scholarly journals IMPLIKASI DOKTRIN “FAIR USE” TERHADAP PENGEMBANGAN ILMU PENGETAHUAN OLEH AKADEMISI (DOSEN) ATAU PENELITI DALAM PERSPEKTIF HUKUM HAK CIPTA

2018 ◽  
Vol 4 (2) ◽  
pp. 493-514
Author(s):  
Sudjana Sudjana
Keyword(s):  
Scientific Progress ◽  
Legal Discourse ◽  
Scientific Work ◽  
Copyright Law ◽  
Fair Use ◽  
Copyright Holder ◽  
Legal Practice ◽  
Normative Approach ◽  
Prior Consent

In this article the author discusses the fair use (Art. 43-49 Law 28/2014 re. copyright) in relation scientific work performed by lecturers and researchers.  This legal discourse in the field of copyright law will be performed using a juridical normative approach. One important finding is that the fair use doctrine allows lecturers and researchers to utilize copyright protected work from others – in the name of scientific progress or educational purposes – without having to obtain prior consent or license. Nonetheless, user of copyright protected works must pay attention to reasonable interest of copyright holder, the meaning of which is left to legal practice.

scholarly journals COMPARATIVE STUDY OF IMPLICATION FOR IMPLEMENTING COPYRIGHT LAW AND BOOK LAW IN THE LIBRARY COLLECTION SERVICE

2019 ◽  
Vol 8 (2) ◽  
pp. 234
Author(s):  
Mohamad Pandu Ristiyono ◽  
Ratna Nurhayati
Keyword(s):  
Comparative Study ◽  
Research Method ◽  
Social Function ◽  
Copyright Law ◽  
Fair Use ◽  
Copyright Holder ◽  
Fair Dealing ◽  
Library Collection ◽  
The Social ◽  
The Law

This article examines the implication of Copyright Law and Book Law implementation <br />of the service in the library. The research method used is normative juridical legal. The<br />correlation between the Book Law, Law on Handover of Print and Recorded Works<br />and the Library Law, both are lex specialist derogate generalist of the Copyright<br />Law or not, according to the author is the adoption or depiction of the fair use and<br />fair dealing doctrine as which is the social function of copyright. The Copyright<br />Law provides protection for Author and Copyright Holder with exclusive rights to<br />be exploited. Related to the Law on Handover of Print and Record Works which<br />gives the obligation of the Author or Copyright Holder to deposit their work for the<br />purpose of preservation and other social purposes to the library which is regulated<br />in the Library Law

Redesigning Indonesia Copyright Act to Accommodate Autonomous Intelligent System: Status Quo and Room for Improvement

2018 ◽  
Vol 9 (3) ◽  
Author(s):  
Laurensia Andrini
Keyword(s):  
Intelligent System ◽  
Legal Framework ◽  
Copyright Law ◽  
Status Quo ◽  
Moral Rights ◽  
Copyright Holder ◽  
Literature Study ◽  
Economic Rights ◽  
Normative Approach ◽  
Duration Of Protection

Abstract It is an undeniable fact that artificial intelligence has been developed up until the point that it requires a very minimum human involvement. In other words, the current development has brought an Autonomous Intelligent System (AIS) into reality. On one hand, an AIS plays a significant role in creating easier life for human being. On the other hand, however, AIS’ existence creates too much challenge for the current legal framework. In the realm of Copyright law, the very fundamental question is based on the fact that AIS can create copyrightable works on its own. It can create songs, music, paintings, or even a cook-book. In such kind of circumstances, scholars have a thought-provoking debate on whether or not AIS shall be given Copyright. It is the purpose of my research to take a look into Indonesia’s current Copyright Act to analyse (i) to what extent Indonesia’s Copyright Act can be utilised to accommodate AIS and (ii) the aspects of Copyright Act need to be improved in order to accommodate AIS in the Indonesia’s Copyright Act. In order to address the research objectives, I use normative approach by way of literature study. The temporary data gathered from my literature study is then analysed qualitatively in order to reach desirable conclusion. This study finds that (i) there is a very minimum provision with regard to AIS in the Indonesia’s Copyright Act. There have been stipulations to determine who shall be entitled to hold copyright upon a creation. However, there has not been any stipulations allowing the possibility for AIS to be regarded as copyright holder; and therefore (ii) the re-design of Indonesia’s Copyright Act need to accommodate the issues of (a) copyrightability of AIS’ work, (b) the moral rights and economic rights given to AIS, as well as (c) the duration of protection if AIS is to be regarded as a copyright holder.

Digital Repatriation

2018 ◽  
pp. 530-552
Author(s):  
Alex Perullo
Keyword(s):  
Country Of Origin ◽  
Indigenous Communities ◽  
Copyright Law ◽  
Fair Use ◽  
Digital Collections ◽  
Limited Access ◽  
Local Space ◽  
The Creation

This essay makes two points about digital collections. The first recognizes problems that emerge as archives present indigenous content online. In uploading indigenous songs, speeches, and documents, an archive allows that material to move from a local space with limited access to an international repository with many points of access. This chapter examines conflicts that can occur with this action, including those involving copyright law, fair use, and ethics. A second point of this chapter revolves around technology and repatriation. If repatriation means the return of material to a country of origin, then online archives never fully commit to this task. The material typically remains preserved on servers and in its original forms away from indigenous communities. Despite these ethical, legal, and technological concerns, archives should encourage the creation of digital collections as part of repatriation given the desire by many indigenous communities to preserve and promote their traditions.

scholarly journals How to write an article: Preparing a publishable manuscript!

CytoJournal ◽  
2012 ◽  
Vol 9 ◽  
pp. 1 ◽  
Author(s):  
Vinod B. Shidham ◽  
Martha B. Pitman ◽  
Richard M. DeMay
Keyword(s):  
Open Access ◽  
Scientific Progress ◽  
Scientific Work ◽  
International Committee ◽  
Open Platform ◽  
Track Record ◽  
Do It Yourself ◽  
Personal Success ◽  
Modern Era ◽  
Open Access Article

Most of the scientific work presented as abstracts (platforms and posters) at various conferences have the potential to be published as articles in peer-reviewed journals. This DIY (Do It Yourself) article on how to achieve that goal is an extension of the symposium presented at the 36th European Congress of Cytology, Istanbul, Turkey (presentation available on net at http://alturl.com/q6bfp). The criteria for manuscript authorship should be based on the ICMJE (International Committee of Medical Journal Editors) Uniform Requirements for Manuscripts. The next step is to choose the appropriate journal to submit the manuscript and review the ‘Instructions to the authors’ for that journal. Although initially it may appear to be an insurmountable task, diligent organizational discipline with a little patience and perseverance with input from mentors should lead to the preparation of a nearly perfect publishable manuscript even by a novice. Ultimately, the published article is an excellent track record of academic productivity with contribution to the general public good by encouraging the exchange of experience and innovation. It is a highly rewarding conduit to the personal success and growth leading to the collective achievement of continued scientific progress. Recent emergences of journals and publishers offering the platform and opportunity to publish under an open access charter provides the opportunity for authors to protect their copyright from being lost to conventional publishers. Publishing your work on this open platform is the most rewarding mission and is the recommended option in the current modern era. [This open access article can be linked (copy-paste link from HTML version of this article) or reproduced FREELY if original reference details are prominently identifiable].

Fair Use of Existing Books

2020 ◽  
pp. 111-124
Author(s):  
Lea Shaver
Keyword(s):  
Low Income ◽  
Copyright Law ◽  
Fair Use ◽  
Hypothetical Situation ◽  
Popular Belief ◽  
Non Profit ◽  
Address Book ◽  
Famous Book ◽  
Low Income Families ◽  
Broad Interpretation

This chapter analyzes the nuances of the copyright law book, such as translating a book into another language for academic use, adapting a famous book to make it more multicultural, or cheaply photocopying a book to give away to low-income families. Copyright exceptions are sometimes quite specific and clearly defined, while others are open-ended and subject to broad interpretation. It talks about the doctrine of “fair use” in America. Contrary to popular belief, the fact that something is widely done is no assurance that it is legally recognized as fair use. The chapter also provides a hypothetical situation in order to illustrate how the fair use doctrine might apply to a potential non-profit publishing project to address book hunger.

scholarly journals A Pattern-Oriented Approach to Fair Use

2017 ◽  
Author(s):  
Michael J Madison
Keyword(s):  
Social Practices ◽  
Copyright Law ◽  
Fair Use ◽  
Social Implications ◽  
Social Scientists ◽  
The Social ◽  
Case Application ◽  
Use Factors ◽  
Oriented Approach

More than 150 years into development of the doctrine of "fair use" in American copyright law, there is no end to legislative, judicial, and academic efforts to rationalize the doctrine. Its codification in the 1976 Copyright Act appears to have contributed to its fragmentation, rather than to its coherence. This Article suggests that fair use is neither badly conceived nor badly applied, but that it is too often badly understood. As did much of copyright law, fair use originated as a judicially-unacknowledged effort via the law to validate certain favored social practices and patterns. In the main, it has continued to be applied as such, though too often courts mask their implicit validation of these patterns in the now-conventional "case-by-case" application of the statutory fair use "factors" to the defendant's use of the copyrighted work in question. A more explicit acknowledgement of the role of these patterns in fair use analysis is consistent with fair use and copyright policy and tradition. Importantly, it helps to bridge the often-difficult conceptual gap between fair use claims asserted by individual defendants and the social implications of accepting or rejecting those claims. Finally, a pattern-oriented approach is normatively appropriate, when viewed in light of recent research by cognitive psychologists and other social scientists on patterns and creativity. In immediate terms, the approach should lead to a more consistent and predictable fair use jurisprudence. In the longer term, it should enhance the ability of copyright law to promote creative expression.

Why Lakoff still matters: Framing the debate on copyright law and digital publishing

First Monday ◽  
2009 ◽  
Author(s):  
Diane Gurman
Keyword(s):  
Open Access ◽  
Digital Publishing ◽  
Copyright Law ◽  
Fair Use ◽  
Scholarly Journals ◽  
Digital Resources ◽  
Political Issues ◽  
The Public ◽  
George Lakoff ◽  
Cognitive Scientist

In 2004, linguist and cognitive scientist George Lakoff popularized the idea of using metaphors and “frames” to promote progressive political issues. Although his theories have since been criticized, this article asserts that his framing is still relevant to the debate over copyright law as applied to digital publishing, particularly in the field of scholarly journals. Focusing on issues of copyright term extension and the public domain, open access, educational fair use, and the stewardship and preservation of digital resources, this article explores how to advocate for change more effectively — not by putting a better “spin” on proposed policies — but by using coherent narratives to frame the issues in language linked to progressive values.

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