A book in the public domain is a book without copyright, a book created without a license, or a book whose copyright has expired[20] or has been confiscated. [21] These conditions are cumulative, the legal effect only occurs if all 3 conditions apply. This raises the question of what is meant by “legal act” as defined in Article 3:33 CC on “intent and declaration”: The eminent domain is the right that a government or state has to take property away from someone so that it can be used for public purposes. When a new highway is built, some people often lose part of their land because of a prominent estate. People have been making music for thousands of years. The first system of musical notation, the Mesopotamian Music System, was created 4,000 years ago. Guy of Arezzo introduced Latin notation in the 10th century. [23] This laid the foundation for the preservation of world music in the public sphere, a distinction that was formalized alongside copyright systems in the 17th century. Musicians protected their music notation publications as literary writings, but the performance of copyrighted pieces and the creation of derivative works were not restricted by early copyright laws. Copying was widely used in accordance with the law, but extensions of these laws, which were intended to benefit literary works and meet the replicability of commercial music recording technology, led to stricter rules. Recently, a normative view that copying into music is undesirable and lazy has become popular among professional musicians. In Figure 1, we can also see that a relative right arises only between a limited number of other entities. For example, a contract generally produces two legal effects, namely the legal obligations to which the contract binds the parties.
In the case of a purchase contract, one party must pay the agreed price, the other party must deliver the agreed good or service. Both parties have the legal right for the other party to comply with their legal obligation. However, with the exception of property rights, these rights shall apply only to the Contracting Party concerned. There is no obligation for other entities to comply with agreed legal obligations. Relative rights can only be exercised against certain legal entities. Note that these conditions are cumulative. All conditions must be met. We will now check if ownership of the book will be transferred.
For a delivery, it would be enough for Alice to give the book to Bob. If Alice has entered into a valid sales contract with Bob, there is a valid legal basis or title. However, since Alice is not the owner, she lacks availability. One of the crucial legal powers that the law assigns to property is the power of disposition or freedom to share, sell, give away or even destroy the object of property. It seems that Alice cannot transfer ownership because she has no power of disposition. Remedies are an essential guarantee under administrative law, as they give citizens the power to appeal decisions taken by public authorities to the courts. Such an appeal may or may not suspend the obligation to comply with the decision and should, for example: make it possible to verify the validity or applicability of the legal basis and the manner in which the administration has exercised its powers. Imagine that the tax authorities decide that income above 2017 is €120,000 and levy correlated income tax of €67,000, for example, while another interpretation of what constitutes actual income gives income of €110,000. Without an appeal system, you might be able to ask the tax authority to review the decision, but you do not have the right to present your point of view before an independent tribunal.
Once this court renders its decision, other taxpayers will have a more accurate understanding of how income should be calculated. The system of administrative law remedies thus contributes to legal certainty. In a constitutional democracy, the state must not only (1) act in the public interest, but also (2) act within the limits of the principle of legality, and (3) treat citizens with the same respect and concern. These requirements also apply to criminal law, which includes one of the most invasive competences of the State, namely ius puniendi (right to punishment). Case law often refers to criminal law as a branch of public law, as it constitutes and regulates the conduct of the State. It contains the secondary rules that specify which primary rules are protected by criminalization. This can be seen in the articulation of crimes, for example: “Anyone who commits murder shall be punished by a maximum of 15 years in prison.” This is clearly not a primary rule; This does not mean that murder is prohibited. Instead, it specifies the legal conditions under which sanctions are legal. In this sense, criminal law depends on the vertical relationship between a state and its citizens – as in public law.