Copyright Infringement Cases Research Articles

Laws on Copyright Protection for Cinematographic Works in Cyberspace: A Qualitative Study from Vietnam

In recent years, along with the development of social networks, many challenges have arisen in protecting copyright for digital works, especially cinematic works. Accordingly, in Vietnam there have been many cases of copyright infringement but not absolutely protected. For example: cinematic works are shared on internet platforms without the consent of the producer, audiences through livestreams have shown the works on social platforms or the audience reviews the details of the works, which causes the sales of the above works to decrease... Although the Government of Vietnam has issued many mechanisms to protect cinematographic works in the context of digital technology development. However, implementation still faces many difficulties. Through qualitative research, the article will clarify issues related to copyright protection measures for cinematographic works through administrative and civil measures in Vietnam. Beside that, the authors will provide recommendations and solutions to improve the copyright protection mechanism for cinematic works in cyberspace in Vietnam in the current context.

Legal Provisions and Practical Effects of Burden of Proof in Online Copyright Infringement Cases Under China’s Copyright Law

This paper explores the legal provisions and practical effects of the burden of proof in online copyright infringement cases under China’s Copyright Law. With the rapid growth of digital technology and the increasing prevalence of online platforms, copyright infringement has become a significant challenge in China. The paper examines the specific rules set forth in the Copyright Law, particularly those that allow for a shift in the burden of proof upon the presentation of preliminary evidence by the copyright holder. It analyzes the impact of these provisions on both plaintiffs and defendants, highlighting the benefits of empowering copyright holders and the challenges associated with procedural fairness, evidentiary standards, and judicial consistency. The paper also discusses the evolving use of digital evidence, such as blockchain technology, and the need for clearer guidelines to balance the rights of all parties. Ultimately, it argues for continued refinement of the legal framework to ensure effective and equitable copyright enforcement in the digital age.

Perlindungan Hukum Terhadap Hak Kekayaan Intelektual Hak Cipta dalam Perspektif Hukum Pidana

Indonesia is a country of law, not a country of power. This declaration is clearly explained in Article 1 paragraph (3) of the 1945 Constitution. As a constitutional state, Indonesia has a number of legal provisions. One of the provisions of this law is copyright law. Meanwhile, copyright actually falls within the scope of the Intellectual Property Rights (IPR) Law. This research uses many approaches, including a legal approach which is carried out by examining all legal provisions relating to the legal issues being studied. Apart from that, the conceptual approach also deviates from the perspectives and theories developed in legal science. One of the common obstacles is weak law enforcement against copyright infringement. This is caused by various factors, including a lack of human resources, technology and budget for copyright enforcement. In addition, courts continue to face obstacles in handling copyright infringement cases, including judges' limited knowledge of copyright and a lack of evidence. It can be concluded that copyright law enforcement in Indonesia still faces several problems, such as weak supervision and inefficient law enforcement. This has an impact on the number of piracy cases that occur in Indonesia. To increase the application of criminal sanctions for copyright infringement, the Indonesian government needs to strengthen law enforcement and provide education and training to judges and other judicial personnel.

Research on the Copyability of AI-generated Image in the Context of the Copyright Law of the PRC - Based on the First Copyright Infringement Case of AI-Generated Image

The first copyright infringement case of AI-generated images was concluded in the first instance, but the related disputes have not been settled. The core issues focus on two aspects: First, whether the works generated by AI should be protected by the Copyright Law of the PRC; Second, under the framework of the Copyright Law of the PRC, how to characterize AI-generated images. From a factual perspective, users of AI models are not creators of AI-generated image; From a value perspective, AI cannot also be considered an author within the meaning of the Copyright Law of the PRC. Therefore, AI-generated image are not copyrightable and should not be included in the object scope of protection by the Copyright Law of the PRC. From the perspective of cost and benefit, there is no need for AI-generated image to be protected by the Copyright Law of the PRC. It will not affect the AI industry to deny the copyability of AI-generated image, but will deal a blow to the commercial art industry, which is conducive to reducing social costs and protecting public interests.

Research on Network Novel Infringement

The rapid development of the Internet has brought great changes to our lives and has had a far-reaching impact on the law. In the context of the Internet, the network culture represented by network novels has gradually entered the historical stage and has become an important part of China's cultural system. However, with the continuous increase in the total number of online novels, copyright infringement cases of online fiction are also increasing. Especially in the present, China's legal system for the protection of copyright in network novels is still not perfect, and the infringement of copyright in network fictions continues to emerge. Clarifying the relevant legal relations of network novels is also an important premise to solve their dilemma. On the basis of explaining its concept, this paper analyzes the case, points out the existing problems based on practice, and finally puts forward constructive suggestions.

Analyzing Appraisal Resources in the Judgment Discourse of Ulysses Copyright Infringement Case

In this economic society, intellectual property protection play an important role in maintaining the national economic order and promoting social development. The infringement of intellectual property will bring great harm to the public and national interests. This study aims to analyze the appraisal resources in the court judgment of Ulysses copyright infringement case, especially from the perspective of attitude and engagement system. By adopting a descriptive and exploratory approach, the study investigates how attitude and engagement resources serve the declaratory and justificatory functions of court judgments. It is found that appreciation and judgement in attitude system are widely used in this court judgment, while affect is seldom applied for it deals with people’s personal feelings. For engagement, disclaim and entertain resources are applied from time to time in processing the judge’s objective fact analysis. It also shows that the court can effectively arrive at judgments with justice when the court professionals have better knowledge and make proper use of the appraisal resources. It is hoped that this study can arouse the awareness of legal professionals to maintain their law-based role of justice in copyright cases by the proper application of appraisal resources in their distinctive language.

A Critical Discourse Analysis of the Civil Judgment of “The Besieged City” Copyright Infringement Case

Based on Fairclough’s three-dimensional model, this paper sets out to give a critical discourse analysis of the civil Chinese judgment of“The Besieged City”Copyright Infringement Case by adopting a descriptive and explanatory approach. This study analyzes the main linguistic manifestations of power asymmetries in the language of a civil judgment and investigates how the power relations among different participants are shown in the social court context. It is found that address forms, formal words, nominalization, modality, imperatives and ellipsis are the main linguistic manifestations of power asymmetries among court participants. The interpretation and explanation of the situational court context manifests to a certain extent the encoding power relations, and such social structure of power relations help shape the discourse of judgment, and the discourse itself reinforces the enactment of the power relations. It is hoped that the findings of the present research may provide legal professions with new insights into drafting and reading judgments and provide reference for legal laypersons to have a critical understanding of civil judgments whenever they become a reader of this kind of judicial genre.

The Use Of Mediation In Industrial Dispute Resolution

Administrative legislation and / or economic administrative law that “involves” criminal law in Indonesia is quite a lot. One example is Law No. 20 of 2016 on brands and Geographical Indications involved in the development of industry. Problems of criminal law in the field of administrative law and economic law, especially in the enforcement and protection of intellectual property rights have not shown action in line with the spirit of law formation. One form of violation of the law that is currently growing in Indonesia is duplication of copyright. But so far, efforts to provide legal protection for copyright holders seem inadequate. Even in the process of implementing law enforcement, it is not uncommon for copyright infringement cases to run aground in the middle of the road. Seeing the problems in the enforcement of economic criminal law, especially in the field of intellectual property rights, gave birth to an alternative discourse on the resolution of criminal disputes in the field of intellectual property rights, especially against violations of brand rights. How is the concept of industrial criminal punishment related to brand and geogtaphic indications, and whether mediation is the right choice in resolving industrial disputes.

Sentencing Disparity and its Potential Impact on Criminal Cases of Copyright and Trademark Infringement in Thailand: Need for New Provisions and New Approach on Sentencing Guidelines

Sentencing Disparity and its Potential Impact on Criminal Cases of Copyright and Trademark Infringement in Thailand: Need for New Provisions and New Approach on Sentencing Guidelines

Research on the application and examination of electronic evidence preserved on the blockchain in Chinese copyright judicial practice

In the era of smart justice, blockchain technology has revolutionized the way of preserving and examining electronic evidence.Blockchain technology has its functional advantages of distributed storage, hash function verification, and timestamp and accordingly possesses the technical characteristics of stability, integrity, and immutability. As such, blockchain technology can help alleviate the dilemma over electronic evidence due to its flaws, such as easy distortion and modification and difficulty in the collection, especially in the cases of copyright disputes where it is difficult to determine the ownership of works and fixation of evidence. The paper explores two ways of applying blockchain evidence and their distinct proving roles in copyright infringement cases. The paper further finds the similarities and differences between the two types of blockchain electronic preservation in the judicial review mechanism. In Chinese copyright judicial practice, the ambiguity in the rules of blockchain evidence, the inconsistency of different courts in examining blockchain evidence, and the disarray of blockchain evidence preservation platforms all confused and affected judicial discretion when dealing with blockchain evidence. Learning from the United States, the paper concludes with standard-related, judicial, and self-governance suggestions to pave the way for applying and examining blockchain evidence in Chinese copyright judicial practice.

The Copyrightability of Works of Applied Art in China ‒ Case Note of Guiding Case No. 157 by the Supreme People’s Court of the People’s Republic of China

Abstract With comparatively new copyright laws, China’s courts are still crystalizing the standards of copyrightability. In recent years, case law has particularly clarified that works of applied art qualify for copyright protection, but the enforcement of such claims was long deemed risky in practice due to the uncertainty regarding the interpretation of the protection requirements. Guiding Case No. 157 of the Supreme People’s Court of the People’s Republic of China demonstrates a newfound consistency in the application of copyright protection standards to works of applied art. Doctrinally, the case law analysis highlights that Chinese courts have merged two distinct copyrightability requirements, originality and aesthetics, settling for that which we call a threshold of ‘original aesthetics’. Practitioners litigating international portfolios should be aware of the potential to successfully enforce copyright claims over works of applied art in China. The doctrinal delineation between originality and aesthetics is of importance not only within the scope of academic research, but also serves trial attorneys when pleading copyright infringement cases.

NFT 관련 저작권 쟁점에 관한 연구

This study examined the technical characteristics of NFT, such as the concept of NFT, its history, and the distinction between NFT and NFT contents (Chapter 2). And as a preliminary review to discuss the legal issues of NFT, the productibility and the copyrightibility of NFT and NFT contents were reviewed (Chapter 3). NFT includes NFT metadata and NFT content. Under the current law, the productibility of NFT metadata and NFT content is denied, but NFT metadata has a high possibility of scarcity, exclusive control, and independent trading, so it was argued that property law protection could be possible with future amendments to the law or changes in interpretation theory. Copyrightibility of NFT metadata will be denied, but it is determined that NFT content can be recognized as copyrightable according to its contents. Based on the discussion in Chapter 3, the copyright law issues raised by NFTs were reviewed (Chapter 4). First, we looked at NFT-related copyright dispute cases that are becoming a reality, and selected and examined representative cases of digital copyright infringement that are expected to have significant implications in NFT-related litigation, focusing on relatively recent cases. Based on the review of these cases, aspects of copyright infringement that are expected to occur during the transaction and creation of NFTs are analyzed and listed in detail from the objective and subjective perspectives. Specifically, the series of processes of creating and storing NFTs without the permission of the copyright holder is highly likely to include a commercial use process, and therefore may constitute infringement of Author’s Property Rights and Moral Rights depending on the method or content of use of NFT content. In addition, advertising and posting NFTs on NFT trading platforms appears to be an act of aiding and abetting the act of providing them to the public commercially and continuously because the NFTs contain a URI that links to NFT content that infringes copyright.

Copyright And Music And Song Art Works In The Digital Era

In the last two decades, art and technology have become increasingly inseparable. Technology, in this case the internet, has given birth to a new era known as the digital era, followed by the emergence of many problems, one of which is in the field of copyright. A number of cases of copyright infringement were committed by art creators and the public in general, both consciously and unconsciously due to the lack of knowledge about copyright, especially now that all the information needed is readily available on the Internet. This condition provides a huge opportunity to plagiarize a work of art. Through library research, this study focuses on the perspective of limitations and exceptions to copyrights for works of art in the digital era and describes the concepts of regulation and protection.

쿠오바디스, 차용미술의 미래는 어떻게 될 것인가?

The Supreme Court’s ruling on “Andy Warhol v. Goldsmith” (hereinafter referred to as the “Andy Warhol case”) was made on May 18, 2023. The Supreme Court agreed with the ruling of the Second Circuit Court of Appeals and ruled that Andy Warhol’s “Orange Prince” and “Prince Series” were copyright infringement, not fair use, because they could not be regarded as transformative use.
 This case will be the most important case in the art world as a ruling on fair use in the past 20 years or so. And the outcome of this ruling could have a tremendous impact on the future of appropriation art, so-called pop art.
 In the Andy Warhol case, the rulings of the first trial and the appeal trial were sharply divided. The first trial judged that Andy Warhol’s use could not be regarded as fair use for each factor of judgment, but as a result, it was fair use. However, the appeals court ruled in favor of Goldsmith, judging that the first trial court made a mistake in reviewing the fair use factors and that it was not fair use in all of the fair use judgment factors.
 Therefore, this paper analyzed the rulings in each court. In addition, the concept of appropriation art in Korea and copyright infringement cases related to the current parody were reviewed, and what judgments would be made if the Andy Warhol ruling was applied to Korea in the future.
 Finally, in Korea, it was concluded that it is desirable to actively interpret fair use doctrine as much as possible so that freedom of creation can be guaranteed if fair use is a problem in copyright infringement cases.

IJTIMOIY TARMOQLARDA MUALLIFLIK HUQUQINI HIMOYA QILISHNING O‘ZIGA XOS JIHATLARI

Today, social networks have become one of the main platforms widely used by the population. Cases of copyright infringement on social networks also occur due to the speed of data exchange. The constitutional reforms carried out in Uzbekistan and the adoption of strategic documents aimed at the development of intellectual property testify to the relevance of copyright protection. As a result of the study, it was concluded that the conditions for recognizing content posted on social networks as an object of copyright in accordance with the legislation of the Republic of Uzbekistan are not separately established; copyright infringement through social networks can manifest itself as a violation of personal non-property rights and property rights; it is necessary to improve legislation in the field of informatization; attention should be paid to organizational and legal aspects, including the regulation of the relationship between the owner (administrator) and the user of the social network in the protection of copyright in social networks. Based on the results of this study, criteria for evaluating content as an object of copyright were developed, and a circle of subjects entitled to apply for protection in social networks was determined. In addition, it was justified that it is necessary to develop general rules governing the user agreement in social networks as well as to clearly define the issue of copyright compliance in them.

Study on the Application of Punitive Damages for Copyright Infringement

With the development of the Internet, the object of copyright has broken through the limitations of the inherent physical carrier, making the dissemination more convenient, but the resulting infringement is also endless. At the time of reform, the legislature responded to the call of the times, and punitive damages in the field of copyright came into being. However, the application of punitive damages in the field of copyright is faced with ambiguous elements of the application of punitive damages for copyright infringement, difficult to prove the amount of punitive damages, and disputes over the scope of the base of punitive damages. In this regard, we should clarify the specific conditions for the application of punitive damages for copyright infringement, construct a system of disclosure of evidence in copyright infringement cases to ease the difficulty of proof, and clarify the scope of the base amount of punitive damages.

论合理使用中的“适当引用”情形——兼评《西部畅想》著作权侵权纠纷案

论合理使用中的“适当引用”情形——兼评《西部畅想》著作权侵权纠纷案

Copyright law in the MOBA genre: a comparative analysis of DOTA2 and League of Legends

Abstract The multiplayer online battle arena (MOBA) video game genre has been plagued with copyright infringement cases. Some of the copyright challenges that face this genre stem from the fact that the progenitor to the genre, Defense of the Ancients (DotA), was a ‘mod’ created for an already-existing video game, Warcraft 3. Further, DotA was a community-based project and while there were predominantly three major ‘modders’, it is argued that many of the characters that appeared in DotA were, in themselves, copyrighted works that originated from contributors out of the playing-community, who made material contributions through forums, notice boards and the DotA Allstars website. This article delves into the copyright challenges facing the genre, with a specific focus on DotA, DOTA2 and League of Legends (LOL). An in-depth study is done on the copyright ownership of the mod, DotA, with a conclusion being drawn that the copyright ownership of characters found in DotA is of utmost importance, as most of the other elements found in MOBA games are not worth copying. As will be illustrated, copyright infringement challenges in the MOBA industry usually revolve around the copying of characters, many of whom draw inspiration from characters that appeared in the progenitor, DotA. With the focus of copyright ownership shifting to the characters found in DotA, the ownership attributed to the three modders in the Blizzard Entertainment, Inc and Valve Corporation v. Lilith Games (Shanghai) Co. Ltd. and uCool, Inc. suit will be critically evaluated. Finally, an approach is proposed for use in copyright infringement cases in the MOBA genre, specifically where the characters in contention are based on or derived from DotA characters, to try to address any potential copyright infringement claims where the alleged proprietor claiming infringement is not truly the copyright owner of the characters in question. As a practical illustration, the proposed approach will be applied to various DOTA2 and LOL characters, with a conclusion being drawn as to why there has been a lack of copyright infringement cases between Riot Games, the owner of LOL, and Valve Corporation, the owner of DOTA2, despite apparent similarities between various of their characters.

KESADARAN HUKUM PEKERJA MUSIK KOTA SERANG TERHADAP HAK CIPTA MUSIK DITINJAU DARI UNDANG-UNDANG NO. 28 TAHUN 2014 TENTANG HAK CIPTA

ABSTRACT
 An understanding of copyright is a must-have for every music worker or person in the music industry, because this is closely related to the protection of every work created by musicians so that they are not misused by irresponsible parties and take good profits. financially and existentially. This study aims to determine the awareness of musicians related to Law Number 28 of 2014 Year concerning Copyright and the occurrence of copyright infringement, especially song copyrights in Serang City. The research method used is research with a qualitative approach with data collection techniques, namely observation, interviews and documentation. The results of the study indicate that the influence of the Copyright Law for music workers in Serang City who are members of the Salbai 34 Venue community has not had a significant influence in providing legal protection, because in each of their published musical works, almost on average they have not met to get royalties. per month due to several digital platform rules that put limits on getting royalties from each work that is played and there are still many copyright infringement cases, by unscrupulous music workers, both by musicians and content creators. The level of legal awareness of music workers in Serang City regarding copyright in terms of Law Number 28 of 2014 Year is not yet or still lacks legal awareness. There are four indicators to determine that music workers in Serang City do not yet have good legal awareness, where each of these indicators is a stage for the next stage, namely legal knowledge, legal understanding, legal attitudes, and patterns of understanding community behavior.

Analysis of Sharia Economic Law on Video Reupload Practices by Facebook Fanpages User

Facebook Fanspage is a feature on Facebook widely used by brands to build their community in cyberspace. Facebook currently has provided a Facebook Fanspage feature where users can upload any type of video, not even a few of the users who get rewards or fees from uploading videos on the Facebook Fanspage page. However, it does not mean that it is without problems, one of the problems that still occurs on Facebook Fanspage is that many cases of copyright infringement on the site, such as the practice of re-uploading for example. The study examines how the validity of income obtained from reuploading activities is viewed from the perspective of ibtikar right in sharia economic law. The research is a type of field research. The results of the research are that it is illegal to reupload videos carried out solely for personal gain without giving royalties to the producer/ related label. In other words, the act is the same as a merchant selling goods belonging to someone else without the permission of the owner. Copyright in Islam is known as the ibtikar right which is a copyright attached to the owner of the original video and part of intellectual property, both material and immaterial. Thus, it must be legally protected. Islam highly respects copyright as a personal property right so that the right of ibtikar is included in the Maqashid Sharia to maintain the existence of property ownership of every Muslim. Every property that results from the act of reuploading videos in Islam is unlawful, because it is included in violating the rights of others.
 Keywords: Ibtikar right, Facebook, Facebook Fanspage, Reward