Protection Of Economic Rights Research Articles

Analisis Yuridis terhadap Urgensi Akta Autentik Notaris dalam Perjanjian Pengalihan Hak Cipta

The purpose of this research is to examine importance of setting up copyright transfer agreement and to analyze juridically the urgency of an authentic notary deed in a copyright transfer agreement. The research method used is normative legal research with statute approach. Results of study found that the importance of setting up copyright transfer agreement is guarantee of legal protection of economic rights from creator; guarantee of legal protection to non-creator parties who obtain economic rights as a result of transfer of copyright in whole or in part; and minimize disputes in transfer of Copyright. The urgency of Notary authentic deed in a copyright transfer agreement are: first, Notary profession is bound by law, so it has credibility in making an authentic copyright transfer deed; second, authentic notary deed serves as a means of proof in the event of a copyright dispute; third, through an authentic deed, legal protection can be guaranteed for the parties; fourth, notary authentic deeds can be used as a means of achieving legal goals, namely justice, benefit and legal certainty for the parties who make copyright transfer agreements; fifth, a Notary can have a role as a legal consultant for the parties in making Copyright transfer agreement.

Legal Protection for Film Copyright Holders Against Illegal Downloading and Streaming Activities on the Internet

Copyright holders have exclusive rights to their creations or work. Illegal downloading and streaming of movies can be detrimental to copyright holders and countries. Therefore, perpetrators can be subject to criminal and civil sanctions. This study aims to: (1) determine the protection for the Moral Rights and Economic Rights of film creators or Copyright Holders from illegal downloading and streaming of films on the Internet and (2) determine how the law should regulate the rights of creators from illegal downloading and streaming activities to provide legal protection. The type of research used in this study is normative juridical by using data collection techniques through literature studies. The results show that: (1) the protection of Economic Rights and Moral Rights of film copyright is still lacking in providing legal protection because sanctions for violators of Moral Rights have not been regulated in the Copyright Law (2) the Copyright Law has regulated legal steps that Copyright Holders can take to obtain legal protection in the field of Copyright through mediation, criminal complaints, claims for compensation, and reports on the closure of content and access rights

Eurasian Economic Solidarity: Justification from the Standpoint of Judicial Practice

Aim. The purpose of the study is to substantiate the concept of Eurasian economic solidarity in the context of the practice of the court of the Eurasian Economic Union.Tasks. The objectives of the study are: highlighting the sign of publicity in the context of economic integration; analysis of existing scientific and normative approaches to solidarity; substantiation of Eurasian economic solidarity as a principle and value of economic interaction, formed, inter alia, through judicial practice.Methods. The following methods were used: institutional analysis, comparative analysis, system analysis — to substantiate the sign of publicity in the context of economic integration, to characterize the Eurasian economic solidarity as a principle and value of economic interaction within the framework of the common economic space of the EAEU, to highlight the practice of the EAEU court as a factor in the formation of the Eurasian economic solidarity. The method of formal-logical analysis was also used — in clarifying the concepts of “solidarity” and “economic solidarity”.Results. Firstly, the activity of the EAEU Court reflects international or integration normative control, which is an integral part of public control and supervision in the conditions of integration. In the context of economic integration, the sign of “publicity” in relation to control and supervision as basic management functions is naturally supplemented by an integration level. Secondly, the supranational bodies of the EAEU, including the Court of the EAEU, are able to form and ensure economic solidarity in the context of Eurasian integration. Thirdly, Eurasian economic solidarity is seen as the principle and value of economic interaction within the framework of a single economic territory.Conclusions. Eurasian economic solidarity is based on economic unity, but is not conditioned by it. It is formed in the processes of integration rule-making and law enforcement. Eurasian economic solidarity is closely connected with other types of solidarity: ethnic, social, etc. Dispute resolution and interpretation by the EAEU Court act as a means of forming common economic positions within the EAEU. The EAEU Court has a sufficient and not fully realized potential to influence the development of Eurasian integration, including by stimulating the development of Eurasian economic solidarity. Equal access of economic entities of the EAEU member states to justice for the protection of economic rights is a condition for Eurasian economic solidarity.

The Urgency of Regulating Resale Royalty Right on Painting Copyrights in Indonesia (Comparative Study of Germany and Australia)

The Berne Convention includes provisions for resale royalty rights, which have been adopted by countries worldwide. However, Indonesia has yet to establish a framework for resale royalty rights, leading to suboptimal protection of economic rights for creators of painting works. This study aims to analyze the regulation of economic rights for the resale of painting works under Copyright Law in Indonesia, Germany, and Australia. Additionally, it seeks to identify the urgency of implementing royalty rights resale in the Indonesian Copyright Law. The research utilizes a normative legal approach with a statutory and comparative focus. The findings indicate that Indonesia currently lacks specific regulations for royalty rights resale within its Copyright Law. In contrast, Germany and Australia have incorporated the resale royalty right provisions of the Berne Convention into their respective Urheberrechtsgesetz 1965 and Resale Royalty Right for Visual Artist Act 2009. The creators of painting works deserve royalty rights on the resale of their works to enhance their well-being and secure benefits for their heirs. Therefore, it is crucial for Indonesia to adopt legal practices regarding royalty rights resale based on the experiences of Germany and Australia. Recognizing the advantages of implementing royalty rights resale, it becomes evident that such regulations are essential in Indonesia. To protect the economic rights of creators of painting works adequately, Indonesia should consider incorporating provisions for royalty rights resale in its copyright law reform. This will not only strengthen the legal protection of creators but also promote the growth of the artistic community in the country.

Equality of the Parties in the Disputes for Protection of Economic Rights with Participation of the Prosecutor: on the Materials of Case-Law

The paper addresses the topic of business entities’ rights and interests protection in courts with participation of the prosecutor. The goal of the publication lies in defining the nature of the prosecutor’s participation in commercial trials influence upon adherence with the principle of equality of commercial process parties as a necessary condition for adjudicating a just judgment in a case. To reach this goal, the author defines and fulfills the following tasks: 1) to define the main academic approaches to the resolution of the prosecutor’s participation in a commercial process issue; 2) to describe normative regulation of the prosecutor’s participation in a commercial process; 3) to expose the meaning of the principle of equality of the parties of a commercial process; 4) to define the most important provisions regarding the prosecutor’s engaging into the commercial process elaborated in case-law of national higher courts and ECtHR; 5) to make conclusions on adhering to the principles of equality of the parties of a commercial process and efficient business entities’ rights protection in a trial with the prosecutor’s participation.The methodology of the study includes such methods as formal-legal and comparative-legal methods, the method of systematic analysis and generalization of judicial practice.The scientific novelty of the study is in defining the influence of the prosecutor’s participation in the commercial process on the (1) balance of interests of the parties, ensuring the principle of equality before the law and the court of all the participants of the economic process, (2) observing the principle of dispositibility and the rule of law, taking into account the constitutional principles of representation of the individual’s interests in the court by the lawyer, as well as participants circle of economic legal relations and economic procedural relations.According to the results of the research, it was concluded that narrowing of the range of cases (grounds) for the prosecutor’s participation in the commercial process in order to protect the interests of the state meets the standards of rule of law, of equality of the parties, and of dispositivity in the judication of disputes with the purpose of protection by business entities of their rights. The development of Ukrainian legislation in this direction is generally in line with the process of democratization of society, the rule of law, and the right to fair trial, which is impossible to ensure without respect for the principle of equality of the parties.

Observance and protection of economic rights as one of the tasks of constitutional justice: theoretical and legal problems

Observance and protection of economic rights as one of the tasks of constitutional justice: theoretical and legal problems

Protection of Economic Rights in Eastern European Countries

Current problems in the protection of economic rights in Eastern Europe (the impact of the oil industry on the environment and human health, discrimination in employment, including the abuse of the rights of migrant workers and women) determine the potential for economic development. This scientific article based on: qualitative and quantitative methodology; combination of comprehensive and systematic approaches; case method; analysis of statistical indicators. The aim of the research is to analyze the protection of economic rights in Eastern European countries and their negative impact on the lives of citizens. It has been found that in addition to unresolved issues of non-payment of salaries and discrimination against various social groups, these countries have new problems in the field of protection of intellectual property rights through the development of the digital economy. The legal system carefully and slowly integrates the practice of developed countries to provide guarantees for the most vulnerable (women, migrant workers). As a result, Eastern European countries are characterized by slow structural changes in the economy and an average level of GDP per capita. Discrimination, which is characterized by differences, is among the main problems. Discrimination does not ensure equal access for women to all spheres of public life. The revealed connection between gender equality and the economic well-being of the population proves the importance of protecting economic rights as a tool to ensure the formation of a socially oriented market economy. In Eastern European countries, there is no consistent concept of equality regardless of the social-economic characteristics of the citizen. Judicial practice remains quite cautious in sentencing and there are cases of return to formal equality.

Pelaksanaan Perlindungan Hukum bagi Pemilik Hak Cipta Musik dan Lagu dalam Pembayaran Royalti oleh Yayasan Karya Cipta Indonesia

Copyright gives an exclusive title to the work of the author which is granted by law as an award. The copyright function protects creators from copyright infringement. This study aims to explain the form of legal protection for music and song copyright owners in royalty payments by the Indonesian copyright works foundation and to describe what factors influence royalty payments and dispute resolution efforts faced by music and song copyright holders in royalty payments by the Karya Foundation. Indonesian copyright. This type of research is an empirical legal research with a conceptual approach to legal issues of fact and sociology. The data sources used were primary and secondary legal materials. The results of the study indicated that copyright is regulated in Law Number 28 of 2014 concerning Copyright. The form of copyright law protection, namely legal protection of moral rights and legal protection of economic rights. Creators and the KCI Foundation have rights and obligations, in the process of paying royalties experiencing several obstacles and supporters experienced by the KCI Foundation creators and copyright users. Dispute settlement efforts through alternative arbitration and court dispute resolution.

СУДОВИЙ ЗАХИСТ ЕКОНОМІЧНИХ ПРАВ ЛЮДИНИ І ГРОМАДЯНИНА В УКРАЇНІ

The article reveals the features of the implementation of judicial protection of economic human and civil rights in Ukraine on the basis of theory and practice. It has been established that the provision of judicial protection of human and civil rights and freedoms in Ukraine is regulated by the provisions of the Constitution of Ukraine, the Convention for the Protection of Human Rights and Fundamental Freedoms, as well as the provisions of other legislative and regulatory documents. It is determined that ensuring the rights, freedoms and legitimate interests of a person is the main duty of Ukraine as a democratic state governed by the rule of law. It has been established that the rights and freedoms of man and citizen must be protected by the court. It has been proven that there is no restriction on persons who can apply for the protection of their rights, freedoms and interests in the judicial branch of government, however, a person who receives the right to go to court has no guarantees that he will be provided with protection and application on this basis of a number of procedural procedures. It has been established that the right to obtain judicial protection should be based on satisfaction by court of the requirement of material and legal character that the subject put forward to the person who violated the rights of this subject and/or interests protected by law. It has been established that the provision of judicial protection of the economic rights and freedoms of a person and a citizen consists in the fact that such provision should proceed from guarantees provided by the state, therefore everyone has the right to apply to specially authorized public authorities in accordance with the current constitutional order to protect their economic rights, freedoms and interests. It is noted that the right to judicial protection of economic rights and freedoms of man and citizen is the right to a comprehensive and open trial, so everyone has this right and it is not affected by participation in the trial or the specifics of the case. It is noted that the prospects for further research in this area are to study the features of judicial protection of social rights and freedoms of man and citizen in Ukraine.

Putting the Digital Services Act into Context: Bridging the Gap between EU Consumer Law and Platform Regulation

The proposed Digital Services Act (DSA) aims to place more responsibility on online platform operators to control information published by users on their websites. That is a welcome development in the light of scandals concerning fake news and the surreptitious influencing of voters through social media platforms. Cambridge Analytica was suspected of influencing the U.S. presidential elections and the Brexit referendum in 2016 through information posted on Facebook. Also, online marketplaces such as Amazon and Airbnb would be required to verify the identity of professional users on their platforms. This could significantly improve the quality of online platforms for users. Despite its selling points, however, the DSA proposal leaves a number of issues untouched. From a consumer law perspective, the proposal could have been more ambitious in particular with regard to effective remedies for misleading information or unsafe products. Instead, the spirit and approach advocated by the proposal seem focused on balancing the dissemination of ‘fake news’ and hate speech with the fundamental right of free speech. The regulation of online marketplaces and of debates in the public sphere are however two very different issues. It would perhaps have been better to regulate them separately, rather than to present a DSA proposal that is aimed at all types of platforms. As it is, we find that the proposal pays too little heed to the needs of economic actors, in particular consumers and small traders, in the platform economy. Should the proposal have gone further? In this short contribution, we discuss a number of points that we find are missing from the proposal or not sufficiently addressed. They are: the position of the DSA in relation to existing EU law (Part 2), the regulation of platform liability for unsafe products (Part 3), the protection of economic rights of platform users in particular in the light of consumer protection under the Unfair Commercial Practices Directive (UCPD) (Part 4), and the relation of the DSA to the protection of small traders on online platforms, in particular in the light of the EU’s 2019 platform-to-business (P2B) Regulation (Part 5).

El nuevo proyecto de Ley Orgánica de Hidrocarburos presentado por la Comisión Permanente de Energía y Minas en septiembre de 2020 (The New Daft of the Organic Hydrocarbons Law Presented by the Permanente Commission of Energy and Mines in September 2020)

The Venezuelan oil sector is facing a dilemma. The destruction of the sector and the reduced window of opportunities offered by the international market require significant investments of about one hundred (100) billion dollars in eight (8) years. These investments must be provided, at least mainly, by private investment (as the Maduro regime itself recognizes). There are two institutional alternatives to achieve this objective: the constitutional anti-blockade law and the new Hydrocarbons Organic Law. The first option, offered by Maduro, does not provide any competitive advantage in terms of certainty and protection of economic rights; thus, it is not an appropriate institutional arrangement to promote private investment. On the contrary, this option follows the same institutional arrangements that, since 2016, have promoted only weak and unstable solutions. The second option, offered by the National Assembly, provides the appropriate institutional framework to promote private investment -considering the current conditions of the international oil market and the Venezuelan oil industry. The project of Hydrocarbons Organic Law presented by the National Assembly in September 2020, introduces reasonable institutional reforms that facilitate the implementation of the new oil public policies, although the paper recommends improving the quality of some institutional reforms.

PERLINDUNGAN HAK EKONOMI PENCIPTA E-BOOK PADA SITUS BUKU GRATIS MERESPON PERKEMBANGAN HUKUM INFORMATIKA DAN TRANSAKSI ELEKTRONIK

The purpose of this research is: 1) To find out and analyze the protection of the economic rights of the creators of e-books on free book sites in response to the development of informatics law and electronic transactions. 2) To find out and analyze dispute resolution violations of the economic rights of e-book creators on free book sites in response to developments in informatics law and electronic transactions. The research method used in this study is normative juridical research that takes a qualitative approach that looks at and analyzes the legal norms in existing laws and regulations and sociological research is complementary data as primary data. The results of this study are: 1) Protection of the economic rights of e-book creators on free book sites in response to the development of informatics law and electronic transactions, related to the protection of creators' economic rights in accordance with the Copyright Law that an e-book is a copyrighted work produced by the creator, so in this case the creator has a part of the exclusive rights in the form of economic rights from the results of the e-book, the economic rights are protected by Article 8 and Article 9 of the Copyright Law on Economic Rights. While the ITE Law provides the protection of the creator's economic rights in terms of electronic transactions, because of the nature of the distribution of e-books using electronic media, where the legal electronic media is included in the realm of the ITE Law. 2) Settlement of disputes on economic violations of e-book creators on free book sites in response to developments in informatics law and electronic transactions, namely through voluntary mediation carried out by parties outside the court in settling disputes over copyright infringement e-books in the realm of civil law.

How Economic Rights for SMEs Protected? Analysis of National and International Property Rights Law

Small and Medium Enterprises (SMEs) in Indonesia are growing rapidly and continuing to grow. These developments had a significant impact on economic growth for various sectors in Indonesia. However, the dynamics of the development of SMEs are still overshadowed by the unclear protection of rights relating to intellectual property, including economic rights for SMEs. In fact, this right becomes an important part that is regulated both in national and international legal rules. The purpose of this study is to determine and compare the implementation of the protection of economic rights for SMEs in Central Java Province, Indonesia. This research method uses interview techniques and direct observation in several SMEs in Central Java. This study found that the protection of economic rights for SMEs had not been maximally carried out, even the number of SMEs did not yet obtain guaranteed recognition of the brand rights and copyrights of their products. This study concludes that in applying protection to economic rights for SMEs, collaboration between sectors and ministries is needed, not only the Ministry of Law and Human Rights, but also Industry, Trade and Economy.

آليات حماية الحقوق الاقتصادية في النظام العربي

At A Time When The United Nations And Other International Organizations Have Stressed On A Number Of Occasions The Idea Of The Interdependence Of Human Rights And The Need To Be Enjoyed By Them In Full Swing, The Arab League At The Beginning Of Its Inception Has Not Paid Much Attention To Human Rights. Even A Reference In The Preamble To Human Rights, In View Of The Historical Circumstances That Have Emerged In The Arab League. However, Over The Next Years, This Latter Began To Address This Issue In Line With The Developments In The International Community In The Field Of Human Rights. It First Established The Arab Permanent Committee On Human Rights, Which Prepared The Arab Charter On Human Rights, Which Ensured The Inclusion Of Economic Rights By Its Content. A Mechanism To Follow Up Its Implementation Is The Arab Human Rights Committee, To Be The Establishment Of An Arab Court Of Human Rights Within The Framework Of The League Of Arab States As A Second Control System. Key Words - The Arab Human Rights System, The Protection Of Economic Rights, The Arab Permanent Committee On Human Rights, The Arab Human Rights Committee , The Arab Court Of Human.

Providing the balance of the private prosecutor and public interests in the sphere of protection of economic rights

Providing the balance of the private prosecutor and public interests in the sphere of protection of economic rights

Agency culture, constitutional provisions and entrepreneurship: a cross-country analysis

Substantial and systematic cross-country variation in entrepreneurship rates has been found in various studies. We attempt to explain such differences focusing on the interaction between institutional factors and population psychological characteristics. Constitutional provisions supporting economic freedom are our measure of the institutional context, whereas we proxy psychological characteristics with a country’s endowment of agency culture. We apply an IV-GMM treatment to deal with endogeneity to a data set comprising 86 countries over the period 2004–2013, and we control for de facto variables and other factors that are likely to influence entrepreneurship. Our results demonstrate that agency culture is indeed an important predictor of entrepreneurship and that this effect is moderated by constitutional provisions supporting economic freedom. In particular, the impact of agency culture on entrepreneurship becomes stronger as a country expands the constitutional protection of economic rights.

English

Performing Right (Performing Rights) in the corpus of laws in Indonesia have not been strong in the rule and the protection of the law. Although the Copyright ACT in recent times revision rule has been loaded but still very narrow so there can take to become a rule of law that can reverse engineer the behavior of society (notably the community of users of copyrighted songs and music) to stick with it. This paper tries to do a review of the literature and the law. The birth of Act No. 28 by 2014 about copyright gives the feel of a broader legal and encouraged to provide protection of economic rights (economic right) over Copyrights in particular Performing Right with an emphasis on fostering recognition of Collective Management Institutions, as well as on Related Rights protection for emphasis that gives economic maximization of existing opportunities of performing actors, producer ponogram, and broadcasters. And thus, created a large corpus of law in the field of Performing Right in Indonesia .

Cross-Border Mobility of ‘Bogus’ Self-Employed Workers: A Lack of Legal Framework Coupled with Protection of Economic Rights

If the phenomenon of ‘new self-employed workers’ or ‘bogus self-employed workers’ is nothing new, this phenomenon is growing. The crisis which gripped the EU saw a rise in practices from a bygone age: self-employed people working under very degrading conditions in return for payment considerably below the average applicable in the host State and subject to violations of human dignity. The article shows that the increase in temporary cross-border movements appears to be a reality which collides head-on with national labour and social security law, ill-equipped to counter the abuse of opportunities afforded by European law.

Letter from the Editorial Board: An Unhappy Union?

With recent film documentaries like Waiting for Superman and The Lottery receiving a lot of public attention, the American media has been increasingly critical of teacher unions, portraying messages that criticize the union's role in slowing democracy or school reform. In both films, teacher unions are portrayed as defending a status quo that sacrifices critical engagement and high performing outcomes of teachers and students for the selfish protection of teachers' eco- nomic interests. With these films being shown against a dismal economic backdrop of massive state budget cuts, education, and specifically teachers, are vulnerable targets of those cuts. As a response to the proposed cuts and potential layoffs, teachers in unions from Wisconsin to California have mobilized and protested for their right to participate in workplace and profes- sional decisions regarding their financial security, accountability, and standardized testing. In the midst of these protests, the public perception seems to be that teacher unions ignore the needs of children and stifle the democratic processes needed to improve pubic schools. Is this a fair perception? Are teacher unions inherently an adversary to democracy and school reform? Teacher unions have a mixed history, which includes an emphasis on professional education standards on the one hand and protection of economic rights on the other. The National Edu- cation Association (NEA), founded in 1857 as a professional association, was initially con- cerned about standards, ethics, and curriculum, while the American Federation of Teachers (AFT), founded in 1916, concerned itself with the protection of the wages and working con- ditions of teachers (Brimelow, 2003). Speaking at the NEA convention in St. Louis in 1904,

The constitutional protection of economic rights

The shape of constitutions has changed greatly in the last fifty years or so. During this time, the new or substantially revised constitutions that have accompanied major changes in the political or economic order of states have almost always included extensive lists of individual rights for recognition or protection, and, normally, such lists have included rights bearing particularly on the economic life and well-being of subjects. So, too, have the new constitutions of the many states that have undertaken, since 1989, the so-called transition process from a socialist command economy to one based, wholly or largely, on market principles. 1 Are such rights worth having? The question is of more than academic interest. There remain important areas of the world where the choice whether or not to incorporate such rights in the constitution remains a matter of practical politics. China is one country where the move to a form of market economy (“socialist market economy,” in this case) 2 has not (yet) been accompanied by any systematic incorporation of economic rights into the Constitution. Elsewhere, a number of countries whose economies have long been run on market principles have hitherto seen no need for such incorporation, at least not in comprehensive and explicit terms, despite the decadeslong trend in this direction. The United Kingdom, Canada, and Australia all fall into this class.