Tag: <span>书架</span>

蔡定剑文集

蔡定剑新著:《民主是一种现代生活

蔡定剑著作:Google Book链接 | 豆瓣网搜索结果

蔡定剑博客:为谁说话,关键是谁决定你

蔡定剑文集:人大与议会网

什么是民主?   [2010-11-11]
什么是民主?   [2010-11-11]
《法制现代化与宪政》  [2010-10-24]
蔡定剑教授文章三篇  [2010-9-15]
《宪政讲堂》  [2010-7-29]

《迈向深嵌在社会与文化中的法律》(王启梁著)

目 录

法律社会学研究的经验路线(代序)/陈柏峰

导言:观察法律与秩序

上篇  行动、文化与秩序

第一章  为了生活使用暴力与暴力对生活的毁灭

第二章  非正式制度的形成及法律失败

第三章  宗教与民间纠纷的发生及解决

第四章  腐败为何发生

第五章  中国“反拐”三十年:制度、实践与社会结构

第六章  网络时代的民意与法律应有之品性

下篇  法律多元、社会控制与秩序

第七章  法律:一个安排秩序的分类体系

第八章  法律能被信仰吗

第九章  从习惯法/民间法研究论社会控制概念在法学研究中的运用

第十章  宗教作为社会控制与村落秩序及法律运作的关联

第十一章  多元社会控制与内生性村落社会秩序的形成

第十二章  传统社会控制的断裂与国家法制的缺席

第十三章  法律移植与法律多元背景下的法制危机

结语:建构中国问题为核心的法学理论

主要参考文献

后  记

在线购买


正式法律处在一个复杂的秩序与意义网络之中,法学只有通过一种多元秩序的时空想象,才能深刻地把握它的力量与软弱、理性与荒谬、成功与失败,才能启发行动者在这种繁复交错的生活格局当中,展开互动与对话,改善法律自身的结构条件与环境。本书运用丰富的田野调查资料,以相当的广度与深度,围绕秩序是如何形成的这个中心问题,透视了法律与多元社会控制之间的复杂关系,揭示了行动的结构性要素。

——出版社推荐语

The Berne Convention – Berlin Act 1908

伯尔尼公约1908年柏林文本

Convention for the Protection of Literary and Artistic Works (Berlin Act, 1908)

This edition published in The Copyright Act, 1911 (UK).

Article 1.
The Contracting States are constituted into an Union for the protection of the rights of authors over their literary and artistic works.

  Article 2.
The expression "literary and artistic works" shall include any production in the literary, scientific or artistic domain, whatever may be the mode or form of its reproduction, such as books, pamphlets, and other writings; dramatic or dramatico-musical works, choreographic works and pantomimes, the acting form of which is fixed in writing or otherwise; musical compositions with or without words; works of design, painting, architecture, sculpture, engraving and lithography; illustrations, geographical charts; plans, sketches, and plastic works relative to geography, topography, architecture or science .

Translations, adaptations, arrangements of music and other reproductions in an altered form of a literary or artistic work as well as collections of different works, shall be protected as original works without prejudice to the rights of the author of the original work.

The contracting countries shall bound to make provision for the protection of the above-mentioned Works.

Works of art applied to industrial purposes shall be protected so far as the domestic legislation of each country allows.

  Article 3.
The present Convention shall apply to photographic works and to works produced by a process analogous to photography. The contracting countries shall be bound to make provision for their protection.

  Article 4.
Authors who are subjects or citizens of any of the countries of the Union shall enjoy in countries other than the country of origin of the work, for their works, whether unpublished or first published in a country of the Union, the rights which the respective law’s do now or may hereafter grant to natives as well as the rights specially granted by the present Convention.

The enjoyment and the exercise of these rights shall not be subject to the performance of any formality; such enjoyment and such exercise are independent of the existence of protection in the country of origin of the work. Consequently, apart from the express stipulations of the present Convention, the extent of protection, as well as the means of redress secured to the author to safeguard his rights, shall be governed exclusively by the laws of the country where protection is claimed.

The country of origin of the work shall be considered to be: in the case of unpublished works, the country to which the author belongs; in the case of published works, the country of first publication; and in the case of works published simultaneously in several countries of the Union, the country the laws of which grant the shortest period of protection. In the case of works published simultaneously in a country outside the Union and in a country of the Union: the latter country shall be considered exclusively as the country of origin.

By published works must be understood, for the purposes of the present Convention, works copies of which are issued by a publisher. The representation of a dramatic or dramatico-musical work, the performance of a musical work,  the exhibition of a work of art, and the construction of a work of architecture shall not constitute a publication.

  Article 5.
Authors being subjects or citizens of one of the countries of the Union who first publish their works in another country of the Union shall have in this latter country the same rights as native authors.

  Article 6.
Authors not being subjects or citizens of one of the countries of the Union, who first publish their works in one of those countries, shall enjoy in that country the same rights as native authors, and in the other countries of the Union the rights granted by the present Convention.

  Article 7.
The term of protection granted by the present Convention shall include the life of the author and fifty years after his death.

Nevertheless, in case such term of protection should not be uniformly adopted by all the countries of the Union, the term shall be regulated by the law of the country where protection is claimed, and must not exceed the term fixed in the country of origin of the work. Consequently the contracting countries shall only be bound to apply the provisions of the preceding paragraph in so far as such provisions are consistent with their domestic laws.

For photographic works and works produced by a process analogous to photography, for posthumous works, for anonymous or pseudonymous works, the term of protection shall be regulated by the law of the country where protection is claimed, provided that the said term shall not exceed the term fixed in the country of origin of the work.

  Article 8.
The authors of unpublished works, being subjects or citizens of one of the countries of the Union, and the authors  of works first published in one of those countries shall enjoy, in the other countries of the Union, during the whole term of the right in the original work, the exclusive right of making or authorizing a translation of their works.

  Article 9.
Serial stories, tales, and all other works, whether literary, scientific, or artistic, whatever their object published in the newspapers or periodicals of one of the countries of the Union may not be reproduced in the other countries without the consent of the authors.

With the exception of serial stories and tales, any newspaper article may be reproduced by another newspaper unless the reproduction thereof is expressly forbidden. Nevertheless, the source must be indicated; the legal consequences of the breach of this obligation shall be determined by the laws of the country where protection is claimed.

The protection of the present Convention shall not apply to news of the day or to miscellaneous information which is simply of the nature of items of news.

  Article 10.
As regards the liberty of extracting portions from literary or artistic works for use in publications destined for educational purposes, or having a scientific character, or for chrestomathies (selections of choice passages from an author or authors), the effect of the legislation of each country of the Union and of special Arrangements existing or to be concluded, between them is not affected by the present Convention.

  Article 11.
The stipulations of the present Convention shall apply to the public representation of dramatic or dramatico-musical works and to the public performance of musical works, whether such works be published or not .

Authors of dramatic or dramatico-musical works shall be protected during the existence of their right over the original  work against the unauthorized public representation of translations of their works.

In order to enjoy the protection of the present Article, authors shall not be bound in publishing their works to forbid the public representation or performance thereof.

  Article 12.
The following shall be specially included among the unlawful reproductions to which the present Convention applies: Unauthorized indirect appropriations of a literary or artistic work, such as adaptations, musical arrangements, transformations of a novel, tale, or piece of poetry into a dramatic piece and vice versa, &c., when they are only the reproduction of that work, in the same form or in another form, without essential alterations, additions, or abridgments, and do not present the character of a new original work.

  Article 13.
The authors of musical works shall have the exclusive right of authorizing (1) the adaptation of those works to instruments which can reproduce them mechanically; (2) the public performance of the said works by means of these instruments.

Reservations and conditions relating to the application of this Article may be determined by the domestic legislation of each country in so far as it is concerned; but the effect, of any such reservations and conditions will be strictly limited to the country which has put them in force.

The provisions of paragraph 1 shall not be retroactive, and consequently shall not be applicable in any country of the Union to works which have been lawfully adapted in that country to mechanical instruments before the coming into force of the present Convention.

Adaptations made in virtue of paragraphs 2 and 3 of the present Article, and imported without the authority of the interested parties into a country where they would not be lawful, shall be liable to seizure in that country.

Article 14.
Authors of literary, scientific or artistic works shall have the exclusive right of authorizing the reproduction and public representation of their works by cinematography.

Cinematograph productions shall be protected as literary or artistic works if, by the arrangement of the acting form or the combinations of the incidents represented, the author has given the work a personal and original character.

Without prejudice to the rights of the author of the original work the reproduction by cinematography of a literary, scientific or artistic work shall be protected as an original work.

The above provisions apply to reproduction or production effected by any other process analogous to cinematography.

  Article 15.
In order that the authors of works protected by the present Convention shall, in the absence of proof to the contrary, be considered as such, and be consequently admitted to institute proceedings against pirates before the Courts of the various countries of the Union, it will be sufficient that their name be indicated on the work in the accustomed manner.

For anonymous or pseudonymous works the publisher, whose name is indicated on the work, shall be entitled to protect the rights belonging to the author. He shall be, without other proof, deemed to be the legal representative of the anonymous or pseudonymous author.

  Article 16.
Pirated works may be seized by the competent authorities of any country of the Union where the original work enjoys legal protection.

In such a country the seizure may also apply to reproductions imported from a country where the work is not protected, or has ceased to be protected.

The seizure shall take place in accordance with the domestic legislation of each country.

Article 17
The provisions of the present Convention cannot in any way derogate from the right belonging to the Government of each country of the Union to permit, to control, or to prohibit, by measures of domestic legislation or police, the circulation, representation, or exhibition of any works or productions in regard to which the competent authority may find it necessary to exercise that right.

  Article 18.
The present Convention shall apply to all works which at the moment of its coming into force have not yet fallen into the public domain in the country of origin through the expiration of the term of protection.

If, however, through the expiration of the term of protection which was previously granted, a work has fallen into the public domain of the country where protection is claimed, that work shall not be protected anew in that country.

The application of this principle shall take effect according to the stipulations contained in special Conventions existing, or to be concluded, to that effect between countries of the Union. In the absence of such stipulations, the respective countries shall regulate, each in so far as it is concerned, the manner in which the said principle is to be applied.

The above provisions shall apply equally in case of new accessions to the Union, and also in the event of the term of protection being extended by the application of Article 7.

  Article 19.
The provisions of the present Convention shall not prevent a claim being made for the application of any wider provisions which may be made by the legislation of a country of the Union in favour of foreigners in general.

  Article 20.
The Governments of the countries of the Union reserve to themselves the right to enter into special arrangements  between each other, provided always that such arrangements confer upon authors more extended rights than those granted by the Union, or embody other stipulations not contrary to the present Convention. The provisions of existing arrangements which answer to the above-mentioned conditions shall remain applicable.

  Article 21.
The International Office established under the name of the "Office of the International Union for the Protection of Literary and Artistic Works" shall be maintained.

That office is placed under the high authority of the Government of the Swiss Confederation, which regulates its organization and supervises its working.

The official language of the Office shall be French.

  Article 22.
The International Office collects every kind of information relative to the protection of the rights of authors over their literary and artistic works. It arranges and publishes such information. It undertakes the study of questions of general interest concerning the Union, and by the aid of documents placed at its disposal by the different Administrations, edits a periodical publication in the French language on the questions which concern the objects of the Union. The Governments of the countries of the Union reserve to themselves the power to authorize by common accord the publication by the Office of an edition in one or more other languages, if experience should show this to be requisite.

The International Office will always hold itself at the disposal of members of the Union with the view to furnish them with any special information which they may require relative to the protection of literary and artistic works.

The Director of the International Office shall make an annual report on his administration, which shall be communicated to all the members of the Union.

Article 23
The expenses of the Office of the International Union shall be shared by the contracting countries. Until a fresh decision is arrived at, they cannot exceed the sum of 60,000 fr. a year. This sum may be increased, if necessary, by the simple decision of one of the Conferences provided for in Article 24.

The share of the total expense to be paid by each country shall be determined by the division of the contracting and acceding countries into six classes, each of which shall contribute in the proportion of a certain number of units, viz. : —

1st class   25 units.

2nd „       20 „

3rd „       15 „

4th „       10 „

5th „       5 „

6th „       3 „

These coefficients are multiplied by the number of countries of each class, and the total product thus obtained gives the number of units by which the total expense is to be divided. The quotient gives the amount of the unit of expense.

Each country shall declare, at the time of its accession, in which of the said classes it desires to be placed.

The Swiss Administration prepares the Budget of the Office, superintends its expenditure, makes the necessary advances, and draws up the annual account which will be communicated to all the other Administrations.

  Article 24.
The present Convention may be submitted to revisions in order to introduce therein amendments calculated to perfect the system of the Union.

Questions of this kind, as well as those which are of interest to the Union in other respects, shall be considered in Conferences to be held successively in the countries of the Union by delegates of the said countries. The Adminis-  tration of the country where a Conference is to meet prepares, with the assistance of the International Office, the work of the Conference. The Director of the Office shall attend at the sittings of the Conferences, and shall take part in the discussions without the right to vote.

No alteration in the present Convention shall be binding on the Union except by the unanimous consent of the countries composing it.

  Article 25.
States outside the Union which make provision for the legal protection of rights forming the object of the present Convention may accede thereto on request to that effect.

Such accession shall be notified in writing to the Government of the Swiss Confederation, who will communicate it to all the other countries of the Union.

Such accession shall imply full adhesion to all the clauses and admission to all the advantages provided by the present Convention. It may, nevertheless, contain an indication of the provisions of the Convention of the 9th September, 1886, or of the Additional Act of the 4th May, 1896, which they may judge necessary to substitute, provisionally at least, for the corresponding provisions of the present Convention.

  Article 26.
Contracting countries shall have the right to accede to the present Convention at any time for their Colonies or foreign possessions.

They may do this either by a general Declaration comprising in the accession all their Colonies or possessions, or by specially naming those comprised therein, or by simply indicating those which are excluded.

Such Declaration shall be notified in writing to the Government of the Swiss Confederation, who will communicate it to all the other countries of the Union.

  Article 27.
The present Convention shall replace, in regard to the relations between the Contracting States, the Convention  of Berne of the 9th September, 1886, including the Additional Article and the Final Protocol of the same date, as well as the Additional Act and the Interpretative Declaration of the 4th May, 1896. These instruments shall remain in force in regard to relations with States which do not ratify the present Convention.

The Signatory States of the present Convention may declare at the exchange of ratifications that they desire to remain bound, as regards any specific point, by the provisions of the Conventions which they have previously signed.

  Article 28.
The present Convention shall be ratified, and the ratifications exchanged at Berlin not later than the 1st July, 1910.

Each Contracting Party shall, as regards the exchange of ratifications, deliver a single instrument, which shall be deposited with those of the other countries in the archives of the Government of the Swiss Confederation. Each Party shall receive in return a copy of the procès-verbal of the exchange of ratifications signed by the Plenipotentiaries who took part.

  Article 29.
The present Convention shall be put in force three months after the exchange of ratifications, and shall remain in force for an indefinite period until the termination of a year from the day on which it may have been denounced.

Such denunciation shall be made to the Government of the Swiss Confederation. It shall only take effect in regard to the country which made it, the Convention remaining in full force and effect for the other countries of the Union.

  Article 30.
The States which shall introduce in their legislation the duration of protection for fifty years contemplated by Article 7, first paragraph, of the present Convention, shall give notice thereof in writing to the Government of the Swiss Confederation, who will communicate it at once to all the other States of the Union.

 The same procedure shall be followed in the case of the States renouncing the reservations made by them in virtue of Articles 25, 26, and 27.

In faith whereof the respective Plenipotentiaries have signed the present Convention, and have affixed thereto their seals.

Done at Berlin, the 13th day of November, 1908, in a single copy, which shall be deposited in the archives of the Government of the Swiss Confederation, and of which duly certified copies shall be transmitted by the diplomatic channel to the contracting countries.

For Germany:

(l.s.)   Dr. K. Von Studt.
(l.s.)   Von Koerner.
(l.s.)   Dungs.
(l.s.)   Goebel Von Harrant.
(l.s.)   Robolski.
(l.s.)   Josef Kohler.
(l.s.)   Osterrieth.

境外互联网上的网络法站点推荐I

  豆按:“境外互联网”这个词汇最近被频繁使用。例句:“XX网站未按照我国法律法规的要求,做好淫秽色情内容的过滤工作,大量境外互联网上的淫秽色情信息通过该网站传播到我境内。”(更多新词请点这里查看)。

  当然,境外互联网上除了这些信息之外,还有很多不低俗的信息。最近几天在听有关IT法的课程,特将课堂上老师们提到的、境外互联网上优秀或者有趣的网站介绍给境内互联网的朋友。(如果你善用链接,会发现介绍的不止列出来的这些)。

 

世界数字图书馆:在互联网上以多语种形式免费提供源于世界各地各文化的重要原始材料。目标之一是缩小国家内部和国家之间的数码技术鸿沟。
 

Craphound.com(英文):科幻小说家Cory Doctorow的个人网站,其作品以双轨方式发行:一是在这个网站上免费下载阅读(使用创作共用协议),二是在书店里销售。类似的,版权法专家、杜克大学公共领域研究中心(CSPD)主任Jame Boyle的著作The Public Domain(《公共领域》)也是以这种双轨方式发行的。为什么这样?根据Prof. Deven Desai的看法,因为Reputation(名气)与著作权法所保护的作品一样,已经成为了一个作者在数字时代的重要资产。

 

关于知识产权和公共领域的多语教育资源系统:提到了CSPD,就介绍一下这个中文页面。

 

Peter Yu (余家明)教授个人网站(英文):他是美国德雷克大学知识产权研究中心主任,香港出生的他同时也是香港大学的访问教授,有许多有关中国知识产权的研究成果,当然他的研究领域不限于中国。这个网站上有大量有价值的资料和链接——不过在利用这些资料前,请也注意他的WebPolicy

 

“数字青少年”项目:这不是课堂上,而是Issac Mao介绍的。如果真的有心考虑孩子的未来建议各位政策制定者们去阅读一下其中的报告。

 

《我的前半生》的后半生

在当代出版史上,溥仪所著我的前半生(点书名订购2006年版)是生命力旺盛的作品。问世四十多年以来,印刷二十多次,累计印数近200万册(还不包括盗版),而且仍然有长盛不衰的趋势。与此同时,这也是一项在中国著作权法历史上极为著名的作品。如果是在知识产权制度较为发达的国家,与该书有关的问题在理论上本来都不大,但由于该书恰恰与中国著作权法发展的历史步调相契合,因而阴差阳错地成为一个著名的案例。

 

作者溥仪于1967年去世,因此这本书的著作财产权将持续到2017年12月31日。以下稍微记录一下这部进入“后半生”的作品的大事年谱:

 

  • 第一版(1960年):為溥傑執筆,記事止於1957年。1960年1月,由新華書店以內部書發行。
  • 第二版(1964年):1963年,李文達執筆於定稿,1964年,由群眾出版社出版。
  • 1980年代,李文達与溥儀后人發生著作權糾紛,前后延续十余年,到1996年,北京高院裁決認定溥儀為《我的前半生》一書的作者,並享有該書的著作權。
  • 完整版(2007):1964年,群众出版社所出版的《我的前半生》(定本)一書中,因當時社會環境和諸多政治原因所致,原稿被刪除了16萬字。2006年,群众出版社所出版的《我的前半生》(全本)將刪除內容全部還原,溥儀在改造過程中的情況、溥儀的打油詩以及占卜的卦辭等內容將首次與讀者見面。
  • 2007年,北京日报报业集团所属同心出版社称其获得溥仪继承人、其弟溥任的代理人授权,已开展该书“同心版”的编辑出版工作。9月,“同心版”的《我的前半生》出版,除出版了1964版溥仪原著外,还同时附带出版了由李淑贤、王庆祥整理的《溥仪日记》(天津人民出版社首版)。
  • 2007年9月25日,《人民法院报》在第4版的位置,发布了北京市西城区中级人民法院的一则《公告》:“本院受理群众出版社申请认定溥仪所著《我的前半生》在其继承人李淑贤去世后为无主财产一案,依法对上述财产发出认领公告,自公告之日起一年内,如果无人认领,本院将依法判决。”
  • 2007年11月23日,中国版权协会学术委员会等单位在人民大学开了个“《我的前半生》著作权问题学术研讨会”。
  • 2008年8月22日,报纸报道,自称为溥仪侄女的金女士来到西城法院,申请认领《我的前半生》版权。金女士称,李淑贤晚年的日常生活由她和丈夫照料,看到法院发布的公告后,她想起李淑贤女士临终前曾交给她一份《委托书》,内容是希望将该书版权拍卖,所得款项用于处理李淑贤和溥仪的身后事务。因有人对该书提出申请认领版权,西城法院依法裁定本案终结。

我的书架:一小堆非专业书(一)

  常年飘动,不敢买书,而且现在对图书馆的依赖也越来越大。不过最近几个月,手头竟然也零零散散地积累起一小堆非专业书——这里的所谓“非专业书”,倒不一定和法律无关,而是你不能拿这些书去当律师工作的指导(点书名可直接前往卓越网):

 

1、《万历十五年(增订本)》,黄仁宇,中华书局2007年重印

内容就不用说了,似乎很多人都知道。上大学的时候买过一本,送给某女同学当生日礼物,被该女同学的女同学嘲笑送书很老土,极郁闷,掐死她的心都有。十年过去了,江湖一片乱麻麻,该书仍然很畅销。

我的书架:中国知识产权专业书籍(一)

注意,我说的是知识产权专业书籍,不是学术书籍。

专利代理实务(第2版)
《专利代理实务(第2版)》

吴观乐 / 2007-5-1 / 知识产权出版社 / 80.0 /
 蔚蓝网68.00元  卓越网66.6元

中国专利代理人、知识产权工作者必备书

  
知识产权案例选编——面向执法司法人员
《知识产权案例选编——面向执法司法人员》

国家保护知识产权工作组 / 2008/ 人民出版社 / 39.0 /
蔚蓝网33.2元

汇集了近年来中国知识产权执法和司法部门在行政执法和司法审判中的典型案例。

  

《电子商务法》(第二版)及教学课件

   普通高等教育国家级十一五规划教材《电子商务法》(第二版)(张楚主编,人大出版社2007年9月版)系人民大学出版社21世纪系列教材中的一本。第一版是张楚教授的个人专著,2001年出版。作为我国最早的电子商务法教材之一,受到了法学专业、电子商务专业及其它各经济、管理专业教师、学生及研究人员的好评,共印了六次。

  第二版是作为普通高等教育国家级十一五规划教材来修订的,包括法豆在内的众人参与其中。现在,这本书的教学课件也已经完成并供公众下载。因此在这里把课件、前言和目录整理在一起。点目录中各章名称即可下载课件。

前 言

        以Blog、RSS、Wiki、P2P等技术广泛应用为代表的Web2.O,使得草根能量得以无尽释放,网络发展正从以提供门户、社区、搜索这些传统类型服务为中心,转移到围绕独立个体的需求开发技术、设计新的服务与商业模式之中。无疑,电子商务的发展也越来越体现出这种个性化的特征,购物、娱乐、交友乃至博客越来越多地被嫁接到电子商务平台之上,经过激情与碰撞、大起与大落、冷静与思索,网络经济正显现出其无穷的生命力与创造力,可以说我们已经走入了电子商务2.O时代。 

        但我们仍要看到电子商务良性发展还存在诸多障碍,“流氓软件”、垃圾邮件充斥网络空间,网络银行交易安全的担忧,电子商务诚信环境的不足……都提醒我们不仅要关注立法层面的完善,更要保障制定法的充分执行以落到实处,而这正是电子商务法学的研究内容和重点。