scholarly journals Promoting Traditional Cultural Expressions via YouTube

2019 ◽  
Vol 19 (1) ◽  
pp. 19
Author(s):  
Laina Rafianti ◽  
Ahmad M. Ramli ◽  
Rika Ratna Permata
Keyword(s):  
Intellectual Property ◽  
Economic Benefit ◽  
Research Approach ◽  
Property Law ◽  
Legal Research ◽  
Question Mark ◽  
Intellectual Property Law ◽  
Cultural Expressions ◽  
Traditional Cultural Expressions

YouTube is a potential media to promote Indonesian traditional cultural expressions in Indonesia. Even though the promotion of traditional cultural expressions is growing fast, the communal intellectual property law is still a big question mark. The purposes of this paper are, first, to identify how YouTube impact on utilizing Indonesian culture, to analyze how to gain economic benefit from broadcasting through YouTube, and to note how to balance rights and obligations between traditional cultural expressions stakeholders. From a methodological standpoint, this paper used both a normative and ethnography-legal research approach. This paper result is, first, YouTube gives influence directly and indirectly to the promotion of traditional cultural expressions; and second, custodian and performers of traditional cultural expressions potentially receive the economic benefit from broadcasting through YouTube. Ultimately, petahelix approach is required in obtaining a balance right and obligation between traditional cultural stakeholders.Keywords: YouTube, Traditional Cultural Expressions, Intellectual Property, Copyright

scholarly journals Traditional Cultural Expressions and International Intellectual Property Law

2019 ◽  
Vol 47 (1) ◽  
pp. 6-12
Author(s):  
Lily Martinet
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Property Law ◽  
Intellectual Property Law ◽  
Doctoral Research ◽  
Essential Questions ◽  
Cultural Expressions ◽  
Definition Of ◽  
Traditional Cultural Expressions

This presentation draws on my doctoral research, which was conducted on traditional cultural expressions in international law. This subject still fills me with passion even after having spent many years studying it. To sum up my Ph.D. thesis in a sentence, I studied how international law embraces traditional dances, songs, handicrafts, designs, and rituals. Very diverse fields of laws were relevant for this research, but in the framework of this presentation, the focus was kept on intellectual property. The goal of this presentation was to provide answers to two essential questions. The first question relates to the definition of traditional cultural expressions (I), the second one concerned the reasons underpinning the introduction of this concept in international law (II).

Beyond Unbridled Optimism and Fear: Indigenous Peoples, Intellectual Property, Human Rights and the Globalisation of Traditional Knowledge and Expressions of Folklore: Part I

2013 ◽  
Vol 15 (3) ◽  
pp. 319-339 ◽  
Author(s):  
Caroline Joan S. Picart ◽  
Caroline Joan S. Picart ◽  
Marlowe Fox
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Property Rights ◽  
Traditional Knowledge ◽  
Intellectual Property Rights ◽  
Indigenous Peoples ◽  
Property Law ◽  
Cultural Expression ◽  
Intellectual Property Law ◽  
Traditional Cultural Expressions

Abstract This article is the first part of a two-part piece, which considers the intellectual property rights of indigenous peoples. After establishing pragmatic working definitions of who “indigenous peoples” are and what folklore (or “traditional cultural expression”) is, as compared with, but dialectically related to, “traditional knowledge,” this article does the following: 1) explains why western assumptions built into intellectual property law make this area of law a problematic tool for protecting traditional knowledge (TK) and expressions of folklore (EoF) or traditional cultural expressions (TCE) of indigenous peoples; and 2) creates a general sketch of human rights related legal instruments that could be and have been harnessed, with varying degrees of success, in the protection of the intellectual property of indigenous peoples.

scholarly journals HARMONIZING CULTURAL DIPLOMACY AND COMMERCIALIZATION OF TRADITIONAL CULTURAL EXPRESSIONS: CASE STUDY ON I LA GALIGO THEATRICAL PERFORMANCE

2020 ◽  
Vol 8 (4) ◽  
pp. 1180-1189
Author(s):  
Laina Rafianti ◽  
Ahmad M. Ramli
Keyword(s):  
Data Collection ◽  
Cultural Values ◽  
Cultural Diplomacy ◽  
Copyright Law ◽  
Research Approach ◽  
Legal Research ◽  
Theatrical Performance ◽  
Cultural Expressions ◽  
Traditional Cultural Expressions

Purpose: Indonesia is protecting Traditional Cultural Expressions (TCEs) by communal Copyright Law. In the case of I La Galigo, performers used one of Bugis's ancient literary works on theatre. Bugis people believe that there was a misappropriation of Bugis culture. This paper evaluates how cultural diplomacy gives benefit to the Bugis people and how to do Copyright law support I La Galigo theatrical performers. Methodology: From a methodological standpoint, this paper used both a normative and ethnography-legal research approach in data collection. Main Findings: Any society in Indonesia including the Bugis people has the freedom to preserve and develop their cultural values. Implications/Applications: The importance of harmonizing implementing legislation in protecting performers of traditional cultural expressions is very much needed. TCEs inscription as defending protection, its dissemination including cultural diplomacy, and its utilization become three chains supporting each other for the treatment of TCEs in the future. Novelty/Originality of this study: The research of I La Galigo theatrical performance in legal particularly traditional cultural expressions perspective has never been done by other researchers.

scholarly journals Legal Protection of Government Agency Logo: Intellectual Property Law Versus State Financial Law

2020 ◽  
Vol 12 (1) ◽  
pp. 87
Author(s):  
Mustofa Kamal ◽  
Efridani Lubis
Keyword(s):  
Intellectual Property ◽  
Intangible Assets ◽  
Legal Protection ◽  
Government Agency ◽  
Government Agencies ◽  
Research Approach ◽  
Property Law ◽  
Intellectual Property Law ◽  
Trademark Registration ◽  
The Government

This study aims to determine the legal protection of the government agency logo according to intellectual property law according to state financial law and to find out the harmonization strategy of legal protection of government agency logos between according to intellectual property law and according to state financial law. Qualitative research is carried out using the applied law research approach. The results showed that the logo of government agencies is the result of intellectual property that can become a trademark or copyright. Repressive intellectual property legal protection can be done if preventive legal protection has been done through trademark registration or copyright. While legal protection for state finances can be done if the logos of government agencies become part of intangible assets. Government agencies are required to safeguard intangible assets through administrative safeguards, in the form of bookkeeping in financial statements, and legal safeguards, in the form of registering and storing proof of trademark certificates or copyrights. If these two safeguards are carried out, harmonization between legal protection according to state financial law and intellectual property law has taken place. Preventive and repressive protection of agency logos as intangible assets can be optimized. Keywords: agency logos, intangible assets, legal 

Part II Substantive Aspects, Ch.20 Cultural Heritage and Intellectual Property

2020 ◽  
Author(s):  
Burri Mira
Keyword(s):  
Intellectual Property ◽  
Cultural Heritage ◽  
Traditional Knowledge ◽  
Copyright Protection ◽  
Property Law ◽  
Legal Regime ◽  
Intellectual Property Law ◽  
The Creation ◽  
Traditional Cultural Expressions ◽  
The Relationship

This chapter examines the protection of both cultural heritage and intellectual property. The relationship between cultural heritage and intellectual property evolves in a profoundly complex setting—with many institutions and actors involved, often with very different or even divergent interests, and within a fragmented legal regime. Although intellectual property law has developed sophisticated rules with regard to a variety of intellectual property forms, it is based on certain author-centred and mercantilist premises that do not work so well with the protection of traditional knowledge (TK) and traditional cultural expressions (TCE). Nevertheless, in the fields of patent, trademark, and copyright protection, there are tools that may provide some, albeit imperfect, protection of TK and TCE. The chapter maps the mismatches and the gaps and asks whether these can be addressed in some viable way—be it through adjusting the existing rules or through the creation of new tailored models of protection.

scholarly journals PROTECTION OF MELINTING DANCE AS HERITAGE CULTURE FROM LAMPUNG SOCIETY CUSTOM IN THE PERSPECTIVE OF INTELLECTUAL PROPERTY LAW SYSTEM

2020 ◽  
Vol 1 (1) ◽  
pp. 23 ◽  
Author(s):  
Reza Aditya Ramadhan
Keyword(s):  
Intellectual Property ◽  
Provincial Government ◽  
Property Law ◽  
Traditional Dance ◽  
Cultural Expressions ◽  
The Republic ◽  
The Government ◽  
Protecting Intellectual Property ◽  
Traditional Cultural Expressions

The existence of Melinting Dance as a traditional dance from East Lampung Regency does not get maximum protection against local communal intellectual property. The problem in this article is What is the protection of intellectual property law against Traditional Cultural Expressions? What is the role of the Lampung provincial government in protecting intellectual property against the communal rights of the traditional dance of Lampung Province? This research is intended to find a model of protection for the Melinting Dance. This research uses a Normative and Empirical Juridical approach.The research results found that the Protection of Intellectual Property Laws against Traditional Cultural Expressions is carried out by the government by making regulations Law No. 28 of 2014 concerning Copyright. To protect the masterpiece of Indonesian indigenous peoples, the Ministry of Education and Culture of the Republic of Indonesia has designated the Indonesian Intangible Cultural Heritage. The role of the Lampung Province government in protecting intellectual property against the communal rights of the traditional dance of Lampung Province consists of a normative role, namely by making regulations concerning the Protection of the Lampung People Intellectual. The ideal role of the Lampung Province government is by subjects and extracurricular in the school program, so children today do not forget the inheritance of their ancestors' culture. The factual role that is as an effort to protect and preserve the Melinting dance is done by holding activities such as the Traditional Festival, in various activities to be known by the public and also to show the existence of the Melinting Dance is maintained.As for the suggestions that can be conveyed in this study, the government and the House of Representatives of the Republic of Indonesia as the executive and legislative branch should immediately pass the Law on the Protection and Utilization of Intellectual Property Rights of Traditional Knowledge and Traditional Cultural Expressions. The Lampung Provincial Government should immediately realize the regional regulations governing art as a relic of the people of Lampung.

scholarly journals Perlindungan Hukum Kekayaan Intelektual Kerajinan Kuningan Tumang

2018 ◽  
Vol 20 (3) ◽  
pp. 401-419 ◽  
Author(s):  
Muhammad Fahmi Rois ◽  
Kholis Roisah
Keyword(s):  
Social Context ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
Property Law ◽  
Legal Research ◽  
Intellectual Property Law ◽  
Empowerment Model ◽  
The Law

Tujuan penelitian ini adalah menjawab perlindungan hukum kerajinan tembaga dan kuningan tumang bernilai seni melalui hak kekayaan intelektual. Penggunaan HKI dalam perberdayaan pengrajin tumang penting untuk meningkatkan daya saing dan mendorong kreativitas. Metode penelitian yang dipakai adalah sosiolegal yaitu dengan melihat hukum dalam konteks sosialnya. HKI penting bagi ekonomi kreatif untuk menghindari pencurian ide dan hak cipta. Namun pengrajin tumang belum peduli dengan HKI kerajinannya. HKI dapat digunakan untuk meningkatkan daya saing dan meningkatkan kreativitas; terdapat beberapa faktor yang menghambat perlindungan HKI kerajinan Tumang. Model pemberdayaan yang efektif adalah dengan melibatkan pemerintah dan koperasi dalam pemberdayaan. Intellectual Property Law Protection on Brass Tumang Crafts This study aims to answer the legal protection of valuable copper and brass Tumang crafts through intellectual property rights. The use of intellectual property rights in empowering Tumang craftsmen is important to increase competitiveness and encourage creativity. This is socio legal research by looking at the law in its social context. Intellectual property rights is important for the economy creative and to avoid theft of ideas and copyrights. However, Tumang craftsmen have not cared about intellectual property rights of their crafts. Intellectual property rights can be used to enhance competitiveness and creativity; there are several factors that hinder the protection of intellectual property rights of Tumang crafts. An effective empowerment model is the involvement of government and cooperatives institution.

scholarly journals mplementasi Perlindungan Hukum Hak Kekayaan Intelektual (HKI) Terhadap Ekspresi Budaya Tradisional (EBT) Di Tinjau Dari UU Nomor 28 Tahun 2014 Tentang Hak Cipta

2021 ◽  
Vol 2 (1) ◽  
pp. 36-47
Author(s):  
Putu Nendrawan ◽  
Gede Rastika
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Empirical Method ◽  
Research Approach ◽  
Cultural Expression ◽  
Approach Method ◽  
Cultural Expressions ◽  
Traditional Cultural Expressions ◽  
Ipr Protection

The purpose of this research is to find out how the current intellectual property rights (IPR) protection which regulates Traditional Cultural Expression (EBT). The research approach method used in this study is a juridical empirical method with descriptive analytical specifications. The results of the study found that Traditional Cultural Expressions (EBT) need protection of Intellectual Property Rights (HKI). The government's efforts to protect Traditional Cultural Expressions (EBT) can be carried out by implementing appropriate and proper protection regulations for Traditional Cultural Expressions. The importance of implementing proper and good regulations with the aim of protecting in the future Traditional Cultural Expressions do not experience extinction at both the regional and national levels.

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