Moral Rights Research Articles

Do Unjust States Have the Standing to Blame? Three Reservations About Scepticism

Abstract If an offender was treated unjustly by her state in a way that curtailed her options or otherwise made it more likely she would commit her crime, does her state have the moral standing to blame her for that crime? Many theorists have expressed scepticism that the state does. I present three reservations about such scepticism. First, much of it appears to derive its intuitive appeal from problems with the content of state condemnation that can be solved by changing its content rather than its source. Second, adequate legal recognition of everyone’s fundamental moral rights arguably requires not merely the proscription of violations of those rights, but authoritative public condemnation of such violations, which only the state is capable of supplying. Finally, an unjust state would not do disadvantaged offenders any favours by holding its tongue—nor would such offenders help themselves by closing their ears to its criticism.

COPYRIGHT DAN RIGHT TO COPY (PEMAHAMAN DASAR HAK CIPTA DAN HAK YANG TERKAIT DENGAN HAK CIPTA DALAM BIDANG HAK KEKAYAAN INTELEKTUAL)

Copyright is a system of rights in the field of Intellectual Property Rights (IPR). In Indonesia, arrangements regarding Copyright are currently governed by Law Number 28 of 2014 Concerning Copyright. Regulates the scope and protection of a work which is the embodiment of human creativity, taste and initiative as God's creatures. Copyright which is an exclusive right attached to the Author in which there are Economic Rights and Moral Rights. Authors and other parties who receive Rights Related to Copyrights can receive economic benefits from an existing copyrighted work (Economic Rights). died (moral rights). In the Civil Law System legal system, the focus is on protection of the Author, whereas in the Common Law System legal system, the focus is on the protection of Works.

Moral rights and their position in the digital world

The proliferation of technology and the internet has made moral rights more vulnerable than ever. Although the digital age plays a significant role in disseminating culture to a larger audience, the online environment also comes with a threat to the author’s personal interests. Their “spiritual children” are more easily under attack. However, under international law, moral rights have not been considered duly. The Berne Convention, the TRIPS Agreement, WIPO Internet Treaties, and even EU Harmonize Directives all shy away from the moral rights issue in the “Digital age”. In an era when technology is developing faster than the laws regulating it, the exigency for moral rights development in copyright law must be paid more attention. This paper examines how the internet influences the protection of moral rights and to what extent it has made them more susceptible.

Food (in)security, the moral economy, and Ubuntu in South Africa: a Southern perspective

COVID-19 and rising energy costs have highlighted the interconnectedness of class, gender, race, and food insecurity. This article focuses on three interrelated arguments: the paradox of growing food surpluses alongside hunger and malnutrition; the role of a reconfigured Ubuntu philosophy; and two organisations that, despite central government’s failure to prioritise food provision as a moral and human rights issue, are operationalising Ubuntu. Critical re-appraisal of Ubuntu regarding food insecurity has been a neglected area of research. In drawing from the moral economy, we make an urgent case for a Southern perspective of Ubuntu as a more nuanced, dynamic, and holistic approach for addressing excess food production and indigence. Using qualitative analysis to examine community projects in South Africa, namely, Abalimi Bezekhaya in the Eastern and Western Cape and Siyavuna Abalimi in KwaZulu-Natal, Ubuntu is shown to offer a radical solution where collective structural organisation is sensitive to nutritional needs and grounded on communal responsibility rather than profits.

Lawsuit for Termination the Violation of the Moral Rights of the Author of Literary and Artistic Works under Turkish Copyright Law

Bir edebiyat ve sanat eserini meydana getiren kimsenin hukuken o eser üzerinde sahip olduğu telif hakları, mali ve manevi boyutu olan yetki ve menfaatlerden oluşur. Manevi haklar eser sahibinin edebi ve sanatsal kişiliğiyle ilgilidir. Mali haklar ise eserden iktisaden yararlanmaya imkân veren yetkileri içerir. FSEK eser sahibine tanınan bu haklardan her ikisini de etkili bir şekilde himayeyi amaçlar. Bu amaçla eser sahibine Kanunun 66-70. maddelerinde çeşitli dava hakları tanınmıştır. Bunlar arasında tecavüzün ref’i davası, hakların himayesi konusunda önemli bir yere sahiptir. Manevi haklara tecavüzün ref’i 67. maddede, mali haklara tecavüzün ref’i ise 68. maddede tanzim olunmuştur. İşbu makalenin konusunu yalnızca 67. maddede düzenlenen eser sahibinin manevi haklarına yönelik tecavüzün ref’i davası oluşturmaktadır. Bu çerçevede makalede ilk önce tecavüzün ref’i kavramına, arkasından bu davanın açılabilmesinin şartlarına, son olarak da manevi haklara tecavüz halinde bunun kaldırılması için başvurulabilecek yöntemlerin neler olduğuna ayrıntılı olarak değinilmektedir.

An intersectional approach to evaluating the effectiveness of women’s sexualized body-positive imagery on Instagram

Our work adopted an intersectional approach to investigate how women’s racial identity may influence how they evaluate and are impacted by body-positive imagery of women on social media. In a 2 × 2 × 2 experiment ( N = 975), we examined how source race (Black vs White) and sexualization (non-sexualized vs sexualized) in body-positive images affect Black and White viewers’ impressions of self-interest, moral appropriateness, and body positivity. Results indicated that viewers generally responded more favorably to non-sexualized (vs sexualized) images: Participants reported less self-interested motivations for sharing, found the images more morally appropriate, and believed they were more effective representations of body positivity. Results also revealed that Black (vs White) viewers tended to express more appreciation for body-positive imagery, regardless of source race or sexualization. Findings not only advance our theoretical understanding of sexual objectification with more diverse depictions and broader sampling, but also provide practical suggestions for advocates of the body-positive movement.

Analysis of Criminal Offices on Copyrights and its Applications in Indonesia

Copyright is a work of someone's imagination, who has exclusive rights in the use of his or her copyrighted work so that if there are parties who will use the copyright for commercial purposes, they must first obtain a license (license) from the creator or his proxies and pay royalties. Any party who does not obtain a license as mandated by UUHC will be subject to legal sanctions, both civil and criminal. Copyright crime occurs when someone announces or reproduces a work for commercial purposes without permission from the Creator or Copyright Holder is an infringement and such violation will be subject to criminal sanctions in accordance with the provisions of Article 112 of Law Number 28 of 2014. Criminal offenses in law no. 28 of 2014 concerning Copyright is a complaint offense so that the investigating apparatus cannot take action against parties suspected of committing criminal offenses without a report from the injured party, where this is very detrimental to the rights of the creator in the form of economic rights and moral rights, while in law no. 19 of 2002 concerning Copyright, the regulation of criminal offenses is an ordinary offense, and the investigative apparatus (police and prosecutors) can directly take action against parties committing copyright crimes.

The Concept Of Licensing Authority Of The Architectural Work Modification Of Cultural Heritage Buildings

This research aims to identify the licensing authority over architectural works and modification of designated Cultural Heritages. In addition, this research examines the antinomy of legal concepts, including the antinomy of the legal concept of a licensing authority, the antinomy of the legal concept of modification of creation, and the antinomy of the legal concept of cultural heritage. With normative research, this study reveals that there is no legal certainty, between the local and central government, concerning licensing authority to cultural heritage building adaptation. There is no such a unitary system or firm and clear SOPs, which has resulted in the demolition and destruction of cultural heritage buildings. There are differences of opinion regarding the authority to permit the alteration of architectural works of cultural heritage buildings that have been stipulated. Permits for the restoration of cultural heritage buildings are obtained not through a building permit but through BPPM DIY (Licensing and Investment Service). These permits include restoration permits, adaptation permits, and development permits, especially for revitalization and utilization. There is no balance between moral and economic rights of the owner of the cultural heritage building. The preservation is more likely to emphasize moral rights but still overlooking the economic rights of the creator/owner.

Remarks on James Liszka’s Charles Peirce on Ethics, Esthetics and the Normative Sciences

Peirce held a convergence theory of moral truth, as James Liszka persuasively argues in Charles Peirce on Ethics, Esthetics, and the Normative Sciences (2021). Here I emphasize: (1) that Peirce's convergence theory follows from the application of the maxim of pragmatism to the concept of moral goodness or rightness; (2) that in connection with Peirce's account of the ethical summum bonum, morally right action can be understood as action that conforms or contributes to the growth of concrete reasonableness; and (3) that, for Peirce, the growth of concrete reasonableness seems to be a movement or development toward "God". While I broadly agree with Liszka's approach, I highlight some disagreements. As do many readers of Peirce, Liszka seems to regard the convergence of beliefs and habits as necessarily a convergance among the "indefinite community" of distinct persons or inquirers; however, there is sufficient evidence that Peirce came to think that, if any given person were to live long enough, they would come to the same conclusions or rest in the same habits on their own. With respect to morality, even the most evil person would eventually come around to the moral truth.

TRADITIONAL CULTURAL EXPRESSIONS BOTH WITHIN AND BEYOND THE CONTEXT OF INTELLECTUAL PROPERTY LAW IN INDONESIA

Can TCEs crumble under the protection of intellectual property? This question is prompted by the disparity between the characteristics of TCEs and the intellectual property protection criteria. This article emphasize the necessity and significance of establishing a system outside the Intellectual Property system or special protection (sui generis) to protect TCEs because intellectual property law cannot be modified to accommodate TCEs. The law of intellectual property only protects the moral and economic rights of individuals, not cultural or communal rights. Other opinions contend that the existing intellectual property law, particularly copyright law, does not require a new system because the creation of another system is a waste of resources and the state may not be able to fund it. In reality, what must be taken into account is the extent to which ethnic communities control their TCEs.

Relasi Hukum Dan Moral Dalam Sistem Penegakan Etika Penyelenggara Pemilihan Umum Di Indonesia

Legal positivism overshadows the legal system applied in Indonesia in the legal concept of"rechtstaat", according to valid legal positivism is a formalized law, law is not a social or moralfact that must be avoided by non-legal elements. The doctrine of positivism was born as arejection of the school of natural law, they rejected the laws of nature because they wereconsidered too metaphysical and idealistic, thus failing to provide legal certainty. On the otherhand, if positivism separates law from morality, the current of natural law argues that society,morality, and positive law are inseparable. Mainstream positivism is interesting to studytogether with the Indonesian socio-cultural context in a system that supports the ethics ofelection organizers. Using normative legal methods, this study examines how legal and moralrelations support the ethical system of Indonesian election organizers. The results of this studyconcluded that in the ethical enforcement system of Indonesian election organizers, therelationship between law and morality in the context of legal substance shows an integrativerelationship, and there cannot be attached a constitutional difference between morality and law.Even the value in Election Organizer Regulation Number 2 of 2017 and DKPP RegulationNumber 3 of 2017, DKPP Regulation 3 is amended by DKPP Regulation Number 3 of 2019 asa formal law that is taken into account as a moral right. However, in its implementation in thefield, the integrative relationship becomes an independent whole, giving rise to two differentinstitutions, each independent in its handling, regarding ethical violations and lawlessness.

Reproduction misconceived: why there is no right to reproduce and the implications for ART access

Reproduction is broadly recognised as fundamental to human flourishing. The presumptive priority of reproductive freedom forms the predominant position in the literature, translating in the non-sexual reproductive realm as an...

Copyright Protection of Song in the form of Barcode in Spotify Application for Commercial Purposes

The current development in digitalization has facilitated better human life, including enjoying the work of art, especially songs. One of the development is the Spotify application service. The application has made it easier to enjoy of work of song. Even though the song and music works have been protected in the Copywrite Law, the development has also caused the rise of copywriting violations. This article explores the legal protection for the Spotify application for song copyrighted works in the form of a barcode on the Spotify application for commercial purposes and the legal settlement regarding song copyrighted works in the form of a barcode on the Spotify application for commercial purposes. The research applied normative legal research with the statute, conceptual, and case study approach. The data collected are secondary data and primary which collected from library studies and field studies and analyzed descriptively and qualitatively. The study concludes that in practice legal protection in song and/or music copyrighted works can not be claimed and can not be protected because there is no recording of the results modified into acrylic products. Royalties can not be paid to creators and/or copyright holders though the infringement has been done and it has violated both moral rights and economic rights. Legal settlements cannot be completed through Article 95 of the Copyrights Law because there has been no official report by the aggrieved party, namely the creator and copyright holder, to the Spotify application.

Protection of the rights of performers in accordance with German law

Keywords: rights of the performer, moral rights, rights to use, communication tothe public, the right of the performer to demand payment of remuneration, the validityperiod of the rights to use
 The article examines the protection of performers' rights in Germany, introduced by the Act amending copyright regulations of 24 June 1985. The Copyright Act includes Part 2 «Neighboring Rights», section 3 of which deals with the protection of performers' rights, and the law itself is called the «German Copyright and Neighboring Rights Act». The German Law of 10 September 2003 on the regulation of copyright in the information society completely amends §§ 73−83 of the Copyright and Related Rights Act, which governs the protection of performers' rights under the WPPT.The provisions of § 73 «Performer» are extended to the performance of works of folk art. Paragraphs 74−76 are devoted to the protection of moral rights, which were indicated fragmentarily by previous legislation. In the corrected form, moral rightstake precedence over rights of use, which confirms the special adherence of German law to them. Whereas under previous legislation so-called “consent rights” were granted to performers, the updated paragraphs grants the present rights of use:recording, reproduction and distribution, communication to the public, rights of use, the right of the performer to demand payment of remuneration, the sharing of several performances.In Germany, the rights of the organizer of performances are protected. If the performance of the performer is organized by a company, then the rights to use belong, in addition to the performer, also to the owner of the company. According to §83, the provisions of Section 6 «Copyright Restrictions» of Part I «Copyright» of the Copyright and Related Rights Act apply respectively to the restriction of the rights of the performer and the organizer of the performance.The protection of performers in Germany is in accordance with the provisions of the Rome Convention, the WPPT, the relevant EU directives. With further improvement of the protection of the rights of performers in Ukraine, it would be useful to use the experience of Germany regarding the protection of the rights of the organizer of a performance and determining the term for the protection of rights to performances recorded on a phonogram.

Legal doctrine as human rights ‘practice’

Abstract‘Practical’ approaches to human rights hold that analysis of legal human rights must attend to the practice(s) of international human rights law and that the nature and justification of international human rights is best determined by attending to their role(s) in international human rights law’s system of normative practices, not analogous moral rights outside it. These core tenets plausibly explain the apparent normativity of international human rights law despite controversies about the status of many ‘rights’ in the ‘International Bill of Rights’. Yet plausible practical approaches require clear and compelling accounts of which practices qualify as human rights practices. Most existing accounts view ‘responses’ to claims made in the name of the international legal community as key to the identification of human rights. Activities by domestic governments and non-governmental actors qualify as relevant practices. While understandable, these ‘responsive’ accounts of practice create more problems than they solve. This work accordingly promotes a largely unexplored account on which ‘human rights practices’ are strictly defined by international legal doctrine. This ‘doctrinal’ account of practice is most likely to maintain practical approaches to human rights’ potential benefits without generating an unduly expansive rights register or adopting strong theoretical commitments about the nature of law.

A moral trade-off system produces intuitive judgments that are rational and coherent and strike a balance between conflicting moral values

How does the mind make moral judgments when the only way to satisfy one moral value is to neglect another? Moral dilemmas posed a recurrent adaptive problem for ancestral hominins, whose cooperative social life created multiple responsibilities to others. For many dilemmas, striking a balance between two conflicting values (a compromise judgment) would have promoted fitness better than neglecting one value to fully satisfy the other (an extreme judgment). We propose that natural selection favored the evolution of a cognitive system designed for making trade-offs between conflicting moral values. Its nonconscious computations respond to dilemmas by constructing "rightness functions": temporary representations specific to the situation at hand. A rightness function represents, in compact form, an ordering of all the solutions that the mind can conceive of (whether feasible or not) in terms of moral rightness. An optimizing algorithm selects, among the feasible solutions, one with the highest level of rightness. The moral trade-off system hypothesis makes various novel predictions: People make compromise judgments, judgments respond to incentives, judgments respect the axioms of rational choice, and judgments respond coherently to morally relevant variables (such as willingness, fairness, and reciprocity). We successfully tested these predictions using a new trolley-like dilemma. This dilemma has two original features: It admits both extreme and compromise judgments, and it allows incentives-in this case, the human cost of saving lives-to be varied systematically. No other existing model predicts the experimental results, which contradict an influential dual-process model.

Trader's Duties in Commercial Sale

In our economic life, traders use many contracts that allow manufactured products to reach a large number of potential customers and the material and moral rights to be transferred or constituted with a complete degree of legal security. Among these contracts, I quote for example, the commercial sale contract. This contract is not defined in Morocco's Commercial Code, which tackles only reselling purchases in the article 6 of law No 15-95, which constitutes the Moroccan Commercial Code of 1996, while the sales contract is defined and regulated by the Dahir of 1913, which constitutes the Law of Obligations and Contracts (L.O.C) without distinction between civil party and commercial one. In this context, there is also the legalization of several types of commercial sales through the Consumer Protection Law and the Free Prices and Competition Law, which is applied between traders and professionals in general. In this context, the importance of this research lies in determining the obligations of the parties in the commercial sale, because of their absence in the law of distribution and the diversity of the actors in the commercial sale contract. It will be through an analytical study of this topic. This study showed the inability of the above-mentioned laws to regulate trade, which requires reviewing of the Code of trade and the competencies of the Competition Council. In this context, we ask the question: What are the seller's obligations in the commercial sales contract? To study this subject, we will determine the seller's obligations under both contract code and competition law. Keywords: contract, commitment, producer, distributor, competition.

Legal and Regulatory Framework of Corporate Social Responsibility in Pakistan

This research paper explores whether any remedies are existing to the stakeholders in case if companies do not observe the implementation of CSR regulations. All the citizens of a state have some obligations as well as legal and moral rights. The world “citizens” include not only natural persons that is human beings but also the Legal entities like corporations etc.it is obligation of companies to perform functions effectively as responsible corporate citizens. In recent era, corporations cannot escape from their legal duties because their business activities having extra tri-dimensional effect on the society at large. The CSR (Corporate Social Responsibility)is the assurance by the corporations to act justly and contributes to economic growth while refining, improving and humanizing the quality of life of workers and as well as their dependents/ legal heirs and also the society. This research aims to disclose the level of CSR in the Pakistan. The idea of CSR is not compulsory activity has been highlighted. When we talk about Pakistan, enormous companies have basically been supporting CSR practices by choice in different forms such as charities and such like practices. According to the supporters, compulsory form of CSR can be properly carried out by legislation. In this research we shall try to analyze relevant provisions of statutes, laws, SOPs, rules, regulations and guidelines both at domestic as well as international level. Further the research will explore and highlight the significance of CSR, its proper implementation and reformation of laws.

The Dead Sea Scrolls Case: Features of Intellectual Property Disputes in Private International Law

The case is known around the world as a drama steeped in mystery, international intrigue, professional jealousy, political tension and conspiracy, which raised the issue of copyright in biblical manuscripts. This legal saga has sparked debate not only in the academic community studying the scrolls, but also among copyright lawyers around the world. The decision of the Supreme Court raises a fundamental question about the choice made of the rule of private international law in the context of copyright and moral rights. The issues to be discussed essentially related to academic freedom, access to unpublished sources, exchange of knowledge and information before publication, possibility of free use of material after publication. More than 2,000 years after it was written and half a century after its discovery, one of the Dead Sea Scrolls finally has a "legitimate" author, according to an Israeli court.

Efficient and Effective Management of Organizations Require Appropriate Ethical Relations Between Stockholders and Stakeholders. What Should be Their Morality (Ethics) on the Organization and the Relationship with Employees?

Peaceful co-existence of stockholders and stakeholders, comprising customers, consumers, employees, managers, suppliers/vendors, shareholders, etc. has always been problematic for organizations to thrive. Stockholders and owners of entities normally invest a lot of money into business with the sole aim of recouping their funds, and with interest. However, managers and employees also accept to work in organizations with the aim of earning good emolument to be able to live and survive. For the organization to be able to achieve competitive advantage, there should be understanding by employees to work hard and co-operate with stockholders by observing the laid down rules, and the owners equally providing good working conditions. This would enable managers and employees to give their best for the success and sustenance of the organization. Unfortunately, the globe is experiencing hard times due to the upsurge of Covid-19 which affected development and destroyed lot of lives, and currently the Russia and Ukraine war, which has also exacerbated the situation and escalated prices of goods. Both stockholders and stakeholders have the moral rights to co-exist peacefully for the success of organizations, which would benefit all parties.