Moral Rights Research Articles

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.

THE EFFECT OF ORGANIZATIONAL JUSTICE ON EMOTIONAL EXHAUSTION: THE CASE OF HEALTH EMPLOYEES

It will be tried to point out the issues of justice and burnout in the health sector, due to the inability of healthcare workers to obtain their material and moral rights in Türkiye, whose workload and work-related problems have become more evident with the pandemic, and the impact of the physical and psychological violence they encounter. In this context, purpose of the research is to examine the effect of organizational justice perception on emotional burnout. The research data required for this purpose was obtained from 141 health officers working in a research hospital in Ankara by face-to-face survey method in November-December 2022. Turkish adaptation made by Yıldırım (2007) of the organizational justice perception scale, which consists of 3 dimensions: distributive, interactional and procedural justice and contains 20 items, developed by Niehoff and Moorman (1993), which has been widely used in the literature in order to evaluate employees’ perception of organizational justice, was used. In order to evaluate employees’ perceptions of emotional exhaustion, 9 items from the scale published in the literature as the Maslach Burnout Inventory, which consists of 3 dimensions and 22 items developed by Maslach and Jackson (1981), were used and the Turkish adaptation of the emotional exhaustion dimension was made by Ergin (1992). The scales used to collect data were primarily subjected to confirmatory factor analysis (CFA) using the MPlus 7 package program. After the CFA along with the goodness of the scales’ fit values, effect of organizational justice on emotional burnout was tested with SEM (structural equation model) analysis. The result revealed that the perception of organizational justice affects emotional burnout in a significant and negative way. Research results reveal the benefit of investigating relation between organizational justice and burnout in the healthcare sector. In this context, the research is important in terms of understanding the employees in the sector and the subjective well-being of the sector.

PRINSIP DEKLARATIF SEBAGAI WUJUD PERLINDUNGAN HUKUM BAGI PEMEGANG HAK CIPTA ATAS CIPTAAN SKETSA TUGU SELAMAT DATANG DI JAKARTA (STUDI KASUS PUTUSAN NOMOR 35/PDT.SUS-HAK CIPTA/2020/PN NIAGA JKT.PS)

The research aims to determine and analyze the resolution of copyright holder disputes over creative works of sketches of the welcome monument in Jakarta based on declarative principles based on Indonesian positive law. The research method uses normative juridical research. This type of research is intended as a type of dogmatic (doctrinal) research and a form of descriptive research about laws. The approach to this research is a statutory approach and a case approach related to the application of the declarative principle for the copyright holder of a creative work, Sketsa Tugu Selamat Datang, against other parties who use the sketch's copyrighted work, without the permission of the copyright holder, such as in cases of copyright infringement. sketch of the welcome monument registered in case Decision Number: 35/Pdt.Sus-Hak Copyright/2020/PN Niaga Jkt.Ps).The results of this research are a form of legal protection for copyright holders for the Selamat Datang Monument Sketch, namely that the copyright holder has received automatic rights protection (declarative principle) if a work has been created or realized, and has received recognition from the state even though the work has not been registered or published. As well as providing legal protection for moral rights, economic rights (royalties), and rights related to copyright holders. These aspects have characteristics that must be carried out to be fulfilled in law enforcement. Another form of legal protection is a judge's decision that punishes PT. Grand Indonesia (defendant) to pay for material losses suffered by Seana Meaya Nunjung and other heirs (plaintiffs) due to the use of the PT Logo. Grand Indonesia, which is paid in full and at once after the verdict in this case, has permanent legal force.

Protection of sacred traditional cultural expressions: a perspective from Taiwan

In international debates regarding the protection of traditional cultural expressions (TCEs), some propose legal instruments with stronger sui generis protection for secret and/or sacred TCEs. But what would constitute stronger protection responsive to the needs of the holders of sacred TCEs? This article takes the Lalu case in Taiwan as a starting point for considering the sui generis protection of sacred TCEs, including what should be regarded as a protectable TCE and what is the proper scope of protection of sacred TCEs. The Lalu case reveals the difficulties of protecting Indigenous peoples’ essential sacred knowledge if a strict definition of TCEs is adopted. Therefore, this article reconsiders the idea–expression dichotomy and traditional knowledge (TK)–TCEs distinction by observing the characteristics of Indigenous peoples’ sacred culture and analyzing different international instruments related to TK/TCEs protection. Criticism of these dichotomies highlights the importance of the moral right, on the basis of which TCEs can be protected as a whole and the integrity of sacred culture can be maintained. Finally, this article discusses the possibility of supporting the protection of tangible sacred places or sacred objects by enhancing the sui generis right to sacred TCEs.

Peace between Israel and Palestine?

Talking to a relative of mine who lives in Israel, we exchanged by email about the Hamas terrorist attack and the brutal re-sponse of the Israeli Armed Forces that affected the entire Pal-estinian population of Gaza. He spoke to me about the moral right of the Jewish people to exist and I replied that the Pales-tinian people also had the moral right to exist. That ended the respectful dialogue we had. The Palestinian people's right to ex-ist remained unanswered.

Social networking sites' licensing terms: A cause of worry for users?

AbstractTerms of service (ToS) for social networking sites (SNS) like Instagram, Meta, X, and so on, is a clickwrap agreement that establishes a legal relationship between platform owners and users, yet probably it is the most overlooked legal agreement. The users of these sites often overlook the ToS while registering themselves on these sites and even if users (especially those with no legal background) are attempting to read them, it is difficult for them to understand because of the legal jargon. As a result, they end up signing away legal rights about which they are unaware. According to these sites' ToS, though the ownership of the user‐generated content is bestowed upon the user but the users grant to these sites “a non‐exclusive, royalty‐free, transferrable, sub‐licensable, worldwide license” and this license can be used “to host, use, distribute, modify, run, copy, publicly perform or display, translate and create derivative works of user's content.” These sites even bestow on themselves the right to modify the content which poses challenges to the right‐holders' moral rights. The fact that these platforms can sublicense the user's work creates complexities when a user intends to grant an exclusive license of his work. There is no clarity on the language of the terms like the manner of exploiting the user's content, what happens if the sublicensing is for a wrongful purpose? The problem magnifies as there is neither explicit indication about the duration of the license nor about the territorial extent. This would suggest that these sites can get a perpetual license on the content of the users. These SNS have consumers spread worldwide but in their ToS, they have forum selection clauses that list out the courts and districts in California. This means users will be discouraged to bring a copyright suit due to the lack of an option to file a claim in their home country. The US case Agence France Presse (AFP) v. Morel helps us conclude twofold mainly there is a hope that SNS will not take ToS to shield themselves from further use of the user's work and strengthen the idea that these platforms may choose to license to their partners. Further, in 2018, the Paris Tribunal declared most clauses of Twitter “null and void” due to the nature of the license and also, because it was not in compliance with French Intellectual Property Code. This gives a faint hope for a positive shift in the legal treatment of user‐generated content. Though these sites claim to retain the sublicensing right to run their sites smoothly but the licensing is very broad and carries the possibility of many usages of the content that too without paying compensation to the user. Therefore, this paper aims to highlight and give insight into the unfair licensing terms of the most often used social networking sites and its implications.

A healthcare approach to mental integrity

The current human rights framework can shield people from many of the risks associated with neurotechnological applications. However, it has been argued that we need either to articulate new rights...

Dynamics Response of Indonesian Islamic Law to the Protection of Intellectual Property Rights

Every work of innovation is a valuable intellectual property that should be protected by the state, according to Law No. 24 of 2014. However, Intellectual Property Rights are not adhered to by the public as there is much piracy. This is evident in the proliferation of websites providing pirated music, photocopies of books, and uploading songs that are sung again without permission from the creator. This necessitates a study related to the protection of Intellectual Property Rights (IPR) from the perspective of Islamic law. Building on the theory of maqasid sharia, the study shows that Islamic law views copyright as protected property because it is haq al-ibtikar containing the creator's exclusive, economic, and moral rights. From a fiqh perspective, the solution should be based on moral and economic demands. Therefore, it is necessary to strictly enforce the law against violations of Intellectual Property Rights because it is based on the appreciation and protection of creative rights, which signify professionalism.

Are gambling company sports sponsorships a losing game? Investigating consumer responses on gambling, brand and team outcomes

The current study investigates the causal relationships between exposure to gambling sports sponsorship and consumers’ gambling-linked, team, and brand outcomes, as well as the underlying explanatory mechanisms. We conducted two single-factor between-subjects experiments (sponsoring brand: banking company vs. commercial gambling provider), among 200 adult participants per experiment. The results reveal that the participants did not see a good fit between a commercial gambling provider and a soccer team, they perceived gambling sponsorship as morally inappropriate (among people who did not experience any risks or problems with gambling) and found the gambling sponsor insincere. We also found that gambling (vs. banking) sports sponsorships directly negatively influenced the sponsoring brand and sponsored team. Finally, gambling-linked outcomes were indirectly negatively affected by gambling sponsorships via sponsor moral appropriateness and normalization and risk perceptions about gambling.

Animal Rights in Greece: Legislation and Perceptions

Animal rights are a controversial issue that often causes ethical dilemmas within modern civilization. Philosophical thought plays a key role in this debate, through various theories that put forward the establishment of moral rights to animals. All this is also reflected in the adoption of strict legal frameworks in favor of animal protection throughout the Western world. In Greece, in recent years huge steps have been taken compared to the past and now a fairly strict legal framework has been adopted for the protection of animals (mainly companion animals) but also for the obligations of their owners. Nevertheless, animal abuse in Greece continues almost on a daily basis. To better understand the parameters that determine the human-animal relationship from an ethical point of view, an empirical study was conducted as part of an ongoing research investigating the perception and level of familiarity of university instructors on this topic. Research findings refer to four thematic categories: a) legal framework, b) animal rights-ethics, c) experimental animals, d) technology and animals and show that the academic background of the participants generally does not play a significant role in their answers.

Legal proof: why knowledge matters and knowing does not

I discuss the knowledge account of legal proof in Moss (2023) and develop an alternative. The unifying thread throughout this article are reflections on the beyond reasonable doubt (BRD) standard of proof. In Section 1, I will introduce the details of Moss’s account and how she motivates it via the BRD standard. In Section 2, I will argue that there are important disanalogies between BRD and knowledge that undermine Moss’s argument. There is however another motivation for the knowledge account: combined with auxiliary claims, that is probabilistic knowledge and moral encroachment, it can provide a general solution to the puzzle of statistical evidence. Section 3 spells out the details. In Section 4, I suggest to combine the knowledge account with pragmatic encroachment, instead of moral encroachment, in order to stay clear of the thorny issues whether corporations have moral rights. In Section 5, I argue that the verdicts of Moss’s account in cases of false justified beliefs and non-luminous knowledge conflict with the BRD standard and thus call for abandoning the account. Based on the social function of the BRD standard, I suggest a replacement for the knowledge account that is also just as potent as a general solution for the puzzle of statistical evidence. While I will grant that knowledge is neither always necessary nor always sufficient for convictions, I will argue that the concept of knowledge nonetheless plays a significant and ineliminable role in legal decision-making.

Confiscation of Copyrights in Investigations of Criminal Actions in the Field of Taxation and Tax Collection

This article discusses the confiscation of copyright as a form of intellectual property in the investigation of criminal acts in the field of taxation and tax collection. Copyright legal provisions recognize the moral right of creators to defend their rights from things that are detrimental to their personal honor or reputation through certain legal measures, while tax law regulates the authority to carry out confiscation in the event of criminal acts in the field of taxation or unpaid tax debts. This can cause conflicts between legal provisions in their implementation and raise questions about how to confiscate copyright as an intangible movable object. To answer this question, the author carried out a juridical analysis of the provisions of Copyright law and confiscation, prepared arguments for the relevance of Copyright confiscation, and drew conclusions inductively based on the results of the analysis. With the conclusion that there is a legal basis for confiscation related to investigations, but regarding tax collection it does not have sufficient legal basis and requires further regulation of confiscation authority. The exercise of confiscation authority that is not against the law will not conflict with the Creator's legal efforts to defend his rights.

Deconstructing Intellectual Property Rights in Fanfiction: A Case Study on Copyright Protection and Moral Rights

The protection of intellectual property rights serves to safeguard the interests of creators by granting them exclusive ownership rights over their creative works. Copyright includes both ethical rights and financial rights. Fanfiction is safeguarded by copyright, which is a form of intellectual property rights. This article presents a case study examining the role of Intellectual Property Rights and Moral Rights in the context of Fanfiction with Normative Legal Research. The fair use doctrine, as implicitly articulated in Article 44, paragraph (1) of the IPR Act of Indonesia and comparation with another regulation, is encompassed within this category. Furthermore, the considerable similarity test is utilized to assess the degree to which similarities and actuality exist in the work. The pattern test entails the analysis of the narrative structure and overall depiction. Finally, the feel and total idea test is employed to assess the essence and attributes of the writing, as well as the implementation of parallels in narrative themes. The establishment of legislation concerning Fanfiction is of utmost importance in order to delineate distinct boundaries between creative pursuits and legal violations. Ensuring the protection of novelists and amateur writers who have a profound emotional attachment to the narratives they have encountered is of utmost importance, as it cultivates their propensity to generate alternative stories.

Fashion and Authors’ Moral Rights

Abstract Due to the judgments Cofemel and Brompton from the Court of Justice of the European Union (CJEU), it is certain that the standard of copyright protection for works of applied art is the same as for any other work categories. However, the harmonising effect of these judgments only extends to the author’s economic rights, and not their moral interests. The moral rights of authors have not been popular topics in legal literature concerning copyright and works of applied art. This raises the question of to what extent moral rights apply to these works, which many national copyright laws used to discriminate against prior to the guidance from the CJEU. This multidisciplinary article delves into the complex relationship between moral rights and works of applied art in the specific context of fashion design. It appears that moral rights are absent from the standard practice in the fashion sector. This is evident, inter alia, in the fact that typically only renowned designers are attributed as authors. The article notes that there is no legally valid reason for fashion houses to overlook designers’ right of attribution. The right of integrity, however, has much less practical significance in the fashion sector. This article suggests the correct approach to moral rights in the fashion sector. The focus is on the European author’s rights tradition. The moral rights tradition of the Nordic states is used as a reference point because it allows for the consideration of the realities in different creative sectors without disrespecting authors’ personal interests.