It is actually this suffering and pain caused by violence in marriage that has made some good Catholics to seek for divorce, annulment or separation. This is understandable considering that no one would want to live a life of being beaten, sexual violated and abused. However, the question of divorce, annulment and separation presents serious pastoral challenges to many pastors considering the Church teaching on marriage. In fact, there are people who are angry with the Church and its position on these issues, particularly, with regard to divorce.
For example, one lady friend of mine who for over ten years was living with an abusive husband said to me: “The Catholic Church is heartless…it wanted me to be killed so that that the ‘until death do us apart’ promise comes to fulfilment. ” For my lady friend, this was enough reason for her to go to the Baptist Church, where she could divorce and remarry again. a. ‘Until death do us apart. ’ In the Catholic Church marriage is a permanent relationship created by God and entered into by the free consent of man and woman.
According to the Church, this union is both covenantal and sacramental, and thus, as Pope John Paul II noted, “Demands indissolubility and faithfulness in definitive mutual giving. ” Most significantly, the Church position on divorce is based on it understanding of marriage as a covenant and sacrament. This is because, once two baptized persons enter into this agreement though free consent, their natural bond is elevated to a supernatural sacrament by the pouring of the spirit. In other words, it becomes a sacrament, that is, a visible sign of the unbreakable covenant between Christ and His Church.
It follows according to the Catechism of the Catholic Church that divorce is a grave offence because it claims to break the contract, to which the spouses freely consented, to live with each other until death. Furthermore, the Catholic Church teaches that divorce is immoral as “it introduces disorder into the family and into society. This disorder brings grave harm to the deserted spouse, to children traumatized by the separation of their parents and often torn between them, and because of its contagious effect which makes it truly a plague on society. As I have mentioned earlier, there are people like my lady friend who are angry with the Catholic Church for its position. They feel that the position of the Church is not just outdated, but shows a lack of sensitivity and concern for people. In addition, the whole question of divorce becomes even more complicated with the AIDS pandemic. Hence for the fear of HIV/AIDS there has been an increase in many people, especially, women wanting to ‘quit’ their marriages.
Here I have use the word ‘quit’ to underline the fact that despite the violence some woman could have stayed, among other reasons, for the sake of their children. This is why the statement ‘I stay for my children’ is usually used by many women living with abusive husbands. This is actually understandable considering that no one would want to live a life of being abused or under the threat of catching AIDS in the name of conjugal rights and marriage. It is these kinds of situation of violence in marriage and fear of AIDS that has made the question of divorce a hot debate.
Faced with such situations, the position of the Church on divorce becomes very controversial and emotional, especially for those whose marriages have become unbearable. b. Annulment and Separation In the Church there are two possibilities for people going through such unbearable marriages. They can either have their marriage annulled or they can get separated. The first possibility (annulment) is a judicial decision from the Church that the first marriage never existed and upon recognizing that the marriage was never a valid marriage, declares it null.
In a way annulment has to do with the sacramental nature of the marriage. The process is basically to establishing the fact that the conditions required for marriage to be a true sacrament were not present when the marriage was performed, and therefore it was not a Christian marriage. Among them are the following conditions: either party not having been baptized; the couple were not open to children; no consummation of marriage; one or both partners being forced into marriage.
In the case of violence in marriage, annulment may be difficult to do get due to the fact that this scenario would have arisen post factum, that is, after the fact of marriage. As such, it becomes difficult for the marriage to be annulled since the issue is not whether the marriage is invalid or not, but that it has become unbearable because of the behaviour of the violent and abusive partner. However, in such a case of violence in marriage the second possibility is separation could applicable.
Nonetheless, according to the Church, separation should be considered as a last resort after all other efforts at reconciliation have proved unsuccessful. However, the Church also acknowledges that if there is continuing domestic abuse, or physical or emotional violence, it is important that individuals protect themselves and their children, by separating if necessary. In cases of violence in marriage, this could be one way of addressing the situation, especially, for those who do not want to remarry, but feel that living with an abusive husband is a threat to their life and well being.
Pastorally, the problem of violence in marriage is a serious and critical issue for the Church despite its position on divorce. In many cases, the local Church is usually the first port of call of people looking for help for their marriages. In fact, many abused persons seek help first from the Church because they see it as a safe place. This is why the Bishops of America in their pastoral remarked that Priests, Deacons and Lay Ministers are the first responders to such problems.
They even went to give a frame work of responding to this violence for its pastoral workers and ministers. In it the American Bishops encourage church ministers to see themselves as “first responders” who; •Listen to and believe the victim’s story, •Help her to assess the danger to herself and her children, and •Refer her to counseling and other specialized services. In Africa, it is unfortunate that not much has been done to come up with pastoral mechanism to respond to the problem of violence in marriage. This is despite the fact that violence in marriage is also rampant in Africa.
It presents a serious pastoral challenge, especially, for the ministers and pastoral workers in the field. Another major pastoral challenge the problem of violence in marriage presents is to do with how to break the silence around this sensitive issue. There is no doubt that Church in Africa as a concerned community can help to break the silence by preaching against violence from the pulpit and in church bulletins. Call it what it is, an “intolerable sin. ” Make Domestic Violence Awareness Month every October a call to action against such abuse.
Develop programs that invite your faith community to discuss, learn more, and commit to ending the problem. Since the Church in many cases is usually the face port of call for victims of this violence breaking the silence becomes its fitting task.
Intellectual Property and related rights
Intellectual Property and related rights.
Please answer ALL parts
Critically discuss the introduction of Database Right into law in the European Union following Directive 96/9 EC.
Sioned is an artist whose work involves combining objects and people in particular environments – these are referred to as “installations” in the art world. Typically her work might involve the construction of an object from everyday articles such as desks, computer screens and items of household equipment, held together by a structure created by Sioned out of wood, steel or plastic.
These constructed objects sometimes resemble human or animal forms, or look like houses or natural features. They are not constructed to be permanent. What Sioned does is to build the object at a chosen location, and then take photographs and video of it in that location, together with people. The photographs form a record of the work and are on display in galleries around the country, as well as being reproduced in books and magazines.
Sometimes the people are standing still and the only record of the installation is the photography, but movement and sound form part of some of Sioned’s installations. One example was a piece commissioned by Cardiff Council to publicise the National Eisteddfod, which will be held in Cardiff bay in 2017. This involved a structure resembling a choir of singers constructed from refrigerators together with a number of actors, each contained within a sound-proof glass box, singing a selection of traditional Welsh folk songs (that could not be heard). It was called “Hiraeth” (“hiraeth” is a Welsh word meaning nostalgic longing). Video footage of the installation was taken and a continuous loop of this video, together with still photographs of the installation, is now on show in the Tate Modern gallery in London, with Sioned credited as the artist.
(i) Discuss the intellectual property rights that may exist in “Hiraeth” and in Sioned’s art in general.
“Hiraeth” resulted in quite a lot of positive and negative criticism because of its association with the Eisteddfod. This was good for Sioned’s career, and she has received several new commissions. However, Sioned became concerned that some features of his work are being used for commercial purposes and she is not happy about that.
The gothic rock group “Toxic Wardrobe” have issued a video with their latest song “Belladonna”. This features members of the group singing noiselessly inside glass boxes (“Belladonna” is a purely instrumental piece). The boxes are arranged in a waste disposal site, in the section that houses refrigerators awaiting safe destruction. Sioned complained publicly about this in a magazine interview, and Toxic Wardrobe responded on their blog saying that Sioned was clearly out of touch with the real world. This argument attracted the interest of the national press, and the Sunday Cuppa magazine ran a story about it. This story featured reproductions of Sioned’s still photographs of “Hiraeth” and stills from the “Belladonna” video. The story included some commentary from leading art and cultural critic Ray Thomas. Sioned is not concerned at the content of the story, but is upset because the reproductions of her work at small scale and poor quality in the magazine,
alongside advertisements for cars and nappies, completely removes the artistic context necessary to fully appreciate it.
(ii) Explain whether there is anything Sioned can do about the activities of Toxic Wardrobe and the Sunday Cuppa.
Please answer ALL parts
Critically evaluate the right of authors to object to the derogatory treatment of their works pursuant to ss. 80-83 CDPA 1988.
Tribute band Parachute play cover versions of the legendary 1970’s psychedelic rock band Cress and other similar bands of the time. They also play some of their own original material, which is in the psychedelic style. Their manager, Kyle, takes care to arrange all the necessary permissions in relation to the original music for their gigs. All the band members are Welsh.
In 2015 they toured Eastern Europe, visiting various countries both inside and outside the EU including Hungary and Belarus. They asked their friend Branwen to tour with them and make a film of the tour. Branwen has now finished the post-production work and the world premiere of the film in London is due to happen soon.
Also in 2015 film-maker Roland was making a film about Hungary in the 1970s, a time at which Western music was not approved of in Hungary. Some bands did play Western style psychedelic rock in underground clubs, but they were subject to political persecution. A theme of Roland’s film is the interaction between art, music and politics. Roland decided to shoot his film in the style of a documentary and shot one scene at a Parachute gig in Budapest. The focus of this scene is an argument between the two main characters, but the band can be clearly seen and the music clearly heard in it. During the scene two songs are played, the Cress song “Unicorn”, and “Allegro” which was written by Parachute’s drummer, Chopper.
Roland could not find a distributor for his film and so in 2016 launched a DVD himself. Last month Chopper found out about the DVD when he saw copies of it DVD on sale at a record store in Cardiff. It included the club scene featuring Parachute. Most of the band members object to this on principle as they feel the band’s work is being exploited without the band receiving any reward, and this will interfere with the launch of Branwen’s film, which is imminent. Chopper, however, takes a much more relaxed view and believes that the publicity they will gain from the video will be beneficial to them in the long term. The shop owner told Chopper that the DVD had been purchased from a distributor in Paris
(i) Advise the band members about what rights they will have to stop sales of Roland’s DVD
After the Eastern European tour, Chopper left the band. The remaining band members now have a further problem. They tell you that Belarussian hip-hop artist Mad Igor did a set at a club in Minsk on the same night as Parachute performed there, and was impressed with their music. Igor asked if
he could use Branwen’s recording of their song “Allegro” in one of his songs. The band agreed, provided that their input was acknowledged. Igor’s latest song has been released and is available for download from a number of sites. One of the numbers is “Beetroot”, which makes use of Branwen’s recording of “Allegro”. The CD cover acknowledges Parachute as the performers and Chopper as the composer and lyricist. Beetroot contains violently misogynistic lyrics which Igor has skilfully mixed with the song so that, in part, the original words (which are sung by Sarah, the band’s bassist) make up the message of the song. Sarah is deeply angry that her voice is being used to express Igor’s views and would like to prevent the song from being available. Chopper has lost interest in music and does not care about this issue.
(ii) Advise Sarah and the other remaining band members what rights they may have
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