"Copyright laws and policies cover many controversial issues that are linked to different disciplines, in science, culture, technology, economics, law and other fields. The concepts and issues in the field are also approached from different perspectives and with different political and economic agen
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das, sometimes in a misleading context, and often in an imprecise manner. For this reason, policymaking in the area of copyright, particularly in developing countries, has at best been guesswork and at worst uninformed. At the international level, debates and rule-making on copyright, as with other IP, are punctuated with propaganda, anecdotes and dogma. This is what Nobel Laureate Joseph Stiglitz and others have called ‘faith-based’ policymaking. Evidence to justify particular policies or laws is rare. Evidence of the real world impact of specific copyright or, for that matter, other IP laws or policies, is almost unheard of. The ACA2K project is unique because the work summarised in this book provides evidence both for policymaking and of the impacts of copyright in the real world. But this book, and the work of the ACA2K project, is not pioneering only because of the illuminating findings in all the eight study countries. It is pioneering also because of the replicable research methodology developed, and the interdisciplinary collaboration in an area that is usually seen as a preserve of lawyers. The project is also of immense importance because of its focus on education and learning materials in Africa, where copyright is always associated with the positive aspects of promoting African music and culture. This research tells us that while copyright laws and policies might have positive effects in one sector, the same is not necessarily universally true. Other project outcomes, such as building networked research capacity on the areas of IP, knowledge governance and development, and the exploratory work on examining the gender aspects of copyright and access, are also ground-breaking." (Foreword)
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"Reunindo uma criteriosa legislação de comunicação social selecionada pelo renomado especialista da matéria, Marcos Alberto Sant Anna Bitelli, esta Coletânea apresenta as mais recentes normas relativas a temas como audiovisual, autor, cultura, informática, internet, jornalismo, propriedade in
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dustrial, publicidade, radiodifusão, software, telecomunicações, TV digital e TV por assinatura. Além do conteúdo que compõe o livro impresso, esta edição traz como novidade o conteúdo exclusivo web, com textos normativos que complementam os temas relativos à matéria tratada neste volume. A obra conta, ainda, com tarjas superiores que identificam cada tema e índices completos - geral, alfabético-remissivo, temático e cronológico " (Descrição da editorial)
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"This paper identifies four primary drivers of proactive disclosure throughout history. The first is the need to inform the public about laws and decisions and the public’s right to be informed, to know their rights and obligations. The second is the public’s demand for the information needed to
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hold governments accountable both at and between elections. The third is the demand for information in order to participate actively in decision-making. The fourth is the provision to the public of information needed to access government services, which has expanded significantly in the past decade with growth of electronic access to services or “egovernment.” [...] The recently adopted legal frameworks which include proactive disclosure regimes (Section 3) point to an emerging standard on the classes of information which should be made available at the core of any national proactive disclosure regime. The national standards are reiterated and complemented by provisions by international international bodies (Section 4). These international provisions make clear that, in addition to having numerous benefits for public bodies and for members of the public, proactive disclosure is an obligation that is part of the right of access to information. From comparing the national and international provisions it is possible to identify a set of 14 core-minimum of classes of information for proactive disclosure." (Executive summary, page 1)
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"Argentinien nimmt in der Rangfolge der Länder, die einen restriktiven Umgang mit Urheberrechten juristisch festgeschrieben haben, weltweit den sechsten Platz ein. Das argentinische Gesetz zum Urheberrecht kennt weder Ausnahmen für Bibliotheken noch für Universitäten. Studenten und Dozenten, die
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auf das Kopieren von Lehrmaterial angewiesen sind, müssen dafür Abgaben an Verwertungsgesellschaften entrichten. Auch die ohne Erlaubnis des Autors erstellte Privatkopie ist eine Straftat. Die MP3-Aufnahme einer CD, die Aufnahme und der Formatwechsel einer audiovisuellen Produktion, der Remix werden zu kriminellen Akten und stehen unter Strafe. Die kulturelle Souveränität und der Zugang zu Kultur sind durch das bestehende Urheberrecht ernsthaft bedroht. Argentina Copyleft! zeigt anhand von Beispielen, wie ein restriktives Urheberrecht den Zugang zu Bildung und Kultur erschwert oder gar unmöglich macht. Es zeigt aber auch die Vielfalt an argentinischen Initiativen, die für einen gerechten Zugang zu Wissen und Information kämpfen." (Klappentext)
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"Este documento expone cuarenta principios con la identificación de las fuentes de doctrina y jurisprudencia comparada con el fin de establecer pautas para la radiodifusión pública, comercial y comunitaria, en el contexto regional actual. Consideramos que este trabajo es un aporte frente a la esc
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asez de bibliografía y desarrollo doctrinario en esta materia en América Latina, sistematizando la jurisprudencia regional e internacional con el fin de generar una base para la definición e implementación de políticas de radiodifusión tendientes a la promoción de la diversidad y el pluralismo." (Preámbulo)
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"This collective report examines the principal dimensions of media policy in 14 European countries (Belgium, Bulgaria, Croatia, Denmark, Estonia, Finland, Germany, Greece, Italy, Romania, Slovakia, Spain, Turkey and the UK), probing into the historical forces, national traditions and distinct politi
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cal and socio-economic contexts in which media policies have emerged and developed. The analysis explores the main instruments for media regulation in the countries under study, and assesses the implications of the established media policy strategies for democratic politics. The country chapters follow a similar structure. Following a brief introduction, the analysis focuses on the media landscape of the countries under review, offering an overview of the national media market (the press, broadcast media, online media and news agencies), as well as a discussion of the status of the journalistic profession and media literacy. The third section presents the major actors involved in media policymaking and proceeds with a succinct presentation and explanation of the national regulatory framework for the media, focusing mainly on structural and content regulation. The final section provides a critical assessment of the principal issues and trends that characterise the media policies of the countries under study, together with an assessment of the degree to which they enable the media to feed the democratic process. The report also contains a chapter discussing the media-related initiatives of the European Union and the Council of Europe, focusing on the interventions that are of relevance and importance to the protection and promotion of media freedom and independence." (Introductory note, page 10)
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"This study provides an overview of the broadcasting environment in the ten countries covered, with a focus on regulatory systems. It outlines the constitutional framework in each country, as well as the status of international law. This is followed by a brief outline of the broadcasting sector in e
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ach country, to provide some background context to help with understanding the regulatory regime. The bulk of the study focuses on the legal framework governing public broadcasting, and the broadcast regulator and its powers and role. The study also touches on new media, particularly the internet, in each country, assessing the extent to which new media are able to serve as an alternative to more traditional broadcasters." (Introduction, page 6)
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"This booklet sets out the issues involved in digital transformation in broadcast media from the viewpoint of African media stakeholders and, especially, community radio stations. It aims to correct widespread misconceptions that analogue radio will have to be switched off in the next five years as
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part of “digital migration”. At the same time, it warns that the digitisation of broadcast television signals has implications for radio stations around the continent. The same goes for digitisation more broadly, as internet growth also has implications for radio stations. The study has been commissioned by the Panos Institute West Africa, which has a particular interest in community radio. In the nature of the subject matter, the scope of this study has had to be wider than community radio – precisely because of the impact of the larger transitions on this sector [...] One key recommendation of this booklet is that there is no rush for African countries to undertake the very costly and highly complex move from analogue to digital TV. Another is that this particular transition is just one process (albeit a very important one) in the wider perspective of building the African Information Society by means of many digital-related changes to communications." (Summary, page 7)
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"This report by Drew Sullivan, a journalist, editor, and media development specialist, explains how lawsuits can force media organizations to censor themselves or limit the distribution of their news content, restricting freedom of expression and thus threatening one of the foundations of democracy.
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Vested political, business, and criminal interests, especially in the developing world, are increasingly using the courts to redress alleged harms, punish journalists and scare off publishers. Sullivan’s report describes the practice, known as “libel tourism,” of shopping worldwide for plaintiff-friendly courts. While the United Kingdom is currently the jurisdiction of choice for many plaintiffs, by publishing online, a media organization faces the risk of a lawsuit in just about any country. Given the wide variety of defamation standards, court practices, and freedom of speech standards, the risks are almost impossible to manage. Leveling the playing field requires the passage of laws in many jurisdictions, better standards and awareness of risks among journalists, and an industry-wide solution to the problems of insurance and legal defense." (https://www.cima.ned.org)
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Publishing and Alternative Licensing Models in Africa (PALM Africa) has been a two-country research programme conducted in South Africa and Uganda, using action research to explore the potential of open access and flexible and open intellectual property licences with the aim of enhancing the impact
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of African publishing.
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"This article analyzes the strategies and the impact of two ‘media movements’ in Latin America — the experiences of civic coalitions working on media policy reform in Uruguay, and advocacy journalism about tobacco control in Argentina — through interviewing the principle actors involved in t
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hese movements and reviewing the literature relevant to them. Media movements refer to a broad set of civic initiatives to transform media structures, practices, and content. The analysis aims to discuss the goals and tactics of civic actions to promote media democracy. The cases show a critical yet pragmatic sensitivity among progressive actors who use advocacy and legislative mechanisms to catalyze changes in media systems. The article has three implications for the study of global media democracy. First, to assess the impact of media movements, it is necessary to understand the press as a field that ‘refracts’ the influence of external forces. The successes and setbacks of media movements suggest the need to understand the conditions that make the media susceptible to civic efforts. Second, the findings bolster the case for conceptualizing the role of the state as an arena for competing interests struggling to influence media systems. Third, the state remains a crucial actor for media democracy in a globalized world. Key decisions affecting media structures and news content remain closely linked to the state." (Abstract)
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