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Legal context. A recent High Court judgment, Fraser-WoodwardLimited v BBC and Brighter Pictures Limited, is of key interestto those that use or advise upon the use of copyright materialfor the purposes of criticism or review. Key points. This case involved the use of newspaper photographsof David and Victoria Beckham in a television documentary aboutthe relationship between celebrities and the press. The programmeillustrated its theme using screenshots of tabloid newspaperpages, which inevitably included a number of photographs. Theclaimant was the copyright holder in respect of a number ofthe photographs, and alleged that their reproduction in theTV programme was an infringement of copyright. The defendantssuccessfully relied upon the fair dealing and incidental inclusiondefences to copyright infringement. Practical significance. Although each fair dealing case willultimately turn on its own facts, Mann J gave a very usefulreview of the state of copyright law in this difficult area. 相似文献
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Eva Erman Niklas Möller 《Critical Review of International Social and Political Philosophy》2019,22(1):103-118
AbstractIn his most recent work, Sangiovanni has retreated from his stronger claims about practice-dependence. Instead of claiming that principles of justice must be practice-dependent, he now expresses his claim in a modal form, arguing that there are several ways in which practices may matter. While merely mapping out the logical space of possibilities seems to look like a modest ambition, the conditions for when practices do matter according to Sangiovanni’s analysis are easily met in actuality. Consequently, if he is right, the practice-dependent approach covers a significant number of political theories. Sangiovanni’s main claim is that higher-level principles with an open texture, which include most higher-level principles in political philosophy, justify a practice-dependent method in the form of a mode of application called ‘mediated deduction,’ according to which a thoroughgoing investigation is made of the nature of the target practice. Our task in this paper is to reject this claim. This is done in two steps. First, we question Sangiovanni’s distinction between instrumental application and mediated deduction, arguing that it remains unclear whether it marks out two sufficiently distinct ‘modes’ to do any theoretical work. Second, we argue that the practice-dependent method is not required even if two such modes are established. 相似文献
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Eva Pils 《Law & social inquiry》2016,41(4):888-916
In the course of urbanization in the People's Republic of China, tens of millions of citizens have experienced expropriations of collectively owned land, expropriations of privately owned buildings, and evictions from urban land in state ownership. Summarily characterizing these measures as takings, I argue, first, that some takings observed have denied evictees dignity, understood as respect for their intrinsic moral worth and moral autonomy, in addition to dispossessing them of their land and homes. Second, in dignity takings, monetary compensation and resettlement schemes may fail to reflect the harm done to evictees by framing disputes over takings as (forced) economic bargains. Third, some victims unable to seek redress through judicial avenues have been driven into extrajudicial protest and resistance. In some cases, resistance can be restorative of dignity, but where repressive state responses to resistance prevent this potential from being realized, the injustice of dignity takings can be further aggravated. 相似文献
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Dominic Gascho R.T. Mária Marosi R.T. Michael J. Thali M.D. Eva Deininger-Czermak M.D. 《Journal of forensic sciences》2020,65(4):1360-1364
Postmortem magnetic resonance imaging (MRI) is rarely used for the radiologic assessment of gunshot injuries, although it has clear advantages over postmortem computed tomography (CT) with regard to the imaging of soft tissue injuries. Another benefit in using MRI is that lodged projectiles composed of nonferromagnetic material such as lead present only marginal metal artifacts compared with severe artifacts on CT. This case report presents CT and MRI findings in a case with two gunshot wounds to the neck: a perforating wound and a nonperforating wound with a lead bullet lodged in the cervical spine. The decedent underwent CT and MRI before the scheduled autopsy. A ring of radiopaque material under the dermis in the fatty tissue was identified at both entrance wounds on CT, which was indicative of contact shots. The perforating gunshot was clearly indicated on CT by bullet fragments along the wound channel through the perforated 6th cervical vertebra and the fractured cricoid cartilage at the exit wound. The second trajectory, however, was only assumed based on the presence of gunshot residues at the entrance wound and the position of the lodged bullet. The radiologic assessment was severely impeded by the metal artifacts on CT. Barely noticeable metal artifacts on MRI allowed for clear visualization of the soft tissue injuries and the ruptured medulla oblongata. Only MRI clarified the soft tissue injuries of the brainstem noninvasively, which could provide specific and graphic information on the rapidity of death and the incapacitation of the victim. 相似文献
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ABSTRACTSla?álek and Svobodová’s paper focuses on the ideology of the Czech Islamophobic movement as seen during the 2015–16 migration crisis. In their analysis of interviews with demonstrators and speeches by leaders of the movement, they discuss first how the movement imagined its enemies, and then describe its vision of positive core values. They conclude that the movement’s key ideological features are: an emphasis on social and civilizational decline (declinism); a return to an assumed naturalness in economic and gender relationships (naturalization); and the open evocation of violence and severity (brutalization). In terms of Rogers Brubacker’s distinction between xenophobic ethno-nationalism in Eastern Europe, and the xenophobic defence of liberal values in the West, Sla?álek and Svobodová find that the Czech case fits the allegedly western pattern better than the eastern one, which may cast doubt on the whole essentialization of distinctions between ‘western’ and ‘eastern’ populisms. 相似文献
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ABSTRACTIn responding to the 2016 reformulation of the United Nation’s Sustainable Development Goals, the development community’s efforts are focused on a sweep of initiatives aiming to promote whole-society, sustainable development. The ambition of the SDGs is inspiring, but also daunting, and does not always sit easily within national models of economic development. This viewpoint profiles two organisations in the south Indian state of Tamil Nadu, that have decades of experience in whole-person development among scheduled tribes and disability communities. Both organisations serve as timely examples of ongoing holistic, whole-person health and development in the context of new ideals and economic realities. 相似文献