Moral Rights Research Articles

Moral rights and the protection of classics: A study of §51 in the Swedish Copyright Act of 1960

This article examines §51 of the Swedish Copyright Act 1960, generally known as ‘the protection of classics’ in relation to international discourses on copyright in the mid-twentieth century. The provision in §51 protects works of cultural significance by deceased authors and artists against reproductions that are considered offensive, even if the works are in the public domain. This article analyses the arguments and motives that led Swedish legislators to draft §51 and contextualises them internationally. The origin of the protection of classics is rooted in the notion of a paying public domain, a provision which existed in various countries in the twentieth century that allowed the state to collect royalties for works in the public domain. In Swedish copyright law this economic right was reinterpreted as a moral right to protect classical works. Unlike conventional moral rights, this right aimed at protecting the interests of the public rather than the integrity of the author. The protection of classics, and to an extent the notion of a paying public domain, can be seen not so much as a regulation of intellectual property but more as a statement about cultural heritage. By showing how the protection of classics operated within the international discourse on copyright law of the twentieth century, this article explores the relation between moral rights, a paying public domain and cultural heritage.

The Solutions for The Conflict of Laws Relating to Copyright and Its Exploitation" A Comparative Study"

Determining the applicable law for copyright is a complex issue in the jurisprudence of private international law. This is because it is an intangible moral property, meaning that the nature of the subject to which the right is attributed differs from other material rights. In addition, most legislations have not established specific attribution rules for moral rights, making it difficult to determine the applicable law for copyright. Hence, the research problem is embodied in the absence of explicit and clear texts that address the issue of conflict of laws if it relates to the author’s topics moving between the scope of more than one law, which leads to an overlap in the scope of the applications of the law that related to those rights, raising the issue of which law should apply and which one is more accurate in achieving justice. The importance of this research is evident in raising the awareness among rights holders of the existence of a legal organization that protects the copyright, which may ease their minds due to their prior knowledge of the existence of a law that protects the product of their mind on the one hand and deters the aggressor on the other hand. Moreover, this study aimed to demonstrate the validity of the laws referred to by the traditional attribution rules to resolve conflicts of laws in matters related to copyright. It must be noted that the study adopted the analytical and descriptive comparative approach between Jordanian law and Iraqi law and the role of each in resolving problems arising from conflicts of laws.The study found that the Jordanian legislator specifically addressed unpublished works in Article 57 of the Copyright Protection Law, clarifying whether they fall under the law's provisions. However, we did not find an explicit provision in the Iraqi Copyright Protection Law regulating the issue of unpublished works. However, the researcher recommended that the Jordanian legislator conclude new bilateral or regional agreements in addition to joining international agreements due to the inadequacy or inappropriateness of traditional agreements related to judicial cooperation to rule on what arises from a conflict of legislative jurisdiction regarding copyright.

Economic costs of poor PSC manifest in sickness absence and voluntary turnover

Abstract Work-related stress is a major occupational health and safety (OHS) issue that has industrial relations origins. Aside from the moral and human rights imperatives to improve the corporate climate for worker psychological health (as per psychosocial safety climate, PSC), there are strong economic costs for not doing so. PSC refers to worker perceptions of the corporate safety system to protect and promote workers’ psychological health and wellbeing. It is a leading indicator of working conditions, which in turn affect workers’ health and work engagement. In this study, we estimate the attributable economic cost of low PSC due to sickness absence and turnover. Data were collected from a multinational company using survey at Time 1 (T1) and objective company data (i.e., sickness absence and turnover) after one year (T2). Using regression analysis and a matched sample of 617 responses, PSC was negatively related to future sickness absence. A binomial logistic regression with 1268 respondents (i.e., all responses at T1) showed that PSC was negatively related to future voluntary turnover. An economic analysis suggests that improving OHS via PSC could save an organisation with 5000 employees USD 0.6–2.7 million per year. Building PSC to protect and promote workers’ psychological health is a likely economic saving on organisational productivity.

Towards a Conversational Ethics of Large Language Models

Abstract Large Language Models are one of the most prominent examples of current uses of AI, and one of the most urgently pursued normative tasks is to make them and their interactive user-interfaces—open-domain chatbots—safe. However, in this paper, we elaborate first on why such a limited view on the permissibility and desirability of their utterances falls conceptually flat, is philosophically insufficient, and leads to severe technological limits. We then propose a positive normative concept, appropriateness, that can provide the required orientation for determining what chatbots may or may not say, and distinguish between technical-discursive, social, and moral appropriateness. Lastly, we explore the requirements for social and conversational contexts to fulfill appropriateness-requirements, and find that positionality is a key element for their position in discourse.

Modesty, toleration, and persuasion

Lucia Rafanelli's analysis of reform intervention is both timely and philosophically powerful. This paper asks two questions about the limits, and proper implications, of her methodology – both of which have to do with the notion of modesty, understood as a moral virtue. The first asks whether or not principled illiberal regimes have a moral right, on her account, to reform intervention against the liberalism of liberal democratic states. The second asks about the extent to which persuasive and discursive modes of reform intervention are rightly understood as respectful, when such intervention begins with an unshakeable moral commitment held by the intervenor and used as justification for the intervention itself.

Exploring Moral Rights to Traditional Cultural Expressions of Indigenous Peoples

Exploring Moral Rights to Traditional Cultural Expressions of Indigenous Peoples

Employees' rights in the Kurdistan Region: a jurisprudential evaluation study

This research aims to show and clarify the rights enshrined in the right of the public employee in the Islamic Sharia emanating from the Holy Qur’an and Sunnah and Sharia policy books. All alike, and legitimate rights manifest in moral and psychological rights and financial rights. Financial rights are formed in salaries, bonuses, retirement, and so on. Moral rights revolve around vacation rights in all their forms, better dealings, defending them, stimulating progress and innovation, and so on. The study relied on the inductive, analytical and survey approach accompanying the list of questionnaires that inquired, and directed questions related to the rights of employees.

Moral Rights Infringement through Defamation of Honour

Moral Rights Infringement through Defamation of Honour

‘LIKE SHEEP TO THE SLAUGHTER’: ANIMAL AGENCY AND ECHOES OF THE HOLOCAUST IN WOLFDIETRICH SCHNURRE'S WRITING

ABSTRACTThis article examines the writings of Wolfdietrich Schnurre (1920–89) through a combined lens of zoocriticism and Holocaust studies. Drawing on Anna Barcz's concept of ‘vulnerable realism’, it posits an analogy between Jews targeted by the Nazis’ exterminatory programme, who struggled to articulate their suffering in the language of empirical historiography, and animals who, excluded from the human system of moral rights and laws, have no means of voicing the oppression they endure. The article argues, however, that, rather than portraying animals as mute and helpless victims, Schnurre's short stories – ‘Die Tat’, ‘Der Verrat’ and ‘Das Manöver’ (1958) – endow their nonhuman protagonists with moral agency and with an ensuing capacity to resist their tormentors. Read in dialogue with Schnurre's Holocaust novel, Ein Unglücksfall (1981), and in the light of the human–animal entanglement advocated by his writings, these stories can be interpreted as a subtle contestation of the idea of Jewish passivity during the Nazi era.

Content Creator Legal Protection of The Copyrights of Content Reuploaded by Other Parties for Commercial Purposes

In the current era of globalization, technological advancements are rapidly progressing, especially in the field of information technology, giving rise to the phenomenon of "creators." Creators are individuals or groups who produce creative content, such as videos, photos, or other digital forms, accessible via the internet. This profession demands protection for the Intellectual Property Rights (IPR) generated by creators. This protection is crucial because content uploaded without permission can economically and morally harm the creators. Unauthorized re-uploading creates serious problems for creators, damaging their image and credibility. It also leads to economic losses as creators lose potential income from affiliate links. Copyright, as regulated by Law Number 28 of 2014, provides legal protection for creators, covering both moral and economic rights over their works. This study aims to analyze the impact on the image and economic rights of creators, the factors hindering law enforcement, and the legal efforts made to address copyright violations. The research uses a normative juridical approach with secondary data analysis from written and electronic sources. The results of this study indicate that the government has implemented various measures to protect the copyright of content creators from violations, especially by unauthorized reuploaders. These measures include supervising the content upload process, ensuring content quality meets standards, and monitoring content usage to prevent misuse. The government has also developed secure information systems, monitored user activities, and enforced legal sanctions against copyright violators. The government is expected to strengthen regulations and IPR protection and enhance monitoring of unauthorized content re-uploading.

Alternatif Penyelesaian Sengketa Luar Hukum Bagi Inventor Terhadap Pelanggaran Moral Hak Cipta Lagu Dalam Hak Ekonomi

Copyright is an exclusive right that gives rewards to the creator in the form of economic rights and moral rights. Moral rights are rights inherent in the creator's personality which are basically carried out to respect the creator's creativity by including his name in the creative work. Legal protection for musicians regarding copyright in paying royalties as well as resolving disputes regarding the use of song works without paying royalties. Easy access to information and technology often provides opportunities for netizens to access copyrighted works without including the name of the creator. In this research, there are two problems examined, namely moral rights in the copyright protection system and resolution of moral rights disputes in copyrighted works. Moral rights consist of the right for the creator to continue to include or not include his name on the copy in connection with the use of his work for the public, to use his alias or pseudonym, to change his work according to appropriateness in society, to change the title and sub-title of the work; and defend their rights in the event of distortion of the Work, mutilation of the Work, modification of the Work, or anything that is detrimental to their personal honor or reputation. To protect the moral rights of the Creator may have Copyright management information; and/or Copyright electronic information. The results of the research show that there is still no awareness among artists. Even national performances are still not aware of copyright so there needs to be a real role for the relevant government to be more active in monitoring and providing real protection. Settlement of disputes over violations of moral rights in copyrighted works can be done through. dispute resolution, arbitration, or court. Supervision is needed to see what is happening in the field so far, there must be clarity regarding the relevant regulations and there also needs to be a clear agreement so that there is mutual benefit and there are no misunderstandings in the future.

The Urgency of Legal Protection of Digital Work Copyright

With the development of the times, science and technology are developing very quickly, allowing traditional works which are usually in physical form to be transformed into digital format. This research aims to examine legal protection methods for intellectual works in a digital context and identify the role of the government in preventing piracy of digital works. This research uses a normative juridical approach, which views law from the perspective of texts in statutory regulations and norms or standards of behavior that are considered appropriate. Copyright Law Number 28 of 2014 Article 4 articulates that copyright is an exclusive right that includes moral rights and economic rights. Individuals who wish to use the Economic Rights of a work must obtain permission from the creator or copyright owner. The legal protection is confirmed by a firm and appropriate sanctions by law enforcers by existing legislation.

Copyright Protection in the Digital Age: Addressing Challenges and Finding Solutions in Indonesian Civil Law

This research aims to identify the challenges faced in enforcing such legal protection. In the current digital era, advances in information and communication technology have had a major impact on various aspects of life including the creation and dissemination of intellectual works, which opens up opportunities for copyright infringement. This research uses a normative juridical approach with a qualitative descriptive analysis method. Data is collected through literature study and analysis of laws and regulations related to copyright protection and intellectual property rights. Primary data based on Law Number 28 of 2014 on Copyright, and secondary data collected from previous related research journals and other official documents. The research found that the legal protection of copyright and intellectual property rights in the digital era in Indonesia still faces various challenges. These challenges include the speed and volume of digital content dissemination, anonymity and global jurisdiction, and the effectiveness of Digital Rights Management (DRM) technology. Although Law No. 28/2014 on Copyright has regulated the economic and moral rights of creators, law enforcement is still ineffective. To overcome these challenges, a comprehensive and collaborative approach is needed between the government, digital platforms, copyright owners, and the public. Some of the proposed solutions include improved automatic detection technology using artificial intelligence (AI) and machine learning, harmonization of international copyright law, DRM technology reform, simplification and transparency of the copyright infringement reporting process, and increased public awareness and education regarding the importance of copyright and intellectual property rights.

ImplementationOf Dispute Resolutionin the Field Copyright Upon Signing of the Beijing Treaty

Indonesia became a WIPO member country on December 18 2012 co-signed the Beijing Treaty at the World Intellectual General Assembly forum Property Organization in Geneva Switzerland. Implementation of the Beijing Treaty in Indonesia itself is quite interesting to study because the creative industry is in the form of performances Audiovisual in Indonesia itself is a profession so it is needed protection of copyright in the form of moral and economic rights to works audiovisuals, especially those broadcast or shown through media facilities technology. The legal research method used in this research is research normative juridical which is research conducted or aimed only at written regulations with the nature of descriptive analysis research which is a method that functions to describe or provide an overview of the object under study. The data source used is secondary data with analysis quantitative data. The government is expected to make clear policies regarding protection and classification and definition of AudioVisual Works in Indonesia because with Current technological developments make AudioVisual Works increasingly popular developing so that now a clear policy regarding protection is needed AudioVisual work that is in accordance with technological developments, Background The Beijing Treaty itself is linked to several conventions such as the Rome Convention so that the WPPT should be a basis for the government to create policies in the form of statutory regulations to protect works AudioVisual broadcast via electronic media or digital media and The current problems of creative industry players, especially in the field of work AudioVisual regarding the protection and recognition of AudioVisual's works aired through electronic media regarding this matter, it is hoped that the government will which has ratified the Beijing Treaty to create implementing regulations related to registration or recognition mechanisms and claims to the rights of perpetrators The creative industry is specifically related to performers of AudioVisual Works

A generational shift: how partisan alignment and the rise of social issues have produced a generation of Democrats

ABSTRACT American political elites are today more neatly divided on a wider range of issues than at any other point in the postwar era. How have these trends affected the political socialization of American youth? We argue that two distinctive aspects of US polarization, namely ideological alignment and the emergence of non-economic issues, have formed the foundation of a generational shift in favor of the Democratic party. We find that Millennials and Gen Z display levels of ideological alignment across economic, civil rights, and moral domains that are equal to or greater than previous generations. Their liberal positions on moral and civil rights issues are not only strongly predictive of vote choice, but also tend to offset any conservative positions on economic issues – in contrast to the way previous generations resolved such ideological tensions. As such, the push for a non-economic political agenda – a popular strategy in the last few decades, especially among Republicans – might well benefit the Democrats electorally as older generations are replaced.

ASPERGER'S SYNDROME – SOCIO-HISTORICAL BACKGROUND OF AUTISM AND ITS PEDAGOGICAL CONSEQUENCES. RESEARCH AND SOCIAL PRACTICE AND THE RIGHT TO LIFE

ABSTRACT: Aim: The aim of the publication is to attempt to transpose the medical dimensions of the problem into pedagogy, with the contemporary idea of social and educational inclusion. It is an attempt to point out the consequences of scientific research, which is often in conflict with fundamental moral rights, including the right to life. Methods: The article uses an extensive literature query and an analytical-synthetic method. It leads to an interdisciplinary exploration of the topic, taking into account its pedagogical character. Results: The theoretical analysis of the topic, socio-historical, medical and pedagogical threads show the multidimensionality of autism and disability - in the broad sense of the word - as a significant problem in contemporary education. Conclusion: The intention of the undertaken analyses is to indicate the significance of ethics and moral laws in education and social practice - in its various dimensions. Civilization must move toward the defense of life, not death, for the sake of human perfection. Originality: The article presents the socio-historical background of autism and Hans Asperger's research. It indicates the contemporary implications of medical and ideological assumptions in pedagogy and work with people with disabilities in the context of the value of life and the need to defend it. Keywords: Asperger, Asperger's syndrome, autism, therapeutic pedagogy, education, moral law, ideology, sociocultural context, ethics in education, eugenics

States, states of nature and the moral law: a comparison between Immanuel Kant’s and Thomas Hobbes’ political and legal theory

This article delves into the philosophical theses on law and ethics as presented by Thomas Hobbes and Immanuel Kant, with a focus on the notion of resistance in a legal context. It contrasts Hobbes’ advocacy for nearly unrestricted state authority and a morality closely tied to the state, against Kant’s emphasis on moral law and natural rights as the underpinnings of legality. A pivotal discussion point is Kant’s perceived contradiction in supporting a fundamental right to freedom while limiting the right to resist laws that infringe upon this freedom. By comparing these philosophical authors, the article posits that Kant’s theory of resistance requires integration with his broader ethical views, suggesting that human rights should constrain positive law.

The Visual Artists Rights Act in augmented and virtual realities

The expansion of augmented reality (AR) and virtual reality (VR) has brought to light the gaps in U.S. law regarding moral rights protections in the digital age. The U.S. offers limited protection of moral rights under the Visual Artists Rights Act (VARA). Although protections are limited, AR and VR programs could violate artists’ moral rights under VARA by modifying existing art used in their programs and by not giving an artist’s work attribution. Another question that has emerged is whether VARA could protect digitally produced art. VARA is a limiting statute and narrowly defined visual art to exclude most digitally produced art. Therefore, in order for digital art to be protected under VARA, the U.S. needs to modernize the statute to fit into a digital world.

Pertimbangan Mubah Dan Haram Pembuatan Karya Tulis Penggemar Merujuk Pasal 9 UU Hak Cipta

Fan writing according to the Copyright Law is included in adaptation works referring to Article 40 Paragraph (1) of the Copyright Law as one of the protected works. The lack of legal rules regarding adaptation works in particular has led to the rampant commercialization of fan-written works whose legality and licensing rules are not in accordance with the rules. Referring to Article 9 of the Copyright Law, a person who obtains economic rights for publishing and adapting works must have obtained permission from the creator or copyright holder. Both the publisher and the author bear the consequences in this case of not obtaining permission and have taken exclusive rights, which consist of economic rights and moral rights bound to the original creation. The consideration between permissible and haram in the creation of this work depends on whether the publishing and commercialization of the written work causes profit or harm to the original character. It can be said to be permissible if the work does not get the permission of the original character but is also not published and not commercialized, so that the author does not get any benefit. Meanwhile, it can be said to be haram, according to Abu Dhar's Hadith on the Prohibition of Doing Harm, if publishing and reproducing a work is an act of exceeding the limit because it has taken the owner's rights without permission. Therefore, it can be considered haram because it is tantamount to seizing other people's property.

Legal Protection of Architectural Works as Copyright: An Epistemological and Islamic Law Perspective

The research examined the problem of the legal protection of architectural works as copyright. It described the concept of the legal protection of architectural works based on the point of view of the philosophy of science and Islamic law. This research aimed to solve problems related to the infringement of architectural works as copyright through concepts in the philosophy of science and Islamic law. The research method used a philosophical approach and theoretical approach. The results showed that the legal protection of architectural works as copyrighted works from the epistemological point of view was based on the boundaries of science as obtained through experience. Then, it tested empirically to produce science with an objective, rational nature and methods carried out using science from acceptable and reliable researchers so that the results of architectural works by applying elements of culture, science and technology have the quality of works that are not in doubt of their authenticity. In Islamic law, the legal protection of architectural works leads to moral rights owned by the creator because of the principle of maslahah or public interest, which has the same concept as the Utilitarian theory proposed by Jeremy Bentham. Legal protection of architectural works as copyright refers to an epistemological point of view. Islamic law is based on moral rights as one of the inherent rights owned by the creator as the originality of the work that must be protected. In contrast, economic rights are considered an added value of the moral rights owned by the creator.