Paesaggi collettivi Il silenzio delle proprietà collettive delle Valli del Germanasca nel Piano Paesaggistico Regionale del Piemonte

Communal land management is a structural element of the Alpine Mountains. In the Valleys of the Germanasca (TO), collective management has been carried out for centuries by means of extensive private shared ownership. These properties materialize the interrelations between the community and territory as identified by the first article of the European Landscape Convention. This contribution puts the theme of collective management of the highlands in the perspective of the recognition, by the urban tools regarding the theme of Landscape, of the “interrelations” between anthropic and natural elements, and in this case with respect to the Piedmont Regional Landscape Plan.

Collective Management of Natural Resources Based on Traditional Values in West Sumatera Indonesia

Collective management of natural resources based on local values and practices is essential for sustainable management of natural resources. This study reassessed the traditional collective management of natural resources related to agriculture in West Sumatera. Descriptive analysis was used to evaluate the Adat (custom) of Minangkabau in natural resources management. The results showed that forest and stream are essential to the community as they provide ecosystem services such as clean air and the guidance of community culture. In managing the natural resources, Adat and religious values are fundamental principles. Based on these values, the traditional practices to protect and utilize nature are Rimbo Larangan (prohibited forest) and Lubuak Larangan (prohibited river). Additionally, Parak (agroforestry), Tanah Ulayat (communal land for agriculture), and Alek Banda (harvest ceremony) are the collective management of natural resources related to agriculture. These practices are based on fundamental principles, which are; (1) collective knowledge of Adat; (2) role of indigenous leader; and (3) Mufakat (consensus) in the decision-making process. Based on these traditional practices, the community can utilize the natural resources fairly and sustain the nature. Thus, this study suggests that the Adat Minangkabau in natural resource management needs to be conserved by utilizing traditional indigenous concepts.

ANALISIS PENERAPAN PEMBAYARAN ROYALTI HAK CIPTA LAGU PADA USAHA HIBURAN KARAOKE (Studi Kasus Orange Family Karaoke)

Karaoke places are in great demand from various circles. All karaoke places have the same goal, which is to provide entertainment for the family or take a moment to unwind from the daily routine. Karaoke places always serve songs with various choices from all the creations of Indonesian singers. But of course the songs that are served have been licensed first. Regarding this license, basically it must be agreed by both parties without coercion. Copyright protection, especially for music or song creations, is a serious problem. This situation shows that there is still a need for stricter legal protection regarding the protection of royalties on a song or music copyrighted work and the protection of the rights contained therein. The purpose of the study was to determine the implementation of copyright royalty payments on songs between the creator and karaoke entertainment business actors and the inhibiting factors for the payment of copyright royalties on songs between the creator and performer in karaoke entertainment at Orange Family Karaoke. The method used in this research is empirical juridical. The data that has been systematically arranged were analyzed qualitatively. The results showed that the distribution of royalties is managed by the Collective Management Institute (LMK). The institution is authorized by the creator to exercise the economic rights of the creator. The barrier to royalty payments is due to the lack of socialization and understanding of royalty payments and the high cost of royalty payments. Keywords: Royalty, Copyright, Karaoke

Article 8—Use of Out-of-commerce Works and Other Subject Matter by Cultural Heritage Institutions

This chapter talks about Article 8 of Directive 2019/790, the European copyright directive in the Digital Single Market, which outlines provisions on the use of out-of-commerce works and other subject matter by cultural heritage institutions. It mentions the collective management organization that may conclude a non-exclusive licence for non-commercial purposes with a cultural heritage institution for the reproduction, distribution, and communication to the public or making available to the public of out-of-commerce works or other subject matter that are permanently in the collection of the institution. It also mentions the guarantee that all rightholders have equal treatment in relation to the terms of the licence. The chapter points out the liberty of rightholders to exclude their works or other subject matter from the licensing. It describes a work or other subject matter that is deemed to be out-of-commerce when it can be presumed that is not available to the public through customary channels of commerce.

Article 11—Stakeholder Dialogue

This chapter highlights Article 11 of the European copyright order, Directive 2019/790, concerning stakeholder dialogue. It obliges Member States to consult rightholders, collective management organisations, and cultural heritage institutions in each sector before establishing specific requirements. It also encourages regular dialogue between representative users' and rightholders' organisations, collective management organisations, and any other relevant stakeholder organisations on a sector-specific basis to foster the relevance and usability of licensing mechanisms. The chapter discusses the appropriate safeguards for all rightholders that are introduced by Directive 2019/790 for the use of out-of-commerce works or other subject matter. It also considers the licensing mechanisms established by this Directive in making sure that out-of-commerce works, or other subject matter are relevant and function properly.

Article 10—Publicity Measures

This chapter refers to Article 10 of Directive 2019/790 regarding copyright in Europe, which outlines provisions on publicity measures. It talks about Member States that are tasked to ensure that information from cultural heritage institutions, collective management organisations, or relevant public authorities is made permanently, easily, and effectively accessible on a public single online portal. It also clarifies that the portal will be established and managed by the European Union Intellectual Property Office in accordance with Regulation (EU) No 386/2012. The chapter discusses additional appropriate publicity measures that should be taken by Member States regarding the ability of collective management organisations to license works or other subject matter. It suggests that the awareness of rightholders could be raised in other Member States or third countries and covered by publicity measures.

EXPRESS: Comparing individual and collective management of referential choices in dialogue

Past research shows that when a discourse referent is mentioned repeatedly, it is usually introduced with a full NP and maintained with a reduced form such as a pronoun. Is this also the case in dialogue, where the same referent may be introduced by one person and maintained by another person? An experiment was conducted in which participants either told entire stories to each other or told stories together, thus enabling us to contrast situations in which characters were introduced and maintained by the same person (control condition) and situations in which the introduction and the maintaining of each character were performed by different people (alternating condition). Story complexity was also manipulated through the introduction of one or two characters in each story. We found that participants were less likely to use reduced forms to maintain referents in the alternating condition. The use of reduced forms also depended on the context in which the referent was maintained (in particular, first or second mention of a character) and on story complexity. These results shed light on how the pressure to signal understanding to one’s conversational partner affects referential choices throughout the interaction.

The Pathway Towards Digital Superpower: Copyright Reform in China

After going through four drafts and several consultations in the past decade, the Third Amendment of Copyright Law was finally adopted in China on 11 November 2020. The new Copyright Law will come into effect on 1 June 2021. This paper presents a comprehensive analysis of the major changes in the Third Amendment, including originality, copyright subject matter, scope of exclusive rights, copyright collective management organisations, digital rights management, and remedies. In addition, this paper discusses unsolved issues in the Third Amendment ‒ namely orphan works and those associated with artificial intelligence technologies ‒ for future copyright reform. By examining the amended provisions in the Third Amendment, this paper illustrates the multiple purposes underlying China’s recent copyright reform.

Legal aspects of usage out-of-commerce works by libraries and other institutions

Keywords: copyright; out-of-commerce works; cultural heritage institutions; exceptionsand limitation; representative organizations of collective management The article is devoted to the study of the norms of Directive2019/790 of the European Parliament and of the Council on copyright and relatedrights in the Digital Single Market, such as provisions on the permitted use of worksout-of-commercial circulation, that are permanently in the collections of libraries andothers cultural heritage institutions. The norms of this EU Directive, as well as theprovisions defined in the laws of some European countries, are analyzed in detail.The main provisions of the EU Directive are considered, which provide for a doublemechanism of permitted use of works of cultural heritage institutions: main and reserve.The essence of each mechanism is considered in detail.The article also considers the question of when the rights holders have the right torefuse, meaning not to allow cultural heritage institutions to use out-of-commerce works.A comparison is made between the norms of the legislation of Ukraine on copyrightand related rights concerning the free use of works by libraries and other culturalheritage institutions and the relevant norms of European legislation. It is establishedthat in the legislation of Ukraine the list of institutions that have the right tofreely reproduce works is limited only to libraries and archives. Unlike the provisionsof the EU Directive, norms of national legislation do not apply to museums, film andaudio funds. However, free reproduction is allowed only by reprographic method (photocopying)of copies, which restrains the possibility of freeing reproduction (digitization)of works using modern digital technologies.It is concluded that classical norms of the legislation on copyright and relatedrights with the development of relations in the digital environment are changing.Legislators are constantly searching for optimal ways to balance public and privateinterests. Whether the new rules will be successful depends on how states implementthe rules of the EU Directive in state law and how they will be applied in practice.