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Journal articles on the topic 'Copyright Moral rights Australia'

Author: Grafiati

Published: 4 June 2021

Last updated: 31 January 2023

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1

Cantatore, Francina, and Jane Johnston. "Moral Rights: Exploring the Myths, Meanings and Misunderstandings in Australian Copyright Law." Deakin Law Review 21, no. 1 (February 23, 2018): 71. http://dx.doi.org/10.21153/dlr2016vol21no1art727.

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This article examines how moral rights are treated in Australian publishing contracts, and whether this approach is consistent with the expectations of authors, journalists and academics. Although, in theory, moral rights cannot be sold or assigned in Australia, the apparent wide scope for exceptions raises questions of whether there is any real protection afforded to creators under the Copyright Act 1968 (Cth), notably in circumstances that relate to pressure on creators to accept contractual terms in order to get published. Additionally, Australian case law reflects some uncertainty about th

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2

McCutcheon, Jani. "The Honour of the Dead – the Moral Right of Integrity Post-Mortem." Federal Law Review 42, no. 3 (September 2014): 485–518. http://dx.doi.org/10.22145/flr.42.3.3.

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Can the honour of the dead be prejudiced? There is much philosophical debate about whether the dead can, or should, enjoy legal rights. Australia, like many jurisdictions, has apparently bypassed that debate and confers post-mortem moral rights on authors, which endure for at least 70 years after an author's death. The Australian moral right of integrity protects authors from certain conduct in relation to their copyright works, which is prejudicial to their honour or reputation. This deliberate conferral of a posthumous right ostensibly acknowledges that a deceased author's honour can be harm

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3

Rimmer, Matthew. "The Grey Album: Copyright Law and Digital Sampling." Media International Australia 114, no. 1 (February 2005): 40–53. http://dx.doi.org/10.1177/1329878x0511400106.

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In the field of digital sampling, disk jockeys have shown a recent enthusiasm for ‘mash-ups’ — new compositions created by combining the rhythm tracks of one song and the vocal track of another. Most famously of all, DJ Danger Mouse remixed the vocals from Jay-Z's The Black Album and the Beatles' White Album and called his creation The Grey Album. The Grey Album poses a number of difficult issues regarding copyright law and digital sampling. Does such a ‘mash-up’ go beyond the de minimis use of a copyright work? Is The Grey Album protected by the defence of fair use under copyright law because

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4

Potter, Wellett. "Music Mash-Ups: The Current Australian Copyright Implications, Moral Rights and Fair Dealing in the Remix Era." Deakin Law Review 17, no. 2 (February 1, 2013): 349. http://dx.doi.org/10.21153/dlr2012vol17no2art84.

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This article discusses the likely Australian copyright implications of an increasingly popular form of digital music expression: the music mash-up, a majority of which are created from pre-existing audio/sound recordings and video without permission of the copyright owner. In examining this issue, the analysis of the courts in the recent Larrikin music copyright infringement cases are examined. Consideration of the implications of music mash-up creation to moral rights is also considered. In the hypothetical scenario that a music mash-up artist is accused of copyright infringement, considerati

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5

Yu, Peter K. "Moral Rights 2.0." 2013 Fall Intellectual Property Symposium Articles 1, no. 4 (March 2014): 873–900. http://dx.doi.org/10.37419/lr.v1.i4.3.

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When the protection of moral rights is brought up in the United States, commentators have always emphasized the differences between continental Europe and the United States.2 Cases that have been widely used as textbook illustrations include Soc. Le Chant de Monde v. Soc. Fox Europe3 and Turner Entertainment Co. v. Huston.4 While the Anglo-American copyright regime and the French author’s right (droit d’auteur) regime were quite similar in the eighteenth century, 5 the protection of moral rights did not attain formal international recognition until 1928.6 The gap between the U.S. and French sy

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6

Puspasari, Anastasia Theresia. "Tinjauan Konsep Hak Eksklusif dalam Hak Cipta Berdasarkan Teori Hegel." Dialogia Iuridica 13, no. 2 (April 28, 2022): 140–61. http://dx.doi.org/10.28932/di.v13i2.4577.

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Copyright is a protection in a form of an exclusive right which is attached with the creator, including moral rights which are possessed by the creator for the embodiment for their personality in the creation. The referred moral rights are recognized in the international treaties, specifically in Berne Convention and TRIPS Agreement, which put forward the moral rights as a copyright protection. The protection of moral rights evolved from the Continental Europe countries, which recognizes author’s rights. The principle of moral rights could be analyzed with Hegel’s theory from the writing in hi

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7

Gultom, Hosiana Daniel Adrian, Ellora Sukardi, and Serlly Waileruny. "Kajian Terhadap Hak Eksklusif Atas Jingle Dari Perspektif Hak Cipta Dan Merek." Ajudikasi : Jurnal Ilmu Hukum 5, no. 2 (December 25, 2021): 135–50. http://dx.doi.org/10.30656/ajudikasi.v5i2.3978.

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Jingle is included in the category of creation in the form of songs or music under copyright law and is included in the type of sound mark in trademark law. Therefor there is a double legal protection for the jingle, namely copyright and trademark. Copyright law protection uses a declarative system while trademark law protection uses a constitutive system. In copyright law and trademark law there are exclusive rights, namely rights granted by the state to the rightful owner. Exclusive rights in copyright are moral rights and economic rights while exclusive rights in trademarks are called trade

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8

Suka Asih K.Tus, Desyanti. "HAK EKONOMI DAN HAK MORAL KARYA CIPTA POTRET DI SOSIAL MEDIA." VYAVAHARA DUTA 14, no. 1 (September 19, 2019): 12. http://dx.doi.org/10.25078/vd.v14i1.1099.

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<p>Copyright is an exclusive right which contains economic rights and moral rights. Portrait is part of a protected creation. In a portrait that is distributed offline or online through social media, namely economic rights and moral rights that must be presented and adhered to by users. Copyright infragement that still occur for portraits on social media are related to violations of economic and moral rights. The use of portraits on social media without permission for commercial purposes is a form of violation of economic rights. While the form of violations of moral rights over portrait

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9

Sundara Rajan, Mira T. "Moral rights: the future of copyright law?" Journal of Intellectual Property Law & Practice 14, no. 4 (January 31, 2019): 257–58. http://dx.doi.org/10.1093/jiplp/jpz008.

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10

Seadle, Michael. "Copyright in the networked world: moral rights." Library Hi Tech 20, no. 1 (March 2002): 124–27. http://dx.doi.org/10.1108/07378830210733990.

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11

Abdullakhodjaev, Gayrat Talipovich. "Protection Of Moral And Material Rights Of Copyright Subjects." American Journal of Social Science and Education Innovations 03, no. 03 (March 17, 2021): 73–80. http://dx.doi.org/10.37547/tajssei/volume03issue03-12.

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This topic deals with the most common questions about the transfer of copyright to third parties. Violations in the field of copyright in terms of the participation of various subjects and their relationship to objects of copyright legal assessment of the interaction of the author of a work in the field of science, literature and art. Prevention of offenses in the field of copyright.

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12

Svinarky, Irene, and Padrisan Jamba. "TINJAUAN HUKUM MENGENAI HAK CIPTA SEBAGAI HAK MORAL YANG MERUPAKAN HAK EKSKLUSIF TERHADAP PENCIPTA LAGU." eScience Humanity Journal 2, no. 2 (May 21, 2022): 137–42. http://dx.doi.org/10.37296/esci.v2i2.43.

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Copyright is one of the Intellectual Property Rights (IPR) that aims to provide protection to the creator. When discussed about the ownership of a copyright song is different from other rights in IPR, especially regarding moral rights that actually need to be obtained by the songwriter. Therefore, the author is interested in taking the title of Legal Review regarding Copyright Regarding Moral Rights as One of the Exclusive Rights To Songwriters. Based on the title, the purpose of the research raised is: To find out the moral rights obtained by songwriters based on laws and regulations. The nat

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13

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 (December 23, 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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14

Emruli, Safet, Agim Nuhiu, and Besa Kadriu. "Copyright and Copyright Protection." European Journal of Interdisciplinary Studies 2, no. 4 (December 1, 2016): 36. http://dx.doi.org/10.26417/ejis.v2i4.p36-40.

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One of the legal intellectual property disciplines are copyrights which concerns artistic and literary works. Copyright is: bundle of exclusive legal rights that has to do with protection of literary and artistic works. It is granted to authors and artists to protect expressive works against unauthorized reproduction or distribution by third parties. Copyright protect “works”, expression of thoughts and ideas. Literary, dramatic, musical and artistic works must be original, it means not to be a copy. Copyright covers two other types of right: economic rights, the right of the owner to benefit

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15

Emruli, Safet, Agim Nuhiu, and Besa Kadriu. "Copyright and Copyright Protection." European Journal of Interdisciplinary Studies 6, no. 1 (December 1, 2016): 36. http://dx.doi.org/10.26417/ejis.v6i1.p36-40.

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One of the legal intellectual property disciplines are copyrights which concerns artistic and literary works. Copyright is: bundle of exclusive legal rights that has to do with protection of literary and artistic works. It is granted to authors and artists to protect expressive works against unauthorized reproduction or distribution by third parties. Copyright protect “works”, expression of thoughts and ideas. Literary, dramatic, musical and artistic works must be original, it means not to be a copy. Copyright covers two other types of right: economic rights, the right of the owner to benefit

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16

Drobiazko, Volodymyr. "Protection of the rights of performers in accordance with German law." Theory and Practice of Intellectual Property, no. 4 (October 19, 2022): 24–29. http://dx.doi.org/10.33731/42022.265846.

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Keywords: rights of the performer, moral rights, rights to use, communication tothe public, the right of the performer to demand payment of remuneration, the validityperiod of the rights to use The article examines the protection of performers' rights in Germany, introduced by the Act amending copyright regulations of 24 June 1985. The Copyright Act includes Part 2 «Neighboring Rights», section 3 of which deals with the protection of performers' rights, and the law itself is called the «German Copyright and Neighboring Rights Act». The German Law of 10 September 2003 on the regulation of

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17

Wood, Nicholas Stuart. "Protecting Creativity: Why Moral Rights Should be Extended to Sound Recordings under New Zealand Copyright Law." Victoria University of Wellington Law Review 32, no. 1 (March 5, 2001): 163. http://dx.doi.org/10.26686/vuwlr.v32i1.5899.

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Traditionally, moral rights have not extended to the creators of sound recordings under either common law or civil law systems. The somewhat outdated rationale of this exclusion of sound recordings from the ambit of moral rights protection was generally that sound recordings were merely mechanical reproductions of already existing musical works, and hence the recordings lacked sufficient creativity to make them worthy of moral rights protection. In 1996, the WIPO Performances and Phonograms Treaty sought to remedy this anomaly in copyright law by extending the moral rights of paternity and of

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18

Muhamad Harisman. "KEPASTIAN HUKUM HAK CIPTA ATAS KARYA DESAIN ARSITEKTUR DI INDONESIA DIKAITKAN DENGAN PRINSIP ALTER EGO TENTANG HAK CIPTA." Jurnal Poros Hukum Padjadjaran 1, no. 2 (December 7, 2020): 283–302. http://dx.doi.org/10.23920/jphp.v1i2.238.

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ABSTRAK Seiring berkembangan zaman ragam bentuk arsitektur semakin berkembang yang di dorong oleh perkembangan teknologi dan semakin terbatasnya lahan sehingga desain arsitektur dituntut agar dapat menyesuaikan dengan kondisi tersebut. Karya desain arsitektur merupakan bagian dari Kekayaan Intelektual (KI) atau Intellectual Property adalah suatu hak yang timbul bagi hasil pemikiran yangmenghasilkan suatu produk yang bermanfaat bagi manusia. Undang-undang Nomor 28 Tahun 2014Tentang Hak Cipta mengatur mengenai kepemilikan Hak Cipta untuk menjamin hak-hak bagi pemilik hak cipta atas karya a

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19

Newman, Simon, and Wallace Koehler. "Copyright. Moral Rights, Fair Use, and the Online Environment." Journal of Information Ethics 13, no. 2 (September 1, 2004): 38–57. http://dx.doi.org/10.3172/jie.13.2.38.

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20

Moscati, Laura. "Origins, Evolution and Comparison of Moral Rights between Civil and Common Law Systems." European Business Law Review 32, Issue 1 (February 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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21

Nurahmansyah, Karuniawan. "Pertimbangan Kewajiban Prinsip Deklaratif pada Hak Cipta Fotografi Jurnalistik melalui Media Internet." JURNAL RECHTENS 8, no. 1 (June 28, 2019): 21–36. http://dx.doi.org/10.36835/rechtens.v8i1.485.

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The principle of declarative at the applications have to give priority to the announcementearly so that the creation of and find refuge , related on permasalah that occurs especially thejournalist they still have not realized and understand the importance of copyright protectionon works journalistic photography , copyright protection arranged on act number 28 years2014 on copyright .In general to get the protection of the law on the rights of copyright is todo recording the creation of on works copyright , but the registration of the work of thecreation of not as evidence that of that work hav

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22

Makka, Zulvia. "BENTUK PERLINDUNGAN HUKUM TERHADAP PEMEGANG HAK TERKAIT (NEIGHBOURING RIGHTS)." Borneo Law Review 3, no. 1 (October 28, 2019): 20–35. http://dx.doi.org/10.35334/bolrev.v3i1.1011.

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ABSTRAKHak terkait adalah hak yang berkaitan dengan hak cipta yang merupakan hak ekslusif bagi pelaku pertunjukan, producer fonogram, atau lembaga penyiaran. Berdasarkan pengertian hak terkait tersebut maka dapat dipahami bahwa yang merupakan pemilik hak terkait adalah pelaku pertunjukan, produser fonogram (lebih dikenal sebagai produser rekaman), dan lembaga penyiaran. Perlu adanya perlindungan untuk pelaku karena pelaku pertunjukan memiliki hak moral dan hak ekonomi yang terdapat pada pasal 23 UUHC. Yang memuat pada pelaku pertunjukan yang tidak dapat dihilang atau tidak dapat dihapus dengan

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23

Newman, Simon. "Rights, freedoms and phonograms: Moral rights and adaptation rights in music and other copyright works." Computer Law & Security Review 13, no. 1 (January 1997): 22–28. http://dx.doi.org/10.1016/s0267-3649(97)81188-0.

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24

Bespalov, Yuriy F. "ON THE ISSUE OF THE SOCIO-LEGAL, ECONOMIC AND MORAL VALUE OF COPYRIGHT OBJECTS IN THE RUSSIAN FEDERATION FOR HUMAN DEVELOPMENT." Notary 8 (December 17, 2020): 17–19. http://dx.doi.org/10.18572/1813-1204-2020-8-17-19.

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The article explores the question of the sociolegal and moral value of copyright objects. The author concluded that the socio-legal value of these objects is: 1) giving their owners rights and responsibilities, which allows to extract useful properties and to respect the rights of other subjects; 2) providing access to everyone, with some exceptions; 3) promoting human development, including intellectual, and receive knowledge, skills; 4) a steady increase in the effectiveness of copyright mechanisms aimed at implementing the socio-economic goals and objectives of the Russian Federation, and e

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25

Clark, Charles. "The UK Copyright Designs and Patents Act 1988: moral rights." Learned Publishing 3, no. 2 (January 1, 1990): 92–94. http://dx.doi.org/10.1002/leap/30031.

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26

Gorda, AAA Ngurah Sri Rahayu, Ida Ayu Ketut Artami, Putu Eva Ditayani Antari, Kadek Januarsa Adi Sudharma, and Robert Vaisile Moisa. "Legal protection for copyright holders of commercialized remix song cover version." Legality : Jurnal Ilmiah Hukum 30, no. 1 (February 10, 2022): 1–11. http://dx.doi.org/10.22219/ljih.v30i1.17034.

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Copyright is legal and registered work. a copyright holder has two exclusive rights: economic and moral rights. A song or music copyright is one of the copyrights in the realm of art. However, there have been several copyright infringements in the music industry recently, and the cover version of a song is one of many. Many performers cover songs without the consent of original composers. They also sell and buy the music, which has obviously taken away the creator's economic and moral rights. As a result, legal protection for composers is required to prevent future instances of copyright infri

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27

Moertiono, R. July, and Adi Mansar. "NOTARY AUTHORITY IN MAKING AUTHENTIC DEEDS REGARDING COPYRIGHT." Jurnal Pembaharuan Hukum 9, no. 1 (January 16, 2022): 37. http://dx.doi.org/10.26532/jph.v9i1.19996.

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The issue of notary authority in the creation of authentic deeds regarding copyright since the authority of DJKI to directly record copyright. However, in the framework of copyright protection, an authentic notary deed is required to give validity to the copyright. The research method used is normative juridical. The results showed that in the Notary Copyright Act is also authorized to make authentic deeds of the copyright field in order to protect copyright works that will then be recorded to DJKI. In the HCAct, notaries have the authority to make authentic deeds of transfer over copyright. T

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28

Adeney, Elizabeth. "The Sampling and Remix Dilemma: What is the Role of Moral Rights in the Encouragement and Regulation of Derivative Creativity?" Deakin Law Review 17, no. 2 (February 1, 2013): 335. http://dx.doi.org/10.21153/dlr2012vol17no2art83.

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The borrowing and rearrangement of musical content, especially in the digital context, raises difficult questions for copyright law. There is significant community support for a loosening of the restrictions on the derivative (and particularly creative) use of copyright material. Law reform is called for. This paper discusses the possible introduction of a new exception to copyright infringement but notes that in the drafting of any such exception not only the economic rights but also the moral rights of the originating author need to be taken into account.

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29

Herlambang, Dian. "JURIDICIAL REVIEW OF DISASTER RESPONSE DISPUTES IN THE PUBLISHING AGREEMENT FOR COLLEGE OF." Progressive Law Review 1, no. 01 (November 11, 2019): 20–29. http://dx.doi.org/10.36448/plr.v1i01.5.

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Darmajaya Press as one of the publications in Bandar Lampung which is also a part of university publishing. Settlement of copyright disputes is very necessary to know and do to analyze how to resolve copyright disputes both in terms of moral rights and economic rights and also to answer the application of copyright that occurs in the Darmajaya Press publisher. This type of research is normative legal research. This type of research examines the implementation of positive legal provisions, agreements, contracts factually in legal events that occur. This type of research is descriptive in that t

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30

Safarov, Azer Tofig. "Features of the legislation of the Republic of Azerbaijan in the sphere of copyright protection." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 243–49. http://dx.doi.org/10.36695/2219-5521.1.2020.49.

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Copyright protection is a priority orientation in the field of protection of intellectual property rights. Copyright does not allow other people to use the products of creative activity of authors without their permission. Copyright violaton causes the authors both material and moral damage. The copyright protecttion in jurisprudence implies the set of measures aimed at the restoration and recognition of copyright in case of their violation and also it protects the interests of the owner of these rights in violation or contestation of copyrights. The copyright protection is carried out in acco

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31

Serfiyani, Citi Rahmati, Cita Yustisia Serfiyani, Iswi Hariyani, and Devina Tharifah Arsari. "Developers’ Data Protection in the Open-Source Application with the Copyleft License." Lentera Hukum 8, no. 1 (April 24, 2021): 23. http://dx.doi.org/10.19184/ejlh.v8i1.21012.

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Copyright protection of digital products in an open-source system has led to the emergence of copyleft against copyright. Copyleft licenses in open-source serve to impose limits on creations to protect creators' moral rights. At the same time, personal data protection is one part of personal rights amidst the advent of information technology. The development of copyleft products and licenses that usually take place online can potentially lead to violations that harm application developers’ personal data. This paper aimed to characterize copyleft as an antithesis of copyright and analyze legal

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32

Le, Van Anh. "Moral rights and their position in the digital world." Ministry of Science and Technology, Vietnam 64, no. 3 (December 20, 2022): 46–54. http://dx.doi.org/10.31276/vmostjossh.64(3).46-54.

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The proliferation of technology and the internet has made moral rights more vulnerable than ever. Although the digital age plays a significant role in disseminating culture to a larger audience, the online environment also comes with a threat to the author’s personal interests. Their “spiritual children” are more easily under attack. However, under international law, moral rights have not been considered duly. The Berne Convention, the TRIPS Agreement, WIPO Internet Treaties, and even EU Harmonize Directives all shy away from the moral rights issue in the “Digital age”. In an era when technolo

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33

Setiawan, Andry. "DISSEMINATION OF COPYRIGHT LAW IN DIGITAL PRODUCTS IN SEMARANG CITY." Journal of Private and Commercial Law 2, no. 1 (June 28, 2018): 47–54. http://dx.doi.org/10.15294/jpcl.v2i1.14217.

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A creative work created by its creator based on his sense and intention which is supported by his creativity will become an intellectual work with a high economic value. Such creators are like book and song writers who have an ability and idea to produce a work that can be enjoyed by everyone. Based on the principle of justice, it is understood that to produce such work is not an easy task because it requires sacrifice. Therefore, the creator is entitled to economic benefits for his work. An intellectual work having a very high economic value is supposed to get adequate legal protection suppor

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34

Ni Made Harini, I Nyoman Putu Budiartha, and Desak Gde Dwi Arini. "Pelaksanaan Perlindungan Hukum bagi Pemilik Hak Cipta Musik dan Lagu dalam Pembayaran Royalti oleh Yayasan Karya Cipta Indonesia." Jurnal Interpretasi Hukum 2, no. 1 (March 26, 2021): 89–94. http://dx.doi.org/10.22225/juinhum.2.1.3111.89-94.

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Copyright gives an exclusive title to the work of the author which is granted by law as an award. The copyright function protects creators from copyright infringement. This study aims to explain the form of legal protection for music and song copyright owners in royalty payments by the Indonesian copyright works foundation and to describe what factors influence royalty payments and dispute resolution efforts faced by music and song copyright holders in royalty payments by the Karya Foundation. Indonesian copyright. This type of research is an empirical legal research with a conceptual approach

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35

Rosati, E. "An engaging anti-idyll: copyright and moral rights in the UK." Journal of Intellectual Property Law & Practice 6, no. 7 (May 30, 2011): 503–4. http://dx.doi.org/10.1093/jiplp/jpr042.

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36

Putra, Jessica Djaja, Mariska Budialim, Djunita Djunita, and Michelle Yaputri Budiman. "SPEECH COMPOSING MENURUT UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA." JCH (Jurnal Cendekia Hukum) 5, no. 1 (September 30, 2019): 49. http://dx.doi.org/10.33760/jch.v5i1.174.

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Speech Composing is a creation that has not been clearly regulated in Law Number 28 Year 2014 on Copyright. This opens up the possibility of copyright infringement from making Speech Composing. Copyright is an exclusive right of the creator granted by the State automatically after a creation is manifested in its tangible form. This exclusive right consists of the eternal inherent moral rights of the creator and the economic right of creation. Often people think just by putting the name of the creator in his work can prevent him from copyright infringement. Whereas the element of permission is

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37

Situmeang, Asima Trismawati, Saidin ., and T. Keizerina Devi A. "Legal Protection on the Moral Rights and Economic Rights of the Author of Film Script Writing Pursuant to Law No. 28 of 2014 Concerning Copyright (Analysis of Copyright Infringement Case by a Production House of the “ Benyamin Biang Kerok” Film)." International Journal of Research and Review 8, no. 8 (August 29, 2021): 731–39. http://dx.doi.org/10.52403/ijrr.20210896.

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Moral Rights and Economic Rights are Exclusive Rights that cannot be separated in relation to Copyrights. Copyright protects all forms of work, one of which is Film Script Writing as referred to in Article 40 paragraph (1) of Law Number 28 of 2014 concerning Copyright (UUHC). One of the forms of infringement on the copyrighted work of the film script is the reuse of the film script without the permission of the creator, resulting in the loss of the moral rights and economic rights of the creator. The problems in this study are: how to use the principles of Moral Rights and Economic Rights of t

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38

Kencana Wati, Ni Kadek Emy, I. Nyoman Putu Budiartha, and I. Ketut Sukadana. "Hak Cipta Karya Seni Lukis Sebagai Jaminan Fidusia." Jurnal Konstruksi Hukum 2, no. 1 (March 1, 2021): 32–36. http://dx.doi.org/10.22225/jkh.2.1.2963.32-36.

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The use of copyright for painting artworks in the Intellectual Property Law system in Indonesia provides many benefits for painters as copyright owners or copyright holders. A creator or copyright holder has Economic Rights on his work which includes the right to duplicate, display, and lease his work to third parties. Copyright Law No. 28/2014 states that copyright can be used as an object of Fiduciary security. This study aims to determine the characteristics of the copyright of painting works that can be used as fiduciary guarantees to get credit in banking and to analyze the execution of c

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Szymura, Monika. "Employee’s work on the grounds of Polish Copyright Law." Ekonomia i Prawo 20, no. 4 (December 31, 2021): 875–86. http://dx.doi.org/10.12775/eip.2021.052.

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Motivation: Employees’ works are crucial in practice. The validity and need for discussions on the rights of the employer to the employee’s work is justified by the increasing concern for the observance of copyright, and also for employee–employer relations. By entering into an employment relationship, both parties must be aware of their rights and obligations. Aim: This article presents the issue of copyright status of an employee’s work regulated in the Article 12 and 13 of the Act on copyright and related rights. The considerations focus on the legal relationship between the employer

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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 (April 21, 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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Rimmer, Matthew. "Book Review: Moral Rights and Their Application in Australia." Federal Law Review 32, no. 2 (June 2004): 331–36. http://dx.doi.org/10.22145/flr.32.2.8.

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Rimmer, Matthew. "Book Review: Moral Rights and Their Application in Australia." Federal Law Review 32, no. 2 (June 2004): 331–36. http://dx.doi.org/10.1177/0067205x0403200208.

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Charlesworth, Andrew. "Digital Curation, Copyright, and Academic Research." International Journal of Digital Curation 1 (December 2, 2008): 17–32. http://dx.doi.org/10.2218/ijdc.v1i1.3.

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A defining characteristic of contemporary copyright law is the willingness of governments to accept the argument that the impact of digital technologies requires copyright owners to be given ever greater control over the use of their works, regardless of the detriment to the copyright regime's 'public interest' elements. Yet a one-size-fits-all 'all rights reserved' copyright regime clearly fails to meet the requirements of many rightsholders. One response has been the Creative Commons movement which seeks, through licences based on existing copyright laws, to provide a simple mechanism for ri

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Baihaqi, Achmad, and Said Abadi. "Konsep Masa Berlaku Perlindungan Hak Cipta Perspektif Hukum Islam." Ascarya: Journal of Islamic Science, Culture, and Social Studies 1, no. 2 (October 19, 2021): 284–93. http://dx.doi.org/10.53754/iscs.v1i2.278.

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The issue of Intellectual Property Rights has not been discussed or even described by classical fiqh scholars in-depth and thoroughly. One aspect that has not been studied is the issue of the period of copyright protection. The assumption is that if copyright protection is not limited in time, it will lead to a monopoly of creation by a few people. Therefore, the purpose of this study is to clearly describe and compare the terms of copyright protection in the Copyright Act and Islamic Law using the Maqashid Syariah perspective. The method used is a qualitative study (library research) with a c

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Sinaga, Wetmen. "Analysis of Criminal Offices on Copyrights and its Applications in Indonesia." Advances in Social Sciences Research Journal 9, no. 11 (December 2, 2022): 420–30. http://dx.doi.org/10.14738/assrj.911.13482.

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Copyright is a work of someone's imagination, who has exclusive rights in the use of his or her copyrighted work so that if there are parties who will use the copyright for commercial purposes, they must first obtain a license (license) from the creator or his proxies and pay royalties. Any party who does not obtain a license as mandated by UUHC will be subject to legal sanctions, both civil and criminal. Copyright crime occurs when someone announces or reproduces a work for commercial purposes without permission from the Creator or Copyright Holder is an infringement and such violation will b

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Hartati, Dwi Surya, and Nely Herlina. "UTILIZATION OF ECONOMIC RIGHTS IN MUSIC AND SONG WORKS AS A PILLAR OF CREATIVE ECONOMY." Jambe Law Journal 1, no. 1 (July 9, 2018): 115–33. http://dx.doi.org/10.22437/home.v1i1.3.

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The work of songs and music is one of several types of artistic works that is protected by the Act of Copyright. Copyright is regulated through Act No. 28 of 2014 About Copyright (Undang-Undang Hak Cipta or UUHC). Creators and Copyright holders have an exclusive right in the form of economic rights and moral rights. Economic rights can be acquired through the payment of royalty. According to the Act of Copyright, the National Collective Management Institution (Lembaga Manajemen Kolektif Nasional or LMKN) is the institution appointed to collect royalties from creators and/or holders of related

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Hartati, Dwi Surya, and Nely Herlina. "UTILIZATION OF ECONOMIC RIGHTS IN MUSIC AND SONG WORKS AS A PILLAR OF CREATIVE ECONOMY." Jambe Law Journal 1, no. 1 (July 9, 2018): 115–33. http://dx.doi.org/10.22437/jlj.1.1.115-133.

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The work of songs and music is one of several types of artistic works that is protected by the Act of Copyright. Copyright is regulated through Act No. 28 of 2014 About Copyright (Undang-Undang Hak Cipta or UUHC). Creators and Copyright holders have an exclusive right in the form of economic rights and moral rights. Economic rights can be acquired through the payment of royalty. According to the Act of Copyright, the National Collective Management Institution (Lembaga Manajemen Kolektif Nasional or LMKN) is the institution appointed to collect royalties from creators and/or holders of related

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Gadd, Elizabeth. "UK university policy approaches towards the copyright ownership of scholarly works and the future of open access." Aslib Journal of Information Management 69, no. 1 (January 16, 2017): 95–114. http://dx.doi.org/10.1108/ajim-06-2016-0092.

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Purpose The purpose of this paper is to consider how the open access policy environment has developed since the Rights Metadata for Open Archiving Project’s call in 2003 for universities and academics to assert joint copyright ownership of scholarly works and investigate whether UK universities are moving towards a joint copyright ownership. Design/methodology/approach The paper analyses 81 UK university copyright policies to understand what proportion make a claim over: IP ownership of all outputs; the copyright in scholarly works; re-using scholarly works in specific ways; and approaches to

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Suriadiningrat, Sendee Theresia, and Fitra Deni. "Copyright Legal Protection for Portrait on Trademark (Analysis on Cassation Decision Number 52k/Pdt.Sus-Hki/2021)." Jurnal Ilmiah Kebijakan Hukum 16, no. 2 (July 28, 2022): 283. http://dx.doi.org/10.30641/kebijakan.2022.v16.283-300.

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Legal Protection within the scope of Copyright includes the protection of 2 (two) basic rights, Moral Rights and Economic Rights. The goal is that there are restrictions so anyone cannot use other’s Copyrights commercially without permission from the Creator or His Heirs. In the case of the use Mrs. Meneer's Portrait in Trademark without written permission of the Heirs, it becomes debate whether the legal protection of the Portrait remains under the Copyright Law, or its Exclusive Rights have been lost because it falls within the scope of the Trademark Law. The research method used is normativ

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Merista, Ovia. "HAK CIPTA SEBAGAI OBYEK JAMINAN FIDUSIA DITINJAU DARI UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA DAN UNDANG-UNDANG NOMOR 42 TAHUN 1999 TENTANG JAMINAN FIDUSIA." Veritas et Justitia 2, no. 1 (June 21, 2016): 204. http://dx.doi.org/10.25123/vej.2072.

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<p><em>This article shall discuss the possibility to utili</em><em>z</em><em>e copyright as fiduciary security to a loan, in accordance to Law </em><em>N</em><em>o. 42 of 1999 regarding fiduciary pledge/security and the Copyrights Law (</em><em>Law No. </em><em>28 of 2014). The use of copyrights as a fiduciary security is made possible as copyright owner possess exclusive economic rights and not only moral rights. The procedure to be followed is regulated by Law </em><em>N</em><em>o. 42

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