禁播电影国内传播的版权问题研究——兼论网络服务商的法律责任

禁播电影,即我国实行电影审查制度下不具备公映资格的电影,不能够在我国境内发行、放映、进口、出口.我国法律实践中仅仅规定了非法传播的刑事责任与行政责任,而没有有关版权人版权的民事责任规定.根据版权相关的国际公约,由于其形式上构成作品而应当享有版权,因此在我国被非法传播的禁播电影版权应该得到确认.禁播电影版权的国内保护具有特殊性,首先它不能够积极地行使版权,但是在非法传播的情况下可以依据电影版权而获得民事赔偿.网络服务商对禁播电影的网络传播承担间接侵权责任,而网络版权侵害中的替代责任的确立更成为了必要.     

The animal advocacy movement in the Baltic states: links to other social justice issues and possibilities for intersectional activism

ABSTRACT

This article focuses on the animal advocacy movement (AAM) in the Baltic countries of Estonia, Latvia, and Lithuania. Taking an intersectional perspective, I examine whether and how key animal activists in the Baltics see links between animal rights and other social justice issues. I also consider how the movement communicates its messages to the general public in settings where ideas around animal justice and possibilities for animal advocacy are relatively recent and unfamiliar. This analysis contributes to debates regarding possibilities for intersectional activism and collaboration between social justice movements in the Baltics and beyond.     

海商法和海事法的联系与区别——兼论海商法学的建立与发展

文章从分析英文admiralty与maritime两词的语源和语义出发,讨论了中国法律框架下"海事"与"海商"的区别,厘清了海商法与海事法的关系,提出海商法体系的构建和完善主要是物权体系和债权体系的构建和完善。     

论我国电影作品著作权的归属

从世界范围来看,电影作品著作权的归属主要有两种立法例,一种是创作者立法例,另一种是制片者立法例。结合我国的著作权制度和法律传统,比较两种立法例的优劣,我国在第三次修订《著作权法》时,应该采纳创作者立法例,规定电影作品的作者享有著作权,制片者通过与作者签订合同获得电影作品的独占使用许可权。     

SKEPTICISM BORDERING ON DISTRUST: FAMILY LAW IN THE HOLLYWOOD CINEMA

This article critiques Hollywood films from the last last 20–30 years that relate to family law. More specifically, this article considers films involving marriage, divorce, child custody, and adoption and focuses on the portrayal of law in those films. While the films are not tightly connected to one another and surely do not share a unified theme, the films do share a surprising skepticism bordering on distrust regarding law, legal procedures, and legal institutions. Hollywood appears to have picked up a general sentiment that family should be a private, intimate sanctuary and is better off without state intrusion through law. The films incorporate this sentiment and also reinforce it by teaching viewers to be leery of law in family matters. Key Points for the Family Court Community:

• 1 Recent Hollywood films include not only abundant portrayals of family life but also numerous examples of family law.
• 2 As a result, these Hollywood films have the potential to educate viewers about family law and to prompt certain normative attitudes about family law.
• 3 In general, Hollywood films invite viewers to be skeptical and even disdainful of family law.

     

在地化关怀、国际化视野、协同化精神——台湾的文化研究特点分析

台湾的文化研究发展有年,呈现出在地化关怀、国际化视野、协同化精神的特点。在地化关怀是台湾文化研究的根本特质,与国际化视野及协同化精神是紧密联系在一起的,它们共同建构了台湾文化研究独立的问题意识和自我主体位置,并对台湾社会产生了深远的影响。这些对我们大陆本土的文化研究有着重要的借鉴意义。     

Editors’ introduction: critical terrorism studies: practice,limits and experience

The articles in this special issue are drawn from papers presented at a conference titled Critical Terrorism Studies: Practice, Limits and Experience. The conference was organised by the Critical Studies on Terrorism Working Group of the British International Studies Association (BISA). The event was supported by both a BISA workshop grant and by Loughborough University’s Centre for the Study of International Governance (CSIG) and was held at Loughborough University from 9–10 September 2013. The conference aimed to explore what we know about terrorism and counterterrorism and importantly to ask how we know it. Reflecting the recent “materialist”, “everyday”, “experiential” and “narrative” turns in the fields of International Relations (IR), Geography and Cultural Theory, the event brought together scholars and practitioners to reflect on practices of research and knowledge production in Critical Terrorism Studies and related fields. The articles in this special issue reflect those aims.     

Internal Validation of Human Mitochondrial DNA Quantification Using Real‐Time PCR

The quantity of mitochondrial DNA (mtDNA) template added for amplification and subsequent dye terminator reactions is critical for obtaining quality sequence data. Validation of a human mtDNA real‐time quantitative PCR (qPCR) assay demonstrated its high degree of reproducibility and precision as well as an extremely sensitive threshold of detection (0.0001 pg/μL or approximately six human mtDNA copies/μL). A study of 35 nonprobative bone and teeth evidence samples revealed that 20 pg of mtDNA template is recommended for successful HV1 and HV2 sequence analysis; however, as little as 0.013 pg can generate a full mtDNA profile when using enhanced amplification reactions. The assay can also detect PCR inhibition and is useful for identifying samples that may benefit from re‐purification. Overall, the assay is an excellent method to quantify mtDNA and is useful for determining the best analytical approach for successful sequencing.     

Assessing the performance of quantity and quality metrics using the QIAGEN Investigator® Quantiplex® pro RGQ kit

The Quantiplex® Pro RGQ kit quantifies DNA in a sample, supports the detection of mixtures and assesses the extent of DNA degradation based on relative ratios of amplified autosomal and male markers. Data show no significant difference in the accuracy and sensitivity of quantification between this and the Promega PowerQuant® System, both detecting the lowest amount of DNA tested, 4 pg. Laboratory controlled mixed male:female DNA samples together with mock sexual assault samples were quantified across a range of mixture ratios. Analysis software detected mixed DNA samples across all ratios for both quantification kits. Subsequent STR analysis using the Investigator® 24Plex QS Kit was able to corroborate mixture detection down to 1:25 male:female DNA ratios, past which point mixtures appeared identical to single-source female samples. Analysis software also detected laboratory degraded DNA samples, with data showing a positive trend between the Degradation Index (DI) and length of time of sonication. When used on ancient remains the assay was able to triage samples for further analysis, and STR profiles were concordant with DNA quantification results in all instances. STR analyses of laboratory-controlled sensitivity, mixture, and degradation studies supports the quality metric obtained from quantification. These data support the use of the Quantiplex® Pro RGQ kit for sample screening and quantification in forensic casework and ancient DNA studies.     

“Un nodo avviluppato”. Rossini’s La Cenerentola as a prototype of multimodal resemiotisation

ABSTRACT

Since its early beginnings in Italy in the sixteenth century, opera has always been a multimodal text, integrating verbal, musical, and stage resources. Verbal resources can be unpacked in lyric verse for vocal pieces in closed form, narrative verse or prose for recitative, and stage directions; musical resources include instrumental and vocal music, whereas stage resources incorporate stage design, singers’ and dancers’ kinesics, and set and costume arrangements. However, opera has been rarely studied in multimodal terms, as it has been mainly explored from musicological standpoints, hence prioritising music and barely taking into account the interplay of other resources. As a case study, epitomising the Golden Age of opera, La Cenerentola by Rossini has been selected, as it exemplifies how the theatrical and compositional conventions of the genre work concurrently with its metatextual components. Stage adaptations will be also analysed in two film operas, that is, Jean-Pierre Ponnelle’s La Cenerentola (Germany, 1981) and Carlo Verdone’s Cenerentola, Una favola in diretta (Italy, 2014). Opera will be interpreted as a prototype of multi-level resemiotisation, also in a critical light, as the libretto is resemiotised (1) as a musical composition; (2) as a mise-en-scène, and (3) as a film opera.