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All Journal Privat Law Jurnal Darma Agung
Wicaksono, Galih Wahyu
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Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Social Sciences

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URGENSI PERLINDUNGAN PENGETAHUAN TRADISIONAL SECARA SUI GENERIS DALAM REZIM HAK KEKAYAAN INTELEKTUAL INDOENSIA Wicaksono, Galih Wahyu
JURNAL DARMA AGUNG Vol 30 No 3 (2022): DESEMBER
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat Universitas Darma Agung (LPPM_UDA)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46930/ojsuda.v32i5.4575

Abstract

Indonesia has inherited by lot of biodiversity, it cannot be separated from the Cultural Expressionsand Traditional Knowledge possessed by the local communities. The existence of this giving createsthe potential that generate economic profits as well as the potential for the emergence of biopiracyand misappropriation activities carried out by the other parties. This research aims to analyze andunderstand the concept of traditional knowledge and the urgency of establishing sui generis lawsrelated to the protection of traditional knowledge. The method of this research uses normativejuridical methods. The researc h results concluded that traditional knowledge has an open natureis generally aimed at human itarian activities, and is not far from spiritual or religious. Eventhough there is a law related to Intellectual Property Rights that protects traditional knowledge,it has not been effective in protecting the rights of traditional knowledge owners. Due to this, it isnecessary to establish a sui generis law related to the protection of traditional knowledge to providejustice and protection from biopiracy and misappropriation activities.
TINDAKAN SAMPLING PADA KARYA CIPTA MUSIK DALAM PERSPEKTIF UNDANG–UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA Wicaksono, Galih Wahyu
Jurnal Privat Law Vol 11, No 1 (2023): JANUARI-JUNI
Publisher : Fakultas Hukum Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/privat.v11i1.44806

Abstract

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.Keywords: Copyright; Sampling; Music; Economic Rights
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