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Journal articles on the topic 'Common-law copyright'

Author: Grafiati

Published: 4 June 2021

Last updated: 28 July 2025

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1

Nainggolan, Samuel Dharma Putra, Ni Made Yordha Ayu Astiti, and Diajeng Woro Andini. "COPYRIGHT DAN RIGHT TO COPY (PEMAHAMAN DASAR HAK CIPTA DAN HAK YANG TERKAIT DENGAN HAK CIPTA DALAM BIDANG HAK KEKAYAAN INTELEKTUAL)." HUKUM DAN DINAMIKA MASYARAKAT 20, no. 2 (2022): 1. http://dx.doi.org/10.56444/hdm.v20i2.3551.

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Copyright is a system of rights in the field of Intellectual Property Rights (IPR). In Indonesia, arrangements regarding Copyright are currently governed by Law Number 28 of 2014 Concerning Copyright. Regulates the scope and protection of a work which is the embodiment of human creativity, taste and initiative as God's creatures. Copyright which is an exclusive right attached to the Author in which there are Economic Rights and Moral Rights. Authors and other parties who receive Rights Related to Copyrights can receive economic benefits from an existing copyrighted work (Economic Rights). died

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2

Elechi, Charles Chinedum, and Collins O. Chijioke. "Comparative Analysis of Copyright Regimes in Nigeria, the United States of America and France." Global Journal of Politics and Law Research 12, no. 4 (2024): 14–28. http://dx.doi.org/10.37745/gjplr.2013/vol12n41428.

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This paper deals with a comparative analysis of the copyright regimes Nigeria, the United States of America (U.S.) and France with a view to identifying impart areas from which to derive lessons. The United States is chosen because it is one of the most developed economies where the copyright industry has thoroughly developed to add to the country’s GDP. It has its copyrights roots in the common law, same as Nigeria. France is chosen because, it is a country which is also advanced in copyright development-the place of birth of the first international copyright treaty, the Berne Convention. Thi

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3

Rosta, Muzaki, Mukisa Ben Waibi, Biruma Ivan, et al. "Critical Examination of The Effectiveness of Uganda’s Copyright Law." IDOSR JOURNAL OF CURRENT ISSUES IN ARTS AND HUMANITIES 10, no. 1 (2024): 50–58. http://dx.doi.org/10.59298/idosrjciah/2024/101.5058004.

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This paper critically analyses the effectiveness of Uganda’s copyright law. Uganda's copyright legal regime is not elaborate enough and there is limited knowledge of its existence when it comes to authors of works in Uganda. Lack of proper enforcement of the existing laws is equally what has backtracked the protection of works resulting in widespread infringement and abuse of copyright-protected works under the guise of fair use. In this light, the study calls for an upgrade of technology to be done to help to collect societies execute the mandate efficiently because copyright infringement tod

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4

Marsella, Marsella, and Jelly Leviza. "Studi Komparasi Hukum atas Perlindungan Hukum Hak Cipta pada Media Elektronik dalam Common Law dan Civil Law." Journal of Education, Humaniora and Social Sciences (JEHSS) 6, no. 3 (2024): 1046–58. http://dx.doi.org/10.34007/jehss.v6i3.2001.

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This article aims to compare the legal protection of copyright in electronic media in common law and civil law. This research adopts normative legal research methods. This method is used to understand, explain, and evaluate normative aspects of the legal system. The research results show that the Common Law system relies on precedents and previous court decisions as the main source of law. Copyright laws may be more general and may evolve through court interpretation. Copyright is automatically granted when a creative work is created without formal registration requirements. Meanwhile, the Civ

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5

Tang, Xiyin. "Privatizing Copyright." Michigan Law Review, no. 121.5 (2023): 753. http://dx.doi.org/10.36644/mlr.121.5.privatizing.

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Much has been written, and much is understood, about how and why digital platforms regulate free expression on the internet. Much less has been written— and even much less is understood—about how and why digital platforms regulate creative expression on the internet—expression that makes use of others’ copyrighted content. While § 512 of the Digital Millennium Copyright Act regulates user-generated content incorporating copyrighted works, just as § 230 of the Communications Decency Act regulates other user speech on the internet, it is, in fact, rarely used by the largest internet platforms—Fa

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6

Deazley, Ronan. "THE MYTH OF COPYRIGHT AT COMMON LAW." Cambridge Law Journal 62, no. 1 (2003): 106–33. http://dx.doi.org/10.1017/s0008197303006251.

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7

Kalinowska-Maksim, Iga. "Wybrane prawnokarne aspekty ochrony praw autorskich." Studia Prawnoustrojowe, no. 44 (January 7, 2020): 195–203. http://dx.doi.org/10.31648/sp.4914.

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This article refers to the issues associated with crimes against intellectual property that are regulated in the act of copyright and related rights.The most relevant questions connected with the application of the regulations, especially article 115 and 116 copyright and related rights and a fewother acts discussed in the text. There was also an elaboration of the fundamental rights that are protected by this act. The topic, which was frst elaborated from the theoretic view, was further collated with controversial practical examples. Development of the technology may cause problems with theap

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8

Enderle, Jonathan Scott. "Common Knowledge: Epistemology and the Beginnings of Copyright Law." Publications of the Modern Language Association of America 131, no. 2 (2016): 289–306. http://dx.doi.org/10.1632/pmla.2016.131.2.289.

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Literary critics' engagement with copyright law has often emphasized ontological questions about the relation between idealized texts and their material embodiments. This essay turns toward a different set of questions—about the role of texts in the communication of knowledge. Developing an alternative intellectual genealogy of copyright law grounded in the eighteenth-century contest between innatism and empiricism, I argue that jurists like William Blackstone and poets like Edward Young drew on Locke's theories of ideas to articulate a new understanding of writing as uncommunicative expressio

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9

Юмашев, Юрий, Yuriy Yumashev, Елена Постникова, and Elena Postnikova. "CONTEMPORARY STATE OF GERMAN COPYRIGHT LAW." Journal of Foreign Legislation and Comparative Law 3, no. 3 (2017): 54–60. http://dx.doi.org/10.12737/article_593fc343b1df17.24854769.

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This article analyzes the common problems of German copyright law (GCL). The authors begin with the concept of copyright law, emphasizing the personal, absolute and inalienable GCL. It operates on the basis of the so-called “monistic doctrine”, whereby its indivisibility and the creative individuality of the author play a vital role. Then the authors describe the sources of GCL (first of all, the Basic Law of Germany, the German Law on Copyright and Related Rights, the International Convention on Copyright, the Agreement on trade-related aspects of intellectual property rights (trips) co

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10

Kim, Gunhee. "Review of Copyright Limitations under the Copyright Act in the Digital Age." Korea Copyright Commission 140 (December 31, 2022): 179–214. http://dx.doi.org/10.30582/kdps.2022.35.4.179.

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Copyright law continues to change its contents according to the process of the development of media technologies, which have also been changing the form of use of works protected by copyright law. This is results from the digital transformation; most of the content including copyrighted works are changed into digital forms. Just as the Printing Revolution in the past brought the era of reproduction, it leads to the era of transition to the ‘Digital’ Revolution. As one of phenomena of transformation, the form of using copyrighted works is changing from downloading for the long-term use to strea

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11

Walker, Keith D. "The Canadian Copyright Law and Common Educational Reprography Practices." Canadian Journal of Education / Revue canadienne de l'éducation 21, no. 1 (1996): 50. http://dx.doi.org/10.2307/1495064.

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12

Petrović, Milica. "Conditions for copyright protection in the law of the United States of America." Strani pravni zivot, no. 1 (2021): 105–17. http://dx.doi.org/10.5937/spz65-29666.

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This paper analyzes various conditions that one spiritual creation must provide in order to be considered an author's work, according to the law of the United States of America. Apart from the peculiarities that are the result of the Anglo-Saxon concept of copyright, there are other specifics such as the special, constitutionally provided, purpose of copyright in promoting learning, preserving the public domain and protecting copyright. Based on the provisions of the Federal Copyright Act (17 U.S.C.) and examples from the case law, the author explains how the originality of a work is interpret

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13

Pratama, Kelvin Adytia, and Dr Brian Amy Prastyo. "ANALYSIS OF COPYRIGHT AS A FIDUCIARY SECURITY LINKED TO POSITIVE LAW IN INDONESIA AND COMPARISON WITH THE UNITED STATES." JURNAL ILMIAH ADVOKASI 12, no. 1 (2024): 94–112. http://dx.doi.org/10.36987/jiad.v12i1.5621.

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Law number 28 of 2014 concerning Copyright stipulates that Copyright as an intangible movable object can be used as an object of fiduciary guarantees. Provisions regarding Copyright as an object of fiduciary security will be implemented in accordance with the provisions of the applicable laws and regulations. However, in reality, this is still being debated by various related parties, especially regarding the mechanism for assessing and binding guarantees, so that until now there has been no party that has provided credit with collateral in the form of a Copyright. This study uses a normative

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14

Nainggolan, Bernard. "LOOKING FOR A NEW PARADIGM IN COPYRIGHT IN INDONESIAN REGULATIONS." Jurnal Pembaharuan Hukum 10, no. 3 (2023): 517. http://dx.doi.org/10.26532/jph.v10i3.36009.

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This research examines the copyright landscape in Indonesia with a focus on regulatory dynamics, public awareness and law enforcement. The research approach uses normative methods and literature reviews to examine the development of copyright law, public moral awareness, and the implementation of policies related to copyright protection. Despite progress in copyright regulations, research shows that copyright infringement remains a serious problem in Indonesia. Piracy practices are still common and accepted as a cultural norm, while copyright law enforcement faces challenges in increasing publ

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15

Weijie, Huang. "Introducing a Levy Scheme to Online Educational Use of Copyrighted Works." Journal of Educational Theory and Management 5, no. 2 (2021): 51. http://dx.doi.org/10.26549/jetm.v5i2.7713.

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It is common for teachers to use others' copyrighted works for the purpose of teaching. The current copyright law in many nations only exempts educational use in the context of offline classroom teaching. The use of others’ copyrighted material in online teaching may still constitute copyright infringement. To protect teachers from the chilling effect of copyright infringement, to safeguard the public's freedom to obtain knowledge, and to ensure the commensurability of the profits and responsibilities of online teaching platforms, this paper proposes a levy scheme for online teaching. Under th

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16

Fahringer, James. "Why the Copyright Act Expressly Preempts State-Level Public Performance Rights in Pre-1972 Recordings." Michigan Technology Law Review, no. 24.2 (2018): 271. http://dx.doi.org/10.36645/mtlr.24.2.why.

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Over the past several years, two former bandmates in the 1960s rock group, The Turtles, have initiated several lawsuits against the popular music streaming services, Pandora and Sirius XM, arguing that the band owns common law copyrights in the sound recordings of its songs, and that these state-level copyrights grant the band an exclusive public performance right in its sound recordings. If accepted, this argument has the potential to significantly distort federal copyright policy because states would not be constrained by any of the balancing features of the Copyright Act, including Digital

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17

Zhang, Feiyang. "Copyright Issues in Artificial Intelligence: A Comprehensive Examination from the Perspectives of Subject and Object." Communications in Humanities Research 15, no. 1 (2023): 172–82. http://dx.doi.org/10.54254/2753-7064/15/20230664.

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In the era of rapid technological advancement, artificial intelligence (AI) has emerged as a transformative force across various domains. However, this widespread integration of AI technology has given rise to complex intellectual property challenges, particularly in the realm of copyright. This paper explores the intricate landscape of AI copyright issues, addressing disputes related to training data, the copyright status of AI entities, and ownership attribution for creative works generated by AI. From an object perspective, AI-generated creations undeniably meet the requirements of original

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18

Li, Yahong, and Weijie Huang. "Taking users' rights seriously: proposed UGC solutions for spurring creativity in the Internet age." Queen Mary Journal of Intellectual Property 9, no. 1 (2019): 61–91. http://dx.doi.org/10.4337/qmjip.2019.01.04.

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The past three centuries have witnessed copyright owners competing with distributors for the flow of income generated by new technologies. However, users have largely been excluded from this cake-cutting copyright game. The neglect of users’ interests has posed a serious challenge in the user generated content (‘UGC’) age. New technologies have empowered users to create UGC, whereas the existing law entitles copyright owners to block users’ access to source materials and allows UGC platforms to exploit UGC without remuneration. This article proposes a two-pronged solution in attempting to stri

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19

Gooch, John Casey. "Bell, T. W. (2014). Intellectual Privilege: Copyright, Common Law, and the Common Good." Journal of Technical Writing and Communication 45, no. 3 (2015): 323–26. http://dx.doi.org/10.1177/0047281615578852.

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20

Yurkowski, Rachel A. "Is Hyde Park Hiding the Truth? An Analysis of the Public Interest Defence to Copyright Infringement." Victoria University of Wellington Law Review 32, no. 4 (2001): 1053. http://dx.doi.org/10.26686/vuwlr.v32i4.5857.

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The existence, or not, of a public interest defence in the sphere of copyright law has been an issue of contention for many years. Due to the comprehensive statutory fair dealing defences available, only a handful of defendants have sought to rely on this defence, which exists at common law. However, when the defence has been raised, the judges have been unable to reach a consensus on its status, scope and indeed availability as a defence to breach of copyright.This paper analyses the extent to which public interest concerns are addressed in statutory copyright law, and presents arguments in s

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21

Padfield, Tim. "Copyright protection of unpublished works in the common law world." Archives and Records 42, no. 1 (2021): 122–24. http://dx.doi.org/10.1080/23257962.2021.1878347.

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22

Parchomovsky, Gideon. "Fair Use, Efficiency, and Corrective Justice." Legal Theory 3, no. 4 (1997): 347–78. http://dx.doi.org/10.1017/s1352325200000847.

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The fair use doctrine is at once the most significant and the most problematic qualification of the copyright owner's right to exclusivity. An affirmative defense against copyright liability, the fair use doctrine legitimates certain unauthorized reproductions of copyrighted materials that would otherwise be regarded as copyright infringements. Notwithstanding its importance, “fair use” continues to be “the most troublesome [doctrine] in the whole law of copyright.” Throughout its long history, neither courts nor legislatures have provided a useful definition of “fair use” nor have they adumbr

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23

Shtefan, Olena. "The concept infringement of subjective copyright: a theoretical aspect." Theory and Practice of Intellectual Property, no. 6 (June 16, 2021): 15–23. http://dx.doi.org/10.33731/62020.233859.

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Shtefan O. The concept infringement of subjective copyright: a theoreticalaspect. The article examines the problem of protection of subjective copyright at the doctrinal level. The source base analyzed in the article revealed the lack of a unified approach to the definition of copyright infringement, the criteria for classifying infringements and their characteristics. The author 's approach to the solution of the outlined problem is offered in the article.In particular, the proposed following definition of copyright infringement is a culpable, unlawful, punishable act (action or omission) tha

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24

Baloyi, J. Joel. "Demystifying the Role of Copyright as a Tool for Economic Development in Africa: Tackling the Harsh Effects of the Transferability Principle in Copyright Law." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, no. 1 (2017): 165. http://dx.doi.org/10.17159/1727-3781/2014/v17i1a2209.

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In the English common law tradition copyright is seen as being in the nature of a property right and thus alienable and transmissible from one person to the other. In contrast, the droit d’auteur system of Continental Europe sees copyright as being an author’s right, which attaches to the personality of the author. However, even in this system a distinction can be made between the monist system (as applies in Germany), which treats both moral rights and economic rights as being inseparable and thus equally inalienable, and the dualist system applicable in France, which distinguishes between mo

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25

Yusdinsyah, Dwi Anugrah. "Perlindungan Hukum Terhadap Hak Kekayaan Intelektual Hak Cipta dalam Perspektif Hukum Pidana." Proceedings Series on Social Sciences & Humanities 17 (July 30, 2024): 274–77. http://dx.doi.org/10.30595/pssh.v17i.1152.

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Indonesia is a country of law, not a country of power. This declaration is clearly explained in Article 1 paragraph (3) of the 1945 Constitution. As a constitutional state, Indonesia has a number of legal provisions. One of the provisions of this law is copyright law. Meanwhile, copyright actually falls within the scope of the Intellectual Property Rights (IPR) Law. This research uses many approaches, including a legal approach which is carried out by examining all legal provisions relating to the legal issues being studied. Apart from that, the conceptual approach also deviates from the persp

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26

Moore, Christopher. "Creative Choices: Changes to Australian Copyright Law and the Future of the Public Domain." Media International Australia 114, no. 1 (2005): 71–82. http://dx.doi.org/10.1177/1329878x0511400109.

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Changes to Australian copyright law introduced under the Australia–United States Free Trade Agreement will diminish the public domain, criminalise common copyright infringing practices and locally introduce significant portions of the controversial 1998 American Digital Millennium Copyright Act. This paper examines these imminent changes to Australian copyright law, with specific attention to the potential effects of the extended duration of copyright protection and the introduction of technological anti-circumvention measures. It argues that public domain-enhancing activities are crucial for

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27

Nguyen, Thi Viet Ha, Thi My An Ngo, Ngoc Duong Tu, Quang Thang Ta, and Thi Phuong Thu Tran. "Encouraging compliance with intellectual property law about film copyright among Vietnamese youth." Journal of Economic and Banking Studies, no. 5 (June 2023): 01–15. http://dx.doi.org/10.59276/jebs.2023.06.2525.

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Watching movies is one of the entertainment forms used by many people because of the convenience and relaxation that this activity brings. However, the phenomenon of watching movies without copyright or infringing intellec- tual property rights is quite common. Therefore, this study was conducted to contribute to promoting compliance with the copyright law of young people in Vietnam. Based on the questionnaire survey, the research has collected 247 valid responses aged 16-30 years old, across all three regions of the North, the Central, and the South of Vietnam. The survey was conducted over o

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28

Moscati, Laura. "Origins, Evolution and Comparison of Moral Rights between Civil and Common Law Systems." European Business Law Review 32, Issue 1 (2021): 25–52. http://dx.doi.org/10.54648/eulr2021002.

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The protection of moral rights embraces the now widespread personal sphere of copyright and originated much later than the economic exploitation of the work itself. Some of its components can be found in the English and German thought between the 17th and 18th centuries and, starting from the early 19th century, would have a substantial development through the contribution of both the French legal scholarship and case law. The legal foundations, in any case, date back to some codifications of the German area and to the earliest international treaties, making it a discipline that did not take i

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29

Nenych, Laura A. "Managing The Legal Risks Of High-Tech Classrooms." Contemporary Issues in Education Research (CIER) 4, no. 3 (2011): 1. http://dx.doi.org/10.19030/cier.v4i3.4115.

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When professors and students utilize the Internet, course web pages, and other online learning tools, much of the material that they make use of is protected by copyright law. A blend of case law and legislation governs the use of online materials and how technology can be used in the classroom and in school-related activities, often creating confusion for content users. Educators and students alike need to be familiar with applicable laws and need to understand the implications of common activities such as using technology in the classroom, conducting research on the Internet, and using multi

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30

Tiyarah Primasari Ahmad, Zamroni Abdussamad, and Waode Mustika. "Perlindungan Hak Cipta terhadap Pengubahan Aransemen Musik Berdasarkan Undang- Undang Nomor 28 Tahun 2014." Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora 1, no. 3 (2024): 39–50. https://doi.org/10.62383/humif.v1i3.263.

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This research discusses the protection of copyright in relation to the alteration of musical arrangements based on Law Number 28 of 2014. The research utilizes a normative research method (legal research) to examine the legal protection of altered musical arrangements in the context of internet media. Through an analysis of the relevant provisions of the law pertaining to the alteration of musical arrangements, the research aims to identify the issues that arise in practice and formulate recommendations to improve and strengthen the protection of copyright in relation to altered musical arrang

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31

Shvarts, L. V., and S. M. Burova. "Current Problems of International Legal Copyright Protection." Theoretical and Applied Law, no. 1 (April 17, 2024): 60–67. http://dx.doi.org/10.22394/2686-7834-2024-1-60-67.

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The article examines the level of international copyright protection from the perspective of such aspects as the urgent nature of copyright protection and the possibility of applying the institution of compulsory license. To this end, the norms aimed at protecting copyright holders in the Russian Federation, the CIS, the European Union and other foreign countries, in particular, in the USA, are analyzed. The most important international conventions in the field of copyright and related rights protection are reflected. The legal basis of the activity of courts in cross-border copyright relation

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32

Wang, Xiang, Zinatul Ashiqin Zainol, and Rasyikah Md Khalid. "Comparative perspective on the Marrakesh Treaty and China’s copyright law: Differences and similarities." Journal of Infrastructure, Policy and Development 8, no. 10 (2024): 6919. http://dx.doi.org/10.24294/jipd.v8i10.6919.

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With the rapid development of globalization and informatization, the role of copyright law in balancing the rights and interests of creators and the public interest is becoming increasingly prominent. This article delves into the similarities and differences between the Marrakesh Treaty and China’s copyright law, particularly in terms of protecting the rights and interests of people with reading disabilities. The Marrakesh Treaty, as an important achievement of the World Intellectual Property Organization (WIPO), provides convenience for people with reading disabilities worldwide to access pub

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Richardson, Megan, and Andrew T. Kenyon. "Sidestepping Copyright: British Fairy Tale Anthologies of the 19th Century." Texas Wesleyan Law Review 12, no. 1 (2005): 81–89. http://dx.doi.org/10.37419/twlr.v12.i1.4.

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One question is how in the golden period of fairy tale anthologising the work of the anthologists escaped the complete influence of copyright law with its paradigm of the individually authored work. The answer, it is suggested, lies, in part, in the early anthologists who formed a folklore society, saw themselves as anthropologists of folk culture, and treated copyright as largely irrelevant for the sake of their perception of the common good, and, in part, in the structure of copyright law itself which does not mandate but simply permits proprietary rights to be asserted.

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Raharjo, Riko Sulung, M. Khoidin, and Ermanto Fahamsyah. "Perlindungan Hukum terhadap Pencipta atas Pencatatan Suatu Ciptaan yang Sama." Lentera Hukum 5, no. 3 (2018): 437. http://dx.doi.org/10.19184/ejlh.v5i3.8809.

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Copyright recognizes a declarative system in which the state automatically protects a creation after it was born without having to be preceded by registration. Article 64 of Copyrights Act Number 28 of 2014 (Copyright Act) states the registration even though it is not a necessity for the creator. This study aims to examine and analyze the legal consequences, forms of legal protection, as well as the future conception of regulations relating to the recording of a work in common by using legal research as its method. The results of the study indicate that the legal consequences on the similar wo

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35

KULINICH, Olha, and Dmytro KONDYK. "THE STANDARD OF ORIGINALITY IN EU AND UKRAINE COPYRIGHT LAW: A COMPARATIVE ASPECT." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 127 (2024): 34–38. http://dx.doi.org/10.17721/1728-2195/2024/1.127-6.

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Background. In the article, a comparative study of the criterion of the originality of the author's work according to the copyright legislation of the EU and Ukraine is carried out in the context of the harmonization of Ukrainian legislation with EU law in this area. Relevance of the study is determined by the active process of harmonization of copyright legislation of Ukraine with EU copyright law, as a result of which the determination of the criterion of originality of the work and its compliance with the provisions of EU copyright law deserves special attention. Purpose of the article is a

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36

Jumayeva, Inji. "Features of the Legal Regime For Computer Programs and Databases in the World's Major Legal Systems." ANCIENT LAND 7, no. 1 (2025): 106–10. https://doi.org/10.36719/2706-6185/43/106-110.

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Legal regimes for computer programs and databases vary around the world, but share common principles for protecting intellectual property. Computer programs are primarily protected by copyright law, while patents for technical innovations are available in jurisdictions such as the US, EU and Japan. Databases may be protected by copyright for creative works and, in some regions, by additional sui generis rights (e.g. in the EU) or by laws specific databases (e.g. in Japan). Challenges include adapting to advances in artificial intelligence, big data and open source technologies, highlighting th

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Karelina, M. M., and N. V. Buzova. "History of the Formation of the Institute of Copyright." Pravosudie / Justice 2, no. 4 (2020): 153–75. http://dx.doi.org/10.37399/2686-9241.2020.4.153-175.

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Introduction. The history of copyright is closely linked to changes in society and the development of social relations in it. A paradigm shift in society leads to a change in attitudes to creative work and its results. The identification of common historical patterns allows us not only to better under¬stand the problems arising in copyright, but also to determine the trends of further development. Materials and Methods. The article analyzes foreign and Russian legislation on copyright in its historical context, starting from the Censorship Statute of 1828, the Copyright Law of 1911 and ending

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Buletsa, S., and V. Chepurnov. "Legal regulation of non-property right to an image." Analytical and Comparative Jurisprudence, no. 5 (November 17, 2023): 207–13. http://dx.doi.org/10.24144/2788-6018.2023.05.36.

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Today, the image of a person occupies the core of the communication process, as it is present everywhere and there are a large number of uses of it every day, whether it is taken professionally or not, and there are countless cases where the image is sold and traded in exchange for money, as the right to an image is the right of the person who presents it to oppose the publication of his or her image and to sell it when necessary. Everyone has the right to an image, regardless of whether it is anonymous or famous. This right is governed by civil law and is therefore different from copyright (w

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Викторов, О. В. "The civil law mechanism of copyright protection on the Internet." Modern scientist, no. 2 (February 15, 2024): 327–32. http://dx.doi.org/10.58224/2541-8459-2024-2-327-332.

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в статье рассматривается отношение государства к различным видам информации. Раскрывается сущность логики российского права в отношении публичной информации и объекта интеллектуальной собственности в сети интернет. Определяются факторы самостоятельного функционирования нормативных документов, связанных с обеспечением сохранности авторского права. Изучается специфика деятельности Роскомнадзора в сфере обеспечения сохранности и законности авторских прав, а также особенности взаимодействия Роскомнадзора с судом в рамках общего гражданско-правового механизма. Рассматривается роль участников интерн

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Qurniawan, Nafirdo Ricky, Fokky Fuad, and Sadino. "Qualification of Copyright as Joint Property Obtained from the Copyrighted Works of Virgoun Songs (Study of Decision No. 1622/PDT.G/2023/PA.JB)." Santhet (Jurnal Sejarah Pendidikan Dan Humaniora) 8, no. 2 (2024): 1333–44. https://doi.org/10.36526/santhet.v8i2.4146.

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Intellectual Property Rights as common property must be shared in principle When a divorce occurs, both in a cumulative lawsuit or a stand-alone lawsuit, but in practice it is not well understood or known in judicial practice in Indonesia, and even still seems foreign. In fact, referring to Article 35 of Law Number 1 of 1974 stipulates that every property acquired during the marriage period is common property, including Intellectual Property Rights, because it is a material right of a part of intangible objects. In the research, the author uses the normative law research method. The issues des

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Malinovska, Iryna. "Classification of copyrighted objects." Law and innovations, no. 3 (35) (September 21, 2021): 126–32. http://dx.doi.org/10.37772/2518-1718-2021-3(35)-17.

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Formulation of the problem. The article is devoted to the classification of copyright objects. Researchers' views on the division of different works into relevant types and groups are analyzed. It is emphasized that copyright objects are in constant dynamics, due to globalization, development of scientific and technological progress, social networks. Recent research on the topic. The characteristics of copyright objects were addressed by the same researchers as O.E. Abramov, I.I. Vishchynets, O.V. Zhilinkova. O.O. Odintsova. O.O. Shtefan, R.B. Shishka, N.E. Yarkina. M.M. Yasharova, etc. Despit

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Malinovska, Iryna. "Classification of copyrighted objects." Law and innovations, no. 3 (35) (September 21, 2021): 126–32. http://dx.doi.org/10.37772/2518-1718-2021-3(35)-17.

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Formulation of the problem. The article is devoted to the classification of copyright objects. Researchers' views on the division of different works into relevant types and groups are analyzed. It is emphasized that copyright objects are in constant dynamics, due to globalization, development of scientific and technological progress, social networks. Recent research on the topic. The characteristics of copyright objects were addressed by the same researchers as O.E. Abramov, I.I. Vishchynets, O.V. Zhilinkova. O.O. Odintsova. O.O. Shtefan, R.B. Shishka, N.E. Yarkina. M.M. Yasharova, etc. Despit

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DOBREVA, Hristina. "Avoiding plagiarism in higher education: legal interpretation and controversies." Annals of the University of Craiova Series Geography 24 (October 15, 2023): 29–36. http://dx.doi.org/10.52846/aucsg.24.03.

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Plagiarism and copyright infringement are intrinsically connected. The paper examines EU law in this area, depicts different types of plagiarism and copyright offences as well as different types of penalties. The focus is on higher education plagiarism and the use of several types of anti-plagiarism software to tackle that problem. Several controversies have been examined and recommendations offered on avoiding some of the common problems.

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BRYHINETS, Oleksandr. "Peculiarities of copyright protection in the conditions of developing the information society." Economics. Finances. Law, no. 8/1 (August 27, 2021): 24–26. http://dx.doi.org/10.37634/efp.2021.8(1).4.

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The paper states that in the global network, any work can be stolen and distributed, because the network provides free copying of information without additional agreements and legal actions. In this situation, the only obstacle is the institution of copyright. But in our country there is no codified legislation that would regulate legal relations in the global network. Existing regulations regulate only certain aspects of network operation. Copyright protection is one of the highest priorities in the field of protection and enforcement of intellectual property in the development of the informa

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Manurung, Oktavia Pitta Marito, and Janpatar Simamora. "Protecting Intellectual Property Rights in the Digital Revolution: Ministry of Law's Role Reviewed." Journal Customary Law 2, no. 2 (2025): 7. https://doi.org/10.47134/jcl.v2i2.3676.

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Intellectual property rights violations are increasingly common in the digital age, resulting from the growth of digital content media. Low public awareness about the risks of access to illegal content is a major factor in intellectual property violations such as data theft, online trading of counterfeit goods. To solve this problem, the government and the general public must proactively increase law enforcement and educate the public on the importance of respecting intellectual property rights. The way digital technology protects intellectual property rights (IPR), has changed due to easier d

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Chung, Yeundek. "Copyright Protection for Applied Artworks and Legal Coordination with Design Protection Law." Wonkwang University Legal Research Institute 41, no. 1 (2025): 143–72. https://doi.org/10.22397/wlri.2024.41.1.143.

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As the commercialization of artistic works increases, the scope of applied artworks under copyright law is expanding. Consequently, the concept and boundaries of design under design protection law have become ambiguous, highlighting the need to coordinate the protection and utilization of applied artworks by considering both copyright law and design protection law. The distinction between fine art and applied art is becoming increasingly blurred, making it more likely that the same work may be classified as either fine art or applied art depending on the context. With the advancement of artifi

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SHCHERBAK, N. V. "EXISTENTIAL FEATURES OF THE CIVIL LEGAL REGIME OF OBJECTS OF COPYRIGHT AND RELATED RIGHTS." Civil Law Review 21, no. 6 (2022): 99–134. http://dx.doi.org/10.24031/1992-2043-2021-21-6-99-134.

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The purpose of this article is to study the essential features of the civil law regime of objects of copyright and related rights, which makes it possible to specify the conditions (criteria) for the protection of the results of intellectual activity at different time periods of historical development and within different legal systems. Moreover, the use of standards for the protection of objects will be analyzed not only in continental copyright and related rights systems, but also in common law countries, where a work is treated not as an idea, but as a thing (commodity) localized in space.

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Osmańska, Monika. "Rola organizacji zbiorowego zarządzania prawami autorskimi w regulacjach prawnych dotyczących utworów osieroconych." Themis Polska Nova 9, no. 2 (2015): 216–42. http://dx.doi.org/10.15804/tpn2015.2.12.

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The role of copyright or related rights collecting societies in legal solutions regarding orphan works. The paper analyses in what way collective management organizations can be useful to solve the problem of so-called orphan works. The issue of orphan works (works whose authors or other rightholders are not known or cannot be located or contacted to obtain copyright permissions) is today one of the most important elements of the debate on the future of copyright law. As the number of orphan works keeps growing it becomes a serious problem which requires to be resolved by creating an appropria

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Delfiyanti. "Perlindungan Hak Cipta Dari Tindakan Pembajakan Software di Tinjau Dari Hukum Nasional." Unes Journal of Swara Justisia 8, no. 3 (2024): 676–88. http://dx.doi.org/10.31933/26mm0z77.

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Technological developments give birth to new creative ideas and create something that never existed before. The digital world is the main medium to make this happen. Every day more than millions of people use or log in to the internet for various purposes, from scientific research to playing interactive games in cyberspace, or from trading or e-commerce to surfing gambling sites. In this case, there is a legal instrument Law no. 28 of 2014 concerning Copyright which applies in Indonesia where one of the objects that receives copyright protection is a computer program, in this case software. Wi

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Knapp, Magdalena. "The Scope of Jurisdiction in Cross-Border Intellectual Property Disputes: Tackling Online Copyright Infringements." Białostockie Studia Prawnicze 27, no. 1 (2022): 159–71. http://dx.doi.org/10.15290/bsp.2022.27.01.10.

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Abstract The aim of this paper is to analyse critically the problems stemming from the current model of enforcing protection in cases of online copyright infringements. The Internet allows for the easy dissemination and exploitation of copyrighted works globally. Remote and immediate access to content may result in simultaneous infringement on a worldwide scale. There is a long history of disputes over the enforcement of protection with regard to online copyright infringement, and while new laws and judgments are passed there are still no effective remedies nor consensus regarding a common app

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