PENDIDIKAN POLITIK DALAM PERSPEKTIF AL-QUR’AN DAN HADITS

Islam is a perfect religion that not only regulates ritualistic relationships between humans and their creators, but Islam is a comprehensive religion that regulates all aspects of human life both spiritually and physically, as well as regulates human affairs in social life and lays down the principles of the nation and state. State, including matters related to politics, power and government, political education, in political Islam known as siyasa which studies matters concerning matters concerning the affairs of the people and the state with all forms of law, regulation, and policies made by the holder of power. The Qur'an also uses the term Sulthan, "Physical ability to exercise influence and or coercion on other people or society" Mulk, "Power as an object of right (ownership)", and bukm "Organizing order in human life. What is more discussed is related to the principles of leadership where humans are the main subject and at the same time the object in politics. These principles are deliberation, trustworthiness, fair dealing, leadership is responsibility, leaders must not deceive their people, leaders do not do wrong to their people, leaders must pay attention to the condition of the Islamic Ummah (welfare), leaders must act fairly in governing, leaders love their people and their people love him, positions because they are trusted are mandated not requested. This research is a research library (library research).

What Should Students Pay for University Course Readings?: An Empirical, Economic, and Legal Analysis

The digital transformation of knowledge dissemination and academic publishing have sparked copyright disputes in the educational sector related to the scope of fair dealing. This study contributes (a) an empirical basis for such discussions by analyzing 3,391 course syllabuses (2015–2020) from 34 Canadian universities, and (b) a potential resolution to the disputes to which this analysis is applied. Among the reading types, 26.6% of the syllabuses had readings from academic sources, while 8.3% of the syllabuses had media articles and trade book chapters (with some overlap). The syllabus data are used to calculate a per-page royalty charge, which is used to demonstrate a proposed three-step syllabus rule to avoid double-chargingstudents for academic materials (amounting to 90.1% of readings by pages), while fairly compensating professional authors and their publishers (9.9% of readings by pages). The three-step syllabus rule provides a sound rationale for charging each student $1.40 per year to cover royalty charges for readings assigned in Canadian university courses.

What Has Changed Since 2015? A New and Expanded Update on Copyright Practices and Approaches at Canadian Post-Secondaries

Objective – The aim of this study is to update our understanding of how Canadian post-secondary institutions address copyright education, management, and policy matters since our last survey conducted in 2015. Through the new survey, we seek to shed further light on what is known about post-secondary educational copying and contribute to filling some knowledge gaps such as those identified in the 2017 statutory review of the Canadian Copyright Act. Methods – In early 2020, a survey invitation was sent to the person or office responsible for oversight of copyright matters at member institutions of five Canadian regional academic library consortia. The study methods used were largely the same as those employed in our 2015 survey on copyright practices of Canadian universities. Results – In 2020, respondents were fewer in number but represented a wider variety of types of post-secondary institutions. In general, responsibility for copyright services and management decisions seemed to be concentrated in the library or copyright office. Topics covered and methods used in copyright education remained relatively unchanged, as did issues addressed in copyright policies. Areas reflecting some changes included blanket collective licensing, the extent of executive responsibility for copyright, and approaches to copyright education. At most participating institutions, fewer than two staff were involved in copyright services and library licenses were the permissions source most frequently relied on “very often.” Few responded to questions on the use of specialized permissions management tools and compliance monitoring. Conclusion – Copyright practices and policies at post-secondary institutions will continue to evolve and respond to changes in case law, legislation, pedagogical approaches, and students’ learning needs. The recent Supreme Court of Canada ruling on approved copying tariffs and fair dealing provides some clarity to educational institutions regarding options for managing copyright obligations and reaffirms the importance of user’s rights in maintaining a proper balance between public and private interests in Canadian copyright law.

Copyright in the Time of COVID-19: An Australian Perspective

COVID-19 has raised many challenges in terms of applying Australian copyright legislation and related policies to higher education context. This paper describes the experience of Copyright Officers at Curtin University and Murdoch University from the initial stages of border-control measures affecting delivery of learning materials to students in China, to the wider disruption of the pandemic with many countries implementing lockdown measures, to the current environment where remote delivery is the “new normal.” The Australian Copyright Act 1968 (Commonwealth of Australia) provides narrow fair dealing exceptions (sections 40 and 41) and broader but more uncertain flexible dealing exceptions (section 200AB), creating a barrier for educators providing access to the information resources needed for teaching, learning, and research. The uncertainty of applying section 200AB was exacerbated by the conditions caused by the pandemic. The authors describe their experiences in providing copyright support during the pandemic as well as how the copyright services adapted to meet requirements.

Proposals for copyright law and education during the COVID-19 pandemic

This article asks whether the catastrophic impact of the COVID-19 pandemic justifies new limitations or interventions in copyright law so that UK educational institutions can continue to serve the needs of their students. It describes the existing copyright landscape and suggests ways in which institutions can rely on exceptions in the Copyright, Designs and Patents Act 1988 (CDPA), including fair dealing and the exemption for lending by educational establishments. It then considers the viability of other solutions. It argues that issues caused by the pandemic would not enliven a public interest defence to copyright infringement (to the extent this still exists in UK law) but may be relevant to remedies. It also argues that compulsory licensing, while permissible under international copyright law, would not be a desirable intervention, but that legislative expansion to the existing exceptions, in order to encourage voluntary collective licensing, has a number of attractions. It concludes by observing that the pandemic highlights issues with the prevailing model for academic publishing and asks whether COVID may encourage universities to embrace in-house and open access publishing more swiftly and for an even greater body of material.

Comparison of fair use and fair dealing concepts in copyright law and their meaning for libraries

The paper analyzes similarities and differences between fair use and fair dealing doctrines in copyright law that allow for limited use of copyright-protected material without the need of permission from the rightholder. Both concepts have long been part of legislation but have recently gained special interest due to the wide spread of digital technologies and the ease of copying materials, both text ones and any other digitized materials. What kind of use may be deemed fair and what may not, has become the question of everyday interest. Copyright exceptions implemented in the form of fair use or fair dealing concepts are of special importance to libraries. However, their application is far from trivial and the situation is further complicated by insufficiently understood difference between the two concepts. The paper reviews general approach implemented in both described doctrines, terminology issues, similarities and dissimilarities of the doctrines, their territorial coverage, and historic origins of doctrine differences. The doctrine having originated in the United Kingdom and developed in the United States has become an example, a pattern that is followed in legislation of many countries worldwide. Fair use/fair dealing concepts have found their reflection in Russian copyright law in the form of “free use” of a work without author’s permission and without copyright fee payment. The paper further deals with the significance of fair use doctrine for library collections digitization and other applications of technology innovation. A prediction is made for growing importance of fair use and fair dealing copyright exceptions in the nearest future.

Copyright Concerns for Educators: Online Learning Post Pandemic Effect

Online distance education was once a process that was not easily been accepted by students, even by the educators, but when the pandemic strikes, they had to adopt and adapt the process in order to gain knowledge. The COVID-19 has resulted in shutting down schools, including tertiary institutions, all across the world. Consequently, education changed dramatically, and the mode of teaching was done remotely and on a digital platform. One of the adoptions of online learning involves using numerous online platforms and inserting interactive programs, music, animated graphics, photos in the teaching material to attract the interest of students. These types of works are, more often than not, copyrighted works that belong to someone. Generally, a license or permission must be sought before these works can be used by anyone. The permission or license, once granted, would involve a licensing fee or royalty payments to the copyright owner. However, this article looks at the law relating to the copyright exploitation awareness in the context of the law of intellectual property and the exceptions to this law, in particular, the scope of the hybrid fair dealing defence for education. This paper employs a doctrinal analysis using secondary data from academic journals, books, and online databases. The findings will respond to the legal framework for the understanding of copyright exploitation and its exception in the post-pandemic era.

Most Canadian Universities and Colleges Outside of Quebec Rely on Fair Dealing Rather than Access Copyright

A Review of: Henderson, S., McGreal, R., & Vladimirschi, V. (2018). Access Copyright and fair dealing guidelines in higher educational institutions in Canada: A survey. Partnership: The Canadian Journal of Library and Information Practice and Research, 13(2), 1-37. https://doi.org/10.21083/partnership.v13i2.4147 Abstract Objective – To investigate the interpretations of fair dealing applied across Canadian post-secondary educational institutions outside of Quebec and to determine whether such institutions have a licence with Access Copyright. Design – Descriptive/quantitative study. Setting – Canadian post-secondary education sector, excluding Quebec. Subjects – A total of 159 Canadian post-secondary institutions outside of Quebec, including 75 universities and 84 colleges. Methods – A list of Canadian post-secondary educational institutions outside of Quebec was compiled. Data from participants relating to the research objective—reliance on an Access Copyright licence or use and interpretation of fair dealing—was collected via internet searches or, if unavailable online, via direct telephone communication with participants. Main Results – A majority of Canadian post-secondary educational institutions outside of Quebec, approximately 78% (124 institutions), did not have a licence with Access Copyright. The smaller the institution, the likelier it was to have an Access Copyright licence. This was in part linked to the fact that smaller institutions typically do not have staff specializing in copyright; savings from terminating Access Copyright licences (charged on a per student basis) would not justify the creation of such positions. Regarding fair dealing, 18% of study participants based their approach on the Supreme Court of Canada’s six-factor test (29 institutions), while 53% applied the fair dealing guidelines created by Universities Canada (85 institutions). Conclusion – Most of the institutions studied did not have Access Copyright licences and were relying on fair dealing instead, suggesting a bellwether for the copyright climate in the Canadian higher education sector towards fair dealing. Institutions may benefit from a future national consensus regarding interpretations of fair dealing concepts.

EXCEPTIONS AND LIMITATIONS ON PROPERTY COPYRIGHT ACCORDING TO THE LAWS OF THE UNITED KINGDOM AND UKRAINE: A COMPARATIVE ANALYSIS

The author in the article explores the provisions of «The Copyright, Designs and Patents Act», concerning exceptions to copyright (Copyright Exceptions). The article describes the provisions of the Chapter III of the UK law «Acts Permitted in relation to Copyright Works».It is established that Copyright Exceptions allow the use of works by any person that will not be considered as copyright infringement in compliance with the conditions specified by law. This formulation differs from the norms of national legislation.Articles 21−25 of the Law of Ukraine define the norms on free use of works. In general, works may be used without the permission of the copyright subject and without payment of remuneration for compliance with the conditions specified in these articles of the Law.Unlike national law, UK law provides exceptions where the use of work will not be considered as copyright infringement. This approach is considered the basis of the doctrine of «fair dealing». The doctrine defined by UK law is used to establish in practice in each case legality of actions of the person. A comparison is made between «the free use» and «fair dealing». The difference between these concepts are established. Despite these differences, the doctrines of «fair dealing» and «free use » do not contradict each other. They are similar in terms of defining exceptions to copyright, when the property rights of copyright holders are limited, sothe use of works by any person will not be considered as infringement of this right.The article analyzes main exceptions, provided by the UK Act:1. Exceptions in the interests of persons with visual disabilities.2. Exceptions for educational establishments.3. Exceptions for libraries, archives.4. Exceptions for the purpose of parliamentary and judicial proceedings.5. Exceptions to copyright in computer programs, databases.6. Other exceptions.The author describes in detail Copyright Exceptions that are new to national legislation.Based on the analysis, the author draws conclusions. Unlike the Law of Ukraine, the list of copyright exceptions in the UK Law is expanded.The law of this country takes into account almost all exceptions and limitations to copyright provided by European law. The conditions under which the use of a work by a person will not be considered as copyright infringement are quite detailed.Unlike the law of the United Kingdom, the Law of Ukraine does not currently have such restrictions on property copyrights as «Making of temporary copies», «freedom of panorama», «reproduction of works for the purpose of parliamentary proceedings», «reproduction of works for demonstration or repair of equipment». The current provisions of the Law of Ukraine about the free use of works need to be supplemented. Regulations about the free reproduction of works for study, reproduction of works by libraries, archives need to be clarified. The author in the article analyses the other issue of application of copyright exceptions and provides proposals for amendments to national copyright law.