Legal Protection of Cultural Creation (original) (raw)
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Kırşehir Ahi Evran IIBF Dergisi, 2018
The concept of culture industry that used as a key concept. Cities gain "meta presence" in the culture industry by restructuring their identities that they have. The current strategy of urbanization policy is to make industrial production tool by making the culture obsolete. So urban transformation projects are one of the important tools of identity production to raise up the economic and social power of the cities, today. This text revealing, the cities' cultural and spatial values, encountered problems at the urban identity design process. This is the phenomena of the power of politics. While globalization attaches importance to the nature of the space that produces social relations, it still acts within rational modernity (structuralist thought), which perceives time as homogeneous. Because capitalism tends to be "destruction of the process over the time". This attitude continued until it has realized that globalization could not be experience in the same way in every society. Today, community-specific cultural practices restructured with 'market-focused' norm production. This development stems from the fact that new culture and identity policies play an active role in the global economy. In this process, multinational corporations disintegrated the autonomous spheres of nation states. In doing so, they also supported the masses by highlighting their micro identity and belonging. The logic of capitalist perception and fiction is 'structural'. "Structuralism" separates (by bringing into account information on a measurable value) the factors in the "spatial" and
Artikel Kehormatan: Symphonizing Intellectual Property Laws in the Advancement of Culture
PADJADJARAN Jurnal Ilmu Hukum (Journal of Law), 2018
The Indonesian Government has enacted the Law on Advancement of Culture. This Law is the manifestation of the trust bestowed by the Indonesian Constitution, entrusting the state to advance the Indonesian culture. This Law is the guideline and ideals for the Indonesian Government and the society at large in conducting efforts to advance culture. The purpose is so that there is a clear direction in the efforts to develop, utilize, promote, and preserve and protect Indonesian culture in the face of globalization and digitalization of world culture. At the very least, this law facilitates individuals who are part of the society, to be more creative in their art and to be rewarded through rights protection. The existence of these two types of laws must create a favorable environment in the efforts of advancing culture. Like an orchestra displaying a beautiful symphony, intellectual property laws and the law of cultural advancement are also a beautiful symphony in the framework of advancing Indonesian culture in hopes for it to provide an important contribution in human civilization. This paper tries to express how the efforts to symphonize the two laws must be done in an assessment that is prescriptive doctrinal.
In order to investigate the connection between human rights, rights to culture and intellectual property rights, this chapter focuses on three issues. First, the chapter considers the nature of the rights to culture and the extent of the protection of cultural rights in international legal instruments. Secondly, the chapter considers whether there should be a right to culture and/or cultural self-determination. Thirdly, assuming that legal regimes should recognise some concept of a right to culture or cultural self-determination, the chapter turns to an examination of the nature of that right. This part of the chapter concerns itself, in particular, with the question of the relationship between cultural property and intellectual property. It is not premised on the idea that the mere fact that there may be good, if different, reasons for protecting both cultural property and intellectual property - reasons falling short of a justifiable claim to the status of “human rights” - suggests the necessity of a connection in legal form between cultural property and intellectual property.
The paper is going to focus on material dimension of culture. It presents a critical view on chosen examples of law provisions concerning the material side of culture. It depicts examples of interactions between the right to access to culture and the possible fields of limitations. In the area of access to culture we come across various examples of good practices as far as the possibility to access is concerned. We meet also many difficulties, especially from legal point of view which derive from complexity of interactions. The author would like to show how to find equality in obligations and duties between parties involved in the process of accessing some types of cultural activity. Bearing in mind the approach of the European Commission in its European Agenda for Culture, and the definition of the culture, which defines culture as a set of distinctive spiritual and material traits that characterize a society and social group, the author attempts to present the possible problems which may arise while each party is executing its rights. The troubles with making equal the parties rights, especially when focusing on material side of culture (e.g. material objects, heritage objects, heritage in general) force the national law makers to provide regimes which sometimes make the heritage conservation harder. This way the access to the culture via the access to the heritage objects is also more difficult. Law provisions which are far from being perfect do not reflect neither the need of the moment nor the rights of the citizens. The work to be presented is intended to show the necessity of providing the unified provisions concerning heritage protection in Europe as well as the access to culture activity join It is necessary to avoid the inevitable loss of heritage examples, and therefore to protect the European culture, as well as to allow not only European citizens to participate in their heritage. The problems are caused not only by law provisions which are not adopted to new circumstances. The role of obligations of different parties is prevailing. The state, the donors, the professionals involved in cultural activity and finally – the spectators and visitors, who are the final clients in the access to culture process, they are all responsible for their part of duties. The duties not only emerge on the field of their professional or legal duties, they appear as a sheer consequence of European (or any other) citizenship. The author wants to prove that the culture and the access to culture demand to all parties equal engagement and commitment. This shall be an obligation that derives from natural law even if the culture by itself is not purely natural but created by mankind.
Yuridika, 2019
Law is very influenced on the development of Technology. The current legal tool has no readiness so that it can not keep up with the rapid technological advances. The purpose of this study is to analyze the application of regulation on protection system and law enforcement of ICT design based on creative economy to improve people's competitiveness. Research is a normative juridical study. The approach of this research is the approach of legislation, concepts and cases. This research is analytical descriptive. This study, using secondary data sources. Technique of collecting data with literature study. Data analysis technique by qualitative normative descriptive method.The regulation of the legal protection system of industrial design of ICT, in Law no. 31 Year 2000, has not been regulated explicitly about the element of novelty, the application of constitutive stelsel cause obstacles. The law enforcement of ICT design is not yet effective, because of three aspects: 1) The legal ...
R.T.S SASANTHA PUBLICATIONS, 2024
Human Rights and Intellectual Property (IP) are two different fields that have largely evolved separately when it comes to protection are concerned. But there link between Human rights and IP rights and there for both relationship has to be examined .Impacts of Intellectual property rights on understanding of human rights namely Right Health have become much more important with the introduction of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement. Human Rights and Intellectual Property Rights have very close link Some may argues while the comprehensive rights are granted to the right owner that would violate human rights ordinary consumers of Intellectual property, and the same time it is observed that some scholars has given priority to rights of the new creator, there for an analysis into this matter is needed, therefore, this paper aims to study whether the exclusive rights granted to new creators would be amounting to violate ordinary consumers human rights of the Intellectual Property having used scholars opinions and applicable statues and case laws and also making some recommendations.
The Concept of Cultural Product in the Context of Interdisciplinary Approach
Socio-Cultural Management Journal, 2020
Introduction. Ukrainian sphere of culture needs clear and transparent support from Government during the pandemic. For this purpose all producers of cultural products must be identified in the structure of cultural and creative industries. Purpose and methods. The purpose of the article is to clarify the meaning of the concept of cultural product in the context of an interdisciplinary approach, given the interpretation of this concept in various fields of scientific knowledge and governmental-institutional practices at national and international levels, to develop recommendations for the use of the concept cultural product in legislative activity in Ukraine. The methodological basis of the study is the interdisciplinary, systematic and legal approaches. Results. The cultural product is the output of cultural industries. The sphere of culture defined as a set of cultural industries according to B. Miege, D. Throsby and EU Resolutions. Cultural industries are the main producers of cultural products (goods, services, events). Сultural product contains cultural value (M. Hutter, D. Throsby, B. Frey),which creates meaning and engages the consumer in cultural participation (P. Sacco). Сultural producers have different forms of ownership and act as cultural entrepreneurs, which produce for commercial purpose, not only for cultural purpose (music industry, tourism industry, festival industry etc). But the cultural production of meanings is the basis for cultural industries. Conclusions. Scientific novelty of the research results is to distinguish two approaches for the concept of cultural product: value based and legal based. The practical significance of the obtained results is in the possible use by the legislative and executive authorities of different levels for further improvement of legislation in the field of Iryna Parkhomenko, Kateryna Berezovska culture, the development of a strategy for providing financial assistance to entrepreneurs in the field of culture during the pandemic.
Study Assessment Legal Law and Protection of a Regional Culture
https://www.ijrrjournal.com/IJRR\_Vol.7\_Issue.3\_March2020/Abstract\_IJRR0012.html, 2020
This Study discussed about traditional knowledge (PT) and traditional cultural expressions(EBT) is a state asset that is very potential for prosperity nation because it has high economic value, but ownership many recognized (claimed) by foreign parties without any benefit sharing, resulting in a conflict of interest between developed countries and the state developing like Indonesia. Our weakness in developing the protection system there is no proper protection system and adequate and limited data, documentation and information about PT and EBT. The struggle of Indonesia as one of the developing countries for legal protection to continue form a proper protection system for traditional knowledge at the international level in 2000 IGC-GRTKF was formed(Intergovernmental Committee on Genetic Resources, Traditional Knowledge, and Folklor) by WIPO to discuss the possibility of holding a binding agreement, in an effort the law to protect internationally, then at the national level The government is conducting a discussion on the DraftLaw (RUU) concerning SDGPTEF (Genetic Resources, Traditional Knowledge and Expression of Traditional Culture. While which already exists, namely Law Number 19 of 2002 concerning Rights Cipta is not fully operational, because there is no regulation Implementation. Keywords: Assessment Legal, Regional Culture, Draft Law
The Concept of Cultural Industry Policy: A Critical Perception
2018
The concept of culture industry that used as a key concept. Cities gain “meta presence” in the culture industry by restructuring their identities that they have. The current strategy of urbanization policy is to make industrial production tool by making the culture obsolete. So urban transformation projects are one of the important tools of identity production to raise up the economic and social power of the cities, today. This text revealing, the cities' cultural and spatial values, encountered problems at the urban identity design process. This is the phenomena of the power of politics. While globalization attaches importance to the nature of the space that produces social relations, it still acts within rational modernity (structuralist thought), which perceives time as homogeneous. Because capitalism tends to be "destruction of the process over the time". This attitude continued until it has realized that globalization could not be experience in the same way in eve...