777 resultados para Copyright Moral rights Australia
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Accuracy and mesh generation are key issues for the high-resolution hydrodynamic modelling of the whole Great Barrier Reef. Our objective is to generate suitable unstructured grids that can resolve topological and dynamical features like tidal jets and recirculation eddies in the wake of islands. A new strategy is suggested to refine the mesh in areas of interest taking into account the bathymetric field and an approximated distance to islands and reefs. Such a distance is obtained by solving an elliptic differential operator, with specific boundary conditions. Meshes produced illustrate both the validity and the efficiency of the adaptive strategy. Selection of refinement and geometrical parameters is discussed. (c) 2006 Elsevier Ltd. All rights reserved.
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Copyright protects the rights and interests of authors on their original works of authorship such as literary, dramatic, musical, artistic, and certain other intellectual works including architectural works and designs. It is automatic once a tangible medium of expression in any form of an innovative material, which conforms the Copyright Designs and Patents Act 1988 (CDPA 1988), is created. This includes the building, the architectural plans and drawings. There is no official copyright registry, no requirements on any fees need to be paid and they can be published or unpublished materials. Copyrights owners have the rights to control the reproduction, display, publication, and even derivation of the design. However, there are limitations on the rights of the copyright owners concerning copyrights infringements. Infringement of copyright is an unauthorised violation of the exclusive rights of the copyright author. Architects and engineers depend on copyright law to protect their works and design. Copyrights are protected on the arrangements of spaces and elements as well as the overall form of the architectural design. However, it does not cover the design of functional elements and standard features. Although copyright law provides automatic protection to all original architectural plans, the limitation is that copyright only protects the expression of ideas but not the ideas themselves. It can be argued that architectural drawings and design, including models are recognised categories of artistic works which are protected under the copyright law. This research investigates to what extent copyrights protect the rights and interests of the designers on architectural works and design.
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The judiciousness of American felon suffrage policies has long been the subject of scholarly debate, not least due to the large number of affected Americans: an estimated 5.3 million citizens are ineligible to vote as a result of a criminal conviction. This article offers comparative law and international human rights perspectives and aims to make two main contributions to the American and global discourse. After an introduction in Part I, Part II offers comparative law perspectives on challenges to disenfranchisement legislation, juxtaposing U.S. case law against recent judgments rendered by courts in Canada, South Africa, Australia, and by the European Court of Human Rights. The article submits that owing to its unique constitutional stipulations, as well as to a general reluctance to engage foreign legal sources, U.S. jurisprudence lags behind an emerging global jurisprudential trend that increasingly views convicts’ disenfranchisement as a suspect practice and subjects it to judicial review. This transnational judicial discourse follows a democratic paradigm and adopts a “residual liberty” approach to criminal justice that considers convicts to be rights-holders. The discourse rejects regulatory justifications for convicts’ disenfranchisement, and instead sees disenfranchisement as a penal measure. In order to determine its suitability as a punishment, the adverse effects of disenfranchisement are weighed against its purported social benefits, using balancing or proportionality review. Part III analyzes the international human rights treaty regime. It assesses, in particular, Article 25 of the International Covenant on Civil and Political Rights (“ICCPR”), which proclaims that “every citizen” has a right to vote without “unreasonable restrictions.” The analysis concludes that the phrase “unreasonable restrictions” is generally interpreted in a manner which tolerates certain forms of disenfranchisement, whereas other forms (such as life disenfranchisement) may be incompatible with treaty obligations. This article submits that disenfranchisement is a normatively flawed punishment. It fails to treat convicts as politically-equal community members, degrades them, and causes them grave harms both as individuals and as members of social groups. These adverse effects outweigh the purported social benefits of disenfranchisement. Furthermore, as a core component of the right to vote, voter eligibility should cease to be subjected to balancing or proportionality review. The presumed facilitative nature of the right to vote makes suffrage less susceptible to deference-based objections regarding the judicial review of legislation, as well as to cultural relativity objections to further the international standardization of human rights obligations. In view of this, this article proposes the adoption of a new optional protocol to the ICCPR proscribing convicts’ disenfranchisement. The article draws analogies between the proposed protocol and the ICCPR’s “Optional Protocol Aiming at the Abolition of the Death Penalty.” If adopted, the proposed protocol would strengthen the current trajectory towards expanding convicts’ suffrage that emanates from the invigorated transnational judicial discourse.
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Consent's capacity to legitimise actions and claims is limited by conditions such as coercion, which render consent ineffective. A better understanding of the limits to consent's capacity to legitimise can shed light on a variety of applied debates, in political philosophy, bioethics, economics and law. I show that traditional paternalist explanations for limits to consent's capacity to legitimise cannot explain the central intuition that consent is often rendered ineffective when brought about by a rights violation or threatened rights violation. I argue that this intuition is an expression of the same principles of corrective justice that underlie norms of compensation and rectification. I show how these principles can explain and clarify core intuitions about conditions which render consent ineffective, including those concerned with the consenting agent's option set, his mental competence, and available information.
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Characteristics of shiftwork schedules have implications for off-shift well-being. We examined the extent to which several shift characteristics (e.g., shift length, working sundays) are associated with three aspects of off-shift well-being: work-to-family conflict, physical well-being, and mental wellbeing. We also investigated whether these relationships differed in four nations. The Survey of Work and Time was completed by 906 healthcare professionals located in Australia, Brazil, Croatia, and the USA. Hierarchical multiple regression analyses supported the hypothesis that shiftwork characteristics account for significant unique variance in all three measures of well-being beyond that accounted for by work and family demands and personal characteristics. The patterns of regression weights indicated that particular shiftwork characteristics have differential relevance to indices of work-to-family conflict, physical well-being, and mental well-being. Our findings suggest that healthcare organizations should carefully consider the implications of shiftwork characteristics for off-shift well-being. Furthermore, although our findings did not indicate national differences in the nature of relationships between shift characteristics and well-being, shiftwork characteristics and demographics for healthcare professionals differ in systematic ways among nations; as such, effective solutions may be context-specific. (c) 2008 Elsevier Ltd. All rights reserved.
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The eddy covariance method was used to measure energy and water balance of a plantation of Eucalyptus (grandis x urophylla) hybrids over a 2 year period. The average daily evaporation rates were 5.4 (+/- 2.0) mm day(-1) in summer, but fell to 1.2 (+/- 0.3) mm day(-1) in winter. In contrast, the sensible heat flux was relatively low in summer but dominated the energy balance in winter. Evaporation accounted for 80% and 26% of the available energy, in summer and winter respectively. The annual evaporation was 82% (1124 mm) and 96% (1235 mm) of the annual rainfall recorded during the first and second year, respectively. Daily average canopy and aerodynamic conductance to water vapour were in the summer 51.9 (+/- 38.4) mm s(-1) 84.1 (+/- 25.6) mm s(-1), respectively; and in the winter 6.0 (+/- 10.5) mm s(-1) and 111.6 (+/- 24.6) mm s(-1), respectively. (C) 2010 Elsevier B.V. All rights reserved.
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Barrier development during the Holocene is studied using the example of the Ilha Comprida, Southeastern Brazil. Aerial photos, facies analysis, and optically stimulated luminescence dating are used to define the barrier emergence and evolution. Optically stimulated luminescence ages and facies successions indicate that the Ilha Comprida probably began as a Holocene transgressive barrier island 6000 years ago, just before the last relative sea-level maximum. Since then the barrier has progradated through the addition of curved beach ridges. Based on beach ridge alignments, six units of growth are identified with two growth directions, transverse and longitudinal. Rates of progradation with transverse growth vary from 0.13 to 4.6 m/year. Rates of longitudinal growth to NE range from 5.2 to 30 m/year. Variation in coastal progradation rates and sediment retention during the last 6000 years is compared with climate, physiography and relative sea-level changes. The physiography, represented by pre-Cenozoic hills, is the major control on sediment retention and alternation between longitudinal and transverse growth. Climate variations, such as the Little Ice Age event, apparently control the formation of ridges types: beach ridges, foredunes, and blowouts. These results allow the use of the Ilha Comprida Barrier as an example to analyze the major controls on barriers progradation. (C) 2011 Elsevier B.V. All rights reserved.
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This Letter addresses the problem of modeling the highway systems of different countries by using complex networks formalism. More specifically, we compare two traditional geographical models with a modified geometrical network model where paths, rather than edges, are incorporated at each step between the origin and the destination vertices. Optimal configurations of parameters are obtained for each model and used for the comparison. The highway networks of Australia, Brazil, India, and Romania are considered and shown to be properly modeled by the modified geographical model. (C) 2009 Elsevier B.V. All rights reserved.
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Back-scattered imaging, X-ray element mapping and electron microprobe analyzer (EMPA) chemical dating reveal complex compositional and age zoning in monazite crystals from different layers and textural positions in a garnet-bearing migmatite in SE Brazil. Y-rich (variable Y(2)O(3), averaging 2.5 wt.%) relict cores are preserved in mesosome and melanosome monazite, and correspond to 793 +/- 6 Ma inherited crystals possibly generated in a previous metamorphic event. These cores are overgrown and widely replaced by two generations of monazite, which are present in all migmatite layers. The first, also Y-rich (average 2.5 wt.% Y(2)O(3)), was produced at similar to 635 Ma during prograde metamorphism under subsolidus conditions, while the second has an Y-poor (<1.5 wt.% Y(2)O(3)), low Th/U signature, and precipitated from low Y and HREE anatectic melts produced by reactions in which garnet was inert. Quartz-rich trondhjemitic leucosome represents lower temperature melt (bearing some subsolidus quartz and garnet with included monazite) formed at temperatures below muscovite breakdown; its Y-poor monazite indicates an age of 617 +/- 6 Ma. Granitic leucosomes formed close to peak metamorphic conditions (T>750 degrees C) above muscovite breakdown have their slightly younger character confirmed by a 609 +/- 7 Ma low-Y monazite age. A similar 606 +/- 5 Ma age was obtained for low-Y monazite rims and domains in mesosome and melanosome, and reflects the time of monazite saturation in interstitial granitic melt that was trapped in these layers. Our results confirm that inherited monazite crystals can be preserved during partial melting at temperatures above muscovite breakdown. Moreover, careful textural control aided by X-ray chemical mapping may allow monazite generated at different stages in a similar to 25 Myr prograde metamorphic path to be identified and dated using an electron microprobe. (C) 2008 Elsevier B.V. All rights reserved.
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Middle to Late Holocene barriers are conspicuous landforms in southeastern and southern Brazilian regions. The barriers in the coastal zones of northern Santa Catarina, Parana and Sao Paulo states (27 degrees 19`-24 degrees 00`S) are formed mainly by beach ridge alignments and many barriers present foredune and blowout alignments in their seaward portion. The development of these eolian landforms appears to record a regional shift in coastal dynamics and barrier building. In this context, the Ilha Comprida barrier stands out for its well-developed and well-preserved foredunes and blowouts. Based on the presence or not and type of eolian landforms, the Ilha Comprida barrier can be divided seaward into inner, middle and outer units. The inner unit is formed entirely by beach ridges. The middle unit comprises a narrow belt of blowouts (up to 15 m high) aligned alongshore. Blowout lobes pointing NNW are indicative of their generation by southern winds. The outer unit is represented by low (<= 1 m high) active or stabilized foredunes and a small transgressive dunefield (similar to 1 km(2)). Twenty-seven luminescence ages (SAR protocol) obtained for the beach ridges, foredunes, and blowouts of these three units allow definition of a precise chronology of these landforms and calculation of rates of coastal progradation. The inner unit presents ages greater than 1004 +/- 88 years. The blowouts of the middle unit show ages from 575 +/- 47 to 172 +/- 18 years. The ages of the outer unit are less than 108 +/- 10 years. Rates of coastal progradation for the inner and outer units are 0.71-0.82 m/year and 0.86-2.23 m/year, respectively. The main phase of blowout development correlates well with the Little Ice Age (LIA) climatic event. These results indicate that southern winds in subtropical Brazil became increasingly more intense and/or frequent during the LIA. These conditions persist to the present and are responsible for the development of the eolian landforms in the outer unit. Thus, barrier geomorphology can record global climatic events. The sensitivity of barrier systems in subtropical Brazil to Late Holocene climate changes was favored by the relative sea level stillstand during this time. Luminescence dating makes it possible to analyze barrier geomorphology during Late Holocene climate changes operating on timescales of a hundred to thousand years. These results improve our knowledge of barrier building and will help in the evaluation of the impact of future climate changes on coastal settings. (C) 2008 Elsevier Ltd. All rights reserved.
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The stratigraphic subdivision and correlation of dune deposits is difficult, especially when age datings are not available. A better understanding of the controls on texture and composition of eolian sands is necessary to interpret ancient eolian sediments. The Imbituba-Jaguaruna coastal zone (Southern Brazil, 28 degrees-29 degrees S) stands out due to its four well-preserved Late Pleistocene (eolian generation 1) to Holocene eolian units (eolian generations 2, 3, and 4). In this study, we evaluate the grain-size and heavy-mineral characteristics of the Imbituba-Jaguartma eolian units through statistical analysis of hundreds of sediment samples. Grain-size parameters and heavy-mineral content allow us to distinguish the Pleistocene from the Holocene units. The grain size displays a pattern of fining and better sorting from generation 1 (older) to 4 (younger), whereas the content of mechanically stable (dense and hard) heavy minerals decreases from eolian generation 1 to 4. The variation in grain size and heavy-mineral content records shifts in the origin and balance (input versus output) of eolian sediment supply attributable mainly to relative sea-level changes. Dunefields submitted to relative sea-level lowstand conditions (eolian generation 1) are characterized by lower accumulation rates and intense post-depositional dissection by fluvial incision. Low accumulation rates favor deflation in the eolian system, which promotes concentration of denser and stable heavy minerals (increase of ZTR index) as well as coarsening of eolian sands. Dissection involves the selective removal of finer sediments and less dense heavy minerals to the coastal source area. Under a high rate of relative sea-level rise and transgression (eolian generation 2), coastal erosion prevents deflation through high input of sediments to the coastal eolian source. This condition favors dunefield growth. Coastal erosion feeds sand from local sources to the eolian system. including sands from previous dunefields (eolian generation 1) and from drowned incised valleys. Therefore, dunefields corresponding to transgressive phases inherit the grain-size and heavy-mineral characteristics of previous dunefields, leading to selective enrichment of finer sands and lighter minerals. Eolian generations 3 and 4 developed during a regressive-progradational phase (Holocene relative sea level highstand). The high rate of sediment supply during the highstand phase prevents deflation. The lack of coastal erosion favors sediment supply from distal sources (fluvial sediments rich in unstable heavy minerals). Thus, dunefields of transgressive and highstand systems tracts may be distinguished from dunefields of the lowstand systems tract through high rates of accumulation (low deflation) in the former. The sediment source of the transgressive dunefields (high input of previously deposited coastal sands) differs from that of the highstand dunefields (high input of fluvial distal sands). Based on this case study, we propose a general framework for the relation between relative sea level, sediment supply and the texture and mineralogy of eolian sediments deposited in siliciclastic wet coastal zones similar to the Imbituba-Jaguaruna coast (C) 2009 Elsevier B.V. All rights reserved.
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Introduction. Besides technical and economic-organisational problems, digital preservation also faces legal issues, especially regarding copyright legislation, since all digital preservation strategies involve copying materials and/or using software which is typically copyrighted. The purpose of this paper is to ascertain the extent to which current copyright laws meet the preservation requirements of library materials..Methodology. A cross-sectional analysis of recently updated national copyright laws as well as the impact of the other two protection methods: contractual and technological.Results. Even after the latest updates current copyright legislation is almost useless for digital preservation activities since the opportunities provided by WIPO Copyright Treaty to adapt and extend copyright exceptions and limitations have been used to the full.Conclusion. We need a legislation reform that will make it possible to carry out all required copying and communication activities and software use, even if circumventing technological protection is needed. But that is not enough for licensed works. The best solution for this kind of work is to include specific clauses in the licences that facilitate preservation activities. Thus, cooperation between both parties, libraries and rights' holders, is essential.
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Conselho Nacional de Desenvolvimento Científico e Tecnológico (CNPq)
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Pós-graduação em Educação - FFC