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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.
Pełny tekst źródłaStreszczenie:
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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Tuenbayeva, Kalima, i Danakul Seitimbetova. "Chronology of copyright development: the history of the formation of the foundations of copyright in the USA, England, France and the Republic of Kazakhstan". Journal of history 113, nr 2 (2024): 73–83. http://dx.doi.org/10.26577/jh.2024.v113i2-06.
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A thorough revision of copyright law is extremely necessary due to a significant increase in the material value of literary and artistic property, as well as serious problems with its protection. The copyright statute encompasses three main copyright policies: copyright must encourage learning to avoid copyright censorship; copyright must protect and expand the public domain; and copyright is to provide public access to copyrighted materials.The main purpose of this article is to study the development of copyright law, the general principles of this topic and the analysis of the sources of copyright law.Currently, digital technologies with their potential for mass dissemination of information have become a catalyst for such profound social changes that it is time to rethink the basics of copyright law as intangible property rights, its evolution and scope, exceptions and limitations, taking into account the modern needs of technological innovation, progress and revolution. Librarians, as information professionals, also have their rights and responsibilities in relation to copyright. The article attempts to study the historical development of the copyright law, as a process of unification and harmonization and its application in the library sphere, the rights and obligations of librarians, as well as restrictions and protection of copyrights.
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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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MARGONO, Dr SUYUD. "DIGITAL COPYRIGHTS WORKS PROTECTION: DISCOURSE ON DECLARATIVE PRINCIPLES AND RECORDATION MECHANISM". INTERNATIONAL JOURNAL OF RESEARCH IN EDUCATION HUMANITIES AND COMMERCE 05, nr 03 (2024): 01–22. http://dx.doi.org/10.37602/ijrehc.2024.5301.
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The impact of development of information and technology in relation to digital works on the internet has indicated a contribute in the digital environment through duplication or copying under the copyright system. Duplication that only intended to read only, and there is permanent as intended to store information itself. Copyright protection on the Internet focuses to any attempt to restrict access and usage of the creation. Considered that violation in all activities that involve copying or making new digital activities either artistic or literary work available to the public without permission (eg, linking, framing, sharing). Indonesia has ensured the protection of copyrighted works, especially in the digital era, by ratifying international treaties related to copyright in the digital era such as the WIPO Copyrights Treaty (WCT), the WIPO Performances and Phonograms Treaty (WPPT), and the Beijing Treaty on Audio-Visual Performance. These three treaties regulate economic rights and moral rights for creators and performers, including those related to music and songs in the digital (internet) era Indonesian Copyright Law has regulations about Copyrights Recordation and Its recordation can be applied by applicant(s) even Creator or the Owner of Copyrights to Directorate General Intellectual Property (Indonesia IP Office). Certificate of Recordation will make easy proved if any dispute happening event takes proceedings either court or non-court settlement. Based on the declarative principle, there is a problem about contradiction between recordation and copyright protection which is published in the internet. This article discusses the existence of copyright recordation regulation that causes its to be breached copyright ownership principles to be gotten protection since that creation first time is publicized (first to publish).
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Yakubova, Iroda. "CIVIL LEGAL ANALYSIS OF THE ORGANIZATIONAL AND LEGAL FORM OF COLLECTIVE MANAGEMENT OF PROPERTY RIGHTS IN COPYRIGHT". Review of Law Sciences 7, nr 1 (24.03.2023): 43–52. http://dx.doi.org/10.51788/tsul.rols.2023.7.1./kxtr9100.
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Since a collective rights management organization is formed directly by right holders and acts within the framework of powers received from them under the contract, it can be said that the activities of such an organization are membership-based. In this case, we say that the association of entities to form a legal entity for the protection of copyright is expressed in the management of these rights on a collective basis. Membership of rights holders in the organization is one of the important elements characterizing collective management organization. These reforms are related to issues such as ensuring the rights and legal interests of authors, putting an end to the unauthorized use of copyrighted works, fair payment of copyrights and strengthening accountability measures for copyright violations. In addition, a large number of cases of unauthorized use of author’s works and non-fair payment of copyright to authors indicate the growing need to develop the institution of collective management of author’s property rights. In our country, there are a number of issues that are waiting for their solution, and the regulation of copyright-legal relations, in particular, collective management of copyrights in its protection, and the research of the processes related to the copyright contract are urgent tasks. In addition, the article focuses on some current problems related to the improvement of this institution, international standards of copyright protection and comparative legal analysis of national legislation, as well as the opinions of scientists from Uzbekistan and other countries. Proposals and recommendations of scientific and practical importance for the development of copyright were put forward.
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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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Ard, BJ. "Taking Access Seriously". Texas A&M Law Review 8, nr 2 (luty 2021): 225–69. http://dx.doi.org/10.37419/lr.v8.i2.1.
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Copyright is conventionally understood as serving the dual purposes of providing incentives for the creation of new works and access to the resulting works. In most analysis of copyright, however, creation takes priority. When access is considered, it is often in the context of how access relates back to the creation of new works. Largely missing is an account of the value of access on its own terms. So what is the place of access in copyright law and policy? A set of cases dealing with copyright owners’ attempts to enjoin the markets created by new playback and distribution technologies is instructive. These decisions—where the courts refused to enforce copyright where the owners attempted to shut down a market rather than participate in it—have been criticized for their un- clear policy guidance and lack of doctrinal grounding. We can reconcile these cases with copyright policy by focusing on access. These cases provide rich examples showing how expanded access advances copyright’s higher-order goals of promoting a more democratic and participatory culture. Focusing on access also provides a means for bringing doctrinal coherence to these cases through the fair-use defense. The courts permitted the use of copyrighted works in new markets despite the copyright owners’ objections because these markets could expand public access without diminishing the copyright industries’ creative incentives. Indeed, copyright owners often found the markets profitable after being forced to enter them. Copyright owners’ market refusal in these scenarios is a distinct type of market failure, and fair-use doctrine allows courts to correct it.
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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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Ruhtiani, Maya, Yuris Tri Naili, Purwono Purwono i Iin Dyah Indrawati. "Sosialisasi dan Pelatihan Pendaftaran Hak Cipta dengan Sistem POP HC di Kota Tasikmalaya". Jurnal Pengabdian Masyarakat - PIMAS 1, nr 3 (16.08.2022): 97–103. http://dx.doi.org/10.35960/pimas.v1i3.830.
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Someone's copyrighted work is the absolute right of the creator who is named with copyright. Basically, a copyrighted work can be used alone or transferred to others through a legal transition. The transition can be economically beneficial because the copyright holder must pay royalties to the owner. Basically, not everyone is aware of the existence of a transfer of rights that can be one of the protection of one's work can be done by means of copyright registration as evidenced by a certificate of copyright registration issued by the DGIP. The method used is by socialization and training directly to the representatives of artists in the city of Tasikmalaya. Socialization and training activities are aimed at providing an understanding of copyright registration and providing training for owners of copyrighted works to be able to register their own copyrighted works using the POP HC application that has been made by the DGIP to facilitate the recording of copyright on a copyrighted work
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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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Park, Kyoung-Shin. "A Study on Appropriation Art and Application of Transformativeness under Fair Use Clause of the Korean Copyright Act - Focusing on the Implication of Andy Warhol Foundation v. Goldsmith". Korea Copyright Commission 144 (31.12.2023): 297–342. http://dx.doi.org/10.30582/kdps.2023.36.4.297.
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Appropriation art borrowing or even directly copying other artists’ copyrighted works or other cultural materials is more likely to infringe copyrights under the current copyright system. In this regard, Andy Warhol Foundation v. Goldsmith, where the Supreme Court revisit its most salient fair use precedent which introduced the idea of a “transformative use”, provides some useful guidance to visual artists to avoid running foul of rights holders- even if it does leave many questions unanswered. The decision is notable for at least two reasons. First, it is the first time the Court has considered whether a visual work qualifies as transformative use. Second, and perhaps more importantly, the decision shifts the focus of the transformative use assessment.
The purpose of the study is to addresses the allowable scope of appropriation art embracing other’s copyrighted works under the open-ended fair use clause in the Korean Copyright Act, introduced in 2011 in the course of implementing the Korea-US FTA, focusing on the possibility of application of the standard of a “transformativeness” and the relationship with commerciality of the use of copyrighted works.
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Rosen, Amy. "China vs. United States: A Cosmopolitan Copyright Comparison". Pittsburgh Journal of Technology Law and Policy 15, nr 1 (10.02.2015): 1–32. http://dx.doi.org/10.5195/tlp.2014.154.
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China has a notorious reputation for infringing on intellectual property, especially copyrights. Despite making substantial improvements in its copyright laws over the years, China continues to be haunted by this reputation. But is it really true? By analyzing China’s Copyright Law, this piece explores whether the assumption that China is a notorious infringer is valid. By comparing the copyright laws of the United States to those of China, and by comparing the number of litigated copyright cases that have recently occurred in both countries, this Article concludes that unfortunately Chinese citizens are still severely infringing on international copyrights. Such infringement harms not only foreign copyright owners, but Chinese citizens as well. Notwithstanding this dire conclusion, there is still hope. This paper posits three possible resolutions to help cure China’s reputational ills and weighs each solution's effectiveness.
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Emruli, Safet, Agim Nuhiu i Besa Kadriu. "Copyright and Copyright Protection". European Journal of Interdisciplinary Studies 2, nr 4 (1.12.2016): 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 i Besa Kadriu. "Copyright and Copyright Protection". European Journal of Interdisciplinary Studies 6, nr 1 (1.12.2016): 36. http://dx.doi.org/10.26417/ejis.v6i1.p36-40.
Pełny tekst źródłaStreszczenie:
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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H., Rajendra Babu. "Awareness of Copyright and its Policies among the PG Teaching Faculty: A Study". Indian Journal of Information Sources and Services 8, nr 3 (5.11.2018): 26–32. http://dx.doi.org/10.51983/ijiss.2018.8.3.552.
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Copyright is a form of intellectual property protection granted under Copyright Act to the creators of original works of authorship. Libraries are the backbone of any organization or an institution. Alongside, libraries are also the torch bearers, in the creating awareness of the IPR aspects to its user community. A study on finding the awareness levels in the area of intellectual property rights in general and copyright in specific is the need of the hour in the universities, as they grooming the next generation of workers happens in there. Here is a study aimed at to see how the faculties in the university are aware of copyright and its implications. There are a total of 62 respondents participated in the survey. The data has been analyses and interpreted accordingly and presented in the form of tables and figures suitably. The study has dwells in detail about Awareness on copyright, Purpose of using the copyrighted material, Awareness on copyright policies and on type of the copyrighted material, Knowledge on copyright, Awareness on Indian copyright act 1957, Views on copyright protection for their work, Safeguarding the interest of copyright owners and Understanding on the IP concepts among the teaching community. The study focuses on Awareness on copyright, use of copyright, to access the user level of knowledge on copyright and awareness on implications of copyright violation for self-learning, research as well as teaching among the faculty members of Post-Graduation Departments of Tumkur University, Tumakuru.
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Seadle, Michael. "Copyright in the networked world: orphaned copyrights". Library Hi Tech 23, nr 3 (1.09.2005): 453–59. http://dx.doi.org/10.1108/07378830510621838.
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PurposeThis column aims to look at the results of the US Copyright Office's request for comments about orphan copyrights.Design/methodology/approachIt uses a form of Game Theory called the Prisoner's Dilemma Game to analyze the comments that are available on the Copyright Office web site.FindingsSome change seems likely, if only because the opponents of change may discover that they can gain more for themselves when they stop defending the interests of those who have abandoned their copyrights already.Practical implicationsIf some form of cooperation between intellectual property consumers and rights holders could be worked out for orphan copyrights, it might lead to further “tit‐for‐tat” reactions that help to address other copyright issues.Originality/valueProvides useful information on orphan copyrights.
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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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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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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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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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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, nr 1 (15.04.2020): 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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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.
Pełny tekst źródłaStreszczenie:
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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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.
Pełny tekst źródłaStreszczenie:
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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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.
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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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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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.
Pełny tekst źródłaStreszczenie:
<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.
Pełny tekst źródłaStreszczenie:
<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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Pak, Yunseok, i Siyeol Kim. "A Review of Copyright License Issues and Fair Use in the Broadcasting Field: Focusing on broadcasting monitoring". Institute for Legal Studies Chonnam National University 43, nr 4 (30.11.2023): 181–210. http://dx.doi.org/10.38133/cnulawreview.2023.43.4.181.
Pełny tekst źródłaStreszczenie:
Disputes related to copyright frequently arise in the broadcasting and OTT services. There are three types of disputes. The first is disputes between broadcasters and collective management organizations regarding trust agreements for phonogram incorperated in audiovisual works. The second issue is related to broadcasting remuneration for using audiovisual works and phonograms in broadcasting, and the last is the the application of broadcasting remuneration claims according to international treaties. Some legislative proposals were announced to solve these problems. However, these proposals also have inherent problems that make them difficult to implement. The broadcasting monitoring system is being introduced as a solution to solve copyright rights issues in broadcasting. It is important to point out that the quantitative criteria for fair use need to expand the fair use of copyrights with the broadcasting monitoring system. It might be observed that if a user is sued based on fair use, the user will bear litigation costs. Therefore, if the copyright license fee is lower than the lawsuit cost, it is advantageous for the users to pay for the use of a very small portion of copyrighted works. With the introduction of the broadcasting monitoring system, particularly when implementing a monitoring system for literary works, it is necessary that fair use has to be distinguished from licensed uses of copyright works, and a substantial database for literary works may be required.
30
Young, Victoria. "An Unauthorized Renaissance? An Analysis of Artists’ Claims for Copyright Infringement Against AI Generated Art and Possible Defenses". FIU Law Review 18, nr 2 (2024): 521–43. http://dx.doi.org/10.25148/lawrev.18.2.14.
Pełny tekst źródłaStreszczenie:
AI currently presents a novel issue in terms of copyright infringement, specifically AI generated art. Recently, a group of artists filed a class action lawsuit against several AI generated art companies. This comment evaluates the potential avenues the court may take. The artists allege these AI generated art companies directly infringed on their copyrighted works by making unauthorized copies of copyrighted works which they used to train their machine learning programs. A determination on whether AI generated art constitutes copyright infringement has not been made by the courts before. To bring a successful copyright infringement claim, a party must show proof of a valid copyright and actual infringement. Copying is considered an infringing act. There is currently a circuit split on whether downloading a copyrighted work constitutes copying. Should the court in the instant lawsuit follow the Seventh, Ninth, and D.C. Circuits, downloading unauthorized copies of copyrighted work to train machine learning programs would be copyright infringement. This comment evaluates a potential fair use defense the AI generated art companies may pursue and its viability. Lastly, the court may take into account policy considerations regarding innovation being stifled by AI generated art and unfair competition.
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Wicaksono, Galih Wahyu. "TINDAKAN SAMPLING PADA KARYA CIPTA MUSIK DALAM PERSPEKTIF UNDANG–UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA". Jurnal Privat Law 11, nr 1 (19.07.2023): 72. http://dx.doi.org/10.20961/privat.v11i1.44806.
Pełny tekst źródłaStreszczenie:
<p><em>This article was conducted to find out the views on sampling action in terms of Law No. 28 of 2014 concerning Copyright and to find out how legal protection can be carried out by an Author or Copyright Holder. Sampling is an act of taking or using a part of the copyrighted work of an Author or Copyright Holder which will later be used in a new composition. The method in this research uses empirical writing methods and uses a qualitative approach. The results of the research show that sampling is not an infringement of Copyright if it is not carried out for commercial activities where commercial activities have violated the economic rights of the Creator or the Copyright Holder, if the objective is for commercial activities then it must obtain permission from the Creator or Copyright Holder, Creator or Holder. Copyright can enter into a license contract to protect his copyrighted works and has the right to file a lawsuit for compensation if his rights have been violated and caused losses, and there are criminal provisions to protect works belonging to the Creator or the Copyright Holder. In addition, the Creator or Copyright Holder can register a work, this is done as an initial presumption to prove copyright ownership, but it cannot be used as absolute evidence.</em></p><p><strong><em>Keywords</em></strong><em>: Copyright; Sampling; Music; Economic Rights</em></p>
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Shtefan, Olena. "The concept infringement of subjective copyright: a theoretical aspect". Theory and Practice of Intellectual Property, nr 6 (16.06.2021): 15–23. http://dx.doi.org/10.33731/62020.233859.
Pełny tekst źródłaStreszczenie:
Shtefan O. The concept infringement of subjective copyright: a theoreticalaspect. The article examines the problem of protection of subjective copyright at the doctrinal level. The source base analyzed in the article revealed the lack of a unified approach to the definition of copyright infringement, the criteria for classifying infringements and their characteristics. The author 's approach to the solution of the outlined problem is offered in the article.In particular, the proposed following definition of copyright infringement is a culpable, unlawful, punishable act (action or omission) that harms or infringes on the personal non-property and / or property rights of the copyright holders for which the legal liability arises. The basis of protection of rights is called by civil law “non-recognition of rights". Summarizing the existing definitions of this term in the doctrine, the author proposes to understand the non-recognition of rights as a passive denial of a person's copyright to a work, which does not directly harm the subjective right of the copyright subject, but creates uncertainty in the legal status of the holder. including in its relations with third parties regarding the use of the object of copyright.In the article, the author, based on the analysis of case law, examines the misuse of the work, as any use of copyright both within the contract and outside the contract, which violates the property rights and personal non-property rights of copyright subjects. The most common are non-contractual copyright infringements related to the illegal use of works. Such violations include, in particular: posting works on the Internet sites forfree (paid or free) access without the permission of the relevant subject, presentation of works in cafes, bars, restaurants for a fee or without them (without royalty payment), work or part of it in the memory of a mobile phone for a fee or without such, etc. The article concludes that, as a rule, intangible copyrights are infringed at the same time as property rights, is a derivative of infringement of property copyrights related to the useof the work. Therefore, copyright infringement is complex. The article concludes that copyright infringement is complex.Key words: copyright, infringement, classification of infringements, signs of infringement, infringement of subjective copyright.
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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.
Pełny tekst źródłaStreszczenie:
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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Ziółkowska-Majkowska, Aleksandra. "Photographs as a subject of copyright protection". Kwartalnik Prawa Międzynarodowego IV, nr IV (13.03.2024): 253–66. http://dx.doi.org/10.5604/01.3001.0054.4289.
Pełny tekst źródłaStreszczenie:
In the era of rapid technological advancement and the mass production of photographs, there is an increasing likelihood of their use by third parties, in some cases involving the infringement of copyright. Not every photograph is automatically protected by copyright. The criteria for recognizing a work as covered by copyright derive from the law, and when establishing the factual situation and issuing a verdict, courts decide whether to consider a particular photograph as a copyrighted work. Extensive application of the criterion “manifestation of individual character” would result in every photograph being recognised as a copyrighted work. Such an approach could lead to saturation with copyright protection, and an increase in the number of legal disputes.
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Iskierka, Iwona, i Sławomir Iskierka. "Prawnoautorska ochrona programów i gier komputerowych". Dydaktyka Informatyki 16 (2021): 28–40. http://dx.doi.org/10.15584/di.2021.16.4.
Pełny tekst źródłaStreszczenie:
The article reviews issues related to the copyright protection of computer programs and games. Attention was paid to the concept of intellectual property and legal issues related to the management of collective copyrights and related rights. Selected issues related to the history and development of copyright are presented. The history of computer games and issues related to the status of a computer game in the context of copyright were also discussed.
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Erniyanti, Erniyanti. "The Legal Protection of Copyrighted Musical Works Used for Commercial Purposes". International Journal of Law Reconstruction 7, nr 2 (15.09.2023): 164. http://dx.doi.org/10.26532/ijlr.v7i2.32633.
Pełny tekst źródłaStreszczenie:
The purpose of writing this journal is to know the legal arrangement of copyright protection of musical works used for commercial purposes, and know the legal protection of copyrighted musical works used for commercial purposes. The author is interested in further research where the research aims to analyze Legal Arrangements for Copyright Protection of Musical Works Used for Commercial Purposes and Legal Protection of Copyrighted Musical Works Used for Commercial Purposes. The method used is a nomative approach through literature study, and empirical approach through field research by conducting a series of interviews with respondents and informants to obtain field data. The results showed that, the legal regulation of copyright protection of musical works used for commercial purposes can be analyzed within the framework of John Austin's positive law theory as an order given by the sovereign ruler to protect the copyright of the owner of the musical work. Compliance with these rules is essential as copyright infringement can have serious legal consequences as stipulated in Act No. 28 of 2014 on Copyright and Government Regulation No. 56 of 2021 on the Management of Royalties for Copyright of Songs and/or Music.
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Nurhayati, Siti, i Dina Andiza. "Legal Review of the Publication of Song Covers to Youtube without the Creator's Permission is Reviewed from Law No. 28 of 2014 on Copyright". International Journal of Research and Review 9, nr 3 (7.03.2022): 48–59. http://dx.doi.org/10.52403/ijrr.20220307.
Pełny tekst źródłaStreszczenie:
Copyright in the field of music and songs has been supported by technological advances one of which is Youtube, with this technological advancement many things can be done by irresponsible people so that it can harm others such as making a cover version of other people's songs and uploading them to Youtube media without getting permission from copyright holders and not infrequently today many become famous and benefit more than creating songs. The collection and collection of data in this study was carried out by document study (Library Research) using skunder data that includes primary, skunder and tertiary legal materials. The results of the study stated that Copyright is an exclusive right where the song cover actor wants to cover the song and seek economic benefits, must get permission / license from the creator so as not to violate the Copyright. Even without recording, copyrighted works have received protection from the Copyright Act. But a copyrighted work would be better if it does the pencant. To cover the song must also be in accordance with certain conditions so as not to violate copyright, and uploading the video cover of the song on Youtube without the creator's permission is a form of law against copyright. Copyright infringement is caused by a factor that causes a lack of awareness of copyright infringement, cultural factors and one of them is economic factors, so many parties who make song covers without the creator's permission and upload to Youtube media benefit from the upload. Keywords: Cover Publication, Youtube, Copyright.
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Ibe, Ikenna U., i Noel N. Udeoji. "THE CHALLENGES AND PROSPECTS OF NIGERIA COPYRIGHT ADMINISTRATION IN A DIGITAL ARTIFICIAL INTELLIGENCE AGE". ABUAD Private and Business Law Journal 3, nr 1 (2019): 110–32. http://dx.doi.org/10.53982/apblj.2019.0301.06-j.
Pełny tekst źródłaStreszczenie:
Copyright is one of the several existent intellectual property rights which seek to protect original works of authorship fixed in any medium of expression known or later to be developed. While this form of protection exists, the influx of digital revolution also persists to cause a strain in copyright administration and protection due to evolution in means of replication, manipulation, reproduction, dissemination, access to copyrighted materials, etc. This work aimed at examining the approach of the Nigerian copyright system and her administrative structure in the face of digital and internet evolution, by extension Artificial Intelligence (AI) revolution which is an emerging technology. Is the new copyright system staller enough to meet the increasing requirements of protection for copyrighted materials, or capable to simultaneously evolve with digital and internet revolution? This work further seeks to examine the inherent weakness in the present copyright system despite the new enactment. The doctrinal methodology was employed in this work. It was discovered that despite the introduction of Copyright Act of 2022, which incorporates several multilateral agreements, expands copyright protection to online works, made provisions regarding technological protection, a practical overhaul of the entire gamut of the copyright system to reflect the intendment of this Act is strictly recommended. Conclusively, incorporation of technology and adequate manpower in the copyright administration will meet the technological requirements of providing protection against digital and online infringement which AI is now a critical tool.
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Sasongko, Wahyu. "Theoretical Review: The Protection of Music Copyrights in the Radio". FIAT JUSTISIA:Jurnal Ilmu Hukum 13, nr 4 (15.11.2019): 307. http://dx.doi.org/10.25041/fiatjustisia.v13no4.1814.
Pełny tekst źródłaStreszczenie:
Playback of music or songs on the radio has the potential to infringe the copyright songwriters. Based on the applicable legal provisions, namely Law Number 28 the Year 2014 concerning Copyrights, the songwriter is the copyright owner of music which is protected by law. Therefore, parties who take advantage of music must obtain permission from the copyright owner. Radio companies should get permission from the copyright owner to play the music on their radio station. However, it is difficult to oversee the playback of the music on the radio. In this context, a collective management agency (CMA) emerges, but the presence of a CMA is not mandatory or optional. Therefore, this paper does not involve CMA. In this regard, legal issues arise, namely how to protect music copyrights according to applicable law to attain legal certainty. This paper is a theoretical study of legal theory or legal doctrine relating to the rights of songwriters. In legal science or jurisprudence it is not clearly distinguished between legal doctrine and legal theory. In discussing this issue, firstly it will be discussed about the meaning and types of music copyrights. Next, it will be discussed about the legal construction or legal framework of music copyrights. Based on theoretical studies, songwriters have various rights with specific characteristics so that the treatments must also be accurate. The legal construction of music copyrights is intertwined in a network of legal binding that is influenced by subject and object factors. The subjects involved are interconnected to use the music as its object. The legal relationship between subjects is mutually beneficial or mutual symbiosis. Meanwhile, music as objects is a flexible commodity. Therefore, airing music on the radio is in doubt to be categorized as copyright infringement.
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Kim, Kyungsuk. "Criteria for Recognizing Exhaustion of Distribution Right to Imported Copyrighted Products: Focusing on the Supreme Court, Judgment of 7 December 2023, 2020Do17863". Korea Copyright Commission 146 (30.06.2024): 191–224. http://dx.doi.org/10.30582/kdps.2024.38.2.191.
Pełny tekst źródłaStreszczenie:
The doctrine of exhaustion of rights asserts that intellectual property rights, such as patents, trademarks, and copyrights, are exhausted and no longer applicable once a product embodying these rights is released into the market with the permission of the rights holder. In Korea, the principle is explicitly stated only in the Copyright Act, whereas it is not specifically mentioned in the Trademark and Patent Acts. Consequently, the standards and theories of rights exhaustion regarding trademark and patent have been primarily developed through case law and academic discourse. Given the ease of distributing intellectual property goods internationally, rights exhaustion is a significant consideration in global transactions. In the context of copyright exhaustion, although the Copyright Act explicitly addresses the exhaustion of rights, there were no significant cases dealing with the parallel import of copyrighted works until the Supreme Court’s decision on December 7, 2023 (Case No. 2020Do17863), which is the focus of this paper. Prior to this ruling, there was considerable debate over whether Korean copyright law permitted only domestic or also international exhaustion of distribution rights. This judgment is pivotal as it establishes the legal basis for the exhaustion of distribution rights, specifies the criteria for domestic exhaustion, and determines that Article 20 applies to international exhaustion by clarifying the conditions for the parallel import of genuine goods. This paper will analyze the requirements for both domestic and international exhaustion, drawing on the insights from this landmark decision.
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Sulasno, Sulasno, i Mia Mukaromah. "Perlindungan Hukum Terhadap Hak Cipta atas Batik Di Kota Serang Provinsi Banten". Ajudikasi : Jurnal Ilmu Hukum 3, nr 2 (31.12.2019): 185. http://dx.doi.org/10.30656/ajudikasi.v3i2.1878.
Pełny tekst źródłaStreszczenie:
This writing aims to find out how the legal protection of the copyright of batik in the city of Serang with the provisions contained in Law No. 28 of 2014 concerning Copyright and regional regulations governing the protection of copyright in the city of Serang.But now researchers have not found any specific regional regulations governing Copyright (Batik Art) in Serang City. Batik is one of the works of art that requires high intellectuals in its creation. Legal protection of batik copyrights is needed to avoid things that will harm the creator and the copyright holder. The method used is the empirical normative legal research method, namely the incorporation of normative legal provisions (laws) with empirical elements (legal events in society / social elements).
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Kusmaningtyas, Rindia Fanny, Sang Ayu Putu Rahayu i Arif Hidayat. "Copyright Application for Students' Work at State Vocational High School 1 Demak Multimedia Majors". Indonesian Journal of Advocacy and Legal Services 3, nr 1 (15.03.2021): 13–34. http://dx.doi.org/10.15294/ijals.v3i1.42127.
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High School (SMK) is one of the educational institutions responsible for creating human resources that have skills so that at the time of graduation can develop performance in the world of work. most vocational school students who take multimedia corner where currently have spawned creative works. The existence of Law Number 28 of 2014 concerning Copyright is very important for the existence of legal protection for the copyrighted works of SMK students in the multimedia field. Because of the importance of understanding copyright and its legal protection. The targets of this activity are students of SMK N 1 Demak majoring in Multimedia, which are expected to develop their potential in finding creative works and knowing their benefits and legal protection. The method used in overcoming problems regarding developing the potential of SMK students in creating creative works. So that SMK students know the legal protection and benefits of copyrighted works and understand things that can be categorized as copyright works, who has the right to be the copyright holder, and what actions can violate Rights in accordance with Law Number 28 of the Year 2014 concerning Copyright. The steps taken to address the issues described above are: (1) Development or socialization of copyright recognition; dan (2) Coaching in developing the potential of vocational school students in creating copyrighted works.
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Kye, Seungkyoon. "Small Comments on choreographic works". Korea Copyright Commission 146 (30.06.2024): 43–78. http://dx.doi.org/10.30582/kdps.2024.38.2.43.
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This article is about dance works stipulated in the Copyright Act. Recently, in our society, due to the influence of the Korean Wave, interest in dance, including back dancing for popular groups, is increasing, and the awareness of the rights of people engaged in dance is also improving. The copyright laws of most countries, including Korea’s copyright law, do not define dance works. Choreography is considered a copyrighted work if it has originality as a combination and arrangement of a sequence of related dance movements and an overall consistent pattern. A characteristic feature of dance works is that they are works using the human body. In addition, dance as a copyrighted work must meet the requirements for establishing a copyrighted work. In other words, human thoughts and emotions must appear in an original way. In Germany, a significant number of dance works are considered small coins. Even if we look at cases from around the world, it is difficult to find cases of plagiarism or copyright infringement regarding the dance work itself. As such, it is difficult to define the creativity of dance works. In my personal opinion, judgment of copyright infringement for dance works should be made using the copyright infringement standards for other works. Also, viewing dance works as a type of theatrical work needs to be improved legislatively.
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Gasaway, Laura N. "COPYRIGHT ISSUES IN CREATING DIGITAL ARCHIVES". Education Libraries 21, nr 3 (5.09.2017): 16. http://dx.doi.org/10.26443/el.v21i3.119.
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As digital archives continue to increase, libraries must face concerns relating to copyright, and find workable, legal solutions to these issues. This article describes three types of digital library projects. Public domain material and its accompanying copyright implications are first described. These include works on which copyright has expired; materials of unclaimed copyright and the current restraints; and works produced by the federal government. Second is a discussion on fair use of copyrighted works. Third, issues surrounding uncertain copyright status are explored. License agreements, particularly in relation to interlibrary loans, and cooperative projects wherein agreements are reached between owner and library so that no copyright problems exist, are also covered. The author concludes that while the creation of digital libraries brings copyright problems with it, these are not insurmountable and explains why.
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Weijie, Huang. "Introducing a Levy Scheme to Online Educational Use of Copyrighted Works". Journal of Educational Theory and Management 5, nr 2 (2.12.2021): 51. http://dx.doi.org/10.26549/jetm.v5i2.7713.
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It is common for teachers to use others' copyrighted works for the purpose of teaching. The current copyright law in many nations only exempts educational use in the context of offline classroom teaching. The use of others’ copyrighted material in online teaching may still constitute copyright infringement. To protect teachers from the chilling effect of copyright infringement, to safeguard the public's freedom to obtain knowledge, and to ensure the commensurability of the profits and responsibilities of online teaching platforms, this paper proposes a levy scheme for online teaching. Under the levy scheme, teachers are free to use others’ published work for the purpose of online teaching, provided that such use does not conflict with a normal exploitation of the work and does not unreasonably prejudice the legitimate interest of the copyright owner. Online teaching platforms should remunerate the copyright owner of the work used in the platform according to the number of participants of the course that uses such work.
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Muhammad Syaroni Putra i Aline Gratika Nugrahani. "PERLINDUNGAN HAK CIPTA TERHADAP NFT "GHOZALI EVERYDAY" DI INDONESIA". Reformasi Hukum Trisakti 5, nr 4 (26.11.2023): 1399–408. http://dx.doi.org/10.25105/refor.v5i4.18541.
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The development of technology and science has provided significant changes in human life. The problems in this research are: (1) can NFT be a means to protect the copyrighted work "Ghozali Everyday" against copyright infringement?; and (2) what legal steps can Ghozali take when the work is made into NFT without permission based on Law Number 28 of 2014 concerning Copyright? This research is a normative type, descriptive analytical in nature, sourced from primary and secondary data, analyzed qualitatively, and drawn conclusions deductively. The conclusion is that NFT can be a means of protecting the copyrighted work "Ghozali Everyday" against copyright infringement, by turning the copyrighted work into an NFT and there are legal remedies that Ghozali can take if the work is made into NFT without permission, including efforts to report through a protection mechanism. provided by OpenSea based on the Blockchain system, and dispute resolution through alternative dispute resolution, Arbitration or Court by article 95 paragraph 1 of Law no. 28 of 2014 concerning Copyright.
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Hong, Wan Sik, i Sun-Ah Moon. "A study on the copyright protection for the director". Korean Public Land Law Association 100 (30.11.2022): 509–31. http://dx.doi.org/10.30933/kpllr.2022.100.509.
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A director of the musical or theater is the person responsible for the all element of a performance. But the copyrights of the musical or theater director is not protected by the Korean Copyrights Act. First of all terms of copyright, the term “work” means a creative production that expresses human thoughts and emotions and the term “author” means a person who creates a work. The right of the director of the musical or theater is regulated as a performer not an author. According to the Copyrights Act §2②, the term “performer” means a person who gives a stage performance by expressing works through acting, dancing, musical playing, singing, narrating, reciting or other artistic means or by expressing things other than works in a similar way, including a person who conducts, directs or supervises a stage performance. Thus a director of the musical or theater is a performer and the rights of the director is protected as the neighboring copyright. But the director who contribute their thinking and insights to play or musical performance might contribute creatively to a production is protected as the copyright. A theater production or a musical production can be broken into two parts, the words on the page and the work on stage. The directors right about the work on stage shall be protected as the writers right about the words on the page can be protected. The current copyright statutes seem easily to accommodate co-authorship. A director’s copyright would instigate a complex, cumbersome array of derivative copyrights that would stymie and ultimately prevent multiple productions of a playwright’s script.
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Hong, Wan Sik, i Sun-Ah Moon. "A study on the copyright protection for the director". Korean Public Land Law Association 100 (30.11.2022): 509–31. http://dx.doi.org/10.30933/kpllr.2022.100.509.
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A director of the musical or theater is the person responsible for the all element of a performance. But the copyrights of the musical or theater director is not protected by the Korean Copyrights Act. First of all terms of copyright, the term “work” means a creative production that expresses human thoughts and emotions and the term “author” means a person who creates a work. The right of the director of the musical or theater is regulated as a performer not an author. According to the Copyrights Act §2②, the term “performer” means a person who gives a stage performance by expressing works through acting, dancing, musical playing, singing, narrating, reciting or other artistic means or by expressing things other than works in a similar way, including a person who conducts, directs or supervises a stage performance. Thus a director of the musical or theater is a performer and the rights of the director is protected as the neighboring copyright. But the director who contribute their thinking and insights to play or musical performance might contribute creatively to a production is protected as the copyright. A theater production or a musical production can be broken into two parts, the words on the page and the work on stage. The directors right about the work on stage shall be protected as the writers right about the words on the page can be protected. The current copyright statutes seem easily to accommodate co-authorship. A director’s copyright would instigate a complex, cumbersome array of derivative copyrights that would stymie and ultimately prevent multiple productions of a playwright’s script.
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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.
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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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Ramadhana, Bramantyo Hutomo, i Abraham Ferry Rosando. "PENEGAKAN HUKUM KEPADA PENYANYI COVER DI YOUTUBE BERDASARKAN UNDANG-UNDANG HAK CIPTA". Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance 2, nr 2 (30.08.2022): 458–71. http://dx.doi.org/10.53363/bureau.v2i2.47.
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This..paper is intended to study and research related. to how to enforce the law against cover singers on the Youtube platform, because basically this activity will invite various opinions related to someone's copyright. In the discussion of this research, the author will use the type of normativ...Legaal. .reesearch. Normative legal reesearch is legal research to..find thee..Ruleof law, legalprinciples,and legaldoctrines in order to answerthe legalissue faced, normativelegal ressearch is carried out to fin,d solutions to existing legal issues. The results of several existing studies explain that one of the events found on online platforms, especially Youtube, is the frequent occurrence of violations related to song copyrights committed by Cover content creators, in this case republishing the copyrighted works of people as songwriters and.not awarre..of the iimportance..of the..ecconomic rights.and mo,ral..rightsof..th,e songwriter. From this incident, it..canbe..conclu,ded that.there is..no awareness and strict regulations regarding copyright of songs sung again on several online platforms, especially Youtube and also the importance of specific government regulations in the use of song copyrighted works on online platforms