The moral rights of authors and performers: an international and comparative analysis

This book is a comprehensive guide to the development and utilization of authorial moral rights across the key jurisdictions of the English-speaking world and in France and Germany. In recent years, the copyright statutes of the common law countries have been expanded by the introduction of provisions dealing with purely authorial rights - moral rights.
The Moral Rights of Authors and Performers discusses the historical development of the rights in Europe, with particular reference to France and Germany, and shows the growth of moral rights theory and legislative coverage up to the late 1930s. During the 1920s the moral rights of authors became the subject of international protection, particularly through the operation of the Berne Convention for the Protection of Literary and Artistic Works. The book explores the adoption of moral rights into this and other international instruments, explaining the functions that moral rights were intended to perform.
The author gives detailed accounts of the operation of moral rights in France and Germany today, addressing both statutory interpretation and doctrinal issues. The provision of case studies gives an impression of the rich jurisprudence associated with the rights in these countries.
The book also contains a detailed discussion of the versions of moral rights that have become entrenched in Canada, the UK, the US and Australia, with each country considered independently. It deals separately with the introduction of the rights into each country and their operation and interpretation by courts and commentators. Material on common law analogues to the rights is provided, which indicates alternative actions that practitioners might take. Problems of cross-jurisdictional legal proceedings (especially arising from technological transfer of information) are also addressed, with moral rights protection elsewhere in the world summarized in tabular form.

Who is responsible for the protection of children? Implicit and explicit interpretations of marketing messages

In this paper, we examine ethical issues related to advertising to children in light of evidence that people can hold ‘implicit’ as well as ‘explicit’ consumer attitudes. From a review of the important features of implicit versus explicit attitudes, we hypothesise three important features of implicit consumer attitudes in children. First, we suggest they are likely to be acquired automatically from, in part, exposure to marketing messages. Second, we predict that these attitudes will be resistant to change through reflection or reason by the child or other person. Third, we hypothesise that children’s implicit consumer attitudes will be powerful predictors of their consumer choices in many situations. We discuss the implications for the ethics of marketing to children, and propose a research framework to begin investigating this important issue.

Into the protecting arms: the League of Nations and the extension of international assistance to unprotected persons in the Middle East and Europe, 1926 - 1928

The refugee dilemma in Europe in the years between the two world wars had a number of aspects: humanitarian, political, and diplomatic. It raised questions of migration, questions of international law, and questions of the fate of hundreds of thousands of individuals. Refugees were visible from the very last days of the war and remained a matter of serious international concern even beyond the outbreak of war again in September 1939. The refugee dilemma in Europe was, firstly, a humanitarian crisis because the size of the refugee population was without precedent. It was also a political problem because national governments had to contend with questions about the refugees' legal status and their legitimacy under national and international law, as well as balance humanitarian concerns with national political interests. The humanitarian and political aspects together created a crisis for the international community newly united in the League of Nations. One of its first great acts-to take these refugees into its protective care-was not even prescribed for it in its Covenant. But the refugee crisis facing Europe was so great that member states were united in the belief that the League had been established precisely to undertake a task of this kind.

Managing heritage in the wake of war and conflict in Cyprus

In the wake of a Greece-inspired coup against the Greek Cypriot President of Cyprus in 1974, the Turkish military occupied the northern third of the island and continues to do so. Ethnic communities are still separated: Greek Cypriots moved to the south and Turkish Cypriots to the north. This paper covers issues raised by the bi-communal conservation projects resulting from the European Union’s Partnership for the Future Programme being implemented by the United Nations Development Programme. The projects require co-operation between mutually distrustful, fearful and disdainful communities for the sake of common objectives – social and economic wellbeing. Cyprus has apparently opted for conflict management rather than resolution, with both sides focused on achieving prosperity. Heritage conservation has become a tool for peaceful co-existence and mutual pride. Initially the projects involved places of shared heritage rather than places reinforcing the separate cultural identities of the communities. Loss of cultural identity is a concern of both communities. Ongoing operational issues derive from the illegality of the Turkish government in the north and the repercussions of this for international aid. The paper will contribute to the conference theme by exploring the professional challenges related to these issues and their possible resolution.

The branding of arts and culture : an international comparison

This paper explores the approach of arts and cultural organisations towards branding in Italy and Australia. Data were collected through extended interviews with general managers and marketing managers of 18 arts and cultural organisations, including museums, galleries, theatres and festivals of both countries. Through the analysis of the data collected, five initial elements emerged when seeking to classify the branding paradigms of the organisations, viz., the orientation of the brand management, the type of brand management, the level of customers’ involvement in the brand “idea”, the degree of consistency in branding and attitudes toward risk in branding. For this article, we focus on two particular elements, the orientation of the brand management and the degree of consistency in branding, as these elements have an important influence on how an arts organisation will strategically manage its brand.

On the basis of the assumption that branding is driven by different factors in different countries, the paper identifies two main paradigms/models of branding characterised by specific drivers: marketing tools and strategies in Australian arts and cultural organisations; history and tradition of the cultural product/offer in the Italian ones. What emerges in this study is that the importance of brands in the arts and culture context should not be underrated by arts and cultural managers. Both models (the Italian and the Australian) represent valid examples for managers to look at in relation to the brand management process.

Plant variety protection and traditional agricultural knowledge in Southeast Asia

This article provides an overview of the emerging plant variety protection (PVP) systems in Southeast Asia. The case studies are from countries that form part of the regional Association of Southeast Asian Nations (ASEAN), mainly Indonesia, Malaysia, Philippines and Thailand. The focus will be on the intersection between intellectual property rights (IPRs) and popular demands for the protection of the traditional knowledge (TK) of local communities. Factors that fuelled the emergence and shaped the content of the PVP laws were the obligation to comply with art 27(3)(b) of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement), aspirations for the development of the biotechnology industry, avoidance of possible sanction under the US ‘Special 301’ procedure, Free Trade Agreements (FTAs), the role played by the International Union for the Protection of New Plant Varieties (UPOV), technical assistance from UPOV member countries, membership of international biodiversity treaties and demands from civil society organisations for protection of TK. The PVP laws that resulted present an uneasy amalgam of conventional property rights with some aspects of protection of TK. It is very likely that the local communities claiming TK rights will face legal hurdles, in as much as government agencies implementing the law will face administrative and technical complications.

Satellite tracking large numbers of individuals to infer population level dispersal and core areas for the protection of an endangered species

Aim: Tracking the dispersal patterns and habitat use of migratory species is necessary to delineate optimal areas for protection, with large sample sizes being more representative of the population. Here, we examine the dispersal patterns of a key Mediterranean loggerhead turtle (Caretta caretta) breeding population to identify priority foraging sites for protection. Location: Zakynthos Island, Greece and the wider Mediterranean. Method: We examined the dispersal patterns and foraging sites of 75 adult loggerheads (n = 38 males and 37 females) tracked from the breeding area of Zakynthos Island (Greece) from 2004 to 2011. We then combined our data with published sea turtle literature to identify key foraging sites for protection. Results: While both males and females exhibited similar dispersal patterns, about 25% males remained < 100 km of Zakynthos, whereas all females (except one) migrated > 200 km. Integration of our data with the wider literature isolated 10 core sites in proximity to existing protected areas, which could potentially protect 64% of the Zakynthos population, while five sites support individuals from at least 10 other loggerhead breeding populations. Main conclusions: Due to the widespread availability of neritic foraging grounds across the Mediterranean, sea turtles from Zakynthos exhibit disparate dispersal patterns. However, protecting only a few objectively defined important sites can encompass a large proportion of the foraging areas used and hence have considerable conservation benefit.

The International Society for Bipolar Disorders (ISBD) Task Force report on the nomenclature of course and outcome in bipolar disorders

Objectives:  Via an international panel of experts, this paper attempts to document, review, interpret, and propose operational definitions used to describe the course of bipolar disorders for worldwide use, and to disseminate consensus opinion, supported by the existing literature, in order to better predict course and treatment outcomes. Methods:  Under the auspices of the International Society for Bipolar Disorders, a task force was convened to examine, report, discuss, and integrate findings from the scientific literature related to observational and clinical trial studies in order to reach consensus and propose terminology describing course and outcome in bipolar disorders. Results:  Consensus opinion was reached regarding the definition of nine terms (response, remission, recovery, relapse, recurrence, subsyndromal states, predominant polarity, switch, and functional outcome) commonly used to describe course and outcomes in bipolar disorders. Further studies are needed to validate the proposed definitions. Conclusion:  Determination and dissemination of a consensus nomenclature serve as the first step toward producing a validated and standardized system to define course and outcome in bipolar disorders in order to identify predictors of outcome and effects of treatment. The task force acknowledges that there is limited validity to the proposed terms, as for the most part they represent a consensus opinion. These definitions need to be validated in existing databases and in future studies, and the primary goals of the task force are to stimulate research on the validity of proposed concepts and further standardize the technical nomenclature.

Communication of scientific uncertainty : international case studies on the development of folate and vitamin D Dietary Reference Values.

Transparent evidence-based decision making has been promoted worldwide to engender trust in science and policy making. Yet, little attention has been given to transparency implementation. The degree of transparency (focused on how uncertain evidence was handled) during the development of folate and vitamin D Dietary Reference Values was explored in three a priori defined areas: (i) value request; (ii) evidence evaluation; and (iii) final values.