scholarly journals PENGGUNAAN KARYA CIPTA MUSIK DAN LAGU TANPA IZIN DAN AKIBAT HUKUMNYA

to-ra ◽  
2015 ◽  
Vol 1 (2) ◽  
pp. 111
Author(s):  
Hulman Panjaitan

Abstract   Copyrightis avery important part of Intellectual Property Rights, especially inthe field of creative works of musicandsong;the infringement is very alarming and serious in Indonesia.Copyright is an exclusive right    or special right which means that other people cannot take advantage of economic rights of creators on his creations without prior approval of the legal creators or copyright holders.The consequence is in each use  of music for commercial businesses and or interests related to business activities/commercial purposessuch ascafes, hotels, restaurant sands of orthmust firstask approval from thecreators or copy right holders on the use of the music creation.   Kata Kunci: Pengggunaan Karya Cipta Tanpa Izin

2018 ◽  
Vol 2 (2) ◽  
Author(s):  
Luh Inggita Dharmapatni

Copyright is the exclusive right of the creator that arise automatically based on the principle of declarative after an invention is embodied in a tangible form without prejudice to the restrictions in accordance with the provisions of the legislation. Copyright can be used as the object of fiduciary cause it has an economic value. Creditors are willing to give the debt to the debtor, if debtor can provide wealth to ensure smooth payment of debts. The object of fiduciary is not controlled by the creditor, but remains dominated by the debtor. There is no physical delivery of goods, only the economic rights of copyright can be transferred. Copyright may be encumbered by fiduciary guarantee provided that the encumbrance be put not over the copyrighted work, but on its economic value. In order to be secured under fiduciary claim, copyright must be registered with the Cirectorate General of Intellectual Property Rights


2020 ◽  
Vol 16 (1) ◽  
pp. 77-87
Author(s):  
Billy Handiwiyanto ◽  
Wisnu Aryo Dewanto

Intellectual Property Rights consist of various types, one of which is Copyright, Copyright is one of the Intellectual Property Rights that has a broad scope of scope of objects, to the Copyright that is owned, the Author and / or the Copyright Holder get an Exclusive Right on the Work , in which this Exclusive Right consists of 2 (two) types, namely the Moral Right to the Work, and also the Economic Right to the Work. The right to exploit the Work rests with the Author and/or the Copyright Holder of the Work, but there are often violations of the Exclusive Rights in this case the Economic Right which is the Right of the Author and/or the Copyright Holder to obtain economic benefits from the utilization of the Copyright, in which a Work is commercialized without Rights by other Parties who do not have the Right to Commercialize the Work. This study aims to determine the basis of the Liability of those commercializing a Work without Rights, which violates the Exclusive Rights of the Author and/or the Copyright Holder to utilize the Work in order to obtain economic benefits from the Work. This research was conducted using the Normative Jurisdiction research method which examines a problem on the basis of applicable laws and regulations, as well as from views and doctrines in the science of law. The results of this study state that other parties who without the right to commercialize a Work must be held accountable for violating the Exclusive Rights in this case the Exclusive Rights to the Economic Rights of the Author and/or the Copyright Holder.Hak Kekayaan Intelektual terdiri dari berbagai macam jenis, salah satunya Hak Cipta, Hak Cipta merupakan salah satu Hak Kekayaan Intelektual yang memiliki ruang lingkup cakupan obyek yang luas, terhadap Hak Cipta yang dimiliki, Pencipta dan/atau Pemegang Hak Cipta mendapatkan Hak Eksklusif atas Ciptaan tersebut, yang mana Hak Eksklusif ini terdiri dari 2 (dua) macam, yaitu Hak Moral atas Ciptaannya, dan juga Hak Ekonomi atas Ciptaan. Hak untuk mengeksploitasi Ciptaan tersebut terletak pada Pencipta dan/atau Pemegang Hak Cipta dari Ciptaan tersebut, namun seringkali terjadi pelanggaran terhadap Hak Eksklusif yang dalam hal ini ialah Hak Ekonomi yang merupaan Hak dari si Pencipta dan/atau Pemegang Hak Cipta untuk mendapatkan manfaat ekonomi dari pemanfaatan terhadap Hak Cipta tersebut, yang mana suatu Ciptaan dikomersialkan tanpa Hak oleh Pihak lain yang tidak punya Hak untuk Mengkomersialkan Ciptaan tersebut. Penelitian ini bertujuan untuk mengetahui dasar Tanggung Gugat dari pihak yang mengkomersialkan suatu Ciptaan tanpa Hak, yang melanggar Hak Eksklusif Pencipta dan/atau Pemegang Hak Cipta untuk memanfaatkan Ciptaan tersebut guna mendapatkan manfaat ekonomi dari Ciptaan tersebut. Penelitian ini dilaksanakan dengan metode penelitian Yuridis Normatif yang mana meneliti suatu masalah dengan dasar peraturan perundang-undangan yang berlaku, juga dari pandangan-pandangan dan doktrin-doktrin dalam ilmu hukum. Hasil penelitian ini menyatakan bahwa pihak lain yang dengan tanpa hak mengkomersialkan suatu Ciptaan harus bertanggung gugat karena melanggar Hak Eksklusif dalam hal ini Hak Eksklusif terhadap Hak Ekonomi dari Pencipta dan/atau Pemegang Hak Cipta.


2014 ◽  
Vol 8 (1) ◽  
pp. 155-160
Author(s):  
Ciprian Raul Romiţan

The moral rights represent the legal expression of the relationship between the workand its creator; they precede, survive and exert a permanent influence on the economic rights.Moral rights are independent of economic rights, the author of a work preserving these rightseven after the transfer of its property rights.The right to claim recognition as the author of the work, called in the doctrine as the"right of paternity of the work" is enshrined in art. 10 lit. b) of the law and it is based on theneed to respect the natural connection between the author and his work. The right toauthorship is the most important prerogative that constitutes intellectual property rights ingeneral and consists of recognizing the true author of a scientific, literary or artistic work.


While the Treaty does not affect the existence of intellectual property rights, there are nonetheless circumstances in which the exercise of such rights may be restricted by the prohibitions laid down in the treaty. 2. Article 36 permits exceptions to the free movement of goods only to the extent to which such exceptions are necessary for the purpose of safeguarding the rights that constitute the specific subject-matter of the type of intellectual property in question. Perhaps the main advantage of this formula, apart from the fact that it narrows the scope of the exceptions permitted by Article 36, is that it allows subtle distinctions to be made depending on the type of intellectual property in issue. 3. The exclusive right conferred on the owner of intellectual property is exhausted in relation to the products in question when he puts them into circulation anywhere within the Common Market. Spelt out more fully, ‘the proprietor of an industrial or commercial property right protected by the legislation of a Member State may not rely on that legislation in order to oppose the importation of a product which has lawfully been marketed in another Member State by, or with the consent of, the proprietor of the right himself or person legally or economically dependent on him’. The expression ‘industrial and commercial property’ clearly embraces patents and trademarks. It also extends to such specialised areas as plant breeders’ rights. The court has held that copyright can also be a form of industrial or commercial property because it ‘includes the protection conferred by copyright, especially when exploited commercially in the form of licences capable of affecting distribution in the various Member States of goods incorporating the protected literary or artistic work’. The principle that the Treaty does not affect the existence of industrial and commercial property rights is derived from Article 222 of the treaty. This provides that ‘the treaty shall in no way prejudice the rules in Member States governing the system of property ownership’. Consequently intellectual property rights are unaffected by the provisions of the treaty unless they hinder free movement or offend the rules of competition. In Keurkoop v Nancy Kean (see below) the design of a handbag which was manufactured in Taiwan was registered in the Benelux countries but without the authority of the actual author. In Case 78/70, Deutsche Grammophon v Metro-SB Grossmärkte [1971] ECR 487, [1971] CMLR 631, the European Court stated:


2020 ◽  
Vol 15 (2) ◽  
pp. 193-208
Author(s):  
Darwance Darwance ◽  
Yokotani Yokotani ◽  
Wenni Anggita

Basically, humans are born with different intellectual abilities in processing their thougths and produce somethingfrom that thought. Therefore, it is important to provide protection for the results of thought through the intellectual property rights regime. However, in practice there are still many cases where the intellectual property of a person or agroup or a legal entity is used without prior permission.  This juridical normative research examines fundamental thoughts for the protection of the results of one's thinking which is called intellectual property rights. There are several thoughts which become form the basis for protecting intellectual property rights; they are the natural right protection to reputation that has been built over a long time and quite high cost and also as a form of compensation and encouragement for people to create or find something.With the basic ideas behind the protection of IPR, the protection provided will be maximized, and the results of one's thinking will be more respected, both moral rights and economic rights


2006 ◽  
Vol 8 ◽  
pp. 153-186 ◽  
Author(s):  
Ioannis Lianos

The intersection between competition law and intellectual property has been a contentious issue since the very beginnings of European Communities (EC) competition law. Both intellectual property and competition law pursue the aim of enhancing economic welfare and innovation, but their direct objectives seem to be in conflict. Whereas intellectual property focuses on the reward of inventive effort and the inventor’s incentives to innovate by conferring an exclusive right on the use of the invention, competition law emphasises the dissemination of innovation by ensuring diffusion and access.


2020 ◽  
Vol 3 ◽  
pp. 24-27
Author(s):  
Tatyana V. Ivanova ◽  

The article considers certain situations that arise while using a patent for an invention by co-authors and successors and some issues of publicity in legal disputes over the protection of intellectual property rights. The invention created by a team of authors serves as the basis for the association of co-authors in an organization aimed at the commercial use of a patent. The exclusive right to a patent shall transfer to the successors, but the right to membership in the organization where the patent was supposed to be used may not be transferred, in which case the successors shall have limited access to information on the use of the patent. Various secrets, confidentiality of information, unavailability of information, complexity of protecting intellectual property rights, complex relationship between members of the organization and successors represent only some of the problems that create obstacles to the normal exercise of the right to use a patent for an invention and to get profit from its use. There is no special method to protect intellectual property right, such as the request to provide access to the information on shared use of a patent. The publicity principle, being one of the principles of legal proceedings, provides the condition for defining the truth in the process of proving, the court provides the conditions for the timely receipt by the participants of the required and sufficient procedural information on a particular case. The publicity of information in a legal case is most likely to provide the opportunity to satisfy a claim for the protection of intellectual property right. The right to membership in the organization, in which the patent was supposed to be used when it had been developed by the co-authors of the organization, can be considered as a guarantee for the right to use the patent. The exclusion of at least one element from this system shall create unequal rights and shall make it impossible to achieve a result — receive profit from the use of a patent.


2019 ◽  
Vol 8 (2) ◽  
pp. 354
Author(s):  
Riska Andi Fitriono ◽  
Sarwono .

This article aimed to analyze legal protection of Lurik Art Conservation Through <br />Intellectual Property Rights in Klaten Regency. Klaten is the area that is most<br />concerned with the survival of lurik weaving. There is someone mentioned that the<br />Klaten Regency was the capital of lurik weaving. Because the weaving of Looms<br />are not machines or Alat Tenun Bukan Mesin (hereinafter abbreviated to ATBM) <br />is a mainstay of this city. There are countless villages that become centers of lurik <br />craftsmen. This research is empirical or non-doctrinal research, which is a study<br />that sees the law not only from the perspective of legislation, but also sees the law<br />in its implementation. The results of the study show that the first legal protection in<br />preserving the current lurik art in Klaten, namely the Klaten Regency Government,<br />then stipulates the Regent's Regulation Number 53 of 2010 Article 23 Paragraph (9)<br />on the Daily Batik and Traditional Weaving Lurik Service or ATBM Striated and<br />the Klaten Regent's Decree Number : 065/1014/06 December 30, 2010 on Wearing<br />Traditional Weaving, Motives, Colors and Free Models with Attributes. Furthermore,<br />based on the Decree of the Regent of Klaten Number 050/84 of 2016 on Klaten<br />Regency's Superior Products, batik striated is one of the superior products of Klaten<br />Regency. With the issuance of these rules as an effort to protect and preserve lurik<br />art in Klaten district and referring to Law Number 28 of 2014 on Copyright, it has<br />regulated the forms of protection of lurik art in Klaten through Article 40 paragraph<br />(1). The Second Protection of Intellectual Property Rights Against Lurik Art, namely<br />Protection of lurik artworks, besides being accommodated in Law Number 28 of 2014<br />on Copyright (Copyright Law) and Trademark Law and other intellectual property<br />right laws. Elucidation of Article 40 paragraph (1) letter j of the Copyright Law. The<br />work is protected because it has artistic value, both in relation to the picture, style,<br />and color composition. The Copyright Act also emphasizes that it is important to<br />protect Copyright because every creator, in this case, the creator of the lurik motif<br />has the right to moral rights and economic rights.


2021 ◽  
Vol 1 (2) ◽  
pp. 284-293
Author(s):  
Achmad Baihaqi ◽  
Said Abadi

The issue of Intellectual Property Rights has not been discussed or even described by classical fiqh scholars in-depth and thoroughly. One aspect that has not been studied is the issue of the period of copyright protection. The assumption is that if copyright protection is not limited in time, it will lead to a monopoly of creation by a few people. Therefore, the purpose of this study is to clearly describe and compare the terms of copyright protection in the Copyright Act and Islamic Law using the Maqashid Syariah perspective. The method used is a qualitative study (library research) with a comparative approach. The results of the study indicate that the period of copyright protection according to Islamic law, for the type of moral rights is valid forever, while for the type of economic rights it applies trade (willingness of the heart) with the provision that the shorter (reasonably) is, the better as long as it does not harm the creator. In addition, the State can determine the period of copyright protection through its regulations according to the country's ability.


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