The Copyrightability of Opera Direction

2021 ◽  
Author(s):  
Vincenzo Iaia
Keyword(s):  
Copyright Protection ◽  
Legal Protection ◽  
Legal Framework ◽  
Copyright Law ◽  
The Other ◽  
Eu Law ◽  
Eu Member States ◽  
Dramatic Text ◽  
Creative Contribution ◽  
Consistent Solution

Abstract A judgment of the Italian Court of Cassation – No. 17565 of 18 June 2021 – offers an opportunity to investigate the legal protection options applicable to the direction of opera. As this issue is not addressed by EU law, EU Member States have adopted different approaches, from awarding copyright, to neighboring rights, to a mixture of the two. This opinion aims at finding the most consistent solution within the Italian legal framework. After an assessment of the alternative legal options, it argues that opera direction should be eligible for copyright protection via an analogical application of Art. 44 of the Italian copyright law, which indirectly includes cinematic direction within the area of copyrightable works. This conclusion is based on the fact that there are no substantial differences between the two types of direction justifying a diverse treatment. Otherwise, it would result in blatant and unsubstantiated discrimination because both categories of directors set out to convert a text – the dramatic text or the film script – to the medium of theatre or film respectively. Finally, this opinion suggests that even if the other creative roles involved in opera making are not addressed by the law, they too should qualify as co-authors if they make a creative contribution.

Europe’s Cosmopolitan Union

2021 ◽  
pp. 204-226
Author(s):  
Bertjan Wolthuis ◽  
Luigi Corrias
Keyword(s):  
Public Law ◽  
Internal Market ◽  
The Other ◽  
Refugee Crisis ◽  
Eu Law ◽  
Eu Member States ◽  
Cosmopolitan Law ◽  
Migration Law ◽  
Legal Condition ◽  
The Eu

The chapter provides a Kantian reading of EU internal market law and the refugee crisis of 2015. The chapter argues that the EU should be viewed as a cosmopolitan union. The authors ask whether EU law, understood as positive cosmopolitan law, can be qualified as an extension of the legal condition, and whether it can be viewed as consistent with the other two parts of public law, especially with the freedom of EU member states which also depend on the possible connection to global, much less extensive, systems of positive cosmopolitan law such as migration law.

Understanding Screen Franchising

2015 ◽  
Vol 156 (1) ◽  
pp. 50-59 ◽  
Author(s):  
Albert Moran
Keyword(s):  
Legal Protection ◽  
Trade Mark ◽  
Copyright Law ◽  
The Other ◽  
Dramatic Character ◽  
Ugly Betty ◽  
Trade Mark Law ◽  
The Media ◽  
The One ◽  
Media And Communication

Handbooks about the business practice of franchising do not seem to consider whether the practice occurs in television and other media industries. This lack of regard is replicated by media and communication scholars who fail to consider how this kind of media licensing works, even though the term franchising' is frequently adopted. To place the topic in a wider realm of critical inquiry, this article analyses a set of distinct economic, legal and cultural parameters that have to do with media intertext franchising on the one hand and television format franchising on the other. It finds that the two sets of practices operate under different regimes of legal protection, one concentrating on trade mark law and the other focusing on copyright law. In turn, this raises a question concerning the legal protectability of television program formats such as Ugly Betty under a legal shield associated with the media intertext rather than the television format. The presence of dramatic character would seem to be crucial to facilitating the building of a brand associated with a fictional character's aura or image.

scholarly journals “Narrative Museums” and Curators’ Rights: The Protection of a Museum Exhibition and Its Scenario under Polish Law

2020 ◽  
pp. 151-176
Author(s):  
Alicja Jagielska-Burduk ◽  
Andrzej Jakubowski
Keyword(s):  
Copyright Protection ◽  
Legal Protection ◽  
Legal Framework ◽  
Second World War ◽  
Moral Rights ◽  
Legal Questions ◽  
Cultural Experiences ◽  
Museum Exhibitions ◽  
Polish Law ◽  
Second World

Since at least the 1990s, museums have expanded to cover a variety of societal functions, often enabling inclusive and participatory spaces for critical dialogue about the past and the future, and bridging together various narratives and cultural experiences, contributing to social cohesion and reconciliation. The new functions of museums, involving novel technological forms of display and communication, pose several legal questions concerning the management of such institutions, their resources, and exhibitions, including issues of copyright and other intellectual property rights. While referring to a recent case concerning an alleged infringement of the moral rights of the authors of the permanent exhibition of the Museum of the Second World War in Gdansk (MWII), this article examines the scope of copyright protection in new, so-called, “narrative” museums under Polish law. First it briefly scrutinizes main facts and circumstances of this case. Secondly, it discusses the current legal framework on the copyright protection of museum exhibitions under Polish law. Next, in light of the judgment rendered in the MWII case, the standard of legal protection of moral interests resulting from a museum exhibition’s design and its scenario (script) is explored. Finally, the article concludes with a set of observations concerning the extent to which copyright law may serve as a tool for protecting the integrity of museum exhibitions and their original conceptual design.

scholarly journals Protection of Animated Cartoon Character: Copyright or Trademark?

2021 ◽  
Vol 10 (3) ◽  
pp. 446
Author(s):  
I Gusti Ngurah Bayu Satriawan ◽  
Marwanto Marwanto
Keyword(s):  
Copyright Protection ◽  
Legal Protection ◽  
Copyright Law ◽  
Legal Research ◽  
Trademark Law ◽  
Animated Cartoon ◽  
Cartoon Character ◽  
Animated Film ◽  
Cartoon Characters ◽  
Analytical Approaches

Animated cartoon character is a character created or depicted in an animated story with the aim of supporting the story in an animated film. Currently, many children's clothes, bags, shoes or accessories include animated pictures from cartoons with the aim of attracting buyers' attention to increase sales of these products. The purpose of this writing is to identify, analyse and elaborate legal protections for animated cartoon characters based on the provisions in the copyright law, as well as legal protection for animated cartoon characters used as brands. This was normative legal research using a statutory, conceptual and analytical approaches. Animated cartoon characters as one of the objects of copyright protection, namely images, receive automatic protection based on the Copyright Law and can also be registered as Trademarks, as long as the image has distinctive power and has no similarity in substantial or in its entirety. However, if any parties who intend to use the animated cartoon characters that already classified as a well-known trademark, that party can propose a License to the owner of the trademark as regulated under the provision of Article 42 paragraph (1) of Trademark Law

scholarly journals PERLINDUNGAN HUKUM HAK CIPTA TERHADAP COVER VERSION LAGU DI YOUTUBE

2017 ◽  
Vol 6 (4) ◽  
pp. 508
Author(s):  
Anak Agung Mirah Satria Dewi
Keyword(s):  
Social Media ◽  
Copyright Protection ◽  
Legal Protection ◽  
Copyright Infringement ◽  
Copyright Law ◽  
Copyright Holder ◽  
Legal Research ◽  
The Creation ◽  
Cover Songs

Protection of copyright law against cover version of song on youtube. Copyright protection only extends to the “expression” of the creator, and not to the “idea” or information derived from a work. This is what happens in cover songs, others have the freedom to express the same idea or reuse the information gained from the creation or work that is protected into the work afterwards as long as the idea is expressed in a different way. The formulation of the problem in this research is 1. Does making cover versions of songs belonging to others and uploading to youtube social media is a form of copyright infringement? and 2. What is the legal protection of the copyright holder for copyright infringement in the field of music and song in the form of commercial cover version?. The type of research used in this study is the type of normative legal research. The conclusion of the results of this research is in making cover versions of songs and uploading to youtube social media in general do not violate the Copyright when the making and announcement is done by not violating the exclusive rights of copyright holder and legal protection against the copyright holder over copyright infringement in the field of music and songs in the form of commercialized version cover can be done through two ways, namely preventive efforts and repressive efforts. Abstrak Perlindungan hukum hak cipta terhadap cover version lagu di youtube. Perlindungan hak cipta hanya mencakup kepada “ekspresi” pencipta, dan bukan kepada “ide” atau informasi yang didapat dari suatu ciptaan. Hal inilah yang terjadi dalam kegiatan cover lagu, pihak lain memiliki kebebasan untuk mengekspresikan ide yang sama atau menggunakan kembali informasi yang diperoleh dari ciptaan atau karya yang dilindungi kedalam karya sesudahnya selama ide tersebut diekspresikan dengan cara yang berbeda. Rumusan masalah dalam penelitian ini adalah 1. Apakah membuat cover version lagu dan mengunggah ke media sosial youtube merupakan suatu bentuk pelanggaran hak cipta ? dan 2. Bagaimanakah perlindungan hukum terhadap pemegang hak cipta atas pelanggaran hak cipta di bidang musik dan lagu dalam bentuk cover version yang di komersilkan ?. Jenis penelitian yang digunakan dalam penelitian ini adalah jenis penelitian hukum normatif. Kesimpulan dari hasil penelitian ini yaitu membuat cover version lagu dan mengunggah ke media sosial youtube secara umum tidak melanggar Hak Cipta apabila pembuatan dan pengumuman tersebut dilakukan dengan tidak melanggar hak-hak eksklusif pemegang hak cipta dan perlindungan hukum terhadap pemegang hak cipta atas pelanggaran hak cipta dibidang musik dan lagu dalam bentuk cover version yang dikomersilkan dapat dilakukan melalui dua cara yaitu upaya preventif dan upaya represif.

scholarly journals Considerations on the Infringement Procedure against Romania

2022 ◽  
Author(s):  
Crina Mihaela Verga ◽  
◽  
◽  
◽  
◽  
...  
Keyword(s):  
European Union ◽  
Good Practice ◽  
Legal Framework ◽  
Comparative Methods ◽  
The Other ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Relevant Case ◽  
The Eu

This paper is a study of the infringement procedure, as it is regulated at EU level. Thus, we first analyze the existing legal framework on the matter. The implementation of this procedure in various Member States of the European Union and its consequences are then presented. Last but not least, the article refers to a series of aspects regarding the fields in which the procedure was directed against Romania since its integration into the EU. The purpose of the essay is to present in detail Romania's situation regarding the violation of EU’s law.Thus, a comparative presentation throughout time of the number of such proceedings launched against the Romanian state was made.A relevant case in which Romania was tried and convicted was also presented in detail.The large number of cases launched in 2021 highlights the delays registered by Romania on the matter. The measures ordered by the Romanian government through the elaborated the Annual Transposition Plan-2021must be carefully and systematically implemented. Romania could also consider and effectively apply the examples of good practice from the other EU’s member states. The historical and the comparative methods used in this presentation reveal both the similarities between the application of this procedure in the EU Member States under review as well as the differences and its succession in time. The article is important not only for the scientists, but also for the practitioners to dispose all the necessary measures that are required.

scholarly journals The European Union and Education for Democratic Citizenship

2020 ◽  
Author(s):  
Kris Grimonprez
Keyword(s):  
Legal Framework ◽  
Democratic Citizenship ◽  
Quality Education ◽  
Eu Law ◽  
The European Union ◽  
Council Of Europe ◽  
Member States ◽  
Eu Member States ◽  
Legal Competence ◽  
The Eu

The study makes an analysis of the legal framework which Member States must take into account when designing their policies on citizenship education. The Charter on Education for Democratic Citizenship and Human Rights Education of the Council of Europe and the international right to education are read in conjunction with EU law. Suitable content for the EU dimension in mainstream education is explored. A method for objective, critical and pluralistic EU learning is proposed, based on the Treaties and on case teaching (stories for critical thinking). Member States are invited to take more action to ensure quality education. The EU has the legal competence to support the EU dimension in education. In the present state of EU law, quality education is no longer conceivable without an EU dimension incorporated in various key competences. At present the author works at the implementation of the ideas developed in the book as an Affiliated Senior Researcher at Leuven University (Case4EU-project in Belgium and other EU Member States).

scholarly journals Perlindungan Motif Tato Suku Dayak dalam Dimensi Hukum Hak Cipta di Indonesia

2021 ◽  
Vol 10 (3) ◽  
pp. 655
Author(s):  
Putu Prashanti Vahini Kumara ◽  
I Ketut Westra
Keyword(s):  
Copyright Protection ◽  
Descriptive Analysis ◽  
Legal Protection ◽  
Modern Society ◽  
Copyright Law ◽  
Customary Law ◽  
Legal Research ◽  
Analysis Technique ◽  
Cultural Expressions ◽  
Traditional Cultural Expressions

Dayak tattoos are works of art with tattoo motifs created by the Dayak people from generation to generation so that they can be referred to as Traditional Cultural Expressions, but now these tattoo motifs are widely used by modern society and are considered as art. The purpose of this paper is to identify, analyze and elaborate the legal protection arrangements for modern tattoos based on the provisions of the copyright law in Indonesia, as well as the protection of Dayak tattoos from a copyright perspective. This paper is a normative legal research with descriptive analysis technique. The results show that tattoos are one of the objects of copyright protection in the form of images that receive automatic protection as stipulated in Article 40 letter f UUHC. Regarding the tattoo motif of the Dayak Tribe, it should be protected as one of the Traditional Cultural Expressions as stipulated in Article 38 paragraph (1) UUHC. Protection is given considering that the tattoo motif of the Dayak Tribe is closely related to the values ??that live in the community that bears it, including customs, customary law norms, and other noble norms that are upheld by the Dayak community. Therefore, the State is obliged to carry out an inventory, maintain and preserve the existence of the tattoo motif of the Dayak Tribe. Tato Suku Dayak merupakan karya seni motif tato yang diciptakan oleh masyarakat suku Dayak secara turun-menurun sehingga dapat disebut sebagai Ekspresi Budaya Tradisional, namun kini motif tato tersebut banyak digunakan oleh masyarakat modern dan dianggap sebagai hal yang seni. Tujuan penulisan ini adalah untuk mengidentifikasi, menganalisis dan mengelaborasi pengaturan perlindungan hukum terhadap tato modern berdasarkan ketentuan undang-undang hak cipta di Indonesia, serta perlindungan terhadap tato Suku Dayak dalam perspektif hak cipta. Tulisan ini merupakan penelitian hukum normatif dengan tehnik deskriptif analisis. Hasil penelitian menunjukkan bahwa tato merupakan salah satu objek perlindungan hak cipta berupa gambar mendapat perlindungan secara otomatis atau automatically protection sebagaimana ditentukan dalam Pasal 40 huruf f UUHC. Berkaitan motif tato Suku Dayak sepatutnya dilindungi sebagai salah satu Ekspresi Budaya Tradisional sebagaimana ditentukan dalam Pasal 38 ayat (1) UUHC. Perlindungan diberikan mengingat motif tato Suku Dayak memiliki keterkaitan erat dengan nilai-nilai yang hidup dalam masyarakat pengembannya, antara lain adat-istiadat, norma hukum adat, dan norma-norma luhur lain yang dijunjung tinggi oleh masyarakat Suku Dayak. Maka dari itu, Negara wajib untuk melakukan inventarisasi, menjaga dan melestarikan keberadaan motif tato Suku Dayak.

scholarly journals CULINARY PRODUCTS AS UNTYPICIAL COPYRIGHT OBJECTS

2020 ◽  
Author(s):  
Ольга Улітіна
Keyword(s):  
Intellectual Property Rights ◽  
Copyright Protection ◽  
Literary Work ◽  
Fine Art ◽  
Copyright Law ◽  
Ordinary People ◽  
Foreign Countries ◽  
Specific Category ◽  
Original Works ◽  
Creative Contribution

Nowadays the process of cooking is becoming more creative, it acquires certain features of art. Cooking is developing not only at the level of the restaurant business because of the special creative contribution of the chefs, but also in the kitchens of ordinary people who are trying to add diversity to their dishes. Today, food should be not only delicious, butalso aesthetically pleasing. «Instagram dishes», «Instagram plating» are especially popular, because of their attractiveness and unusual look.The article is devoted to the study of the copyright protection of culinary products.The copyright legislation of Ukraine and some foreign countries, which in one or another way can be used for protection of the intellectual property rights to culinary products are analyzed. The article also considers the question of whether culinary products can be recognized as derivative works. It is determined whether the recipe can be protected by copyright and established how the concepts of culinary product and recipe relate.Author states that a culinary product as a category consists of four components: 1) idea (recipe/technological process of production), 2) name, 3) the process of cooking itself, and 4) platting (presentation of the dish). The concept of «recipe» is absent at the legislative level in Ukraine.According to the Ukrainian and foreign scientific sources the recipe can be protected by copyright as a literary work. However, in this case only the form in which the recipe is expressed (fixing in tangible medium of expression) is protected. The idea, the essence of the recipe will not be protected under the copyright protection. Therefore, the protection offered by the copyright law in this case cannot be used to protectthe rights to a culinary product made by the recipe. The finished dish is the final product of the recipe, the result of being fixed in a tangible medium, similar to the architectural projects and buildings in which the projects are «fixed».The author claims that some culinary products can be recognized as a derivative works which relates to the original works of fine art. A specific category of Ukrainian legislation – branded food can be protected by the norms of Ukrainian copyright law.

scholarly journals Copyright Protection and Role of Publishers: Perceptions of Indian Authors

2019 ◽  
Vol 8 (3S) ◽  
pp. 475-479
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Copyright Protection ◽  
General Public ◽  
Legal Framework ◽  
Copyright Law ◽  
Copyright Laws ◽  
Creativity And Innovation

Copyright laws provide the legal framework to the business of publishing, and authors and publishers have benefitted enormously over the last 100 years or more from the existing copyright regime. The objective of copyright law is to reward the creativity of authors while ensuring that the general public has access to the creativity and innovation of authors. Publishers invest in the content and intellectual property rights assigned to them by authors. What provides value to their investment is the protection provided by copyright laws to the seamless acquisition and transfer of the intellectual property asset. This paper, the first of its kind on authors and copyright in India, focuses on Indian author perceptions on the role of publishers in protecting copyright.

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