Law Commons^™

Pengelolaan Royalti Dari Pencipta Lagu Yang Tidak Terdaftar Di Lembaga Manajemen Kolektif Oleh Lembaga Manajemen Kolektif Nasional, Mohamad Thaufiq Rachman

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Royalty is a reward received by the author or owner of the related right concerning the utilization of their Economic Rights following Article 1 point 21 of Law No. 28, 2014 regarding Copyright ("UUHC 2014"). Royalty could also be interpreted as a form of appreciation for the Author's Works, such as song and/or music. Encouraging the spirit of industry players, including songwriters, is essential for continuous growth. As mentioned in the general explanation section of UUHC 2014, Copyright is the most important basis of the national creative economy. With the fulfillment of the protection and development of this creative economy, …

Perlindungan Hak Cipta Terhadap Penggandaan Permainan Video (Copyright Protection Against Video Game Copying), Ahmad Fajri Wibowo

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Copyright protection provides legal protection to creative industries. One of the creative industries that need to be protected is the video game industry. The development of video games in Indonesia is very fast, therefore legal protection is needed to maintain the development of the video game industry. Basically a video game is an object of creation contained in Law Number 28 of 2014 concerning copyright. In the development of the video game industry, there are problems that occur such as the number of illegal copies of video games. Thus, copyright protection plays a very important role in maintaining the video …

Perlindungan Hukum Atas Ulos Sebagai Ekspresi Budaya Tradisional, Yoshua Ruselvelt P Sidabutar

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Traditional cultural expressions are a way of life for the Indonesian nation that teaches traditions, wisdom, values, communal knowledge packaged and passed on to posterity through tales, legends, arts and ceremonies which gradually form the social norms and way of life of the Indonesian nation. Indonesia is a country that consists of various tribes and cultures so that it has priceless Traditional Cultural Expressions and really needs to be protected. One form of traditional cultural expression in Indonesia is ulos cloth, which is a fabric product that is known internationally. This research uses juridical-normative legal research, where in collecting writing …

Perlindungan Hak Cipta Atas Konten Webinar Serta Akibat Hukum Merekam Dan Menggungah Konten Webinar Tanpa Persetujuan, Nabila Nabila

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The Covid-19 pandemic period has changed the pattern of daily activities from normal to new normal. For example, seminars, which are usually, conducted face-to-face, change to online or what are known as webinars. The legal aspect that is closely related to webinars is the legal aspect of copyright. Organizing online seminars is considered easier because neither the participants nor the speakers need to leave the house to continue carrying out the seminar. Supported by technological developments, this webinar can also be recorded so that participants who are late for the webinar can still know the material presented through the recorded …

Perlindungan Hukum Terhadap Bentuk Fiksasi Dalam Karya Musik Berdasarkan Perkembangan Undang-Undang Hak Cipta, Boy Brian E.S

"Dharmasisya” Jurnal Program Magister Hukum FHUI

This journal aims to discuss the protection of copyright law against tapes converted into the form of a sound recording or a tool shaped CD (Compact Disc), in addition it is to discuss how enforcement against violations fixation in a piece of music that is poured into a recording tool so that it can be enjoyed through the CD. This journal will discuss about the forms of piracy which often occur in the field of copyright songs and music. In this journal will be discussed also about violations in the field of copyright songs or music that will be penalized …

The Higher-Cost Problem: How The Case Act Addresses The History Of Inequity In The American Copyright Regime, Michael Newell

University of Miami Law Review

The legislative history of copyright law in the United States and its judicial interpretation resulted in a complex web of statutes and doctrine theoretically meant to further the constitutional goal of “promot[ing] the Progress of Science and the useful Arts.” But because of its complexity, enforcing rights against infringers in federal court became prohibitively expensive for most. The American copyright regime simultaneously allowed the music industry to unfairly profit from the creativity of the under-resourced—particularly, musicians of color.

This Note discusses the disparate impact of the American copyright regime. Then, the Note discusses the Copyright Alternatives in the Small-Claims Enforcement …

Proving Copying, Shyamkrishna Balganesh, Peter S. Menell

William & Mary Law Review

Proof that a defendant actually copied from a copyrighted work is a critical part of a claim for copyright infringement. Indeed, absent such copying, there is no infringement. The most common method of proving copying involves the use of circumstantial evidence, consisting of proof that a defendant had “access” to the protected work, and a showing of “similarities” between the copy and the protected work. In inferring copying from the combination of such evidence, courts have for many decades developed a framework known as the “inverse ratio rule,” which allows them to modulate the level of proof needed on access …

Creativity Without Ip? Vindication And Challenges In The Video Game Industry, Bj Ard

Washington and Lee Law Review

This Article intervenes in the longstanding debate over whether creative production is possible without exhaustive copyright protection. Intellectual property (IP) scholars have identified “negative spaces” like comedy and tattoo art where creativity thrives without IP, but critics dismiss these examples as niche. The video game industry allows for fresh headway. It is now the largest sector in entertainment—with revenues greater than Hollywood, streaming, and music combined—yet IP does not protect key game elements from duplication. Participants navigate this absence using non-IP strategies like those identified in negative-space industries: AAA developers invest in copy-resistant features while indie game developers rely on …

Database Floklore Dalam Undang-Undang Tentang Hak Cipta Dan Undang-Undang Tentang Pemajuan Kebudayaan, Lora Sinta Sulistiorini

Jurnal Hukum & Pembangunan

Law 28/2014 on Copyright and Law 5/2017 on Cultural Promotion have a major role in regulating and protecting floklore. This can be seen from the norms that regulate the mechanism for protecting floklore in Article 38 paragraph (2) of the Copyright Law, which states that the state is obliged to make an inventory, maintain, and maintain traditional cultural expressions.law a quo also regulates the procedures for recording as contained in Articles 66-72. Not only that, the Law for the Advancement of Culture also regulates the floklore database through Articles 16-26 of a quo. The two laws then raise the question, …

Letting Anarchy Loose On The World: The Anarchist Cookbook And How Copyright Fails The Author, Debora Halbert

Akron Law Review

The Anarchist Cookbook by William Powell remains one of the most controversial books in print, even 50 years after its first publication. The story to be told about its ongoing publication can teach us about the politics of authorship, ownership, publication, copyright assignments, the public domain, and the legacies our printed words leave behind. Later in life Powell regretted publishing the book and wished that it would be removed from publication and circulation but stated that he did not own the copyright and so could not control the book. However, even at his death the book remained in print and …

The Right-To-Education Responsibilities Of Book Publishing Companies, Emmanuel Kolawole Oke

Indian Journal of Law and Technology

The responsibilities of copyright owners, specifically book publishers, should be construed from a human rights perspective. Building on the work of John Ruggie and his ‘Guiding Principles on Business and Human Rights,’ this paper contends that book publishers have a responsibility to respect human rights including the right to education. As it relates to copyright law, respecting the right to education entails respecting the measures that countries have incorporated into their national copyright laws to facilitate access to learning materials. Furthermore, corporate actors that own copyright in learning materials should not use litigation or the threat of litigation to try …

The Proposed Treaty For The Protection Of Broadcasting Organizations: Old Wine In A New Bottle?, Nehaa Chaudhari, Amulya Purshothama

Indian Journal of Law and Technology

This article analyses the proposed WIPO Treaty for Protection of Broadcasting Organizations (“Broadcast Treaty”) and argues that (a) The need for the Broadcast Treaty has not been fully established and b) even if there were such a need for the Broadcast Treaty (purportedly to help counter signal piracy), the proposed draft of the treaty deviates from this approach towards a ‘rights-based’ approach, creating a ‘paracopyright’ regime, potentially creating chilling effects on legitimate end uses of copyrightable material.

Fair Dealing Of Computer Programs In India, Rahul Matthan, Nikhil Narendran

Indian Journal of Law and Technology

This essay analyses the amendments to the Copyright Act introduced in 1994 that dealt with fair dealing provisions for computer programs. The authors identify fair dealing as a user right rather than a defense right on the basis of judicial decisions on the point. They discuss the statutory exceptions to copyright for the purposes for which the program was supplied and to achieve inter-operability of a program. The authors also discuss the restrictions upon such fair dealing provisions, such as their accrual only to the lawful possessor of the program and their use solely for the purpose of achieving the …

Beyond Copyright: Possible Solutions To An Internet Governance Regime, Meera Jayakumar, Hemangini Dadwal

Indian Journal of Law and Technology

There has been much debate over the general proposal that IP law should be re-designed to suit the climate of cyberspace.However, in this paper, we propose that the very premise of IP law in general, and copyright in particular, as it stands on its own, is redundant for the regulation of the internet. Consequently, we propose two regulatory solutions that can complement the present copyright law regime through improved control over access to data spread over the internet, viz., the Creative Commons approach and the Tier Model for internet regulation.

Of Square Pegs And Round Holes: Towards A New Paradigm Of Database Protection, Deepu Jacob, Prasan Dhar

Indian Journal of Law and Technology

This article looks at the question of the applicability of copyright law to the protection of databases. It features a detailed discussion of the EU Database Directive, which is the only comparable legal framework for the protection of databases. It then discusses some problems that the EU Directive encounters vis-à-vis public interest concerns, and outline why the EU Directive is unable to strike the right balance, both in principle and in practice. Next, it briefly studies database protection law as it exists in the United States, Australia, Canada and finally India, following which the need for protection of databases in …

Oxford University V. Rameshwari Photocopy Services - Reshaping The Copyright Discourse, Kartik Chawla

Indian Journal of Law and Technology

This essay analyses the judgment of the Division Bench of the Delhi High Court in the case of University of Oxford v. Rameshwari Photocopy Services3 from the perspective of fair use and the public domain, and the importance of the educational exceptions in contrast with the private property and trade-centric discourse of copyright. The essay is divided into five parts. After the introduction, the second chapter discusses the importance of commons in the core philosophy of copyright law, and how this has been subsumed by the private property discourse in the recent decades. The third chapter provides a brief summary …

Oxford University V. Rameshwari Photocopy Services - Reshaping The Copyright Discourse, Kartik Chawla

Indian Journal of Law and Technology

This essay analyses the judgment of the Division Bench of the Delhi High Court in the case of University of Oxford v. Rameshwari Photocopy Services3 from the perspective of fair use and the public domain, and the importance of the educational exceptions in contrast with the private property and trade-centric discourse of copyright. The essay is divided into five parts. After the introduction, the second chapter discusses the importance of commons in the core philosophy of copyright law, and how this has been subsumed by the private property discourse in the recent decades. The third chapter provides a brief summary …

Trai Tariff Orders – Effect On Broadcasting Sector, Ameet B. Naik

Indian Journal of Law and Technology

Tony Benn, the veteran British Labour politician, as the then Minister of Technology in 1968, made the statement in the context of journalism. However, in the current Indian current scenario, the quote measures true with respect to the entire broadcasting sector, with Telecom Regulatory Authority of India (TRAI) scampering to regulate the third largest broadcasting market in the world.2 The article deals with the impact of the TRAI Tariff Orders passed from time to time to regulate the broadcasting sector. The author acknowledges TRAI’s competence to fixing tariff, as has been judicially held,3 but questions the extent to which the …

A Legal-Comparison Of The India Software Law And The Software Law Of Germany, Thomas E. Soebbing

Indian Journal of Law and Technology

India has emerged as one of the leading destinations for offshore outsourcing in the software industry and has attracted the attention of software industries of several countries including Germany. In order to sustain this outsourcing relationship, the legal frameworks of these countries play a very important role. In this article, the author conducts a comparative analysis of Indian and German laws that impact the software industry, mainly dealing with three fields: first, Copyright Law impacting the protection of intellectual rights over software; second, Contract Law specifically dealing with software contracts and nature of such transactions and, finally, the remedies available …

Of Bollywood Songs, Film Producers And Collecting Societies: Locating The Rights Of The Composers, Poorna Mysoor

Indian Journal of Law and Technology

Bollywood films are known for their songs, and in many cases Bollywood films are known because of the songs. It is not merely in Bollywood films that songs have a significant role, but also in the lives of myriad composers, lyricists, singers and so on, lending an opportunity for their creative expression in addition to serving as a means of livelihood. Ideally, it should be possible for composers to be able to earn an income by composing music for films, as well as by being a member of a collecting society in such a way as to maximize their returns. …

Limitations And Exceptions In The Digital Era, William Patry

Indian Journal of Law and Technology

Ideological polarization has hijacked copyright debates, drowning out the question: how do we get our copyright laws to do what we want them to do? The term “limitations and exceptions” assumes that the ability to control all unauthorized uses is the norm. This special comment asserts that private rights should never trump public interest, and that our copyright laws must reflect this principle. Copyright law must be grounded in current technological and market conditions in order to accomplish its lofty objectives. Even as changes wrought by digital technology are at the core of most debates over copyright, there is a …

A Collective Rights Society For The Digital Age, John Maloney

Indian Journal of Law and Technology

Variations in digital copyright law in the international sphere have created unnecessary transaction costs to both consumers and producers who wish to transfer digital media efficiently. This article argues that the international community should create a collective rights organisation to bring uniformity, fairness, and efficiency to the process of transferring digital media and endeavours to construct the ideal model for such a collective rights organisation by describing a hypothetical collective rights organisation named PICRO (Possible International Collective Rights Organisation) and examining its operation using the example of digital music distribution. By illustrating the PICRO model in the light of current …

Permanent Downloads And The Resale Of Digital Content: Another Exhausting Journey?, Aparajita Lath

Indian Journal of Law and Technology

The rise of digitally supplied content has created several ambiguities regarding the treatment of such content as goods or services. The shift in the medium of delivery from physical objects to digital formats has raised several questions in the realm of copyright law. The concepts of exhaustion and first sale, the interpretation of which in the Indian context is already arguably confused, now face additional uncertainties and ambiguities. This paper seeks to identify questions that arise in the field of copyright law due to the emergence of this new medium of delivery, such as whether the circulation of digital content …

Evolution Of Copyright Law: The Indian Journey, Justice Prathiba M. Singh

Indian Journal of Law and Technology

Out of all the forms of protection given to innovation and creation, copy- right law is the most versatile. This law encompasses recognition, protection and enforcement of rights for a very large variety of creative works including traditional forms of works such as books, articles, poetry, lyrics of songs, paintings, musical compositions, sculpture, architecture, script in a drama or a film, to modern forms of copyrighted works such as computer software, databases, compilations, broadcasts etc. Protection for copyright finds its justification in fair play. The law strikes a fine balance between the rights and interests of authors/owners of copyright and …

Copyright, Cultural Production And Open-Content Licensing, Lawrence Liang

Indian Journal of Law and Technology

This article seeks to introduce the complex world of open-content licences against the backdrop of the massive expansion of copyright in recent years and the increasing threat posed by copyright licences to the world of cultural production. The world of open content has been inspired by the free software movement and hence this article begins with an overview of the conceptual challenges posed to copyright by free software movement. It then moves into an analysis of the ways in which the terms of free software may be understood for the purposes of cultural production and what such a translation may …

The Politics Of Pirates: Jonas Andersson Schwarz’S “Online File Sharing”, Gautam Bhatia

Indian Journal of Law and Technology

The international debate over file-sharing is defined by polarities. Some view this conflict as a battle for internet openness against the efforts of the film and music industry to bring about a second Enclosure Movement, this time against the worldwide digital commons. Others, however, consider it to be a legitimate law-enforcement operation against wilful facilitators of large-scale copyright infringement. In his book, Online File Sharing, published in early 2014, Jonas Andersson Schwarz argues that this dichotomy is a deeply flawed way of understanding the file-sharing dispute. Using tools from critical theory and political philosophy, Schwarz aims to break down the …

A Potential Status Update For The Visual Artists Rights Act: The Role Of Social Media Response In Judicial Analysis Of Recognized Stature, Olivia Calamia

St. John's Law Review

(Excerpt)

In 2020, visual artists used the power and reach of social media platforms to share works of art inspired by the Black Lives Matter movement, which experienced renewed vigor following the police murder of George Floyd on May 25, 2020. Many of these works have taken the form of murals painted on city streets, building faces, and other spaces that promote public viewing. Many artists hope that their works will endure long past this moment of social and political reckoning. Manhattan based artist Amir Diop expressed his wishes simply but eloquently: “My hope is that [my art] is a …

Are Cryptopunks Copyrightable?, Brian L. Frye

Pepperdine Law Review

Larva Labs’ CryptoPunks NFTs are iconic. Created in 2017, they were among the first NFTs on the Ethereum blockchain. Four years later, they are among the most valuable, selling for anywhere from $200,000 to millions of dollars. The CryptoPunks collection consists of 10,000 NFTs, each of which is associated with a unique CryptoPunks image. Everyone knows who owns each CryptoPunks NFT. The Ethereum blockchain provides indelible proof. But people disagree about who owns - and who should own - the copyright in the CryptoPunks images. Most CryptoPunks NFT owners believe they should own the copyright in the image associated with …

Protecting Fair Use From Algorithms, Internet Platforms, And The Copyright Office: A Critique Of The § 512 Study, Mary Kate Sherwood

St. John's Law Review

(Excerpt)

In 1994, the Supreme Court of the United States held that a musical group’s parody of a well-known song could be fair use, which is a noninfringing use of copyrighted content. In 2006, the Second Circuit found that an artist’s use of copyrighted photographs in his own artwork constituted fair use. In 2016, the Ninth Circuit found that a video of a child dancing to a short clip of a copyrighted Prince song could be fair use. But in 2022, a creator who attempts to share her fair use of copyrighted material online may not have recourse to the …

Copyright Page, Georgia State University Law Review

Georgia State University Law Review

No abstract provided.