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Journal articles on the topic 'Moral rights in copyright'
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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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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 systems has also grown considerably since the enactment of the 1909 U.S. Copyright Act.
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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 financial reward from use of his work by others and moral rights which always have to do with original holder no matter if economic rights are transferred or not. Economic rights can be transferred. Bern Convention for the Protection of the Literary and Artistic Works is international key agreement and the oldest multilateral agreement in the field of copyright. Copyright subsists automatically on the creation of a work, no application needed, nor do any formalities apply. Nature of copyright is territorial and the minimum term of protection is life of the author plus 50 years after his/her death. In European Union and in certain number of countries, terms of protections of are extended to life of the author plus 70 years after his/her death.
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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 financial reward from use of his work by others and moral rights which always have to do with original holder no matter if economic rights are transferred or not. Economic rights can be transferred. Bern Convention for the Protection of the Literary and Artistic Works is international key agreement and the oldest multilateral agreement in the field of copyright. Copyright subsists automatically on the creation of a work, no application needed, nor do any formalities apply. Nature of copyright is territorial and the minimum term of protection is life of the author plus 50 years after his/her death. In European Union and in certain number of countries, terms of protections of are extended to life of the author plus 70 years after his/her death.
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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 of 1999. The economic value of the copyright, is however, determined by the (potential) utilization of the object. In fact the value is calculated against the copyright holder’s right to remuneration or royalty. </em></p><p><em> </em></p><p align="right"><strong><em>Keywords: </em></strong></p><em>copyrights, security to a loan, fiduciary, moral and economic exclusive rights</em>
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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 arsitektur tersebut, prinsipnya, setiap orang harus memperoleh imbalan bagi buah pikiranya. Hak cipta terdiri atas hak ekonomi dan hak moral, Hak ekonomi adalah hak untuk mendapatkan manfaat ekonomi atas ciptaan serta produk hak terkait. Hak moral adalah hak yang melekat pada diri pencipta atau pelaku yang tidak dapat dihilangkan atau dihapus tanpa alasan apapun, walaupun Hak Cipta atau Hak Terkait telah dialihkan dan Hak moral dan hak ekonomi merupakan hal yang tidak terpisahkan dari prinsip alter ego. Perkembangan ilmu pengetahuan, teknologi, seni, dan sastra, sudah demikian pesat sehingga memerlukan peningkatan pelindungan dan jaminan kepastian hukumbagi pencipta, pemegang Hak Cipta dan apa yang menjadi objek Hak Cipta. Dilindunginya karya arssitektur ini bertujuan untuk menjamin adanya kepastian hukum bagi pencipta karya terutama bagi pencipta karya arsitektur dan perjanjian merupakan alat untuk memperoleh seperangkat hak dan kewajiban perdata, sehingga para pihak memiliki landasan hukum atas apa yang dilakukan arsitek.
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Along with the development of the diverse forms of architectural development that is driven by technological developments and increasingly limited land so that architectural design is demanded to be able to adjust to these conditions. Architectural design work is part of Intellectual Property (KI) or Intellectual Property is a right that arises for the results of thinking that produces a product that is beneficial to humans.KI can also be interpreted as a right for someone because it has made something useful for others. Law Number 28 Year 2014 Regarding Copyright regulates the ownership of copyrights to guarantee the rights of the copyright owner for the architectural work, especially the rights that arise such as economic rights and moral rights. In principle, everyone must get a reward for his thoughts. Copyright consists of economic rights and moral rights. In principle, everyone must get a reward for his thoughts. Copyright consists of economic rights and moral rights. Economic rights are the rights to obtain economic benefits for the work and related product rights. Moral rights are rights inherent in the creator or perpetrator that cannot be eliminated or deleted without any reason, even though Copyright or Related Rights have been transferred and moral rights and economic rights are inseparable from the principle of alter ego.The development of science, technology, art, and literature, has been so rapid that it requires increased protection and guarantees of legal certainty for the creators, holders of copyrights and what are the objects of copyright. The protection of this architectural work aims to ensure legal certainty for the creators of the works, especially for the creators of architectural works, and the agreement is a tool to obtain a set of civil rights and obligations, so that the parties have a legal basis for what the architect does.
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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 portraits is not to include the creator or source of portraits used in social media. The regulation and protection of economic and moral rights of portraits on social media are regulated in the Copyright Law. Economic rights are stipulated in Article 12 to Article 15. Moral rights are stipulated in Article 5 to Article 7.</p>
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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 moral and economic rights, with the former considered inalienable, while the latter is freely alienable. In this way French law embodies the transferability principle in respect of economic rights, in the same way as the Anglo-American system does. Many countries in Sub-Saharan Africa have inherited copyright laws from their erstwhile colonial masters (whether England or France), resulting in the laws of these countries also embodying the transferability principle. It is argued, however, that the transferability principle has had the inadvertent effect of stifling copyright-based entrepreneurship, and thus economic development in these countries. Because of the conditions of impoverishment prevailing in these countries, authors find that they do not have the material resources to economically exploit their copyright works. They thus have no option but to assign their copyrights to others, mainly foreign entities, resulting in an endless cycle where they can never act entrepreneurially in respect of their copyrights. The paper seeks to explore this phenomenon and make proposals of possible solutions.
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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 the Author in claiming protection against Copyright infringement on Film Script Writing, how legal remedies can be taken in the form of legal protection for the Author of Film Script Writing used without permission, and how analysis of the Judge's decision on the violation of Moral Rights for the Creator in the dispute of the film "Benyamin Biang Kerok" based on the decision of the Panel of Judges Number 09/Pdt.Sus-HKI/Cipta/2018/PN Niaga Jkt. Pst. This research is descriptive analytical with a normative juridical approach. Qualitative analysis methods are used to process and analyze research data and then draw conclusions using deductive methods through a normative framework. The results of the research show: the use of the Principles of Moral Rights and Economic Rights of the Creator as a claim for infringement of Copyright is listed in Article 4, Article 5. This right will continue to exist and is eternally attached to the Creator and will continue to apply indefinitely. Legal efforts as a form of legal protection for Film Scripts that are used without permission are to follow the provisions in Article 95 to Article 109 of the UUHC, namely by preventing violations from occurring and through alternative dispute resolution through arbitration or through the Commercial Court. The Plaintiff's lawsuit was declared defeated by the Panel of Judges, due to lack of parties. But the production of the film "Benyamin Biang Kerok" is not determined as a violation of the exclusive rights of the Creator. This decision has not provided justice and provided legal protection for the Plaintiff as the author of the original manuscript and it is feared that the same violation will continue to occur in the future. Suggestions that can be given include: in providing explanations and strengthening the importance of the Creator's Exclusive Rights, it is necessary to have awareness, socialization and public education so as not to use other people's creations carelessly. Legal efforts to prevent infringement of film script writing is to conduct socialization in the film industry and other related creative industries. Against a decision that has not provided legal protection for the Plaintiff, the Panel of Judges must also determine that the defendant has violated the exclusive rights of the Plaintiff's written film script and stipulates compensation for the violation of exclusive rights committed. Keywords: Legal Protection, Moral Rights, Economic Rights, The Author, Copyrights,Film Script Writing.
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Litman, Jessica. "WHAT WE DON'T SEE WHEN WE SEE COPYRIGHT AS PROPERTY." Cambridge Law Journal 77, no. 3 (August 23, 2018): 536–58. http://dx.doi.org/10.1017/s0008197318000600.
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AbstractFor all of the rhetoric about the central place of authors in the copyright scheme, our copyright laws in fact give them little power and less money. Intermediaries own the copyrights, and are able to structure licenses so as to maximise their own revenue while shrinking their pay-outs to authors. Copyright scholars have tended to treat this point superficially, because – as lawyers – we take for granted that copyrights are property; property rights are freely alienable; and the grantee of a property right stands in the shoes of the original holder. I compare the 1710 Statute of Anne, which created statutory copyrights and consolidated them in the hands of publishers and printers, with the 1887 Dawes Act, which served a crucial function in the American divestment of Indian land. I draw from the stories of the two laws the same moral: Constituting something as a freely alienable property right will almost always lead to results mirroring or exacerbating disparities in wealth and bargaining power. The legal dogma surrounding property rights makes it easy for us not to notice.
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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 accordance with the procedure established by law, i.e. by applying of necessary forms, means and methods of protection. From this point of view, the copyright protection is divided to judicial and non-judicial (pre-judicial protection and protection by judicial procedure).
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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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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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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 rights. LMKN is a non-profit legal entity which has been given an authority by Copyright holders and/or holders of related rights to manage the economic rights in legally collecting and distributing royalties. In order to acquire their share in the royalty, each of the creators, Copyright holders, or the holders of related rights has to become a member of LMKN, and in return said LMKN got the authority to collect royalties from users of said artistic works. Royalty is a form of payment or rewards given to creators and/or Copyrights holders over the utilization of economic rights or related rights of a creation or a product. In Indonesia, there are a lot of LMKNs, in which the function is to collect royalties, including collecting exclusive rights of the holders of related rights.
The resulting performance of Collective Management Institutions (Lembaga Manajemen Kolektif or LMK) has not reached its optimum capability for both creators and holders of related rights. The resulting advice of this paper is for the government to create a strict payment system and a method which can also be accessed digitally by the creators.
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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 rights. LMKN is a non-profit legal entity which has been given an authority by Copyright holders and/or holders of related rights to manage the economic rights in legally collecting and distributing royalties. In order to acquire their share in the royalty, each of the creators, Copyright holders, or the holders of related rights has to become a member of LMKN, and in return said LMKN got the authority to collect royalties from users of said artistic works. Royalty is a form of payment or rewards given to creators and/or Copyrights holders over the utilization of economic rights or related rights of a creation or a product. In Indonesia, there are a lot of LMKNs, in which the function is to collect royalties, including collecting exclusive rights of the holders of related rights.
The resulting performance of Collective Management Institutions (Lembaga Manajemen Kolektif or LMK) has not reached its optimum capability for both creators and holders of related rights. The resulting advice of this paper is for the government to create a strict payment system and a method which can also be accessed digitally by the creators.
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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 have received the protection of the law , it is justthat as the notions of the preliminary to the process of evidence copyright sengeketa whenyour words come true .Journalist did not yet fully understand his creatures that a workcenters on the rights of journalists and the importance of moral right moral soul because isthe creator of the journalis.Keywords: The declarative, legal protection, copyright, photography journalistic
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Yanto, Oksidelfa. "KONVENSI BERN DAN PERLINDUNGAN HAK CIPTA." Jurnal Surya Kencana Satu : Dinamika Masalah Hukum dan Keadilan 6, no. 1 (March 1, 2016): 108. http://dx.doi.org/10.32493/jdmhkdmhk.v6i1.341.
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The object of copyright protection under the Berne Convention, namely: works of literature and art that encompasses all the results of the fields of literature, science and art in any manner or form any explication. Since the entry into force of the Berne Convention that was classified as Making Law Treaty and open to all countries that are not yet members to immediately become a member by way of ratifying and handed over the instrument of ratification to the Director General of WIPO. The participation of a country as a member of the Convention Barn, give rise to liability in the participating countries to implement national perundang¬undangan in the field of copyright. Especially in terms of law enforcement for the protection of copyrighted works. This relates to the arrangement in the Berne Convention on moral rights ( "droit moral"), author's rights to mengkluim as the creator of a work and the author's right to object to any act that intends to change, reduce or add to the authenticity of the creations that can be harm the honor and reputation of the creator.Keywords: Copyright, ratification, the Berne Convention
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Al Nusair, Fayez, and Firas Massadeh. "Analytical Study of United Arab Emirates Copyright Federal Law No. 7, 2002." Arab Law Quarterly 32, no. 3 (May 22, 2018): 281–97. http://dx.doi.org/10.1163/15730255-12323010.
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Abstract This article presents a comprehensive examination and analysis of copyright protection under the provisions of the United Arab Emirates’ Federal Law No. 7, 2002 concerning copyrights and neighbouring rights in preparation for the accession of relevant international conventions. The law revoked Federal Law No. 40, 1992 regarding intellectual property copyright. The nature of copyright and its economic justification, the scope of its protection in the United Arab Emirates’ legal framework, the concepts of originality and creativity, and the author’s moral and economic rights are scrutinized in comparison with the provisions of related international intellectual property treaties and conventions (i.e. the TRIPS Agreement and the Berne Convention for the Protection of Literary and Artistic Works 1886, last revised in Paris, 24 July 1971).
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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 supported by a sense of justice as the reward of the creator’s intellectual products. In addition to physical copyrighted work products, there are also digital products on which the creator owns a copyright. There are examples of digital products which follow the development of technology such as song files, e-books, software, etc. One of the problems that exists in the community is that the digital product becomes easier to be pirated or illegally downloaded through the internet. How is copyright protection in digital products as the embodiment of the creator's creative works. Copyright protection against creators and copyright holders pursuant to Act No. 28 of 2014 on Copyright. Article 1 number 1 and Article 24 paragraph (1) and (2). The creator or copyright holder has rights to be protected by the government, namely economic rights and moral rights. The existence of economic rights and moral rights is then someone's creative work will have its own values, so it is not easy to use his property for commercial purposes by the parties who are not responsible.
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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 an absolute thing if there are other parties who want to utilize the economic rights of the creator under Article 9 paragraph 2 of Law No. 28 of 2014 on Copyright. In this regard, X is the person who composed a song in Speech Composing using pieces of speech in AW's speech and uploaded to YouTube with no rights and without permission from AW. X infringes AW's copyright under Article 43 Sub-Article d of Law No. 28 of 2014 on Copyright.
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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 integrity to performers whose performances are fixed in sound recordings.This paper argues that New Zealand should follow WIPO's lead and extend the moral rights provisions of the Copyright Act 1994 to sound recordings. The author argues that sound recordings are imbued with sufficient creativity to merit moral rights protection and that this protection should be granted not only to performers but to sound engineers and producers, who also contribute creatively to the recording. This paper examines how moral rights in relation to sound recordings might work in practice and what remedies should be available for breach of these rights. The author concludes that the extension of moral rights to sound recordings need not impact detrimentally on the music industry, as some commentators fear.
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Mezei, Péter. "From Leonardo to the Next Rembrandt – The Need for AI-Pessimism in the Age of Algorithms." UFITA 84, no. 2 (2020): 390–429. http://dx.doi.org/10.5771/2568-9185-2020-2-390.
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Artificial Intelligence (AI) has become a part of our daily life, and “algorithmic creativity” has similarly gained a spotlight recently. From paintings to music, machines generate outputs that seem to comply with various prerequisites of copyright protection. The idea (and to some degree the need) to honour such achievements by legal protection has also emerged. This article demonstrates that contrary to the view of the proponents of an AI-copyright regime, time has not ripened for AI-copyright. The core elements of copyright law - namely the concept of authorship, originality and moral rights, as well as copyright’s history and incentives - are deeply rooted in an anthropocentric (although not only author-centric) world. Unless paradigm shift in copyright law, the lack of direct human element of an AI-generated output shall lead to the unavailability of copyright protection for these outputs. The article similarly highlights why the proposed alternative forms of copyright related rights or sui generis protection are doctrinally unfounded or practically unfit to provide for a sound solution that does not destroy the existing copyright regime and diminish the value of human creations.
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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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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 copyright guarantees of painting works if the debtor defaults The method used is normative legal research with a statutory approach and a conceptual approach, and the sources of legal materials used are primary and secondary legal materials with literature collection techniques which are analyzed in descriptive analytical form. Based on the results of the study, it can be concluded that the characteristics of copyright in painting are providing protection for works of art and providing economic rights for the creators or copyright holders and moral rights for the creators. The execution of copyright guarantees can be done by executorial method in accordance with article 29 of the Fiduciary Law.
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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 the traditionally accepted non-economic nature of moral rights. The article examines recent case law in this field, found in Meskenas, Perez and Corby, and considers the literature associated with development of moral rights in Australia. It then presents the findings of a two-part study of moral rights in Australia; first through the results of interviews with 176 Australian authors, journalists and academics, followed by an analysis of 20 publishing contracts. It concludes that — in some, but not all, instances — a combination of the exceptions allowed under the Act and practical exigencies have diluted the unique character of authors’ moral rights and have created an environment of uncertainty.
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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 ensuring the well-being of Russians and Russian society as a whole. The moral value of copyright objects is determined by the correspondence of their content and purpose to the moral foundations established in society, taking into account their reasonable modernization. Proposals were made to improve the legislation of the Russian Federation.
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Handiwiyanto, Billy, and Wisnu Aryo Dewanto. "PERLINDUNGAN HUKUM TERHADAP HAK PENCIPTA SOFTWARE YANG NOMOR SERIALNYA DIKOMERSIALKAN TANPA HAK DI CYBER SPACE BERDASARKAN UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA." DiH: Jurnal Ilmu Hukum 16, no. 1 (January 24, 2020): 77–87. http://dx.doi.org/10.30996/dih.v16i1.2899.
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Intellectual Property Rights consist of various types, one of which is Copyright, Copyright is one of the Intellectual Property Rights that has a broad scope of scope of objects, to the Copyright that is owned, the Author and / or the Copyright Holder get an Exclusive Right on the Work , in which this Exclusive Right consists of 2 (two) types, namely the Moral Right to the Work, and also the Economic Right to the Work. The right to exploit the Work rests with the Author and/or the Copyright Holder of the Work, but there are often violations of the Exclusive Rights in this case the Economic Right which is the Right of the Author and/or the Copyright Holder to obtain economic benefits from the utilization of the Copyright, in which a Work is commercialized without Rights by other Parties who do not have the Right to Commercialize the Work. This study aims to determine the basis of the Liability of those commercializing a Work without Rights, which violates the Exclusive Rights of the Author and/or the Copyright Holder to utilize the Work in order to obtain economic benefits from the Work. This research was conducted using the Normative Jurisdiction research method which examines a problem on the basis of applicable laws and regulations, as well as from views and doctrines in the science of law. The results of this study state that other parties who without the right to commercialize a Work must be held accountable for violating the Exclusive Rights in this case the Exclusive Rights to the Economic Rights of the Author and/or the Copyright Holder.Hak Kekayaan Intelektual terdiri dari berbagai macam jenis, salah satunya Hak Cipta, Hak Cipta merupakan salah satu Hak Kekayaan Intelektual yang memiliki ruang lingkup cakupan obyek yang luas, terhadap Hak Cipta yang dimiliki, Pencipta dan/atau Pemegang Hak Cipta mendapatkan Hak Eksklusif atas Ciptaan tersebut, yang mana Hak Eksklusif ini terdiri dari 2 (dua) macam, yaitu Hak Moral atas Ciptaannya, dan juga Hak Ekonomi atas Ciptaan. Hak untuk mengeksploitasi Ciptaan tersebut terletak pada Pencipta dan/atau Pemegang Hak Cipta dari Ciptaan tersebut, namun seringkali terjadi pelanggaran terhadap Hak Eksklusif yang dalam hal ini ialah Hak Ekonomi yang merupaan Hak dari si Pencipta dan/atau Pemegang Hak Cipta untuk mendapatkan manfaat ekonomi dari pemanfaatan terhadap Hak Cipta tersebut, yang mana suatu Ciptaan dikomersialkan tanpa Hak oleh Pihak lain yang tidak punya Hak untuk Mengkomersialkan Ciptaan tersebut. Penelitian ini bertujuan untuk mengetahui dasar Tanggung Gugat dari pihak yang mengkomersialkan suatu Ciptaan tanpa Hak, yang melanggar Hak Eksklusif Pencipta dan/atau Pemegang Hak Cipta untuk memanfaatkan Ciptaan tersebut guna mendapatkan manfaat ekonomi dari Ciptaan tersebut. Penelitian ini dilaksanakan dengan metode penelitian Yuridis Normatif yang mana meneliti suatu masalah dengan dasar peraturan perundang-undangan yang berlaku, juga dari pandangan-pandangan dan doktrin-doktrin dalam ilmu hukum. Hasil penelitian ini menyatakan bahwa pihak lain yang dengan tanpa hak mengkomersialkan suatu Ciptaan harus bertanggung gugat karena melanggar Hak Eksklusif dalam hal ini Hak Eksklusif terhadap Hak Ekonomi dari Pencipta dan/atau Pemegang Hak Cipta.
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Piesiewicz, Piotr F. "Przestępstwo naruszenia autorskich praw osobistych z art. 115 ust. 3 Ustawy z dnia 4 lutego 1994 r. o prawie autorskim i prawach pokrewnych w świetle zasady określoności." Studia Prawa Publicznego, no. 2(22) (June 15, 2019): 29–48. http://dx.doi.org/10.14746/spp.2018.2.22.2.
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The Act of February 4, 1994 on Copyright and Related Rights, which regulates issues related to the protection of copyrights, belongs to the private law system (its provi- sions protect the private interest). However, the Act includes both administrative and criminal law provisions aimed at protecting the public interest. The literature rightly points out that the systemic division into public and private law is becoming increasingly less pronounced, due to the permeation of legal domains belonging to both systems. An example of such interpenetration are the provisions of copyright law. This statement is significant for the considerations made in this article due to the statutory method of penalising certain behaviour contained in the provisions of the Copyright and Related Rights Act. Criminal law provisions, systemically related to public law and protecting the public interest, contain references to the provisions of the Copyright and Related Rights Act regulating the scope of copyright protection, i.e. private law norms. In the context of the requirements that should be met by criminal law, such a reference raises doubts, which are particularly highlighted in Art. 115 para. 3 of the Copyright and Related Rights Act. This issue is impor- tant because the Constitutional Tribunal in its judgment of 17 February 2015, Ref. K 15/13 recognised this provision as constitutional. Therefore, he concluded that the principle of the specificity of a criminal act does not preclude the legislator from using terms that are imprecise or vague if their designations can be determined. At the same time, the Constitutional Tribunal has not presented any arguments indicating that in this case the determination of the designates of Art. 115 para. 3 of the Copyright and Related Rights Act does not cause any difficulties. The author of this article attempts to determine the extent of criminal liability in the event of a violation of author’s moral rights (Article 115 section 3 of the Copyright and Related Rights Act), at the same time indicating the difficulties that are associated with the unambiguous determination of behaviour which Art. 115 para. 3 of the Copyright and Related Rights Act penalises.
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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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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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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 moral rights. Results are cross-tabulated by policy age and mission group. Findings Universities have not asserted their interest in scholarly works through joint ownership, leaving research funders and publishers to set open access policy. The paper finds an increased proportion of universities assert a generic claim to all IP (87 per cent) relative to earlier studies. In total, 74 per cent of policies relinquished rights in scholarly works in favour of academic staff; 20 per cent of policies share ownership of scholarly works through licensing; 28 per cent of policies assert the right to re-use scholarly works in some way; and 32 per cent of policies seek to protect moral rights. Policies that “share” ownership of scholarly works are more recent. The UK Scholarly Communication Licence (UK-SCL) should have an impact on this area. The reliance on individual academics to enforce a copyright policy or not to opt-out of the UK-SCL could be problematic. The paper concludes that open access may still be best served by joint ownership of scholarly works. Originality/value This the first large-scale analysis of UK university policy positions towards scholarly works. The paper discovers for the first time a move towards “shared” ownership of scholarly works in copyright policies.
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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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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 this study has the aim to explain clearly and in detail in the legal events that occur. The results of the study indicate that the cooperation agreement between CV. Aura Publishing with IIB Darmajaya there has been a clause on the settlement of copyright disputes which is feared that it will arise in the future, namely by implementing a form of dispute resolution, namely alternative dispute resolution and courts; The application of copyright is carried out through the desire of Darmajaya Press to become a member of IKAPI, and in the agreement made there is a clause must reach 10 book publications, so that currently only 7 titles of ISBN books have been reached. Then the writer (lecturer) who published the book had not made a publishing agreement to guarantee copyright both moral rights and economic rights owned by the author.
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Hernawati, Elly. "Peran Lembaga Manajemen Kolektif Sebagai Bentuk Perlindungan Hukum Pencipta Lagu Dan Pemilik Hak Terkait." JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN 22, no. 01 (September 11, 2019): 37–54. http://dx.doi.org/10.24123/yustika.v22i01.1997.
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Copyright is one of the Intellectual Property Rights components and should be paid attention to. Even more in technology era that developing, copyright protection needed to be enhanced, so that the right of creator, Copyright holder or owner of relevant rights can be protected and urge people to create. Indirectly, good and healthy business climate could be fostered. Not all people have skill to create, that is why those people who have skill to create must be protected and even awarded, hoping that people urged to create. One of the creations that protected are song and music. In creating song or music, creator involve recording producer, music director or arranger. Regarding the creation, creator holds moral and economy rights, while parties involved hold the relevant rights to it.
Collective Management Agency is an agency that help creator or relevant rights owner in managing and distributing the creation which is song or music that being commercialized. Yet the creator must be the member of the agency beforehand. Commercialization of a song or music by user can rise problem. Protection to the song or music is for the whole thing, including lyric, notation, arrangement and song title. The utilization of a song or music should be still protecting the parties that hold the copyright and the relevant right to it.
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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 protection on the open-source application developers' personal data. Using legal research, this paper showed that open-source licenses could consist of two categories. First, non-copyleft licenses in the form of permissive licenses, included in the software under it and are subject to copyright. Second, the copyleft license, which required licenses to modify and distribute copyleft products. This open-source license adopted a form of a standard contract and personal data protection in copyleft products through open-source sites were using a preventive and repressive way. This paper recommended a copyleft-based legal protection mechanism and creators' data by considering the comparative aspects of the copyleft and copyright concepts' characteristics to respect moral rights.
KEYWORDS: Personal Data Protection, Indonesia’s Copyright Law, Copyleft License.
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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, consideration is given as to the likely outcome of the application of the fair dealing exceptions under the Copyright Act 1968 (Cth). Finally, a suggestion is made as to the direction of future law reform in this area.
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Marini Putri, Ni Made Dwi. "PERLINDUNGAN KARYA CIPTA FOTO CITIZEN JOURNALIST YANG DIPUBLIKASIKAN DI INSTAGRAM." Jurnal Magister Hukum Udayana (Udayana Master Law Journal) 6, no. 2 (December 19, 2017): 224. http://dx.doi.org/10.24843/jmhu.2017.v06.i02.p07.
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The development of the current paradigm demonstrate initiative of the citizens to share information in their possession to the public. Citizen who was only a reader, now turned into a citizen journalist, who sends the picture to the press on Instagram account on an event that attracts attention. In this research, there are two issues to be discussed namely 1) How is the protection of moral rights and economic rights over the photos produced by citizen journalist on Instagram? 2) How can the efforts of a citizen journalist to protect the copyrighted works uploaded on Instagram? This research is an empirical juridical study that examines the problem of copyright photography protection in Instagram. Moral rights protection of citizen journalist on Instagram photo is done with the mention of names of the photographer (citizen journalist) and copyright holder (press accounts on Instagram). Protection of economic rights of citizen journalism photo on Instagram as stipulated in the Act of the Republic of Indonesia Number 28 of 2014 on Copyright only applies to photographs with human objects. Efforts that can be done by a citizen journalist to protect copyrighted works uploaded on Instagram are preventive efforts, respresive efforts and pre-emtive efforts.
Perkembangan paradigma di era informasi saat ini menunjukkan inisiatif dari warga untuk membagikan informasi yang dimilikinya kepada publik secara cepat dan up to date. Warga yang tadinya hanya seorang pembaca, kini cenderung menjadi citizen journalist yang cenderung berinisiatif dan aktif mengirimkan hasil fotonya kepada akun pers di Instagram mengenai suatu peristiwa yang menarik perhatian. Dalam penelitian ini terdapat dua permasalahan inti yaitu 1) Bagaimanakah perlindungan hak moral dan hak ekonomi atas foto yang dihasilkan oleh seorang citizen journalist di Instagram? 2) Bagaimanakah upaya-upaya yang dapat dilakukan seorang citizen journalist untuk melindungi karya cipta fotonya yang diunggah di Instagram? Penelitian ini merupakan penelitian yuridis empiris yang mengkaji mengenai masalah perlindungan karya cipta fotografi di Instagram. Perlindungan hak moral foto citizen journalist di Instagram dilakukan dengan penyebutan nama pencipta (citizen journalist) dan pemegang hak cipta (akun pers pada Instagram). Perlindungan hak ekonomi foto citizen journalist di Instagram sebagaimana yang diatur dalam Undang-undang Republik Indonesia Nomor 28 Tahun 2014 Tentang Hak Cipta hanya berlaku pada karya foto dengan objek manusia. Upaya-upaya yang dapat dilakukan seorang citizen journalist untuk melindungi karya cipta fotonya yang diunggah di Instagram adalah upaya preventif, upaya respresif serta upaya pre-emtif.
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Bekteshi, MSc Vlorë. "The Property Rights of the Author according to the Law on Copyright and Related Rights of the Republic of Kosovo." ILIRIA International Review 5, no. 2 (December 31, 2015): 229. http://dx.doi.org/10.21113/iir.v5i2.90.
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Copyright, for a long time has not been regulated or protected at the desired level. The right on intellectual property, as a right of a particular kind and as the right of non-material property, is of particular importance for the contemporary reality.The copyright, in its content, enjoys the rights of personal and property nature. The natural rights, for a long time, have been characterized as very personal rights that relate to the creator of the work itself. This has probably been because in the early times it was impossible the multiplication of the author's work because the handwriting of the work has been a rare process and difficult. Later, with the invention of the typing machine, it was noticed that the works can be easily multiplied, as such came the need to protect the authors and their rights by providing to the authors reward in the case when their work is violated.Property rights are inseparable rights for the authors, which often serve also as stimulus for the creation of new works, but also provide reward for the effort given on the creation of the work.Law on Copyright of theRepublicofKosovois in accordance with the rules of the European Union, but the judicial practice is not in accordance with the Law. This happens because in the reality, the property rights and the moral rights are subject to violations, and as a result is violated even one of the primary and contemporary goals: the law should serve as an incentive for the authors to write and on the other side to satisfy the public with the scientific works.As such, the research objective of this paper is to present the property rights of copyright, the basics of the transfer of these rights, studied also at the comparative aspect.
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Tammenlehto, Laura. "Copyright and Trademark Crimes in the Nordic Countries: Analysis from the Perspective of the Principle of Legality." Bergen Journal of Criminal Law & Criminal Justice 8, no. 1 (November 9, 2020): 30. http://dx.doi.org/10.15845/bjclcj.v8i1.3187.
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The principle of legality limits criminalisation in the Nordic countries. The purpose of the principle is to uphold the legitimacy of the penal authority of the state and to protect the rights of an accused by ensuring the clarity and foreseeability of the criminal law. The Nordic IPR crime provisions are extensive but determining the limits of criminalisation from them is difficult. This article focuses on the on the phrasing and style of the current Nordic copyright and trademark offences and analyses the extent to which these provisions fulfil the requirements of the principle of legality. Particular problem-causing elements in this legislation are multiple internal references and a blanket criminalisation technique combined with inaccurate definitions of objects of protection. Attention is given to three problematic aspects in the fields of copyright and trademark: copyrighted work threshold (teoskynnys/verkshöjd), moral rights, and establishing trademark through use.
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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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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 rightsholders to disseminate their works under less restrictive conditions. The Creative Commons' initial success has led to suggestions that its principles could be equally applied to scientific research outputs, such as publications, licensing of research materials, and datasets. This article argues that the Science Commons approach, if based on the Creative Commons model, and premised at its root on utilitarian copyright law, will both fail to address contemporary policy drivers in research, or to provide researchers with the type of rights that they actually want. It suggests that constructing an appropriate set of rights for the Science Commons, particularly for datasets, will require a willingness to step outside the utilitarian model and look to the Continental copyright tradition, which sets less store in economic rights and gives greater weight to moral rights.
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Lintaman, Daniel. "Unusual canvasses: resolving copyright infringement through the lens of community customs." Interactive Entertainment Law Review 3, no. 1 (September 1, 2020): 3–20. http://dx.doi.org/10.4337/ielr.2020.01.01.
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The evolution of video game technology is outpacing intellectual property law. As augmented realities and online gaming environments continue to collapse the distinction between real and virtual worlds, they have rendered traditional frameworks for copyright law unworkable. Gaming environments were traditionally circumscribed by the magic circle. Video games now interact with the outside world in a way that obscures the divide between the public domain and the private. Such disruption undermines copyright's core purpose of balancing interests, and transforms issues such as implied license, fair dealing, and moral rights into enigmas. This article proposes a framework that redraws the magic circle using the consent-based customs of gaming communities. Only those who play at the vanguard have the expertise to reconcile copyright with modern video games without constraining creativity or innovation. Deferring to community norms restores compatibility between copyright and unusual canvasses while preserving the integrity of these interesting works.
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NOVOSELOVA, L. A., and O. S. GRIN. "REALIZATION OF INTELLECTUAL RIGHTS AS COLLATERAL (PROCEDURAL ASPECTS)." Herald of Civil Procedure 10, no. 5 (November 30, 2020): 64–82. http://dx.doi.org/10.24031/2226-0781-2020-10-5-64-82.
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This paper addresses the issues pertaining to the usage of intellectual property, with the main focus being the use of exclusionary rights as a collateral; economic and legal obstacles hindering the development of this institution in Russia are also identified. Imperfect system of exclusionary rights appraisal is highlighted as a prime reason for the under-utilization of intellectual property as a collateral. The procedure of foreclosing the intellectual property is investigated; legal gaps that have negative impact on its efficiency are identified and evaluated. In conclusion, the authors note that the features of levy of execution on exclusive copyright provided by the law and the conclusion of court practice based on this that copyright manuscripts cannot be levied at all, reflect the optimal model of regulation that takes into account the moral rights of authors (including the right to promulgation). The law provides an opportunity both for the author of a work, the performer in relation to performance, and for their heirs to decide whether to give the exclusive right the opportunity to be an economic asset with security value or not.
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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 harmed. This article examines questions surrounding the apparent conundrum of posthumous prejudice to an author's honour. How can prejudice to the honour of the dead be established in the absence of the author, particularly if honour is interpreted subjectively? Do insuperable evidentiary hurdles render the posthumous honour limb of the moral right of integrity illusory? The article concentrates on Australian law, but engages in relevant comparative treatments, particularly with French, Canadian and United Kingdom law. Judicial consideration of moral rights under the common law is scant, particularly in Australia, and rarer still in a post-mortem context. However, the issues explored in the article are important, will inevitably arise for consideration and merit a comprehensive examination.
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Herman, Jonathan. "Moral rights and Canadian copyright reform: the impact on motion picture creators." Revue de droit. Université de Sherbrooke 20, no. 2 (1990): 407–32. http://dx.doi.org/10.17118/11143/13562.
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Shaffer, Roberta I. "The Artist's Case for Droit Moral and Droit de Suite Continues." International Journal of Legal Information 15, no. 1-2 (April 1987): 1–9. http://dx.doi.org/10.1017/s0731126500020412.
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In September 1986, Senator Edward Kennedy of Massachusetts sponsored a bill, “The Visual Artists Rights Amendment of 1986” which was not unlike many others that had been introduced into the United States Congress in recent years. ft proposed toexpand the Copyright Act of 1976 by granting artists certain control over their works beyond that currently secured under Copyright, contract or tort protections, as well as the ability to share in the proceeds of future (secondary) sales of the work. Although the bill never saw the light of legislative action, the issues it addressed are very much in the forefront of current art and law concerns.
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Jagielska-Burduk, Alicja, and Andrzej Jakubowski. "“Narrative Museums” and Curators’ Rights: The Protection of a Museum Exhibition and Its Scenario under Polish Law." Santander Art and Culture Law Review, no. 2 (6) (2020): 151–76. http://dx.doi.org/10.4467/2450050xsnr.20.014.13017.
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Since at least the 1990s, museums have expanded to cover a variety of societal functions, often enabling inclusive and participatory spaces for critical dialogue about the past and the future, and bridging together various narratives and cultural experiences, contributing to social cohesion and reconciliation. The new functions of museums, involving novel technological forms of display and communication, pose several legal questions concerning the management of such institutions, their resources, and exhibitions, including issues of copyright and other intellectual property rights. While referring to a recent case concerning an alleged infringement of the moral rights of the authors of the permanent exhibition of the Museum of the Second World War in Gdansk (MWII), this article examines the scope of copyright protection in new, so-called, “narrative” museums under Polish law. First it briefly scrutinizes main facts and circumstances of this case. Secondly, it discusses the current legal framework on the copyright protection of museum exhibitions under Polish law. Next, in light of the judgment rendered in the MWII case, the standard of legal protection of moral interests resulting from a museum exhibition’s design and its scenario (script) is explored. Finally, the article concludes with a set of observations concerning the extent to which copyright law may serve as a tool for protecting the integrity of museum exhibitions and their original conceptual design.
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Mashdurohatun, Anis, Adhi Budi Susilo, and Bambang Tri Bawono. "Copyright Protection towards the Society 5.0." Journal of Southwest Jiaotong University 56, no. 2 (April 30, 2021): 394–404. http://dx.doi.org/10.35741/issn.0258-2724.56.2.32.
Full textAbstract:
Technology business competition leads to the order of social life to solve challenges through a combination of innovations from various elements found in the industrial revolution 4.0 towards Society 5.0. One form of Intellectual Property Rights is Copyright, which has the widest scope of protected objects since it includes science, art, literature, and computer programs where artificial intelligence will transform millions of data collected via the internet into increasingly complex wisdom to consider a technology that can bring benefits but is also a "threat and challenge" towards the gate of Society 5.0. This research aims to determine the protection of copyright law towards the gate of society 5.0. The research method used is normative juridical. Literary law research is legal research conducted by examining library materials or secondary data based on the principles, theories, doctrines, prevailing laws, and regulations. The study results found that the Copyright Law has not accommodated Society 5.0, especially economic rights for its creators. Article 6 is only to protect moral rights through Copyright management information and electronic information on Copyright. There is a need for the state's role, which functions as a regulator, provider, and counterweight, to adjust the rules to follow technological developments towards the gate of society 5.0, which does not mean changing all current legal products but is adaptive to existing legal instruments as legal protection measures to face a new chapter of intellectual property rights.
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Muhajjalah, Ghurrotul, and Nasiri . "Analisis Jual Beli Hak Cipta Dalam Perspektif Hukum Pidana Islam Dan Undang-Undang Nomor 28 Tahun 2014." Syaikhuna: Jurnal Pendidikan dan Pranata Islam 10, no. 1 (March 15, 2019): 1–19. http://dx.doi.org/10.36835/syaikhuna.v10i1.3468.
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This study aims to seek legal certainty from the practice of buying and selling copyright that occurs in society. By emphasizing the study of the point of view of Islamic criminal law in answering the legality of the practice of buying and selling copyright logically and comprehensively. Next, do a deeper analysis and study of the ratio legislation of Law No. 28 of 2014 concerning Copyright. The design of this study is normative legal research with a statute approach and comparative approach. Data collection techniques used documentation in the form of library studies with sources of legal material. The results of this study indicate that: 1) copyright is a new term that is still unfamiliar in the context of Islamic criminal law. Although its application has been indirectly recognized since the time of the Prophet with the necessity to include the name of the author in each of the writings cited. This is true on the basis of copyright ownership of property ownership. So that related to the legality of copyright sale and purchase transactions are answered on the basis of the legality of buying and selling in general. The difference is that the object (mauqud aih alaih) of copyright sale and purchase is based on the perspective of f urf contained in the criteria of the benefits of goods (muntafa’bih) which are maqsu and ‘urfan or in other words the public has economic value and is worth trading. 2) Copyright sale and purchase transactions are transactions that have been legalized for a long time in positive law in Indonesia. This is based on the existence of related rights in the exclusive rights inherent in a creator. The related rights are in the form of economic and moral rights. In the end, these economic rights are the basis of the legality and royalties generated from copyright sale and purchase transactions based on the legality of other transactions listed in Article 9 paragraph (1) of Law No. 28 of 2014 concerning copyright.
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Mohammed, Emir. "A Closer Look at the Canadian Copyright Act: Can Corporations Hold Moral Rights?" SCRIPT-ed 5, no. 2 (August 15, 2008): 414–18. http://dx.doi.org/10.2966/scrip.050208.414.
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