scholarly journals Trends Protection as Legal Protection of Creative Industries in the Perspective of the Welfare Law State

2019 ◽  
Author(s):  
Nugraha Pranadita
Keyword(s):  
Legal Protection ◽  
Creative Industries

scholarly journals Legal Protection on the Moral Rights and Economic Rights of the Author of Film Script Writing Pursuant to Law No. 28 of 2014 Concerning Copyright (Analysis of Copyright Infringement Case by a Production House of the “ Benyamin Biang Kerok” Film)

2021 ◽  
Vol 8 (8) ◽  
pp. 731-739
Author(s):  
Asima Trismawati Situmeang ◽  
Saidin . ◽  
T. Keizerina Devi A
Keyword(s):  
Film Industry ◽  
Legal Protection ◽  
Copyright Infringement ◽  
Creative Industries ◽  
Moral Rights ◽  
Economic Rights ◽  
Original Manuscript ◽  
Production House ◽  
Film Scripts ◽  
Article 5

Moral Rights and Economic Rights are Exclusive Rights that cannot be separated in relation to Copyrights. Copyright protects all forms of work, one of which is Film Script Writing as referred to in Article 40 paragraph (1) of Law Number 28 of 2014 concerning Copyright (UUHC). One of the forms of infringement on the copyrighted work of the film script is the reuse of the film script without the permission of the creator, resulting in the loss of the moral rights and economic rights of the creator. The problems in this study are: how to use the principles of Moral Rights and Economic Rights of the Author in claiming protection against Copyright infringement on Film Script Writing, how legal remedies can be taken in the form of legal protection for the Author of Film Script Writing used without permission, and how analysis of the Judge's decision on the violation of Moral Rights for the Creator in the dispute of the film "Benyamin Biang Kerok" based on the decision of the Panel of Judges Number 09/Pdt.Sus-HKI/Cipta/2018/PN Niaga Jkt. Pst. This research is descriptive analytical with a normative juridical approach. Qualitative analysis methods are used to process and analyze research data and then draw conclusions using deductive methods through a normative framework. The results of the research show: the use of the Principles of Moral Rights and Economic Rights of the Creator as a claim for infringement of Copyright is listed in Article 4, Article 5. This right will continue to exist and is eternally attached to the Creator and will continue to apply indefinitely. Legal efforts as a form of legal protection for Film Scripts that are used without permission are to follow the provisions in Article 95 to Article 109 of the UUHC, namely by preventing violations from occurring and through alternative dispute resolution through arbitration or through the Commercial Court. The Plaintiff's lawsuit was declared defeated by the Panel of Judges, due to lack of parties. But the production of the film "Benyamin Biang Kerok" is not determined as a violation of the exclusive rights of the Creator. This decision has not provided justice and provided legal protection for the Plaintiff as the author of the original manuscript and it is feared that the same violation will continue to occur in the future. Suggestions that can be given include: in providing explanations and strengthening the importance of the Creator's Exclusive Rights, it is necessary to have awareness, socialization and public education so as not to use other people's creations carelessly. Legal efforts to prevent infringement of film script writing is to conduct socialization in the film industry and other related creative industries. Against a decision that has not provided legal protection for the Plaintiff, the Panel of Judges must also determine that the defendant has violated the exclusive rights of the Plaintiff's written film script and stipulates compensation for the violation of exclusive rights committed. Keywords: Legal Protection, Moral Rights, Economic Rights, The Author, Copyrights,Film Script Writing.

Protection of cultural identity designs – a universal necessityShould a cultural intellectual property right be constitutionally recognized?

2016 ◽  
Vol 2 (2) ◽  
pp. 75-85
Author(s):  
Monica Florina Boța Moisin
Keyword(s):  
Intellectual Property ◽  
Cultural Identity ◽  
Cultural Policy ◽  
Legal Protection ◽  
Creative Industries ◽  
Property Right ◽  
Intellectual Property Right ◽  
Main Question ◽  
Fashion Industry ◽  
Protection Mechanism

Protection of cultural identity designs is a necessity in today’s society and should be the subject of a joint European cultural policy. Constantly present not only in the fashion industry but all creative industries, designs inspired by tradition are and cannot be regarded as “just a trend”. Creative design is fundamentally different than tradition inspired design, as the latter is strictly connected with the interpretation of the values, traditions and creative mantras of the generating communities.In view of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions autochthonous elements of identity design fall in the category of cultural goods. The discussion is placed in the field of public international law and calls for the development of cultural intellectual property, as an individual branch of law, within the national legal system. The main question of this paper is whether a cultural intellectual property right should be granted constitutional recognition. This paper further proposes the design and implementation of a protection system dedicated to safeguarding and promoting autochthonous elements of design through mechanisms that ensure authenticity, encourage creativity and innovation with respect of cultural identity, and positive exploitation of traditional knowledge. This core of this discussion stems from a project pilot initiated in Romania, supporting the development of a dedicated legal protection mechanism for IA – the Romanian Blouse, a Romanian element of ancestral fashion that has recurrently inspired fashion designers worldwide, and the cultural movement La Blouse Roumaine, that led to the recognition of a universal celebration of the Romanian Blouse on June 24th – The Universal Day of the Romanian Blouse.

Legal Safeguard from Intellectual Property Rights of Cultural Creative Industry

2013 ◽  
Vol 311 ◽  
pp. 305-309
Author(s):  
Yun Shing Chen ◽  
Da Wei Lin ◽  
Yu Lin Hsu ◽  
Pai Ling Chang
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
Creative Industries ◽  
Disastrous Consequence ◽  
Creative Behavior ◽  
Questions And Answers ◽  
Definition Of

Just over twelve years ago, United Nations Educational, Scientific and Cultural Organization (UNESCO) published the Culture, trade and globalization: questions and answers. In the book, the first ever definition of ‘cultural industries’ is applied to ‘those industries that combine the creation, production and commercialization of contents that are intangible and cultural in nature. These contents are typically protected by copyright and they can take the form of goods or services.’ Cultural creations need guiding and checking on, and that is the reason why there is art director or creative director, so-called the ‘gate-keeper’, controlling over the quality of creations. If a gate-keeper builds a safeguard in the cultural creative behavior, lacking the check on the legal protection in the cultural creative industries, and whether the information of cultural industry element has touched on the question of the intellectual property rights infringement, then it will result in a disastrous consequence. This is the topic which the article researches on.

scholarly journals Sustainable Development Strategy of Chinese Animation Industry

2021 ◽  
Vol 13 (13) ◽  
pp. 7235
Author(s):  
Kuo-Kuang Fan ◽  
Ting-Ting Feng
Keyword(s):  
Sustainable Development ◽  
Development Strategy ◽  
Industrial Development ◽  
Legal Protection ◽  
Developed Countries ◽  
Creative Industries ◽  
Government Support ◽  
Development Model ◽  
Animation Industry ◽  
Pillar Industry

The animation industry is a crucial part of cultural and creative industries and has formed a huge consumer market all over the world and even become a pillar industry in developed countries. However, in China, the animation industry is still in its infancy, and its development is relatively backward. The main reason is that there is no sustainable development model in the industry. Thus, how to carry out sustainable development has become an important research topic for the Chinese animation industry. This study probed into the challenges and problems faced by China′s animation industry, and based on Porter′s Diamond Model, analyzed the current situation of China′s animation industry from six aspects: production factors, demand conditions, industrial chain, enterprise strategy, cultural factors, and government policies, clarifies the key direction for industrial development, and puts forward relatively comprehensive reference strategies to promote the formation of a sustainable development model for the animation industry. The research shows that the sustainable development of the animation industry must be completed by integrating resources within the industry, improving the chain, upgrading the enterprises, technological innovations, cultural embedding, external personnel training, government support, legal protection, and other aspects.

Pengaruh Pengalaman Usaha Dan Penggunaan Informasi Akuntansi Pelaku Usaha Mikro Kecil Menengah Terhadap Keberhasilan Usaha

2019 ◽  
Vol 6 (1) ◽  
pp. 27-39
Author(s):  
Khoirunnisa Cahya Firdarini
Keyword(s):  
Structural Equation ◽  
Small And Medium Enterprises ◽  
Control Variable ◽  
Accounting Information ◽  
Total Sample ◽  
Creative Industries ◽  
Business Success ◽  
Statistical Tool ◽  
Business Experience ◽  
Medium Enterprises

Accounting information has an important role to achieve business success, as well as for small businesses.This research examines the effect of business experience and accounting information system used toward business success with age of business as control variable. The population of this research are small and medium enterprises (SMEs) in creative industries sector operated in Yogyakarta district. Based on purposive sampling method, total sample of this research is 200 SMEs. Statistical tool utilized to test the hypothesis in this study is path analysis using structural equation modelling (SEM). The test result shows that business experience and accounting information have positive and significant effect to the success of SMEs.

HUKUM DAN TEKLOGI SUATU KAJIAN TEORITIS TERHADAP PENOMENA LAYANAN TRANSFORTASI ONLINE

2017 ◽  
Vol 6 (1) ◽  
pp. 20
Author(s):  
Aria Dimas Harapan
Keyword(s):  
Economic Growth ◽  
Theoretical Study ◽  
Legal Protection ◽  
Creative Economy ◽  
Legal Certainty ◽  
The People ◽  
The Government ◽  
The Times

ABSTRACTThe essence of this study describes the theoretical study of the phenomenon transfortation services online. Advances in technology have changed the habits of the people to use online transfortation In fact despite legal protection in the service based services transfortation technological sophistication has not been formed and it became warm conversation among jurists. This study uses normative juridical research. This study found that the first, the Government must accommodate transfotation online phenomenon in the form of rules that provide legal certainty; second, transfortation online as part of the demands of the times based on technology; third, transfortation online as part of the creative economy for economic growth . 

PERLINDUNGAN HUKUM TERHADAP KARYA SENI BATIK YANG BELUM TERDAFTAR MENURUT UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA

2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Inggrit Fernandes
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Cultural Heritage ◽  
Intellectual Property Rights ◽  
Rapid Growth ◽  
Economic Value ◽  
Legal Protection ◽  
Property Law ◽  
Market Demand ◽  
Work Of Art

Batik artwork is one of the treasures of the nation's cultural heritage. Batik artwork is currently experiencing rapid growth. The amount of interest and market demand for this art resulted batik artwork became one of the commodities in the country and abroad. Thus, if the batik artwork is not protected then the future can be assured of a new conflict arises in the realm of intellectual property law. Act No. 28 of 2014 on Copyright has accommodated artwork batik as one of the creations that are protected by law. So that this work of art than as a cultural heritage also have economic value for its creator. Then how the legal protection of the batik artwork yaang not registered? Does this also can be protected? While in the registration of intellectual property rights is a necessity so that it has the force of law to the work produced

Creative economy: Towards cultural heritage capitalization

2017 ◽  
pp. 100-116 ◽  
Author(s):  
T. Abankina
Keyword(s):  
Cultural Heritage ◽  
Creative Industries ◽  
Creative Economy ◽  
Heritage Preservation ◽  
Creative Potential ◽  
Strategic Development ◽  
Post Industrial ◽  
Cultural Heritage Preservation

The paper analyzes trends in the development of the creative economy in Russia and estimates the export potential of the Russian creative industries. The author demonstrates that modern concepts of cultural heritage preservation focus on increasing the efficiency of its use and that building creative potential and systematic support of the creative industries are becoming a key task of the strategic development of regions and municipalities in the post-industrial era.

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