scholarly journals Copyright law and the freedom of panorama: The right to commercialise photographs of protected works

2021 ◽  
Author(s):  
◽  
Alifia Qonita Sudharto
Keyword(s):  
The United States ◽  
Copyright Law ◽  
Moral Rights ◽  
Berne Convention ◽  
Public Places ◽  
Literary Works ◽  
Prior Consent ◽  
Derivative Work ◽  
Copyright Laws ◽  
The Right

<p>Making an unauthorised copy of a copyright-protected work is a copyright infringement, as is making an adaptation or a derivative work without gaining prior consent from the author or authors of the copyright-protected work. It was once questioned at one of the Berne Convention amendment meetings whether to take photographs of copyright-protected literary works was to make copies of them. The meeting concluded that taking photographs of literary works meant making copies of them, and, therefore, photographs should not be taken without gaining the prior consent of the author or authors. However, there was no discussion about photographs of other type of works, such as buildings and sculptures. Taking photographs of architectural and sculptural works permanently situated in public places is protected under “freedom of panorama”, a provision of copyright laws that permits the taking of photographs of those works, which is applied differently in some countries. This paper discusses copyright protection for those photographs, though there are not many cases available in this issue as the terminology of “freedom of panorama” was only recently coined. The discussion is based on the Berne Convention, and copyright law in the United States, New Zealand, and Indonesia. Freedom of panorama may seem to limit the exclusive rights for architects and sculptors to authorise any acts to be done over their works. However, photographers also have the need to be sure that their photographs are protected, including photographs that are taken under the freedom of panorama. Therefore, this paper argues that the photographers who take photographs under the freedom of panorama should be able to exercise exclusive and moral rights over their photographs. Although the three countries mentioned provide protection for the “freedom of panorama”, it is protected differently and, therefore, there is a need to include the freedom of panorama in an international copyright treaty to avoid a possible conflict of laws.</p>

scholarly journals Copyright law and the freedom of panorama: The right to commercialise photographs of protected works

2021 ◽  
Author(s):  
◽  
Alifia Qonita Sudharto
Keyword(s):  
The United States ◽  
Copyright Law ◽  
Moral Rights ◽  
Berne Convention ◽  
Public Places ◽  
Literary Works ◽  
Prior Consent ◽  
Derivative Work ◽  
Copyright Laws ◽  
The Right

<p>Making an unauthorised copy of a copyright-protected work is a copyright infringement, as is making an adaptation or a derivative work without gaining prior consent from the author or authors of the copyright-protected work. It was once questioned at one of the Berne Convention amendment meetings whether to take photographs of copyright-protected literary works was to make copies of them. The meeting concluded that taking photographs of literary works meant making copies of them, and, therefore, photographs should not be taken without gaining the prior consent of the author or authors. However, there was no discussion about photographs of other type of works, such as buildings and sculptures. Taking photographs of architectural and sculptural works permanently situated in public places is protected under “freedom of panorama”, a provision of copyright laws that permits the taking of photographs of those works, which is applied differently in some countries. This paper discusses copyright protection for those photographs, though there are not many cases available in this issue as the terminology of “freedom of panorama” was only recently coined. The discussion is based on the Berne Convention, and copyright law in the United States, New Zealand, and Indonesia. Freedom of panorama may seem to limit the exclusive rights for architects and sculptors to authorise any acts to be done over their works. However, photographers also have the need to be sure that their photographs are protected, including photographs that are taken under the freedom of panorama. Therefore, this paper argues that the photographers who take photographs under the freedom of panorama should be able to exercise exclusive and moral rights over their photographs. Although the three countries mentioned provide protection for the “freedom of panorama”, it is protected differently and, therefore, there is a need to include the freedom of panorama in an international copyright treaty to avoid a possible conflict of laws.</p>

The Parody Exception in Copyright Law

2019 ◽  
Author(s):  
Sabine Jacques
Keyword(s):  
Freedom Of Expression ◽  
The United States ◽  
Copyright Law ◽  
Fundamental Rights ◽  
Moral Rights ◽  
Artistic Expression ◽  
Economic Rights ◽  
The United Kingdom ◽  
Ultimate Objective ◽  
The Right

Parodies have been created throughout times and cultures. A glimpse at the judicial latitude generally afforded to parodies, satires, caricatures, and pastiches demonstrates the social and cultural value of this particular form of artistic expression. With the advent of technologies and the evolution of copyright legislation, creative endeavours in the form of parody were rejuvenated but became unlawful. While copyright law grants exclusive rights to right-holders, these rights are not absolute. Legislation includes specific exceptions, which preclude right-holders from exercising their prerogatives in particular cases which foster creativity and cultural diversity within that society. The parody exception pertains to this ultimate objective by permitting users to reproduce copyright-protected materials for the purpose of parody. To understand the meaning and scope of the parody exception, this book examines and compares five jurisdictions which differ in their protection of parodies: France, Australia, Canada, the United States, and the United Kingdom. It is concerned with finding an appropriate balance between the protection awarded to right-holders and the public interest. This is achieved by analysing the parody exception to the economic rights of right-holders, the preservation of moral rights, and the interaction of the parody exception with contract law. As parodies constitute an artistic expression protected under the right to freedom of expression, this book also considers the influence of freedom of expression on the interpretation of this specific copyright exception. Furthermore, this book aims at providing guidance on how to resolve disputes where fundamental rights are in conflict.

Legality of the Parody Exception in Light of International Treaties and Domestic Copyright Laws

2019 ◽  
pp. 38-69
Author(s):  
Sabine Jacques
Keyword(s):  
United States ◽  
European Union ◽  
The United States ◽  
Copyright Law ◽  
Step Test ◽  
International Treaties ◽  
The United Kingdom ◽  
Copyright Laws ◽  
The Right ◽  
Right Of Reproduction

This chapter examines the legality of the parody exception in light of international treaties and domestic copyright laws. More specifically, it considers whether the parody exception may only be introduced into national copyright law if it satisfies the three-step test enshrined in international treaties. The chapter first traces the history and evolution of copyright law before explaining whether copyright law requires a specific parody exception and why a specific parody exception rectifies the balance between right-holders, users, and subsequent authors. It then discusses the three-step test, first incorporated into the Berne Convention to protect the ‘right of reproduction’, and its adoption in European Union texts and national legislations. It also outlines the differing interpretations of the three-step test and concludes with an analysis of whether the current parody exceptions in each of the five jurisdictions (France, Australia, Canada, the United States, and the United Kingdom) comply with this test.

scholarly journals The Interface of Copyright and Human Rights: Access to Copyright Works for the Visually Impaired

2021 ◽  
Author(s):  
◽  
Lida Ayoubi
Keyword(s):  
Human Rights ◽  
Visually Impaired ◽  
Copyright Law ◽  
Blind And Visually Impaired ◽  
Copyright Laws ◽  
Limitations And Exceptions ◽  
The Right ◽  
Visually Impaired Persons ◽  
The Impact ◽  
Marrakesh Treaty

<p>Reproduction of copyright protected material in formats that are accessible to the blind and visually impaired persons constitutes a copyright infringement unless there are specific limitations and exceptions in place. Most countries do not have copyright limitations and exceptions for the benefit of the visually impaired in their copyright laws. This has contributed to the issue of book famine, meaning the unsatisfactory access to copyright protected material for the blind and visually impaired.  This thesis examines the claims of the visually impaired for improved access to copyright protected works in the context of the interface of human rights and intellectual property rights. This research demonstrates that insufficient access to copyright protected material is discriminatory against the visually impaired and negatively affects their human rights such as the right to education, information, health, employment, culture, and science. Moreover, the thesis analyses the international and domestic copyright law’s impact on the needs of the visually impaired. In analysing the international copyright law, the thesis evaluates the Marrakesh Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities.  Highlighting the insufficient consideration for the rights of the visually impaired in domestic and international copyright laws including the Marrakesh Treaty, the thesis proposes adoption of a human rights framework for copyright law to the extent that it affects the human rights of the visually impaired. Such framework requires copyright law to accommodate those human rights of the visually impaired that are dependent on access to copyright protected material.  The thesis offers two categories of measures for creation of a human rights framework for copyright to the extent that it affects the human rights of the visually impaired. The measures include optimisation of already available options and adoption of new mechanisms. The first category discusses minimum mandatory copyright limitations and exceptions and the possibility to harmonise them. The second category covers extra measures such as clarifying the implications of different human rights and copyrights in the context of the book famine; ensuring compatibility of human rights and copyright when adopting policy and law; and, regular monitoring of the impact of copyright law on human rights.</p>

Cookery and Copyright: A History of One Cookbook in Three Acts

2019 ◽  
Vol 19 (4) ◽  
pp. 1-9 ◽  
Author(s):  
Carrie Helms Tippen ◽  
Heidi S. Hakimi-Hood ◽  
Amanda Milian
Keyword(s):  
Book History ◽  
Domestic Workers ◽  
The United States ◽  
Copyright Law ◽  
The Public ◽  
History Of ◽  
Nineteenth And Twentieth Centuries ◽  
The Right ◽  
Training Institute ◽  
The U.S

This article examines the history and movements of one collection of recipes in three “acts” or iterations in the nineteenth and twentieth centuries. Maria Eliza Ketelby Rundell's A New System of Domestic Cookery is published in London in 1806, and almost immediately, the book is pirated and printed in the United States. More than 100 years later, the same collection of recipes is reprinted by S. Thomas Bivins under the title The Southern Cookbook. The authors discuss the implications of the text's movements through the lens of book history and copyright law. Rundell sues her publisher, John Murray, for the right to control the publication of her recipes. Meanwhile, in the U.S., her book is continuously in print for decades, but Rundell receives no remuneration for it. Bivins, an African American merchant and principal of a training institute for black domestic workers, takes the recipes attributed to Rundell from the public domain for The Southern Cookbook. The authors conclude that this cookbook in three acts demonstrates how a history of the cookbook in general can challenge received understandings of authorship and textual ownership.

construing the Berne Convention to say that all that was required was a positive right to claim authorship which the author may exercise as he wishes. Normally this will be by placing his name on copies of the work. The Green Paper noted that s 43 of the 1956 Act provided a useful remedy where the plaintiff is not a professional writer and could not therefore recover damages for loss of goodwill in a passing off action; the provision survives as s 84 of the 1988 Act. The Berne Convention also contains some latitude as to the right of integrity since Article 6 bis requires a right to object in cases only where actions in relation to an author’s work would be prejudicial to his honour or reputation. The government agreed with Whitford that exceptions such as the permitting of reasonable modifications (as in the Netherlands Copyright Act) should be made and that they would be in accordance with the Berne Convention. The Green Paper therefore proposed that the legislation should provide that no change should be made in any literary, dramatic, musical, artistic or cinematographic work without the author’s consent, with the exception of changes to which the author could not in good faith refuse consent. The Act embraces this principle by implication, not expressly, as it adopts the wording of the Berne Convention rather than that of the Green Paper. The Green Paper went on to propose that the rights would be exerciseable only by the author or, after his death, by his personal representative. Contravention of the rights would be actionable as a breach of statutory duty. The rights would not be assignable. However, the author would be permitted to waive his moral rights and such waiver would be binding on his successors in title. The moral rights would exist for the same period as economic rights. The White Paper promised legislation along the lines foreshadowed in the Green Paper, noting that while Whitford had doubted whether UK law had complied with the Brussels text of the Berne Convention, there was no doubt that amendment of the law was necessary to comply with the Paris text. Chapter 4 of the Act sets out the new rights. The rights to be protected are the minimum required to be protected by Berne – paternity and integrity. There is no equivalent to the French droit de divulgation (the right to control circulation of a work prior to its being completed for publication), the droit d’accès (mainly of artists to their paintings after sale), the droit de repentir (the right of withdrawal after publication, subject in German law to the payment of compensation to the publisher, of a work of which its author no longer approves). Nor is there a right to reacquire a work of which the author has disposed – such as Graham Sutherland might have found useful in the case of his portrait of Churchill – or a right of publication. The possibility of

1997 ◽  
pp. 488-488
Keyword(s):  
German Law ◽  
White Paper ◽  
Moral Rights ◽  
Green Paper ◽  
Berne Convention ◽  
Economic Rights ◽  
Statutory Duty ◽  
The Government ◽  
The Right ◽  
Right Of Withdrawal

How to manage cultural space: An agonistic analysis of artistic moral rights

2021 ◽  
Vol 28 (2) ◽  
pp. 311-324
Author(s):  
Feyoena Crommelin ◽  
Olaf Tans
Keyword(s):  
Political Theory ◽  
Moral Rights ◽  
Berne Convention ◽  
Cultural Space ◽  
Artistic Work ◽  
The Right ◽  
A Site

AbstractThis article analyzes the debate between the proponents and opponents of artistic moral rights and, more specifically, the right of integrity as recognized in the Berne Convention, with the aid of agonistic political theory. Envisaging art as a site of antagonistic struggle, the right of integrity is conceived of as a state-backed mandate to claim an inviolable place for artistic work, founded on a Romantic notion of authorship. The plea against the entrenchment of this right is considered a counter-hegemonic response that challenges this notion in favor of an unfettered development of art and its surrounding discourse. As such, this debate seems to revolve around a conflict of alleged interests – those of artists, of art’s public, and of art itself. It is argued that insights into the discursive behavior of rights, and, by extension, into the effect of rights discourses on antagonistic struggle, are needed to foster this debate.

Actresses and Prostitutes in Victorian London

1988 ◽  
Vol 13 (3) ◽  
pp. 221-234 ◽  
Author(s):  
Tracy C. Davis
Keyword(s):  
Nineteenth Century ◽  
The United States ◽  
Religious Fundamentalism ◽  
Public Places ◽  
Victorian Era ◽  
Dual Identity ◽  
Commercial Exchange ◽  
Class Status ◽  
The Right ◽  
To Receive

Despite the tendency for Victorian performers to be credited with increasing respectability and middle-class status and for actors to receive the highest official commendations, the popular association between actresses and prostitutes and belief in actresses' inappropriate sexual conduct endured throughout the nineteenth century. In the United States, religious fundamentalism accounts for much of the prejudice, but in Great Britain, where puritanical influences were not as influential on the theatre, other factors helped to preserve the derogatory view of actresses. In certain times and places actresses did have real links with the oldest of all ‘women's professions’, but the notion that the dual identity of Roman dancers or the exploits of some Restoration performers justify the popular association between actresses and prostitutes in the Victorian era is patently insufficient. The notion persisted throughout the nineteenth century because Victorians recognized that acting and whoring were the occupations of self-sufficient women who plied their trades in public places, and because Victorians believed that actresses' male colleagues and patrons inevitably complicated transient lifestyles, economic insecurity, and night hours with sexual activity. In the spirit of Gilbert and Gubar's axiom that experience generates metaphor and metaphor creates experience, the actress and the prostitute were both objects of desire whose company was purchased through commercial exchange. While patrons bought the right to see them, to project their fantasies on them, and to denigrate and misrepresent their sexuality, both groups of women found it necessary constantly to sue for men's attention and tolerate the false imagery. Their similarities were reinforced by coexistence in neighbourhoods and work places where they excited and placated the playgoer's lust in an eternal loop, twisted like a Mobius strip into the appearance of a single surface.

scholarly journals PENGATURAN PERLINDUNGAN HAK CIPTA PERMAINAN VIDEO

2020 ◽  
Vol 8 (8) ◽  
pp. 1129
Author(s):  
Nusan Indah Permata Sari ◽  
Anak Agung Gede Agung Dharma Kusuma
Keyword(s):  
Video Games ◽  
Scientific Journal ◽  
Legal Protection ◽  
Copyright Law ◽  
Moral Rights ◽  
Copyright Holder ◽  
Economic Rights ◽  
Know How ◽  
Commercial Activities ◽  
Copyright Laws

Tujuan penulisan jurnal ilmiah ini adalah untuk mengetahui pengaturan permainan video dalam Undang-Undang Hak Cipta dan mengetahui bagaimana perlindungan hukum hak cipta terhadap pelanggaran permainan video. Tulisan ini menggunakan metode penelitian hukum normatif dengan menggunakan pendekatan perundang-undangan. Hasil dari penelitian ini menunjukkan bahwa terdapat kekaburan norma pada Undang-Undang Hak Cipta yaitu pada ketentuan pasal 40 ayat (1) huruf r “permainan video”. Kekaburan norma ini terlihat jelas karena tidak adanya penjelasan lebih lanjut terkait dengan pengertian permainan video serta pengklasifikasiannya. Selain itu terlihat jelas pula bahwa terdapat kekosongan norma terkait dengan sanksi bagi pelanggar hak moral pencipta yang tidak dilakukan tidak untuk kegiatan komersiil. Selanjutnya kesimpulan kedua bahwa permainan video merupakan salah satu objek dari suatu ciptaan yang dilindungi oleh Undang-Undang Hak Cipta yang perlindungannya berlaku selama 50 tahun sejak permainan video tersebut dipublikasikan.  Berdasarkan ketentuan pasal 95 Undang-Undang Hak Cipta, pencipta atau pemegang hak cipta atau ahli waris dari pencipta permainan video dapat mengajukan tuntutan ganti rugi ke Pengadilan Niaga kepada pelaku pelanggaran hak ekonomi pencipta permainan video.   The purpose of this scientific journal is to know the rules of the video games in the Copyright law and to know how the copyright legal protection against video games violations. In this paper, the research method used is normative legal research which uses a statutory approach. The result of this journal are indicate there is a blurry norm in Article 40 paragraph letter r of Copyright law. The ambiguity of norm is cleary seen because there is no further explanation related to the understanding of video games and their classification and it is also cleary that there are void norm related to sanction for violators of the creator’s moral rights wich are not carried out not for commercial activities. Then, the second conclusions is that video games are one of the object of a creation that get protection from Copyright laws, the protection os valid for 50 years since the video games was published. Based on the Article 95 of Copyright law, the creator or copyright holder or the heirs of creator of video games can submit compensations claims to the Commersial Court to the perpretators of violations of the economic rights of the video games creator’s.

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