Tinjauan Konsep Hak Eksklusif dalam Hak Cipta Berdasarkan Teori Hegel
Copyright is a protection in a form of an exclusive right which is attached with the creator, including moral rights which are possessed by the creator for the embodiment for their personality in the creation. The referred moral rights are recognized in the international treaties, specifically in Be...
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Format: | Article |
Language: | English |
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Faculty of Law Universitas Kristen Maranatha
2022-04-01
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Series: | Dialogia Iuridica |
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Online Access: | https://journal.maranatha.edu/index.php/dialogia/article/view/4577 |
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author | Anastasia Theresia Puspasari |
author_facet | Anastasia Theresia Puspasari |
author_sort | Anastasia Theresia Puspasari |
collection | DOAJ |
description | Copyright is a protection in a form of an exclusive right which is attached with the creator, including moral rights which are possessed by the creator for the embodiment for their personality in the creation. The referred moral rights are recognized in the international treaties, specifically in Berne Convention and TRIPS Agreement, which put forward the moral rights as a copyright protection. The protection of moral rights evolved from the Continental Europe countries, which recognizes author’s rights. The principle of moral rights could be analyzed with Hegel’s theory from the writing in his book entitled “Philosophy of Rights”, postulating the principle of how a person could claim his right of property possessions. In accordance with Hegel’s theory, this research will be focused on the scope of copyright as an exclusive right, which will also analyze the copyright law of Indonesia regulated in Law Number 28/2014. The copyright protection regarding moral rights in Law Number 28/2014 principally regulates the right given to the creator to signify their identities in their creation or to claim for their creation which adheres with their personalities. Moral rights are also given to performers in the form of related rights, as a right for the performers to claim the performance of the creation. |
first_indexed | 2024-03-09T01:56:47Z |
format | Article |
id | doaj.art-32835d4043d7494386bf2c241dc9d0bf |
institution | Directory Open Access Journal |
issn | 2085-9945 2579-3527 |
language | English |
last_indexed | 2024-03-09T01:56:47Z |
publishDate | 2022-04-01 |
publisher | Faculty of Law Universitas Kristen Maranatha |
record_format | Article |
series | Dialogia Iuridica |
spelling | doaj.art-32835d4043d7494386bf2c241dc9d0bf2023-12-08T14:04:31ZengFaculty of Law Universitas Kristen MaranathaDialogia Iuridica2085-99452579-35272022-04-0113214016110.28932/di.v13i2.45774127Tinjauan Konsep Hak Eksklusif dalam Hak Cipta Berdasarkan Teori HegelAnastasia Theresia PuspasariCopyright is a protection in a form of an exclusive right which is attached with the creator, including moral rights which are possessed by the creator for the embodiment for their personality in the creation. The referred moral rights are recognized in the international treaties, specifically in Berne Convention and TRIPS Agreement, which put forward the moral rights as a copyright protection. The protection of moral rights evolved from the Continental Europe countries, which recognizes author’s rights. The principle of moral rights could be analyzed with Hegel’s theory from the writing in his book entitled “Philosophy of Rights”, postulating the principle of how a person could claim his right of property possessions. In accordance with Hegel’s theory, this research will be focused on the scope of copyright as an exclusive right, which will also analyze the copyright law of Indonesia regulated in Law Number 28/2014. The copyright protection regarding moral rights in Law Number 28/2014 principally regulates the right given to the creator to signify their identities in their creation or to claim for their creation which adheres with their personalities. Moral rights are also given to performers in the form of related rights, as a right for the performers to claim the performance of the creation.https://journal.maranatha.edu/index.php/dialogia/article/view/4577hegelcopyrightmoral rights |
spellingShingle | Anastasia Theresia Puspasari Tinjauan Konsep Hak Eksklusif dalam Hak Cipta Berdasarkan Teori Hegel Dialogia Iuridica hegel copyright moral rights |
title | Tinjauan Konsep Hak Eksklusif dalam Hak Cipta Berdasarkan Teori Hegel |
title_full | Tinjauan Konsep Hak Eksklusif dalam Hak Cipta Berdasarkan Teori Hegel |
title_fullStr | Tinjauan Konsep Hak Eksklusif dalam Hak Cipta Berdasarkan Teori Hegel |
title_full_unstemmed | Tinjauan Konsep Hak Eksklusif dalam Hak Cipta Berdasarkan Teori Hegel |
title_short | Tinjauan Konsep Hak Eksklusif dalam Hak Cipta Berdasarkan Teori Hegel |
title_sort | tinjauan konsep hak eksklusif dalam hak cipta berdasarkan teori hegel |
topic | hegel copyright moral rights |
url | https://journal.maranatha.edu/index.php/dialogia/article/view/4577 |
work_keys_str_mv | AT anastasiatheresiapuspasari tinjauankonsephakeksklusifdalamhakciptaberdasarkanteorihegel |