Archive for May, 2011

WHO OWNS THE COPYRIGHT IN PHOTOGRAPHS – THE PERSON TAKING THE PHOTOGRAPH OR THE PERSON IN THE PHOTOGRAPH?

18 May 2011

Source: http://www.kass.com.my/html/news_details.aspx?Source=&ID=372&Title=News

In a matter involving a photograph, a beauty queen, and rice packaging, our High Court in East Malaysia recently threw out a copyright infringement case on the basis that the party that initiated the suit had no locus standi (legal standing) to bring the suit to Court. The decision for this case was released on 25 February 2011 and revealed a number of interesting elements.

Let us visit the facts of this case. The Plaintiff, Sherinna Nur Elena Bt Abdullah was a beauty queen from 1992 up to 1994. She had won several beauty pageant titles in the state of Sabah, including the “Unduk Ngadau” beauty pageant which was organized during the Harvest Festival in 1992.

via News.

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Thank you !

May the road rise up to meet you.

May the wind be always at your back.

May the sun shine warm upon your face;

the rains fall soft upon your fields and until we meet again,

may God hold you in the palm of His hand.

traditional gaelic blessing


via May the road rise up to meet you ….

The Challenge of Indigenous and Community Conserved Areas (ICCA)

Traditional institutions managing ICCAs have been undermined by colonial or centralised political systems, whereby governments have taken over most of the relevant functions and powers Many ICCAs are under attack due to inappropriate development and educational models, religious intrusions, and externally driven change of local value systems.

As ICCAs often contain valuable renewable and non-renewable resources timber, fauna, minerals, etc., they are often encroached or threatened by commercial users, land/resource traffickers, or even community members under the increasing influence of market forces ICCAs remain unrecognised in most countries, and the lack of political and legal support often hampers community efforts at maintaining them through traditional means.

Communities’ internal conflicts, inequities and weak institutions can pose difficulties for sustained local governance and managementThese and other challenges can be effectively faced jointly by communities and formal conservation agencies, with help from NGOs and others. This is beginning to happen in countries where ICCAs are formally recognised.

via – ICCA – Home page.

Police investigating alleged arson of company property

By RINTOS MAIL rintos@thestar.com.my
Friday 13, 2011

KUCHING: Serian police are investigating reports over last Sunday’s incident where angry villagers in Tebedu allegedly burnt a logging firm’s machinery and camps.

Serian police chief DSP Mohd Jemali Umi said there were two reports lodged in Serian on the same day.He said they had yet to complete their investigations, and for now he was unable to come to a conclusion.“It is not fair and right to make any conclusion at this point because the investigation is still on,” he said yesterday.

Eleven machines and five camps were allegedly torched by residents of 10 villages in Tebedu, about 155km from here, in protest of logging activities.The villagers claimed the loggers had encroached onto their land and the logging activities had damaged their crops.About two weeks earlier, the protesters allegedly damaged a wooden bridge to stop logging trucks from entering the area.

About 600 people were allegedly involved in the action against the company’s properties.A source from one of the villages said the villagers had taken the law into their own hands as the authorities had failed to safeguard their interests.

via Police investigating alleged arson of company property.

Villagers protest against logging | BorneoPost Online | Borneo , Malaysia, Sarawak Daily News

TEBEDU: Seven heavy machinery, four lorries and five logging workers quarters were allegedly torched by residents of 10 villages here to protest against logging activities.

The villagers claimed the loggers had encroached into their land and the logging activities damaged their crops.Several days earlier the protesters damaged a wooden bridge to stop logging trucks from coming into the land.About 500 people were seen around the area at about 10am. The police were there to enforce law and order, but could not stop civilians from taking action as they were outnumbered.It took the villagers about an hour to reach the timber camp as they had to walk up a hill.Upon noticing the villagers, the camp workers who were mostly foreigners ran helter-skelter from the area.

A spokesman for the villages, who did not want to be identified, said the villagers had to act as the relevant authorities had failed to stop the logging activities.“They have tested our patience and we just cannot take it anymore. We have lodged several reports and complaints to the authorities but the logging activities still continued. We are fed-up,” he said.“Our rights have been encroached, our crops destroyed. We are 100 per cent not supporting the logging activities,” he said when met at the scene.He said they had given the workers sufficient warning to stop their activities but they did not.“That is why we take action today and torch their machinery and camp,” he said.“However our effort to catch the workers, believed to be Indonesians or Filipinos failed because they fled,” he said.

The spokesman related that an Indonesian woman, said to be wife of one of the workers, was smart enough to run away with her baby a few days ago.Serian police chief ASP Awangku Ahmaddin Awang Wang when met said he and his men could not stop the villagers as the situation was difficult and tense. The villagers were emotional.“When we arrived the machinery and the workers’ quarters were already set on fire. As the situation was so tense, we decided to monitor the situation only,” he said.He urged the villagers to settle their dispute with the company in the court room.

via Villagers protest against logging | BorneoPost Online | Borneo , Malaysia, Sarawak Daily News.

Indigenous and Community Conserved Areas (ICCA)

Several important features of ICCA

* One or more communities closely relate to the ecosystems and species culturally and/or because of survival and dependence for livelihood;

* The community management decisions and efforts lead to the conservation of habitats, species, ecological services and associated cultural values, although the conscious objective of management may be different (e.g., livelihood, water security, safeguarding of cultural and spiritual places).

* The communiti(es) are the major players in decision-making and implementation regarding the management of the site, implying that community institutions have the capacity to enforce regulations; in many situations there may be other stakeholders in collaboration or partnership, but primary decision-making is with the communiti(es).

The Significance of ICCAs

ICCAs are an important complement to official PA systems.

§ They help conserve critical ecosystems and threatened species, maintain essential ecosystem functions including water security, and provide corridors and linkages for animal and gene movement, including between two or more officially protected areas.

§ They are critical to the cultural and economic survival of millions of people.

§ They help synergise the links between agricultural biodiversity and wildlife, providing larger land/waterscape level integration.

§ They offer crucial lessons for participatory governance of official PAs, useful to resolve conflicts between PAs and local people.

§ They offer lessons in systems of conservation that integrate customary and statutory laws.

§ They are often built on sophisticated ecological knowledge systems, elements of which have wider positive use.

§ They are part of indigenous peoples and local community resistance to destructive ‘development’, e.g. rainforests threatened by mining, dams, and logging industries, ecologically sensitive high-altitude ecosystems threatened by tourism, over-exploitation of marine resources by industrial fishing, etc.

via IUCN – Indigenous and Community Conserved Areas.