USE OF COPYRIGHT PROTECTED WORKS IN THE EDUCATIONAL PROCESS

2019 ◽  
Vol 1 ◽  
pp. 607
Author(s):  
Liene Vindele ◽  
Renāte Cāne
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Copyright Protection ◽  
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. 

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.

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

2019 ◽  
Vol 22 (01) ◽  
pp. 37-54
Author(s):  
Elly Hernawati
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Copyright Protection ◽  
Copyright Holder ◽  
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.

Intellectual Property Rights and Biodiversity Management: The Case of India

2004 ◽  
Vol 4 (1) ◽  
pp. 97-114 ◽  
Author(s):  
Philippe Cullet ◽  
Jawahar Raja
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Framework ◽  
International Treaties ◽  
Human Right ◽  
Individual Level ◽  
Biological Resources ◽  
The Individual ◽  
Biodiversity Convention

This article analyzes the impacts of the international legal framework for the promotion of intellectual property rights on India's legal regime concerning the control over biological resources and inventions derived from biological resources. It focuses in particular on the newly adopted Biodiversity Act and Plant Variety Act as well as on amendments to the Patents Act and their organic relationship within the overall domestic legal framework. It analyzes these enactments in the context of the move towards the control of biological resources and derived products through property rights fostered by existing international treaties, in particular the TRIPS agreement and the biodiversity convention. This has impacts not only for control over biological resources and derived products but also more generally on the management of agriculture in India and other developing countries and the realization of food security and the human right to food at the individual level.

scholarly journals Shariah Attitude Towards Genetically Modified Foods: Aqli and Naqli Analysis

2019 ◽  
Vol 17 (july 2019) ◽  
pp. 14-28
Author(s):  
Yasmin Hanani Mohd Safian
Keyword(s):  
Public Health ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Genetically Modified ◽  
Scientific Research ◽  
Western World ◽  
Natural Processes ◽  
Gm Food ◽  
The World

Genetically modified (GM) food issue has sparked the debate, particularly in the Western world, on its detrimental effects to public health and the environment. Among the GM food producers and companies, the claim for intellectual property rights arise for food products and seeds for the technology they are licensing to farmers. For some Muslims and other God-conscious people, tampering with nature by implanting genes from one organism into another which nature has not sanctioned through natural processes and such legal claims is considered to be intolerable. The ‘terminator gene’ introduced by the companies are likely to lead to monopoly and encroachment of the world agro-economics, predominantly held in the hands of conglomerates. This study examines the Shariah attitudes towards GM food using aqli and naqli approach analysis. The aqli approach used in this paper includes analysis of modern scientific research to determine the benefits and harms of GM food. The naqli approach includes examination of related legal evidences from Quran, Hadith and scholars’ view. At the same time, the relevant Shariah principles are discussed to determine the validity of GM food.

scholarly journals Trade in counterfeit goods in Serbia: Methodological approach and quantification

Industrija ◽  
2021 ◽  
Vol 49 (1) ◽  
pp. 7-23
Author(s):  
Branko Radulović ◽  
Miljan Savić
Keyword(s):  
At Risk ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Methodological Approach ◽  
Legal Framework ◽  
Negative Effects ◽  
Counterfeit Goods ◽  
Product Categories ◽  
Counterfeit Products

The paper represents the first step in quantifying the categories of goods with the highest risk of being counterfeit during import into Serbia. Firstly, we present a methodology for quantifying the level of counterfeiting, its advantages, and its limitations. Secondly, we determine the product categories most likely to contain counterfeit products. Likewise, by using the OECD methodology, the GTRIC-p indicator for Serbia was formed, enabling comparison with OECD member countries. Based on the results, Serbia does not significantly differ from EU countries in terms of structure and product categories most at risk. The negative effects of imports of counterfeit products are borne mainly by the foreign intellectual property rights holders whose counterfeit products are imported into Serbia. In this context, despite the legal framework in place, incentives for its proper implementation are questionable.

An Introduction to the Management and Protection of Intellectual Property Rights

2011 ◽  
pp. 223-248
Author(s):  
Bill Vassiliadis
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Copyright Protection ◽  
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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