Copyright Protection of Fictional Characters in Films: U.K. and U.S. Perspectives
Copyright law grants a commercial monopoly over original expression embodied in fictional characters for a specific time. Thus, the copyrightability of created characters depends on their originality. However, free speech, fair use, and the public domain should not be affected by copyright protection. Conversely, the ideas which the characters are based on are outside the sphere of copyright protection. Problematically, it is not always easy to draw a clear, consistent line distinguishing between the elements of fictional characters which are protected, and those which are not. This paper scrutinises the U.K. and the U.S. Jurisprudence in order to clarify their perspectives on this matter.
Key words: Copyright protection – fictional characters – films – idea/expression dichotomy.
International Competition Law: The Antitrust Damages Directive Feb 2016
This article builds on previous works examining whether private enforcement should be prioritised over public enforcement for breaches of competition law within the EC. Data is analysed from European and national competition authorities case law, and from applicable explanatory documentation.
A new theory is laid out – that for the most efficient outcome both public and private enforcement should be utilised in different situations. Following the statement of intent in Preamble 6, Damages Directive 2014/104, ‘both tools are required to interact to ensure maximum effectiveness of the competition rules’. This article uncovers that the Directive follows the direction of the European competition policy. Case law such as Courage v Crehan, Courage v Crehan, and Kone demonstrate that private effects for damages should be at least as important as public enforcement strategies.
Other solutions–such as costs, proportionate damages, and collective redress–would be more effective than the current design, since the Directive arguably does not go far enough to incentivise private actions for damages.
Keywords: International Competition Law, Antitrust Damages Directive 2016, Courage v Crehan, Kone, damages, private actions
The Resounding Success of the Insurance Act 2015 with a Slight Blemish
Since the Insurance Act 2015 came into effect, it is meaningful for people in the Insurance Industry to be acquainted with certain key changes and/or some reasons of these changes. Official materials, such as Law Commission report relevant to Insurance Contract Law and oral or written evidences from the Bill Committee on Insurance Bill, are selected to deduce what ought to be the judicial practice. A certain amount of prejudication or case law is also of benefit to our perception of the Insurance Act 2015. These materials indicate that the Insurance Act 2015 balances various interests and is going to be impactful around the world. The article is divided into four main parts: the first is an introduction to the principles of fair presentation and proportionate remedy; the second is an analysis of breach of warranty in the context of the new Act; the third examines remedies for fraudulent claims; and the last part looks at how the Act is supplemented by the Enterprise Act 2016 on the issue of compensation of late payment.
Key Words: Insurance Act 2015, Enterprise Act 2016, duty of good faith, fair presentation, warranty, fraudulent claims, late payment.
Violence Against Women in Palestine and Mediocre Accountability
Tamara Tawfiq Tamimi
Violence Against Women (VAW) is a worldwide pervasive phenomenon. This submission makes use of a variety of primary and secondary resources; such as legislation, international law instruments, official statistics, books and book chapters, and journal articles. The focus on VAW will be in the Palestinian context, with occasional reference to “honour” crimes where appropriate. The article will commence in covering the main points of convergence and divergence in the literature available on VAW and “honour” crimes. Further, the occurrence and prevalence of VAW – in Palestine – will be situated and analysed within the social, economic and legal dimensions of patriarchy. An in-depth, critical analysis of the impact of colonialism and neo-liberalism/ capitalism will be employed to deconstruct the factors that underpin VAW. Moreover, this section will highlight the persistence of VAW; shedding light on the absence of alternatives, for women survivors of violence and the role of the legal system. For the purposes of critically engaging with VAW, exclusive focus will be dedicated to the treatment of the penal code applied in Palestinian courts of HRV, and crimes in the Palestinian society. The final part of the paper will tackle “law” as a medium to address VAW, highlighting its importance through showcasing the impact of legal reform efforts—a temporal analysis of progress within this parameter will be employed. To further vindicate the need for comprehensive action in pursuance of gender equality, complementary strategies that feed into the “prevent” component of the due diligence standard, as well as the transformative equality concept of the gender mainstreaming model will be presented; including educational reform, economic empowerment, and rehabilitation of perpetrators. Thus, seeking to identify possible answers for the reasons that make legal reform insufficient to eliminate VAW, and thereafter determine necessary strategies to complement legal reform.
Keywords: Violence Against Women, Palestine, Equality, Civil Society.
Is Pornography Merely Obscene? Feminist Perspectives on the Regulation of Pornography
Feminist legal theory strives, in part, to uncover the ways in which gender shapes law (and vice versa) and propose solutions to change or redirect the law to rectify gender inequality. In this sense, this is a feminist project focusing on the regulation of coercive heterosexual pornography. Traditionally, liberal states around the world, such as the United Kingdom, rely mainly on obscenity law to minimise the dissemination of pornography. However, such an approach is conceptually flawed and, in practice, it will continue to inadequately protect women who are harmed in and through pornography. This is because the traditional approach misunderstands the nature of the damage that flows from pornography and avoids expressly addressing a multitude of indirect harm. Instead, prominent radical feminists view pornography as not merely perversity but also a display and exercise of male dominance. In the light of this understanding, the radical feminist’s approach is to expressly acknowledge that pornography is an issue of gender inequality, and one way to resolve this inequality is through an adjudicatory shift. Specifically, I argue in this paper that adjudication through a dominant/subordinate lens is a preferable alternative that the law and courts should adopt.
Keywords: Radical feminism, liberal feminism, pornography, obscenity law, criminal law, jurisprudence.
Harb v HRH Prince Abdul Aziz Bin Fahd Bin Abdul Aziz \ EWCA Civ 556: Judicial Apparent Bias and How It Affects the Parties
Heneghan v Manchester Dry Docks Ltd: The Limits of the Fairchild Exception