PART 3 (CHAPTER 1)

Question 1

Author’s rights

Answer 1

it protects:
- intellectual works (original creations, artistic or scientific works, etc.)

Question 2

Related rights

Answer 2

it protects:
- performances of artists, producers of phonograms and videograms, and broadcasting organisations

Question 3

Ownership

Answer 3

author’s rights belong to the intellectual creator of the work, unless otherwise expressly provided

Question 4

Specific Compensation

Answer 4

even if the employer owns the rights to the author’s work, the creator can still ask for extra compensation under certain circumstances:
- if the work exceeds the purpose for which it was created
- if the work is used in ways or brings benefits that weren’t covered by the initial payment

Question 5

Collective Work

Answer 5

work done as a group, they all hold the rights

Question 6

Software and data bases

Answer 6

ownership of software and databases under a company belongs to the employer, unless stated otherwise (collective work)

Question 7

What are the rights granted by author’s rights

Answer 7

economic and personal rights

Question 8

Economic rights

Answer 8

• the author holds exclusive rights to use and enjoy its work as well as authorize its use and enjoyment by third parties
• the owner can allow: its publication, its reproduction, adaptation, its broadcasting, its translation, etc.

Question 9

Moral rights

Answer 9

to claim authorship of the work and to object to any distortion, destruction, mutilation or any alterations

Question 10

Exceptions where you don’t need permission to use copyrighted work

Answer 10

• copyrighted work can be used for private purposes or to quote it, as long as you follow the rules set by the law
• these exceptions called “free uses” shouldn’t interfere with the normal use of the work or harm the author’s rights

Question 11

Duration of author’s rights

Answer 11

Economic rights: lapse 70 years after the death of the author
Moral rights: never lapse
Related rights: 50 years after the performance of an artist

Question 12

Registration of author’s rights

Answer 12

• obtained automatically
• registration is advisable to help prove authorship

Question 13

Collective Management

Answer 13

entities that manage author’s rights or related rights on behalf of the author. They issue the licenses and collect the respective fees

Question 14

Protection Abroad

Answer 14

The protection of author’s rights is automatic in all states that are a party to the Berne Convention for the Protection of Literary and Artistic Works

Question 15

Reciprocal Representation Agreements

Answer 15

• deals made between groups that manage the rights of artists. These agreements are signed between organizations that are part of CISAC

Question 16

Work protected under copyright

Answer 16

• novels, leaflets, magazines, newspapers and other writings;
• Conferences, speeches, sermons, etc.;
• Theatre plays, musical plays and their staging;
• Choreographies;
• Musical compositions, with or without words;
• Films, and television and radio programs;
• Drawings, tapestry, paintings, sculpture, ceramics, tiles, engravings and lithographs and
  architecture;
• Photographs; advertising;
• Industrial designs or models and other designs that constitute artistic creations;
• maps;
• slogans

Question 17

Why can copyrights expire?

Answer 17

To allow the spread or continuation of knowledge and art form. allowing the public to expand or continue said work.