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Study on Copyright and Scientific Publications: Encouraging Access and Re-use

Kluwer Copyright Blog

Current practice in scientific publishing requires copyright assignments or the issue of exclusive licenses by researcher-authors to publishers. National copyright contract rules imposing limitations on the licensing of copyright in future works may obstruct OA mandates. Current EU copyright framework. Recommendations.

Copyright 107
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Courts Still Have No Clue How to Determine Who Owns Social Media Accounts–JLM v. Gutman

Technology & Marketing Law Blog

However, the appellate court seems to invalidate that six-factor test: “Determining he ownership of social-media accounts is indeed a relatively novel exercise, but that novelty does not warrant a new six-factor test.” The next step is to determine whether ownership ever transferred to another party.

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Copyright as an Access Right: Concretizing Positive Obligations for Rightholders to Ensure the Exercise of User Rights

Kluwer Copyright Blog

The social contract of copyright, which main purpose is to realize a broader collective concern, the access of citizens to science and culture ( Geiger, 2013 ), lies in the approximation of the interests of rightholders and users. licenses for specific uses). 7(1) and art. 17(7) CDSM Directive.

Copyright 122
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What if? Discussing the Elsevier Ltd. And Ors v Alexandra Elbakyan and Ors in the Multiverse of Substantive Copyright Arguments

SpicyIP

In the context of certain questions that arose in the proceedings, Tanvi then brings up an interesting hypothetical i.e. what if the defendants had challenged the ownership of the copyright early on, instead of the attempt to amendment later on. Tanvi is a second-year student pursuing BA LLB at the National University of Juridical Sciences.

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Departing Employees Rename Their Former Employers’ Facebook Account. That May Be a Problem–La Baguette v. Tito & Tita

Technology & Marketing Law Blog

Breach of Contract : Plaintiffs only alleged a contract claim, based on breach of a non-compete, against the one defendant who had signed the non-compete. Defendants are free to flesh out their arguments regarding ownership of the Facebook page later in the case. __. See generally, Christopher A. In contrast, in JLM Couture v.

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Copyright Of Cinematograph Films: Indian Scenario

IP and Legal Filings

Eastern India Motion Pictures Association case, the Indian Performing Right Society (IPRS) established its tariff system in 1977 for licensing musical works and lyrics for public performances (known as the IPRS case). Firstly, it stated that the 2012 changes did not mention that the composers would retain their ownership rights.

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Introducing a zero-embargo Secondary Publication Right in Bulgaria

Kluwer Copyright Blog

Typically, in the case of scholarly publications, authors are publicly funded through payment under a standing contract with a university or research institute, or through project funding, including EU funding. Copyright in a work made for hire resides in the author of the work, unless the commission contract provides otherwise.