EU Copyright Law, Lobbying and Transparency of Policy-Making: The cases of sound recordings term extension and orphan works provisions

The objective of this paper is to discuss EU lobbying in the area of copyright. Legislation needs to regulate the legal position of various different stakeholders in a balanced manner. However, a number of EU copyright provisions brought into effect over recent years were highly controversial and have led to suggestions that powerful lobbying forces may have had some influence. This article investigates the effects of lobbying on copyright law-making in Europe. A specific comparative and multi-faceted analysis is provided of the legislative process for two recently adopted directives: 2011/77/EU which extends the term of protection of sound recordings and 2012/28/EU which introduces certain permitted uses of orphan works (some references are also made to the ACTA case). Firstly, a short presentation is given of the legal bases for the EU consultation process and lobbying. Next, an analysis is provided of the two cases, taking into consideration the policy-making procedures (with special focus on how the consultation process was handled), the legal solutions proposed and adopted and the various stakeholders’ claims. Lastly, it asks why some interest groups were successful and some others failed (the analysis identifies two types of factor for the effectiveness of lobbying: those resulting from stakeholders’ actions and those connected with the consultation process).

Games as Cultural Heritage: Copyright Challenges for Preserving (Orphan) Video Games in the EU

The long-term preservation of complex works such as video games comes with many challenges. Emulation, currently the most adequate preservation strategy for video games, requires several acts that are technically possible, but closely governed and restricted by copyright law and technical protection measures. Without prior authorisation from the rightsholder(s), it is therefore difficult to legally emulate these works. However, games often have several rightsholders that are in some cases near impossible to identify or locate – particularly with regard to older games. This paper therefore focuses on these so-called orphan video games and examines whether (and to what extent) they are covered by the directive on certain permitted uses of orphan works 2012/28/EU (Orphan Works Directive). As complex works with software and audiovisual components, it is difficult to classify video games in their entirety. The Orphan Works Directive, however, only covers certain categories of works. This paper therefore analyses 1) whether video games in their entirety can be considered types of works that fall under the directive, i.e. audiovisual or cinematographic works, and 2) whether the provisions of the orphan work exception are suitable for the specifics of these complex, “multimedia” works.

How to Build an Orphanage, and Why

Currently, lawmakers on both sides of the Atlantic are struggling with the problem of orphan works. In the impact assessment of its proposal for a directive of the European Parliament and of the Council on certain permitted uses of orphan works, the Eurpean Commission mentions six possible ways of dealing with the problem. Three of the six (a statutory exception to copyright; extended collective licensing; an orphan-specific license granted by collecting societies) have each had their heyday during the past few years. This article examines how and why these changes in popularity occurred. In addition, it explains why a limitation on remedies would be the most adequate solution for the problem in Europe.

Cultural Heritage Online? Settle It in the Country of Origin of the Work

This article examines the conditions under which a system of extended collective licensing (ECL) for the use of works contained in the collections of cultural heritage institutions (CHIs) participating in Europeana could function within a cross-border basis. ECL is understood as a form of collective rights management whereby the application of freely negotiated copyright licensing agreements between a user and a collective management organisation (“CMO”), is extended by law to non-members of the organisation. ECL regimes have already been put in place in a few Member States and so far, all have the ability to apply only on a national basis. This article proposes a mechanism that would allow works licensed under an ECL system in one territory of the European Union to be made available in all the territories of the Union. The proposal rests on the statutory recognition of the “country of origin” principle, as necessary and sufficient territory for the negotiation and application of an ECL solution for the rights clearance of works contained in the collection of a cultural heritage institution, including orphan works.

The works of John Otway, consisting of his plays, poems, and letters. With a sketch of his life, enlarged from that written by Dr. Johnson.

I. Alcibiades. Don Carlos, prince of Spain. Titus and Berenice. The cheats of Scapin. Friendship in fashion. The soldier's fortune.--II. The atheist; or, The second part of The soldier's fortune. The orphan. The history and fall of Caius Marius. Venice preserved. Poems and letters.

The works of Mr. Thomas Otway : containing his plays, poems, and love-letters.

v. 1. Alcibiades. Don Carlos. Titus and Berenice. Friendship in fashion. The soldiers fortune.--v. 2. The atheist. The orphan. Caius Marius. Venice preserved.

Water Treatment Plant Sludge Discharge to Wastewater Treatment Works: Effects on the Operation of Upflow Anaerobic Sludge Blanket Reactor and Activated Sludge Systems

This experiment examined the effects of the discharge of water treatment plant (WTP) sludge into the following three types of wastewater treatment systems: a pilot-scale upflow anaerobic sludge blanket (UASB) reactor, a pilot-scale activated sludge system, and a full-scale activated sludge sequencing batch reactor (SBR). The UASB reactor received 50 mg of suspended solids ( SS) of WTP sludge per liter of wastewater in the first phase, and, in the second phase, it received 75 mg SS/L. The pilot-scale activated sludge system received 25 and 50 mg SS/L in the first and second phases, respectively. The full-scale WWTP ( SBR) received approximately 74 mg SS/L. The results of the experiments showed that, despite some negative effects on nitrification, there were positive effects on phosphorus removal, and, furthermore, there was the addition of solids in all systems. Water Environ. Res., 82, 392 ( 2010).

Site works, Hill House, Chapel Hill, Brisbane

Terracing of site in preparation for construction.

HISTORIOGRAPHY OF PSYCHOLOGY IN BRAZIL: Pioneer Works, Recent Developments

The evolution of the historiography of psychology in Brazil is surveyed, to describe how the field has evolved from the seminal works of the pioneer, mostly self-taught, psychologists, to the now professional historians working from a variety of theoretical models and methods of inquiry. The first accounts of the history of psychology written by Brazilians and by foreigners are surveyed, as well as the recent works made by researchers linked to the Work Group on the History of Psychology of the Brazilian Association of Research and Graduate Education in Psychology and published in periodicals such as Memorandum and Mnemosine. The present historiography focuses mainly the relationship of psychological knowledge to specific social and cultural conditions, emphasizing themes such as women`s participation in the construction of the field, the development of psychology as a science and as a profession in education and health, and the development of psychology as an expression of Brazilian culture and of the experience of resistance of local communities to domination. To reveal this process of identity construction, a cultural historiography is an important tool, coupled with methodological pluralism.