scholarly journals Authors, Inventors and Entrepreneurs: Intellectual Property and Actors of Extraction

2018 ◽  
Vol 2 (1) ◽  
pp. 319-329 ◽  
Author(s):  
Martin Fredriksson
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Michel Foucault ◽  
Copyright Law ◽  
Roland Barthes ◽  
Cultural Economy ◽  
Cultural Expressions ◽  
Artistic Works ◽  
And Function

AbstractThe ideas and ideals of authorship and the discourse on property rights that emerged in parallel since the 18thcentury have come to form the bedrock of copyright law. Critical copyright scholars argue that this construction of authorship and ownership contributes to individualisation and privatisation of artistic works that disregards the collective aspects of creativity. It also embodies a certain kind of authorial character-or “author function” as Michel Foucault puts it-imbued with racial and gendered powers and privileges. While the gendered and racialised biases of intellectual property rights are well documented within copyright research, the commodification of ideas and cultural expressions relies on individualisation of creativity that is significant not only to the cultural economy but also to the 20th-century notion of the entrepreneur as the protagonist of capitalism. This article relates the idea of the entrepreneur to the deconstruction of authorship that was initiated by Foucault and Roland Barthes in the late 1960s, and the critique of an author-centred IPR regime developed by law scholars in the 1990s. It asks if and how the deconstruction of the author as a cultural and ideological persona that underpins the privatisation of immaterial resources can help us understand the construction and function of the entrepreneur in extractive capitalism.

International Protection of Intellectual Property Rights: Special Refrence with Intangible Properties and Copyright Laws.

LAW REVIEW ◽  
2018 ◽  
Vol 38 (1) ◽  
Author(s):  
Rohit P Singh ◽  
Shiv Kumar Tripathi
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Public Interest ◽  
Copyright Law ◽  
Patent Law ◽  
International Protection ◽  
The Public ◽  
Copyright Laws ◽  
Rapid Pace

In view of the rapid pace of technological, scientific and medical innovations in India and abroad, the intellectual property rights i.e., copyright, patent and other neighboring rights, have been recognized in Indian and foreign jurisdiction. Moreover, its scope and content have expanded pursuant to statutory amendments over the years. Growing recognisiont, expansion and protection of IPRs needs to harmonised with the public interest. Within this backdrop, copyright law, patent law etc. have made elaborate provisions and endeavours have also been made at international level to strike a balance between protection of individual’s IPRS and social interest. The present article tries to examine the contours of protection of IPRS at national and international levels with special reference to copyright law.

Electronic Art and the Law: Intellectual Property Rights in Cyberspace

Leonardo ◽  
1999 ◽  
Vol 32 (3) ◽  
pp. 191-195 ◽  
Author(s):  
Patricia Search
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Copyright Law ◽  
Court Decisions ◽  
Direct Impact ◽  
Electronic Art ◽  
Collaborative Networking ◽  
The 1960S ◽  
Definition Of

The dematerialization of art that began in the 1960s has reached new heights with the use of electronic media. We are at an important crossroads in defining intellectual property rights that will have a direct impact on the way we create and disseminate electronic art in the future. This paper examines the historical evolution of the definition of “author” in copyright law. The paper shows how current copyright legislation and recent court decisions do not address the plasticity of the medium and the new forms of authorship that are defined by the artistic use of techniques such as virtual reality, artificial intelligence, hypermedia links and collaborative networking.

scholarly journals LEGAL PROTECTION OF LURIK ART CONSERVATION THROUGH INTELLECTUAL PROPERTY RIGHTS 2 IN KLATEN REGENCYLEGAL PROTECTION OF LURIK ART CONSERVATION THROUGH INTELLECTUAL PROPERTY RIGHTS 2 IN KLATEN REGENCY

2019 ◽  
Vol 8 (2) ◽  
pp. 354
Author(s):  
Riska Andi Fitriono ◽  
Sarwono .
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
Copyright Law ◽  
Moral Rights ◽  
Art Conservation ◽  
Economic Rights ◽  
The Law ◽  
The Right

This article aimed to analyze legal protection of Lurik Art Conservation Through <br />Intellectual Property Rights in Klaten Regency. Klaten is the area that is most<br />concerned with the survival of lurik weaving. There is someone mentioned that the<br />Klaten Regency was the capital of lurik weaving. Because the weaving of Looms<br />are not machines or Alat Tenun Bukan Mesin (hereinafter abbreviated to ATBM) <br />is a mainstay of this city. There are countless villages that become centers of lurik <br />craftsmen. This research is empirical or non-doctrinal research, which is a study<br />that sees the law not only from the perspective of legislation, but also sees the law<br />in its implementation. The results of the study show that the first legal protection in<br />preserving the current lurik art in Klaten, namely the Klaten Regency Government,<br />then stipulates the Regent's Regulation Number 53 of 2010 Article 23 Paragraph (9)<br />on the Daily Batik and Traditional Weaving Lurik Service or ATBM Striated and<br />the Klaten Regent's Decree Number : 065/1014/06 December 30, 2010 on Wearing<br />Traditional Weaving, Motives, Colors and Free Models with Attributes. Furthermore,<br />based on the Decree of the Regent of Klaten Number 050/84 of 2016 on Klaten<br />Regency's Superior Products, batik striated is one of the superior products of Klaten<br />Regency. With the issuance of these rules as an effort to protect and preserve lurik<br />art in Klaten district and referring to Law Number 28 of 2014 on Copyright, it has<br />regulated the forms of protection of lurik art in Klaten through Article 40 paragraph<br />(1). The Second Protection of Intellectual Property Rights Against Lurik Art, namely<br />Protection of lurik artworks, besides being accommodated in Law Number 28 of 2014<br />on Copyright (Copyright Law) and Trademark Law and other intellectual property<br />right laws. Elucidation of Article 40 paragraph (1) letter j of the Copyright Law. The<br />work is protected because it has artistic value, both in relation to the picture, style,<br />and color composition. The Copyright Act also emphasizes that it is important to<br />protect Copyright because every creator, in this case, the creator of the lurik motif<br />has the right to moral rights and economic rights.

scholarly journals Join the Club: The Implications of the Anti-Counterfeiting Trade Agreement's Enforcement Measures for Canadian Copyright Law

2012 ◽  
Vol 49 (3) ◽  
pp. 677 ◽  
Author(s):  
Elizabeth F. Judge ◽  
Saleh Al-Sharieh
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Trade Agreement ◽  
Copyright Law ◽  
Final Outcome ◽  
International Agreement ◽  
Digital Copyright ◽  
The Impact ◽  
Final Text

The Anti-Counterfeiting Trade Agreement (ACTA) is the most recent international agreement by which Canada and other countries have sought to strengthen the protection and enforcement of intellectual property rights. While it was originally feared that ACTA would impose obligations that are in tension with the principles of Canadian copyright law, the final outcome of the ACTA negotiations moderated or removed many of the most controversial provisions in the agreement and thus has alleviated many of the concerns about the impact of ACTA on Canadian copyright law. Canada has taken the first steps toward satisfying ACTA’s copyright obligations with Bill C-11, the Copyright Modernization Act, which addresses some of the agreement’s digital copyright measures. Some legislative change still remains before Canada will have fully met ACTA’s copyright obligations, in particular to enhance the powers of customs and border authorities to enforce intellectual property rights. This article discusses ACTA’s evolution, negotiations, final text, and the extent of its rightsholder orientation. It then details the differences between ACTA’s provisions and the current Canadian Copyright Act, as amended by the Copyright Modernization Act, identifies which obligations in ACTA require further amendment, and suggests how these obligations may best be implemented to reflect important values and principles underlying Canadian copyright law.

scholarly journals Copyright Protection towards the Society 5.0

2021 ◽  
Vol 56 (2) ◽  
pp. 394-404
Author(s):  
Anis Mashdurohatun ◽  
Adhi Budi Susilo ◽  
Bambang Tri Bawono
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Social Life ◽  
Industrial Revolution ◽  
Legal Protection ◽  
Copyright Law ◽  
Moral Rights ◽  
Protection Measures ◽  
Study Results

Technology business competition leads to the order of social life to solve challenges through a combination of innovations from various elements found in the industrial revolution 4.0 towards Society 5.0. One form of Intellectual Property Rights is Copyright, which has the widest scope of protected objects since it includes science, art, literature, and computer programs where artificial intelligence will transform millions of data collected via the internet into increasingly complex wisdom to consider a technology that can bring benefits but is also a "threat and challenge" towards the gate of Society 5.0. This research aims to determine the protection of copyright law towards the gate of society 5.0. The research method used is normative juridical. Literary law research is legal research conducted by examining library materials or secondary data based on the principles, theories, doctrines, prevailing laws, and regulations. The study results found that the Copyright Law has not accommodated Society 5.0, especially economic rights for its creators. Article 6 is only to protect moral rights through Copyright management information and electronic information on Copyright. There is a need for the state's role, which functions as a regulator, provider, and counterweight, to adjust the rules to follow technological developments towards the gate of society 5.0, which does not mean changing all current legal products but is adaptive to existing legal instruments as legal protection measures to face a new chapter of intellectual property rights.

scholarly journals UPAYA-UPAYA PENINGKATAN PEMAHAMAN DAN KESADARAN PENCIPTA KARYA SENI TRADISIONAL TERHADAP HAK CIPTANYA

Solusi ◽  
2019 ◽  
Vol 17 (1) ◽  
pp. 32-41
Author(s):  
Nina Yolanda
Keyword(s):  
Law Enforcement ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Education And Training ◽  
Copyright Law ◽  
Research Results ◽  
Traditional Art ◽  
Art Works ◽  
And Training

The research objective is to describe and analyze efforts to increase the understanding and awareness of the creators of traditional art works on their copyright. Writing method uses normative juridical method. Research results: efforts to increase understanding and awareness of creators of their copyright are carried out through efforts to promote intellectual property rights such as counseling, discussions, seminars, workshops, symposiums, intellectual property education and training and institutionally established a Copyright Council. In the end, it was suggested that arrangements regarding copyright law protection, especially the copyright of traditional artworks, need to be accompanied by consistent law enforcement and efforts to increase understanding and awareness of creators of their copyright needs to be intensified both in terms of quality and quantity

PERLINDUNGAN HUKUM TERHADAP PENGETAHUAN TRADISIONAL (TRADITIONAL KNOWLEDGE) SEBAGAI BENTUK PERLINDUNGAN TERHADAP KEKAYAAN TRADISIONAL

DeKaVe ◽  
2013 ◽  
Vol 1 (2) ◽  
Author(s):  
Novi Mayasari
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Traditional Knowledge ◽  
Intellectual Property Rights ◽  
Traditional Culture ◽  
Copyright Law ◽  
Patent Law ◽  
Cultural Community ◽  
The Government

As a great nation, our nation is rich in tradition and culture of high value in terms of both moral and financial. Tradition and traditional culture is then known as the traditional knowledge or traditional knowledge. Unfortunately the wealth of knowledge traditional Indonesian nation has not protected to the maximum so often occurs utilization of traditional cultural community by other nations, like motif Jepara carving by Harrison, biodiversity by Japan, traditional culture by Malaysia, and others. Therefore the government must began taking steps to protect the nation traditional property Indonesia is good through the Copyright Law, Trademark, Patent Law and Intellectual Property Rights other.Keyword : Traditional Knowledge, Intellectual Property

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