态管理的方法,并制定监测指标和实施方式,用于 监督和管理科技计划项目的知识产权实施进度和应用状况。  相似文献   

9.
Through its Rights Committee, the Book Industry Study Group develops, maintains and advocates for industry-wide best practices designed to support the transmission of a defined set of rights information between trading partners. A survey recently identified six challenges related to rights management. It further found that publishers and other stakeholders are looking to justify the return on investment in solutions offered by rights solutions providers.  相似文献   

10.
Abstract

This article delves into a few areas of copyright law that academic authors often overlook: joint author’s rights and the work made for hire doctrine. Scholarly publications produced by university professors often include more than one author. The default copyright laws apply to any such works if there is no specific written agreement to the contrary. Thus, it is important to understand what those default rules are in order to determine whether it is appropriate to deviate from them in an author agreement. Similarly, the work made for hire doctrine would normally apply to make all work produced by professors owned by the university. Luckily, many universities do not wish to own such work and give it back to professors through university statutes and other governing documents. However, it is crucial to understand whether the default rules apply or the university permits professors to negotiate their own author agreements with publishers. Finally, if authors own their own scholarly works, publishers can expect that they will negotiate their rights in the publishing agreements to benefit the terms most favorable to the author. And yet, many faculty members simply sign a standard authorship agreement without asking for concessions on the part of the publisher. Thus, this article empowers professors to exercise their copyright rights to the full extent of the law and to negotiate their author’s agreements to benefit themselves and society as a whole through open access and the use of Creative Commons licenses.  相似文献   

11.
The World Blind Union has become the first non-governmental organisation to succeed in having a treaty on copyright table for consideration as states-owned business at the World Intellectual Property Organisation. This article looks at the controversies surrounding copyright exceptions for the print-disabled, and argues that a new legal framework is needed to help increase the production and movement over borders of literature in an accessible format.  相似文献   

12.
Having found a business opportunity in exploiting the open access publishing model, predatory journals and publishers have been spamming authors with emails, inviting them to submit articles for publication. Authors may be misled by the names of prestigious authors and editors that predatory journals and publishers use to advertise their publishing services, either by claims that those scientists serve on the editorial boards or by sending invitations in their names. Given the fact that detailed knowledge of a journal is required to make an informed decision of whether the inviting journal is predatory or not, junior scientists are not likely to possess the knowledge or skill to make such decisions. In addition, analysis of the details of new suspicious journals and publishers can be a lengthy process or even a waste of time. Therefore, in this paper, we provide an analysis of a likely scenario that many authors are facing nowadays when they take on the difficult task of studying the details of suspicious journals as possible venues for the publication of their research findings. The analysis takes the form of an analysis of the Kenkyu Publishing Group, which is listed on Jeffrey Beall’s list of “predatory” open access publishers.  相似文献   

13.
分析了数字版权保护技术的现状及其现有的数字版权管理常用技术中作者、出版者、及其读者的关系和权益保护等情况,指出现有的数字版权管理技术及其研发过程中存在对版权所有者利益过于关注,而忽视了普通用户的相关利益。提出应该借助公平离线电子现金原理中的几项技术改进现有的数字版权管系统,以达到兼顾各方利益。    相似文献   

14.
解析日本知识产权信息披露导引及其对我国的启示   总被引:1,自引:1,他引:0  
李红 《图书情报工作》2010,54(2):100-35
解析在“知识产权信息披露参考导引”下日本知识产权信息披露的机制,阐释日本知识产权信息披露的背景、指导思想、披露载体、披露项目、实施案例及其对我国的启示。冀望借鉴日本经验,引导、规范我国企业知识产权信息披露工作,建立健全我国知识产权信息披露机制,以助推我国《国家知识产权战略纲要》的贯彻实施。  相似文献   

15.
Access to knowledge is a critical issue when intellectual property rights are debated among governments in such fora as the World Intellectual Property Organization and the World Trade Organization. Scientific and scholarly materials became available online long before other types of copyright‐protected works, such as music and films. It is therefore particularly interesting to analyse how this specific field of publishing has adapted to the new digital landscape. Lessons can be learnt from related business sectors. Licensing is a key component in creating access, on terms and conditions that are fair and balanced for users in all parts of the world; this will encourage writing and publishing both now and in the future.  相似文献   

16.
Conclusion Freelancers provide unique resources for publishers. Because of their special expertise, unique viewpoints, and even geographical location, they provide publishers with customized materials in disciplines and locations where the expense of full-time writers would not be justifiable. They will continue to be an important factor in the publishing industry. Publishers will continue to write contracts that allow them to republish articles in all known and future formats. Problems still exist with articles published before 1995. Publishers will have to decide how they will respond to Tasini, whether that means some version of the PRC or deleting articles. It is hoped that a final agreement between authors and publishers, according to the decision of the Supreme Court, will result in minimum inconvenience to the research public. New technology presents many challenges, as well as many opportunities, for freelance writers. As technology evolves, copyright law must ensure that writers’ incentives to create are nurtured and that they are fairly compensated for their work. Authors whose work creates value should share in the revenue and opportunities created by those technologies.  相似文献   

17.
For centuries publishers have acted as intermediaries between author and audience. Copyright, like freedom of expression, is an essential element of freedom in this role, because without it authors' rights are not fully protected. Only when they are protected against theft and other economic or moral infringements are authors free to express themselves without fear. Publishers, too, rely on copyright to protect their investments and their freedom Paul Nijhoff Asser has been secretary of the International Group of Scientific, Technical and Medical Publishers (STM), Amsterdam, since 1970. He has been active in publishing and bookselling for more than forty years. This article was adapted from a presentation at the seminar “East Meets West: Copyright and the Publisher in a Market Economy”, Hamburg, March 1991.  相似文献   

18.
WTO与图书情报业及国际图联的立场   总被引:3,自引:0,他引:3       下载免费PDF全文
《服务领域贸易总协定》(GATS)和《与贸易有关的知识产权协议》(TRIPS)使图书情报业的地位、生存和发展产生问题。我国图书情报界应根据国际图联的立场 ,对入世后面临的诸多问题进行研究。参考文献 6。  相似文献   

19.
王志刚 《出版科学》2012,20(3):25-29
版权资源是出版产业的生命之源,因此出版企业应该重视版权业务的战略化管理。本文以部分美国出版企业作为研究对象,从版权获取、版权运营、版权保护三个层面分析其经验,以期对我国出版企业版权战略管理有所启示。  相似文献   

20.
A summary overview of the children’s and young adult publishing industry in China with a focus on the size of the market, ten major publishing houses, copyright and trends. Special emphasis has been placed on specific transaction for the sale of translation rights from German language publishers to China and minimal activities of German rights sold to Chinese publishers.
Jing BartzEmail:
  相似文献   

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