Примери за използване на Protected work на Английски и техните преводи на Български
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Colloquial
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Official
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Medicine
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Ecclesiastic
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Ecclesiastic
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Computer
The subject-matter of the resale right is the physical work, namely the medium in which the protected work is incorporated.
No reproduction of a protected work or a brand will be uploaded without the approval from its author, owner, or their beneficiaries.
On the contrary, the hotel is the organisation which intervenes, in full knowledge of theconsequences of its action, to give access to the protected work to its customers.
No reproduction of a protected work or trademark will be published online without the approval of the author, beneficiaries or owner.
The advantage of the protection of the invention is that the owner is entitled to prohibit the use, import,sale of the protected work or the application of the patented method in the country.
No reproduction of a protected work or a brand will be published on-line without authorisation from its owner or his/her/its representatives.
The user makes an act of communication when it intervenes, in full knowledge of the consequences of its action,to give access to a broadcast containing the protected work to its customers.
No reproduction of a protected work or a branded item will be posted online without the agreement of its author, its rights owners or its owner.
Having said that, is there an‘act of communication' where a hyperlink on a website directs to another website,thereby permitting its visitors to access a protected work freely accessible on that other website?
It follows that the use of the protected work must not be extended beyond the confines of what is necessary to achieve the informatory purpose.
According to the case-law of the Court, the requirement of a‘new public' must be satisfied where the communication of the protected work is not made by means of a specific method which differs from the methods used up to that time.
It is understood that the storage of a protected work in digital form in an electronic medium constitutes a reproduction within the meaning of Article 9 of the Berne Convention.
First of all, it should be noted that the wording of Article 5(3)(c), second case, of Directive 2001/29 does not require the rightholder's consent prior to the reproduction orcommunication to the public of a protected work.
It is understood that the storage of a protected work in digital form in an electronic medium constitutes a reproduction within the meaning of Article 9 of the Berne Convention.
Believes that the exception should strike the balance between the interests and rights of the creators and original characters andthe freedom of expression of the user of a protected work who is relying on the exception for caricature, parody or pastiche;
Retriever Sverige also contends that it did not carry out any transmission of any protected work; its action is limited to indicating to its clients the websites on which the works that are of interest to them are to be found.
This holds true for the exemption provided for in art.5(1) of Directive 2001/29, which is a derogation from the general principleestablished by that Directive, namely the requirement of authorisation from the rightholder for any reproduction of a protected work.
In addition, according to paragraph 4 of the order in BestWater International(C‑348/13, EU: C: 2014:2315), the posting online of the protected work and thus its initial communication to the public was not with the authorisation of the copyright holder.
That requirement means that the use of a protected work, for the purposes of public security,must not be dependent on discretionary human intervention by a user of the protected work(see, to that effect, Infopaq International, paragraph 62).
Where content generated or made available by a use r involves the short andproportionate use of a quotation or of an extract of a protected work or other subject-matter for a legitimate purpose, such use should be protected by the exception provided for in this Directive.
On the other hand, where the equipment at issue has been made available to natural persons for private purposes it is unnecessary to show that they have in fact made private copies with the help of that equipment andhave therefore actually caused harm to the author of the protected work.
On the other hand, the Slovak Republic maintains that it is relevant whether the person who posts a hyperlink to a protected work had to be aware that the work had previously been made available to the public without the authorisation of the rightholder.
The Bundesgerichtshof observes that the success of that appeal is dependent on the interpretation of Article 4(1) of Directive 2001/29 andin particular the question whether the distribution right laid down in that provision includes the right to offer the original or a copy of a protected work to the public for sale.
The decision commented that according to the principle"which appears to reflect the current legal situation in copyright law,the act of communication to the public of a copyright protected work takes place not only in the country of origin(emission-State) but also in all the States where the signals can be received(reception-States)" at para.
Whilst it is true that the Court mentioned several times in the grounds of the judgment that‘the copyright holders… authorised the initial communication',(12)no reference is made in the operative part to the issue of whether or not the copyright holder authorised the initial making available of the protected work.
The referring court states that in those cases the Court did not clarify whether the authorisation of the copyright holder to the protected work being made available on the website to which the hyperlink directs has a bearing on the absence of a finding of a communication to the public within the meaning of Article 3(1) of Directive 2001/29.
The Court held that exhaustion of the right of distribution laid down in Article 4(2) Directive 2001/29 covered only the original medium sold with the rightholder's consent(paper poster) andcould not be extended to the new medium incorporating the image of the protected work(painter's canvas).
That additional circumstance in no way alters the conclusion that the provision on a site of a clickable link to a protected work published and freely accessible on another site has the effect of making that work available to users of the first site and that it therefore constitutes a communication to the public.
Thus, with a view to safeguarding the objective of Directive 2001/29, as soon as that person is alerted to that fact by the rightholder or as soon as he becomes aware of it for some other reason,he should avert a further copyright infringement by avoiding any new communication to the public of the protected work.
The present case thus gives the Court an opportunity to determine whether the authorisation by the copyright holder of the making available of the protected work on the other website(‘initial' communication) is essential to a finding that there is no communication to the public within the meaning of Article 3(1) of Directive 2001/29.