320,293 research outputs found

    COPYRIGHT DAN RIGHT TO COPY (PEMAHAMAN DASAR HAK CIPTA DAN HAK YANG TERKAIT DENGAN HAK CIPTA DALAM BIDANG HAK KEKAYAAN INTELEKTUAL)

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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

    Digital copyright: the end of an era

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    Discusses the implementation of European Parliament and Council Directive 2001/29 (the Information Society Directive) in view of the trend to extend the scope of copyright in the context of digitally stored and transmitted copyright works. Compares the WIPO Copyright Treaty, the WIPO Performances and Phonograms Treaty, the US Digital Millennium Copyright Act 1998, the German legislation to implement the Information Society Directive and the UK draft implementing legislation. Criticises the strategy of awarding stronger exclusive rights rather than rights to payment, protecting technological protection measures and penalising the users of copyright works. Considers the Information Society Directive provisions on users' rights to fair use and the expiry of the term of exclusive rights. Contrasts the interests of authors and investors in copyright. Includes graphs illustrating how the number of Internet users increased from 1982 to 1998 and the distribution of royalties by the Performing Right Society among best sellers and less successful authors, and the proposed logo for copyright protection on CDs

    The Continental Moral Rights Doctrine and its Applicability in the United States Copyright System

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    In the last half of the twentieth century, international copyright protection has become of much greater concern as the copyright industry has become supranational. Treaties enacted in the last ten years such as the Berne Convention Implementation Act, the Uruguay Round Agreements Act, and the Agreement on Trade-Related Aspects of Intellectual Property Rights, provide the highest copyright protection available at the international level. Global piracy has declined in the last several years because of these provisions. However, the adherence by the United States to these treaties has caused controversy; some maintain that it represents a major overhaul of federal law in many spheres, not only in copyright. So the adherence to these treaties by the U.S. has brought a clash of the two systems in the international copyright field - the copyright system and the author’s rights system. The author’s rights system (countries such as France, Germany, Italy, and most in Latin America) focuses almost exclusively on the individual creator - the author - while the common law system (countries such as the U.S. and the U.K.) focuses on the balance between the author’s property rights and the people’s right to learn. Along with the growth of international trade, an emphasis on natural law in the copyright field has emerged. These “Moral Rights” advocates claim that the copyright system in the U.S. does not sufficiently protect the personal, non-economic rights of the authors. This paper takes the position that the U.S. copyright system has made an effort for the past two centuries to accomplish a balance between the authors’ property rights and the people’s right to learn. However, this effort has been threatened by section 106A of the Copyright Act which extends the scope of moral rights protection. This paper analyzes whether the inclusion of the moral rights doctrine in the U.S. statutory copyright system is unconstitutional

    A Fair Use to Remember: Restoring Application of the Fair Use Doctrine to Strengthen Copyright Law and Disarm Abusive Copyright Litigation

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    The primary goal of copyright law is to benefit the public. By rewarding authors with exclusive rights, such as the power to enforce copyright infringement, copyright protection is the means through which copyright law accomplishes this goal. Another way that copyright law pursues its goal is through the fair use doctrine—an invaluable utilitarian limit on copyright protection. However, fair use is, among other things, vague. The current application of fair use as an affirmative defense magnifies the doctrine’s problems and makes copyright law hospitable to abusive copyright litigation. Current proposals in this area of reform target either fair use or abusive copyright litigation. This Note targets both problems with a single solution: applying fair use as a right. Applying fair use as a right alleviates some of the doctrine’s inherent problems and is the best long-term solution for eliminating abusive litigation from copyright law. As a right, fair use protects copyright’s core values and goals, alleviates the burden on courts, and cultivates creation. A review of the motivation behind fair use reveals that as a right, fair use is best able to serve the purpose for which it was designed

    The problems in will expression in civil law transactions and healthcare in case of capacity of individuals

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    Publisher Copyright: © 2020 The Authors. Copyright: Copyright 2020 Elsevier B.V., All rights reserved.The expression of each individual’s will is one of the important rights. This freedom is protected by human rights. In legal systems the expression of the central positions of the will of individuals is protected. In civil law transactions as well as in health care individuals have specific and complicated rights to express their will. And the problematics of it comes from that capacity issue. The rights to expression, rights to liberty ect. are recognized as the basic rights of each individual, of each member of the society. The protection of the expression of the individual’s will is significant moment from the international as well as national point of view. A significant aspect and more sensitive is the protection of incapable person’s rights, for instance, in civil law transactions and healthcare matters in legal framework. The key challenge for the protection of those rights is to find the balance between capable and incapable persons’ rights protection in the case of will expression in particular matters.publishersversionPeer reviewe

    RoMEO Studies 2: how academics want to protect their open-access research papers

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    This paper is the second in a series of studies (see Gadd, E., C. Oppenheim, and S. Probets. RoMEO Studies 1: The impact of copyright ownership on author-self-archiving. Journal of Documentation. 59(3) 243-277) emanating from the UK JISC-funded RoMEO Project (Rights Metadata for Open-archiving). It considers the protection for research papers afforded by UK copyright law, and by e-journal licences. It compares this with the protection required by academic authors for open-access research papers as discovered by the RoMEO academic author survey. The survey used the Open Digital Rights Language (ODRL) as a framework for collecting views from 542 academics as to the permissions, restrictions, and conditions they wanted to assert over their works. Responses from self-archivers and non-archivers are compared. Concludes that most academic authors are primarily interested in preserving their moral rights, and that the protection offered research papers by copyright law is way in excess of that required by most academics. It also raises concerns about the level of protection enforced by e-journal licence agreements

    The pirate from Koenigsberg: why closed source software is not worth of copyright protection

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    According to Kant, property applies only to touchable things, among which he includes the works of art. For the very principle of private property, a legitimate purchaser has the right to replicate and to share them without restrictions. Kant recognizes copyright only on written texts, by conceiving them as speeches that exclusively authorized spokespersons - the publishers - may convey to the public in the name of their authors. The rights of the authorized publishers, however, are justified only if they help the public to get the texts. In a Kantian environment, open source software would be worth of copyright protection, because it can be conceived as a speech meant to human beings. On the contrary, Kant would treat closed source programs as works of art, without according them copyright protection, because, as none is allowed to read and to understand them, they cannot be conceived as a speeches meant to the public. Closed source programs are like sealed books that no one is allowed to read: why do we keep on taking for granted that they are worth of copyright protection?Kant copyright software

    A critique of intellectual property rights in the music industry

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    Intellectual properties, as a consequence of their intangible nature, are more susceptible to theft and illegal acquisition. Essentially, creators of musical works need some form of right and protection to prevent unauthorized persons from illegally acquiring their intellectual assets and this is frequently referred to as Intellectual Property Rights. To a fair extent, the copyright law has been developed and established in Nigeria. Nonetheless, the strategies that have been installed to ensure its effective implementation and the opportunities provided for the copyright owners to maximize their rights are in question. By extensively using domestic statutes, case laws, foreign conventions and empirical studies from different authors on the subject of copyright in the music industry the writer seeks to explain the basic concept of Intellectual Property as a form of protection for intellectual property-owners which invariably will encourage the spirit of creativity and productivity in the music industry. It also looks at the philosophical structure in which music law and intellectual property rights coalesce in Nigeria’s music industry today to enhance the protection which the law purports to afford the owners or authors of copyrighted works in the music industry. Finally, the article gave an overview of the activities of the Nigerian Copyright Commission and submitted recommendations for effective administration of copyright laws in Nigeria

    CRIMINAL LAW PROTECTION OF INTELLECTUAL PROPERTY RIGHTS IN BOSNIA AND HERZEGOVINA

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    Among the key obligations that must be fulfilled by the world states that aspire to become members of the World Trade Organization is to provide the holders of subjective intellectual property rights with an adequate form of judicial protection. With criminal offenses in the field of protection of intellectual property rights, criminal law protects both moral and property rights of authors and performers, rights of producers of sound recordings and rights related to radio broadcasts, ie rights of authorized distributors of encrypted satellite signals. The incriminations are also in line with the provisions of domestic law, primarily withthe law on copyright and related rights in Bosnia and Herzegovina. The object of protection in these criminal offenses are copyright and other related rights from the power of intellectual property. The aim of the paper is to consider the incriminations in the positive legal regulations in Bosnia and Herzegovina that protect these rights
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