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Rahman, Irsan, Sinintha Yuliansih Sibarani, Sandi Aprianto, Arman Paramansyah i Ayu Citra Santyaningtyas. "Protecting Intellectual Property In The Digital Age With A Law". Journal of Research in Social Science and Humanities 4, nr 2 (19.06.2024): 49–60. http://dx.doi.org/10.47679/jrssh.v4i2.85.
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Life has changed with the development of science and technology. One technology that has a significant impact is the technology of the Internet world, the Internet introduces people to the digital world. Of course, this development also affects the law, especially copyright law. Copyrighted works that were still in a traditional form can now be converted to a digital form or digital copyrighted works can be created. In this case, copyright law, which previously protected traditional forms of copyrighted works, must evolve to include the protection of digital copyrighted works, one of which is through cooperation with technology. This research is a normative study with a focus on how copyright law, which previously protected traditional forms of copyright, must evolve to include protection of digital copyrights, one of which is through cooperation with technology. This research is a normative research with a qualitative approach that is descriptive. As technology allows the conversion of copyrighted works into digital forms, there are advantages such as the easy distribution/notification of copyrighted works, but also the ease of infringement. In view of these developments, the WIPO has issued two international treaties known as the WIPO Internet Treaties. These treaties have been adopted by several countries. Indonesia in its positive copyright law has implemented the protection of digital copyrighted works in its articles. Our copyright law needs to be further enriched to protect digital copyrighted works as suggested by the author in this study
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Sterling, J. A. L. "Copyright law: world copyright law". Computer Law & Security Review 20, nr 6 (listopad 2004): 511. http://dx.doi.org/10.1016/s0267-3649(04)00098-6.
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Nainggolan, Samuel Dharma Putra, Ni Made Yordha Ayu Astiti i 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, nr 2 (23.12.2022): 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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Leistner, Matthias. "Copyright law in the EC: Status quo, recent case law and policy perspectives". Common Market Law Review 46, Issue 3 (1.06.2009): 847–84. http://dx.doi.org/10.54648/cola2009035.
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The paper gives a topical overview of copyright law in the EC. Firstly, the remarkably comprehensive acquis communautaire in copyright law (with seven specific Directives in the field to date) is briefly outlined. Secondly, the growing body of ECJ case law, referring to the provisions of the Directives’ copyright acquis communautaire, is described and discussed in detail. Thirdly, recent policy initiatives of the Commission, such as the planned extension of the protection term for performing artists and producers of sound recordings as well as the recent Green Book on Copyright in the Knowledge Economy are briefly discussed and critically evaluated. Ultimately, this allows to identify certain core areas of European copyright law for further harmonization or consolidation, such as the fields of copyright contract law, collective management of copyrights and the area of exceptions to copyright in their interplay with technological protection measures. On that basis, perspectives for the future are developed, namely discussing the future possibility of a genuine unification of European copyright law by way of a Community copyright regulation.
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Tang, Xiyin. "Privatizing Copyright". Michigan Law Review, nr 121.5 (2023): 753. http://dx.doi.org/10.36644/mlr.121.5.privatizing.
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Much has been written, and much is understood, about how and why digital platforms regulate free expression on the internet. Much less has been written— and even much less is understood—about how and why digital platforms regulate creative expression on the internet—expression that makes use of others’ copyrighted content. While § 512 of the Digital Millennium Copyright Act regulates user-generated content incorporating copyrighted works, just as § 230 of the Communications Decency Act regulates other user speech on the internet, it is, in fact, rarely used by the largest internet platforms—Facebook and YouTube. Instead, as this Article details, creative speech on those platforms is governed by a series of highly confidential licensing agreements with large copyright holders. Yet despite the dominance of private contracting in ordering how millions of pieces of digital content are made and distributed on a daily basis, little is known, and far less has been written, on just what the new rules governing creative expression are. This is, in fact, by design: these license agreements contain strict confidentiality clauses that prohibit public disclosure of any and all of their contents. This Article, however, pieces together clues from publicly available court filings, news reports, and leaked documents. The picture it reveals is a world where the substantive law of copyright is being quietly rewritten. Agreements between digital platforms and rightsholders remove the First Amendment safeguard of fair use, insert a new moral right for works previously deemed ineligible for moral rights protection, and use other small provisions to influence and reshape administrative, common, and statutory copyright law. Further still, recent changes or lobbied-for changes to copyright’s public law seek to either enshrine the primacy of such private governance or altogether remove copyright rulemaking processes from government oversight, cementing the legitimacy of the new private governors. Changing copyright’s public law to enshrine the primacy of such private governance insulates the new rules of copyright from the democratic process, transforming public participation in, and public oversight of, the laws that shape our daily lives. Creative expression on the internet now finds itself at a curious precipice: there is a seeming glut of low-cost or free content, much of it created directly by and distributed to users—yet increasingly regulated by an opaque network of rules created by a select few private parties. An understanding of the internet’s democratizing potential for creativity is incomplete without a concomitant understanding of how the new private rules of copyright may shape, and harm, that creativity.
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Gunawan, Heri, Joni Emirzon i Muhammad Syaifuddin. "THE COMPARISON OF LEGAL DAMAGES FOR COPYRIGHT & BRAND INFRINGEMENT AMONG INDONESIA-CHINA LAWS". Jurnal Pembaharuan Hukum 8, nr 3 (30.12.2021): 466. http://dx.doi.org/10.26532/jph.v8i3.17482.
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Intellectual Property Rights or what is often abbreviated as HAKI is a legal protection given by a certain country to a person or group of individuals who express their ideas in the form of works. This law is a state territory. This means that a work will only be protected by rights in the country where the work originated to obtain IPR. As stated in the Copyright Laws, Intellectual Property Rights are exclusive rights granted by a regulation to a person or group of people for their copyrighted works. This protected work is in the form of intangible objects such as copyrights, patents, and trademarks and tangible objects in the form of information, technology, literature, art, skills, science, and so on. The idea of compensation law for copyright and trademark infringement in Indonesia, of course, can imitate the copyright law and trademark law of the People's Republic of China in regulating more clearly the calculation of the value of losses for copyright and trademark infringement in order to be able to provide legal certainty for the owner / rights holders whose rights have been violated. The research use normative juridical approach. The purpose of writing is to analyze and explain the calculation of compensation by looking at the criteria, evidence, basis, form and formulation of calculating compensation for copyright and trademark infringement. The results of the study stated that the law for compensation that arises as a result of copyright and trademark infringement according to positive law in Indonesia still does not regulate in detail the calculation of the value of the loss of both copyrights and trademarks. Copyright Act No.28 of 2014 and Trademark Act No.20 of 2016 only gives rights to the right owner/right holder to file a claim for compensation, but the law does not regulate how to determine the value of the loss for a copyright infringement as well as brands.
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Alawsi, Dr Husham. "The Role of Bahraini Law on Online Copyright Infringement". International Business & Economics Studies 2, nr 4 (20.11.2020): p23. http://dx.doi.org/10.22158/ibes.v2n4p23.
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The main aim of this research paper is to look at the role of Bahraini law in copyright infringement. In Bahrain, many commercially pirated audio and video markets have been eliminated through various laws. However, video, software and audio piracy by end-users is still a huge problem. A copyright infringement is considered to be a violation of an organization or individual’s copyright. It describes the copyrighted material’s unauthorized use, such as images, text, videos, software, music and other original content. Copyright infringements have been formally addressed through various copyrights law in Bahrain, but there are some glaring omissions as well. No other protect has been attacked more than computer hardware and software in Bahrain, copying of computer software is “out of control” in Bahrain. Many companies have been accused of using illegal copies of Microsoft computer software products. The study argues that country might have a beautifully tidy and coherent law, but it might not be followed. The mechanisms of criminal and civil enforcement, and the working of patent and trademark offices and of the judicial system itself, are essential to the enforcement of copyright laws in practice. The absence of governmental interference helps Bahraini software pirates to work at will. The study concludes while contended that there should be a law with regard to compulsory licensing since this compulsory licensing would be required by the companies to transfer data to a domestic partner. Furthermore, stricter enforcement of copyright laws is essential because they would help prevent copyright infringements in Bahrain.
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Fuadi, M. Zulvi Romzul Huda, i Ayon Diniyanto. "Written Quotations and Its Legal Protection: How Indonesian Law Reform on Copyrights Law?" Journal of Law and Legal Reform 3, nr 1 (30.01.2022): 1–16. http://dx.doi.org/10.15294/jllr.v3i1.53630.
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Copyright is still on its way to legalizing a lot of homework to be done. One of these jobs is to protect the economic rights of cited sources for commercial use. So far, the copyright law has not specifically regulated this matter. The law does not even protect the economic rights of citation sources quoted for commercial purposes. This study formulates the problem (1) how is the current legal protection regarding copyright for written works? and (2) how the legal protection should be regarding copyrights for excerpts of written works. The aims of this research are (1) to find out the current legal protection regarding copyright for citations of written works; and (2) formulating the legal protection that should be on copyright for excerpts of written works. The method used in this research is using normative juridical research. The conclusion in this study is to answer the formulation of the problem.
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Owen, Stephen A. "Copyright Law". JONA: The Journal of Nursing Administration 17, nr 10 (październik 1987): 32???35. http://dx.doi.org/10.1097/00005110-198710000-00007.
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Krueger, Janice M., i Karen Matthews. "Copyright Law". Serials Librarian 46, nr 3-4 (19.04.2004): 227–32. http://dx.doi.org/10.1300/j123v46n03_05.
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Aplin, T. "Copyright law". Computer Law & Security Review 24, nr 1 (styczeń 2008): 90–91. http://dx.doi.org/10.1016/j.clsr.2007.02.003.
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Maidanyk, Liubov. "NFT: a private law view through the link with copyright". Theory and Practice of Intellectual Property, nr 1 (3.06.2022): 16–27. http://dx.doi.org/10.33731/12022.258183.
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Keywords: NFT, copyright, virtual assets, nonfungible tokens.
This article is devoted to the study of non-fungible tokens (NFT) as a new tool, which due to its technical features is unique and unrepeatable and has recently been widely used by art collectors. This article attempts to define the legal understanding of nonfungible tokens from the perspective of civil law, as well as copyrights. In order to achieve this goal, the article identifies the main legally important components of theNFT creation process, which not least determine the place in the system of objects of law. This article defines certain approaches to the understanding of virtual (digital) property in relation to the category of crypto-asset (virtual asset) under Ukrainian law, as a result of which the position about the possibility of attributing NFT for certain conditions is substantiated. The position about the possible obligatory nature ofNFT is substantiated. The possibility of obtaining copyright on the work in connection with which NFT is created, as well as the emergence of resale right is analysed.It is concluded that NFT is not a work, and is not the result of acquiring intellectual property rights, but can only certify property rights. NFT can be secured by a property right of claim, for example concerning the transfer of a property, including the original work of art, the image of which is used for such NFT. NFT is not a separate copyright object, as technically, it is only a metadata associated with a digital file — a digital copy of a copyright or related rights object. The use of the copyrighted work on NFT can be lawfully executed only with the permission of the copyright holder. The use of the NFT copyright may be deemed unlawful under certain conditions, which requires separate permission from the copyright holder.
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Nabilah, Ghina, Miranda Risang Ayu Palar i Helitha Novianty Muchtar. "Copyright Law Protection in Metaverse, The Sandbox Based on Positive Law in Indonesia". Jurnal Indonesia Sosial Teknologi 5, nr 01 (22.01.2024): 2655–67. http://dx.doi.org/10.59141/jist.v5i01.857.
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Metaverse, as one of the innovations of technological developments, can present copyright in it, such as the existence of NFTs in The Sandbox metaverse. The existence of NFTs as digital copyrights in The Sandbox raises problems, one of which is that legal regulations in Indonesia need to regulate the ownership and position of NFTs clearly, and no system can confirm the authenticity of these NFTs. This study aims to determine the protection of NFTs in The Sandbox metaverse and to find out the technical settings in The Sandbox metaverse to protect NFTs based on legal, technological, and theoretical aspects used in research. This research uses normative juridical methods by analyzing laws, regulations, and legal literature. Although not explicitly regulated in Indonesia's positive law, NFT as a digital work in The Sandbox is an object of copyright referring to the Copyright Law. Electronic systems may seek the use of architecture or technology ("code") in conjunction with market modalities, social norms, and laws to protect copyright
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Susilo, Adhi Budi. "Renewal of Criminal Law Politics Relating to Justice Based On Justice". Walisongo Law Review (Walrev) 1, nr 2 (30.10.2019): 155. http://dx.doi.org/10.21580/walrev.2019.1.2.4803.
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<p>Copyright is a high reality of various values, including economic value, this is because copyright that is born of copyright, taste, and intention is able to color the development of human life through objects born from the copyright process. However, in its development various copyrights were not considered in this country. The rise of piracy on song copyrights for example, is only able to benefit the perpetrators of piracy of song copyright economically. The research method used is a juridical legal research method of analysis with the object of research studies aimed at the laws and regulations relating to copyright and principles - applicable legal principles. Substantially, the material changes in Law No. 28 of 2014 is related to the change of type of criminal offense from ordinary offense to complaint offense and in the meantime there are not many creators who can seek justice about it. The results of the research are increasingly unfair with the existence of Clause 112 to Clause 119 of Law Number 28 of 2014 changing copyright offenses to complaint offenses that increasingly marginalize the rights of the creators of copyrighted works in this country. Therefore it is necessary to have a joint discussion related to the political development of criminal law related to copyright offenses.</p><p> </p><p class="IABSSS">Hak Cipta adalah suatu realitas yang tinggi akan berbagai nilai, termasuk didalamnya nilai ekonomis, hal ini dikarenakan hak cipta yang lahir dari cipta, rasa, dan karsa mampu mewarnai perkembangan kehidupan umat manusia melalui benda yang lahir dari proses cipta tersebut. Namun dalam perkembangannya berbagai hak cipta tidaklah diperhatikan di negara ini. Maraknya pembajakan akan hak cipta lagu misalnya, hanya mampu menguntungkan bagi oknum pelaku pembajakan hak cipta lagu tersebut secara ekonomis, Metode penelitian yang digunakan adalah metode penelitian hukum yuridis analisis dengan objek kajian penelitian yang ditujukan terhadap peraturan perundang-undangan yang berkaitan dengan hak cipta dan prinsip-prinsip hukum yang berlaku. Secara substansial, materi perubahan dalam UU No. 28 Tahun 2014 adalah yang berkaitan dengan perubahan jenis tindak pidana dari delik biasa menjadi delik aduan serta sementara itu pihak pencipta tidak banyak yang dapat mengupayakan keadilan akan hal itu. Hasil dari penelitian semakin bertambah tidak adil dengan adanya Pasal 112 hingga Pasal 119 Undang-Undang Nomer 28 Tahun 2014 merubah delik hak cipta menjadi delik aduan yang semakin memarjinalkan hak dari pencipta suatu karya cipta di negara ini. Oleh sebab itu perlu adanya pembahasan bersama terkait pembangunan politik hukum pidana terkai delik hak cipta.</p>
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Susilo, Adhi Budi. "Renewal of Criminal Law Politics Relating to Justice Based On Justice". Walisongo Law Review (Walrev) 1, nr 2 (18.10.2019): 157. http://dx.doi.org/10.21580/walrev.2019.2.2.4803.
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<p>Copyright is a high reality of various values, including economic value, this is because copyright that is born of copyright, taste, and intention is able to color the development of human life through objects born from the copyright process. However, in its development various copyrights were not considered in this country. The rise of piracy on song copyrights for example, is only able to benefit the perpetrators of piracy of song copyright economically. The research method used is a juridical legal research method of analysis with the object of research studies aimed at the laws and regulations relating to copyright and principles - applicable legal principles. Substantially, the material changes in Law No. 28 of 2014 is related to the change of type of criminal offense from ordinary offense to complaint offense and in the meantime there are not many creators who can seek justice about it. The results of the research are increasingly unfair with the existence of Clause 112 to Clause 119 of Law Number 28 of 2014 changing copyright offenses to complaint offenses that increasingly marginalize the rights of the creators of copyrighted works in this country. Therefore it is necessary to have a joint discussion related to the political development of criminal law related to copyright offenses.</p><p> </p><p class="IABSSS">Hak Cipta adalah suatu realitas yang tinggi akan berbagai nilai, termasuk didalamnya nilai ekonomis, hal ini dikarenakan hak cipta yang lahir dari cipta, rasa, dan karsa mampu mewarnai perkembangan kehidupan umat manusia melalui benda yang lahir dari proses cipta tersebut. Namun dalam perkembangannya berbagai hak cipta tidaklah diperhatikan di negara ini. Maraknya pembajakan akan hak cipta lagu misalnya, hanya mampu menguntungkan bagi oknum pelaku pembajakan hak cipta lagu tersebut secara ekonomis, Metode penelitian yang digunakan adalah metode penelitian hukum yuridis analisis dengan objek kajian penelitian yang ditujukan terhadap peraturan perundang-undangan yang berkaitan dengan hak cipta dan prinsip-prinsip hukum yang berlaku. Secara substansial, materi perubahan dalam UU No. 28 Tahun 2014 adalah yang berkaitan dengan perubahan jenis tindak pidana dari delik biasa menjadi delik aduan serta sementara itu pihak pencipta tidak banyak yang dapat mengupayakan keadilan akan hal itu. Hasil dari penelitian semakin bertambah tidak adil dengan adanya Pasal 112 hingga Pasal 119 Undang-Undang Nomer 28 Tahun 2014 merubah delik hak cipta menjadi delik aduan yang semakin memarjinalkan hak dari pencipta suatu karya cipta di negara ini. Oleh sebab itu perlu adanya pembahasan bersama terkait pembangunan politik hukum pidana terkai delik hak cipta.</p>
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Gupta, Pallavi. "Educational Need vs Copyright Law". International Journal of Civic Engagement and Social Change 4, nr 1 (styczeń 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.
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Yang, Daeseung. "French Copyright Contract Law Review". Korea Copyright Commission 143 (30.09.2023): 207–39. http://dx.doi.org/10.30582/kdps.2023.36.3.207.
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Contracts for use of copyrighted works mainly appear in the form of transfer of rights or license to use. However, the concept of ‘Cession’ under French copyright law is not understood to be the same as the concept of ‘transfer’ under Korean copyright law. ‘Cession’ can be seen as transferring only the right to use, excluding the right to profit or disposal. In this respect, ‘Cession’ is closer to the concept of ‘Concession’, which is understood as the concept of ‘permission to use.’ Meanwhile, French copyright law interprets the contents of the copyright agreement related to ‘Cession’ very strictly. It stipulates that comprehensive transfer of rights to future works is invalid, and compensation to authors is based on proportional compensation, and fixed compensation is recognized only as an exception. Even in the case of fixed compensation, if the loss suffered by the author is more than 7/12 due to profit imbalance or failure to sufficiently predict the profits to be received from the work at the time of contract, a change in compensation may be requested. In addition, in a copyright contract, not only must each right that is the subject of the contract be individually stated, but also the area of use of the rights that are the subject of the contract in the copyright contract must be specifically determined according to the scope, purpose, location and period. In this respect, it can be seen that French copyright contract-related regulations do not entirely entrust the contractual relationship between authors and users to the principles of private autonomy or freedom of contract. The principles of the French usage contract system place greater emphasis on the principles of contractual fairness, focusing on protecting the weak author. The contents of the provisions related to copyright use contracts under the French Copyright Act can be used as important basic data not only in understanding the content and purpose of the French Copyright Act, but also in reflecting on our copyright use contract system. In particular, this study has significant implications in relation to legislation to create a fair copyright contract culture surrounding the amendment to the special provisions for video works that has recently b een d iscussed in Korea.
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Mastura Muhammad Arif, Afida. "An analysis of copyright protection in Saudi Arabia". International Journal of Law and Management 56, nr 1 (4.02.2014): 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.
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BAKAI, Yuliia, i Yuliia HUDZENKO. "Copyright in private international law: protection, objects, types". Economics. Finances. Law 10/1, nr - (28.10.2022): 18–21. http://dx.doi.org/10.37634/efp.2022.10(1).4.
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The paper presents a study of the problem of protection and protection of copyright rights in international private law. It is noted that the issue of protection and protection of copyright in the modern world is very relevant and currently not fully resolved. An analysis of international treaties, to which Ukraine is a party, has been carried out. In particular, the norms of the Berne Convention, the World Geneva Convention on Copyright of 1952, the Treaty of the World Intellectual Property Organization on Copyright (BOIB Treaty), the Agreement on Trade Aspects of Intellectual Property Rights (TRIPS Agreement) were studied. The main attention in this paper is devoted to copyright objects. It was determined that the objects of copyright include international treaties to which Ukraine is a party. It was also analyzed what differences exist in the basic conventions regarding the list of objects of copyright protection. The following criteria for the classification of copyright objects were studied: by scope of protection; by the level of accessibility for the public; by the degree of detail of their legal regulation; according to the term of legal protection. It is indicated that they are protected, unprotected, and limited copyright objects. The requirements that must be fulfilled in order for the work to receive the status of being released to the world have been studied. It has been analyzed which general and special terms of legal protection of copyright objects are established. Problems related to regulation, protection and proof of copyright infringement on the Internet have been identified. It is noted that authors have property and non-property copyrights, as well as that these rights include international treaties. Conclusions and prospects for the development of copyright protection and protection are given.
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Sung, Huang-Chih. "Prospects and challenges posed by blockchain technology on the copyright legal system". Queen Mary Journal of Intellectual Property 9, nr 4 (grudzień 2019): 430–51. http://dx.doi.org/10.4337/qmjip.2019.04.04.
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In the current copyright law and technology environment, two prominent problems must be considered when enforcing and executing copyrights: (i) the difficulty of proving authorship/ownership of a copyright; and (ii) the difficulty of conducting copyright transactions. The invention of blockchain technology has made it possible to solve these two issues. First, the use of blockchain technology with the InterPlanetary File System (IPFS) is an excellent mechanism for copyright authentication and document preservation. This mechanism allows authors (copyright owners) to prove authorship of their works and copyrights ownership. However, this mechanism for copyright authentication and document preservation may not be applicable in the future primarily because the computer software currently used may be upgraded in the following years. Second, the combination of Ethereum Blockchain and smart contracts can reduce transaction costs and enhance the efficiency of copyright assignments and licensing transactions. However, many legal problems regarding smart contracts have yet to be addressed. These problems include identifying the contracting parties in the anonymous blockchain network, dealing with scenarios where both contracting parties want to amend the implemented smart contracts, explaining code-based smart contracts and setting up an internal dispute resolution mechanism. Unlike the traditional transmission control protocol/Internet protocol network, where any activity is traceable, users on blockchain technology remain anonymous and their activities on the blockchain are hardly traceable. Although the blockchain itself is unlikely to become a hotbed of copyright infringement, the combination of the Ethereum Blockchain, the IPFS and smart contracts may make the entire process a hotbed of copyright infringement. Therefore, this situation poses considerable worries regarding copyright infringement on the blockchain. When the decentralized and anonymized blockchain and peripheral technologies mature, they will have considerable influence on copyright protection. This problem must be addressed by the copyright legal system in the current wave of blockchain technology implementation.
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Albarashdi, Saleh Hamed, i 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, nr 3 (31.12.2019): 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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Albarashdi, Saleh Hamed, i 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, nr 3 (31.12.2019): 35–45. http://dx.doi.org/10.53542/jass.v10i3.3595.
Pełny tekst źródłaStreszczenie:
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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Diligenski, Andrej, i Dragan Prlja. "PROTECTION OF COPYRIGHT IN THE DIGITAL WORLD". Strani pravni život 61, nr 1 (31.01.2017): 35–49. http://dx.doi.org/10.56461/spz17103d.
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In today’s digital world, in which the copyrights and intellectual property (music, pictures, movies...) are copied and replicated free of charge and in excellent quality over the Internet with tremendous speed, is almost every one of us confronted every single day with a complicated issue of copyrights. The territorial jurisdiction of the copyright law is facing new challenges in the digital world and above all on the Internet. Court practice review of the European Court of Justice and the German courts indicates legal problems in practice. Besides that, courts through interpretation of the European law provisions directly affect the protection of copyright in the digital world. This role of case practice in the creation of copyright protection contributes the fact, that in the digital world technical achievements are rapidly developing. On the other hand the political processes are extremely lengthy, so that the courts make their decisions quicker and create the law. Every day use of someone else’s copyright works by file sharing service providers or link setters opens questions of legal liability for the copyright infringement The use of Creative Commons licensed copyright works open up a new dimension in the implementation of copyright protection in the digital world.
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Syufa'at, Syufa'at. "Pembajakan Karya di Bidang Hak Cipta: Telaah Integratif Hukum Islam dan Undang-Undang R.I. Nomor 28 Tahun 2014 tentang Hak Cipta". Al-Manahij: Jurnal Kajian Hukum Islam 13, nr 1 (25.06.2019): 49–63. http://dx.doi.org/10.24090/mnh.v0i1.2215.
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Copyright is one part of intellectual property that has the widest scope of protected objects. The rapid development of information and communication technology requires rules that support copyright, especially with the rampant piracies. Therefore, copyright must have a legal protection as other rights. This paper is dedicated to outlining the concept of piracy of works in the field of copyright using an integrated review of Islamic law and the Indonesian Law No. 28 of 2014 concerning Copyright. By using a deductive framework and normative approach, this paper formulates one finding that copyright piracy even though there are no clear and standard rules in Islamic law, by using analogy (qiyās) method, the copyright rule is in accordance with the law against the perpetrator of theft (saraqah). However, because a pirator of copyrights is not the same as a theft, its rule enters ta’zīr domain where all provisions for sanctions are determined by the government. In Indonesia, the actualization of sanctions is regulated in Law No. 28 of 2014, which essentially strives to create justice and guarantee of every individual right that leads to widespread benefit. Islamic law (in this case saraqah rules) becomes the theological basis for Law No. 28 of 2014 in a normativity context, where the integration points of Islamic law and Indonesian law can be established.
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Horner, Jennifer. "Understanding Copyright Law". ASHA Leader 9, nr 16 (wrzesień 2004): 6–19. http://dx.doi.org/10.1044/leader.ftr3.09162004.6.
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Kahin, Brian. "The Copyright Law". Serials Librarian 24, nr 3-4 (4.04.1994): 163–72. http://dx.doi.org/10.1300/j123v24n03_19.
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Wilson, C. "Law of copyright". Computer Law & Security Review 22, nr 1 (styczeń 2006): 78. http://dx.doi.org/10.1016/j.clsr.2005.10.003.
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Saxby, S. "Digital copyright law". Computer Law & Security Review 23, nr 2 (styczeń 2007): 208. http://dx.doi.org/10.1016/j.clsr.2006.10.009.
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Kim, Gunhee. "Review of Copyright Limitations under the Copyright Act in the Digital Age". Korea Copyright Commission 140 (31.12.2022): 179–214. http://dx.doi.org/10.30582/kdps.2022.35.4.179.
Pełny tekst źródłaStreszczenie:
Copyright law continues to change its contents according to the process of the development of media technologies, which have also been changing the form of use of works protected by copyright law. This is results from the digital transformation; most of the content including copyrighted works are changed into digital forms. Just as the Printing Revolution in the past brought the era of reproduction, it leads to the era of transition to the ‘Digital’ Revolution. As one of phenomena of transformation, the form of using copyrighted works is changing from downloading for the long-term use to streaming for temporary use. Of course, while digitized works are mainly used online rather than offline, the current copyright law has a large number of provisions based on the traditional/classical use of works. Copyright infringement in online space can bring more complex problems than expected due to the development of digital technologies. Despite the new technologies used in the online space, our copyright law does not provide an appropriate answer to whether the use of copyrighted works constitutes an infringement or whether the interests of copyright holders and users are reasonably balanced. There is a gap between reality and law, where various uses of digitized works matter, and this paper will look at copyright limitations in consideration of using digital content, which has become common due to the development of digital technology. The Korean Copyright Act basically stipulates the rights conferred on copyright holders, while exercising those rights of copyright holders is restricted for securing rights of users who use works. The history of copyright law is nothing but a history of constant tug-of-war between rights holders and users, and we should examine whether the current copyright limiations are undertaking appropriate functions in the digital era for the purpose of balancing between rights holders and users. Although they are largely divided into limitations for the public interest and limitations for user convenience (private interest), the purpose of the user convenience will eventually contribute to promote access and use of works and lead to the improvement of the cultural industry. On the other hand, as a result of reviewing fair use (Article 35-5 of the Copyright Act), copyright law is ultimately characterized as a law for cultural development, and it is on its way to adapt itself to the rapidly changed environment of content consumption in response to technological development. Rather than simply adjusting profits on the premise of the conventional confrontation structure of ‘rightsholder versus user’, it is necessary to keep in mind that the complex relationship between various subjects surrounding the efficient use of digital works is well understood and controlled. In the reality in which the possibility of copyright infringement is increasing when using digital works, copyright limitations do not seem to balance users and rightsholders. Ultimately, when digital content users use works, it will be necessary for copyright limitations to make clear the scope and contents of practically permissible use in more details.
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Юмашев, Юрий, Yuriy Yumashev, Елена Постникова i Elena Postnikova. "CONTEMPORARY STATE OF GERMAN COPYRIGHT LAW". Journal of Foreign Legislation and Comparative Law 3, nr 3 (10.07.2017): 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.
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Putera, Ade, Sunardi Sunardi i Hanafi Arief. "Corporate Responsibility For Criminal Actions Of Song Copyright Under The 28 Law Of 2014". International Journal of Law, Environment, and Natural Resources 3, nr 1 (4.07.2023): 75–83. http://dx.doi.org/10.51749/injurlens.v3i1.50.
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Research entitled "Corporate Responsibility for Crime of Song Copyright According to Law Number 28 of 2014" aims to analyze how copyright crimes are regulated in Indonesian positive law and to analyze corporate responsibility for copyright infringement according to the Copyright Law Number 28 of 2014. This research is normative legal research, which examines laws and regulations in a coherent legal system and unwritten legal values ??that live in society, which are related to corporate responsibility for copyright infringement according to the law 28 of 2014. The results of the study stated that copyright crimes, including song copyrights, are regulated in the Copyright Act as part of Indonesian positive law. Article 112 of the Copyright Law Number 28 of 2014 states that everyone who without rights commits the acts referred to in Article 7 paragraph (3) and/or Article 52 for commercial use, shall be punished with imprisonment for a maximum of 2 (two) years and/or a maximum fine of 300,000,000.00 (three hundred million rupiah). Because legal entities are equated with people, legal entities that commit criminal copyright infringements can also be punished under this article as a form of responsibility. Criminal acts by Corporations are regulated in Article 3 of MA RI Regulation 13/2016 which are criminal acts committed by people based on work relationships, or based on other relationships, both individually and jointly acting for and on behalf of Corporations inside and outside Corporate Environment.
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Kamil Aslanzada, Elnura. "MÜƏLLIFLIK HÜQUQU OBYEKTLƏRI VƏ MÜƏLLIF HÜQUQLARI QANUNU ILƏ QORUNMAYAN OBYEKTLƏR VƏ MÜƏLLIF HÜQUQLARININ POZULMASI". ANCIENT LAND 09, nr 3 (26.03.2022): 25–29. http://dx.doi.org/10.36719/2706-6185/09/25-29.
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Copyright is a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation. Objects of copyright and not objects of regulates with Law of the Republic of Azerbaijan on Copyright and Related Rights and other normative legal acts. Copyright Infringement is the legal word for breach or violation of the rules in the copyright law and we will investigate how copyright is protected and what the legal liability for copyright infringement is in this area. Key words: Objects of copyright, copyright, infringement, not protected by copyright, Copyright violation, lawsuits. Elnurə Kamil qızı Aslanzadə MÜƏLLIFLIK HÜQUQU OBYEKTLƏRI VƏ MÜƏLLIF HÜQUQLARI QANUNU ILƏ QORUNMAYAN OBYEKTLƏR VƏ MÜƏLLIF HÜQUQLARININ POZULMASI Xülasə Müəlliflik hüququ əqli mülkiyyət hüququnun bir forması olmaqla, şeir, roman, film, mahnı, kompüter proqramı və memarlıq kimi ədəbi, dramatik, musiqi və bədii əsərlər də daxil olmaqla orijinal müəllif əsərlərini qoruyur. Müəlliflik hüququ faktları, ideyaları, sistemləri və ya əməliyyat üsullarını qorumur. Müəlliflik hüququ obyektləri və müəlliflik hüququ ilə qorunmayan obyektlər Müəlliflik hüququ və əlaqəli hüquqlar haqqında Azərbaycan Respublikasının Qanunu və digər normativ hüquqi aktlar ilə tənzimlənir. Müəllif Hüquqlarının pozulması, müəllif hüququ qanununda qaydaların pozulması, müəllif hüquqlarının necə qorunduğunu və bu sahədə müəllif hüquqlarının pozulmasına görə hüquqi məsuliyyətin nə olduğunu araşdıracağıq. Açar sözlər: Müəllif hüquqlarının obyektləri, müəllif hüquqları, pozuntular, müəllif hüquqları ilə qorunmayan obyektlər, hüquqlarının pozulması, məhkəmə iddiaları.
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Al-Sharieh, Saleh. "A new copyright law in the UAE". Journal of Intellectual Property Law & Practice 17, nr 3 (5.02.2022): 214–16. http://dx.doi.org/10.1093/jiplp/jpac004.
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ABSTRACT The Federal Decree-Law No. 38 of 2021 on Copyright and Related Rights, published in the Official Gazette, Issue No. 712, on 26 September 2021 On 2 January 2022, the Federal Decree-Law No. 38 of 2021 on Copyright and Related Rights (‘Federal Decree-Law No. 38’), repealing the Federal Law No. 7 of 2002 on Copyrights and Related Rights (‘repealed law’), came into force in the United Arab Emirates. It seeks to facilitate the transition into the knowledge economy and implement the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled (‘Marrakesh Treaty’).
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Sastrawan, Gede, i Gede Sastrawan. "ANALISIS YURIDIS PELANGGARAN HAK CIPTA PADA PERBUATAN MEMFOTOKOPI BUKU ILMU PENGETAHUAN". Ganesha Law Review 3, nr 2 (1.07.2021): 111–24. http://dx.doi.org/10.23887/glr.v3i2.446.
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This article discusses the Juridical Analysis of Copyright Infirigement On The Act Of Photocopying Books of Science. Copyright is a part of Intellectual Property Rights (HKI). The copyright phrase comes from a foreign term, namely Copyrights. The term Copyrights was first put forward in the Berne Comvertion (International Convention on Copyright concerning the protection of Art and Literature) which was held in 1886. According to Article 1 number (1) of Law Number 28 of 2014 concerning Copyright, it states that "Copyright is the right exclusive to the creator that arises automatically based on the declarative principle after a work is manifested in a tangible form without reducing restrictions in accordance with the provisions of the legislation.
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Ivanović, Svjetlana. "Copyright law and text and data mining". Zbornik radova Pravnog fakulteta Nis 60, nr 92 (2021): 59–78. http://dx.doi.org/10.5937/zrpfn0-34357.
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Digital environment poses new challenges to the traditional concept of copyright protection. Digital copies of works, new forms of exploitation of copyrighted goods, the impossibility of adequate enforcement of intellectual property rights on the Internet and, in this regard, the reexamination of the role of intermediaries, are just some of the issues that have occupied the scientific and professional public. New circumstances necessarily impose changes in the copyright protection regime, including the introduction of new rights but also new exceptions and limitations on copyright. The EU Directive (2019/790) on copyright and related rights in the Digital Single Market introduced exceptions on text and data mining. Given the huge amount of data in the digital environment, the analytical technique is commonly used for text research, data collection and processing. This technique is aimed at finding correlations and patterns, and extracting information from large amounts of data by using automated methods. Text and data mining may be performed in a variety of fields and for different purposes: scientific research, research in journalism, medicine, business, or for market research purposes. Such text and data may be protected by copyright, which gives rise to the question of possible copyright infringement. The new Directive introduced two mandatory exceptions on copyright and related rights for the purpose of text and data mining, one of which is explicitly provided for scientific research purposes. These exceptions are important for the freedom of scientific research in the digital environment but also for some issues related to the development of Artificial Intelligence.
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Harwanto, Edi Ribut. "COVERS OF MUSIC AND SONGS WITHOUT NO LICENSE AGREEMENT OF THE CREATOR AND COPYRIGHT HOLDER CARRIED OUT BY CORPORATE AND INDIVIDUAL BLACK YOUTUBERS ON THE YOUTUBE CHANNEL". POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) 1, nr 3 (26.07.2022): 81–98. http://dx.doi.org/10.55047/polri.v1i3.392.
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Criminal acts such piracy, copying, covering, distributing, and arranging musical works that belong to copyright holders, associated rights holders, and performers without a license or permission cannot be dealt with solely by illegal law enforcement under the Copyright Law. Furthermore, violators of piracy, song covers, music rearrangements without the consent of the copyright owners, associated rights, and performers shall face criminal penalties under Copyright Law No. 28 of 2014. This socio-legal research method study is a study that "integrates" doctrinal studies with social studies. In this study, using the postpositivism paradigm as the foundation of reality based on experience. To provide a sense of justice and legal certainty for copyright holders, connected rights, and future performers, the author's conclusions and recommendations are that the criminal provisions in Law No. 28 of 2014 respecting Copyrights that face juridical challenges should be reformulated. Besides, in the transition phase to the application of criminal sanctions provisions in the copyright law, Law No. 31 of 1999 in conjunction with Law No. 20 of 2001 concerning Corruption as a legal subject in terms of Non-Tax State Revenue (PNBP) and Law No. 28 of 2007 concerning General Provisions on Tax Procedures, the legal subject can be seen from the non-payment of license taxes to the state treasury as state income.
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Michnevisch, L. "Legal regulation of copyright in the ukrainian lands of the Russian Empire". Uzhhorod National University Herald. Series: Law 1, nr 73 (10.12.2022): 13–18. http://dx.doi.org/10.24144/2307-3322.2022.73.2.
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The article explores the genesis of the legislative consolidation of copyright law in the Ukrainian lands that were a part of the Russian Empire. The thesis is substantiated that the legal regulation of copyright law in these territories was formed under the influence of both European legal traditions and imperial legislative norms. It was revealed that the formation of the idea of authorship in Russia occurred much later than in European countries. The reasons were the long-term attachment of copyright law to censorship legislation and the late commercialization of publishing. It was revealed that the right to literary property was first established in Russian legislation. The literary property was considered as acquired property. Later on, the right of musical and artistic property received legal protection. The thesis has proved that the proprietary concept of copyright law in Russia has been dominant for a long time. At the end of the 19th century, the question of the legal nature of copyright law became relevant, which ultimately formed the idea of separating property and non-property interests of the author in Russian law. Therefore, the evolution of copyright law in the Russian Empire is characterized by a transition from the protection of the interest of the distributor of the work to the protection of the interest of the author.
It was revealed that in the 19th century Russia was in certain isolation and did not participate in the most important international agreements on the protection of intellectual property, except for two bilateral conventions with France and Belgium on the protection of copyright law. It was established that the copyright law in 1911 brought the legal regulation of copyright law in the Russian Empire to the European level and introduced many progressive novellas that positively impacted the further development of the institution of copyright law.
All-Russian legislation of copyright law was also extended to Ukrainian-controlled lands. However, it is indicated that Russia introduced rather strict censorship rules for Ukrainian-language publications to their complete ban, therefore there is no need to talk about the protection of copyrights law of Ukrainian authors.
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Reyman, Jessica. "Copyright, Distance Education, and the Teach Act: Implications for Teaching Writing". College Composition & Communication 58, nr 1 (1.09.2006): 30–45. http://dx.doi.org/10.58680/ccc20065881.
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The Technology, Education, and Copyright Harmonization (TEACH) Act of 2002 was developed to update copyright law to accommodate the uses of copyrighted materials in distance-education environments. This article presents an analysis of the TEACH Act and its implications for teaching writing, with an aim toward building awareness among faculty and administrators so that they can become part of the critical conversation about copyright law as it affects teaching and learning with technology.
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M. Citra Ramadhan, Pitra Yadi, Fitri Yanni Dewi Siregar i Muhammad Koginta Lubis. "Pelanggaran Hak Cipta Buku yang Diperjualbelikan Melalui E-Commerce di Kota Medan". Acta Law Journal 1, nr 2 (29.06.2023): 121–32. http://dx.doi.org/10.32734/alj.v1i2.12047.
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This study aims to obtain a comprehensive overview of the legal provisions related to the legal regulation of book copyright, forms of copyright infringement of books traded through e-commerce in Medan City, and the causes of copyright infringement of books traded through e-commerce. In line with the purpose of this study, the research method used is normative legal research, in order to get a full picture not only of the positive law that regulates it (law in a book), but also the consequences of its enforcement in society (law in action). The results of this study indicate that books are copyrighted works protected by Law Number 28 of 2014 concerning Copyright, so that the creator gets legal protection from all forms of infringement, both with respect to moral rights and economic rights. Forms of copyright infringement in the form of infringement of economic rights, where books traded through e-commerce in Medan is a book of the results of the copy without the right or permission of the creator or copyright holder; Copyright infringement of books traded through e-commerce can occur because of the weak copyright law system both in terms of substance, structure and culture of society itself.
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Flew, Terry, Nicolas Suzor i Bonnie Rui Liu. "Copyrights and copyfights: copyright law and the digital economy". International Journal of Technology Policy and Law 1, nr 3 (2013): 297. http://dx.doi.org/10.1504/ijtpl.2013.057009.
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Cuong, Nguyen Thai, i 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, nr 1 (1.06.2021): 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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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, nr 1 (21.06.2016): 204. http://dx.doi.org/10.25123/vej.2072.
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<p><em>This article shall discuss the possibility to utili</em><em>z</em><em>e copyright as fiduciary security to a loan, in accordance to Law </em><em>N</em><em>o. 42 of 1999 regarding fiduciary pledge/security and the Copyrights Law (</em><em>Law No. </em><em>28 of 2014). The use of copyrights as a fiduciary security is made possible as copyright owner possess exclusive economic rights and not only moral rights. The procedure to be followed is regulated by Law </em><em>N</em><em>o. 42 of 1999. The economic value of the copyright, is however, determined by the (potential) utilization of the object. In fact the value is calculated against the copyright holder’s right to remuneration or royalty. </em></p><p><em> </em></p><p align="right"><strong><em>Keywords: </em></strong></p><em>copyrights, security to a loan, fiduciary, moral and economic exclusive rights</em>
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Prabowo, Akbar, i Ahdiana Yuni Lestari. "Kajian Yuridis Keabsahan Peralihan Wakaf Hak Cipta". Proceeding Legal Symposium 1 (14.04.2023): 149–57. http://dx.doi.org/10.18196/pls.v1i1.95.
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This study aims to find out and it is hoped that readers can understand copyright waqf, especially in terms of its validity and legal consequences of copyright waqf for wakifs and copyright works that have been donated, which can become a problem in the future. The main problems in this research are; (1) how is the legitimacy of waqf implementation? and (2) what are the legal consequences of having a copyright waqf for a copyrighted work? This study uses normative juridical research by studying formal law regarding the juridical study of the transfer of waqf and copyright. From the results of the data obtained then carried out an analysis using a qualitative descriptive method. The results of the study show that the problems of economic and moral rights regarding the transfer of copyright waqf according to positive law and the legal consequences of waqf for wakif and copyrighted works that are donated can become problems in the future for the parties. It is suggested to agencies that handle waqf to further enhance socialization of deeper introduction to the community about waqf in order to realize legal certainty.
Keywords:; Copyright Waqf; Legality of Copyright Waqf; Legal Consequences of Waqf;
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Kalinowska-Maksim, Iga. "Wybrane prawnokarne aspekty ochrony praw autorskich". Studia Prawnoustrojowe, nr 44 (7.01.2020): 195–203. http://dx.doi.org/10.31648/sp.4914.
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This article refers to the issues associated with crimes against intellectual property that are regulated in the act of copyright and related rights.The most relevant questions connected with the application of the regulations, especially article 115 and 116 copyright and related rights and a fewother acts discussed in the text. There was also an elaboration of the fundamental rights that are protected by this act. The topic, which was frst elaborated from the theoretic view, was further collated with controversial practical examples. Development of the technology may cause problems with theapplication of the regulations. Plagiarism is mostly associated with literarycompositions. In the article, an example of modern art was submitted. Itappears that the issue of plagiarism is not very clear in practice, since it ispossible to be inspired by the same subjects. Moreover, there are things thatare not protected by copyright law, because of their common character. Theavailability and ease of re-enactment and reproduction of compositions thatare protected by copyright involve signifcant risks and potential violationsof these rights. An example was given in a case with tattoos and their copyrights, but also their penal law protection. The imprecise and abstract character of copyrights may be a starting point to abuse the protection of copyrights and related rights in civil as well as criminal law.
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Jeyhun Alakbarov, Nijat. "IMPORTANCE OF ORIGINALITY IN COPYRIGHT LAW". SCIENTIFIC WORK 53, nr 04 (28.02.2020): 76–78. http://dx.doi.org/10.36719/aem/2007-2020/53/76-78.
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Ruhtiani, Maya. "TRANSFERRING COPYRIGHT OWNERSHIP OF NFT ON THE PERSPECTIVE OF POSITIVE LAW IN INDONESIA". Perspektif 28, nr 1 (14.02.2023): 56–65. http://dx.doi.org/10.30742/perspektif.v28i1.845.
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The development of NFT use does not function for the public’s need of objects related to copyright. In general, when someone creating NFT using another person’s work needs approval from the copyright owner. This type of normative juridical research is used as an assessment of the application of positive legal norms or legal rules applied in Indonesia. The results of research on Transferring Copyright Ownership Of NFT (Non-Fungible Tokens) On The Perspective Of Positive Law In Indonesia can be regulated by using the provisions of Article 18 UUHC related to selling-buying outright of copyrighted works which in practice must meet the requirements stated in Article 1320 of the Civil Code concerning the conditions for the validity of the agreement which are the existence of an agreement, parties’ requirement, particular objects, and lawful cause. The transaction of copyrighted works on NFT is not merely a sale and purchase for ordinary works of art, but also includes the rights to a copyrighted work protected by positive law in Indonesia. NFTs are protected under copyright laws and therefore have 2 (two) rights attached: economic and moral. In this regard, changing or distributing as well as modifying actions is included in violating moral rights. Even though the ownership has been transferred, the copyright holder must still be entitled to the economic and moral rights of the creator attached to the NFT.
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Dewi Zion, Fransisca, Evita Isretno Israhadi i Ahmad Redi. "Juridical Review of Criminal Sanctions Against Perpetrators of Intellectual Property Rights Violations". Edunity : Kajian Ilmu Sosial dan Pendidikan 2, nr 1 (15.01.2023): 63–69. http://dx.doi.org/10.57096/edunity.v1i05.37.
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Copyright is the exclusive right of the Creator or Copyright Holder to regulate the use of the results of casting specific ideas or information. Copyright applies to various types of works of art or copyrighted works. With the existence of Law Number 28 of 2014 concerning Copyright, it is hoped that it will facilitate proof in copyright disputes, especially in works of art, as well as the originality of ideas, content, and digital products.
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Al Nusair, Fayez, i Firas Massadeh. "Analytical Study of United Arab Emirates Copyright Federal Law No. 7, 2002". Arab Law Quarterly 32, nr 3 (22.05.2018): 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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Mahendra, Irwansyah Dhiaulhaq, i Rinitami Njatrijani. "Penerapan Teknologi Watermark Sebagai Upaya Perlindungan Hak Cipta Film pada Platform Bioskoponline.com". Law, Development and Justice Review 6, nr 3 (7.10.2023): 236–53. http://dx.doi.org/10.14710/ldjr.6.2023.236-253.
Pełny tekst źródłaStreszczenie:
Digitalization provides option for film-maker industry to penetrate their film release into digital mediums through film streaming platforms, one of which is Bioskop Online. Along with the ease of accessing film digitally, there is still a criminal loophole such as piracy or hijacking that goes alongside. The purpose of this reseacrh is to analyze copyrights protection on films that are released on film streaming platforms according to Law Number 28 of 2014 concerning Copyright, and also the implementation of watermark technology applied by Bioskop Online as an effort to protect the copyright of content in it. This research using normative juridicial research method through a statute approach, also using secondary data sources and another supporting data in the form of interviews with Head of Content in Bioskop Online platform. The results concluded that films that released in Bioskop Online streaming platform is legally protected by the Copyright Law. Furthermore, the watermark technology used by Bioskop Online is also protected by Copyright Law as a copyright management information, copyright electronic information, and a technological protection measures.
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Harwanto, Edi Ribut. "THE CRIMINALIZATION OF COVERING MUSIC SONGS WITHOUT PERMISSION: EXPLORING THE LEGAL IMPLICATIONS, PIRACY, TAX LAWS, AND ACTS OF CORRUPTION". POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) 2, nr 3 (21.07.2023): 250–64. http://dx.doi.org/10.55047/polri.v2i3.621.
Pełny tekst źródłaStreszczenie:
Enforcement of criminal law within the Copyright Act alone is insufficient to effectively address acts of piracy, duplication, cover songs, distribution, and management of copyrighted music and songs. Offenders without a license/permit are subject to both criminal and civil sanctions. The Criminal Law No. 28 of 2014 on Copyright also imposes criminal sanctions for pirates, cover songs, and music rearrangement without permission from copyright holders or related rights. This study identifies two main issues. Firstly, there is a weak implementation of criminal sanctions in copyright law, particularly concerning juridical aspects in the formulation of criminal law provisions (penal policy). Secondly, there is a need for understanding among copyright holders, related rights, and offenders to operationalize law enforcement by employing other relevant laws outside copyright law. The use of criminal acts of corruption and taxation can be an effective effort to protect the law and ensure legal certainty. To address these issues, this research employs a socio-legal approach, which combines doctrinal studies with social studies. This integration is based on the belief that the rule of law cannot operate in isolation when dealing with copyright piracy of songs and music in Indonesia. The post-positivism paradigm underpins this study, acknowledging the reality based on experience while maintaining the researcher's objectivity towards the subject. Empirical verification, hypothesis testing, and maintaining a clear distinction between the researcher and the object under study are emphasized throughout this research.