scholarly journals LEGAL PROPLEMS OF PROTECTION OF COPYRIGHT RIGHTS FROM PIRATES IN THE NETWORK OF INTERNET

2020 ◽  
Author(s):  
Микола Логвиненко ◽  
Анна Диковець
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Cost Effective ◽  
Evidence Base ◽  
The Internet ◽  
Copyright Holder ◽  
Narrow Sense ◽  
Internet Piracy ◽  
The Right

 The article investigates the problem of copyright piracy. The concept of Internet piracy is disclosed, according to which this phenomenon can be considered, both in the broad, and in the narrow sense. Piracy in the narrow sense — activities related to the manufacture and mplementation of counterfeit copies. Considering piracy in the broad sense, it can be argued that the basis of this activity is the use of the object of copyright, without the permission of the right holders in order to profit. The signs of Internet piracy are identified, including: illegal use of copyrighted objects; realization of objects of copyright by publishing, reproduction, distribution and distribution without the consent of the author (the copyright holder); causing damage to the interests of the author (the right holder); commercialization; gaining profit or moral gain illegally. The classification of piracy has been carried out, which confirms the fact that the placement of copyright objects in the «network» is currently a very widespread phenomenon. Accordingly, piracy can be classified as: activity related to the partially legal disclosure of the object of copyright; activity that is related to the falsification of the copyright object; activities that are reflected in the illegal distribution of copies of the copyright object. The main ways of protecting copyright from piracy in the Internet in Ukraine and the problem issues in this area are determined. Accordingly, legal remedies can be applied in two forms — jurisdictional and non-jurisdictional. Jurisdictional form provides that the author (legal owner) has the right to apply to the court or other  competent or state bodies for the application of the necessary measures for the restoration of violated rights and the termination of the offense. Non-divisive way of protecting (self-defense) — the actions of a person in the protection of copyright, carried out by them on their own. Having analyzed the methods of protection, it was concluded that the non-irisbased form of protection provides more expeditious and cost-effective protection of the rights of the author. Jurisdictional way of protection is characterized by less efficiency.Because a considerable amount of time is spent on filing an action in court, hearing a complaint, making a decision and, finally, implementing this decision. The technical component of the non-jurisdiction form of protection is analyzed. Namely, technical methods of protection are defined, which can be attributed to: self-destruction of thecopyright object in case of illegal copying; placement of an object with limited functionality; use of watermarks; indication of copyrights on publications; etc. The proposals for amending the current legislation in the field of protection of copyright from piracy in the Internet are formulated. The changes should concern provisions affecting both legal and socioeconomic issues, namely: imperfection of legislation in the field of intellectual property rights (impossibility of reliable establishment of an offender who deals with Internet piracy; insufficiency of evidence base of copyright infringement; absence of judges and civil servants of specialist knowledge in the field of intellectual property rights); a highprice that makes it impossible to sell licensed products, hence, the number of sites that contain unlicensed products increases; insufficient level of financial provision of specialists who are professionals in the field of intellectual property; etc.

scholarly journals Peran Lembaga Manajemen Kolektif Sebagai Bentuk Perlindungan Hukum Pencipta Lagu Dan Pemilik Hak Terkait

2019 ◽  
Vol 22 (01) ◽  
pp. 37-54
Author(s):  
Elly Hernawati
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Copyright Protection ◽  
Copyright Holder ◽  
Business Climate ◽  
Management Agency ◽  
Collective Management ◽  
The Creation ◽  
The Right

Copyright is one of the Intellectual Property Rights components and should be paid attention to. Even more in technology era that developing, copyright protection needed to be enhanced, so that the right of creator, Copyright holder or owner of relevant rights can be protected and urge people to create. Indirectly, good and healthy business climate could be fostered.  Not all people have skill to create, that is why those people who have skill to create must be protected and even awarded, hoping that people urged to create. One of the creations that protected are song and music. In creating song or music, creator involve recording producer, music director or arranger. Regarding the creation, creator holds moral and economy rights, while parties involved hold the relevant rights to it. Collective Management Agency is an agency that help creator or relevant rights owner in managing and distributing the creation which is song or music that being commercialized. Yet the creator must be the member of the agency beforehand. Commercialization of a song or music by user can rise problem. Protection to the song or music is for the whole thing, including lyric, notation, arrangement and song title. The utilization of a song or music should be still protecting the parties that hold the copyright and the relevant right to it.

Specific Notarial Protection of the Testator's Exclusive Rights: Kazakh and International Experience

2019 ◽  
Vol 10 (3) ◽  
pp. 770
Author(s):  
Karlygash Asilkhanovna JUMABAYEVA ◽  
Lola Furkatovna TATARINOVA ◽  
Gulnaz Tursunovna ALAYEVA ◽  
Saule Zhusupbekovna SULEIMENOVA ◽  
Danila Vladimirovich TATARINOV
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
International Experience ◽  
Copyright Holder ◽  
Main Function ◽  
Legal Practice ◽  
The Subject ◽  
The Republic ◽  
The Right

This study is concerned with one of the most burning issues of intellectual property rights, namely the notarial protection of the testator's exclusive rights. The article analyzes the Kazakh and international experience in solving this issue. In the course of the study, the authors obtained the following results: - In legal practice, the non-acceptance of inheritance and refusal to inherit exclusive rights have their specific features; - It is proposed to supplement the existing civil legislation on the protection of the testator's copyrights. ‘Kazakhstan Authors' Society’ conducts its activities in the territory of the Republic of Kazakhstan. Its main function is to manage the property rights of authors. This management includes the issuance of permits to use deliverables on behalf of authors, as well as the collection, distribution and payment of royalties. It has been established that a notary has the right to apply to ‘Kazakhstan Authors' Society’ to determine one's authorship. The authors have revealed that the current Kazakh legislation does not state the creation time of some deliverable and does not provide for the notarial certification of a web page (in case of copyright infringement). Thus, a notary takes measures to protect the intellectual property rights owned by the copyright holder that might become the subject of succession.

scholarly journals PERLINDUNGAN HUKUM TERHADAP HAK PENCIPTA SOFTWARE YANG NOMOR SERIALNYA DIKOMERSIALKAN TANPA HAK DI CYBER SPACE BERDASARKAN UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA

2020 ◽  
Vol 16 (1) ◽  
pp. 77-87
Author(s):  
Billy Handiwiyanto ◽  
Wisnu Aryo Dewanto
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Research Method ◽  
Economic Benefits ◽  
Copyright Holder ◽  
Economic Rights ◽  
Cyber Space ◽  
The Right ◽  
Exclusive Right

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.

scholarly journals Peculiarities of Some Author’s Rights Realization

1970 ◽  
pp. 242-248
Author(s):  
Sergii Petriaiev ◽  
Natalya Kogut
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Video Clip ◽  
Legal Regulation ◽  
Fine Art ◽  
The Internet ◽  
Sale Price ◽  
The Right ◽  
Death Of The Author

The most complicated in its realization material and personnel author’s rights are investigated in the article. The authors pay special attention to the next intellectual property rights: defense of the honor, dignity and goodwill of the author; inviolability of the composition; follow right; right of remuneration (royalty) for the commercial usage of the composition. The right of inviolability of the composition is a non-material right of intellectual property according to Ukrainian legislation but as an exception may be defended by other persons which are not subject of this right. On the contrary with the right of inviolability the right to change composition is a kind of material right of the author, which may be inherited. But changes into authors composition without his agree may break authors right on the honor and dignity which nevertheless exist during the lifetime of the author. Personnel non-material rights are valid during one’s lifetime on the contrary to the personnel rights of intellectual property. Thus, it is worth to provide that right to change composition after the death of the author other than translation or adoption as non-transferring material right of the author.   Follow right is the inalienable author’s right for 5 % from the sale price of the original artistic composition. Civil code of Ukraine doesn’t reveal to which kinds of artistic compositions may be applied follow right except for fine art compositions. It is told about works of fiction but it doesn’t allow to distinguish which objects should be excluded from the follow right. Logic position and international practice show that architectural objects and objects of folk arts are not amongst those, which may be used follow right for. Right of remuneration (royalty) for the commercial usage of the composition is weakly regulated. The main trouble that on the contrary with many other countries Ukrainian legislation doesn’t anticipate an obliged payments for commercial usage of compositions to persons who owns a material intellectual property rights. Besides, the exceptional list of free cases of compositions using contains also kinds of using which may anticipate commercial aspects. Especially it’s relevant to parodies, potpourri and caricatures. Using in such way changed compositions as a rule gives some commercial benefit or profit from advertising in the Internet whilst video clip. Also such kinds of composition’s changes may break the author’s right on honor, dignity and goodwill as well as an inviolability of the composition. The authors propose to define strictly the amount of repeat in the literature and musical compositions, which will be recognized as plagiarism. Besides, legal relations between the authors and publishers and possible ways of legal regulation of their material rights division are investigated in the article.

PERLINDUNGAN HUKUM TERHADAP HAK CIPTA DARI PENGGUNAAN SEBAGAI DESAIN INDUSTRI (STUDI KASUS PUTUSAN NOMOR 238 K/PDT.SUS-HKI/2014)

2019 ◽  
Vol 4 (7) ◽  
Author(s):  
Umar Husin
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Industrial Design ◽  
Economic Benefits ◽  
Copyright Holder ◽  
Tangent Point ◽  
The Law ◽  
The Right

<p>Intellectual Property Rights give the owner the right to enjoy the economic benefits of the creations produced. Copyright and Industrial Design are part of Intellectual Property Rights. The dispute between Copyright and Industrial Design is commonplace in the community known as the tangent point. Decision No. 238 K / Pdt.Sus-HKI / 2014 is one of the results of a decision on the case of tangent copyright and industrial design, where the decision of the cassation considers the space for similar violations. Copyright is born automatically in realization without any registration and given to copyright holders, while protection for industrial design is not automatic because it is given in accordance with the registration of the new design. From the brief description above, it is obtained the formulation of the problem in the form of how to protect the law against the copyright holder and what factors can cause a dispute between copyright and industrial design.</p>

scholarly journals KEEPING THE NATION'S ASSETS THROUGH THE LEGAL PROTECTION OF COPYRIGHT WORKS OF CULTURE

2016 ◽  
Vol 1 (1) ◽  
pp. 55-71
Author(s):  
Zulkifli Makkawaru
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
Literature And Science ◽  
Community Rights ◽  
Art And Culture ◽  
The Right

Indonesia positioned copyright art and culture based on its strength as a nation or community rights over an Alliance grouping of the society which can give the effect of distortions in its protection. Which institution can be megurus and oversee the interests between countriesCultivate ideas/ideas in the fields of art, literature and science in the context of intellectual property rights (HKI) categorized into areas of HKI named Copyright (Copyright). The scope of the rights provided for the protection of copyright in the context of this very broad following elements known in several countries. There is a different understanding about the copyright status of culture from both the substance of the right nor of the appreciation of the case which threatens foreign claims copyright over the culture of Indonesia

scholarly journals THE RIGHT OF AUTHORSHIP ON A WORK

2014 ◽  
Vol 8 (1) ◽  
pp. 155-160
Author(s):  
Ciprian Raul Romiţan
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Moral Rights ◽  
Economic Rights ◽  
Natural Connection ◽  
Artistic Work ◽  
The Law ◽  
The Right ◽  
The Relationship

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.

scholarly journals The right to protection against unfair use of the means of individualization: content and features

2020 ◽  
Vol 11 (11) ◽  
pp. 313-318
Author(s):  
Pekar A.
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
System Analysis ◽  
Scientific Literature ◽  
Unfair Competition ◽  
Economic Competition ◽  
Economic Entity ◽  
Objective Meaning ◽  
The Right

The article deals with the nature and features of the right to protection against unfair use of the means of individualization. It is argued that it is inappropriate to distinguish the right to protection against unfair use of the means of individualization in the structure of intellectual property rights from the right to protection of economic competition. Based on a system analysis of the legislation, scientific literature review, and the practice of its application, the right to protection is classified in an objective and subjective meaning. In its objective meaning, the right to protection against unfair use of the means of individualization is a component of the right to intellectual property, to protection against unfair competition. The subjective right to protection against the unfair use of the means of individualization is an independent right. The following features of the right to protection against unfair use of the means of individualization are identified on the basis of the analysis. The objective right to protection against unfair use of the means of individualization is characterized by a set of civil law rules governing relations in the field of intellectual property rights and economic competition and determining the grounds, forms, procedure and methods of protection of such rights. This right combines two components: the protection of intellectual property rights and economic competition relations. The subjects of this right are economic entities. At the same time, the exercise of the right to protection in connection with the violation of the law on protection against unfair competition ensures the protection of consumers’ rights, as it guarantees them good quality goods on the market. The object of this right is relations in the field of intellectual property rights and economic competition. The subjective right to protection against unfair use of the means of individuation is the use of a provided by law capacity to renew, recognize or award the right to use the means of individualization by an economic entity. Such subjective right is characterized by the following features: it always implies the implementation of active actions, the possibility of choosing the forms and methods of protection. Keywords: means of individualization, unfair use, right to protection, objective right, subjective right, intellectual property rights, unfair competition.

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