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Right to communicate the work to the public. In addition to the above, Section 57 of the Act stipulates “author’s moralrights,” grants the owner of a copyright the power to exercise moral authority over the work. The Indonesian copyright regime is governed by its Copyright Act of 2014 (‘Act’).
According to article 1(1): intellectual creators, by creating the work, acquire intellectual property over it, which includes, as exclusive and absolute rights, the right to exploit the work (property right) and the right to protect the personal link to it (moralright). Emphasis added.)
In this context, the BGH issued a decision in 2014 in relation to the games console, Nintendo DS. The question as to whether the required serious infringement of moralrights had occurred could, the BGH ruled, only be ascertained on the basis of an analysis of the entire circumstances of the specific case.
This first part covers the definition of a work, authorship and moralrights. Parts 2 to 4 will address exploitation rights, relatedrights, exceptions and limitations, copyright contract law and enforcement. Moralrights (Sections 12-14 UrhG). 3] BGH, 18 September 2014, CT-Paradies, GRUR 2015, 258.
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