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Journal articles on the topic 'Copyright Moral rights Australia'
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1
Cantatore, Francina, and Jane Johnston. "Moral Rights: Exploring the Myths, Meanings and Misunderstandings in Australian Copyright Law." Deakin Law Review 21, no. 1 (February 23, 2018): 71. http://dx.doi.org/10.21153/dlr2016vol21no1art727.
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This article examines how moral rights are treated in Australian publishing contracts, and whether this approach is consistent with the expectations of authors, journalists and academics. Although, in theory, moral rights cannot be sold or assigned in Australia, the apparent wide scope for exceptions raises questions of whether there is any real protection afforded to creators under the Copyright Act 1968 (Cth), notably in circumstances that relate to pressure on creators to accept contractual terms in order to get published. Additionally, Australian case law reflects some uncertainty about 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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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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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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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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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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Puspasari, Anastasia Theresia. "Tinjauan Konsep Hak Eksklusif dalam Hak Cipta Berdasarkan Teori Hegel." Dialogia Iuridica 13, no. 2 (April 28, 2022): 140–61. http://dx.doi.org/10.28932/di.v13i2.4577.
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Copyright is a protection in a form of an exclusive right which is attached with the creator, including moral rights which are possessed by the creator for the embodiment for their personality in the creation. The referred moral rights are recognized in the international treaties, specifically in Berne Convention and TRIPS Agreement, which put forward the moral rights as a copyright protection. The protection of moral rights evolved from the Continental Europe countries, which recognizes author’s rights. The principle of moral rights could be analyzed with Hegel’s theory from the writing in his book entitled “Philosophy of Rights”, postulating the principle of how a person could claim his right of property possessions. In accordance with Hegel’s theory, this research will be focused on the scope of copyright as an exclusive right, which will also analyze the copyright law of Indonesia regulated in Law Number 28/2014. The copyright protection regarding moral rights in Law Number 28/2014 principally regulates the right given to the creator to signify their identities in their creation or to claim for their creation which adheres with their personalities. Moral rights are also given to performers in the form of related rights, as a right for the performers to claim the performance of the creation.
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Gultom, Hosiana Daniel Adrian, Ellora Sukardi, and Serlly Waileruny. "Kajian Terhadap Hak Eksklusif Atas Jingle Dari Perspektif Hak Cipta Dan Merek." Ajudikasi : Jurnal Ilmu Hukum 5, no. 2 (December 25, 2021): 135–50. http://dx.doi.org/10.30656/ajudikasi.v5i2.3978.
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Jingle is included in the category of creation in the form of songs or music under copyright law and is included in the type of sound mark in trademark law. Therefor there is a double legal protection for the jingle, namely copyright and trademark. Copyright law protection uses a declarative system while trademark law protection uses a constitutive system. In copyright law and trademark law there are exclusive rights, namely rights granted by the state to the rightful owner. Exclusive rights in copyright are moral rights and economic rights while exclusive rights in trademarks are called trademark rights. With the existence of moral rights and economic rights in the context of copyright law and rights to trademarks in the context of trademark law, various privileges arise for the owner of the jingle. These features are reviewed by the author in this paper with the aim that the jingle owner can understand the moral rights and economic rights in the copyright law system and the rights to trademarks in the trademark legal system that are related to the jingle in a precise and comprehensive manner.
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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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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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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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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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Svinarky, Irene, and Padrisan Jamba. "TINJAUAN HUKUM MENGENAI HAK CIPTA SEBAGAI HAK MORAL YANG MERUPAKAN HAK EKSKLUSIF TERHADAP PENCIPTA LAGU." eScience Humanity Journal 2, no. 2 (May 21, 2022): 137–42. http://dx.doi.org/10.37296/esci.v2i2.43.
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Copyright is one of the Intellectual Property Rights (IPR) that aims to provide protection to the creator. When discussed about the ownership of a copyright song is different from other rights in IPR, especially regarding moral rights that actually need to be obtained by the songwriter. Therefore, the author is interested in taking the title of Legal Review regarding Copyright Regarding Moral Rights as One of the Exclusive Rights To Songwriters. Based on the title, the purpose of the research raised is: To find out the moral rights obtained by songwriters based on laws and regulations. The nature of this research is descriptive, namely by studying, explaining the rules related to the problems raised. In addition, in the writing taken secondary data by collecting data from the library, then using data materials such as: First, primary data materials are regulations related to Copyright; Second, secondary data materials are books, papers, thesis, journals related to Copyright; Third, tertiary data material is an English dictionary.
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Nainggolan, Samuel Dharma Putra, Ni Made Yordha Ayu Astiti, and Diajeng Woro Andini. "COPYRIGHT DAN RIGHT TO COPY (PEMAHAMAN DASAR HAK CIPTA DAN HAK YANG TERKAIT DENGAN HAK CIPTA DALAM BIDANG HAK KEKAYAAN INTELEKTUAL)." HUKUM DAN DINAMIKA MASYARAKAT 20, no. 2 (December 23, 2022): 1. http://dx.doi.org/10.56444/hdm.v20i2.3551.
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Copyright is a system of rights in the field of Intellectual Property Rights (IPR). In Indonesia, arrangements regarding Copyright are currently governed by Law Number 28 of 2014 Concerning Copyright. Regulates the scope and protection of a work which is the embodiment of human creativity, taste and initiative as God's creatures. Copyright which is an exclusive right attached to the Author in which there are Economic Rights and Moral Rights. Authors and other parties who receive Rights Related to Copyrights can receive economic benefits from an existing copyrighted work (Economic Rights). died (moral rights). In the Civil Law System legal system, the focus is on protection of the Author, whereas in the Common Law System legal system, the focus is on the protection of Works.
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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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Drobiazko, Volodymyr. "Protection of the rights of performers in accordance with German law." Theory and Practice of Intellectual Property, no. 4 (October 19, 2022): 24–29. http://dx.doi.org/10.33731/42022.265846.
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Keywords: rights of the performer, moral rights, rights to use, communication tothe public, the right of the performer to demand payment of remuneration, the validityperiod of the rights to use
The article examines the protection of performers' rights in Germany, introduced by the Act amending copyright regulations of 24 June 1985. The Copyright Act includes Part 2 «Neighboring Rights», section 3 of which deals with the protection of performers' rights, and the law itself is called the «German Copyright and Neighboring Rights Act». The German Law of 10 September 2003 on the regulation of copyright in the information society completely amends §§ 73−83 of the Copyright and Related Rights Act, which governs the protection of performers' rights under the WPPT.The provisions of § 73 «Performer» are extended to the performance of works of folk art. Paragraphs 74−76 are devoted to the protection of moral rights, which were indicated fragmentarily by previous legislation. In the corrected form, moral rightstake precedence over rights of use, which confirms the special adherence of German law to them. Whereas under previous legislation so-called “consent rights” were granted to performers, the updated paragraphs grants the present rights of use:recording, reproduction and distribution, communication to the public, rights of use, the right of the performer to demand payment of remuneration, the sharing of several performances.In Germany, the rights of the organizer of performances are protected. If the performance of the performer is organized by a company, then the rights to use belong, in addition to the performer, also to the owner of the company. According to §83, the provisions of Section 6 «Copyright Restrictions» of Part I «Copyright» of the Copyright and Related Rights Act apply respectively to the restriction of the rights of the performer and the organizer of the performance.The protection of performers in Germany is in accordance with the provisions of the Rome Convention, the WPPT, the relevant EU directives. With further improvement of the protection of the rights of performers in Ukraine, it would be useful to use the experience of Germany regarding the protection of the rights of the organizer of a performance and determining the term for the protection of rights to performances recorded on a phonogram.
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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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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.
ABSTRACT
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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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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Moscati, Laura. "Origins, Evolution and Comparison of Moral Rights between Civil and Common Law Systems." European Business Law Review 32, Issue 1 (February 1, 2021): 25–52. http://dx.doi.org/10.54648/eulr2021002.
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The protection of moral rights embraces the now widespread personal sphere of copyright and originated much later than the economic exploitation of the work itself. Some of its components can be found in the English and German thought between the 17th and 18th centuries and, starting from the early 19th century, would have a substantial development through the contribution of both the French legal scholarship and case law. The legal foundations, in any case, date back to some codifications of the German area and to the earliest international treaties, making it a discipline that did not take into consideration the extent of the national territory. The purpose of this study is to evaluate the relevance of the European models and their influence in Italy after the national Unification, in particular in the first decades of the 1900s. In fact, the international protection of moral rights takes root in Italy during the 1928 Rome Conference for the revision of the 1886 Berne Convention. The United States joined it only later, in 1989, with the Berne Convention Implementation Act (BCIA). Thirty years later, the Copyright Office published in April 2019 an extensive study about the American protection of moral rights. The document is studied in this paper in comparison with the European Directives and with the Copyright Directive definitively approved a few days before the Copyright Office document. While in the USA the interest in moral rights up to now rather limited seems to be increasing, in Europe the protection of moral rights risks being waned as it is handed down to individual countries with the explicit declaration that it is not the subject matter of the Directives. Moral rights, origins, codification, Europe, Italy, Berne Convention, international treaties, USA, EU Directives, Canada
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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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Makka, Zulvia. "BENTUK PERLINDUNGAN HUKUM TERHADAP PEMEGANG HAK TERKAIT (NEIGHBOURING RIGHTS)." Borneo Law Review 3, no. 1 (October 28, 2019): 20–35. http://dx.doi.org/10.35334/bolrev.v3i1.1011.
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ABSTRAKHak terkait adalah hak yang berkaitan dengan hak cipta yang merupakan hak ekslusif bagi pelaku pertunjukan, producer fonogram, atau lembaga penyiaran. Berdasarkan pengertian hak terkait tersebut maka dapat dipahami bahwa yang merupakan pemilik hak terkait adalah pelaku pertunjukan, produser fonogram (lebih dikenal sebagai produser rekaman), dan lembaga penyiaran. Perlu adanya perlindungan untuk pelaku karena pelaku pertunjukan memiliki hak moral dan hak ekonomi yang terdapat pada pasal 23 UUHC. Yang memuat pada pelaku pertunjukan yang tidak dapat dihilang atau tidak dapat dihapus dengan alasan apapun. Namun pada prakteknya seringkali hak terkait ini dikesampingkan, karena lingkup perlindungan tidak hanya mencakup hak ekonomi dan hak moral. Permasalahan diatas menimbulkan isi hukum bentuk perlindungan terhadap hak terkait menurut undang-undang Hak Cipta dan perolehan Hak Terkait dalam Hak Cipta Isu hukum ini diteliti dengan menggunakan metode dengan tipe penelitian Normatif.Bentuk pelindungan Hukum terhadap Hak Terkait menurut Undang-Undang Hak Cipta terdiri dari 2 (dua) yaitu, perlindungn hukum preventif dan perlindungan hukum represif. Perolehan hak terkait dalam UUHC yaitu hak moral dan hak ekonomis. Hak moral pelaku pertunjukan merupakan hak yang melekat pada pelaku pertunjukan yang tidak dapat dihilangkan atau tidak dapat dihapus dengan alasan apapun walaupun hak terkait telah dialihkan. Hak Ekonomi Pelaku Pertunjukan adalah suatu hak yang diberikan oleh Undang-undang secara eksklusif kepada Pencipta untuk untuk memanfaatkan keuntungan suatu ciptaan yang biasanya berupa publikasi suatu salinan ciptaan atau fonogram supaya dapat tersedia untuk publik dalam jumlah tertentu. Kata Kunci : Perlindungan, Hak Terkait, Hak Moral, Hak Ekonomi AbstractRelated rights are rights relating to copyright which are exclusive rights for performers, producer phonograms, or broadcasters. Based on the understanding of related rights, it can be understood that those who are related rights holders are performers, phonogram producers (better known as record producers), and broadcasting institutions. There needs to be protection for the perpetrators because the performers have the moral rights and economic rights contained in article 23 of UUHC. Which includes the performers who cannot be lost or cannot be removed for any reason. But in practice often these related rights are ruled out, because the scope of protection does not only cover economic rights and moral rights. The above issues give rise to the contents of the law in the form of protection of related rights according to the Copyright law and the acquisition of Related Rights in Copyright This legal issue is examined using methods with normative research types.The form of legal protection against Related Rights according to the Copyright Act consists of 2 (two), namely, preventive legal protection and repressive legal protection. The acquisition of related rights in the UUHC is moral rights and economic rights. The moral rights of performers are the rights inherent in the performers who cannot be removed or cannot be removed for any reason even though the related rights have been transferred. The Economic Rights of Performers is a right granted by the Law exclusively to the Creator to utilize the benefits of a work which is usually in the form of the publication of a copy of a work or phonogram so that it can be available to the public in a certain amount. Keywords: Protection, Related Rights, Moral Rights, Economic Rights
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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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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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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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Gorda, AAA Ngurah Sri Rahayu, Ida Ayu Ketut Artami, Putu Eva Ditayani Antari, Kadek Januarsa Adi Sudharma, and Robert Vaisile Moisa. "Legal protection for copyright holders of commercialized remix song cover version." Legality : Jurnal Ilmiah Hukum 30, no. 1 (February 10, 2022): 1–11. http://dx.doi.org/10.22219/ljih.v30i1.17034.
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Copyright is legal and registered work. a copyright holder has two exclusive rights: economic and moral rights. A song or music copyright is one of the copyrights in the realm of art. However, there have been several copyright infringements in the music industry recently, and the cover version of a song is one of many. Many performers cover songs without the consent of original composers. They also sell and buy the music, which has obviously taken away the creator's economic and moral rights. As a result, legal protection for composers is required to prevent future instances of copyright infringements of music. The objective of this study is to determine the legal protection afforded to copyright holders of the commercialized version of a cover song, as well as the purposeful conclusion of the case involving the marketed version of the covered song. This research employed a normative approach based on literature. This study's technical analysis employed descriptive - qualitative methods. Two types of legal protection for songwriters constitute preventative and repressive protection, where the former is achieved by registering works held by the Directorate General of Intellectual Property Rights and undertaking public awareness campaigns emphasizing the significance of copyright recognition. Meanwhile, repressive protection is sought by filing a civil complaint, and criminal charges to the District Court. There are two options to resolve copyright issues over songs: in court or outside court, where the litigation process involves filing a case to the district court, and the non-litigation process may require negotiation.
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Moertiono, R. July, and Adi Mansar. "NOTARY AUTHORITY IN MAKING AUTHENTIC DEEDS REGARDING COPYRIGHT." Jurnal Pembaharuan Hukum 9, no. 1 (January 16, 2022): 37. http://dx.doi.org/10.26532/jph.v9i1.19996.
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The issue of notary authority in the creation of authentic deeds regarding copyright since the authority of DJKI to directly record copyright. However, in the framework of copyright protection, an authentic notary deed is required to give validity to the copyright. The research method used is normative juridical. The results showed that in the Notary Copyright Act is also authorized to make authentic deeds of the copyright field in order to protect copyright works that will then be recorded to DJKI. In the HCAct, notaries have the authority to make authentic deeds of transfer over copyright. Transfer of copyright can be done from the copyright owner to another designated party. However, this transfer does not necessarily get all exclusive rights from the copyright owner. The designated party in the transfer can only get economic rights only. The moral rights to the intellectual property remain owned by the copyright owner. Although in the Act the transfer of copyright is done clearly and in writing either with or without a notary deed, it should be equipped with an authentic deed from a notary. This is based, this transfer of copyright is closely related to the transfer of economic rights, so it takes a deed that has strong legal evidentiary power.
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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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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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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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Le, Van Anh. "Moral rights and their position in the digital world." Ministry of Science and Technology, Vietnam 64, no. 3 (December 20, 2022): 46–54. http://dx.doi.org/10.31276/vmostjossh.64(3).46-54.
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The proliferation of technology and the internet has made moral rights more vulnerable than ever. Although the digital age plays a significant role in disseminating culture to a larger audience, the online environment also comes with a threat to the author’s personal interests. Their “spiritual children” are more easily under attack. However, under international law, moral rights have not been considered duly. The Berne Convention, the TRIPS Agreement, WIPO Internet Treaties, and even EU Harmonize Directives all shy away from the moral rights issue in the “Digital age”. In an era when technology is developing faster than the laws regulating it, the exigency for moral rights development in copyright law must be paid more attention. This paper examines how the internet influences the protection of moral rights and to what extent it has made them more susceptible.
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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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Ni Made Harini, I Nyoman Putu Budiartha, and Desak Gde Dwi Arini. "Pelaksanaan Perlindungan Hukum bagi Pemilik Hak Cipta Musik dan Lagu dalam Pembayaran Royalti oleh Yayasan Karya Cipta Indonesia." Jurnal Interpretasi Hukum 2, no. 1 (March 26, 2021): 89–94. http://dx.doi.org/10.22225/juinhum.2.1.3111.89-94.
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Copyright gives an exclusive title to the work of the author which is granted by law as an award. The copyright function protects creators from copyright infringement. This study aims to explain the form of legal protection for music and song copyright owners in royalty payments by the Indonesian copyright works foundation and to describe what factors influence royalty payments and dispute resolution efforts faced by music and song copyright holders in royalty payments by the Karya Foundation. Indonesian copyright. This type of research is an empirical legal research with a conceptual approach to legal issues of fact and sociology. The data sources used were primary and secondary legal materials. The results of the study indicated that copyright is regulated in Law Number 28 of 2014 concerning Copyright. The form of copyright law protection, namely legal protection of moral rights and legal protection of economic rights. Creators and the KCI Foundation have rights and obligations, in the process of paying royalties experiencing several obstacles and supporters experienced by the KCI Foundation creators and copyright users. Dispute settlement efforts through alternative arbitration and court dispute resolution.
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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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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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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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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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Szymura, Monika. "Employee’s work on the grounds of Polish Copyright Law." Ekonomia i Prawo 20, no. 4 (December 31, 2021): 875–86. http://dx.doi.org/10.12775/eip.2021.052.
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Motivation: Employees’ works are crucial in practice. The validity and need for discussions on the rights of the employer to the employee’s work is justified by the increasing concern for the observance of copyright, and also for employee–employer relations. By entering into an employment relationship, both parties must be aware of their rights and obligations.
Aim: This article presents the issue of copyright status of an employee’s work regulated in the Article 12 and 13 of the Act on copyright and related rights. The considerations focus on the legal relationship between the employer and the employee-author, and the issue of acquiring author’s economic rights to the work created by the employee within the employment relationship. The article is based on the analysis of legal regulations and judicial decisions.
Results: Regulating rights to the work created by the employee is dependent on the will of the parties. It is only the absence of contractual terms in this respect that results in a reference to the statutory provisions, which define the rules of transferring copyright for the employee’s work to the employer. Article 12 of the Act on copyright and related rights specifies grounds for secondary acquisition of copyright by the employer. One should remember that this regulation concerns solely author’s economic rights because author’s moral rights, which due to their nature are non-transferable, remain with the author or employee.
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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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Rimmer, Matthew. "Book Review: Moral Rights and Their Application in Australia." Federal Law Review 32, no. 2 (June 2004): 331–36. http://dx.doi.org/10.22145/flr.32.2.8.
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Rimmer, Matthew. "Book Review: Moral Rights and Their Application in Australia." Federal Law Review 32, no. 2 (June 2004): 331–36. http://dx.doi.org/10.1177/0067205x0403200208.
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Charlesworth, Andrew. "Digital Curation, Copyright, and Academic Research." International Journal of Digital Curation 1 (December 2, 2008): 17–32. http://dx.doi.org/10.2218/ijdc.v1i1.3.
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A defining characteristic of contemporary copyright law is the willingness of governments to accept the argument that the impact of digital technologies requires copyright owners to be given ever greater control over the use of their works, regardless of the detriment to the copyright regime's 'public interest' elements. Yet a one-size-fits-all 'all rights reserved' copyright regime clearly fails to meet the requirements of many rightsholders. One response has been the Creative Commons movement which seeks, through licences based on existing copyright laws, to provide a simple mechanism for 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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Baihaqi, Achmad, and Said Abadi. "Konsep Masa Berlaku Perlindungan Hak Cipta Perspektif Hukum Islam." Ascarya: Journal of Islamic Science, Culture, and Social Studies 1, no. 2 (October 19, 2021): 284–93. http://dx.doi.org/10.53754/iscs.v1i2.278.
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The issue of Intellectual Property Rights has not been discussed or even described by classical fiqh scholars in-depth and thoroughly. One aspect that has not been studied is the issue of the period of copyright protection. The assumption is that if copyright protection is not limited in time, it will lead to a monopoly of creation by a few people. Therefore, the purpose of this study is to clearly describe and compare the terms of copyright protection in the Copyright Act and Islamic Law using the Maqashid Syariah perspective. The method used is a qualitative study (library research) with a comparative approach. The results of the study indicate that the period of copyright protection according to Islamic law, for the type of moral rights is valid forever, while for the type of economic rights it applies trade (willingness of the heart) with the provision that the shorter (reasonably) is, the better as long as it does not harm the creator. In addition, the State can determine the period of copyright protection through its regulations according to the country's ability.
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Sinaga, Wetmen. "Analysis of Criminal Offices on Copyrights and its Applications in Indonesia." Advances in Social Sciences Research Journal 9, no. 11 (December 2, 2022): 420–30. http://dx.doi.org/10.14738/assrj.911.13482.
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Copyright is a work of someone's imagination, who has exclusive rights in the use of his or her copyrighted work so that if there are parties who will use the copyright for commercial purposes, they must first obtain a license (license) from the creator or his proxies and pay royalties. Any party who does not obtain a license as mandated by UUHC will be subject to legal sanctions, both civil and criminal. Copyright crime occurs when someone announces or reproduces a work for commercial purposes without permission from the Creator or Copyright Holder is an infringement and such violation will be subject to criminal sanctions in accordance with the provisions of Article 112 of Law Number 28 of 2014. Criminal offenses in law no. 28 of 2014 concerning Copyright is a complaint offense so that the investigating apparatus cannot take action against parties suspected of committing criminal offenses without a report from the injured party, where this is very detrimental to the rights of the creator in the form of economic rights and moral rights, while in law no. 19 of 2002 concerning Copyright, the regulation of criminal offenses is an ordinary offense, and the investigative apparatus (police and prosecutors) can directly take action against parties committing copyright crimes.
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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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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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Suriadiningrat, Sendee Theresia, and Fitra Deni. "Copyright Legal Protection for Portrait on Trademark (Analysis on Cassation Decision Number 52k/Pdt.Sus-Hki/2021)." Jurnal Ilmiah Kebijakan Hukum 16, no. 2 (July 28, 2022): 283. http://dx.doi.org/10.30641/kebijakan.2022.v16.283-300.
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Legal Protection within the scope of Copyright includes the protection of 2 (two) basic rights, Moral Rights and Economic Rights. The goal is that there are restrictions so anyone cannot use other’s Copyrights commercially without permission from the Creator or His Heirs. In the case of the use Mrs. Meneer's Portrait in Trademark without written permission of the Heirs, it becomes debate whether the legal protection of the Portrait remains under the Copyright Law, or its Exclusive Rights have been lost because it falls within the scope of the Trademark Law. The research method used is normative juridical, by reviewing related laws and regulations, and conducting literature studies. The approach is carried out with Cassation Verdict No. 52 K / Pdt.Sus-HKI / 2022. The research concludes that the legal protection of Portraits in Trademarks remains based on the Copyright Law which adheres to the principle of Automatic Protection, so that the Exclusive Rights of the Creators remain. However, the Judge in His consideration determined the plaintiff's legal standing was not based on copyright principles. Based on this case, it is necessary to review the Copyright Law related to the principle of Automatic Protection of the Heirs in order to create justice and legal certainty.
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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.
Full textAbstract:
<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>