Change search
CiteExportLink to record
Permanent link

Direct link
Cite
Citation style
  • apa
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf
The Legal Position of Correspondence from a Copyright Perspective: With Particular Focus on the Moment of Publication
Jönköping University, Jönköping International Business School, JIBS, Commercial Law.
2011 (English)Independent thesis Advanced level (degree of Master (One Year)), 20 credits / 30 HE creditsStudent thesis
Abstract [en]

Correspondence is written forms of communications, for example, SMS, E-mail, or letters, and when something is written, it may constitute a literary work protected by copyright. As there is no formal procedure for acquiring copyright, it is not always easy to determine when it exists and therefore know how to impose common rules.

In Sweden, the moment of publication of a literary work is when an author makes his work available to the public. This occurs when a work is presented publicly, displayed publicly, or when copies are distributed to the public. This moment is imperative due to the legal effects that enter into force when a work is published. Until the point in time when a work is published, an author has absolute rights to his work, meaning that it is not possible to use a work legally without the author’s consent.

As correspondence is a mean of communication, it is inherent in its nature to be transferred to someone else in order to fulfil its purpose. This means that an author has technically published his work the moment he sends it to someone else. However, arguments are raised in case law that a work cannot be published unless the author has intended it to be.

This thesis concludes that both assessments of when a work is published are in fact correct. The important aspect that has to be considered when assessing if a work is published or not, is the intended usage of the protected work. Consequently, one may use the results of this thesis either as an argument to apply unbiased provisions of law, in accordance to their wording, or to apply subjective assessments on a case-to-case basis, in order to find an optimal solution.

Place, publisher, year, edition, pages
2011. , p. 68
Keywords [en]
Copyright, Correspondence, E-mail, Letter, Public, Publication
National Category
Law (excluding Law and Society)
Identifiers
URN: urn:nbn:se:hj:diva-14345OAI: oai:DiVA.org:hj-14345DiVA, id: diva2:389210
Uppsok
Social and Behavioural Science, Law
Supervisors
Available from: 2011-01-20 Created: 2011-01-19 Last updated: 2011-01-20Bibliographically approved

Open Access in DiVA

The Legal Position of Correspondence from a Copyright Perspective(612 kB)228 downloads
File information
File name FULLTEXT01.pdfFile size 612 kBChecksum SHA-512
f8bf425ec05347eefc757795a17b9eca1806475ce74907d9231b5aec2be7f2f2e2a53415f91be08fe79a39f156b983a5137376db7933fe899f89d002cc3c8c18
Type fulltextMimetype application/pdf

By organisation
JIBS, Commercial Law
Law (excluding Law and Society)

Search outside of DiVA

GoogleGoogle Scholar
Total: 228 downloads
The number of downloads is the sum of all downloads of full texts. It may include eg previous versions that are now no longer available

urn-nbn

Altmetric score

urn-nbn
Total: 293 hits
CiteExportLink to record
Permanent link

Direct link
Cite
Citation style
  • apa
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf