Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Intellectual Property Law (49)
- Computer Law (8)
- Constitutional Law (8)
- Criminal Law (8)
- Entertainment, Arts, and Sports Law (8)
-
- Internet Law (8)
- Civil Law (7)
- Contracts (7)
- Jurisprudence (7)
- Law and Politics (7)
- Administrative Law (6)
- Courts (6)
- Human Rights Law (6)
- International Law (6)
- International Trade Law (6)
- Legislation (6)
- Privacy Law (6)
- Public Law and Legal Theory (6)
- Supreme Court of the United States (6)
- Banking and Finance Law (5)
- Bankruptcy Law (5)
- Business Organizations Law (5)
- Civil Procedure (5)
- Conflict of Laws (5)
- Construction Law (5)
- Criminal Procedure (5)
- Family Law (5)
- Government Contracts (5)
- Health Law and Policy (5)
- Institution
-
- National Law School of India University (16)
- Pepperdine University (6)
- Universitas Indonesia (6)
- William & Mary Law School (4)
- American University Washington College of Law (3)
-
- Marquette University Law School (3)
- Roger Williams University (3)
- Boston University School of Law (2)
- Georgetown University Law Center (2)
- Georgia State University College of Law (2)
- Northwestern Pritzker School of Law (2)
- Osgoode Hall Law School of York University (2)
- St. John's University School of Law (2)
- University of Georgia School of Law (2)
- University of Kentucky (2)
- University of Miami Law School (2)
- Vanderbilt University Law School (2)
- California State University, Monterey Bay (1)
- California Western School of Law (1)
- City University of New York (CUNY) (1)
- Cleveland State University (1)
- Columbia Law School (1)
- Edith Cowan University (1)
- Florida A&M University College of Law (1)
- George Washington University Law School (1)
- Mississippi College School of Law (1)
- Pace University (1)
- Schulich School of Law, Dalhousie University (1)
- The University of Akron (1)
- University of Colorado Law School (1)
- Publication
-
- Indian Journal of Law and Technology (16)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (5)
- Pepperdine Law Review (5)
- Faculty Scholarship (4)
- Joint PIJIP/TLS Research Paper Series (3)
-
- Marquette Intellectual Property & Innovation Law Review (3)
- Articles (2)
- Georgia State University Law Review (2)
- Law Faculty Scholarly Articles (2)
- Law Library Newsletters/Blog (2)
- Northwestern Journal of Technology and Intellectual Property (2)
- St. John's Law Review (2)
- William & Mary Law Review (2)
- Akron Law Review (1)
- All Papers (1)
- Articles & Book Chapters (1)
- Briefs (1)
- Canadian Journal of Law and Technology (1)
- Capstone Projects and Master's Theses (1)
- Cleveland State Law Review (1)
- Faculty Publications (1)
- Florida A & M University Law Review (1)
- GW Law Faculty Publications & Other Works (1)
- Georgetown Law Faculty Publications and Other Works (1)
- IPIPC Papers & Reports (1)
- Journal Articles (1)
- Journal of Intellectual Property Law (1)
- Jurnal Hukum & Pembangunan (1)
- Law Faculty Scholarship (1)
- Law Publications (1)
- Publication Type
Articles 1 - 30 of 79
Full-Text Articles in Law
Pengelolaan Royalti Dari Pencipta Lagu Yang Tidak Terdaftar Di Lembaga Manajemen Kolektif Oleh Lembaga Manajemen Kolektif Nasional, Mohamad Thaufiq Rachman
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
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
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
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
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 …
How Sample Clearance Has Affected Hip-Hop Music-Making, Bryan J. Brewster
How Sample Clearance Has Affected Hip-Hop Music-Making, Bryan J. Brewster
Capstone Projects and Master's Theses
This paper will explain how sample clearance has impacted hip-hop music-making. It will explain what a sample is and show the historical significance of sampling in hip-hop. I will briefly discuss the basics of copyright and the process of clearing a sample. This paper will also look into legal cases of copyright infringement to show the impact of specific cases and analyze data to determine if the amount of sample clearance has changed because of the decisions of the courts. The main goal of this paper is to highlight the significance of sampling in hip-hop, the inherent challenges of legally …
The Higher-Cost Problem: How The Case Act Addresses The History Of Inequity In The American Copyright Regime, Michael Newell
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
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 …
The 14th Annual Sir Hugh Laddie Lecture - Mr. Justice Laddie And His Intellectual Property Cases: Of Millefeuilles And A Fish Called Elvis, David Vaver
Articles & Book Chapters
For me, it was a trip through the judgments of a master craftsman who could succinctly summarize the dispute before him; weigh the conflicting evidence; say what rang true and what did not; state the applicable law, often from first principles set in their historical and policy context; and end by saying who won and lost and what to do. Copyright law might be "over-strong", as he suggested in a 1996 lecture;14 but when he had to decide whether a TV documentary critical of cheque-book journalism could freely use another channel's footage to make its point, Laddie J. said his …
The Status Of Reproduction Rights Organisations (Rros) In Africa, Desmond Oriakhogba, Dick Kawooya
The Status Of Reproduction Rights Organisations (Rros) In Africa, Desmond Oriakhogba, Dick Kawooya
Joint PIJIP/TLS Research Paper Series
This report is based on desk research conducted from June 2021 to May 2022 by way of a survey of publicly available information on Reproduction Rights Organisations (RROs) in all 55 African Union (AU) member states. It is the first of a two-part study. The second part of the study will be conducted as empirical research where data will be obtained from relevant stakeholders in the collective management systems of African countries to address key issues flagged in this report as requiring further evidence.
This report examines the current status of RROs in Africa to help inform policy and legislative …
Creativity Without Ip? Vindication And Challenges In The Video Game Industry, Bj Ard
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 …
Reforming Copyright Or Toward Another Science? A More Human Rights-Oriented Approach Under The Rebspa In Constructing A "Right To Research" For Scholarly Publishing, Klaus Beiter
Joint PIJIP/TLS Research Paper Series
This article identifies copyright impediments existing in the sphere of science, to then make (tentative) suggestions as to how these may be overcome. It focuses on scholarly publishing only, and here primarily on digital content, specifically asking whether expensive commercial scholarly publishers continue to “add value” to research in the digital era. The deficits of copyright law and potential solutions thereto are assessed in the light of the right of everyone “to enjoy the benefits of scientific progress and its applications” (REBSPA) as laid down in Article 15(1)(b) of the International Covenant on Economic, Social and Cultural Rights (ICESCR) of …
Research Exceptions In Comparative Copyright, Sean Flynn, Luca Schirru, Michael Palmedo, Andrés Izquierdo
Research Exceptions In Comparative Copyright, Sean Flynn, Luca Schirru, Michael Palmedo, Andrés Izquierdo
Joint PIJIP/TLS Research Paper Series
This Article categorizes the world’s copyright laws according to the degree to which they provide exceptions to copyright exclusivity for research uses. We classify countries based on the degree to which they have a research exception in their law that is sufficiently open to be able to permit reproduction and communications of copyrighted work needed for academic (i.e. non-commercial) text and data mining (TDM) research. We show that nearly every copyright law has at least one exception that promotes uses for research purposes. We find six different approaches to the provision of research exceptions that implicate application to TDM. Notably, …
Database Floklore Dalam Undang-Undang Tentang Hak Cipta Dan Undang-Undang Tentang Pemajuan Kebudayaan, Lora Sinta Sulistiorini
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 …