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Copyright misuse is a defence to enforcement of a valid copyright. It applies when a copyright owner either licenses or enforces its copyright in an unacceptable matter. For example, a paradigmatic case of misuse involves a copyright owner who uses a copyright license to prevent the licensee from developing competing works. A rightsholder who has committed misuse is barred from enforcing its copyright against others – including third parties who were not the direct victims of the acts of misuse – while the acts of misuse continue. This chapter explores how the misuse defence might apply in cases of upcycling involving copyright-protected materials. Although the defence of copyright misuse as such exists mainly in the US, the analysis in the chapter can also prove relevant for other countries. First, the US misuse doctrine bears considerable similarity to the general notion of abuse of rights. Second, the US misuse doctrine also borrows heavily from monopoly (anti-trust) law. While there are important differences between US anti-trust law and monopoly laws in other countries, many of the basic situations are treated the same. The discussion of the US misuse doctrine can therefore inform countries that might want to deal with upcycling situations.
The poignant Epilogue, titled “1991,” depicts the dissolution of Yugoslavia as a functional federal state and the violence at the start of the interrepublic war. With the collapse of the political state, all artistic activities in Yugoslavia, and especially Serbia, once a major attraction for experimental musicians and artists from East and West, came to a complete halt. With the brutality of the war, the ensuing mass exodus (brain drain) of artists, students, and harsh economic sanctions imposed against Serbia, the once-fertile Yugoslav avant-garde music scene never managed to recapture its artistic and experimental glory days of the Cold War era.
This chapter analyzes upcycling from the perspective of copyright infringement. Upcycling should be encouraged, especially as it makes recycling an attractive and exciting option for consumers. IP rights (IPRs) can however be seen as a barrier for such utilization of raw material. This is because traditional IP doctrines do not fully recognize these kinds of interests, despite sustainability’s fundamental relevance in society and in the Treaty of the Functioning of the EU. The chapter develops a new doctrinal standpoint to consider copyright infringements in these specific cases as a part of introducing a more general ‘sustainable lifespan’ principle in IPRs regulation.
In war we see xenophobic hate, resentment, and violence-triggering anger, coupled with in-group solidarity, love, and altruistic sacrifice. This combination is mirrored in the opponent society. This structure recurs so often that there is an unfortunate tendency to naturalize it as adaptations produced by an ancestral environment characterized by widespread, intense, and frequent war. From this point of view, we are bellicose because our most successful ancestors were; our emotional structure comes from the fact that we are descendants of victors in battle. I don’t agree with this interpretation, which I will call the bellicose adaptationist story. I will sketch an alternative evolutionary story from ongoing anthropological controversies. I don’t deny that humans are violent, but I will try to show that a coherent story can be told in which war qua anonymous inter-group violence was not universal in human history and so could not serve as the selection pressure for altruism. After clearing the ground in this manner, to account for a non-war-based altruism I describe the hypotheses of collective breeding and collaborative foraging put forth by Sarah Hrdy and by Michael Tomasello.
The importance of copyright law is generally not reflected in media law and policy. Recent legislative initiatives, such as the European Media Freedom Act, have failed to address the chilling effects of restrictive copyright rules on media activities. New forms and platforms for digital journalism and the increasing role of artificial intelligence require adaptation of the legal framework. A holistic legal approach is needed to address threats to values such as freedom of expression and of the press. The role of the media as ‘public watchdog’ creates constitutional imperatives, derived from European human rights instruments, to enable them to use subject matter protected by copyright. This chapter argues that the emerging theory of digital constitutionalism can help to develop a common framework for media and copyright law. It identifies copyright limitations and exceptions as the most appropriate mechanisms to enable this. The chapter proposes reforms of copyright exceptions to remove the chilling effects created by exclusive rights and to facilitate the media’s use of information in their role as democracy’s Fourth Estate. The chapter proposes further concretising of digital constitutionalism, placing media and copyright law within a broad regulatory framework for constitutionally protected values in the digital space.
This chapter describes how dependence on coffee and other primary commodities exacerbated foreign dependency, especially during fluctuations in global primary commodity prices. The chapter discusses the Rwandan Patriotic Front’s (RPF) origins, including the key paradigmatic ideological foundations of the party while discussing the civil war and the 1994 genocide. The chapter ends by outlining three periods of the evolution of political settlement under RPF rule. Between 1994 and 2000, RPF loyalists were rewarded, while there was increased concentration of power among Tutsi RPF members. In the 2000s, until the early 2010s, RPF leadership centralised control among a smaller clique within the RPF, with increasing elite fragmentation characterising this period. In the third phase after the early 2010s, there has been increased external reliance, and the visible threat of transnational coalitions, comprising RPF dissidents and disenchanted domestic elites, has emerged but been contained.
This chapter introduces the book’s examination of the dynamics of far-right demonstration campaigns and their demobilisation. The chapter summarises the importance of these campaigns within the broader context of far-right movements and why they are illuminating cases for the study of demobilisation. It previews the book’s conceptual framework for understanding demobilisation, providing a theoretical basis for subsequent analysis. The chapter provides an overview of the empirical context for the study, drawing cases from Germany, Austria, and England between 1990 and 2020. Then, the chapter introduces the mixed-methods research design that is employed, combining both qualitative comparative analysis and process tracing to investigate these cases. The chapter concludes with the plan for the book, summarising the different chapters.
This chapter offers a selective overview of several structures that generalize the notion of a signed graph. The term ‘generalize’ is used informally to indicate that whenever a matrix associated with a given structure extends or includes the corresponding matrix of a signed graph, we do not insist on strict formal definitions. Because each structure comes with an extensive body of results on its own, the overview is necessarily concise and focuses on presenting the structures rather than detailing their full theoretical developments. In particular, the chapter discusses graphs defined by Hermitian matrices, including weighted graphs, various families of gain graphs, and both mixed and extended mixed graphs, treating each of these topics in meaningful depth.
Chapter 3 is concerned with the ‘non-royal’ (or ‘private’) charter corpus – that is, documents that were issued by individuals other than kings – from Kent, Mercia and Wessex between the 830s and 880s. The chapter provides an overview of this material’s content and its production contexts and processes. Canterbury dominates, since this is where a large majority of the surviving documents comes from, though there are glimpses of other settings too. A significant portion of the material from Canterbury relates to two particular ealdormannic families, though other documents demonstrate that lay and ecclesiastic people of lesser social standing also participated in documentary activity. The picture that emerges is diverse; varying practices and contexts, and different motivations for codification, reflect the richness of contemporary documentary culture. The following important themes are considered too: female participation, the relationship between royal and non-royal documentation, and the varied uses of Latin and Old English.