Journal articles on the topic 'Publisher and author rights'
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1
Suber, Peter. "Balancing Author and Publisher Rights." Bilgi Dünyası 9, no. 1 (April 30, 2008): 207–24. http://dx.doi.org/10.15612/bd.2008.334.
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As open access gains momentum, more and more scholarly authors are trying to retain the rights they need to authorize open access. At the same time, many publishers continue to demand transfer of copyright and resist author demands to retain key rights. This article explores the possibility of a balance which gives each side the rights it needs.
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Arslan, Hakan. "Rights of Authors, Readers and the Publisher." European Journal of Chemistry 9, no. 1 (March 31, 2018): ix—x. http://dx.doi.org/10.5155/eurjchem.9.1.ix-x.1695.
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Hara, Abubakar Eby. "Book Review: Author: Al Khanif; Title: Religious Minorities, Islam, and The Law: International Human Rights and Islamic Law in Indonesia; Publisher: Routledge, 2021." Journal of Southeast Asian Human Rights 5, no. 1 (June 29, 2021): 94. http://dx.doi.org/10.19184/jseahr.v5i1.24717.
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This book examines religious minority rights in Islam in Indonesia from the international and local human rights perspectives. Its main contribution lies in the effort to find Indonesia's uniqueness in managing minority rights in religion. This study leads the author to a rich discussion of how international human rights through its activists spread the need for freedom of every citizen and how advocates of religious orthodoxy respond to it. In contrast to analysts who use the dichotomous view of the acceptance or rejection of international human rights values, the author sees complexity in the process of spreading these values. It can be said that there is a process of modifying the values of secularism in human rights and localization to make these values an integral part of society. In this line of view, the author calls the Indonesian state a quasi-theistic secular state which means that Indonesia is a secular country but friendly and tries to guarantee freedom of religion and worship. In the case of minority rights in Islam, the state prioritizes harmony in society and supports the orthodox views of the majority. The minority view must be assimilated with the orthodox teachings of Islam to get a place to live. The quasi-theistic secular state continues to experience contestation and has undergone a long construction process based on the narration of the peaceful entry of Islam and the relatively moderate character of Indonesian Islam. At a certain level, this state concept has developed to be an identity and norms that become a reference for how to treat religious minorities. The author thus succeeded in showing that Indonesia is an example of a country that can develop its own identity and norms of religious life that are different from that of the Western secular state system.
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Badarevski, Bobi, and Anastazija Kirkova. "Science, Gay Gene, Human Rights." Identities: Journal for Politics, Gender and Culture 1, no. 3 (June 1, 2002): 17–36. http://dx.doi.org/10.51151/identities.v1i3.60.
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Author(s): Bobi Badarevski | Боби Бадаревски
Title (English): Science, Gay Gene, Human Rights
Title (Macedonian): Наука, геј ген, човекови права
Translated by (Macedonian to English): Anastazija Kirkova | Анастазија Киркова
Journal Reference: Identities: Journal for Politics, Gender and Culture, Vol. 1, No. 3 (Summer 2002)
Publisher: Research Center in Gender Studies - Skopje and Euro-Balkan Institute
Page Range: 17-36
Page Count: 19
Citation (English): Bobi Badarevski, “Science, Gay Gene, Human Rights,” translated from the Macedonian by Anastasija Kirkova, Identities: Journal for Politics, Gender and Culture, Vol. 1, No. 3 (Summer 2002): 17-36.
Citation (Macedonian): Боби Бадаревски, „Наука, геј ген, човекови права“, Идентитети: списание за политика, род и култура, т. 1, бр. 3 (лето 2002): 17-36.
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Teixeira da Silva, Jaime A. "Are Mandatory Institutional Emails for Manuscript Submission an Unfair and Discriminatory Policy?" Journal of Interdisciplinary Medicine 6, no. 4 (December 1, 2021): 189–91. http://dx.doi.org/10.2478/jim-2021-0039.
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Abstract With increasing cases of fraud in submission, peer review, and publication processes, some by authors with fake identities and who use concocted emails, including the use of web-based emails, editors and publishers are looking for ways to try and stem the tide of fraud. In some journals, editors and publishers mistakenly believe that this might be possible by implementing a policy that mandates submitting authors to have an institutional email. However, this may be discriminatory at various levels, the most obvious of which is unfairness, i.e., no right to “entry” to a journal based exclusively on the type of email used, even more so when the submitting author is not fake. Such policies might, very ironically, even violate stated journal or publisher policies on discrimination and inclusivity. Editors and publishers that employ such tactics, as a way to attempt to reduce fraudulent submissions, need to rethink this potentially discriminatory strategy. In a publishing world that is becoming increasingly litigious, it would not be surprising if legal action would one day be taken against a journal or publisher by a valid author using a web-based email such as @gmail.com, @yahoo.com, or @163.com, but who may have been unfairly barred entry to that journal based on such a policy. Two real case examples are provided, Tumor Biology, a struggling journal published by IOS Press, and Journal of Business Ethics, a journal published by Springer Nature.
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Richards, Evelleen. "A Question of Properly Rights: Richard Owen's Evolutionism Reassessed." British Journal for the History of Science 20, no. 2 (April 1987): 129–71. http://dx.doi.org/10.1017/s0007087400023724.
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WhenVestiges of the Natural History of Creation, the anonymous evolutionary work which caused such a furore in mid-Victorian England, was published towards the close of 1844, Richard Owen, by then well-entrenched as the ‘British Cuvier’, received a complementary copy and addressed a letter to the author. This letter and how it should be interpreted have recently become the subject of historical debate, and this paper is directed at resolving the controversy. The question of Owen's attitude to theVestigesargument is central to the larger historical problem of the views of this leading British morphologist and palaeontologist on the contentious issue of the ‘secondary causes’ of species. Owen wrote so little directly on this subject prior to 1858, that the letter in question, together with his two letters of 1848 to the rationalist publisher John Chapman, and the controversial conclusion to hisOn the Nature of Limbs(1849), constitute the major evidence that Owen in this period subscribed to a naturalistic theory of organic change. On the basis of this evidence, historians of biology have generally concurred with Owen's biographer grandson that Owen had a ‘certain leaning towards the theories enunciated by Robert Chambers [the Vestiges' author]’, but that his ‘official’ anti-transmutationist stance of the 1840s did not permit full public expression of his own views. As Ruse most recently summed up this historical consensus: Owen in the 1840s was ‘moving down a path not completely dissimilar from that followed by Chambers’, and he ‘tried to have matters two ways, praisingVestigesto its author and condemning it to its critics’.
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Smart, P. "Copyright." Annals of The Royal College of Surgeons of England 98, no. 03 (March 2016): 162–64. http://dx.doi.org/10.1308/rcsann.2016.0096.
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‘Talent is always conscious of its own abundance, and does not object to sharing.’ Aleksandr Solzhenitsyn, The First Circle When authors submit an article for publication, most publishers will ask for a signature from the author on a copyright form. The relationship between an author and the publisher is then a partnership but one that many authors are reluctant to enter into. After all, why should a publisher take copyright from an author of an article when the author had the idea and has done all the hard work for the content of the article? In response to this question, publishers will generally claim that copyright transfer agreements protect authors from copyright infringements such as plagiarism, libel and unauthorised uses as well as protecting the integrity of the article. Copyright in the UK was originally concerned with preventing the unlawful copying of printed material in the 17th century in response to the then new technology of book printing. The first copyright act in the UK, the Statute of Anne in 1710, was subtitled ‘An Act for the Encouragement of Learning’, and granted privileges and monopolies to book printers. Since then, copyright law has evolved to incorporate many forms of communication, including photography, film, music, computers, engraving, designs on t-shirts and digital technology among other forms of media. The most recent act in the UK is the Copyright, Designs and Patents Act 1988. While copyright covers an author’s right to copy, distribute and revise the work, it does not protect ideas – just their fixation or expression. The moment that an idea is fixed or expressed physically, copyright starts and does not have to be registered. In this article, Pippa Smart provides an overview of the legal framework that protects authors and publishers. Jyoti Shah, Commissioning Editor
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Sainsbury, Maree. "What's it Got to Do with Morality? Moral Rights: An Historic and Contemporary Perspective." Media International Australia 114, no. 1 (February 2005): 61–70. http://dx.doi.org/10.1177/1329878x0511400108.
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Australia introduced moral rights legislation in December 2000, giving effect to a doctrine that originated in civil law jurisdictions in the eighteenth century. The rights given effect to in Australia are the right of integrity, which allows the author to prevent derogatory treatment of their work, and the right of attribution, which mandates attribution of the author when the work is reproduced, published or otherwise communicated to the public. There is also the right to prevent false attribution of authorship. This article looks at the historical development of moral rights and examines why such an amendment to the law in Australia was necessary in a contemporary context. It discusses the implications of this amendment for the media and other industries.
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Kerby, Erin E., and Kelli Trei. "Minding the Gap: eBook package purchasing." Collection Building 34, no. 4 (October 5, 2015): 113–18. http://dx.doi.org/10.1108/cb-06-2015-0008.
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Purpose – This study aims to highlight practical considerations to be made when choosing an eBook package for an institution. Many academic libraries purchase eBooks bundled in packages, either as a time- or cost-saving measure or to build a new subject collection. Design/methodology/approach – The authors searched the Web sites of six major publishers for information on eBook packages, including subject coverage, digital rights management restrictions and usage allowances. The analysis also includes a potential overlap between related subject collections and the ability to purchase titles individually. Findings – Usage allowances, digital rights management restrictions and purchasing options vary considerably from publisher to publisher. There was title overlap between related subject packages found in some publishers. In response to user preferences and needs, many publishers are loosening restrictions on their eBook content, which make purchasing packages a more attractive option for libraries. Originality/value – The landscape of eBook publishing is rapidly changing, which can complicate purchasing decisions. The detailed comparison provided by this study can be used to assist collections developers in making purchasing decisions best suited to their library and avoiding pitfalls such as duplicate purchases.
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Perić, Tatjana, and Marina Kovačić. "At the Crossroads: Human Rights of Romani Women in South East Europe." Identities: Journal for Politics, Gender and Culture 4, no. 1-2 (January 1, 2005): 129–62. http://dx.doi.org/10.51151/identities.v4i1-2.151.
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Author(s): Tatjana Perić | Татјана Периќ
Title (English): At the Crossroads: Human Rights of Romani Women in South East Europe
Title (Macedonian): На крстопати: Човековите права на жените Ромки во Југоисточна Европа
Translated by (English to Macedonian): Marina Kovačić | Марина Ковачиќ
Journal Reference: Identities: Journal for Politics, Gender and Culture, Vol. 4, No. 1-2 (Summer - Winter 2005)
Publisher: Research Center in Gender Studies - Skopje and Euro-Balkan Institute
Page Range: 129-162
Page Count: 33
Citation (English): Tatjana Perić, “At the Crossroads: Human Rights of Romani Women in South East Europe,” Identities: Journal for Politics, Gender and Culture, Vol. 4, No. 1-2 (Summer - Winter 2005): 129-162.
Citation (Macedonian): Татјана Периќ, „На крстопати: Човековите права на жените Ромки во Југоисточна Европа“, превод од англиски Марина Ковачиќ, Идентитети: списание за политика, род и култура, т. 4, бр. 1-2 (лето - зима 2005): 129-162.
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Herlambang, Dian. "JURIDICIAL REVIEW OF DISASTER RESPONSE DISPUTES IN THE PUBLISHING AGREEMENT FOR COLLEGE OF." Progressive Law Review 1, no. 01 (November 11, 2019): 20–29. http://dx.doi.org/10.36448/plr.v1i01.5.
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Darmajaya Press as one of the publications in Bandar Lampung which is also a part of university publishing. Settlement of copyright disputes is very necessary to know and do to analyze how to resolve copyright disputes both in terms of moral rights and economic rights and also to answer the application of copyright that occurs in the Darmajaya Press publisher. This type of research is normative legal research. This type of research examines the implementation of positive legal provisions, agreements, contracts factually in legal events that occur. This type of research is descriptive in that this study has the aim to explain clearly and in detail in the legal events that occur. The results of the study indicate that the cooperation agreement between CV. Aura Publishing with IIB Darmajaya there has been a clause on the settlement of copyright disputes which is feared that it will arise in the future, namely by implementing a form of dispute resolution, namely alternative dispute resolution and courts; The application of copyright is carried out through the desire of Darmajaya Press to become a member of IKAPI, and in the agreement made there is a clause must reach 10 book publications, so that currently only 7 titles of ISBN books have been reached. Then the writer (lecturer) who published the book had not made a publishing agreement to guarantee copyright both moral rights and economic rights owned by the author.
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Choi, Young-Chool. "“ANALYSING CORE THEMES AND CO-AUTHOR PATTERNS ON THE CONNECTION BETWEEN INTELLECTUAL PROPERTY RIGHTS AND SOCIAL ENTERPRISES”." Psychology and Education Journal 58, no. 1 (January 21, 2021): 5290–99. http://dx.doi.org/10.17762/pae.v58i1.2084.
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This study focuses on deriving key issues relating to social enterprises and intellectual property rights using text mining methods, and analysing the co-author patterns of researchers working in these fields. For this purpose, the Netminer program was used to analyse journal papers published by Springer Publishing. As a result of the analysis, the research topics relating to social enterprises and intellectual property rights were, by way of a theoretical framework, classified according to nine issues: the management model of social enterprises; social enterprises and NGOs; the supply chain of social enterprises; the impact of social enterprises; environmental changes in social enterprises; social entrepreneurship; social enterprise and education; the social enterprise ecosystem; and social enterprises and NGOs.. These nine key issues represent areas of great importance in terms of business activities that link social enterprises and intellectual property rights. Contrastingly, examination of the co-author patterns of authors discussing social enterprises and intellectual property rights suggests that those employing multi-disciplinary approaches should engage more actively in joint research activities. Though such authors have achieved notable results to date, their engaging more actively in joint research activities should enhance the success of policies linking social enterprises and intellectual property rights.
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Bijl, Jeroen. "VAT, Vouchers, Rights and Payments: The VAT Treatment of Vouchers." EC Tax Review 22, Issue 3 (June 1, 2013): 115–30. http://dx.doi.org/10.54648/ecta2013014.
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In this article, the author examines the phenomenon 'voucher' from a Value Added Tax (VAT) perspective. Recently, the European Commission published a proposal addressing the VAT treatment of vouchers. The proposal contains a number of relatively far-reaching changes to the current system. The author comments on the proposal and provides an alternative approach to solving the VAT issues concerning voucher transactions. In the view of the author, not all measures in the Commission's Proposal are effective or necessary. He takes a step back from the proposal and analyses the relevant VAT issues that characterize voucher transactions: the distribution model, the question whether payment for a voucher is a prepayment, payment for a right to a supply, payment for a right as such or payment of a deposit, whether an exemption applies to voucher transactions, and whether a definition of 'voucher' is necessary. The author applies his findings to three scenario's regarding voucher transactions, demonstrating that all VAT issues can be solved by applying existing VAT rules and CJEU case law. Some specific issues need clarification, but according to the author, this can be done in a Regulation.
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Kamińska-Chełminiak, Kamila. "Cenzura PRL wobec Hańby domowej Jacka Trznadla (1989-1990)." Z Badań nad Książką i Księgozbiorami Historycznymi 12 (December 24, 2018): 345–58. http://dx.doi.org/10.33077/uw.25448730.zbkh.2018.15.
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The aim of the article is to present the scale and nature of censor’s interference in Hańba domowa by Jacek Trznadel and the reconstruction of the long way the author and his publisher were forced to go trying to publish the book without censor’s crossings-out. The book was first published in 1986 by the Literary Institute in Paris (the Biblioteka Kultury series), and several months later by the underground publishing house called „NOWA”. The book had become known even before it was published because of the interview, triggering very conflicting emotions, with Zbigniew Herbert conducted by Trznadel in 1985, which was then included in the publication. In Poland, the book was legally published for the first time right after closing down the Main Office for the Control of the Publications and Public Performances in June 1990. Before the collection of the interviews was legally published, the publisher – „Test” from Lublin – was forced to sue the Regional Office for the Control of the Publications and Public Performances in Lublin and the Main Office for the Control of the Publications and Public Performances in Warsaw, referring to the Supreme Administrative Court.
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Artamonova, Irina. "International arbitration as a means to protect human rights: analysis of the Hague Rules on Business and Human Rights Arbitration." Meždunarodnoe pravosudie 11, no. 3 (2021): 173–87. http://dx.doi.org/10.21128/2226-2059-2021-3-173-187.
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This article analyses the Hague Rules on Business and Human Rights Arbitration that were published in December 2019. The Hague Rules state how arbitration proceedings should resolve disputes arising from the influence of commercial activity in general on human rights. The purpose of the article is to assess the efficiency of the Hague Rules in settling such disputes by examining their features. The first part of the article studies the possibility of referring human rights disputes to international arbitration. In particular, the author examines the current practice of international investment tribunals and specifies the following situations where arbitrators deal with issues of human rights violations: to accept jurisdiction over counterclaims by host states against foreign investors; to interpret and provide guidance for establishing international investment law standards; to reasonably reduce the amount of compensation awarded to foreign investors in the event of violation by the host state. The author also emphasises that the application of the Hague Rules will enable tribunals to fully exercise their jurisdiction over human rights disputes and to examine such disputes on their merits. Having established the general possibility of referring human rights disputes to international arbitration, the author proceeds by analysing certain features of the Hague Rules, and then considering provisions on the importance of collaborative settlement mechanisms, special requirements to arbitrators, culturally appropriate arbitration proceedings, the possibility of bringing multiparty claims, enhanced requirements to the transparency of the arbitration proceedings and other issues. Finally, the author delves into certain challenges that may impede the practical application of the Hague Rules. In particular, such challenges may include: the fact that the Hague Rules do not solve the problem of the companies’ lack of obligations to protect human rights; the problem of enforcing awards taken in accordance with the Hague Rules; the hindered access of individuals to arbitration proceedings. Despite the above challenges, the author concludes that the Hague Rules may become a rather powerful instrument as an additional mechanism to resolve human rights disputes.
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Kostiv, Oleksandr. "Features of the expanded collective management of copyright and (or) related rights objects under the updated legislation of Ukraine." Theory and Practice of Intellectual Property, no. 4 (October 25, 2021): 25–32. http://dx.doi.org/10.33731/42021.243117.
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Keywords: collective management of rights, copyright and related rights, extendedmanagement, organization of collective management, accreditation of the organization,remuneration, revocation of rights
The article examines the features of extended collective management of copyright and (or)related rights, as one of collective management types provided by the updated legislationof Ukraine in the study area. The author points out that the expanded collectivemanagement extends to the entire territory of Ukraine and is carried out on the propertyrights of all right holders in the relevant category in the areas for which the organizationis accredited, including those who have not concluded an agreement onmanagement of copyright and (or) related rights with an accredited organization, regardlessof the method chosen by such right holders to manage their rights.Among the areas of expanded collective management are: public performance ofmusical non-dramatic works with text and without text, including those works thatare included in the audiovisual works; public announcement of musical non-dramaticworks with and without text, including those works that are included in the audiovisualworks, except for cable retransmission; the right to a fair remuneration, commonto performers and producers of phonograms (videograms), for the public performance of phonograms and performances recorded in them or a public demonstration ofvideograms and performances recorded therein, published for commercial use; theright to a fair remuneration common to performers and producers of phonograms(videograms) for the public notification of phonograms and their recorded performances,videograms and fixed performances published for commercial purposes otherthan cable retransmission.Analysing the areas of expanded collective management, the author concludes thatthe position of the legislator in the question of completeness of the list of such areas isright, although the areas themselves, in the author's opinion, are not quite correctlydefined. Agreed that expanded collective management somewhat limits the rights ofthe right holder, the list completeness of its application areas contributes to the clarityof its application and does not create risks of involving other areas by analogy. Theauthor notes that for each area of extended collective management, one accredited organizationis determined in the case of absence of any conflicts of interest between themain category of right holders, in whose interests such an organization operates, andother categories of right holders. The remuneration collection system during extendedcollective management is also analysed by the author.Considerable attention in the study is paid to the issue of legal status and featuresof the additional accredited organization. Determinant in the issue of effective managementof copyright and related rights is the right holder’s right to revoke his rightsfrom an additional accredited organization.
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Юмашев, Юрий, Yuriy Yumashev, Елена Постникова, and Elena Postnikova. "CONTEMPORARY STATE OF GERMAN COPYRIGHT LAW." Journal of Foreign Legislation and Comparative Law 3, no. 3 (July 10, 2017): 54–60. http://dx.doi.org/10.12737/article_593fc343b1df17.24854769.
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This article analyzes the common problems of German copyright law (GCL). The authors begin with the concept of copyright law, emphasizing the personal, absolute and inalienable GCL. It operates on the basis of the so-called “monistic doctrine”, whereby its indivisibility and the creative individuality of the author play a vital role.
Then the authors describe the sources of GCL (first of all, the Basic Law of Germany, the German Law on Copyright and Related Rights, the International Convention on Copyright, the Agreement on trade-related aspects of intellectual property rights (trips) concluded under the World Trade Organization (WTO), and the primary and secondary law of the European Union).
Also there is an analysis of objects of GCL (copyrighted works) and their main elements: personal character, intellectual content, forms, and their perception of others. Original work must be the result of intellectual effort of the author, who is the subject of copyright.
The content of the GCL, the mechanism of its regulation and the scope of its application, including the dates of validity are
analyzed in present article.
Special attention is paid to the peculiarities of copyright and publishing contracts, issues of related rights, as well as a distinctive trait of GCL – the societies for the collective management of copyright and related rights. Also the article addresses civil and criminal penalties for violations of the GCL.
In conclusion the authors noted that the images of historically significant personalities can be published without their consent in a public and justice interests.
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Gearty, Conor. "Terrorism and human rights: a case study in impending legal realities." Legal Studies 19, no. 3 (September 1999): 367–79. http://dx.doi.org/10.1111/j.1748-121x.1999.tb00100.x.
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This article critically appraises the UK government's recently published Consultation Paper on the future of the anti-terrorism laws. The author considers the likely effect of the Human Rights Act 1998 on the impact of any legislation that might flow from the government's proposals. The interaction between human rights law and anti-terrorism legislation provides a useful case study of the likely effects of incorporating the European Convention on Human Rights into domestic law. The author argues that many of these effects have not been anticipated by the drafters of the anti-terrorism proposals, with the result that many of their suggested changes to the law will be vulnerable to legal challenge if not sharply modified before enactment. The author concludes by considering the likelihood that, over time, successive governments will learn to tailor their legislation to the requirements of the Convention, even in the anti-terrorism field, but that in the short-term a period of legislative instability is to be expected.
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Saveski, Zdravko. "Trade Unions, Workers and the Protection of Workers’ Rights: A Vicious Circle with No Escape?" Identities: Journal for Politics, Gender and Culture 11, no. 1 (January 1, 2015): 100–113. http://dx.doi.org/10.51151/identities.v11i1.300.
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The overall problem with the trade unions, workers and protection of the workers’ rights is that the workers wait for the trade unions to defend them, protect them and advance their rights, while the trade unions can not achieve that without the workers’ support. Without their support, not being able to realistically threaten with a sanction, the trade union representatives go to negotiate with the owners with an empty gun, showing weakness that is simply not enough in order to successfully defend and advance workers’ rights. Precisely this inefficiency of the trade unions is a reason enough for the workers to continue distrusting the trade unions. That is how the vicious circle is created.In this analysis we look at the trade unions, then at the workers, we will locate the issues, and in the final part we will offer certain ideas on how to overcome the problem. Actually, the offering of suggested solutions itself is what differentiates the counterproductive pessimistic approach from the pessimistic approach which criticizes in order to improve.
Author(s): Zdravko Saveski
Title (English): Trade Unions, Workers and the Protection of Workers’ Rights: A Vicious Circle with No Escape?
Journal Reference: Identities: Journal for Politics, Gender and Culture, Vol. 11, No. 1 (Summer 2015)
Publisher: Institute of Social Sciences and Humanities – Skopje
Page Range: 100-113
Page Count: 14
Citation (English): Zdravko Saveski, “Trade Unions, Workers and the Protection of Workers’ Rights: A Vicious Circle with No Escape?,” Identities: Journal for Politics, Gender and Culture, Vol. 11, No. 1 (Summer 2015): 100-113.
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Prasetyo, Hery. "Book Review: Editor: Al Khanif and Dina Tsalist Wildana ; Title: Kebebasan Beragama atau Berkeyakinan di Indonesia; Publisher: Intrans Publishing, 2020." Journal of Southeast Asian Human Rights 5, no. 1 (June 29, 2021): 84. http://dx.doi.org/10.19184/jseahr.v5i1.24891.
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The book entitled “Kebebasan Beragama atau Berkeyakinan di Indonesia: Perspektif Filosofis, Hukum dan Politik” explains the complexity of the rights of adherents of religion or beliefs in the era of democracy in Indonesia. What is important to note is whether there is freedom of religion or belief in Indonesia. Social scientists may find it difficult to determine the dimensions of freedom and obedience because in philosophy, for example, freedom and obedience are often contradicted as part of the existentiality of thought. However, in practice, especially in the context of the life of a nation-state, the discourse of freedom and obedience requires theoretical and empirical exploration to form a multicultural society. In this corridor, editors and book writers spread their knowledge as intellectuals and also as a form of taking sides on human rights issues. However, sociologically it should be noted that freedom is not a fixed social condition. The dynamics that accompany the emergence of religious adherents should be of public interest so that the knowledge of civil society are filled with emancipatory spirit. Yet in reality, the author actually finds the opposite condition, where the prerequisites for creating multiculturalism are far from democratic principles. Freedom is still framed legally formally and contradicted as if there is only one absolute truth. In this case, the argument that multiculturalism is a value worth fighting for actually becomes a barrier because diction has lost its supporting power. Not only because religious sentiment has developed into identity politics but also turned into a different imagination about Indonesia. Of course, the presence of this book is not intended to eliminate the current problems or even to emphasize the channels of difference. On the other hand, reading this book is a challenge to revive the spirit of multiculturalism with a frame of freedom that is a shared responsibility.
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Ashkani-Esfahani, Soheil. "GMJ Adopts New Copyright Policy and Provides Language Services for the Authors." Galen Medical Journal 3, no. 1 (February 18, 2014): 1. http://dx.doi.org/10.31661/gmj.v3i1.231.
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After having a discussion on copyright rights and the rules in Galen medical journal, the Editorial board of GMJ decided that a small medical journal has no need to hold the copyright, though transferring the copyright to the publisher is still a common inquiry in many journals. GMJ wants nothing more than being able to publish articles at first and nothing more. In this regard, the GMJ has changed its copyright policy. We believe this alteration is more author-friendly and could result in further dissemination of knowledge in part, because it lets readers to freely explore within the published papers and data.From January 2013, authors will retain the copyright and will only be asked to grant us the right to be the first to publish their article. The new copyright policy is as follows; these are now included in our Instructions for Authors: Authors who publish with The GMJ agree to the following terms: a. Authors retain copyright and grant The GMJ the exclusive license and right of first publication with the work simultaneously licensed under a Creative Commons Attribution-Noncommercial License (http://creativecommons.org/ licenses/by-nc/3.0/), which allows the work to be freely used, distributed, and built upon for non-commercial reasons, as long as proper attribution to the work's authorship and initial publication in the GMJ is given.b. Authors are permitted to distribute the GMJ's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in the GMJ. Language services for the authorsSince we have had many linguistic problems with the articles which are submitted by many of our authors, we decided to provide language services for instructing and editing of the papers submitted in the GMJ. In this regard, our language editors are prepared to give a hand to the submitters who are not able to provide a good and acceptable language editing for their manuscripts. Obviously this will cost the authors but we tried to have cost-benefit offers since our main goal is to improve the quality of our papers and shorten the peer review duration rather than the economical purposes. Authors can email their paper’s editor and ask for the service and receive the forms for Language services including editing, translating, and scientific preparations. The Editorial Board has tried to make the policies and instructions for authors simple and clear and is looking forward to a better and more successful future, thanks to our authors, readers, and reviewers.
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Mironova, Iryna. "Struggle for Legal Women’s Rights in Russian Empire (second half of the 19th and the beginning of the 20th century)." Universum Historiae et Archeologiae 2, no. 2 (October 10, 2020): 163. http://dx.doi.org/10.15421/26190211.
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The article goal – showing struggle for legal women’s rights in A. Koni and others legal profession, including work in advocacy institutions in the Russian Empire in second half of XIX – beginning of XX century. Methods of research: modernization and gender history. The main results. In article author establish that the Russian Empire society in the end of XIX – beginning of XX century matured till understanding the equality principle of women and men role in social affairs, their leveling in property rights and in professional activities. Despite of lawyers struggle for women rights in conditions of autocracy were tiny (only the woman question discussion in press) it shows to empire power opposition from lawyers’ side and to society – necessity of changes in women’s legal status. The originality. Author uses memoirs and speeches of famous judge, member of State Council of the Russian Empire A. Koni and articles of leading lawyers, which were published in such newspapers as “Law”, “Law Herald”, “News of Jury and Trusted Council”. Scientific novelty: at the first time article describes the main issues about struggle for legal women’s rights, namely: attitude toward women in general and in legal cases; widening personal and property rights of women; giving them access to higher law education and possibility to apply it in their professional activity. Type of the article: descriptive and analytical. In article author insist that one of the first men, who outline the woman question and started to debate about widening legal women’s rights, was A. Koni. His activity was supported by famous scientists, lawyers, advocates such as D. Stasov, V. Spasovych, V. Nabokov, P. Liublinskiy, I. Foynytskiy, V. Sluchevskiy, and S. Shelukhin. A. Koni achieved particular regulation of widening property rights for women. In struggle for allowing advocacy practice for women author point out 2 stages, during its women tried to hold an appointment as private jury. Author notes first women-advocates in the Russian Empire and Ukraine, for example: E. Kozmina, K. Fleyshyts, L. Ginsburg, and O. Yaroshevska. Author determines that problems in female advocacy in Russian Empire were the same, as problems in Western Europe and USA. Question about allowing women to be advocates and notaries in Russia and Ukraine weren’t decided till 1917.
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Ballantyne, Neil. "Putting human rights at the heart of social work practice." Aotearoa New Zealand Social Work 31, no. 4 (December 22, 2019): 84–89. http://dx.doi.org/10.11157/anzswj-vol31iss4id672.
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This commentary was published by the Aotearoa New Zealand Association of Social Workers (ANZASW) on the occasion of International Human Rights Day, 10 December 2019. ANZASW invited the author to respond to several questions on the topic of human rights. In 2019, Neil was the inaugural winner of the John Fry Memorial Supreme Award for Quality and Innovation in Social Work for his work as a Palestinian human rights defender. The article is structured in a question and response format.
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محمود, محمود. ""الحماية المدنية لحق المؤلف في اطار البيئة الرقمية "دراسة تحليلية في القانون العراقي." Al-Kitab Journal for Human Sciences 1, no. 2 (October 4, 2020): 213–33. http://dx.doi.org/10.32441/kjhs.01.02.p17.
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The extensive technological developments have imposed a new reality to be dealt with particularly in the fields of modern communications, like the Internet. According and encounter then legally rights of individuals have been in fringed more particularly, the right of authors in the Framework of the Digital Environment. As it is known that electronic publishing has achieved many advantages as the easiness in publishing and the fast spread around the world decreasing of the value of publishing costs when compared with the traditional publishing. In spite of that, the electronic publishing has contributed to decreasing the legal protection granted for the authors in the framework digital environment due to the emergence of technical measures that nullify all the means of protecting author’s literature. For this reason, it is necessary to make a study concerned with evaluating the civil protection for the published literature in the framework of the digital environment, in the law of protection the right of Iraqi author through an analytical study which aims at investigating: the effectiveness of the machinery taken in order to protect the right of the Iraqi authors by dealing with the protection, on the one hand, and the civil means available to protect the published literature in the digital environment, on the other.
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Pereira, Elsa. "Edições portuguesas das obras de Casimiro de Abreu." Navegações 9, no. 2 (April 26, 2017): 128. http://dx.doi.org/10.15448/1983-4276.2016.2.23700.
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Em 1856, com apenas dezassete anos de idade, o escritor brasileiro Casimiro de Abreu firmou em Lisboa um contrato de edição, cedendo ao editor Fernandes Lopes os direitos do drama Camões e o Jau, bem como a reedição das poesias que pretendia levar à estampa no Brasil. Após a morte do poeta, sucederam-se em Portugal as reedições d’ As Primaveras, não só pela mão do impressor lisboeta que assinara o contrato (1864, 1867), mas também por iniciativa de outros editores que, entre 1866 e 1948, publicaram consecutivas edições acrescentadas do livro. Ostentando a designação de “Obras Completas”, algumas destas edições passaram a adotar, a partir de 1871, uma nova disposição dos textos, conforme proposta por Joaquim Norberto, no volume da Garnier que pretendeu reunir a totalidade da produção casimiriana.********************************************************************Portuguese editions of Casimiro de Abreu’s worksAbstract: In 1856, the 17-year-old Brazilian author Casimiro de Abreu signed a publishing contract with the Portuguese publisher Fernandes Lopes in Lisbon. This agreement assigned publishing rights for the drama Camões e o Jau, as well as the republication of Abreu’s poetry, which was intended to be done in Brazil. After the poet’s death, several editions of As Primaveras were printed in Portugal, not only by the publisher that signed the contract (1864, 1867), but also by other book printers, who illegally published several augmented editions of the book, between 1866 and 1948. Identified as "Complete Works", some of these editions have adopted a new disposition of the texts, as proposed by Joaquim Norberto in the Garnier’s 1870 volume, which intended to collect Casimiro de Abreu’s opera omnia.Keywords: editions; Portugal; copyright; Casimiro; Abreu.
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KOLESNIKOV, D. A. "THE ROLE OF PRACTICE OF CONSTITUTIONAL (CHARTER) COURTS OF CONSTITUENT ENTITIES OF THE RUSSIAN FEDERATION IN PROTECTION AND DEVELOPMENT OF SOCIAL RIGHTS OF A MAN AND CITIZEN." Actual Problems of Russian Law, no. 5 (June 18, 2019): 60–68. http://dx.doi.org/10.17803/1994-1471.2019.102.5.060-068.
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The article highlights the activities of the constitutional (charter) courts of the constituent entities of the Russian Federation concerning the protection of social rights of citizens and their role in the mechanism of protection of these rights. The author provides examples from judicial practice on the issues of their respect, implementation and interpretation. Attention is paid to extra-procedural activities of constitutional (charter) courts and their contribution to the development and improvement of the theory of social rights, social norms of law, including through published and declared messages. The author focuses on their positive role in strengthening the constitutional legality and the principles of the Social State. The paper contains the statistical data concerning the consideration of cases, namely the ratio between court decisions on issues of social rights and the total number of final court acts (on the example of the constitutional courts the Volga Federal District). A number of key problems of regional constitutional proceedings are highlighted, including implementation (enforceability) of decisions of constitutional (charter) courts affecting social rights of citizens.
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Ivanova, Maiia. "Issues of state registration of intellectual property rights in the activities of libraries." Вісник Книжкової палати, no. 7 (July 29, 2020): 24–29. http://dx.doi.org/10.36273/2076-9555.2020.7(288).24-29.
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The article outlines that librarians can create copyrighted works in the course of their duties. It is stated that the copyright to a work arises due to the fact of its creation; the copyright personal non-property right to the work belongs to its author, and the property right to the work, depending on the circumstances of creation may belong both to the author and, when creating official works, to the employer-library. Emphasized that libraries have created the right to protection of intellectual property. The creation and exercise of copyright does not require registration of the work or any other special design, as well as the implementation of any other formalities. It is substantiated that the state registration of copyright will give the subjects of property rights the opportunity to provide evidence of the ownership of the rights in case of disputes. The presence of a certificate of registration of copyright is a document that certifies the right of ownership of the work and allows: to confirm this right in case of misuse; enter the object of copyright in the authorized capital of the enterprise, institution, organization; decide and prohibit the use, receive appropriate remuneration; enter into agreements on the transfer of copyright, on the disposal of copyright, license agreements. Necessary documents for state registration of copyright to a work (application, copy of work) (published or unpublished) in material form, a document certifying the fact and date of publication of the work, in case of registration of copyright to an official work — an agreement on the distribution of property rights official work, other documents), requirements for copies of works submitted for registration, terms of consideration of applications for registration of copyright, the procedure for issuing the Certificate and its registration.
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Vitiello, Giuseppe. "The Economic Foundation of Library Copyright Strategies in Europe." LIBER Quarterly: The Journal of the Association of European Research Libraries 31, no. 1 (March 1, 2021): 1–40. http://dx.doi.org/10.18352/lq.10369.
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The author critically examines the evolution of open access libraries from the TULIP project (1991) to more recent developments. At the same time, he emphasises the role of libraries as key agents of national book policies through Public Lending Rights. After having shown the difference between the scholarly communication and the book chains, both in printed and digital form, the author points to the position that libraries hold on the distribution segment of the chains and how they are unable to turn power relations among actors to their own advantage.
If content if king, organisations distributing content are normally king-makers, as the example of STM publishers clearly shows. Nevertheless, fragmentation and the assumption that what is good for libraries is also good for users do not allow libraries to understand the needs of the different stakeholders present in the value chain and provide appropriate services to them. This aspect is emphasised further in the book trade, where libraries have been hesitant in realising the economic foundation of copyright regulations which consists of trading off “the costs of limiting access to a work against the benefits of providing incentives to create the work in the first place” (Landes & Posner).
After having examined library copyright strategies both in the book trade and in scholarly communication with a thorough discussion on (e-)lending and controlled digital lending, the author claims that copyright regulations are not written in the sky but on a solid foundation of economic forces which shape the book and information chains. Libraries’ strategies should aim to reinforce their relevance in the distribution segment and demonstrate their ability to provide services to all actors in the value chain. This role should also impact on the normalisation of library-publisher relations.
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UTI, Frank. "The Need to Imbibe Fair Use Doctrine on Illustrations among Graphic Artists in Nigeria." International Journal of Technology and Systems 6, no. 1 (December 30, 2021): 36–48. http://dx.doi.org/10.47604/ijts.1477.
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This study in it’s opinion looks at the Nigerian graphic artists and their copies attitude of illustrations, downloaded from the internet or copied from magazines. Which come in total disregard to the doctrines of fair use. Fair use tries in its entirety to strike appropriate balance between authors and publishers on one hand and users and consumers at the other. Fair use considers four weighing balance, which are, nature of these use, nature of the work, extent of use and its economic effect. These the Nigerian graphic artist does not consider. This inconsideration may be coming from uncertainties of the artists, publishers, and users on criticisms of the fair use doctrine, that fair use was amouphous vague and difficult to apply. The intellectual property of the first author must not be taken for granted, this spells out originality. However, the dual-grant theory as proposed by Bell and Pernhomysky, (2016), see’s the limitation of the author and the limitless users, the public; that the author must be encouraged to do more, by profiting in his work, and there should efficient use of work by users. They write that as more rights are given to users, the more it curbs the right of authors. By simple observation it has been noticed that most Nigerian graphic artist do not care about the authors and therefore, we find copied illustration on posters, flex banners and sometimes on billboards on streets in Nigeria. This must be brought to note and policy makers should take steps to avert this copious attitude that might lead to litigations. From these submissions, it was recommended that teachers should insist on where or how illustrations are generated, copied illustration must be acknowledge and seminars, workshops must organized for all lecturers and graphic artist.
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Blokhin, Pavel. "Spoilers as a form of abuse of power." Sravnitel noe konstitucionnoe obozrenie 30, no. 1 (2021): 47–58. http://dx.doi.org/10.21128/1812-7126-2021-1-47-58.
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In the article the author specifies some general theoretical approaches to the concept of abuse of power, which were outlined by him earlier in his article «Abuse of Rights and Abuse of Power: To the Formation of a Unified Doctrine» published in one of the issues of this journal. In the introduction, the author proposes the concept of spoilers as a form of abuse and defines it in a following way: a participation of representatives of public authorities in the distribution of limited resources, which has the sole purpose of hindering (blocking) the exercise by citizens of their right to free expression of opinion (Article 29) and the right to participate in the life of the state (Part 1 of Article 32) and which is therefore unacceptable within the meaning of Article 18 of the Constitution of the Russian Federation. The main part of the article discusses possible illustrations of spoilers in the following areas of legal relations: the organization of public assemblies (including in single specially designated places), participation in public hearings (in particular, on the adoption and amendment of land use rules), initiation of a federal referendum (namely, challenging the decision of the election commission to register a regional subgroup of the initiative group). Finally, in the last part of the work, the author briefly examines possible models of legal regulation of countering abuse of power, and also warns against uncritical (politicized) use of this category, since this, in turn, may be fraught with violations of citizens' rights. According to the author, among such models are ex ante mechanisms (amending the current legislation and construing the norm in a constitutionally biding manner) and ex post mechanisms (application of the principle of inadmissibility of abuse of power by a court of general jurisdiction when considering a specific dispute), each of which has its advantages and disadvantages.
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Holmes IV, Oscar. "For diversity scholars who have considered activism when scholarship isn’t enough!" Equality, Diversity and Inclusion: An International Journal 38, no. 6 (August 19, 2019): 668–75. http://dx.doi.org/10.1108/edi-08-2017-0170.
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Purpose The paper is the abridged text of the author’s opening keynote address given on June 28, 2017 at the 10th Annual Equality Diversity Inclusion Conference hosted at Brunel University (London, UK). The conference theme was Borders. The paper aims to discuss this issue. Design/methodology/approach The address was given orally accompanied with slides that included pictures and quotes of referenced authors and works, websites, memes and various civil rights events. The address interwove personal experiences, published research, social movement strategies and current events and social issues. A brief question and answer period followed the address. Findings The address made the case that while scholarship is important, diversity scholars need to do more than publish scholarship but also engage in activism. In fact, the author argued that history has informed us that scholarship has never been enough to produce significant civil rights advancements. Originality/value Toward this end, the author provides three action steps that diversity scholars can take to engage in activism that produces results: translate research for the general public; partner with activist groups, and call out respectability politics and false equivalencies.
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Timoshenko, I. V. "Digital access rights management in the information systems of e-libraries and digital archives." Scientific and Technical Libraries, no. 11 (December 30, 2021): 85–104. http://dx.doi.org/10.33186/1027-3689-2021-11-85-104.
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The author reviews the basic types of digital document content protection from unauthorized access and dissemination applied by publishers and book trading companies. The principles of digital rights management (DRM) while accessing digital documents. The author suggests that DRM systems are efficient to be applied to certain types and formats of digital documents in libraries and archives. He also reviews several commercial solutions for DRM-systems plied to the most popular PDF-format and substantiates the importance of DRM-systems standardization for digital document friendliness both for the users and rights holders disseminating digital publications. Existing and newly introduced international standards for DRM-systems are discussed. The typology of digital rights protection software as provided for by the standards is presented along with regulated DRM-system features based on data coding. Readium project by international non-profit Readium Foundation exemplifies standard approach to DRM-system design. The project goal is to develop software modules to integrate standard DRM-technology into computer information systems including ALIS.
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Sandel, Michael J. "Remembering Rawls." Tocqueville Review 43, no. 1 (June 1, 2022): 17–20. http://dx.doi.org/10.3138/ttr.43.1.17.
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A few days after the death of John Rawls in 2002, Michael Sandel published this tribute to the author of A Theory of Justice. In particular, he reminds us that Rawls revived political theory by showing that it was possible to argue rationally about justice, rights, and political obligation. According to Rawls’s liberal egalitarianism rights cannot be based on utilitarian principles. This break point inspired a new generation to take up classic questions of morality and politics.
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Dobson-Mack, Anne. "Independent Immigrant Selection Criteria and Equality Rights : Discretion, Discrimination and Due Process." Les Cahiers de droit 34, no. 2 (April 12, 2005): 549–72. http://dx.doi.org/10.7202/043221ar.
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This article is a response to Walter Chi Yan Tom's « Equality Rights in the Federal Independent Immigrant Selection Criteria », published in 1990 in this journal, in which it is asserted that the federal independent immigrant selection criteria are discriminatory within the meaning ofs. 15 of the Charter and are not demonstrably justified according to s. 1. The author argues that Tom badly distorts the section 15 meaning of discrimination when he equates the discretion and drawing of distinctions, which are part of the administrative decision-making process by which independent immigrants are selected, with section 15 discrimination. The article also addresses the conflict between State sovereignty and the sovereignty of universal legal principles, a conflict which is raised in Tom's article. Finally, the author examines the ways in which standing rights have been used by the courts in immigration decisions to avoid dealing with substantive Charter issues, and criticizes the lack of rationality and coherence in the assignment of due process rights to different classes of nonnationals under current immigration law.
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Singh, Pratichi, Deepak Yadav, Pooja Thakur, Jitendra Pandey, and Ram Prasad. "Correction to: Studies on H2-Assisted Liquefied Petroleum Gas Reduction of NO over Ag/Al2O3 Catalyst." Bulletin of Chemical Reaction Engineering & Catalysis 15, no. 2 (April 29, 2020): 603. http://dx.doi.org/10.9767/bcrec.15.2.7659.603-603.
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Correction to: Bulletin of Chemical Reaction Engineering & Catalysis (2018), 13 (2): 227-235 (doi:10.9767/bcrec.13.2.1307.227-235)An error appeared in Corresponding Author in a paper entitled “Studies on H2-Assisted Liquefied Petroleum Gas Reduction of NO over Ag/Al2O3 Catalyst” published in Bulletin of Chemical Reaction Engineering & Catalysis. The Corresponding Author is corrected to be:* Corresponding Authors. Tel: +919415268192. Email: rprasad.che@itbhu.ac.in (R. Prasad) Tel: +917505072607. Email: dyadav.rs.che13@iitbhu.ac.in (D. Yadav)——————The original article can be found online at: https://doi.org/10.9767/bcrec.13.2.1307.227-235——————Copyright © 2020 BCREC Group. All rights reservedHow to Cite: Singh, P., Yadav, D., Thakur, P., Pandey, J., Prasad, R. (2020). Correction to: Studies on H2-Assisted Liquefied Petroleum Gas Reduction of NO over Ag/Al2O3 Catalyst. Bulletin of Chemical Reaction Engineering & Catalysis, 15 (2): 603-603 (doi:10.9767/bcrec.15.2.7659.603-603)Permalink/DOI: https://doi.org/10.9767/bcrec.15.2.7659.603-603
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Goertzen, Melissa. "Mixed Method Study Examines Undergraduate Student Researchers’ Knowledge and Perceptions About Scholarly Communication Practices." Evidence Based Library and Information Practice 12, no. 3 (September 18, 2017): 159. http://dx.doi.org/10.18438/b85w9p.
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A Review of:
Riehle, C. F., & Hensley, M. K. (2017). What do undergraduate students know about scholarly communication?: A mixed methods study. Portal: Libraries and the Academy, 17(1), 145–178. http://dx.doi.org/10.1353/pla.2017.0009
Abstract
Objective – To examine undergraduate student researchers’ perception and understanding of scholarly communication practices and issues.
Design – Mixed method study involving a survey and semi-structured interviews.
Setting – Two major undergraduate universities in the Midwest region of the United States.
Subjects – Undergraduate students who participated in or had completed undergraduate research experiences with faculty mentors.
Method – The method was first approved by Institutional Review Board offices at both campuses involved in the study. Then, students received invitations to participate in a survey via email (Campus 1 = 221 students; Campus 2 = 345 students). Identical online surveys ran separately on each campus; both remained open for a period of three weeks. All respondents received a reminder email one week before the survey closed.
Participants answered twelve questions related to demographics and scholarly communication practices. The survey examined knowledge and experience across five areas: the peer review process, author and publisher rights, publication and access models, impact of research, and data management. All students who completed the survey were entered in a drawing for a $50 Amazon card. The response rates were 34.8% (Campus 1) and 18.6% (Campus 2).
Surveys on both campuses were administered using different software: campus 1 utilized Qualtrics survey software while campus 2 used an institution-specific survey software. Data sets were normed and merged later in the study to enable comparison and identify broad themes.
Survey respondents were also invited to participate in a 15 to 20 minute follow-up interview and were compensated with a $20 Amazon gift card. The interviews consisted of four open-ended questions that further examined students’ knowledge of scholarly communication practices. The researchers coded interview transcripts and identified themes. Qualitative software was used to analyze the surveys and assess coder agreement. Finally, connections and anomalies between survey and interview results were explored.
Main Results – Quantitative and qualitative data collected during the study indicate that students were most confident in their understanding of the peer-review process and data management but felt less confident in their knowledge of author and publisher rights, publication and access models, and determining the impact of scholarly research publication. In addition, they value instruction related to scholarly communication topics like the peer-review process, publication models, and data management. However, few students feel confident in their current level of knowledge or ability surrounding the previously mentioned topics. Study findings suggest that this knowledge gap is based on a lack of training or discussion of scholarly communication topics in relation to students’ research activities.
Results also suggest that undergraduate students have difficulty articulating their rights as authors and their scholarly communication practices. In many cases, skill sets like data management are learned through trial and error while students progress through the research process. In some cases, faculty mentors have misperceptions and assumptions about undergraduate students’ knowledge and abilities regarding scholarly communication practices. This can create challenges for undergraduate students as they attempt to make informed decisions about research activities based on a limited foundation of experience or information.
Finally, results indicate that undergraduate student researchers do not currently view the library as a place to learn about scholarly communication practices. The authors suggest that by forming strategic relationships with undergraduate research program directors, faculty, and graduate student mentors, librarians are in a prime position to incorporate scholarly communication practices into information literacy sessions or provide point-of-need coaching.
Conclusion – The researchers conclude that academic libraries are in a unique position to support overarching research, teaching, and learning goals within the academic community. By developing programs that support information literacy and scholarly communication, libraries demonstrate value and align goals with teaching and learning priorities within the higher education community as a whole. Through this work, librarians support students as knowledge creators and advocate for training that emphasizes data literacy, copyright and authors’ rights, and the impact of research within specific disciplines.
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Phiri, Siphethile. "Companies and the Constitutional ‘Right to Life’: A Critical Analysis of the Companies Act 71 of 2008." Mediterranean Journal of Social Sciences 12, no. 6 (November 5, 2021): 107. http://dx.doi.org/10.36941/mjss-2021-0061.
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Corporate law is founded on the fictitious principle of the separate legal personality of a company. This principle entails that a company is a juristic person, separate and distinct from any persons involved with the company. Because of their juristic nature, companies can acquire rights and incur liabilities in their own capacity. This corporate-law principle is rooted in section 8(4) of the Constitution of the Republic of South Africa, 1996 (hereafter the Constitution) which expressly provides the Bill of Rights applies to juristic persons subject to the stated considerations. The fact that companies as juristic persons, similar to natural persons, are entitled to the rights and freedoms contained in the Bill of Rights reveals that the Constitution recognises companies as ‘persons’. In this light, the article investigates how the Companies Act 71 of 2008 (hereafter the Companies Act) has embraced the constitutional right to life of companies as juristic persons as provided for in section 11 of the Constitution. To achieve this aim, the author applies the doctrinal legal research methodology – a legal research model which entails an examination of so-called ‘black-latter law’ with the Companies Act being the principal instrument. The results show that, although companies to do not enjoy the right to life in the same manner as natural persons, the literature examined reveals that the Companies Act recognises company’s constitutional right to ‘life’. In many instances, the right to continued existence of companies is promoted in various ways, including the introduction of the novel concept of business rescue by the Companies Act as a way of promoting the right to ‘life’ of companies.
Received: 20 August 2021 / Accepted: 7 October 2021 / Published: 5 November 2021
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Teremetskyi, V. І., and A. I. Sadovenko. "Administrative and Legal Protection of the Rights of Cosmetological Services’ Consumers." Bulletin of Kharkiv National University of Internal Affairs 91, no. 4 (December 20, 2020): 213–25. http://dx.doi.org/10.32631/v.2020.4.20.
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The purpose of the study is to define the concept and content of administrative and legal protection of the rights of consumers of cosmetological services, as well as to develop propositions to improve domestic legislation in this area.
The violation of the rights of consumers of cosmetological services and cosmetic products has been analyzed. On this basis the author has concluded that there is no effective system of protection of their rights.
The authors have formulated own definition of the term of “administrative and legal protection of the rights of consumers of cosmetological services”. It has been established that the object of administrative and legal protection is the violated rights and interests of consumers of cosmetological services. Elements of administrative and legal mechanism of the protection of the rights of consumers of cosmetological services have been singled out, which include administrative and legal norms, subjects endowed with relevant administrative powers in the field of protection of the rights of consumers of cosmetological services, means, measures and procedural actions aimed at restoring violated rights of cosmetological services’ consumers, as well as administrative liability.
The authors have elaborated propositions for improving regulatory acts regulating the production and circulation of cosmetic products and regulating the provision of services in Ukraine. The expediency of making changes to the Handbook of Qualification Characteristics of Occupations of Employees, approved by the order of the Ministry of Health of Ukraine dated from March 29, 2002 No. 117, by providing the profession of cosmetologist and developing appropriate qualification requirements for this profession. It has been offered to update the industry standard of Ukraine GSTU 201-05-97 “Services of a Cosmetologist. General Technical Conditions” and State Sanitary Rules and Norms 2.2.9.027-99.
In order to bring cosmetic products produced and used on the domestic market in accordance with the requirements of international standards, it has been offered to approve the draft Technical Regulations for cosmetic products, published by the Ministry of Health of Ukraine on the official website.
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Akbulut, Olgun. "A Critical Analysis of Current Legal Developments on the Political Participation of Minorities in Turkey." International Journal on Minority and Group Rights 17, no. 4 (2010): 551–60. http://dx.doi.org/10.1163/157181110x531439.
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AbstractThis is a follow-up article to the one published in the IJMGR half a decade ago (Vol. 12, 2005). Although there have been domestic and international legal cases that are directly concerned with the political participation of minorities in Turkey, few improvements have been made in law covering the subject. This encouraged this author to analyse and criticise the judgements of the European Court of Human Rights and the legal and political actors at domestic level. The aim of this article is to reflect upon how international human rights monitoring affects national laws in certain thorny issues such as the rights of minorities. Since the current and previous articles have a common theme and complement each other, I strongly recommend reading both articles.
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Rautenbach, Christa. "EDITORIAL." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 19 (June 13, 2016): 1. http://dx.doi.org/10.17159/1727-3781/2016/v19i0a1287.
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EDITORIALWhen PER (acronym for the Afrikaans journal title Potchefstroomse Elektroniese Regstydskrif, but also suggesting the Latin connotations of causation, durability and facilitation) first appeared in November 1998, there was an awareness of the incongruity of the notion of a law journal not being published in tangible form by an established law publisher on the one hand, and on the other of the inevitability of things to come. The editorial stated:"In this era of an unstoppable increase in information on offer and improved means of communication, it is inevitable that the exchange of juristic ideas should develop and escalate electronically, by internet. A problem already challenging the time starved legal user of the electronic medium, is to separate the wheat from the chaff. For many people it is relatively easy to publish something on the Web. It is, however, just as demanding to produce quality in this manner as through any other medium, be it primitive or avant garde."From the outset the Potchefstroomse Elektroniese Regstydskrif (PER) / Potchefstroom Electronic Law Journal (PELJ) was focused on maintaining high editorial standards, producing material for legal scholars worth reading. Probably still the most widely cited contribution to PER/PELJ (on Ubuntu by Justice Yvonne Mokgoro) appeared in the first volume. Papers delivered (referred to as orationes) by prominent scholars and judges are often published in PER/PELJ, and double-blind peer review practices are maintained throughout, except for the orationes.From time to time guest editors are invited to produce single or special editions. Renowned South African and foreign scholars are regularly approached to review submissions to PER/PELJ, and the editorial board is composed of prominent internationally recognised academics and judges.Since 2003, PER/PELJ has taken its place among a range of renowned internationally accredited journals, currently listed and indexed inter alia by IBSS, DOAJ, SSRN, AJOL, Boloka, SciELO, HeinOnline, and Web of Knowledge.In 2016, PER/PELJ migrated to this online journal system, and contributions accepted for publication are now published continuously as soon as the finally edited version becomes available.We are entirely grateful to our authors, reviewers and readers who have always believed in the scholarly quality of the contributions. You have been instrumental in the phenomenal growth of the journal over the last 18 years.We are proud to announce the first contribution of 2016 entitled “Remedial Principles and Meaningful Engagement in Education Rights Disputes” by the renowned author, Sandy Liebenberg, who is a distinguished professor and HF Oppenheimer Chair in Human Rights Law, University of Stellenbosch, South Africa.Editor-in-Chief: Christa RautenbachandFounding Editor: Francois Venter
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Babenko, V., and K. Davydenko. "COPYRIGHT FOR THE PROJECT IN ARCHITECTURAL COMPETITIONS." Ukrainian Journal of Civil Engineering and Architecture, no. 1 (June 24, 2021): 26–35. http://dx.doi.org/10.30838/j.bpsacea.2312.230221.26.714.
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Problem statement. Works of architecture, as objects of copyright, is one of the key industries on which the economies of the countries of the modern world are based. The importance of architectural activity for the harmonious development of society is unquestioning, both from the point of view of the development of projects and the creation of structures, the cultural value of which is of a spiritual nature, and due to the functional value of architecture, includes aesthetic, social and everyday components. Copyright in architectural works is an important form of protecting and enforcing the rights of architects and neglect of this right usually leads to litigation. There is a problem of awareness of copyright issues in Ukraine, both in architectural projects and in many aspects of architectural activities, in particular, the observance of the copyright of architects when their architectural projects participate in architectural competitions.
The main objective. Research of architectural works submitted to competitions as objects of intellectual property rights, study and generalization of existing rules of participation of architectural projects in architectural competitions, legality of their use by competition customers and observance of copyrights of architects, including students and masters of architecture.
Conclusions. The participation of architects in architectural competitions is an extremely important issue due to the copyright of both experienced and young architects, especially if the participants in the competition are students of architectural and construction universities. The complex of copyright on the result of his creative activity in the field of architecture arises from the moment of creation of the work (including the project), regardless of whether it was completed and published or not. After the implementation of the project, the author's rights to constructed buildings, structures and other works as objects of copyright also belong to the author, if they were not transferred under the contract, as well as taking into account the law on rights to objects created by the employment contract and to order. The copyright for the project belongs exclusively to the author (authors) and is protected in accordance with the Laws of Ukraine. As we can see, the judicial and legislative systems of Ukraine allow an architect (or other copyright owner) to protect his project and rights to it, to punish those who encroach on someone else's intellectual property and to bring violators to justice. Legal protection is equal for all participants of the competition and can help young architects not only to gain experience in project development, at different stages of the competition, but also in case of victory, to further participate in its implementation, subject to compliance with the rules and conditions.
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Assumpção, Everson Alexandre de. "The Case Fontevecchia and D’amico Against Argentina." REVISTA INTERNACIONAL CONSINTER DE DIREITO 12, no. 12 (June 30, 2021): 179–90. http://dx.doi.org/10.19135/revista.consinter.00012.07.
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This scientific article was based on a case study, judged by the Argentine Supreme Court. In this process, the author filed a civil action in the civil court to compensate the damage against the authors, understanding that the right to privacy, privacy, honor and image rights were violated. The article sought to analyze the collision of principles, rules, rights and jurisprudence that led the Inter-American Court of Human Rights to rule in favor of Jorge Fontevecchia and Heitor D’amico. These were condemned by the Argentine State for understanding that there was a violation of the Right to Privacy. However, the international court decided to revoke the judgment passed and judged by the Supreme Court of the Argentine Nation, understanding that Fontevechia and D’amigo did not violate the Right to Freedom of Expression, making the action illegal and, therefore, forcing the Argentine State to withdraw the action and also to promote the due reparation of the damages caused to the. On February 14, 2017, the Argentine State rejected the decision of the Inter-American Court, transforming this case into one of the most famous “leading cases” of Argentine international public law. Finally, on October 18, 2017, the International Court issued another resolution to render the sentence in the Fontevecchia y D’Amico case ineffective. It was concluded, therefore, that even with the Argentine constitutional reform of 1994 and the granting of a constitutional hierarchy to international human rights standards, it was defined that the rules of international treaties “do not derogate from the provisions of the first part of the Argentine Constitution” under the terms of article 75, item 22, but attributed to the international treaties a character of complementarity, in addition to the prohibition, provided for in article 27 of the Vienna Convention on the Law of Treaties, to invoke reasons of domestic law for non-compliance in order to comply with international obligations. For the preparation of this scientific article, the deductive method and qualitative and descriptive research were used. As bibliographic references were used published materials, scientific literature, Law and Jurisprudence that were relevant to the purposes discussed here.
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Rolim, João Dácio. "Proportionality and Fair Taxation." Intertax 43, Issue 5 (May 1, 2015): 405–9. http://dx.doi.org/10.54648/taxi2015035.
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This article is a summary of the findings of the book Proportionality and Fair Taxation published by Kluwer International in 2014, in which the author investigated the role of proportionality principle coupled with the standard of reasonableness in assessing specific tax issues and the overall fairness of particular taxes and tax systems. Among those issues, the author points out equality and non-discrimination, retrospective taxation, tax penalties and sanctions, specific and general anti-avoidance rules, as well as the application of proportionality in tandem with reasonableness to Double Tax Conventions, human rights, and tax related rules of international trade.
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Clover, Joshua. "Parties of Order Right and Left." Identities: Journal for Politics, Gender and Culture 19, no. 1-2 (December 2, 2022): 28–38. http://dx.doi.org/10.51151/identities.v19i1-2.501.
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“Parties of Order Right and Left” takes the right-authoritarian turn (particularly in Central Europe) as an opportunity to reflect on the left-authoritarian turn elsewhere in Europe and “the West” more broadly. The talk pays special attention to the shared faith in policy imposition as the necessary and sufficient mechanism to address social volatility, notably the volatility both expressed and borne by surplus populations and climate refugees. The presupposition of policy solutions even in times of social catastrophe is traced through two parallel texts, Andreas Malm’s How to Blow Up a Pipeline and Kim Stanley Robinson’s Ministry for the Future, and their shared theory of political violence as policy weapon. It concludes with a discussion regarding the nationalist implications of policy solutions more broadly and the historically specific demand for internationalism against border regimes in present conditions. Author(s): Joshua Clover Title (English): Parties of Order Right and Left Journal Reference: Identities: Journal for Politics, Gender and Culture, Vol. 19, No. 1-2 (2022). Publisher: Institute of Social Sciences and Humanities - Skopje Page Range: 28-38 Page Count: 10 Citation (English): Joshua Clover, "Parties of Order Right and Left,” Identities: Journal for Politics, Gender and Culture, Vol. 19, No. 1-2 (2022): 28-38. Author Biography Joshua Clover, University of California Davis Joshua Clover is the author of seven books, including Roadrunner (Duke, 2021) as well as Riot.Strike.Riot: the New Era of Uprisings, a political economy of social movements, with recent editions in Italian, French, German, Turkish, and Swedish. He is a currently professor of English and Comparative Literature at University of California Davis as well as Affiliated Professor of Literature and Modern Culture at University of Copenhagen.
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Pakhomova, Elena I. "Conflict potential of modern social and labor relations." VESTNIK INSTITUTA SOTZIOLOGII 13, no. 2S (2022): 115–27. http://dx.doi.org/10.19181/vis.2022.13.2s.820.
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The article examines the issues of protection of labour rights by Russian employees, that led to heated discussions at working meetings of employees of the Center for Comprehensive Social Research of FCTAS RAS, when it came to life values and the potential for protest activity. One of the main questions raised by V.V. Petukhov - Why, despite the importance and significance for many Russians of such a sphere of life as work, nevertheless, few people are ready to defend their labour rights by any means, in fact, rather adapting to the situation and often deliberately worsening their situation? The starting point for working on this text was an article by V.V. Petukhov "Crisis and protection of labour rights of citizens”, published in the journal "Sociological Research" in 2016. The main idea expressed in the article is to continue the scientific discussion of the ongoing changes in the social and labour sphere that characterise the behaviour of modern workers in cases of infringement or violation of labour rights. In the presented article, the author, continuing the reflections of V.V. Petukhov, demonstrates, based on the empirical data collected in the course of many years of research by the ISRAS, what tactics of labour behaviour and ways of defending the rights and interests are chosen by Russian workers, how they assess today the level of opportunities to influence the adoption of managerial decisions at the place of work, the ability to influence the improvement of working conditions. Based on the analysis, the author comes to the conclusion that in modern conditions, social and labour relations in Russia are not yet a favourable environment for the development of professional and qualification competencies, for productive and efficient work. Difficulties with the realisation of the labour rights of citizens, when the legal possibility of defending them is either not realised or is blocked, can lead to the radicalisation of certain groups of citizens. Moreover, the "foci" of such radicalisation, in the author´s opinion, will be localised in socio-professional groups and industries where the conditions of short-term (precarious) employment are most widespread.
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Rinkanya, Alina. "Female characters in Kenyan women’s short story: From submission to self-reliance." Language in Africa 2, no. 3 (October 25, 2021): 68–92. http://dx.doi.org/10.37892/2686-8946-2021-2-3-68-92.
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The article analyses the depiction of new types of female characters in the stories by Kenyan female writers published from 2003 to 2012 in literary almanacs Kwani? and Storymoja. The author traces the evolution of female characters from the “victim” type, which appeared in Kenyan women’s literature already in the 1960s, to its modern alternatives – women advocating their rights in all spheres of private and public life.
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Leonardo, Zeus. "Through the Multicultural Glass: Althusser, Ideology and Race Relations in Post-Civil Rights America." Policy Futures in Education 3, no. 4 (December 2005): 400–412. http://dx.doi.org/10.2304/pfie.2005.3.4.400.
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In 1996, an edited volume devoted to Stuart Hall's work published the essay ‘Gramsci's Relevance for the Study of Race and Ethnicity’. Central to Hall's analysis was Gramsci's deployment of the concept of hegemony. This article hopes to accomplish parallel insights on race and multiculturalism by going through the concept of ideology as theorized by Althusser. A thoroughgoing and critical theory of ideology is currently missing from multiculturalism. When ideology is invoked, it either goes through a Marxist refutation of the racial concept or it is posed as a problem that needs to be transcended rather than a constitutive part of the ideological struggle over race. Just as Hall reminds us that Gramsci's theory of hegemony must be taken in the context of Gramsci's Marxist problematic, this article notes that Althusser's theory of ideology must be taken in the context of his commitment to historical materialism. However, in order to analyze the relevance of Althusser's theory of ideology for the study of race and multiculturalism (something which did not appear in Althusser's work), the author appropriates his insights sans his problematic of historical materialism. Althusser's theory is useful for a study of race, which is as much a problem at the ideological as it is at the material level. Furthermore, Althusser's discourse on ideology enriches debates about race and multiculturalism to the extent that his general insights on ideology are appropriate for such an analysis. In this explication, the author presents a brief introduction to the multiple levels of Althusser's theory of ideology. Then, he appropriates Althusser's general insights and relevance, determining the most pertinent moments in his theory for the study of race and multiculturalism. Last, the author poses the problem of color-blind discourses on race.
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Gladysheva, Olga V., and Vladimir G. Ulyanov. "Ensuring Property Rights of Participants in Criminal Proceedings in the Imposition of Arrest on Property: Problems and Solutions." Vestnik Tomskogo gosudarstvennogo universiteta, no. 470 (2021): 223–28. http://dx.doi.org/10.17223/15617793/470/27.
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The object of the study is the modern theoretical and legal problems of ensuring the rights of “third parties” in criminal proceedings in the case of the application of the seizure of property. The author aims to: 1) identify problems of legal regulation of the procedural status of persons whose property may be seized; 2) determine the criteria for the validity of the seizure of property in general and its individual types, in particular (for example, the seizure of shares); 3) propose ways to solve the problems of protecting the rights of persons who are not official participants in criminal proceedings, whose property has been seized. The research is based on the study of scientific sources, the legislative basis of criminal proceedings, subordinate and related official documents (resolutions of the Plenum of the Supreme Court of the Russian Federation, legal positions of the Constitutional Court of the Russian Federation, statistical data, published judicial practice). Generalization, synthesis, abstraction, various types of analysis (systems, structural-functional, formal-logical, formal-legal and comparative-legal), legal modeling, legal-sociological and legal statistics methods were used. The authors make the following conclusions: (1) the coincidence in the main parameters of the procedure for the imposition of arrest on property and investigative actions testifies to the complex nature of the former, its fulfillment of a double task: the formation of evidence and the provision of possible property penalties; (2) the restriction of the constitutional right of ownership when seizing the property of one person affects (directly, indirectly, impliedly, potentially) the rights and legitimate interests of a wider range of persons, including legal ones. Economic relations in such conditions become unstable, and economic entities suffer excessive (and unjustified) losses. The authors propose to draw the legislator's attention to the need to regulate the procedural potential of persons (so-called “third parties”) whose rights and legitimate interests may be affected by the seizure of the property of other persons; (3) the procedure for the imposition of arrest on property presupposes the existence of sufficient grounds. The category is evaluative, it acquires a large share of subjectivity, which allows suggesting the expediency of changing it to the “presence of sufficient evidence confirming the fact of obtaining property by criminal means”.
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Simonova, Snezhana V. "Topical issues of ensuring human rights on digital platforms." Vestnik Yaroslavskogo gosudarstvennogo universiteta im. P. G. Demidova. Seriya gumanitarnye nauki 15, no. 4 (December 20, 2021): 532–41. http://dx.doi.org/10.18255/1996-5648-2021-4-532-541.
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The article deals with the constitutional understanding of the place modern Internet platforms play in ensuring human rights. Some problematic aspects of the topic are illustrated through the lens of Russian and foreign legal practice, which has developed in connection with the functioning of wellknown digital platforms and promotion of information rights, digital security and privacy rights, freedom of speech within the boundaries of popular social networks, video hosting platforms, online services. Particular attention is paid to the analysis of the latest novelties of Russian legislation aimed at regulating the status and new grounds for responsibility of digital platforms. The cornerstone question proposed by the author for discussion is the question of the best model of interaction between the state and digital platforms, as well as the conditions and limits of their responsibility for violations of human rights. The article analyzes the problem of inconsistency of terms of services with generally recognized standards of international human rights law, examines options for unifying the platform’s policies in relation to the content published on them, examines the phenomenon of “refusal of constitutional rights by contract”. Taking into account the deduced features of digital platforms as a space for the realization of human rights, the author’s view of the system of legal measures aimed at improving the standards of protecting human rights on digital platforms, is proposed as conclusions.
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Manullang, Sardjana Orba. "Understanding of the health insurance program in the perspective of human rights in Indonesia." International journal of health sciences 6, S1 (March 21, 2022): 1646–60. http://dx.doi.org/10.53730/ijhs.v6ns1.4921.
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This paper discusses the public's understanding of the health insurance program from the perspective of human rights in Indonesia. The author believes that the public needs to understand the health insurance program from the point of view of law and human rights as citizens living in Indonesia and democracy. A series of data searches on some insurance and health literature databases were reviewed from a legal perspective. The data that has been collected is then analyzed under a phenomenological approach, a study model that seeks to understand a phenomenon that exists in a context to be described and studied for re-understanding. The data search was carried out by keyword on the Google Scholar search engine in many publications published from 2010 to 2022. Based on the data and research results, we believe that all of these have met the requirements for validity and accuracy of the data to answer the problem. The results, among others, are that based on regulatory law number 24 of 2011, every citizen has the right to get assistance in health and social insurance like life insurance from the state.