Policy on Protection of Cultural Heritage through Communal Copyright in Supporting Sustainable Tourism

Tourism has become a prevalent discourse in Indonesia, considering that in the last few years, Tourism has become the highest contributor to the commodity revenue line. Paying close attention to the integration of tourism certainly involves multidiscipline in it so that efforts to develop tourism require integrated efforts from various parties as well as multidiscipline. It is essential to realize that the attractions of tourism in Indonesia can consist of everything that has a uniqueness, beauty, and value in the form of the diversity of natural, cultural, and human-made diversity. In real terms, it can be observed that cultural heritage is one of the valuable assets owned by a country (Indonesia) in supporting the development of tourism. Culture is a way of life that develops, is shared by a group of people, and is passed down from generation to generation. The culture referred to is the result of reason and reason, so that philosophy can be understood as originating from nothing, then thought by reason and ideas, then becoming. The process of creating a culture can logically be protected by Intellectual Property Rights (Copyright). During this time, the copyright-protected in Indonesia based on Law Number 28 of 2014 concerning Copyright is an Individual Right. It is understood that the copyright needed to protect cultural heritage is communal rights. How to regulate and apply copyright protection Communal communities will be studied more deeply so that there is a comprehensive and integrated model for protecting cultural heritage in Indonesia.

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Legal Protection of Cultural Heritage in a World of Intellectual Property Rights

Patents and Technological Progress in a Globalized World ◽

10.1007/978-3-540-88743-0_53 ◽

2008 ◽

pp. 763-779 ◽

Cited By ~ 1

Author(s):

Reto M. Hilty

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Cultural Heritage ◽

Intellectual Property Rights ◽

Legal Protection ◽

Protection Of Cultural Heritage

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PERLINDUNGAN HUKUM TERHADAP KARYA SENI BATIK YANG BELUM TERDAFTAR MENURUT UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA

JURNAL HUKUM DAS SOLLEN ◽

10.32520/das-sollen.v1i1.423 ◽

2018 ◽

Vol 1 (1) ◽

Author(s):

Inggrit Fernandes

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Cultural Heritage ◽

Intellectual Property Rights ◽

Rapid Growth ◽

Economic Value ◽

Legal Protection ◽

Property Law ◽

Market Demand ◽

Work Of Art

Batik artwork is one of the treasures of the nation's cultural heritage. Batik artwork is currently experiencing rapid growth. The amount of interest and market demand for this art resulted batik artwork became one of the commodities in the country and abroad. Thus, if the batik artwork is not protected then the future can be assured of a new conflict arises in the realm of intellectual property law. Act No. 28 of 2014 on Copyright has accommodated artwork batik as one of the creations that are protected by law. So that this work of art than as a cultural heritage also have economic value for its creator. Then how the legal protection of the batik artwork yaang not registered? Does this also can be protected? While in the registration of intellectual property rights is a necessity so that it has the force of law to the work produced

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MUSEUM SONGKET PALEMBANG DENGAN PENDEKATAN ARSITEKTUR NEO-VERNAKULAR

Arsitektura ◽

10.20961/arst.v14i2.9046 ◽

2017 ◽

Vol 14 (2) ◽

Author(s):

Abdul Aziz Arrosyid ◽

Samsudi Samsudi ◽

Ummul Mustaqimah

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Cultural Heritage ◽

Cultural Values ◽

Intellectual Property Rights ◽

Architectural Design ◽

Raw Materials ◽

Vernacular Architecture ◽

Museum Design ◽

Limited Process

Traditional weaving as a national cultural heritage is being abandoned, including songket in Palembang city. Songket weaving craft has been abandoned due to the limited process of the making, expensive raw materials, and competitiveness, either other crafters or modern weaving. There are hundreds of Palembang songket motifs that have not been documented and collected well. Only 77 motifs which have been registered as intellectual property rights. The lack attention of this matter would give possibility for neighboring countries to claim it such an accident ever exist. Songket Museum is needed as conservation center, exhibition, research, and songket craft workshop. Neo-Vernacular Architecture approach is used to make museum architectural design which is in line the cultural values of Palembang in contemporary design. The design issue is how to apply the principles of Neo-Vernacular Architecture into Palembang Songket Museum design. The method is designing the museum by taking both the physical and non-physical elements of local culture. Beside, re-interpretation the shape and philosophycal value of local architecture and Palembang songket are apllied in a new composition of Neo-Vernacular Architecture. The result is a design of Palembang Songket Museum which applies Neo-Vernacular Architecture principles. Keywords: Architecture, Neo-Vernacular, Palembang Songket, Songket Museum.

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Peran Lembaga Manajemen Kolektif Sebagai Bentuk Perlindungan Hukum Pencipta Lagu Dan Pemilik Hak Terkait

Jurnal Yustika: Media Hukum dan Keadilan ◽

10.24123/yustika.v22i01.1997 ◽

2019 ◽

Vol 22 (01) ◽

pp. 37-54

Author(s):

Elly Hernawati

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Intellectual Property Rights ◽

Business Climate ◽

Management Agency ◽

Collective Management ◽

The Creation ◽

The Right

Copyright is one of the Intellectual Property Rights components and should be paid attention to. Even more in technology era that developing, copyright protection needed to be enhanced, so that the right of creator, Copyright holder or owner of relevant rights can be protected and urge people to create. Indirectly, good and healthy business climate could be fostered. Not all people have skill to create, that is why those people who have skill to create must be protected and even awarded, hoping that people urged to create. One of the creations that protected are song and music. In creating song or music, creator involve recording producer, music director or arranger. Regarding the creation, creator holds moral and economy rights, while parties involved hold the relevant rights to it. Collective Management Agency is an agency that help creator or relevant rights owner in managing and distributing the creation which is song or music that being commercialized. Yet the creator must be the member of the agency beforehand. Commercialization of a song or music by user can rise problem. Protection to the song or music is for the whole thing, including lyric, notation, arrangement and song title. The utilization of a song or music should be still protecting the parties that hold the copyright and the relevant right to it.

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Māori Intellectual Property Rights and the Formation of Ethnic Boundaries

International Journal of Cultural Property ◽

10.1017/s0940739109990245 ◽

2009 ◽

Vol 16 (3) ◽

pp. 341-355 ◽

Cited By ~ 24

Author(s):

Toon van Meijl

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Intellectual Property Rights ◽

Cultural Appropriation ◽

Way Of Life ◽

Cultural Elements ◽

Native Flora ◽

Ethnic Boundaries ◽

Waitangi Tribunal

AbstractThis article questions and contextualizes the emergence of a discourse of intellectual property rights in Māori society. It is argued that Māori claims regarding intellectual property function primarily to demarcate ethnic boundaries between Māori and non-Māori. Māori consider the reinforcement of ethnic boundaries necessary since they experience their society and distinctive way of life as endangered both by the foreign consumption or misappropriation of aspects of their authentic cultural forms and by the intrusion of foreign cultural elements. Following Simon Harrison (1999) it is argued that the first threat is often represented as an undesired form of cultural appropriation, piracy or theft, while the second threat is viewed as a form of cultural pollution. This argument is elaborated with a case-study of each so-called danger, namely a claim regarding native flora and fauna submitted to the Waitangi Tribunal, which is considered as an example of resistance against cultural appropriation, and the increasing hostility of Māori to foreign interest and research in Māori culture and society, which is analysed as an example of opposition to putative pollution.

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USE OF COPYRIGHT PROTECTED WORKS IN THE EDUCATIONAL PROCESS

SOCIETY INTEGRATION EDUCATION Proceedings of the International Scientific Conference ◽

10.17770/sie2019vol1.3907 ◽

2019 ◽

Vol 1 ◽

pp. 607

Author(s):

Liene Vindele ◽

Renāte Cāne

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Intellectual Property Rights ◽

Scientific Research ◽

Research Process ◽

Legal Framework ◽

Educational Process ◽

Step Test ◽

Legal Norms

Copyright is one of the intellectual property rights whose main activity is to promote creativity and protect the ownership of the author. However, these rights are not absolute and are subject to certain restrictions.In the Berne Convention, Agreement on Trade-Related Aspects of Intellectual Property Rights and also WIPO Copyright Treaty embodied so-called “three-step test” allowing exceptions to copyright protection. They state that exceptions to copyright protection are admissible only in specific cases; if they comply with the rules of normal exploitation of the author's work; and do not unreasonably prejudice the legitimate rights of the author.While respecting the restrictions contained in international conventions, the Latvian Copyright Law also lays down various restrictions, when the author's work can be used without a special permit for the use of the author's work or for free, such as in the educational or research process. The free use of copyright-protected materials constitutes a restriction on the economic rights of copyright holders. These restrictions aim to strike a balance between the rights of the author and the interests of the public. Although copyright-protected works can be used in education almost everywhere in the world, restrictions on the exercise of these rights have not been clearly established.The aim of this paper is to research limits use of copyright-protected works in the educational process. Basis for this analysis will be the international and national legal framework about copyright exceptions in educational process.In the development of the research used an analytical method of scientific research, as well as a method of interpreting grammatical, teleological and historical legal norms. For the conclusions used inductive and deductive method of scientific research.

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An Introduction to the Management and Protection of Intellectual Property Rights

Emergent Strategies for E-Business Processes, Services and Implications - Advances in E-Business Research ◽

10.4018/978-1-60566-154-4.ch015 ◽

2011 ◽

pp. 223-248

Author(s):

Bill Vassiliadis

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Intellectual Property Rights ◽

Digital Rights Management ◽

Real Life ◽

Web Engineering ◽

Protecting Intellectual Property ◽

Self Protection ◽

Business Requirements

Copyright protection is becoming an important issue for organizations that create, use, and distribute digital content through e-commerce channels. As online corruption increases, new technical and business requirements are posed for protecting Intellectual Property Rights, such as watermarking, use of metadata, self-protection, and self-authentication. This chapter gives a review of the most important of these methods and analyses of their potential use in Digital Rights Management systems. We focus especially on watermarking, and argue that it has a true potential in e-business because it is possible to embed and detect multiple watermarks to a single digital artifact without decreasing its quality. In conjunction with parallel linking of content to metadata there is true potential for real life copyright-protection systems. Furthermore we attack the problem of DRM systems’ interoperability with Distributed License Catalogues (DLCs). The DLC concept, borrowed from Web engineering, makes available (‘advertises’) content or services concerning DRM functionalities, enabling multiparty DRM eco-systems.

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Features of the legislation of the Republic of Azerbaijan in the sphere of copyright protection

Law Review of Kyiv University of Law ◽

10.36695/2219-5521.1.2020.49 ◽

2020 ◽

pp. 243-249

Author(s):

Azer Tofig Safarov

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Intellectual Property Rights ◽

Point Of View ◽

Creative Activity ◽

Moral Damage ◽

The Republic ◽

Judicial Procedure ◽

Judicial Protection

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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Konsep Masa Berlaku Perlindungan Hak Cipta Perspektif Hukum Islam

Ascarya: Journal of Islamic Science, Culture, and Social Studies ◽

10.53754/iscs.v1i2.278 ◽

2021 ◽

Vol 1 (2) ◽

pp. 284-293

Author(s):

Achmad Baihaqi ◽

Said Abadi

Keyword(s):

Intellectual Property ◽

Qualitative Study ◽

Property Rights ◽

Intellectual Property Rights ◽

Islamic Law ◽

Moral Rights ◽

Comparative Approach ◽

Economic Rights ◽

Library Research

The issue of Intellectual Property Rights has not been discussed or even described by classical fiqh scholars in-depth and thoroughly. One aspect that has not been studied is the issue of the period of copyright protection. The assumption is that if copyright protection is not limited in time, it will lead to a monopoly of creation by a few people. Therefore, the purpose of this study is to clearly describe and compare the terms of copyright protection in the Copyright Act and Islamic Law using the Maqashid Syariah perspective. The method used is a qualitative study (library research) with a comparative approach. The results of the study indicate that the period of copyright protection according to Islamic law, for the type of moral rights is valid forever, while for the type of economic rights it applies trade (willingness of the heart) with the provision that the shorter (reasonably) is, the better as long as it does not harm the creator. In addition, the State can determine the period of copyright protection through its regulations according to the country's ability.

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Someone’s treasure: a legacy for all?

Unlocking Sound and Image Heritage: Selected Readings from the 2015 SOIMA Conference ◽

10.18146/soima2015.1.03 ◽

2017 ◽

Author(s):

Samuel Franco Arce

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Cultural Heritage ◽

Intellectual Property Rights ◽

User Needs ◽

Private Collection ◽

The Future ◽

Digital Material ◽

Physical Objects

The Casa K’ojom in La Antigua Guatemala, Guatemala, houses a unique collection of physical objects and audiovisual materials devoted to Mayan cultural heritage, both tangible and intangible. What began as a private collection has evolved into a museum where thousands of visitors have learned about Mayan culture and music. This paper highlights the development and care of the collections from the perspective of the Casa K’ojom’s founder and current director, Samuel Franco Arce. It reviews the steps he is taking to preserve the collection’s analogue and digital material for the future, all the while not neglecting important non-digital artefacts. It also proposes future solutions to issues within an archive that has to address constantly changing technologies, user needs, audiovisual formats and intellectual property rights laws.

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