scholarly journals PENERAPAN DOKTRIN FAIR USE TERHADAP PEMANFAATAN HAK CIPTA PADA PLATFORM DIGITAL SEMASA COVID 19 DI INDONESIA

2021 ◽  
Vol 13 (1) ◽  
pp. 130-148
Author(s):  
Rika Ratna Permata ◽  
Tasya Safiranita ◽  
Yuliana Utama ◽  
Reihan Ahmad Millaudy

The Covid-19 pandemic has resulted in more people doing activities from home, so almost all activities are carried out online, including for educational activities. The problems on this research are how the comparison between fair use regulations in Indonesia and in the United States during the pre-Covid-19 pandemic? How the regulations of the doctrine of fair use to anticipate the occurrence of a new phenomenon regarding the use of copyright on digital platforms during and/or after the Covid-19 pandemic? The method used in writing this law is a normative juridical method. The results of the study conclude that Fair use rules in Indonesia already regulate that fair use will not harm the legitimate interests of creators but does not provide clear parameters regarding fair interests. While the Fair use Arrangements in the United States are regulated in 17 U.S. Code 107. In this regulation, there are 4 factors, namely: the purpose and character of the use, the nature of the copyrighted work, the quantity and importance of the material used, the effect of the use upon potential market or value of the copyrighted work. The Covid-19 pandemic gave rise to fair use cases that had never occurred before the outbreak of Covid-19, e.g. the case of The Internet Archive, it can be observed that there is an encouragement from the public to further relax copyright protection because of the Covid-19 pandemic resulting in the public interest having to be carried out rather than the creators and copyright holders.

2019 ◽  
Vol 175 (1) ◽  
pp. 109-123
Author(s):  
Sacha Molitorisz

In Australia as in the United States, levels of trust in news media remain alarmingly low. In four qualitative workshops held in 2018 in Sydney and Tamworth, 34 participants discussed the ways they access news, their relationship with news media, and how trust might be rebuilt. We also tested the hypothesis that Australians want news sources that are more peer-to-peer and ‘like a friend’. Emphatically, participants said they don’t want news sources to be like a friend. Instead, they want accuracy, objectivity and service of the public interest. One interpretation is that our participants clearly distinguish between news sources (the ABC, News Corp, etc.) and digital platforms (Facebook, Google, etc.). Furthermore, it would appear they expect news sources and digital platforms to play different roles and follow different standards: the former should adhere to traditional journalistic values; whereas no clear picture emerged of the role and standards that participants think should apply to the latter.


2015 ◽  
Vol 109 (1) ◽  
pp. 161-167
Author(s):  
Anne-Marie Carstens

In Technische Universität Darmstadt v. Eugen Ulmer KG, the Court of Justice of the European Union (ECJ or Court) addressed several important copyright issues stemming from a practice that continues to confound many legal practitioners and adjudicators: the mass digitization of library collections. The judgment adds to an emerging body of jurisprudence decided in the context of a trend toward greater digitization that could ultimately facilitate the development of a global, digital library. To date, the jurisprudence has largely been formed by cases challenging mass digitization that are percolating through the United States courts and have attracted international attention and criticism. The ECJ decision thus provides an important point of reference for evaluating how different jurisdictions balance the rights of authors against the public interest, as served by relevant fair use exceptions consistent with their international obligations under traditional copyright treaties, the 1996 WIPO Copyright Treaty, and the 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) applicable to all WTO member states.


1992 ◽  
Vol 82 (6) ◽  
pp. 328-335
Author(s):  
J Levrio

The postsecondary accreditation process is a unique system that attempts to evaluate and enhance the quality of higher and professional education in the United States. Critics of accreditation see the process as coercive and a deterrent to academic freedom while others call for accreditors to exercise greater authority. The origination of the process was a result of a number of coinciding events involving the development of educational and professional standards and concern over access. The current focus on assessment of educational outcomes has further established the credibility of postsecondary accreditation and its role in protecting the public interest.


2021 ◽  
Vol 5 (2) ◽  
pp. 137-139
Author(s):  
Jasmine Garg ◽  
Abigail Cline ◽  
Frederick Pereira

Objective: The purpose of this study was to assess the public interest in the United States of telogen effluvium before and after the COVID-19 pandemic in order to investigate the best therapeutic interventions for dermatologists in the future. Methods: We performed Google TrendsTM search for “COVID hair loss”, “telogen effluvium” and “hair loss” between 5/1/20 and 8/16/20. Conclusion: All three terms have increased in popularity for search terms since mid-March and were the most prevalent in the states that experienced the earliest increase in number of coronavirus cases.


2021 ◽  
Vol 8 (2) ◽  
pp. 32-62
Author(s):  
Desmond Osaretin Oriakhogba ◽  
Gloria Kanwulia Adeola-Adedipe

Conducted as a desk research, this paper examines the interface between copyright and succession laws, the notion of testamentary freedom, its limitations and justification for its restriction. The paper draws on this examination to discuss the freedom of authors to dispose their copyright under testate and intestate arrangements, and posthumously control the use of their works under the Nigerian Copyright Act. Following this discussion, the paper identifies and examines the relevant provisions of the Copyright Act that can limit the capacity of authors to posthumously control the use of their works in Nigeria. The paper contends that authors’ liberty to transfer their copyright by testamentary disposition or operation of law, and control the use of their works posthumously, without public interest friendly limitations, can create an imbalance within the copyright system. This paper addresses the issues of whether public interest objectives may be achieved through the limitation in the extant Copyright Act, especially given the propensity for copyright misuse by authors in death, as well as during their lifetime, and what policy options may align the public interest with authors’ posthumous control of copyright. In resolving these questions, the paper draws on instances of copyright misuse in the United States of America (USA) and South Africa and situates them within the Nigerian context to shed light on the issues discussed.


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