Licensing and Regulations
Webpages concerning "Licensing and Regulations"
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Wikipedia-Article "Licensing"
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| Property law |
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| Part of the common law series |
| Acquisition of property |
| Gift · Adverse possession · Deed |
| Lost, mislaid, and abandoned property |
| Bailment · Licence |
| Estates in land |
| Allodial title · Fee simple |
| Life estate · Fee tail · Future interest |
| Concurrent estate · Leasehold estate |
| Conveyancing of interests in land |
| Bona fide purchaser · Torrens title |
| Estoppel by deed · Quitclaim deed |
| Mortgage · Equitable conversion |
| Action to quiet title |
| Limiting control over future use |
| Restraint on alienation |
| Rule against perpetuities |
| Rule in Shelley's Case |
| Doctrine of worthier title |
| Nonpossessory interest in land |
| Easement · Profit |
| Covenant running with the land |
| Equitable servitude |
| Related topics |
| Fixtures · Waste · Partition |
| Riparian water rights |
| Lateral and subjacent support |
| Assignment · Nemo dat |
| Other areas of the common law |
| Contract law · Tort law |
| Wills and trusts |
| Criminal Law · Evidence |
- Licence is also a state of liberty, and is sometimes used as a synonym for licentiousness.
A license (American English) or licence (Commonwealth English) is a document or agreement giving permission to do something.
In law, the document is the evidence of a license to be distinguished from the underlying license which is the actual permission to an act in a way that would be otherwise unlawful. Originally in reference to property, a license was the right of an individual to enter upon the property of another to do an act that would have otherwise been considered illegal as a trespass, such as walking in the woods, hunting game or swimming in the lake. To be distinguished from a license coupled with an interest which is an irrevocable license that granted some interest in land or in a chattel. Such a license could be enforced with an injunction. Licenses can be gratuitous, revokable at will (sometimes called a bare license) or a type of bailment.
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Occupational
Licensing (or Registration) is required of a number of occupations and professions where maintenance of standards is required to protect public safety, for example physicians, psychologists, electricians are licensed in many countries.
Intellectual property
The holder of intellectual property rights such as a copyright, trademark, or patent may (and often does) require that a license be accepted as a condition of being allowed to use, reproduce, or create an instance of the licensed work.
Computer users may think of licenses as in reference to end user licence agreements (EULA), which are claimed by vendors to encumber the user with extra restrictions besides the copyright, as a condition of granting permission under copyright law to use the work. The person who purchases a book normally owns the atoms and the right to resell or lend, but not the copyright to the text. In the United States this right to resell is part of the first-sale doctrine.
Software licenses are often highly restrictive, and most software users do not read them in full. So-called "shrink-wrap" licenses and "click-through" licenses are common. Most limit the number of computers the software can be installed on, the number of users that can use the software, and apply other limitations that are not inherent in the technology. As a result, huge fortunes have been made by selling goods that have a minimal cost of reproduction on a per-item basis.
In the U.S., the first-sale doctrine, Softman v. Adobe [1] and Novell, Inc. v. CPU Distrib., Inc. rule that software sales are purchases, not licenses, and resale, including unbundling, is lawful regardless of a contractual prohibition.
So-called free software licenses and open source licenses are a reaction to what many see as the unfair restrictions of proprietary software licenses.
Character and artwork licensing usually is negotiated between the owner and a licensor and results in a licensing fee payable to the artist or creator based upon the licensor's limitations on use of the licensed artwork. Larger companies with properties that have a proven track record of success can guarantee up-front payments (the "guarantee", in marketing terms) of thousands or millions of dollars from licensors (for example: Looney Tunes by Warner Bros., Harry Potter, Mickey Mouse from Disney, etc.) before products are even manufactured or sold to the public.
Academia
A license is an academic degree in many European universities which is sort of equivalent to the master's degree. Originally, in order to teach at a university, one needed this degree which, according to its title, gave you a license to teach. The name survived despite the fact that nowadays one really needs a doctorate in order to teach at a university. A person who holds a license is called a licentiate. Currently, licenciate degree is a sort of middle-level degree between a master's degree and a doctorate.
See also
External links
- Danish local government rebels against MS license terms
- Licensing Act 2003 - England & Wales
Wikipedia-Article "Regulations"
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Law Portal |
A regulation is a legal restriction promulgated by government administrative agencies through rulemaking supported by a threat of sanction or a fine. This administrative law or regulatory law is in contrast to statutory or case law.
The economics of imposing or removing regulations relating to markets is analysed in regulatory economics.
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Regulation as a legal term
A regulation (as a legal term) is a rule created by an Administration or administrative agency or body that interprets the statute(s) setting out the agency's purpose and powers, or the circumstances of applying the statute.
A regulation is a form of secondary legislation which is used to implement a primary piece of legislation appropriately, or to take account of particular circumstances or factors emerging during the gradual implementation of, or during the period of, a primary piece of legislation.
Other forms of secondary legislation are statutory instruments, statutory orders, by-laws and rules. Some of these (but not all of them) need to be referred back before being implemented, to the primary legislative process.
Type of Regulation
Regulation can occur for various reasons and therefore can be classifed in several broad categories:
- Market Failures - regulation due to inefficiency. Intervention due to a Classical Economics argument to market failure.
- Risk of monopoly
- Collective action/Public Good
- Inadequate Information
- Collective Desires - regulation about collective desires or considered judgements on the part of a significant segments of society
- Diverse Experiences - regulation with a view of providing opportunities for the formation of diverse preferences and beliefs
- Social Subordination - regulation aimed to reduce social subordination of various social groups
- Endogenous preferences - regulation's purpose is to affect the development of certain preferences on an aggregate level
- Irreversibility - regulation that deals with the problem of irreversibility – the problem in which a certain type of conduct from current generations results in outcomes from which future generations may not recover from at all.
- Interest-group transfers - regulation that that results from efforts by self-interest groups to redistribute wealth in their favor
International Experience
United Kingdom
An example in Britain is that there is primary, Central Government legislation covering the operations of Local Authorities. These functions include Education, Social Services, Leisure provision, etc..
In that primary legislation there are provisions to allow Local Authorities to legislate for themselves, within reason and under proper process, on a range of matters in their areas of responsibility. This allows the law to be effectively applied with appropriate flexibility and taking account of local factors. These are often best known by the Local Authority concerned.
Regulations also assist the primary legislative process, the national parliament, to avoid the potential bottleneck of the detailed implementatin of all the laws it produces in all the varying cirumstances throughout the land or throughout the process of their implementation.
France
In French law, the difference between statute law (adopted by the legislative branch) and regulation is of paramount importance when it comes to adoption, amendment or judicial review. The French constitution reserves a number of topics for statute law; in normal times, the executive branch may take decisions on such matters only if it has been specifically authorized by a statute to do so as secondary legislation through decrees, or if it has been specifically and rarely authorized by the legislative branch to do so as primary legislation through ordinances. On all other matters, the executive branch is solely responsible for issuing primary legislation through decrees. Secondary or tertiary legislation may come in the form of arrêtés.
All legislation and regulation issued by the executive, including ordinances not ratified by the legislative branch, is subject to judicial review by the administrative courts (see Conseil d'État).
European Union
EU regulation has a general scope, and is obligatory in all its elements and directly applicable in all Member States of the European Union. Any local laws contrary to the regulation are overruled, as EU Law has supremacy over the laws of the Member States. New legislation enacted by Member states must be consistent with the requirements of EU regulations. For these reasons regulations constitute the most powerful or influential of the EU legislative acts.
Other forms of legislative acts of the European Union (EU) are directives, decisions, recommendations and opinions.
Studies and analysis
Primer on Regulation (Mercatus, 2005) by Susan E. Dudley