scholarly journals UPAYA-UPAYA PENINGKATAN PEMAHAMAN DAN KESADARAN PENCIPTA KARYA SENI TRADISIONAL TERHADAP HAK CIPTANYA

Solusi ◽  
2019 ◽  
Vol 17 (1) ◽  
pp. 32-41
Author(s):  
Nina Yolanda

The research objective is to describe and analyze efforts to increase the understanding and awareness of the creators of traditional art works on their copyright. Writing method uses normative juridical method. Research results: efforts to increase understanding and awareness of creators of their copyright are carried out through efforts to promote intellectual property rights such as counseling, discussions, seminars, workshops, symposiums, intellectual property education and training and institutionally established a Copyright Council. In the end, it was suggested that arrangements regarding copyright law protection, especially the copyright of traditional artworks, need to be accompanied by consistent law enforcement and efforts to increase understanding and awareness of creators of their copyright needs to be intensified both in terms of quality and quantity

2020 ◽  
Vol 13 (3) ◽  
pp. 203
Author(s):  
Andrii Neugodnikov ◽  
Tetiana Barsukova ◽  
Roman Kharytonov

The article provides an assessment of the state of legislation of Ukraine on the protection of intellectual property at the present stage. The most important problematic aspects and prospects of improving the legal regulation of intellectual property protection on the way to European integration are described in detail. The experience of foreign countries in ensuring the protection of intellectual property is analyzed. Particular attention is paid to the features of computer program protection, which is especially relevant nowadays. Features of the use of license agreements by the owner of computer programs, namely BSD License, Apache License, GNU General Public License, GNU Lesser General Public License, were analyzed. The conclusion is drawn that a system of continuous analysis of decisions made by European countries in the field of intellectual property law, as well as on issues related to general state policy on the administration of intellectual property, in order to implement developed approaches to legislation and law enforcement practice, could improve the protection of intellectual property rights in Ukraine.


LAW REVIEW ◽  
2018 ◽  
Vol 38 (1) ◽  
Author(s):  
Rohit P Singh ◽  
Shiv Kumar Tripathi

In view of the rapid pace of technological, scientific and medical innovations in India and abroad, the intellectual property rights i.e., copyright, patent and other neighboring rights, have been recognized in Indian and foreign jurisdiction. Moreover, its scope and content have expanded pursuant to statutory amendments over the years. Growing recognisiont, expansion and protection of IPRs needs to harmonised with the public interest. Within this backdrop, copyright law, patent law etc. have made elaborate provisions and endeavours have also been made at international level to strike a balance between protection of individual’s IPRS and social interest. The present article tries to examine the contours of protection of IPRS at national and international levels with special reference to copyright law.


2018 ◽  
Vol 5 (2) ◽  
pp. 27-33
Author(s):  
Laksminarti Laksminarti

This research aims to obtain a picture of the policy in the field of intellectual property rights as well as legislation and law enforcement of intellectual Property Rights (HAKI). The increasingly high-flow of free trades that demand the higher creativity of the resulting products proved increasingly spur on the technological developments that support these needs. Along with this, it began to realize the importance of the role of intellectual Property Rights (HAKI) in supporting technological developments. This is seen from the increasingly high number of copyright, patent and trademark applications and the sufficient number of industrial design applications addressed to the Directorate General of Intellectual Property Rights, the Office of the jurisdiction and human rights. By using a descriptive analysis obtained the idea that the implementation of good intellectual property rights system not only requires the legislation in the field of intellectual property right but should be supported also by Administration, law enforcement and an optimal socialization program on intellectual property Rights (HAKI). The results of the research show that at this time, Indonesia has had a legal device in the field of intellectual property rights which is adequate and does not contradict the provisions as required in Agreement on Trade-Related Aspect Of Intelectual Property Rights. In principle, all rules of intellectual property rights have been prepared about the interests of the Community and by the minimum provisions as required by TRIPS approval (Agreement on Trade-Related) Aspect Of Intelectual Property Rights).


2018 ◽  
Vol 2 (1) ◽  
pp. 319-329 ◽  
Author(s):  
Martin Fredriksson

AbstractThe ideas and ideals of authorship and the discourse on property rights that emerged in parallel since the 18thcentury have come to form the bedrock of copyright law. Critical copyright scholars argue that this construction of authorship and ownership contributes to individualisation and privatisation of artistic works that disregards the collective aspects of creativity. It also embodies a certain kind of authorial character-or “author function” as Michel Foucault puts it-imbued with racial and gendered powers and privileges. While the gendered and racialised biases of intellectual property rights are well documented within copyright research, the commodification of ideas and cultural expressions relies on individualisation of creativity that is significant not only to the cultural economy but also to the 20th-century notion of the entrepreneur as the protagonist of capitalism. This article relates the idea of the entrepreneur to the deconstruction of authorship that was initiated by Foucault and Roland Barthes in the late 1960s, and the critique of an author-centred IPR regime developed by law scholars in the 1990s. It asks if and how the deconstruction of the author as a cultural and ideological persona that underpins the privatisation of immaterial resources can help us understand the construction and function of the entrepreneur in extractive capitalism.


Leonardo ◽  
1999 ◽  
Vol 32 (3) ◽  
pp. 191-195 ◽  
Author(s):  
Patricia Search

The dematerialization of art that began in the 1960s has reached new heights with the use of electronic media. We are at an important crossroads in defining intellectual property rights that will have a direct impact on the way we create and disseminate electronic art in the future. This paper examines the historical evolution of the definition of “author” in copyright law. The paper shows how current copyright legislation and recent court decisions do not address the plasticity of the medium and the new forms of authorship that are defined by the artistic use of techniques such as virtual reality, artificial intelligence, hypermedia links and collaborative networking.


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 5 (2) ◽  
pp. 500-510
Author(s):  
Endang Purwaningsih ◽  
Evie Rachmawati ◽  
Irfan Islami

With the condition of the teachers of SMP N 77 Jakarta, they have never received legal counseling on Intellectual Property Rights (IPR) especially Copyright. Knowledge enhancement is expected to motivate teachers to build their self-awareness on IPR to improve competence and ultimately to improve their performance. The solution offered is to provide counseling and training. The method of implementing the applied activities is lecture, discussion and training, with priority on the active participation of teachers. Based on the results of community service, it can be concluded: 1) legal counseling on IPR especially copyright is able to foster awareness of intellectual property so that it is expected to motivate teachers to build awareness of themselves in terms of IPR especially copyright; 2) supporting factors, namely the high desire of teachers to increase intellectual property knowledge, especially copyright.


Author(s):  
Yuliia Osypova

Keywords: the distribution of economic rights; economic intellectual property rights; intellectualproperty rights objects, created on order; higher education institutions; intellectualproperty rights of higher education institutions; intellectual property rights objects;agreements for the creation on order and the use of intellectual property rights objects The article investigates the procedure for the distribution of economic rights to IPR objects,created in higher education institutions of Ukraine on order. In the course of researchgeneral requirements of the current legislation of Ukraine concerning possiblevariants of distribution of economic rights to IPR objects, created on order, have been defined.Based on this analysis it has been found that the legislator departed from the previouslyexisting unified approach to the distribution of economic rights to IPR objects,created on order, therefore, there are currently several legally enshrined approaches tothe distribution of economic rights to such objects. At the same time, the choice of one oranother option will depend on the type of the IPR object, created on order (work or anotherIPR objects), and in some cases from the purpose of its creation (has been createdspecifically as a piece of software or not).In addition, the author discovered the existence of a legal conflict between the provisionsof Part. 4 Art. 440 and Art. 1112 of the Civil Code of Ukraine, Part 6 of Art. 33 ofthe Law of Ukraine «On Copyright and Related Rights» regarding the approach to thedistribution of economic rights, in particular, to works, created on order (except for worksof visual art). Also, it has been established that Art. 430 and Art. 1112 of the Civil Codeof Ukraine contain a different approach to determining the list of IPR objects, that can becreated on order.The article also disclosed the consequences of the existence of these inconsistencies forthe law enforcement practice, including for resolving the issue of choosing an appropriateform of agreement for the settlement of legal relations regarding the creation of IPR objects,other than a work, which are included in the concept of "an object, created on order"today. The fundamental importance of solving this issue for the educational sphere hasbeen revealed.Based on the results of the study, a general vision of possible options for the distributionof economic rights to IPR objects, created in higher education institutions of Ukraineon order, has been outlined. Also, suggestions to improve the legislation of Ukraine havebeen made.


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