Copyright

<p><em>This article was conducted to find out the views on sampling action in terms of Law No. 28 of 2014 concerning Copyright and to find out how legal protection can be carried out by an Author or Copyright Holder. Sampling is an act of taking or using a part of the copyrighted work of an Author or Copyright Holder which will later be used in a new composition. The method in this research uses empirical writing methods and uses a qualitative approach. The results of the research show that sampling is not an infringement of Copyright if it is not carried out for commercial activities where commercial activities have violated the economic rights of the Creator or the Copyright Holder, if the objective is for commercial activities then it must obtain permission from the Creator or Copyright Holder, Creator or Holder. Copyright can enter into a license contract to protect his copyrighted works and has the right to file a lawsuit for compensation if his rights have been violated and caused losses, and there are criminal provisions to protect works belonging to the Creator or the Copyright Holder. In addition, the Creator or Copyright Holder can register a work, this is done as an initial presumption to prove copyright ownership, but it cannot be used as absolute evidence.</em></p><p><strong><em>Keywords</em></strong><em>: Copyright; Sampling; Music; Economic Rights</em></p>

Law Number 28 of 2014 concerning Copyright, for Creators, Copyright Holders and Related Rights Owners is a hope, and in the Copyright Law there are regulations governing the National Collective Management Institute (LMKN) and the Collective Management Institute (LMK ) who has the task of withdrawing, collecting and collecting and distributing Royalties to Creators, Copyright Holders and Related Rights Owners, so that from an economic perspective (Copyright Royalties) there is a certainty of receipt for the Creators, Copyright Holders and Related Rights Owners . In connection with Royalties, sometimes disputes arise, both with fellow Creators, Copyright Holders and Related Rights Owners as well as with LMK/LMKN, of course the hope is that the resolution of disputes relating to Royalties can reflect justice and legal certainty so as to provide peace of mind for Creators, Copyright Holders and Owner of Relevant Rights in producing new copyrighted works.

Several of the authors question the efficacy of copyright, which is increasingly regarded as benefiting multinational organisations rather than individual authors and performers. Others are less critical of copyright per se, but question its ability to meet the new challenges of a digital era. Some of the specific issues covered include: law and international transactions of copyrighted material; economic analysis of copyright and freedom of expression; music licensing in the digital age; the role of copyright in stimulating cultural development; internet distribution of copyright material; and the problems of licensing museum images.

Every year, millions of dollars are invested and spent on works covered by copyright. However, in the platform economy, where most content is currently stored and viewed, copyright holders face infringements of their rights at an ever-increasing scale. While Section 230 of the Communications Decency Act serves a useful speech-protecting function, unless the United States is willing to forego copyright law and the economic interests that it protects, some effort is needed to develop an efficient mechanism of copyright enforcement for platforms. In this paper, we pull together copyright law, the law of platform liability, and the economics of enforcement to explore models of no liability, notice and takedown, strict liability, and negligence. We discuss how platform liability can encourage the creation of creative work, but may also lead to over-blocking and chilling effects. Using a formal model, we consider what mechanisms of copyright enforcement can maintain the speech protections of Section 230 while incentivizing authors to create new works.

본 논문에서는 원본 이미지에 저작권자의 저작권 정보를 삽입함으로써 저작권을 보호하고 차후 불법적인 도용을 방지하기 위해, 숫자와 로고로 구성된 워터마크 생성, 삽입 및 검출, 검증 시스템을 설계 및 구현한다. 본 시스템은 콘텐츠의 특성과 저작권자의 요구에 따라 워터마크를 숫자 또는 로고로 선택해서 구성할 수 있으며, 저작권 보호에 대한 전문지식이 없는 일반관리자도 용이하게 이용할 수 있는 사용자 인터페이스를 갖추도록 설계하였다. 이러한 디지털 이미지 워터마킹의 적용을 통한 소유권 및 저작권 보호는 궁극적으로 문화콘텐츠 등의 콘텐츠 제작 의뢰자로 하여금 제작 의지를 강화하여 제작 의뢰 건수를 증가시킬 수 있을 것으로 기대된다. 【In this paper, we design and implement watermarking system which create, insert and detect watermark comprised of number or logo to protect copyright and to prevent illegal plagiarism through inserting copyrighting information of owner into the original image. In the proposed system, the number or logo as watermark is selectively inserted according to characteristics of the original contents or requirement of copyrighter. The system also has convenient user interface which general administrator who hasn't expert knowledge for the protection of copyright uses easily. Ownership and copyright protection using digital watermarking technology intensifies creating volition of clients who want to create contents such as cultural contents, Thus, we can expect increasing requests for creating contents such as cultural contents.】

The article theoretically and practically highlights the role of contractual and legal relations in ensuring the protection of copyright, as well as the current property of today - responsibility for copyright infringement. In particular, the legal basis for the contractual protection of copyright, the classification of copyright contracts and their features, the experience of the Commonwealth of Independent States member states in the field of copyright protection. At the same time, appropriate proposals were made to protect copyright and related rights, including the restoration of violated rights of the copyright holder

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.

Copyright collecting agencies were established to protect the property rights of authors that were threatened as a result of the development of reprographic techniques. They are subjects of special status. Responsibilities of such copyright collecting agencies were defined in the directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonization of certain aspects of copyright and related rights in the information society. This directive, however, proved not to correspond to the current requirements of the fast-growing market and the new technical possibilities. Consequently, another directive was adopted by European Parliament and by the Council, directive 2014/26/EU, which content became the subject of discussion in this paper. Issues related to the representation of entities eligible for copyright and related rights, issues related to membership in the copyright collecting agencies the structure of such agencies, issues related to the management of revenues, as well as issues related to the transparency of the activities of these agencies, reporting and multi-territorial licensing on the rights of online use of musical works were subjects of regulations of this directive. The content of the directive is to be implemented into Polish law by the 10th of April 2016. However, it seems to carry significant risk for the development of Polish culture.

The Digital Millennium Copyright Act tasked the Copyright Office with conducting a triennial rulemaking to grant exemptions to a ban on circumventing access controls on copyrighted works, and five rulemakings have been conducted since the 1998 passage of the Act. Drawing on a decade of experience with the rulemaking process, this Note explores lessons learned from the most recent round and suggests practices the Copyright Office could adopt to make the rulemaking more efficient and more closely aligned with Congress’s intent.

The subject under consideration is the content and the legal status of the copyright. Nowadays, when the copyright with increasing frequency appears to be the subject matter of various bargains it is highly important to understand the essence of any copyright pertaining to the author's works, which also helps in determining whether the copyright can be an object of the civil circulation.

Digital technologies generate new challenges for European publishers in the field of copyright management, because new uses of works are requested with unprecedented levels of granularity. This creates uncertainty for users, in particular when cross-border use of content is required. Uncertainty is often due to lack of information but ICTs are perfect for dealing with information and communication issues. In designing new copyright legislation, Europe should take into consideration that technological innovation is able to provide better answers to the new challenges and thus provide a framework where incentives to innovation are clearly identified and properly designed. There are signals in the current European policy, including in the recent «copyright package» issued by the European Commission, of a new trend in this direction. However, a strategic vision of the relation between technology and business innovation, impact of copyright legislation and use of other policy instruments is still missed both at European and Member States' level.

Cases of Note - Copyright - Collected Works

The copyright system in Russia has historically been much more liberal on the matter of derivative works than western copyright systems such as those that prevail in the EU or America. It more closely resembles older systems in which a more utilitarian approach was taken to copyright with less of an emphasis on copyright as an innate right of the author to be protected. This has allowed works derivative of western works to be published in Russia that are not permitted under the systems prevalent in the EU, USA and other western countries. Looking at these works insight can be gained into the extent to which modern copyright systems are effectively achieving the stated aims that are attributed to them. These aims are said to be encouraging the production of further useful works and protecting the rights of an author but the approach to achieving them greatly varies between copyright systems. In this analysis the reception of three western works in considered. The first is The Wizard of Oz, the second is The Lord of The Rings and the third is Harry Potter. Each one of these works has had derivative works published in Russia that would not have been legal in the west. Three case studies are The Wizard of the Emerald City by Alexander Melentyevich Volkov, The Last Ringbearer by Kirill Yeskov (sometimes referred to as Eskov online) and Tanya Grotter by Dmitri Yemets. Each of these works are highly derivative of western works in different ways that present an interesting insight into the logic and consequences of the Russian copyright system. Looking at these works one can see that the relationship between them and the original is complex and varied as well as the legal questions raised but all have certain things in common. All represent an adaption of western works to a Russian context. All arguably (at least by western standards) infringe on the rights of the author. However, all are also of genuine literary value and therefore by banning them it could be argued that western systems in Europe or America are actually hindering the production of “useful arts”. The Russian system of copyrights thus has several advantages over the western one on the grounds of pure economics as it allows further valuable works to be published whilst the economic impact on authors is, in the case of the works looked at, minimal. It cannot, however, be guaranteed that this would be the case with all works as certain works might be more heavily affected by a looser copyright system than the ones presented. However, the moral rights of the author are arguably infringed by the Russian system as can be illustrated by the cases looked at and the way the works looked at often distort the ethics and morals of the original. Further insight into the two systems can be gained by looking at history when the western system was much more similar to the modern-day Russian system with the copyright controversy surrounding works like Uncle Tom’s Cabin and Looking Backwards. This demonstrates that the issues advantages and disadvantages of the modern Russian system were equally apparent in western systems in the nineteenth century. In a similar way, modern western cases such as the works of authors like Alan Moore and parody works like Bored of the Rings shed light on and call into question the consistency of the implementation of “moral rights” in the west. Overall, there is a case to be made that the modern Russian system is actually more consistent with the supposed aims of copyright law than the western system.

PurposeThe purpose of this article is to discuss key issues for archives and special collections related to the recent Library of Congress Orphan Works report and Section 108 Study Group.Design/methodology/approachThe article is a documentary and legal analysis.FindingsThe article finds that recent developments in copyright, such as the Library of Congress' determination on Orphan Works and the Section 108 Study Group could have major implications for libraries and archives interested in digitizing their holdings and making them more widely available.Practical implicationsThis article points to several new and / or emerging developments in the evolution of Copyright law in the USA that have implications for libraries, archives, and museums.Originality/valueThis article identifies and highlights the implications of the Orphan Works and the Section 108 Study Group findings on copyright.

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