Copyright Law Introduction

Question 1

Nature and function of copyright law:

Answer 1

intangibility
non-exclusivity
non-rivalry

Question 2

intangibility

Answer 2

not perceivable through the physical senses, although still legally perceived as an independent object [artifact]

Question 3

non-exclusivity

Answer 3

without physical possibility to exclude third parties from using an object

Question 4

non-rivalry

Answer 4

a single use has no impact on physical condition of an object

Question 5

justification for monopoly rights

Answer 5

natural right’s theories
economic (utilitarian) theories
instrumental justifications (e.g. neoliberal economic theory),
reward theory (note: not as an economic justification; it is a concept of social reward for creation)
democratic justification

Question 6

Normative concepts of protection over immaterial goods

Answer 6

The Anglo American approach (common law countries) favours thinking about copyright in more utilitarian terms. The droit d’auteur tradition is based on an assertion that a creation is an inherent part of the author-person and anchors in his personality as a human being. Copyright law is thus justified as a part of natural rights system.

Question 7

Internationalisation of IP rights - the Berne Convention

Answer 7

the first multilateral treaty of copyright,
the principle of automatic grant of copyright,
important role for developing world.

Question 8

Embodiment of copyright’s subject matter

Answer 8

difference between intangibility of the copyright’s subject matter and its physical embodiment: notion of work (intangible) versus notion of its fixation (tangible),
a destruction of a book does not constitute a copyright infringement,
notion of work is a cornerstone for copyright law,
a material object is a subject of property laws, not intellectual property laws

Question 9

International provisions

Answer 9

UDHR 1948, ICESCR 1966, ICCRP 1976, ECHR 1950-1952 and EU Charter for Fundamental Rights 2000 (EU countries only)

Question 10

Brief summary on IP system

Answer 10

subject matter is always intangible,
related rights system [copyright only]
patents mainly relating to economic justification [copyright law does contain also elements of moral rights protection, even in the AngloAmerican countries]
industrial design relates to products features and its position on the market,
trade marks related to recognition of company in a trade,
also, protection over undisclosed information, or protection over compilation of data.