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Journal articles on the topic 'Work under copyright law'
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1
Cuong, Nguyen Thai, and Nguyen Duc Nguyen Vy. "The Interpretations of Exceptions and Limitations Under Vietnamese Copyright Law in Case of Quotation of a Work." Vietnamese Journal of Legal Sciences 4, no. 1 (June 1, 2021): 34–45. http://dx.doi.org/10.2478/vjls-2021-0007.
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Abstract The exceptions and limitations in copyright law have been firmly established by the Berne Convention. Indeed, these foundations consolidate and facilitate the unification in protecting copyrights of member states’ domestic laws. Nevertheless, the understanding and interpretations of each member are notably different and inadvertently maintain the inconsistency in international law. On that basis, the article analyzes the practice of Berne Convention’s codification and application in Vietnamese laws and judicial practice. Thereafter, the article emphasizes that Vietnamese intellectual property law has attempted to internalize the Berne Convention’s provisions on the limitations and exceptions of copyright law and proposes solutions to ameliorate such attempts. The article then shows the practice in Vietnamese judgment in order to show how Vietnamese intellectual property law receive the provision of limitations and exceptions in copyright law.
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Albarashdi, Saleh Hamed, and Muhammed Masum Billah. "Restrictive Conditions for Free Uses of Copyrighted Materials under Omani Law and Their Implications for Users’ of Copyrighted Materials." Journal of Arts and Social Sciences [JASS] 10, no. 3 (December 31, 2019): 35. http://dx.doi.org/10.24200/jass.vol10iss3pp35-45.
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Omani Copyright and Neighboring Rights Law of 2008 contains a list of exceptions to the exclusive rights of copyright holders. These exceptions allow people to copy and use copyrighted materials in certain cases without paying any fees or obtaining any permission from the copyright holders. The exceptions cover free uses for purposes like teaching, education, quotation in another work, dissemination of news etc. However, the Omani Copyright and Neighboring Rights Law puts many conditions for such free uses. Some of these conditions mirror similar conditions under the Berne Convention and other copyright conventions to which Oman is a party. Other conditions under Omani law are more restrictive than those that appear under international conventions. These additional conditions restrict the scope of free uses of copyrighted materials in Oman. Yet, some countries like USA and Canada, despite their being parties to the same international conventions, have much wider exceptions under their national legislation. The paper, therefore, recommends that Oman should follow the legislative approach of those countries in order to widen the scope of copyright exceptions for the benefits of users of copyrighted materials in Oman.
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Gupta, Pallavi. "Educational Need vs Copyright Law." International Journal of Civic Engagement and Social Change 4, no. 1 (January 2017): 53–63. http://dx.doi.org/10.4018/ijcesc.2017010104.
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In India, can a research scholar or student or teacher get photocopies from the chapters of original text book of publishers for educational, research or teaching purpose? Whether reproduction of work or distribution of copies for educational purpose is permissible under Copyright Law or it infringes the copyright of publishers or it is “fair use” only? Is copyright a natural or divine right or only statutory, right? Whether use of reproduced copyrighted books is reasonable educational need? This paper objects to answer these questions after analysing the decision of Hon'ble Court given in the case of The Chancellor, Masters & Scholars of the University of Oxford & Ors. V/s Rameshwari Photocopy Services & Another on 16.09.2016 & 09.12.2016) against the international debate and in favour of students or researchers who cannot afford to read costly books published by international publishers.
4
Mastura Muhammad Arif, Afida. "An analysis of copyright protection in Saudi Arabia." International Journal of Law and Management 56, no. 1 (February 4, 2014): 38–49. http://dx.doi.org/10.1108/ijlma-03-2012-0010.
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Purpose – This paper aims to explore the copyright laws of Saudi Arabia, illustrating the provisions governing the law. It seeks to outline Saudi Arabia copyright law within the framework of the international copyright protection, which include the Berne Convention and the TRIPS agreement. Design/methodology/approach – The paper is a thorough scrutinizing of the legal provisions of the Saudi Copyright Laws in regard to protected works, author's exclusive rights, lawful use of copyrighted works and the exceptions, mandatory licenses, duration of protection, provisions of infringements and penalties. The highlighted issue is concerning the exceptions in regard to public interest, particularly relating to education purposes. Findings – The paper finds that the Saudi Arabia Copyright Laws have met the requirement of the international copyright laws. The conditions for mandatory license and the 12 exceptions which permit lawful usage of copyrighted work under the copyright law without seeking the permission of the author are also in line with the international copyright laws, as public interest is the paramount consideration in exercising these exceptions. Originality/value – There is lack of study on copyright law in the Saudi Arabia per se. Therefore, this study on the Saudi Arabia copyright laws seeks to fill in this gap and to provoke further discussion on this issue. It should be useful to the academic community, particularly in the Saudi Arabia and the Gulf Cooperation Council countries.
5
Weijie, Huang. "Introducing a Levy Scheme to Online Educational Use of Copyrighted Works." Journal of Educational Theory and Management 5, no. 2 (December 2, 2021): 51. http://dx.doi.org/10.26549/jetm.v5i2.7713.
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It is common for teachers to use others' copyrighted works for the purpose of teaching. The current copyright law in many nations only exempts educational use in the context of offline classroom teaching. The use of others’ copyrighted material in online teaching may still constitute copyright infringement. To protect teachers from the chilling effect of copyright infringement, to safeguard the public's freedom to obtain knowledge, and to ensure the commensurability of the profits and responsibilities of online teaching platforms, this paper proposes a levy scheme for online teaching. Under the levy scheme, teachers are free to use others’ published work for the purpose of online teaching, provided that such use does not conflict with a normal exploitation of the work and does not unreasonably prejudice the legitimate interest of the copyright owner. Online teaching platforms should remunerate the copyright owner of the work used in the platform according to the number of participants of the course that uses such work.
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Kedia, Yuliia. "Work of collaboration in the creation of literary works under the legislation of Ukraine and France." Theory and Practice of Intellectual Property, no. 6 (June 16, 2021): 24–30. http://dx.doi.org/10.33731/62020.233885.
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Kedya Y. Work of collaboration in the creation of literary works under the legislation of Ukraine and France. This article highlights particular legal frameworks, definition and practice of applicability of co-authorship (works done in collaboration) by publishers and co-authors. In addition, we will cover the differences between the co-authorship upon creation of a work and collective works. The analysis is based, inter alia, on comparison of French Ukrainian laws, thus, giving an opportunityto crystalize particular shortcomings and advantages of set forth by Ukrainian laws related to above matters.The research formulates a comprehensive overview of the defining and basic rulesof co-authorship, comparative analysis of (a) collective works with (b) works of collaboration,as well as analysis of shortcomings and advantages set forth by Ukrainianlaws. The author reviews and analyzes main provisions in Ukrainian legislation, suggestspossible solutions of the main problems, deliberates ways of laws developmentin future. The paper is based on author’s professional experience.Main conclusions of comparative analysis of legal regulation definition of co-authorship definition in Ukraine and France are as follows:
•According to Intellectual Property Code of France only physical persons may be considered co-authors, including literary works. At the same time, Ukrainian law is silent on this matter. It must be noted that according to the Law of Ukraine «On Copyright and Related Rights» (the «Copyright Law»), co-authors are persons whose joint work creates a literary work. At the same time, the definition given to the author by said law limits creative participation to physical person;•The Copyright Law defines the concept and set forth the pre-conditions for co-authorship. However, unlike the French Code of Intellectual Property (Article L113-2), no due attention has been paid to the concept of a collective work. The authors believe that it is advisable to supplement Article 19 of the Copyright Law by (i) the definition of a collective work and (ii) to distinguish between the concepts of a composite work and a collective work;•It is necessary to harmonize the conclusion of an agreement between co-authors in the Civil Code of Ukraine and the Copyright Law;•Research uncovered certain flaws in the conclusion of agreements between co-authorson creation of a collective work;•Examining the Intellectual Property Code of France was helpful for finding the difference between collective works and co-authorship of a particular work.Key words: work of collaboration, composite work, collective work, copyright, intellectual rights, literary work
7
Nabila, Sitti, and Sanusi Bintang. "Copyright Infringement in Youtube Under Indonesian and Malaysian Laws: The Cases of Aisyah Istri Rasulullah and Karna Su Sayang Songs." Syiah Kuala Law Journal 5, no. 1 (April 30, 2021): 41–49. http://dx.doi.org/10.24815/sklj.v5i1.20963.
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This study describe the prescription problems in the case of Aisyah Istri Rasullullah song constitute infringement under Indonesian Copyright Law No. 28 of 2014 on Copyright; Karna Su Sayang song constitute infringement under Malaysian Copyright Law Act 332 1987 and the implementation of the law regarding the dispute settlement of the Aisyah Istri Rasulullah song and Karna Su Sayang song. The normative legal research method was used in this research. The results of this study shows that the Aisyah Istri Rasulullah song ingfrings Article 5 and 9 Indonesian Copyright Law stipulate that is prohibited to take the advantage of the copyright work without the owner permission and use it for commercial and Karna Su Sayang song infrings Section 13 and 36 Malaysian Copyright law; There are many similarities between the infringing copy and original work, there is a causal relationship between the infringing work and original works, and the infringing is an essential part of the original work. The recommendation for Indonesia’s and Malaysia’s lawmakers is to revise the Copyright law, so that the copyright infringement on YouTube related the use of fair use and pirates from uploading content will get the strengthen sanction. And create more comprehensive policy regarding the protection of song and Music in YouTube to made the enforcement of the policy to become more effective.
8
Courtney, Kyle K. "The state copyright conundrum: What’s your state government’s rule on copyright?" College & Research Libraries News 79, no. 10 (November 8, 2018): 571. http://dx.doi.org/10.5860/crln.79.10.571.
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U.S. copyright law has a unique place in the world regarding federal works and copyright. Federal copyright law states that “Copyright protection under this title is not available for any work of the United States Government.”1 This is a broad and clear statement that works of the federal government are in the public domain and are free for use by all.
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Юмашев, Юрий, Yuriy Yumashev, Елена Постникова, and Elena Postnikova. "CONTEMPORARY STATE OF GERMAN COPYRIGHT LAW." Journal of Foreign Legislation and Comparative Law 3, no. 3 (July 10, 2017): 54–60. http://dx.doi.org/10.12737/article_593fc343b1df17.24854769.
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This article analyzes the common problems of German copyright law (GCL). The authors begin with the concept of copyright law, emphasizing the personal, absolute and inalienable GCL. It operates on the basis of the so-called “monistic doctrine”, whereby its indivisibility and the creative individuality of the author play a vital role.
Then the authors describe the sources of GCL (first of all, the Basic Law of Germany, the German Law on Copyright and Related Rights, the International Convention on Copyright, the Agreement on trade-related aspects of intellectual property rights (trips) concluded under the World Trade Organization (WTO), and the primary and secondary law of the European Union).
Also there is an analysis of objects of GCL (copyrighted works) and their main elements: personal character, intellectual content, forms, and their perception of others. Original work must be the result of intellectual effort of the author, who is the subject of copyright.
The content of the GCL, the mechanism of its regulation and the scope of its application, including the dates of validity are
analyzed in present article.
Special attention is paid to the peculiarities of copyright and publishing contracts, issues of related rights, as well as a distinctive trait of GCL – the societies for the collective management of copyright and related rights. Also the article addresses civil and criminal penalties for violations of the GCL.
In conclusion the authors noted that the images of historically significant personalities can be published without their consent in a public and justice interests.
10
Hugenholtz, P. Bernt, and João Pedro Quintais. "Copyright and Artificial Creation: Does EU Copyright Law Protect AI-Assisted Output?" IIC - International Review of Intellectual Property and Competition Law 52, no. 9 (October 2021): 1190–216. http://dx.doi.org/10.1007/s40319-021-01115-0.
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AbstractThis article queries whether and to what extent works produced with the aid of AI systems – AI-assisted output – are protected under EU copyright standards. We carry out a doctrinal legal analysis to scrutinise the concepts of “work”, “originality” and “creative freedom”, as well as the notion of authorship, as set forth in the EU copyright acquis and developed in the case-law of the Court of Justice. On this basis, we develop a four-step test to assess whether AI-assisted output qualifies as an original work of authorship under EU law, and how the existing rules on authorship may apply. Our conclusion is that current EU copyright rules are generally suitable and sufficiently flexible to deal with the challenges posed by AI-assisted output.
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Hugenholtz, P. Bernt, and João Pedro Quintais. "Copyright and Artificial Creation: Does EU Copyright Law Protect AI-Assisted Output?" IIC - International Review of Intellectual Property and Competition Law 52, no. 9 (October 2021): 1190–216. http://dx.doi.org/10.1007/s40319-021-01115-0.
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AbstractThis article queries whether and to what extent works produced with the aid of AI systems – AI-assisted output – are protected under EU copyright standards. We carry out a doctrinal legal analysis to scrutinise the concepts of “work”, “originality” and “creative freedom”, as well as the notion of authorship, as set forth in the EU copyright acquis and developed in the case-law of the Court of Justice. On this basis, we develop a four-step test to assess whether AI-assisted output qualifies as an original work of authorship under EU law, and how the existing rules on authorship may apply. Our conclusion is that current EU copyright rules are generally suitable and sufficiently flexible to deal with the challenges posed by AI-assisted output.
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Ariefzani, Tassaufi. "Legal Protection Of The Creator Of Online SKCK Computer Programs Which Hasn't Be Registered Under Law Number 28 Year 2014." Veteran Justice Journal 1, no. 1 (February 7, 2020): 24–40. http://dx.doi.org/10.33005/vjj.v1i1.17.
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Copyright is one part of intellectual property that has the broadest scope of protected objects, because it includes science, art and literature (art and literary) which includes computer programs. Copyright is a special right for the creator or recipient of the right to announce or reproduce the copyright or give permission for it in the fields of science, art, and literature, with certain restrictions. In Article 1 point 1 of Law No. 28 of 2014 concerning Copyright (hereinafter abbreviated as UUHC) it is regulated that copyright is the exclusive right of the creator which arises automatically based on the declarative principle after a work is realized in real form without reducing restrictions in accordance with statutory provisions - invitation. Anform of legal protection for creators of SKCK computer programs online unregistered, that computer programs are including works protected by law. The creator has an exclusive right that is moral rights and economic rights, and the rights are published since an idea is realized in a tangible form, copyright occurs not because of registration of the creation. The creator has the right to obtain proactive and repressive legal protection for the work if the rights are violated. The legal strength of theSKCK computer program online that has not been registered under Law No. 28 of 2014, that the registration of a work is not a requirement and for registrants to be considered as the creator, but if a work is transferred and the transfer of the work is not made in writing as referred to in Article 16 paragraph (2) letter e UUHC, then because it is a must, the transfer of copyright without being made in writing, either under the deed of hand or an authentic deed, is considered to have never occurred a transfer of copyright and there is no written evidence if disputed on the basis of copyright infringement.
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Ariefzani, Tassaufi. "Legal Protection Of The Creator Of Online SKCK Computer Programs Which Hasn't Be Registered Under Law Number 28 Year 2014." Veteran Justice Journal 1, no. 1 (February 7, 2020): 24–40. http://dx.doi.org/10.33005/vjj.v1i1.17.
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Copyright is one part of intellectual property that has the broadest scope of protected objects, because it includes science, art and literature (art and literary) which includes computer programs. Copyright is a special right for the creator or recipient of the right to announce or reproduce the copyright or give permission for it in the fields of science, art, and literature, with certain restrictions. In Article 1 point 1 of Law No. 28 of 2014 concerning Copyright (hereinafter abbreviated as UUHC) it is regulated that copyright is the exclusive right of the creator which arises automatically based on the declarative principle after a work is realized in real form without reducing restrictions in accordance with statutory provisions - invitation. Anform of legal protection for creators of SKCK computer programs online unregistered, that computer programs are including works protected by law. The creator has an exclusive right that is moral rights and economic rights, and the rights are published since an idea is realized in a tangible form, copyright occurs not because of registration of the creation. The creator has the right to obtain proactive and repressive legal protection for the work if the rights are violated. The legal strength of theSKCK computer program online that has not been registered under Law No. 28 of 2014, that the registration of a work is not a requirement and for registrants to be considered as the creator, but if a work is transferred and the transfer of the work is not made in writing as referred to in Article 16 paragraph (2) letter e UUHC, then because it is a must, the transfer of copyright without being made in writing, either under the deed of hand or an authentic deed, is considered to have never occurred a transfer of copyright and there is no written evidence if disputed on the basis of copyright infringement.
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Rimmer, Matthew. "An Elegy for Greg Ham: Copyright Law, the Kookaburra Case, and Remix Culture." Deakin Law Review 17, no. 2 (February 1, 2013): 385. http://dx.doi.org/10.21153/dlr2012vol17no2art85.
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The Kookaburra case was a tragic and controversial copyright dispute, highlighting the need for copyright law reform by the Australian Parliament. In this case, a copyright action was brought by Larrikin Records against Men at Work, alleging copyright infringement by Down Under of the Kookaburra song composed by Marion Sinclair. The dispute raised a host of doctrinal matters. There was disquiet over the length of the copyright term. There were fierce contests as to the copyright ownership of the Kookaburra song. The litigation raised questions about copyright infringement and substantiality — particularly in relation to musical works. The case highlighted frailties in Australia’s regime of copyright exceptions. The litigation should spur the Australian Law Reform Commission to make recommendations for law reform in its inquiry, Copyright and the Digital Economy. This paper provides a critical evaluation of the options of a defence for transformative use; a defence for fair use; and statutory licensing. The paper also examines the question of appropriate remedies in respect of copyright infringement. The conclusion considers the implications of the Kookaburra case for other forms of musical works — including digital sampling, mash-ups, and creative remixes. It finishes with an elegy for Greg Ham — paying tribute to the multi-instrumentalist for Men at Work.
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Akulov, Yu. "RESTRICTIONS ON COPYRIGHT IN UKRAINE AND THE UNITED STATES: A COMPARATIVE LEGAL ASPECT." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 117 (2021): 5–10. http://dx.doi.org/10.17721/1728-2195/2021/2.117-1.
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The article compares the American copyright system (from its inception, borrowing the basics of the English system to the establishment of the principle of "fair use") and the Ukrainian system, which provides a specific list of cases allowed as a restriction of copyright (enumerated system) by establishing in national legal acts of the three-stage test provided by the Berne Convention. The article examines not only the legislation of Ukraine and the United States in this area, such as: the Federal Copyright Act of 1790, the second Federal Copyright Act of 1909, the Copyright Act of 1976, the Civil Code of Ukraine, the Law of Ukraine "On Copyright law and related rights" but also the case law of the United States, which is a key element in regulating disputes in the area under discussion. The author analyzes a number of cases through the prism of changing approaches in the US system of property rights restrictions, namely Philpot v. Media Research Center Inc. No. 1: 17-cv-822 dated January 8, 2018; Peteski Productions, Inc. v. Leah Rothman No. 5: 17-CV-00122 dated August 30, 2017; Rosen v. eBay, Inc., No. 2: 13-cv-06801-MWF-E of 16 January 2015 and Corbello v. DeVito No. 2: 08-cv-00867-RCJ-PAL June 14, 2017. As a result of the research, the author determines that the national legislation establishes an exhaustive list of works that are its objects, at the same time, the ways of using the work depend on the type of particular work. Therefore, an exhaustive list of all possible ways to use the works is not provided. U.S. law provides for an exhaustive list of copyrighted works and an exhaustive list of ways to use such works. And the doctrine of "fair use" in the United States provides that in determining whether the use of work in any particular case is fair, there are at least 4 factors to consider. Keywords: the principle of "enumerated system", the system of "numerus clausus", the concept of "exceptions and limitations", US copyright law, the doctrine of fair use, the Agreement on guidelines for copying in non-profit educational institutions, free use of works, three-stage test.
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Sodipo, Bankole. "Are foreign copyright works protected in Nigeria?" Queen Mary Journal of Intellectual Property 10, no. 2 (June 9, 2020): 238–54. http://dx.doi.org/10.4337/qmjip.2020.02.05.
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Despite Nigeria's treaty obligations, Nigerian courts have, in the last quarter of a century, consistently but erroneously held that the Nigerian copyright statute does not protect copyright works of foreign persons. The purport of the decisions is that foreign persons cannot sue to protect their copyright in Nigeria. Given that the decisions of three trial courts and a Court of Appeal decision were never appealed to the Supreme Court, they arguably remain good precedent. The decisions suggest that foreign direct investors who need copyright protection are exposed in Nigeria. Relying on two of these cases, a leading intellectual property law text echoed this erroneous position. This article demonstrates that the decisions were reached in ignorance of applicable statute. As such, the decisions should not be followed by trial courts irrespective of the rule of binding judicial precedent. The article outlines various mechanisms within the copyright statute that extend the protection of the Nigerian copyright statute to foreign works. This article goes further than previous works. Unlike earlier works, this article suggests the path trial courts should tread, despite the rule of precedent, in distinguishing this line of cases to hold that foreign corporations incorporated in many treaty countries and foreign works emanating from many treaty countries are protected in Nigeria. Unlike earlier works, this article demonstrates that lower courts may refer this issue to higher courts for interpretation and guidance under the case stated procedure. Whilst other works made passing references to the Copyright (Reciprocal Extension) Order 1972 (the 1972 Order), that arguably extends copyright to foreign works under the Copyright Act 1970, none cited judicial authority that held that the 1972 Order made under the repealed Copyright Act 1970 is still valid under the current Copyright Act. None referred to the Interpretation Act that supports this judicial authority. Unlike previous work, this article reveals that if the Microsoft case that is the most significant of these cases is appealed to the Nigerian Supreme Court, the court will extend the time within which the Microsoft Corporation can appeal and reverse Microsoft and the line of cases identified in this article.
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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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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 it provides a transformative use of copyright works? Can such remixes by compulsorily licensed? Does a ‘mash-up’ raise issues concerning the moral rights of attribution and integrity, which are recognised in Europe and Australia?
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Kholiq, Mohamad Nur, Dinda Ajeng Puspanita, and Prawitra Thalib. "Copyright Protection of Art Containing Nudist Elements Under Positive Law In Indonesia." Law and Justice 6, no. 2 (March 28, 2022): 161–73. http://dx.doi.org/10.23917/laj.v6i2.17480.
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In Law No. 28 of 2014 concerning Copyright, copyright can be granted to photography and painting as works of art produced by human creativity and initiative. Problems arise in realism works of art in the form of painting or photography containing nudist elements. By applying normative juridical research approaches of legislation (statute approach) and conceptual approach, this study examined restrictions based on the meaning of one article that works being the object of copyright protection must comply with morals, religion, morality, public order or national defense and security. The findings revealed that copyright objects in the form of works of art containing nudist elements, as long as they follow the culture of the local community and are not intended to arouse sexual arousal, are entitled to copyright protection.
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Bonadio, Enrico, Nicola Lucchi, and Oreste Pollicino. "Fake news and copyright." Queen Mary Journal of Intellectual Property 11, no. 4 (January 4, 2022): 444–68. http://dx.doi.org/10.4337/qmjip.2021.04.02.
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As is known, new technologies have profoundly changed the way content is produced, shared and disseminated. One of the most recent (and worrying) changes is the phenomenon of ‘fake news’, especially since disinformation and intentional misrepresentation of real information have started to affect individual decision-making in the political sphere. It is a worrying phenomenon because the dissemination of fake news can challenge democratic values and undermine national security. Against this background, can copyright play a role in the fight against fake news? And what is the relationship between such news and copyright in the first place? Fake news in theory falls within copyright subject matter and may often meet the requirements for protection. The paper analyses three recent examples of fake news which have been widely disseminated online – and makes the point that copyright may subsist in such news. Yet, despite such content being potentially capable of attracting protection, we propose to remove any copyright which may arise on grounds of public interest. Indeed, when a work is protected by copyright, right holders have an incentive to exploit it, as the monopoly granted to them increases the ability to extract profits out of the work, for example via licensing. This may contribute to encouraging creators of fake news to spread such content across multiple channels to reach wide audiences. Excluding copyright could therefore help make fake news less appealing. A short reference will also be made to copyright defences which may be relied on by entities and individuals who check news’ accuracy (fact-checkers) – that is, the fair use doctrine under US law and several exceptions under EU (and UK) law, namely transient use, text and data mining, criticism and review and public security. * All authors contributed equally to this manuscript and are listed alphabetically.
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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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Poturai, Kateryna. "The features of the contractual form of protection of subjective intellectual property rights for a cinematographic work under the laws of Ukraine and the countries of the European Union." Law Review of Kyiv University of Law, no. 4 (December 30, 2020): 323–28. http://dx.doi.org/10.36695/2219-5521.4.2020.57.
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The article reveals the features of the contractual form of subjective intellectual property rights to a cinematographic work underthe laws of Ukraine and the European Union as the main form of protection of cinematographic works.The author emphasizes that in modern development of copyright relations, civil law has abandoned the legislative consolidationof the concept of copyright agreement, yet only lists and discloses the sense of its types.Thus, at the legislative and theoretical level, the problem of classifying a copyright agreement on the creation of a cinematogra -phic work as an agreement on the alienation of exclusive rights or a license agreement still remains unresolved. At the present stage,the legal regulation of the creation and use of films is further complicated by the fact that many film studios instead of copyright agreementsenter into refit contracts on the creation of films.The author draws attention to the fact that the French legal doctrine does not see any difference between the subject of the contractand the content of the obligation and uses such concepts as synonyms. The French legislator does not give a general concept, whichwould reveal the main features of the copyright agreement. However, the provisions of the French Intellectual Property Code directlyindicate the possibility of assignment of the author’s property rights (succession in a certain part of copyright) on the basis of the cont -ract. In the French literature and in the practice of courts it is unanimously recognized that from the point of view of general civil lawthe assignment of exclusive property copyrights is in principle a civil contract of sale of property, in turn a license is a civil contract ofproperty lease.The author also emphasizes that there is a necessity to regulate the conclusion of copyright agreements with all subjects of a cinematographicwork, which may have intellectual property rights in connection with the creation of such a work.
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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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Tanwir S. H., M. H., Dr Ranti Fauza Mayana, and Daniel Hendrawan, S. H., M. Hum., M.Kn. "ALTERNATIVE RESOLUTION OF INTELLECTUAL PROPERTY DISPUTES AS PART OF INVESTMENT IN THE CREATIVE INDUSTRY SECTOR UNDER INDONESIAN LAW." Humanities & Social Sciences Reviews 7, no. 5 (September 28, 2019): 93–97. http://dx.doi.org/10.18510/hssr.2019.7512.
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Purpose: The amount of investment in Indonesia both foreign and domestic increases in number each year. One of the growing investment in Indonesia is the creative industry. Creativity from this creative industry produces a variety of works protected by intellectual property. The development of intellectual property law advanced rapidly. One form of intellectual property is copyright. The many interests in the implementation of this copyright cause some problems and disputes. Indonesia itself recognizes some non-court settlement disputes namely arbitration and mediation so that intellectual property may remain protected.
Methodology: This research study gathered secondary data from literature review, online article, dialogues and different document available on the internet regarding the copyright law. In addition, this research study has analysed different Indonesian law regarding copyright.
Main Findings: There are rights in copyright protected by law. In-Law No. 28 of 2014 it is possible to settle disputes outside the court through several methods. Article 95 of Law No. 28 of 2014 on Copyright stipulates that Settlement of Copyright disputes may be made through alternative dispute resolution, arbitration, or courts.
Implications/Applications: The findings of the study are helpful in gaining knowledge regarding law available regarding copyright and settlement of Copyright disputes through alternative dispute resolution, arbitration, or courts, etc.
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Li, Jingyi, and Niloufer Selvadurai. "Amending Chinese Copyright Law to Fulfil Obligations under the Marrakesh Treaty to Facilitate Access to Published Works for the Print Disabled." China Quarterly 240 (April 8, 2019): 1066–86. http://dx.doi.org/10.1017/s030574101900033x.
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AbstractChinese copyright laws have not yet given sufficient consideration to copyright exceptions or limitations to facilitate access to copyright works for persons with a print disability. Now that China has become a signatory party of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled, it would be significant if China could amend its copyright laws so as to end the “book famine” for a huge population with a print disability. The objective of this paper is to evaluate the effectiveness of Chinese copyright exceptions for the print disabled and propose amendment options for China's copyright law to ensure compliance with its signatory obligations. To this end, the paper provides an overarching examination of China's copyright exception arrangements for the print disabled, identifies the gap between Chinese copyright laws and the Marrakesh Treaty, and analyses previous proposals on copyright law reform.
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Guss, Aleksandra. "The Digitization of Cultural Heritage under Polish Law and Policy: Challenges Presented by Copyright Law." Santander Art and Culture Law Review, no. 2 (6) (2020): 377–406. http://dx.doi.org/10.4467/2450050xsnr.20.025.13028.
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Digitization in the narrow sense means the conversion of analogue data into digital form. Looking more broadly through the prism of the protection of cultural heritage, digitization of its objects means not only the conversion of analogue objects into their digital version, but is also related to the processing of the obtained material, file management, and finally, but not always, the sharing of digital documentation. It is not a simple procedure because it has many limitations, including those arising from issues of the copyright protection of digitized works. The aim of this article is to present the challenges related to copyright in relation to the digitization of cultural heritage in the light of Polish law and policy. Poland is one of the countries where the process of digitization of cultural heritage is developing dynamically, both through government programmes and grassroots digitization movements. However, there is no separate regulation in the Polish legal system devoted to the digitization of cultural heritage resources. This makes it difficult to ensure the digitization of a significant part of collections due to the limitations resulting from copyright and their relation to works that can potentially be transferred into the digital space.
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Murray, Michael D. "Reconstructing the Contours of the Copyright Originality and Idea- Expression Doctrines Regarding the Right to Deny Access to Works." 2013 Fall Intellectual Property Symposium Articles 1, no. 4 (March 2014): 921–40. http://dx.doi.org/10.37419/lr.v1.i4.5.
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ccess to innovative scientific, literary, and artistic content has never been more important to the public than now, in the digital age. Thanks to the digital revolution carried out through such means as super-computational power at super-affordable prices, the Internet, broadband penetration, and contemporary computer science and technology, the global, national, and local public finds itself at the convergence of unprecedented scientific and cultural knowledge and content development, along with unprecedented means to distribute, communicate, and access that knowledge. This Article joins the conversation on the Access-to-Knowledge, Access-to- Medicine, and Access-to-Art movements by asserting that the copyright restrictions affecting knowledge, innovation, and original thought implicate copyright’s originality and idea-expression doctrines first and fair use doctrine second. The parallel conversation in copyright law that focuses on the proper definition of the contours of copyright as described in the U.S. Supreme Court’s most recent constitutional law cases on copyright—Feist, Eldred, Golan, and Kirtsaeng—interprets the originality and idea-expression doctrines as being necessary for the proper balance between copyright protection and First Amendment freedom of expression. This Article seeks to join together the two conversations by focusing attention on the right to access published works under both copyright and First Amendment law. Access to works is part and parcel of the copyright contours debate. It is a “first principles” question to be answered before the question of manipulation, appropriation, or fair use is contemplated. The original intent of the Copyright Clause and its need to accommodate the First Amendment freedom of expression support the construction of the contours of copyright to include a right to access knowledge and information. Therefore, the originality and idea-expression doctrines should be reconstructed to recognize that the right to deny access to published works is extremely limited if not non-existent within the properly constructed contours of copyright.
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Samuelson, Pamela. "The Originality Standard for Literary Works Under U.S. Copyright Law." American Journal of Comparative Law 42, suppl_1 (1994): 393–417. http://dx.doi.org/10.1093/ajcl/42.suppl1.393.
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Bonetto, Giacomo. "Internet memes as derivative works: copyright issues under EU law." Journal of Intellectual Property Law & Practice 13, no. 12 (July 2, 2018): 989–97. http://dx.doi.org/10.1093/jiplp/jpy086.
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Lee, Yin Harn. "Making videogame history: videogame preservation and copyright law." Interactive Entertainment Law Review 1, no. 2 (December 2018): 103–8. http://dx.doi.org/10.4337/ielr.2018.02.03.
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The continued accessibility of older videogames is threatened by the obsolescence of the hardware and software platforms on which they operate and the degradation of the physical media on which they are stored. This has made videogame preservation a topic of increasing concern to cultural heritage institutions. However, established preservation techniques, such as migration and emulation, raise numerous issues under copyright law, as they implicate rightholders' exclusive rights as well as protections against the circumvention of TPMs. This is exacerbated by the difficulty of locating the rightholders for a given videogame. Notwithstanding this, cultural heritage institutions may still take advantage of some flexibilities within the current copyright framework, in particular the exceptions relating to reverse engineering, decompilation, cultural preservation and orphan works, in order to begin the work of videogame preservation. In the longer term, it may be necessary for the sector to collaborate more closely with the videogame industry and to lobby for legislative reform.
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Abd Aziz, Ahmad Shamsul, Nor Azlina Mohd Noor, and Khadijah Mohamed. "THE NEED FOR PUBLIC INTEREST DEFENCE IN COPYRIGHT LAW DURING THE INFORMATION TECHNOLOGY ERA." International Journal of Law, Government and Communication 5, no. 19 (June 10, 2020): 107–17. http://dx.doi.org/10.35631/ijlgc.519008.
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In the age of information technology, copyright law contends with a new challenge. Owing to this, various challenges of regulating copyright infringement on the Internet need to be tackled. Copyright law has its intent in the public interest. Nevertheless, it should not forfeit the rights of the copyright owner. Therefore, a balance must be maintained in preserving copyright owners ' rights while, at the same time, the work can be used by the public. This is so as the public interest in Malaysia is not rendered as a special provision pertaining to entitlements under the Copyright Act 1987. Still, certain legal provisions in the Copyright Act 1987 include the term of public interest. In arguing the need to offer public interest in copyright law especially in the era of information technology, this article discusses the theory of public interest and the theory of information technology. Via library research, this article uses the legal research method. This article concludes that while there is no specific provision as regards the public interest in Copyright Act 1987, it does not in itself oppose Article 8 of the TRIPS Agreement because the public interest is being impliedly considered in the defense of copyright. Therefore, there is no need to create specific provisions as the current defenses of copyright are appropriate and the court may decide whether the use of such remedies is allowed or not.
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Fedorova, Nadiia. "Foreing and domestic experience in protecting intellectual property right to jewelry and jewelry." Theory and Practice of Intellectual Property, no. 6 (June 16, 2021): 31–37. http://dx.doi.org/10.33731/62020.233886.
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Key words: copyright, jewelry, bijouterie, unfair competition, trademark, litigation
Fedorova N. Foreing and domestic experience in protecting intellectual property right to jewelry and jewelry. The article focuses on studying the issue of protecting the design of artistic jewelry and bijouterie. The concept of “functionality” for jewelry is analyzed, namely, it is determined that the «functionality» notion is the quality of servicing the useful purpose. For example, a chair manufacturer cannot claim the four legs of a chair as a copyright. These four legs are a useful and functional aspect of this chair. If a competitor also manufactures a chair with 4 legs, it does not infringe any manufacturer's right, since these legs are for functional purposes only. The concept of«functionality» in jewelry means that the last cannot be protected as a normal work, since it is purely utilitarian. For example, the hands or numbers on the dial of a watch are considered as functional because the exclusive use of these aspects seriously impedes healthy competition in the watch industry. On the other hand, unique jewelry design cannot be considered functional as it has the exclusive use of its particular elements’ combination.The analysis of European legislation and US judicial practice is carried out. Under applicable US copyright law, jewelry is a subject to copyright. Under normal circumstances, the law does not require prior registration of jewelry copyright. However, in order to protect jewelry or bijouterie under the US Law on Copyright, it must meet certain conditions. The complaining party must provide evidence of illegal copying of the work and prove copyright infringement. In case of violation of copyright for jewelry, the author or the jewelry house must prove:•the originality of design;•the uniqueness in the elements combination in the process of jewelry design development.The object of an industrial design can be a shape, pattern, color, or their combination that determines the appearance of an industrial product. The main criterion for the industrial design patentability is its novelty. However, in practice, an examination for novelty when registering a designation as an industrial design, according to Alexandra Odinets, is not carried out, and the patent is issued «under the responsibility of the applicant».With regard to unfair competition in the jewelry market, according to the US jurisprudence, it is more often an offense in this context than a violation of trademark rights or copyright infringement. It is unfair competition that misleads a consumer. A competitor, by assigning a good name and an reputation established, is trying to get profit. The definition of unfair competition is carried out in a comprehensive manner, here the court will not focus on one feature of a piece of jewelry but would consider all its inherent features. In particular, it is a combination of unique elements that provide the originality of the product.The article provides recommendations for jewelry and bijouterie authors on copyright protection.
1. Pro avtorski i sumizhni prava : Zakon Ukrainy.
URL: https://zakon.rada.gov.ua/laws/show/3792-12#Text.
2. Tomarov I. Fashion Law: kopiiuvaty ne mozhna zaboronyty! Yurydychna hazeta Online. 2017. № 25(575). URL:https://yur-gazeta.com/publications/practice/zahist-intelektualnoyi-vlasnosti-avtorske-pravo/fashion-law-kopiyuvati-ne-mozhna-zaboroniti.html.
3. Herbert Rosenthal Jewelry Corp. v. Kalpakian, 446 F.2d 738 (9th Cir. 1971).
4. Dyrektyva Yevropeiskoho Soiuzu № 98/71.
URL: https://zakon.rada.gov.ua/laws/show/994_a88#Text.
5. “Designer” Jewelry vs. “Inspired-by” Jewelry: Intellectual Property Infringement and Unfair Competition Considerations, 34.
6. Davis v. Gap, Inc. - 246 F.3d 152 (2d Cir. 2001).
7. Trifari, Krussman & Fishel, Inc. v Charel Co., 134 F Supp 551 (1955, DC NY).
8. Copyright Law of the United States §102, at 68 (2000).
9. Cprava Vacheron I Constantin-LeCoultreWatches, Inc. proty Benrus Watch Co., Inc. URL: http://saperlaw.com/blog/wp-content/uploads/2007/09/cba-fashion-presentation-final.pdf (last visited April 19th, 2008).
10. Cosmetic Ideas, Inc. v. IAC/Interactivecorp, CV08-02074 R (C.D. California); Los Angeles Copyright Attorneys File Jewelry Copyright Infringement Lawsuit Over Copying Protected Jewelry Design, available at: http://www.iptrademarkattorney.com/2008/04/copyright-attorneys-jewelry-los-angeles-protected-jewelry-design-lawsuit-copying-copyrights-la.html (last visited April 19th, 2008).
11. Saper Law. “Designer” Jewelry vs. “Inspired-by” Jewelry:
Intellectual Property Infringement and Unfair Competition Considerations. 2008.
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De Bruin, Roeland, Madeleine De Cock Buning, and Lucky Belder. "Research Exceptions in EU Copyright Law." European Review of Private Law 20, Issue 4 (August 1, 2012): 933–60. http://dx.doi.org/10.54648/erpl2012061.
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Abstract: The European Copyright acquis communautaire seeks a balance between a high level of protection of right holders on the one hand and the promotion of learning and culture on the other by instituting strong exploitation rights and providing exceptions to these exclusive exploitation rights for purposes of research, education and the dissemination of knowledge and culture. The use of copyrighted works for several non-commercial research purposes is therefore made possible under European Union (EU) copyright law. In this article, it is shown that, despite its increasingly international character, copyright law remains largely national law, based on the principle of territoriality. National regimes vary significantly throughout the Member States, which leads to legal uncertainty, and may cause obstacles in transnational teaching and research. It will be concluded that harmonization of 'EU Copyright Law', which is flexible enough to cope with every challenge the digital age poses, is still a work in progress, which will continue into the coming years, if not decades. Résumé: L'acquis communautaire en droit européen du droit d'auteur cherche un équilibre entre d'une part un haut niveau de protection des ayants droit et d'autre part la promotion de l'enseignement et de la culture, en instituant d'importants droits d'exploitation et en prévoyant des exceptions à ces droits d'exploitation exclusifs dans un but de recherche, d'éducation et de diffusion de la connaissance et de la culture. L'utilisation d'oeuvres protégées par le droit d'auteur dans différents buts de recherché non-commerciaux est ainsi rendue possible en droit d'auteur européen. Dans cet article, il est indiqué que malgré son caractère de plus en plus international, le droit d'auteur demeure largement un droit national, basé sur le principe de territorialité. Les régimes nationaux varient de manière significative selon les Etats membres, ce qui conduit à une incertitude juridique et peut constituer des obstacles dans l'enseignement et la recherché transnationaux. Le présent article conclut que l'harmonisation du "droit d'auteur européen" qui est suffisamment souple pour affronter les défis de l'ère digitale, est encore en développement, lequel se poursuivra au cours des prochaines années, voire décennies. Zusammenfassung: Im acquis communautaire des europäischen Urheberrechts wird ein Gleichgewicht, zwischen einem hohen Schutzniveau der Rechtsinhaber einerseits und einem Fortschritt für Entwicklung und Kultur andererseits, angestrebt. Dazu werden zum einen starke Lizenzrechte implementiert, gleichzeitig aber auch Ausnahmen für diese exklusiven Nutzungsrechte für Zwecke der Forschung, Lehre und Verbreitung von Wissen und Kultur geschaffen. Dementsprechend ist die Nutzung urheberrechtlich geschützter Arbeiten für eine gewisse Anzahl an nicht-kommerziellen Forschungszwecken gemäß EU-Urheberrecht möglich. In dem vorliegenden Beitrag wird aufgezeigt, dass das Urheberrecht trotz seines immer stärker werdenden internationalen Charakters nach wie vor weitestgehend nationales Recht, basierend auf dem Territoritalprinzip, bleibt. Die nationalen Regelungen der Mitgliedsstaaten variieren jedoch signifikant, was zu Rechtsunsicherheit führt und Hindernisse für transnationale Forschung und Lehre mit sich bringen kann. Schließlich wird die Schlussfolgerung gezogen, dass die Harmonisierung eines "EU-Urheberrechts", das flexibel genug ist, allen Anforderungen, die das digitale Zeitalter bringt, zu begegnen, eine anhaltende "Baustelle" ist, die noch die nächsten Jahre, wenn nicht Jahrzehnte andauern wird.
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Karelina, M. M., and N. V. Buzova. "History of the Formation of the Institute of Copyright." Pravosudie / Justice 2, no. 4 (December 25, 2020): 153–75. http://dx.doi.org/10.37399/2686-9241.2020.4.153-175.
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Introduction. The history of copyright is closely linked to changes in society and the development of social relations in it. A paradigm shift in society leads to a change in attitudes to creative work and its results. The identification of common historical patterns allows us not only to better under¬stand the problems arising in copyright, but also to determine the trends of further development. Materials and Methods. The article analyzes foreign and Russian legislation on copyright in its historical context, starting from the Censorship Statute of 1828, the Copyright Law of 1911 and ending with the Civil Code of the Russian Federation. We also consider the works of well-known Russian legal researchers and foreign thinkers devoted to copyright and creative activity of the author. Results. Despite the fact that it is generally assumed that copyright belongs to civil law institutions, in certain historical periods, the relationship between the author and users, as well as society as a whole, has public legal aspects. The most frequent change in public-law and private-law approaches is observed in Russian copyright, which is due to political and economic changes that have taken place in the state. Discussion and Conclusion. Currently, society is facing another paradigm shift. The emergence of new technologies has given impetus not only to the use of copyright objects, including in infor¬mation and telecommunications networks, but also for the transformation of interaction between the author, the user and the state in connection with the extraction of a positive effect from the use of creative results. It seems that the active introduction of new technologies, for example, artificial intelligence, should not lead to the dominant influence of the state on copyright relations and overregulation of copyright.
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Lutkova, O. V. "Regulation of Cross-Border Copyright Relations related to Works with an Unknown Copyright Holder (Orphan Works)." Actual Problems of Russian Law 15, no. 12 (December 30, 2020): 109–21. http://dx.doi.org/10.17803/1994-1471.2020.121.12.109-121.
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The existing options for regulating the admission of third parties to the use of orphan works are not unified and tend to the legal presumptions opt-in (the copyright holder disagrees by default) or opt-out (the copyright holder agrees by default). There are certain common directions of the development of regulation concerning such issues as key understanding of an orphan works, preliminary search for a copyright holder, providing the copyright holder with the opportunity within a certain period to restore his rights and receive compensation for the use of a work, limitation of compensation for the use of an orphan works. Some states also show a tendency to the development of regulation of access to orphaned works specifically for cross-border relations: the creation of joint storage banks and cooperation of such banks (EU); recognition of the status of an orphan work established in one state by other (contracting) states (EU); the perception (In the established case) by national courts of supporting documents issued in a foreign jurisdiction on the search for the copyright holder as evidence of the orphanhood of the work (USA); establishment of conflict of laws regulation for finding the law applicable to relations with works restored under copyright protection (USA). Due to the fact that the activities of states to regulate access to works with an unknown rightholder contradicts the concept of the exclusivity of copyright and the imperativeness of their validity, the creation of a legal regime for the protection of orphan works should be initiated at the conventional (unifying) level.
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Coad, Samuel. "Digitisation, Copyright and the Glam Sector: Constructing a Fit-For-Purpose Safe Harbour Regime." Victoria University of Wellington Law Review 50, no. 1 (June 3, 2019): 1. http://dx.doi.org/10.26686/vuwlr.v50i1.5551.
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Copyright law does not currently align with the legitimate activities of galleries, libraries, archives and museums (GLAMs). The GLAM sector plays a central role in collecting and promoting access to cultural works. Increasingly, GLAM institutions are employing innovative digital technologies to expand access to culture and foster greater levels of cultural participation. Despite the utility underlying digitisation, copyright limits the use of digital technologies within the GLAM sphere. This article examines current copyright limitations and demonstrates copyright's significant limiting effect. It argues that reform is necessary to strengthen the right to participate in cultural life and to remedy harms inflicted by the current copyright regime. Creating a fit-for-purpose safe harbour would empower institutions to employ digitisation within a framework of reasonable copyright constraints. Accordingly, this article constructs a potential safe harbor that permits non-commercial GLAM digitisation, while also protecting copyright holders and tikanga Māori. The Copyright Act 1994 is currently under review. New Zealand ought to seize the present reform opportunity to invigorate participation in cultural life and enrich the cultural fabric of society.
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Bagienska-Masiota, Aleksandra. "AUTHORIZATION IN THE POLISH PRESS LAW." Administrative and Criminal Justice 3, no. 84 (February 6, 2019): 90. http://dx.doi.org/10.17770/acj.v3i84.3463.
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Since 1984, there have been regulations in the Polish press law under which the publication of verbatim statements of a person provided to the press depends on the consent of the person who made such a statement (authorization). These statements may have a creative nature on many occasions which is subject to the regimen of copyright.The scientific purpose of the article focuses on the problem of the influence of regulations on authorization adopted in 2007 on the right to the paternity of a work. The author regards as creativity, under certain conditions, not only a press article but also original statements made to the press. Thus, the specified problem concerns the borderline area between the press law and the copyright.An analysis of regulations which were in force until 2007, including an analysis of the legal status of statements that are subject to authorization and analysis of changes introduced to the authorization law in 2007 together with analysis of the legal status of statements subject to authorization will be used to solve the problem. The author indicates, moreover, circumstances which must be present for a statement made to the press to be regarded as a work protected by copyright and discusses the right to the paternity of the work in the context of statements made to the press. The author uses the dogmatic and legal historical method and the method of case law analysis.In the author’s opinion, the introduced changes consolidate the copyright of the person making a statement to the press and if they use the rights to authorization they are entitled to.
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Cantalamessa, Elizabeth. "Appropriation Art, Fair Use, and Metalinguistic Negotiation." British Journal of Aesthetics 60, no. 2 (January 11, 2020): 115–29. http://dx.doi.org/10.1093/aesthj/ayz055.
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Abstract Appropriation art (AA) involves the use of pre-existing works of art with little to no transformation. Works of AA (often) fail to satisfy established criteria for originality, such as creative labour and transformative use. As such, appropriation artists are often subject to copyright lawsuits and defend their work under the fair use doctrine of US copyright law. In legal cases regarding AA and fair use, judges lack a general principle whereby they can determine whether or not the offending party has ‘transformed’ the original work. Further, it is not the case that there is some antecedent fact that could determine the outcome one way or another. I diagnose debates surrounding the transformative nature of works of AA as cases of ‘metalinguistic negotiation’ over what concepts we should attach to terms like ‘copy’, ‘transformative’, and ‘work of art’.
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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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Ortega, Diego, and Chase Kaniecki. "Gray Becomes Black and White: Exploring Options for U.S. Businesses in Wake of the Kirtsaeng Decision." Global Trade and Customs Journal 10, Issue 2 (February 1, 2015): 87–94. http://dx.doi.org/10.54648/gtcj2015007.
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In Kirtsaeng v. John Wiley & Sons, Inc., 133 S. Ct. 1351 (2013), the Supreme Court held that gray market goods are protected by the first sale doctrine of the Copyright Act of 1976 ("Copyright Act"). U.S. manufacturers are typically at a severe disadvantage when competing with gray marketers who offer essentially the same or comparable goods at lower prices. Accordingly, businesses should explore new avenues to limit the economic power of gray market goods by using: (1) licenses for copyrighted works; (2) contract provisions restricting distribution; (3) remedies under trademark law, such as Lever rule protection under section 42 of the Lanham Act or by curtailing the importation of certain foreign-manufactured merchandise through section 526 of the Tariff Act; and (4) consumer protection laws in applicable states such as California, Connecticut, and New York.
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Graham, Lorie M., and Stephen M. McJohn. "Intellectual Property's First Sale Doctrine and the Policy Against Restraints on Alienation." Texas A&M Law Review 7, no. 3 (May 2020): 497–541. http://dx.doi.org/10.37419/lr.v7.i3.1.
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The first sale doctrine decouples intellectual property and physical property. Suppose, at an auction at Sotheby’s, someone bought a contemporary painting by Chuck Close. The buyer now owns the physical painting, but the copyright to the painting remains with the owner of the copyright—the painter Chuck Close or whomever Close may have transferred the copyright to. Absent the first sale doctrine, if the buyer either sold the painting or displayed it to the public, the buyer would potentially infringe the copyright in the painting. The copyright owner has the exclusive right to display copies (including the original, the first copy) of the painting to the public and to distribute copies to the public. However, the first sale doctrine provides that the owner of an authorized copy may display or distribute that particular copy without infringing. The distribution right and display right no longer apply; these rights are “exhausted.” Permission from the copyright owner is not required to resell copyrighted works or to display them. First sale permits a broad swath of activity. Used bookstores, libraries, swap fests, eBay, students reselling casebooks, and many more may rely on first sale to protect their distribution of copyrighted works. Museums, galleries, archives, bookstores, and more can likewise display their copies of copyrighted works without infringing under first sale. First sale (more commonly called “exhaustion” in patent law) also applies to patented products. Someone who buys a patented product (such as a pharmaceutical, computing device, or printer cartridge) can use or resell that product without infringing the patent, even though the patent owner has the rights to exclude others from using or selling the invention. First sale enables markets for resale or lease of patent products, from printer cartridges to airplanes. First sale has its limits. In copyright, it applies only to the rights to distribute and to display the work. The copyright owner also has the exclusive right to make copies, to adapt the work, and to perform the work publicly, which are not subject to first sale. The painting buyer would potentially infringe if the buyer made a copy of the painting or adapted it into another artwork, but the buyer could not infringe the performance right, because one cannot perform a painting. The owner of a copy of a musical work may infringe if she performs it in public, which is why bars need licenses to play copyrighted music, even using copies they have purchased. The owner of a copy of a movie may infringe if she adapted the movie, such as making a sequel—or even dubbing the movie in another language. In patent, first sale likewise would not authorize the purchaser of a product to make additional copies. Similarly, first sale in patent would authorize the buyer of a patented item to use it or resell it, but not to make another one. First sale is long-established, by statute in copyright and by judicial interpretation in patent. The underlying policy of first sale, however, has been unsettled. First sale can be seen to rest on either of two rationales. The first is a contract-based, gap-filler approach. If someone sells a painting, one would expect an implicit agreement that the buyer could display the painting or resell it, as both actions are customary with artworks. To simplify transactions, the rights to resell and display are automatically included in the transaction. The other justification is the policy against restraints on alienation, borrowed from the law of real property. Someone who sells property may not impose unreasonable restraints on the buyer’s ability to resell the property. As transplanted to intellectual property law, once a party voluntarily parts with a copy, she should no longer be able to control what the buyer does with it. Hence, her rights are “exhausted” in that particular copy. The underlying rationale is important for determining the extent of the first sale doctrine. If first sale is a gap-filler, then the parties could contract around it, agreeing that the property sold would not be subject to first-sale rights. If first sale is a policy-based bar against unreasonable restraints on alienation, then first sale is mandatory—it is not subject to the agreement of the parties but rather is the opposite: a limit on the enforceability of their agreement. Both strains can be seen in the case law. Two recent Supreme Court cases, however, decisively rested first sale on the restraints-against- alienation rationale, expressly rejecting the proposition that parties can contract around first sale. This Article explores the implications of those cases for the boundaries of first sale, focusing on two issues. First, California’s resale royalty law required that artists receive 5% of the proceeds on resale of their work. The Ninth Circuit held that the California statute was preempted by the first sale doctrine of federal copyright law. We conclude that, if first sale serves to prevent unreasonable restraints on alienation, such resale royalty statutes should be valid. Rather than an unreasonable restraint on alienation, they permit resale, imposing a modest burden for a purpose entirely consonant with copyright law: rewarding authors. Second, software sellers have long avoided first sale by characterizing software sales as mere licenses, while formally retaining ownership of the software after delivery to the buyer. Courts have enforced transactions according to the parties’ contract. We conclude, however, that such transactions, which are intended to prevent resale of software, should be characterized as sales in substance, triggering first-sale rights to resell the software, overriding the contractual restraint on alienation.
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Clement, Annie. "Intellectual Property and the Media: An Examination of Copyright, Trademark, and Right of Publicity in Sport." International Journal of Sport Communication 4, no. 1 (March 2011): 82–98. http://dx.doi.org/10.1123/ijsc.4.1.82.
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This treatise addresses the elements of the law of intellectual property (IP)—namely, copyright, trademark, and right of publicity—most important to members of the sport media. Statutes and court decisions under copyright include definition, rights of owners, fair use, licenses, secondary transmission, file sharing, and work for hire. Under trademark name confusion, dilution, trade dress, abandonment, and cancellation are described, and the current use of the right of publicity, a new member of the IP group, among athletes and entertainers is outlined. Infringement and criminal violation of IP rights are mentioned. The results of court cases focus on IP decisions in sport.
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Seymour, David M. "This is the piece that everyone here has come to experience : the challenges to copyright of John Cage's 4′33″." Legal Studies 33, no. 4 (December 2013): 532–48. http://dx.doi.org/10.1111/j.1748-121x.2012.00262.x.
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Framed within the broader context of law's engagement with modernism, this paper offers an argument in defence of copyright protection of John Cage's 4′33″ as a ‘musical work’ under the Copyright, Designs and Patents Act 1988. This argument approaches the issues involved analytically and contextually. In doing so, it draws on both legal and non-legal sources. Throughout the paper, the underlying question remains as to whether Cage's 4′33″ really is – or is not – a challenge to law (and to music).
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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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Spahiu, Artan, and Fatma Spahiu. "The Copyright in Albania and its Legal Protection under National Law." European Journal of Social Sciences Education and Research 5, no. 1 (December 30, 2015): 143. http://dx.doi.org/10.26417/ejser.v5i1.p143-153.
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It is a fact that the entire history of existence and development of human society has been founded on products of intellectual creativity of the human mind, which have been used to solve different problems of the time.We all have witnessed how the human imagination in the world has made possible the development in the field of science, technology and especially in Arts. Scientific innovations and the artistic activities, such as the music, painting or literature are created by individuals who have the ability to see and to express things in new and innovative ways.Intellectual property is a legal term that refers to the special protection, reserved by the law to the product shaped by human ideas, such as scientific and technological inventions or the artistic works. First of all, the intellectual property is considered a non-material asset that can be sold, bought, exchanged, licensed, etc., as well as any other property. On the other hand, it is considered as a personal exclusive right of the owner. Under intellectual property laws, the owner of intellectual property is granted the right to stop any infringement, unauthorized intervention or activities in relation to his property. One of the most important intellectual property rights is the copyright, which is the object of study of this article. The Copyright and the related intellectual rights, specially provided by the domestic normative framework, constitute relatively new legal institutes to Albanian reality. The Copyright in Albania presents special features because on the one hand it’s facing a normative regulation which aspires to get closer to international standards, but in practice it’s facing a insufficient and ineffective protection by the competent state authorities.
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Rasyid, Fitri Pratiwi. "KAJIAN RELEVANSI DELIK ADUAN PADA IMPLEMENTASI UNDANG-UNDANG HAK CIPTA." Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada 32, no. 2 (October 15, 2020): 212. http://dx.doi.org/10.22146/jmh.51060.
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AbstractLaw enforcement efforts against copyright infringement in Indonesia are regulated as a complaint offense under Article 120 of Law Number 28 of 2014 concerning Copyright. Complaint offense implementation had connected with one consideration suggested that the officials having difficulty to distinguish between an original work and a copy. Referring to normative study that has been conducted, the complaint offense is irrelevant since it restricts law enforcement capacity of providing copyright protection. Appropriately, to protect creators and/or copyright holders whose rights have been violated, the officials should take an action without waiting for a complaint about the presence of copyright infringement.IntisariUpaya penegakan hukum terhadap pelanggaran hak cipta di Indonesia diatur sebagai delik aduan berdasarkan Pasal 120 Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta. Delik aduan berlaku dengan salah satu pertimbangan bahwa aparat penegak hukum kerap sulit membedakan ciptaan yang asli dengan tiruannya. Bersumber pada pengkajian normatif yang telah dilakukan, delik aduan tidak relevan diterapkan karena membatasi ruang gerak penegakan hukum dalam memberikan pelindungan hukum untuk berkarya. Sepatutnya, untuk melindungi pencipta dan/atau pemegang hak cipta yang dilanggar haknya, aparat penegak hukum dapat bertindak tanpa harus menunggu aduan pada pelanggaran hak cipta yang terjadi.
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Ożegalska-Trybalska, Justyna. "Status of derivative works of scientific publications under copyright law and publication standards." Nowotwory. Journal of Oncology 70, no. 3 (June 16, 2020): 118–20. http://dx.doi.org/10.5603/njo.2020.0025.
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Rahmatulina, Rimma Sh, Ekaterina A. Sviridova, and Angela S. Voskovskaya. "Pecularities of Protection and Legal Regime of Official Works in the Field of Lighting Design." Volume 26, Number 4, 2018, no. 04-2018 (December 2018): 99–104. http://dx.doi.org/10.33383/2018-084.
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The legal regime of official works has a complex dichotomous construction. The issues connected with the creation of an official work are subject to the labour law, while the issues of official work usage are governed by copyright. The protection issues of lighting design works have their own characteristics due to technical, artistic creativity and use of special technologies. These objects are subject to copying, and because of this fact a lot of legal issues in the field of not only copyright, but contract law arise. The authors of the article aim to determine the signs of creativity for the recognition of a lighting design work as an object of copyright; to develop the criteria for assessing the identity of a design work, created under a contract, and the result of creative activity, the rights to which are transferred to the customer; to identify subjects of copyright for lighting design works. The article uses special legal methods (comparative legal method, formallegal method and system analysis of legal phenomena method). On the assumption of Article 1295 provisions of the Civil Code of the Russian Federation, it can be concluded that it is possible to conclude an agreement on granting the employer the exclusive right to official lighting works, which were not yet created at the time of concluding such an agreement. The absence of a direct prohibition on the transfer or alienation of the exclusive right in respect of a future work may lead to the probability of recognizing such a contract as not concluded due to the inconsistency of its subject matter. In foreign jurisdictions, there is a ban on inclusion in the agreement of the condition on the result of intellectual activity not yet created (future works). At the same time, in advance to accurately identify the official work, which is to be created by the employee during his labour activity, should not deprive of legal force the contract on the use of official works by the employer. The article proves that the lack of definiteness of the subject, provided that such a subject can be classified as definable, does not entail recognition of this contract as not concluded, and its subject matter is not harmonized.
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Juardi, Adi, and Nurwati Nurwati. "EFFECTIVENESS OF COLLECTIVE MANAGEMENT ORGANIZATION IN COLLECTIVE ROYALTIES OF MUSIC AND COPYRIGHT WORK ON KARAOKE BUSINESS ACHIEVEMENT BASED ON LAW NUMBER 28 YEAR 2014 ON COPYRIGHT." DE'RECHTSSTAAT 4, no. 2 (January 10, 2019): 129. http://dx.doi.org/10.30997/jhd.v4i2.1521.
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He effectiveness of Collective Management Organization (CMO) in charge royalties on business karaoke questionable, this relates to the birth of Act No. 28 year 2014 about copyright which regulate in particular the CMO. Because there are still many karaoke business which still has not fulfilled the obligation to pay royalties of works of copyright music and their songs (karaoke company) exploitation for commercial business interests. This research aims to: (1) know the role of business in addressing CMO karaoke that doesn't pay royalties, (2) know the effectiveness of CMO administering royalties on the karaoke business person under law No. 28 Year 2014, (3) knowing the efforts in improving polling CMO royalty on the karaoke business. This type of research is the Juridical Sociological (Empirical) approach to legislation as well as interviews. The results of this study showed that the effectiveness of the CMO administering royalties have not been effective because it is based on the theory of legal effectiveness Soerjono Soekanto. Efforts in improving the collection of royalties already attempted CMO. The conclusions of this research that is not yet effective because CMO factor law enforcement community and culture that Indonesia is still not law abiding. Her advice is a strict law enforcement and awareness of the law business karaoke should be improved so that effective in running in CMO.
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Grossman, Gene M., and Petros C. Mavroidis. "US – Section 110(5) Copyright Act: United States – Section 110(5) of the US Copyright Act, Recourse to Arbitration under Article 25 of the DSU: Would’ve or Should’ve? Impaired Benefits due to Copyright Infringement." World Trade Review 2, S1 (2003): 281–99. http://dx.doi.org/10.1017/s1474745603001149.
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This dispute between the European Communities and the United States originated when the United States amended its copyright law in a way that nullified and impaired certain benefits promised to the European Communities under the Agreement on Trade Related Aspects of Intellectual Property (TRIPs). Article 9.1 of TRIPs requires all WTO members to comply with Articles 1 through 21 of the Berne Convention of 1971. Among the provisions of the Berne Convention thus incorporated into the TRIPs Agreement is one that grants to authors of literary and artistic works the exclusive right to authorize “the public communication by loudspeaker or any analogous instrument transmitting, by signs, sounds or images, the broadcast of the work,” and another that grants to authors of dramatic and musical works the exclusive right to authorize “any communication to the public of the performance of these works.”1