Moral Rights Research Articles

Moral rights in Australia: a case law retrospective—Part 1

Moral rights in Australia: a case law retrospective—Part 1

Moral rights in Australia: a case law retrospective—Part 2

Moral rights in Australia: a case law retrospective—Part 2

Do girls have a (moral) right to compete in sporting contests that exclude boys?

This paper explores the moral right of girls to compete in sporting contests that exclude boys, examining the ethical implications of gender segregation in sports. It argues that boys-only competitions are morally problematic, reinforcing gender stereotypes and perpetuating structural injustices. The paper also critiques open-division competitions, which can disadvantage girls due to inherent physiological differences. Through a review of historical and contemporary cases, the study highlights the necessity of girls-only competitions to ensure fairness and to challenge societal norms that undermine female athletes. The conclusion advocates for a dual system of girls-only categories alongside open divisions, allowing girls the choice to compete independently or alongside boys, depending on their preferences and aspirations.

Protecting Street Art and Graffiti as Artistic Works Under Indian Copyright Law: An Analysis

ABSTRACT Street art, known for its temporary nature and presence in public spaces, faces challenges in copyright protection. Despite these hurdles, street art is increasingly recognized as a legitimate artistic expression warranting copyright safeguards. This abstract explores how street art can be protected under copyright law, beginning with its definition and qualification as an artistic work under copyright statutes. It addresses practical and legal issues such as authorship, ownership, and the impact of public location. This study illustrates different approaches to protecting street art through circumstances and some legal precedents. It also examines the role of moral rights and public interest in balancing artists' rights with property rights and urban aesthetics. The abstract proposes legal reforms or policy interventions to enhance copyright protection for street art while maintaining its cultural integrity, contributing to the discourse on the intersection of copyright law and urban art.

Милиция/полиция в (пост)советской массовой культуре (к исторической иконографии власти)

The idea of the police as a “good order” from the Polizeiwissenschaft of absolutism was developed in the biopolitical model of caring for the population of the Modern era, engaged in ensuring safety and well-being. Being a product of mass society, the modern state has focused on influencing public opinion. In the XIX–XX centuries, there was a counter-movement of police supervision and art which gave rise to ‘police aesthetics’. Cinematography was an effective means of forming a desirable image of the Soviet militia in the post-war period of normalization of public life. By contributing to the Soviet myth of developed socialism, militia cinema contributed to a screen-to-life transfer of a new norm of trust between representatives of power and citizens. This constructivist cinema involved the viewer in the cinematic reality by likening them to the main character, a militiaman who acts as a moral guide. In addition to forming the image of the ‘familial militia’, intellectual militia cinema—with its focus on professionalism—is actively developing. The most popular version of the latter is militia cinema that thematizes the moral rightness of militia officers fighting crime in the name of Soviet citizens. Involvement in the cinematic reality through assimilation, novelty, memory, and imagination included the romanticization of the historical events of the revolution. Militia cinema was inverted during the years of the perestroika. It exploited the effect of novelty associated with the viewer's immersion in emerging market relations. The viewer's interest was focused on the wrong, criminal, side of public life. Crime is romanticized, the militia is stigmatized. From constructing the myth of cooperation between the government and the population, militia cinema moves on to deconstructing the myth, achieving an effect of denigration. The fashion for American cinema brings elements of action, thriller, horror. The viewer is no longer included in the imperious project of transforming reality; they are attracted by the illusion, the spectacle. The latest police cinema, overcoming total deconstructionism, is busy reconstructing the spirit of Soviet militia cinema in modern settings. Oscillating between the intention to generate positive images of the police and the demonstration of the “truth of life”, modern police cinema contains the natal shoots of a new cinema in which the image of the police is important for the normalization of public life.

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.

A Detailed Case Study of Human Rights Violation in Chennai Region with Reference of Union Carbide Corporation Vs Union of India

Human rights include the expression of the need for people to be treated in a fair, decent and humane manner regardless of their ethnic, religious or racial profile. Violation of human rights involves denying human beings their basic moral rights. These violations have been part of human history, and only in the last century has a general consensus emerged that they are absolutely wrong. Perpetrators of human rights abuses range from governments, corporations and organized crime rings to communities and individuals. There are many underlying causes that lead people to violate human rights. There is a temptation to view human rights violations in a one-dimensional construct involving a very simplistic spectrum of evil versus good. The first part of this article examines the view that "human rights violators are not necessarily just evil, but may also be themselves forced into ways of behaving by external circumstances". Violations of human rights are a result of the innate evil nature of the perpetrators, who argue that there are other environmental and biological factors that drive people to commit such crimes. The second part of the paper examines the extent to which fear of the "other" drives the desire to commit war crimes against a perceived rival group. The study is based on a systematic content analysis of official documents, press releases, newspapers, articles and interviews. I quantitatively collected all available information and also identified the most frequently recurring terminology and key words, which were graphically represented whenever possible. It also consists of articles and sections as well as various steps taken as a whole or generally or individually with developments and human rights issues from time to time that help in the violation and protection of people around the world. You will find here a discussion of the issue of Kashmir, humanitarian crises during and after the conflict in Gaza between Israeli forces and Hamas in 2008-2009, the UN's view of human rights violations, the crises caused by the 2006 Lebanon war, the humanitarian disaster in the Darfur province of Sudan (2003- 2010); and finally the political, social and economic crisis in Zimbabwe (2001–2010). The case studies analyzed in this research report reveal a number of similar trends as well as some notable differences. As such, they restrict civil liberties to prevent the emergence and mobilization of dissent in society. Moreover, human rights are at the heart of the European integration process (which was built on the ashes of civil war and genocide) and its long-term aspirations. The fundamental recognition of human rights is therefore always reflected in the EU's foreign policy and external relations.

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.

Work after lawful status: formerly undocumented immigrants’ gendered relational legal consciousness and workplace claims-making

AbstractUndocumented status impedes immigrants’ workplace claims to legal rights and better treatment. But what happens when they obtain lawful permanent residency – does the reluctance to make claims in the workplace change? If so, how? Drawing on timeline interviews, I examine changes in the relational legal consciousness and reported workplace claims-making of 98 formerly undocumented Latino immigrants. Most respondents reported increased willingness to engage in, and follow through with, workplace claims. However, gendered differences emerged. Men’s claims largely revolved around wage negotiations, moving to a better paying position, and enforcement of legal rights with an attached monetary value. They were also more likely to frame claims as legal rights. In contrast, women’s claims largely revolved around better work treatment, access to job benefits, and workplace accommodations. They were also more likely to frame claims as moral rights. I explain these outcomes as a function of three relational mechanisms: lawful status being understood relative to experiences being undocumented; gendering in the legalization process; and social ties promoting gendered expectations of lawful permanent residency. My findings highlight the importance of gendered differences in relational legal consciousness and how lived reference points (e.g., prior undocumented experience) inform how legal consciousness changes over time.

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.