Author's rights and e-learning from the perspective of the European integration
| Author | Carmen Adriana Gheorghe |
| Position | Department of Private Law, <I>Transilvania</I> University of Braşov. |
| Pages | 203-206 |
Page 203
Related to reality, law cannot make abstraction of the practical needs to create and enforce the legal norms. Starting from the study of singular cases, the legal theory is verified by means of the strategies of economic-social development. The quantitative methods in the legal scientific research and in the legal practice are used nowadays for theoretic argumentation, based on the experience acquired as a result of the study of casuistry. Jurimetrics is, in the Western countries, the branch which leaves from the particular, singular cases to decipher and explain the legal phenomenon, in order to suggest decisions and to prognosticate.
The legal computer science offers quickness in proving the decision and it thus improves the decisional process. It is undisputable the fact that the computer use has caused the development of some trends, such as: elaboration and systematization of legislation, legislative record, record of the decisions of legal practice, storage and systematization of legal scientific information, forensic records.
Starting from the view that "any reserve, any preconception concerning the use of quantitative methods in law should be constantly removed", we observe that the legal education cannot be placed outside the technical conditions offered by the information systems.
The name of copyright is equivalent to the notion of author's right. The first act acknowledging the authors' exclusive rights to print their works and to authorizePage 204their printing is The copyright act, promulgated in England in 1709 and known under the name: Statute of Anne.
The copyright system is less or more different from the continental system, but its most characteristic form is represented by the US legislation. The main characteristic of the system is given by the registration of the right in the Copyright register, unlike the European system where the work is protected without fulfilling any formality. In 1955, the USA has signed the Universal Copyright Convention of Geneva. Thus, the distinction from the European law lies in the protected interest and the pursued aim. After the adhesion, the importance of registration has diminished, becoming optional, just as the deposit. The conditions that a work should meet in order to benefit from the copyright protection are the same as those required in the continental system:
- the work should be the result of the author's creative activity - originality;
- the work should have a concrete form of expression, which may be perceived by the human senses - expression;
- the work...
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