Moral Rights Research Articles

Role of Traditional Weavers in Socio – Economic Development

Objective: This study analyses the role of traditional weavers towards socio – economic development by examining the market competition between traditional woven clothes and clothes produced from power loom. This paper also discusses the relationship between traditional cultural expressions with moral rights of Copyright Law. Methods: This study is based on the literature collected from secondary sources. It relies on Constitution of India, published research articles, text books, reports on international conventions, etc. The literature is analyzed by using descriptive – analytical method. Results: Intellectual Property Law is very narrow to protect traditional knowledge (TK) and traditional cultural expressions (TCE). IPR laws require the work of the people to be original and novel. Traditional weavers do not fulfill the requirement of originality and novelty because the products are result of TK and TCE passed down from many generations. A sui – generis law is felt necessary to protect the hand woven dresses made by the traditional weavers. Such sui – generis law may include positive protection and defensive protection as provided under World Intellectual Property Organization (WIPO) to help traditional weavers access share of equal benefit and restrict the third parties from obtaining rights over the products derived from TK and TCE. Customary law is also one of the potential approaches to holistically recognize the rights of traditional weavers. Suggestions: It is recommended to encourage traditional weaving for the sustainability of weaving culture. However the present generation can enhance the weaving techniques by blending it with new technologies. The marketing strategy should be learnt by traditional weavers to meet the expectation of globalised market. There should be direct communication between customers and weavers to understand the expectation of customers. This will open path to traditional weavers to develop their skills, designs, and promote their products directly in the market. To raise awareness among consumers, the hand-woven goods should be promoted. The Handloom Act of 1985 should be implemented. The state's department of handloom should frequently inform weavers about the reserved commodities. Power loom facilities should be legally registered with a statement that none of the restricted items listed under Handloom Act, 1985 will be produced. The power loom weavers should be held legally responsible if it is discovered that they are making reserved items. Copyright Law should include weaving as TCE and grant protection under moral rights.

The Tussle Between Artistic Creativity and Commerce in the Realm of Copyright Law; Exploring Copyright Existing in the Work of Director of a Film

The Indian film industry, renowned for its diversity and prolificacy, stands as a testament to the creative process of its directors. This paper delves into the intricate realm of copyright law as it pertains to the director's work in Indian cinema. In a country where filmmaking is both an art form and a thriving industry, the protection and regulation of the director's creative contributions are of paramount importance. This analysis examines the legal framework governing copyright in directorial works, encompassing elements such as screenplay, cinematography, choreography, and overall visual aesthetics. It sheds light on the Indian Copyright Act of 1957 and its subsequent amendments, elucidating the rights granted to directors and the duration of their protection. Furthermore, the abstract explores notable cases and legal precedents, showcasing the evolving nature of copyright jurisprudence in India. It also discusses the challenges faced by directors in asserting their rights, including issues related to authorship, moral rights, and disputes with producers and studios. The comparative study of the UK Copyright Law provides number of new jurisprudence which can find a place in Indian ecosystem. By navigating the intricate legal landscape and addressing emerging challenges, this paper aims to present a more comprehensive understanding of the evolving copyright paradigm in India's dynamic film industry. Keywords: Copyright, Economic Interest, Joint Authorship, Director, UK CR Law.

Conservation Processing of Modern and Contemporary Outdoor Bronze Sculptures

‘Pieta’(1980) by Se Choong Kim required scientific analysis and conservation treatment due to long outdoor exhibitions and paint on surface of bronze sculpture. However, there was a concern that the originality of artwork and ‘moral rights of the artist(the right of integrity)’ could be violated by including conservation treatment methods that were inevitably irreversible, such as removing the old layer and re-patination. Accordingly, the brown color that was mainly used during the artist’s lifetime, was selected as the patination color through collaboration with various stakeholders. As a result of analyzing the making technique of ‘Pieta’, it was found that it was cast in Cu-Zn-Sn-Pb quaternary art bronze. The material, methods, and environment at the time of making artwork were confirmed by comparing the result of scientific analysis of welding, repair, and defects with inerviews with casting engineers. The paint painted on the surface of the bronze sculpture was confirmed as painted twice with metalic paint mixed with polystyrene and copper powder and graphite-based paint. Laser cleaning was applied after a preliminary experiments to stably remove paint, and 95% of the paint layer area was uniformly removed as a result of comparing and analyzing the volume before and after removal through 3D scanning. Brown patina was applied through patination then wax coating to finish.

Vůle a její relevance pro právní filozofii

The article deals with the will and related legal issues. It first discusses the historical development of the concept of will and then looks at other issues relating to it, such as its freedom. It shows the different ways in which the definition of will has been approached, and also explains how contemporary scholarship has approached the question of its freedom. In particular, the text mentions the problem of personhood as one that is related to the question of the will in contemporary legal philosophy. To be able to grant rights to someone (whether human rights in the sense of moral rights or subjective rights in general), some theories recognize as a relevant criterion precisely the will of the agent, or also its freedom. The author argues, however, that we have neither a clearly accepted definition of the will nor a generally accepted explanation regarding its freedom. This then generally puts us on thin ice when we base theories of legal personhood or laws that affect peopleʼs lives on this concept.

The Concept of IPR Ownership in the Context of the Copyright Legal System and Indonesian Society’s Cosmology

Ownership is conceptualized as a human right that gives the authority to order something that is owned. As a legal state, Indonesia regulates intellectual property rights, including copyright. In this study, normative legal research is used, which is descriptive-analytical. Copyright is an exclusive right or right owned by the creator of certain information and ideas to reproduce and regulate his work. The concept of ownership in copyright gives creators economic and moral rights automatically protected by the state through copyright law. In contrast, the principle of customary law is the concept of communal ownership. Customary law is more concerned with the interests of society than individual interests. In the cosmology of Indonesian society, most do not recognize individual ownership, but the concept of ownership in the culture of society only recognizes communal property rights or shared property, so the concept of IPR is not known in the culture of Indonesian society.

Unveiling copyright law double bind through pragmatist feminism: adult content creators as authors

ABSTRACT Adult content creators’ copyright is undermined in the profitable, gig economy, porn industry. From an analysis of the terms of use on the ManyVids, Chaturbate, OnlyFans and Pornhub porn platforms, the results show such creators have no bargaining power vis-à-vis online platforms. Although they create pornographic content, the copyrightability of their works is obscured because the recognition of their authorship is often a smokescreen. This is because, under the terms of use, they are forced to perpetually transfer their economic rights to online platforms without royalties in exchange as well as waiving their moral rights. By using Radin’s pragmatist feminist methodology, we suspend any critique of the goodness or badness of pornography in order to unveil the double bind that adult content creators working in the gig economy face in the context of UK copyright law.

Protection of Performers’ Rights in Indonesian Copyright Law: Copyrighted Works Uploaded to YouTube

The Beijing Treaty allows performers to benefit from using audiovisual fixation for commercial purposes. This treaty is the first treaty specifically to protect against the head of the show. Indonesia has ratified the Beijing Treaty in order to give protection to the performers. There are provisions that performers can maintain moral rights until death (but not after death) and until the end of economic rights and refuse all forms of distortion, excision and modification that damage the reputation of performers. This article analyses the protection of the rights of performers whose works were uploaded without permission to YouTube under Indonesian Copyright Law 2014. This research is normative juridical research with a conceptual and statutory approach. The result is that the show performers’ performance rights under the Beijing Agreement have been adopted in the 2014 Indonesian Copyright Act, even though there are some differences in defining the fixation and scope of the show rights to the fixed performance terms. The 2014 Indonesian Copyright Law has indefinitely maximised the protection of performers' moral rights. Moreover, the Indonesian Copyright Law 2014 Act No. 28 states that the rights of performers cannot be eliminated or cannot be removed for any reason, including their economic rights, such as a right to carry out themselves, give permission, prohibit broadcast or communication the performance to other parties, come under by using online media. Therefore, when an illegal act such as uploading the performance of performers without permission violates Copyright Law, dan perpetrators can be sued.

Software protection in Colombia: Copyright

In Colombia, software is protected through author registration, which is used to verify the reconciliation of computer intellectual property, including soft- ware programs, immediately as they are created and fixed in a tangible medium. This article presents the discussion on the patentability of this type of software in Colombia and is discussed by the author in the form of legal protection with a description of the software programs, present in the historical context, regulatory and legal aspects of Colombia, also describes the software elements susceptible to intellectual property protection, registration advice, moral and patrimonial rights.

THE CRIMINAL APPROPRIATION OF THE AUTHOR IN THE 16TH AND 17TH CENTURIES: CENSORSHIP AND PRIVILEGES IN FRANCE AND ENGLAND

The author does not appear in law, at first, as a holder of patrimonial or moral rights over his work. Before being an owner, the author appears as a threat, as a possible transgressor who must be controlled and eventually punished. This thesis is defended by Michel Foucault in a conference given in 1969, in which he explores the theme and sustains the precedence of the criminal appropriation of authors over the civil one. In this article, we seek to evaluate this brief consideration by the French philosopher through a deeper historical investigation, centered on French and English law in the 16th and 17th centuries. In this investigation, the focus will be directed to the practice of prior censorship and to the system of royal privileges. It is argued that this regulatory model, centered on repression and corporate and state control, enters into crisis in the 18th century, in the context of the emergence of disciplinary devices, when a new legal arrangement is constructed. Instead of a transgressor, the author becomes, within modern law, above all, an owner. Thus, this study concludes, in general lines, by affirming the success of Foucault's thesis.

Copyright Law in the European Union, the United States and China

This study juxtaposes copyright law in the European Union (EU), the United States (US) and the People’s Republic of China (China). After mapping major differences and similarities in copyright law between the three jurisdictions, possible reasons will be explored for the divergence and convergence detected. Findings indicate that many of the similarities as well as differences in copyright law can be attributed to international harmonization and, more specifically, to the Berne Convention. Convergence, both through congruence and pressure, and economic concerns explain why China’s copyright law has become strikingly similar in recent decades to copyright law in the EU and the US, despite vast historical and cultural differences. The differences are due, inter alia, to the underlying theoretical differences in copyright doctrine and different underlying aims of copyright protection, resulting in differing stances on the role and existence of moral rights. The divide between common law and civil law with regard to the role of statutory law and case law, respectively, is also relevant. Surprisingly, although China leans more towards the civil-law end of the continuum between civil law and common law, the underlying rationale for copyright and the role of precedent show some traits central to a common-law country, bringing China in those respects closer to the US than to the EU. However, like most EU Member States, but unlike the US, China recognizes the existence of moral rights, as required by the Berne Convention.

Law in the New Era of Emerging Technologies: Can Creation Made by an Artificial Intelligence be Protected by Copyright?

Despite the fact that Artificial Intelligence (AI) has a long history in the twentieth and twenty-first centuries, there are many unsolved challenges. AI is a rapidly growing, promising area of research that is reaching its prime. Contemporarily, AI is used in a wide range of tasks, from virus detection, e-commerce chat boxes, to law-making. Subsequently, AI is not only designed to perform a particular and limited task (Narrow AI), but also to generate new creations based on cognitive skills and advancements in that spectrum (General AI). The topic discussed further in this paper is the second type of AI. This paper will attempt to answer the following questions. First, can creation made by an AI be protected by copyright? Second, who is the creator of the creations made by an AI? Third, how do we determine the holders of moral rights and economic rights for creations made by an AI? This paper used legal research, emphasizing literature study. In so doing, the data were analyzed with the deductive method to construct conclusions. This paper shows that creations made by an AI can be protected with copyright, with the creator being the person or people who contribute the most to the basic code of the AI, as well as the training data used, so that the creation can be produced. Furthermore, the person as creators also become moral rights holders and economic rights holders.

Neuroethics and cultural context: The case of electroconvulsive therapy in Argentina.

As neuroethics continues to grow as an established discipline, it has been charged with not being sufficiently sensitive to the way in which the identification, conceptualization, and management of the ethical issues raised by neuroscience and its applications are shaped by local systems of knowledge and structures. Recently there have been calls for explicit recognition of the role played by local cultural contexts and for the development of cross-cultural methodologies that can facilitate meaningful cultural engagement. In this article, we attempt to fill this perceived gap by providing a culturally situated analysis of the practice of electroconvulsive therapy (ECT) in Argentina. ECT was introduced as a psychiatric treatment in Argentina in the 1930s but it is largely underutilized. While the use of ECT remains low in several countries, what makes the Argentinian case interesting is that the executive branch of government has taken a stance regarding both the scientific and moral appropriateness of ECT, recommending its prohibition. Here, we begin with a recent controversy over the use of ECT in Argentina and explain the legal recommendation to ban its application. Next, we offer an overview of some of the salient aspect of the international and local discussions on ECT. We argue that the governmental recommendation to ban the procedure should be rethought. While acknowledging the role that contexts and local conditions play in shaping the identification and assessment of the relevant ethical issues, we caution against using contextual and cultural considerations to avoid a necessary ethical debate on controversial issues.

HAK AKSES ATAS ENERGI BERSIH DAN TERJANGKAU SEBAGAI BENTUK PEMENUHAN HAK ATAS TEMPAT TINGGAL YANG LAYAK

Access to clean and affordable energy has become a persistent problem faced by countries worldwide. The peak increase in oil prices experienced in a few decades has made it difficult for the low incomes to access clean energy. At present, many people in rural areas still use wood as fuel for cooking. Indoor wood-burning activities might cause air pollution and triggers respiratory problems. Employing a conceptual approach, this article examines the debate on the concept of moral and legal right of the right to clean and affordable energy under international law. Moreover, it analyses the correlation and the importance of such right for the fulfilment of the right to adequate housing and how states adhere to it. The research finds that there is yet any legal instruments directly recognising the right to clean and affordable energy. Nevertheless, there is plenty recognition of the importance of energy as vital element for fulfilling other human rights, such as the right to adequate housing. It is found that states have recognised the utmost influence of energy on achieving economic and social goals. However, current state practices heavily depend on soft law and show their commitment to facilitate and fulfil the moral right to clean and affordable energy. Integrating human rights principles, norms, and standards into legal rights and policies on energy development plan are indeed crucial. Such integration will enable the recognition of energy as an entitlement, which will place energy as a precondition that must be provided as essential services to enable adequate life of inhabitants.

Nora vs Candida: A Feminist Analysis of Ibsenite and Shavian Protagonists

This study aims to investigate Victorian society’s toxic stereotypes, enslaving gender roles, and subtle patronising behaviours of males towards women through the lens of Nora from Henrik Ibsen’s A Doll’s House (1889) and Candida from G.B. Shaw’s Candida (1894). Moreover, this research compares the different feminist ideologies of Ibsen and Shaw to Nora and Candida’s actions. Victorian women were denied their social, economic, political, religious, or even moral rights. Ibsen and Shaw, through their feminist heroines, strived to expose society’s injustice towards the female sex. The methodology is a comparative, descriptive analysis of the selected plays by employing the theory of feminism. The study succeeds in highlighting the oppressive designs used against women by the male-dominant patriarchy and distinguishing the unique feminist approaches of Ibsen and Shaw.

Electronic Information and Transaction Law, a means of information control in libraries

The Ministry of Communication and Information of the Republic of Indonesia reported increased hoax news in society. Libraries as information management institutions require information control tools so that the information served complies with legal and ethical principles. Various problems often occur in libraries, such as copyright infringement and the discovery of adult content in children’s collections. The Law on libraries regulates collection management but does not explicitly stipulate what collections are permitted and prohibited. This study aims to find out Electronic Information and Transaction Law, a means of information control in libraries. This research used the content analysis method. It used quick note techniques and member checks to obtain data. Data analysis used the Miles and Huberman model. Data validation was performed through credibility testing using triangulation, transferability, dependability, and confirmability. According to the Law, legal and ethical information do not violate Intellectual Property Rights and moral norms and protect personal rights. Information also does not contain gambling, insults, defamation, extortion, violence, or threats. Information was also not fake, misleading, or hateful news. The information must be relevant, not derived from wiretapping, and free from content prohibited by the State. Based on these findings, libraries can adopt Law Number 19 of 2016 concerning Electronic Information and Transactions as a tool for information constraints because it follows the goals of libraries to provide legal and ethical information services.

Pelanggaran Hak Cipta Buku yang Diperjualbelikan Melalui E-Commerce di Kota Medan

This study aims to obtain a comprehensive overview of the legal provisions related to the legal regulation of book copyright, forms of copyright infringement of books traded through e-commerce in Medan City, and the causes of copyright infringement of books traded through e-commerce. In line with the purpose of this study, the research method used is normative legal research, in order to get a full picture not only of the positive law that regulates it (law in a book), but also the consequences of its enforcement in society (law in action). The results of this study indicate that books are copyrighted works protected by Law Number 28 of 2014 concerning Copyright, so that the creator gets legal protection from all forms of infringement, both with respect to moral rights and economic rights. Forms of copyright infringement in the form of infringement of economic rights, where books traded through e-commerce in Medan is a book of the results of the copy without the right or permission of the creator or copyright holder; Copyright infringement of books traded through e-commerce can occur because of the weak copyright law system both in terms of substance, structure and culture of society itself.

Welcoming refugee children with a moral, rather than merely legal, right to education: Ideas for a cosmopolitan design of education

In this paper, we argue for the moral and not merely the legal right to education for refugee children. National education in many countries is challenged by refugee flows and influx of displaced people. However, there is a tendency to think of refugee flows as isolated events rather than parts of the dynamics of a world society that national education systems needs to respond responsibly to and build capacity for. Consequently, there is a gap between the legal right to education for refugee children and its practical realization, and granting refugee children access to national education systems is becoming part of the problem and not only a solution to the de-territorializing and cosmopolitan challenges of refugee flows and displaced people. We argue that education for children of refugees’ need to meet with a cosmopolitan design of education in order to respond responsibly to the right to education for refugee children. In the first part, we discuss the legal right to education for refugee children, and moral challenges with regard to its practical realization in nation-centred school systems and schools. In the second part, we discuss de-territorializing effects of refugees in education by reviewing research on refugee education, refugee children’s experiences of education and by discussing refugee education in Sweden as a case. In the final part, we discuss ideas for a cosmopolitan design of education. We argue for a moral commitment to the education of refugee children in order for us to respond responsibly to their legal and moral rights and situation, but also to the legal and moral rights, and situations of those affected in host countries. We also argue for the importance of critical cosmopolitan imagination in education that does not restrict education to norms of national loyalty and national integration, or to economic norms of competitiveness and effectiveness.

Tokenization of creativity: user motivation, consensual value and Chinese copyright law

The subjectof this study is the legal-economic analysis of the non-fungible token phenomenon. Due to the a priori accessibility of many tokenized intellectual products, the ability to monetize them by copyright methods turns out to be hard to implement. The paper puts forward a hypothesis that token owners apply innovative monetization methods, which do not stand on the prohibition and restriction of access to the protected results of intellectual activity. Instead of deactivated copyright restrictions, token buyers receive some new, additional, non-trivial economic utility that researchers have not reflected yet. If this utility exists, we should identify, analyze and include it in the equation of relations regarding NFT. The second hypothesis of the study stems from the first one. It states that the results of creative activity in the post-economic society take the place of a new etalon of value, which replaces the materialistic standard of worth based on rarity. The consensual value contained in tokenized works brings additional motivators for token purchasers and compensates for the lost sources of income.Our goal is to put and verify the scientific hypotheses of tokenized works' additional non-obvious value existence. We suppose that this innovative utility substitutes traditional copyright ban-based monetization abilities. The research's purpose is also to theoretically generalize its results and formulate a legal-economic concept that explains the motivation for the purchasers of non-fungible tokens and sets the regulations for the NFT market.Methodology.The study of the non-fungible token phenomenon and the verification of formulated hypotheses conducts from the standpoint of the law, economics, an interdisci-plinary legal-economic – institutional point of view, as well as with the help of the monistic copyright doctrine of the People's Republic of China. The research methodology also includes an analysis of the relevant body of knowledge and various points of view of the scientists on the subject of research.The study's main resultis the novel elaborated concept of the non-fungible token owner's moral right. This concept fills the rising doctrine of utilitarian digital rights with legal-economic essence. We constructed the non-fungible token owner's moral right consisting of two powers: the right to designate one's name as the owner of a token for a specific creative product and to demand such an indication from others; and also, as a duty of NFT platforms to support the function of informing about the name or pseudonym of the token's owner.Analysis of the appropriate accumulated knowledge, development, and verification of formulated hypotheses on tokenized works' consensual value and additional economic utility, allowed us to achieve the goals of this study. We resolve the issue of token purchasers' motivation and legal-economic grounds for their rational behavior by formulating and substantiating the concept of non-fungible tokens' owner moral right.

Rethinking moral claim rights

Rethinking moral claim rights

Perception of Animal Mind in the Relationship Between Morality and Violence Against Animals: Moral Status Versus Anthropomorphization

ABSTRACT In our study, we examined how people behave when intuitive, innate morality provides contradictory solutions regarding acceptance of instrumental violence against animals. We investigated two mechanisms of mediation between moral intuitions and acceptance of instrumental violence against animals: one was perception of the experience dimension of animal mind, which enables people to establish animals’ moral patient status and rights, and the other was perception of the agency dimension, the basis for anthropomorphization. To examine these topics, we conducted quasi-experimental (n = 533, 50% women) and correlational (n = 532, 91% women) studies. Participants completed on-line questionnaires measuring intuitive morality according to Moral Foundations Theory, acceptance of instrumental violence against animals, and perception of the experience and agency dimensions of animal mind. Regression and correlation analyses confirmed a contradiction in participants’ moral foundations: individualizing foundations correlated negatively with acceptance of instrumental violence, whereas binding foundations correlated positively. Moreover, the moral foundations of Authority and Care were the main predictors. Mediation analysis with both dimensions of animal mind as mediators revealed that only perception of the experience dimension plays a mediatory role between moral foundations and acceptance of instrumental violence against animals. Thus, we interpret that when people have opposing moral intuitions, they regulate this contradiction only by establishing moral patient status via perception of the experience dimension of animal mind, not by anthropomorphization via perception of the agency dimension. This, in turn, facilitates people’s acceptance of or disagreement with instrumental violence against animals. We argue that people do so to avoid moral ambivalence or dissonance, fear of moral judgment by others, or deterioration of social relationships. These findings add to our knowledge about the different functions of the perception of the experience and agency dimensions of animal mind.