The meaning of a ”traditional” legal dogmatic method

INSTRUCTIONS FOR THESIS
Apart from the number of pages that we agree on, I need plagiarism report,
including a title page, Abstract, List of Abbreviations, reference page, the paper
needs to be written from scratch, hence 100% original.
Hierarchy and means of separating among sources – give it some thoughts
• Binding and non-binding sources
• International, regional and national legislation
• Priority of case law and statutory instruments
• Placing legal writing (scholarly works)?
• What about Internet sources? (Blogs are normally not regarded are serious sources but they can
still give useful information)
• Treating possible conflicts of laws?
Some methodological questions
• What does your choice of method mean more concretely?
• What is the meaning of scientific, i.e. what difference is there between a legal work and a legal
scientific work?
• And how scientific do you have to be in a Thesis?
• A traditional methodological approach normally
helps to simplify the work.
• What does a ”traditional” legal dogmatic method mean?…
• What other options are there?
• Methods could naturally be combined in different parts of the Thesis to treat different types off
problems
Very Important
• All statements of fact need a reference
• Consistent with formalities
• Beware of unintetinal plagiarism/copying. Thus, be very accurate with citations and references
• Credits to different opinions
1 / 8
General
In order to facilitate double-sided copying, use same margins on the left and on the right hand sides:
• 2.5 – 2,5 cm, top and bottom 2 – 2 cm.
• Top: 2 – 2 cm margin
Font sizes and types – as a principle
• Basically, 12 pt. font size with 1.15-1.5 spacing for the main body of the text.
• 10 pt. in footnotes, and single spacing.
• Times New Roman
• Words or sentences can be emphasised by italics, but do not overdo this.
• Also foreign words and phrases should appear in italics.
New paragraphs
Indicate new paragraphs either by means of:
• a) indentation at the first line of each paragraph (except after quotations, lists or headings); or
• b) inserting a blank line between paragraphs.
Headlines
• Try not to use more than four grades, or possibly five. This means that you can apply 12 pt all
through, e.g.:
• 1. capitals (chapter heading)
• 1 FIRST CHAPTER
• 2. roman bold
• 1.1 Introduction
• 3. roman bold italic
• 1.1.1 Method
• 4. roman not bold
• 1.1.1.1 Use of case law
• 5. roman italic • 1.1.1.1.1)
• Never use just one (1) sub headline! If needed, use an italic sub-heading without numbering.
• Make sure that there is as much (or more) space above the headline as below it.
2 / 8
Quotations
• Shorter quotations (up to four lines) – use quotation marks (’…’)=UK, or (”…”)=US, placed
directly before and after the cited expression.
• For longer quotations – separate from the main text by further indenting and use single-space:
• Quotation marks are then not needed. Quotation marks are then not needed. Quotation marks are
then not needed
• Depending on the phrase cite, use either , or : For instance:
• It was stated that, • He stated:
In the Bibliography – Monographs
• Name of the author Last name first • Title (in italics)
• Edition (if not the first)
• Publisher
• Place of publication
• Year of publication
• Volume number (if a multi-volume work)
• If several books by the same author, start with the oldest.
Periodicals, i.e. law reviews or law journals
• Name of the author of the article
• Title of the article
• Title of the journal in full (in italics), or its abbreviation
• Volume number
• Year of publication
• Full page numbers, (pp. 1-18)
The Reference List
Normally contains of:

  1. Official materials (e.g. EU legislation), but there is basically no need to list national legislation.
  2. Bibliography
  3. Monographs and articles from law reviews (on authors’ names
  4. Website references
  5. List of Cases (could also come first):
  6. EU: Case C-xxx, name[s of parties], ECR (page)
  7. National courts
    3 / 8
    Abbreviations
    • Should be placed before the list of Content.
    • Should contain all short forms used in the work, also if you give the full name of e.g. a
    legislative document the first time you cite it.
    Page
    • Can be referred to by ’, p.’ or ’, pp. Xx’ (if several) or the cited author’s work ’, at’ or just the page
    number after a ’,’…
    Citations in footnotes
    • Basically two ways of citing in footnotes:
    a) Since all the material used in the thesis must be listed in the bibliography, only the
    author’s last name and the page number(s) can be stated in the footnote. If you assign a given
    publication a short name in the Bibliography (’cit. as’), you should use this short form.
    b) The first time a citation appears you state the full reference and the page number(s).
    • As regards subsequent footnotes regarding the same author you may, either:
    − use the author’s last name or a short form respectively and the page number; or
    − use the author’s name/short form, and make a reference to the footnote containing the full
    citation (e.g. ‘supra note 1’), or use the author’s name (’xxx op. cit.’) and the page
    number you refer to.
    Writing guidelines
    Use for instance, the Oxford University pdf referencing guide. Some of it is UK specific but the
    sections on how to use punctuation, how to cite EU materials and how to cite secondary sources are
    useful, at: http://www.law.ox.ac.uk/published/OSCOLA_4th_edn_Hart_2012.pdf
    The EU has published a very good English Style Guide (last uppdated December 2017) that serves
    as a handbook for authors and translators in the European Commission, available at:
    http://ec.europa.eu/translation/writing/style_guides/english/style_guide_ en.pdf
    4 / 8
    OUTLINE CAN BE:
    List of Abbreviations
    Chapter 1: Introduction
    1.1 Background & Problem Description
    1.2 Purpose and Research Questions
    1.3 Method & Material (Legal Sources)
    1.4 Delimitations
    1.5 Terminology
    1.6 Structure (Outline)
    Chapter 2: Legal Situation
    2.1. Intellectual Property in Game Industry: Copyright Protection of a game title by copyright
    2.2. The legal protection of video games
    2.3. Legal Situation in EU Law
    2.4. Right of Publicity (very important, Does this rule has an implementation by EU courts) and
    Transformative use and fair use
    2.5. Dance Moves (Also can be mention player’s goal celebration)
    2.6. Tattoos
    2.7. Avatars
    2.8. Dialogue (not sure whether this can be add)
    2.9. Audio (not sure whether this can be add)
    2.10. Character Shapes And Poses (not sure whether this can be add)
    Chapter 3: Legal Development
    3.1. This case law can be use:
    Case law: Edgar Davids vs. Riot Games.
    Case law: Lindsay Lohan vs. Rockstar
    Case law : the Nintendo case (C-355/12) the issue of circumvention of technological protection
    measures was considered
    (((Of course you’re free to add more chapter or reverse them and name them whatever you want on legal
    development part and even Legal Situation part. These are just suggestions, and you’re the expert.)))
    3.2. Proposals
    Chapter 4: Discussion
    Chapter 5: Concluding remarks
    Reference lists
    List of cases (front or back?)
    Apendices
    5 / 8
    Some Articles which can be helpful
    CASES:
    • Nintendo Case http://curia.europa.eu/juris/document/
    document.jsf;jsessionid=19C6D8783F2CEB5411A15F90C48307CB?
    text=&docid=146686&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=220
    7282
    • Nintendo ruling confirmed lex specialis nature of Software Directive:does this have
    implications for UsedSoft exhaustion?
    http://ipkitten.blogspot.com/2014/01/nintendo-ruling-confirmed-lex-specialis.html
    • Still on the CJEU Nintendo ruling and its implications for the videogame industry
    http://ipkitten.blogspot.com/2014/02/still-on-cjeu-nintendo-ruling-and-its.html
    • Lindsay Lohan v. Take-Two Interactive
    http://the1709blog.blogspot.com/2018/01/law-professors-amicus-brief-filed-in.html
    LEGAL SITUATIONS OF VIDEO GAMES:
    • Video Games: Computer Programs or Creative Works?
    https://www.wipo.int/wipo_magazine/en/2014/04/article_0006.html
    • The Legal Status of Video Games: Comparative Analysis in National Approaches
    https://www.wipo.int/export/sites/www/copyright/en/activities/pdf/
    comparative_analysis_on_video_games.pdf
    • Copyright and related rights
    https://eur-lex.europa.eu/summary/chapter/information_society/3109.html?root=3109
    RIGHT OF PUBLICITY
    • The rights of publicity and privacy http://www.publicdomainsherpa.com/rights-of-publicityand-privacy.html
    • Publicity Right, Personality Right, or Just Confusion? https://papers.ssrn.com/sol3/
    papers.cfm?abstract_id=2997921
    • Tara Reid Files a Right of Publicity Suit Over Use of Likeness on Beer Cans and Slot
    Machines http://the1709blog.blogspot.com/2018/12/tara-reid-files-right-of-publicity-suit.html
    • Lindsay Lohan v. Take-Two Interactive
    http://the1709blog.blogspot.com/2018/01/law-professors-amicus-brief-filed-in.html
    6 / 8
    FAIR USE
    Fair use or plagiarism? A new appropriation dispute http://the1709blog.blogspot.com/2018/10/
    fair-use-or-plagiarism-new.html
    TATTOOS:
    • Hoops, Tattoos, and Video Games https://the1709blog.blogspot.com/2016/02/hoops-tattoosand-video-games.html
    • Tattoo Copyright Infringement Suit Dribbles On http://the1709blog.blogspot.com/2017/08/
    tattoo-copyright-infringement-suit.html
    • Copyright and tattoos: where are we now? http://ipkitten.blogspot.com/2018/09/copyright-andtattoos-where-are-we-now.html
    • Copyright in tattoos in videogames: will a bankruptcy appellate panel tell us all (or at least
    something)? http://ipkitten.blogspot.com/2013/09/copyright-in-tattoos-in-videogames-will.html
    • Judge Refuses to Dismiss Copyright Lawsuit Over LeBron James Tattoo in ‘NBA 2K’
    https://www.hollywoodreporter.com/thr-esq/judge-refuses-dismiss-copyright-lawsuit-tattoosnba-2k-1098620
    • New Tattoo Copyright Infringement Case Filed By Artist Who Inked WWE Wrestler Randy
    Orton https://www.forbes.com/sites/darrenheitner/2018/04/18/new-tattoo-copyrightinfringement-case-filed-by-artist-who-inked-wwe-wrestler-randy-orton/#7626f3124edb
    AVATAR:
    Can you defame an Avatar? Some tentative clues at the beginning of the path…
    http://videogamelaw.allard.ubc.ca/2018/12/30/can-you-defame-an-avatar-some-tentative-clues-atthe-beginning-of-the-path/
    7 / 8
    DANCE MOVES:
    • Copyrighting a dance step? Between a Hard (Milly) Rock and a Copyright Office http://
    the1709blog.blogspot.com/2019/02/copyrighting-dance-step-between-hard.html
    • Rapper Sues the Makers of Fortnite Claiming Copyright Infringement of Dance Moves
    https://www.lexology.com/library/detail.aspx?g=9c122828-471b-4096-b6bd-0aa41ca53022
    • So you think you can dance? Copyright protection of dance moves https://www.lexology.com/
    library/detail.aspx?g=acf52bb4-2dfb-4490-b589-29f629f489ff
    • One Of The People Suing Fortnite Over ‘Stolen’ Dance Steps Gets His Dance Rejected By
    The US Copyright Office https://www.techdirt.com/articles/20190216/13253141615/onepeople-suing-fortnite-over-stolen-dance-steps-gets-his-dance-rejected-us-copyright-office.shtml
    • RAPPER 2 MILLY SUES FORTNITE OVER A CRIBBED DANCE MOVE https://
    www.wired.com/story/rapper-2-milly-sues-fortnite/
    • Alfonso Ribeiro denied copyright to Carlton dance, damaging Fortnite lawsuit https://
    www.gamesindustry.biz/articles/2019-02-15-actor-alfonso-ribeiro-denied-copyright-to-carltondance-damaging-fortnite-lawsuit
    Choreography and Pantomime
    • Copyright Registration of Choreography and Pantomime https://www.copyright.gov/circs/
    circ52.pdf
    8 / 8

This question has been answered.

Get Answer