Flashcards in DL Copyright Deck (50)
the right that a copyright owner has and how it can be used for commercial advantage.
is concerned with protecting the work of the human intellect. the domain of copyright is the protection of literary and artistic works.
When copyright protects works?
that is the expression of thoughts, and not ideas.
the expression "such as " opens the door to creations other than the ones set out in the list. In some jurisdiction there can be provided protection for:
- private letters
- floral decoration of a bridge
- a son -et - lumiere show
- examination papers.
these are works that are derived from other, existing sources. examples:
- translations of works into a different language
- adaptations of works, such as making a film scenario based on a novel
- arrangements of music, such as an orchestra version of a musical composition initially written for piano
- other alterations of works, for example an abridgment of a novel
- compilations of literary and artistic works, such as encyclopedias and anthologies.
embarking in a derivative work
translation without proper authorization would expose the translator to the risk of
being sued for copyright violation.
What sort of things can be protected by copyright
The key to this expression in fact is the
word “works”. - human expression
there is a consensus that
the original combination of sound, text and images in a digital format,
which is made accessible by a computer program, embodies an
expression of authorship sufficient to justify the protection of multimedia
productions under the umbrella of copyright.
What are the Rights Protected by Copyright?
the owner may use it exclusively, as she/he
wishes, and that nobody else can lawfully use it without the owner's
The owner of copyright in a protected work may use
the work as he wishes, and may prevent others from using it without his
authorization. Thus, the rights granted under national laws to the owner of
copyright in a protected work are normally "exclusive rights": to use the
work or to authorize others to use the work, subject to the legally
recognized rights and interests of others.
there are two types of rights which allow to take a certain actions to preserve the personal link between himself and the work.
- Economic rights
- Moral rights
Right of reproduction
cover the printing of books and photocopying, tape recording and copying o f tape recordings.
-the storage of works in computer memories
- and copying of computer programs on diskettes, CD-Roms, CD writeable ROMS and so on.
What are the five exclusive rights of the copyright owner?
-the right to reproduce the copyrighted work.
-the right to prepare derivative works based upon the work.
-the right to distribute copies of the work to the public.
-the right to perform the copyrighted work publicly.
-the right to display the copyrighted work publicly.
What are the economic right of copyright holder?
Copyrights as an Economic Right. Copyrights can be divided into "copyrights that are economic rights" which protect the economic value of a copyright work, and "moral rights" which protect the moral interests of the author.
What is the exclusive right?
In Anglo-Saxon law, an exclusive right, or exclusivity, is a de facto, non-tangible prerogative existing in law (that is, the power or, in a wider sense, right) to perform an action or acquire a benefit and to permit or deny others the right to perform the same action or to acquire the same benefit.
What is a moral right?
Moral rights are rights of creators of copyrighted works generally recognized in civil law jurisdictions and, to a lesser extent, in some common law jurisdictions. They include the right of attribution, the right to have a work published anonymously or pseudonymously, and the right to the integrity of the work.
right of performance
perform a work when you play a tune, for example, or when you act on
right of broadcasting and right of communication
broadcasting may actually form part of communication to the
public, or they may be linked parallel concepts, but typically all kinds of
communication will be covered, broadcasting being one, but cable
distribution could be another, and Internet distribution another again.
The right of reproduction –
examples of this right were the right to authorize photocopies, printed copies or copies of cassettes.
The rights related to performance, etc
examples here were the
right to perform the work e.g. as a song and the rights to
communicate the work to the public and to broadcast it.
Therefore, the right to control the act of reproduction is the legal basis for many
forms of exploitation of protected works.
some laws include a right to authorize distribution
of copies of works; obviously, the right of reproduction would be of little economic
value if the owner of copyright could not authorize the distribution of the copies
made with his consent. The right of distribution is usually subject to exhaustion
upon first sale or other transfer of ownership of a copy, which is made with the
authorization of the rights owner. This means that, after the copyright owner has
sold or otherwise transferred ownership of a particular copy of a work, the owner
of that copy may dispose of it without the copyright owner's further permission, by
giving it away or even by reselling it
right to control importation
some copyright laws include a right to
control importation of copies as a means of preventing erosion of the principle of
territoriality of copyright; that is, the economic interests of the copyright owner
would be endangered if he could not exercise the rights of reproduction and
distribution on a territorial basis.
"limitations" on rights
There are some acts of reproducing a work which are exceptions to the
general rule, because they do not require the authorization of the author or other
owner of rights. For example, many
national laws traditionally allow individuals to make single copies of works for
private, personal and non-commercial purposes. The emergence of digital
technology, which creates the possibility of making high-quality, unauthorized
copies of works that are virtually indistinguishable from the source has called into question the continued justification for such a limitation on
the right of reproduction.
Rights of Public Performance, Broadcasting and
Communication to the Public
Normally under national law, a public performance is considered as any
performance of a work at a place where the public is or can be present, or at a
place not open to the public, but where a substantial number of persons
outside the normal circle of a family and its closest social acquaintances is
On the basis of the right of public performance, the author or other owner of
copyright may authorize live performances of a work, such as the presentation of
a play in a theater or an orchestra performance of a symphony in a concert hall.
The right of broadcasting
covers the emission by wireless means for
members of the public within range of the signal, whose equipment allows
reception of sounds or of images and sounds, whether by radio, television, or
communicated to the public
a signal is diffused by wire
or cable, which can be received only by persons who have access to equipment
connected to the wire or cable system.
Rights of owner
Under the Berne Convention, owners of copyright have the exclusive right
of authorizing public performance, broadcasting and communication to the public
of their works. Under some national laws, the exclusive right of the author or
other owner of rights to authorize broadcasting is replaced, in certain
circumstances, by a right to equitable remuneration, although such a limitation on
the broadcasting right is less and less common.
Rights of Translation and Adaptation
The acts of translating or adapting a work protected by copyright also
require the authorization of the owner of rights.