Moral Rights Research Articles

Can an effective end-of-life intervention for advanced dementia be viewed as moral?

Many people dread prolonged dying with suffering in the terminal illness, advanced dementia. To successfully facilitate a timely dying, advance directives must be effective and acceptable. This article considers whether authorities, including treating physicians, can accept as moral, the effective intervention that ceases caregivers' assistance with oral feeding and hydrating. The article presents eight criticisms and "alternate views" regarding ceasing assisted feeding/hydrating. It draws on perspectives from clinical medicine, law, ethics, and religion. The conflict is between (A) people's core beliefs that reflect cultural norms and religious teachings regarding what is moral versus (B) patients' autonomous right of self-determination and claim right to avoid suffering. The article presents each side as strongly as possible. Accepting the intervention as moral could allow patients a peaceful and timely dying from patients' underlying disease. Confidence in future success can deter patients and their surrogates from considering a hastened dying in earlier stages of dementia.

Legislative Deficiency in Moral Authors' Rights in Digital Literature (International Conventions and Jordanian law)

Legislative Deficiency in Moral Authors' Rights in Digital Literature (International Conventions and Jordanian law)

Legislative deficiency in moral authors' rights in digital literature (international conventions and Jordanian law)

Legislative deficiency in moral authors' rights in digital literature (international conventions and Jordanian law)

ЗАКОНОДАТЕЛЬСТВО И ДУХОВНО-НРАВСТВЕННАЯ БЕЗОПАСНОСТЬ РОССИЙСКОЙ ФЕДЕРАЦИИ: МЕХАНИЗМЫ СОХРАНЕНИЯ, ЗАЩИТЫ И КОНСТИТУЦИОНАЛИЗАЦИИ

The article is devoted to the consideration of mechanisms for the preservation and protection of traditional spiritual and moral values. The author notes that the adoption of the Decree of the President of the Russian Federation dated 11/19/2022 No. 809 "On Approval of the Foundations of State Policy for the preservation and strengthening of traditional Russian spiritual and moral values" is an important stage in the development of the Russian state and legal system, taking into account its socio-cultural, civilizational background. The emphasis is placed on the fact that the Constitution of the Russian Federation unequivocally prohibits the establishment of a state or mandatory ideology, there are no barriers to the presence of a public ideology in the state. According to the author, it is necessary to consolidate the concept of "traditional spiritual and moral values" in the legislation by making a number of changes to existing normative legal acts. According to the author, the legislation of the Russian Federation should develop along the path of integration of law and morality. A certain set of measures is required to institutionalize state support and protection of traditional spiritual and moral values. To date, there is a legally extremely significant gap in the definition of the concept of "public morality". Ensuring spiritual and moral security and protecting spiritual and moral human rights must be legislatively defined as a priority task of the State. According to the author, the main task of the state today is to preserve the family and the strength of marriage as the basic value of society and the state. The family, as a priority value, should be enshrined in a special federal law, providing this state-forming institution with special guarantees for the realization of the right to a decent existence, cultural and moral security, upbringing and education of children in traditional spiritual traditions.

저작재산권의 보호기간이 만료된 저작물의 저작인격권에 관한 쟁점

Recently, as the copyright protection period of famous characters who have been loved and popular around the world has expired, anyone can use them freely. For example, as the copyright of the character “Winnie-the-Pooh”expired in 2022, a startup film company created a low-budget film called “Winnie-the-Poo: Blood and Honey”, transforming the cute and friendly Pooh into the wild killer bear. As can be seen in this case, even if the first character is changed to the opposite to the extent that it undermines the reputation of the author, it is not possible to claim copyright infringement because the copyright protection period has already expired. However, if malicious distortions or variations that can continue to undermine the author's personal interests after the expiration of the copyright protection period are left unprotected, it may confuse the general public's trust in the character's unique character that the original work has held for more than decades, so it is necessary to consider ways to prevent it.
 Author’s Moral Right is inalienable, and in comparative law, each French and Chinese IP-related Act legislates that moral right is permanently maintained, but Korea does not have such a legislation as to the protection period of moral right.
 In this study, the possibility of civil damages or criminal punishment for moral right infringement after author’s death, especially the current copyright law stipulates offense indictable without complaint in relation to criminal punishment for violations against moral right after author’s death, and it is proposed to revise to delete offense indictable without complaint under the copyright law by comparing it with the crime of defamation of a deceased person under the criminal law.

업무상저작물 저작권 귀속 논의에 따른 동일성유지권에 대한 소고

Article 2, No. 31 of the Korean Copyright Act stipulates the conditions for works made for hire. Article 9 of the Korean Copyright Act stipulates that the author shall be an employer if there are no other regulations in the contract. In a comparative legal analysis, its provisions are recognized as significant exceptions to the creator principle of the Korean Copyright Act. Still, there is a question as to whether it may unduly restrict the interests of employees as creators.
 To achieve an appropriate balance of interests between employers and employees, the proposed amendment to the Korean Copyright Act of the Ministry of Culture, Sports and Tourism in 2020.
 It suggests the provision that copyright property rights, including the right to create derivative works, shall be deemed to be transferred to the employer, while copyright moral rights shall belong to employees who are the creators of the work.
 Regarding works made for hire, the issue of infringement disputes shall arise regarding the right of integrity. Under the German Copyright Act, balancing the employer’s and employee’s legal interests is essential during the three-step test relating to exercising moral rights.
 When considering the legal doctrine of attributing moral rights to employees, the appropriate standard for restrictions on exercising the right of integrity should be made concrete. This discussion is even more critical when considering the influence of the content industrial sector through works made for hire.

Juridical review of moral rights ownership in copyright of photographic works used for artificial intelligence algorithms

This research delves into the legal landscape concerning moral rights ownership within the realm of copyright for photographic works, specifically exploring their utilization within artificial intelligence (AI) algorithms. Focusing on the intersection of intellectual property law and AI technology, the study investigates the rights and protections accorded to creators of photographic works under copyright laws. The analysis encompasses the ethical and legal considerations pertaining to the use of these works in AI algorithms, scrutinizing issues related to attribution, integrity, and the recognition of creators. By examining the current legislative frameworks and jurisprudence, this research aims to provide insights into the challenges, implications, and potential regulatory adaptations required to ensure the preservation of moral rights for creators within the context of AI-utilized photographic works.

A Composite Approach Towards Robot Rights in the Era of AI: Preference, Capability and Social Order

Should we grant rights to highly intelligent AI robots? Traditional approaches related to deontology and utilitarianism cannot adequately argue that robots without consciousness and sentience can be justified as moral patients. An alternative social-relational approach is also limited to the moral standing of robots rather than their legal roles. In response to these issues, this paper provides a rough modified outline of the traditional theories according to the characteristics of current AI robots by further analysing how to grant moral rights and legal rights to robots regarding the human ethical system and human interests. In addition, it is suggested by this paper that a new resource of robot rights, compatibility, can be further integrated into traditional theories to form a composite approach towards robot rights in the era of AI.

Legal regulation of the participation of artificial intelligence and other generators in the process of creating results comparable to works

In the modern world, some components of legal relations that do not have legal personality — animals, technical devices, artificial intelligence systems — are able to generate results comparable to works. However, neither regulation of this process, nor legal protection regime of its results are provided in international treaties, and are established less than fragmentary in national law. In this regard, the following questions arise: are the results of the activities of the listed components protected under copyright law and who exactly is the author of such results — the owner of the animal/device/technology, or the direct creator of the result, who is not a human being. A general term “generators of results comparable to the results of intellectual activity” is introduced into the doctrinal turnover, by which it is proposed to understand a component of a legal relation that does not have legal personality in accordance with the law of modern states — animals, technical devices, artificial intelligence, etc., — which, participating in process, partly comparable to human creative activity, are capable of producing (generating) results comparable to objects protected by intellectual property law, in particular, works. Up to date, the idea of generators as objects, not subjects of law, has not been shaken, and copyrights are not granted to them. In view of the possible commercial and artistic value of the results of their “creativity,” it may be advisable to establish a special protection regime without granting anyone non-property (moral) rights, however, with the recognition of all or some of the property rights in the created object for the generator’s proprietor for a reduced period of time.

Criminal Law Enforcement of Book Copyright Infringement in Digital Market Places in The Ecosystem E-Commerce Through Restorative Justice

Criminal law enforcement against book copyright infringement in Indonesia is still weak and has not ensured legal certainty in its protection. Justice for copyright holders is still not achieved in a restorative manner, due to not updated copyright rules in accordance with the development of digital markets in the marketplace. The purpose of this study is to analyze criminal law enforcement, legal protection and restorative justice against copyright infringement of books on Digital Market Place in Indonesia. This research method uses normative juridical type with descriptive analysis approach and empirical comparison. The results showed that criminal law enforcement against copyright infringement of books on Digital Market Place in Indonesia is categorized in the criminal 'complaint offense' which is carried out through the initial stages of receiving complaints on copyright infringement followed up with mediation in settlement efforts, and if no settlement is found then the next stage is resolved in the judicial process through case examination, investigation and investigation, the process of interception of digital evidence and its handling up to the judicial process. Legal protection of book copyright on Digital Market Place from the perspective of law enforcement is done through efforts to protect the regulatory aspects of copyright automatically copyright holders, recording system / registration of exclusive rights; moral rights and economic rights, guidance systems and internal supervision preventively through socialization of education and respressively through monitoring the market place, as well as external supervision in customs through cooperation beacukai in tackling the sale of goods that violate copyright. Restorative Justice efforts in criminal law enforcement against copyright infringement of books on Digital Market Place is done by dispute resolution through mediation and arbitration in the commercial court. Conceptually, Restorative Justice is designed in the future with the concept of fair restitution in the recovery of repairs for damage to copyright morally and recovery of compensation for the loss of economic rights materially. As the findings of this study the concept of restitution in restorative justice is very relevant to be developed in the future in the global copyright rules along with the development of E-Commerce in the digital market.

Rights and the Good

Abstract What is the connection between moral rights and the good? While familiar normative theories give justificatory precedence to one notion over the other, this paper explores a neglected alternative: when properly specified, the notion of moral rights and of the good conceptually depend on each other.1

Doctors’ perception on the infringement of basic rights and the collapse of essential medical services following CCTV installation in the operating rooms

Background: On September 25, 2023, the law requiring the mandatory installation and operation of closed circuit television (CCTV) in the operating room went into effect. In this study, doctors’ perceptions of the law were re-examined on September 23, 2023 (just prior to the law’s enforcement), following a survey conducted on July 21, 2021 (before the re-examination of the bill). This study aimed to confirm doctors’ perceptions of the infringement of fundamental rights of this law, the collapse of essential medical services due to the avoidance of surgery, and other concerns and priority solutions ahead of the law’s enforcement.Methods: The survey was conducted from 8 to 18 September, 2023, by the Korean Medical Association Doctor Survey; a total of 1,267 doctors responded to the survey.Results: Out of 1,267 respondents, 1,156 (91.2%) said “yes,” and 111 (8.8%) said “no” to issue concerning constitutional violations of fundamental rights–such as the freedom of medical personnel to practice their profession–and moral rights. A total of 1,149 (90.7%) respondents agreed with the concern regarding the collapse of essential medical care due to the avoidance of surgeons.Conclusion: Sufficient guidance should be provided, along with guidelines that provide explicit standards for the installation and operation of the CCTV systems, along with safety management measures. Medical disputes and the heavy legal responsibility of medical personnel are the main reasons as to why essential medical care collapses, given the avoidance of surgery. Medical disputes should be avoided in order to prevent essential medical care collapse, as the video is used as evidence for criminal sanctions.

The Extent to Which a Moral Right is Subject To Limitation or Attachment by creditors

This study focused on examining the subject of the extent to which the moral right is subject to limitation or seizure by creditors in accordance with the Jordanian Copyright Protection Law No. 22 of 1992 and the Egyptian Intellectual Property Protection Law No. 82 of 2002. This study dealt with the extent to which the moral right is subject to statute of limitations or attachment by creditors, where the Jordanian legislator explicitly stipulated in the Law on Copyright Protection that the moral right is not subject to statute of limitations or seizures, the moral right is close to the personality of the author, and can only be seized on works whose author has decided to publish them either that have not decided to publish may not be seized because they may appear in a way that may offend their author, and in the event of assault must the author or heirs who They have the material rights to defend them because this damages the reputation of the author.

Legal Protection of Digital Painting Works as Intellectual Property Right

Currently, there is evidence of plagiarism or use of digital painting works that were taken secretly without permission from the owner of the digital painting artwork, because this very free digital space makes intellectual property works vulnerable to theft. The aim and focus of the research is more on analyzing legal protection arrangements for digital painting work. The research method used is normative juridical analysis using legal data in an open source manner with digital painting objects. Based on the research results, the legal protection of digital painting is protected by Law Number 28 of 2014 concerning Copyright and an international agreement in the form of the Trips Agreement. In accordance with Article 4 of the Copyright Law which states that copyright, including digital painting, is an exclusive right which consists of moral rights and economic rights. As for legal remedies for digital painting creators whose creations are misused by other people, they can report them via the E-Commerce Platform and can take legal action outside of court and also take legal action by filing a lawsuit in the commercial court. This research contributes a new regulatory discipline to digital painting.

Understanding Resistance to Honoring VSED Advance Directives in Dementia Patients: A Cross-Sectional Provider Survey

The prerogative to refuse life-sustaining and life-prolonging interventions via an advance directive is an established legal, ethical, and moral right. Controversy remains as to whether patients with dementia have an equivocal right to refuse assisted feeding at the end of life through an advance directive made when the patient had decision-making capacity.

A right to exclusion or a right to migration? – Neither!

The discussion about the open-border postulate, initiated by Joseph H. Carens in 1983, is developing an ever-increasing dynamism in both Anglo-American and German-speaking philosophy. There are two positions in this discussion: (1) the view that states have the sovereign right to decide whether and under what conditions they grant entry and residence to aliens (the right to exclusion); (2) the view that all people have a moral right to global free movement (the right to migration).The essay defends the thesis that there is neither a moral right to migration nor a moral right to exclusion. In the relationship between states and aliens, the state of nature prevails. In the state of nature there are no moral rights and duties other than human rights. Neither the alleged right to migration, i.e. global free movement nor the alleged right to exclusion can be considered a human right.The study is focused solely on ethics. Positive law, which depends on many coincidences anyway, is not considered.

General Provisions of Intellectual Property Rights in Ukraine

The article is devoted to the study of the general provisions of intellectual property law in Ukraine. The article notes that the importance of protecting property rights in the intellectual sphere has been growing rapidly in recent decades. A theoretical and practical understanding of the nature of intellectual property rights was carried out based on the analysis of current legislation and available scientific, methodical and journalistic materials. The list of laws that regulate activities in the field of intellectual property, both at the national and international level, is given. It is interesting to note that in Ukraine there are quite a lot of special legislative acts regulating the above activities. Attention is focused on the adaptation of Ukrainian legislation to the legal system of the European Union. International legal acts regulating the protection of intellectual property rights are given. Scientific and regulatory approaches to defining the concept of intellectual property rights are considered. It is established that this concept can be considered in two ways: objective and subjective. In an objective sense, in the legal literature, intellectual property law is considered as a system of legal norms that regulates homogeneous social relations in the field of intellectual property. In a subjective sense, the right of intellectual property is considered as personal property and non-property rights of natural persons, which according to the current legislation belong to the authors for the results of intellectual activity. Special attention is paid to the interpretation of the concepts of property and non-property intellectual property rights. Property intellectual property is the author's rights to the results obtained from his creative activity, similar to the property rights of those who create material objects with their labor (devices, devices, mechanisms, new information technologies, etc.). Non-property intellectual property rights are a set of moral, mental, rational, intellectual and other human rights, which by their nature cannot be alienated from the owner. A comparative analysis was made between intellectual property law and property law in general, and their relationship was also analyzed.

The Evolution of Forensic Genomics: Regulating Massively Parallel Sequencing.

Forensic genomics now enables law enforcement agencies to undertake rapid and detailed analysis of suspect samples using a technique known as massively parallel sequencing (MPS), including information such as physical traits, biological ancestry, and medical conditions. This article discusses the implications of MPS and provides ethical analysis, drawing on the concept of joint rights applicable to genomic data, and the concept of collective moral responsibility (understood as joint moral responsibility) that are applicable to law enforcement investigations that utilize genomic data. The widespread and unconstrained use of this technology without appropriate legal protections of individual moral rights and associated accountability mechanisms, could potentially not only involve violations of individual moral rights but also lead to an unacceptable shift in the balance of power between governments and the citizenry. We argue that in light of the rights of victims and the security benefits for society, there is a collective moral responsibility for individuals to submit their DNA to law enforcement and for MPS to be used where other, less invasive techniques are not effective. However, this application should be limited by legislation, including that any data obtained should be directly relevant to the investigation and should be destroyed at the conclusion of the investigation.

Defects in the Moral Rights Regimes of the Countries of the Middle East

Abstract This article focuses on the protection of moral rights in Egypt, Israel, Lebanon, and the UAE. While moral rights are recognised in the four jurisdictions subject to this study, the level of protection is unsatisfactory. This article analyses the many defects surrounding the subsistence and exercise of moral rights and makes a host of suggestions to enhance the level of protection granted under national laws.

The Impact of Developments in Artificial Intelligence on Copyright and other Intellectual Property Laws

Objective: The objective of this study is to investigate the impact of AI breakthroughs on copyright and challenges faced by intellectual property legal protection systems. Specifically, the study aims to analyze the implications of AI-generated works in the context of copyright law in Indonesia.
 
 Method: The research employs a normative legal approach, utilizing secondary data sources including books, legal journals, research findings, and statutory regulatory documents. The study focuses on relevant legal frameworks, such as Law No. 28 of 2014 governing copyright in Indonesia. The analysis is based on existing literature and legal documents to understand the current state of AI-generated works and their eligibility for copyright protection.
 
 Result: The research findings reveal that according to Law Number 28 of 2014 in Indonesia, AI-generated works do not meet the originality standards required for copyright protection. However, users of AI-generated works are still bound by the terms and conditions set by the AI platform, which can limit their rights to the work. The impact of AI developments on copyright law includes challenges related to determining creators and copyright holders, redefining the concept of originality, increased instances of copyright infringement, issues concerning moral and personality rights, and collaborations involving both humans and AI. Additionally, challenges related to database protection and patent protection in the context of AI are also highlighted.
 
 Conclusion: In conclusion, the advancement of AI technology introduces complexities in intellectual property law. The existing legal frameworks, such as copyright laws, need further adaptation and clarification to effectively regulate AI-generated works in the digital era. Addressing issues related to originality, creatorship, and collaborative works involving AI requires careful consideration and legal adjustments. Additionally, challenges related to database and patent protection in the realm of AI need to be addressed to ensure comprehensive intellectual property protection in the face of evolving technologies. Legal adaptation and clarification are crucial to navigating the intricate intersection of AI and intellectual property law.