3 resultados para MEDIATOR

em Digital Peer Publishing


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The extraordinary significance of the life and work of René Sand lies in his central position as a mediator, promoter and coordinator of social work on an increasingly international level during the interwar-period and it can hardly be overestimated. To approach the achievements of Sand’s life and work you have to work archaeologically as he does not seem to have left any traces in the literature on social history. In Germany, even within the field of social work his name is hardly known. His biographical sketch and his importance for the development of the profession of social work have fallen into oblivion. The situation is a little different in the French-speaking countries where a biography has been published (compare Anciaux 1988a, b, c) which contains a detailed record of Sand’s writings. Altogether this lack of interest is regrettable because it doesn’t consider that René Sand is exemplary and in some parts fundamental to the emergence of professional social work in the 1920s in Belgium and Europe. Professional social work was established by a consequent international orientation and an emancipation from neighbouring fields such as social medicine and hygiene. Therefore it is a rewarding task to draw attention to this pioneer of social work and make the public appreciate his work. I want to emphasize explicitly that in this portrait Sand’s achievements concerning social work will be the main focus, even if this is an inevitable reduction of his accomplishments in the field of medicine and social medicine.

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The extraordinary significance of the life and work of René Sand lies in his central position as a mediator, promoter and coordinator of social work on an increasingly international level during the interwar-period and it can hardly be overestimated.

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This article provides a legal and economic analysis of private copying levies in the EU, against the background of the Copyright Directive (2001/29), a number of recent rulings by the European Court of Justice and the recommendations presented by mediator Vitorino earlier this year. It concludes that notwithstanding these rulings and recommendations, there remains a lack of concordance on the relevance of contractual stipulations and digital rights management technologies (DRM) for setting levies, and the concept of harm. While Mr Vitorino and AG Sharpston (in the Opinion preceding VG Wort v. Kyocera) use different lines of reasoning to argue that levies raised on authorised copies would lead to double payment, the Court of Justice’s decision in VG Wort v. Kyocera seems to conclude that such copies should nonetheless be levied. If levies are to provide fair compensation for harm resulting from acts of private copying, economic analysis suggests one should distinguish between various kinds of private copies and take account of the extent to which the value said copies have for consumers can be priced into the purchase. Given the availability of DRM (including technical protection measures), the possibility of such indirect appropriation leads to the conclusion that the harm from most kinds of private copies is de minimis and gives no cause for levies. The user value of copies from unauthorised sources (e.g. from torrent networks or cyber lockers), on the other hand, cannot be appropriated indirectly by rightholders. It is, however, an open question in references for preliminary rulings pending at the Court of Justice whether these copies are included in the scope of the private copying exception or limitation and can thus be levied for. If they are not, as currently happens in several EU Member States, legal and economic analysis leads to the conclusion that the scope of private copying acts giving rise to harm susceptible of justifying levies is gradually diminishing.