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All Journal JISIP: Jurnal Ilmu Sosial dan Pendidikan
Lie, Madeleine
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Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Perkembangan Penyelesaian Sengketa Dalam WTO Lie, Madeleine
JISIP: Jurnal Ilmu Sosial dan Pendidikan Vol 7, No 2 (2023): JISIP (Jurnal Ilmu Sosial dan Pendidikan) (Maret)
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jisip.v7i2.4954

Abstract

The World Trade Organization (WTO) is an international organization whose job is to facilitate international trade so that all member countries can compete in an open, fair and orderly manner in accordance with the Most Favored Nation principle stipulated in the 1994 GATT and the Agreement Establishing the WTO. In addition to regulating how international trade should work, the WTO also regulates the settlement of trade disputes between countries / Dispute Settlements. Trade disputes between countries can arise when one member of the WTO, namely a country believes that another WTO member has violated an agreement or commitment that has been made and agreed upon at the WTO. The Handbook on WTO Dispute Settlement explains that having a mechanism to resolve disputes that will occur within the WTO organization can increase the practical value of the commitments made by WTO members who join the WTO.Since 2018, Appellate Body in WTO was rendered non-functional as it lacked a quorum under its rules due to United States of America’s blockade of the appointment of new Appellate Body members, resulting in only 3 members remaining on the Body during 2018. Because of that, Multiparty Interim Appeal Arbitration Arrangement (MPIA) was created in order to replace Appellate Body temporarily.
PERMASALAHAN PENGGUNAAN YOUTUBE FAIR USE DALAM KASUS TOTALLY NOT MARK VS TOEI ANIMATION Lie, Madeleine
JISIP: Jurnal Ilmu Sosial dan Pendidikan Vol 7, No 3 (2023): JISIP (Jurnal Ilmu Sosial dan Pendidikan) (Juli)
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jisip.v7i3.5093

Abstract

The case of Totally Not Mark vs. Toei Animation stole attention in the Youtube community back in 2021, when Toei Animation targeted Totally Not Mark with 150 separate copyright strikes on his channel, all manually filed by Japanese animation studio Toei Animation. According to the YouTuber, Toei Animation submitted YouTube direct takedown requests for all 150 videos, which may result in the content being removed from his channel instantly, as well as strikes that would end his channel entirely. YouTube apparently responded to such notices, asking Toei to clarify whether they had considered fair usage and requesting additional justification from Toei. This raised issues within the IP industry, where Youtube, a company based in the United States, recognizes fair use while Toei Animation, a company based in Japan, does not. According to YouTube, what Toei Animation did Instead of replying to YouTube's request for justification for their takedown notices, they used their own tools behind YouTube's back to manually claim and block every one of the 150 videos in the Totally Not Mark catalog of content. To summarize, Toei explicitly broke the rules in this case. However, if Toei Animation had used Japanese IP Law instead, YouTube would likely have honored their removal, removed the videos worldwide, and potentially struck out the Totally Not Mark channel.
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