Related Copyright Rights

Question 1

Phonogram

Answer 1

“the fixation of the sounds of a performance or of other sounds, or if a representation of sounds, other than in the form of a fixation incorporated in a cinematographic or other audiovisual work”. ONLY A FIXATION OF SOUNDS

Question 2

Rights of producers of phonograms

Answer 2

The right of reproduction (right to authorise or prohibit the direct or indirect reproduction of their phonograms)
The right of distribution
Rental rights
The right to remuneration for the broadcasting and communication of a work to the public
The right of making phonograms available to the public

Question 3

WPPT term of protection for producers of phonograms

Answer 3

Minimum protection of 50 years for producers of phonograms:
• starting from the end of the year in which the phonogram was published, or
• running from the end of the year in which the fixation was made if a phonogram was not published within 50 years of fixation

Question 4

In the EU the rights of producers of phonograms shall expire 50 years after fixation is made, however:

Answer 4

• If the phonograms has been lawfully published within this period, the said rights shall expire 70 years from the date of the first lawful publication
• if no lawful publication has taken place within 50 years of the fixation being made, and if the phonogram has been lawfully communicated to the public within this period, the said rights shall expire 70 years from the date of the first lawful communication to the public

Question 5

Provision of WIPO Performances and the Phonograms Treaty (WPPT) that apply to both performers and producers of phonograms:

Answer 5

Exceptions and limitations
Formalities
Technical measures
Rights management information.

Question 6

Broadcasters Rights under the Rome Convention

Answer 6

• the rebroadcasting of their broadcasts
• the fixation of their broadcasts
• the reproduction of unauthorised fixations
• the communication to the public of their television broadcasts of such communication is made in places accessible to the public against payment of an entrance fee

RIGHTS EXPIRE 20 YEARS AFTER THE END OF CALENDAR YEAR IN WHICH A BROADCAST TOOK PLACE

Question 7

EU rights of broadcasters

Answer 7

Cover broadcasts that are transmitted by wire or over the air, including by cable or satellite.
Right of distribution
Right to make a broadcast available to the public in such a way that members of the public can access the fixation of the broadcast from a place and at a time individually chosen by them

Question 8

Rights of film producers

Answer 8

The producers of the first fixations of films are granted 4 rights with respect to the original and copies of their films:

• the right of reproduction
• rental and lending rights
• the right of distribution
• the right of making available to the public

Question 9

Rights to first publications of previously unpublished works

Answer 9

Article 4 of the Copyright Term Directive:

The related right to previously unpublished works in the EU is granted when such a work is published as a tangible copy only.

The term of protection of such rights shall be 25 years from the time when the work was first lawfully published or lawfully communicated to the public.

Question 10

Rights to critical and scientific publications

Answer 10

Article 5 of the Copyright Term Directive

Member States May protect critical and scientific publications of which have come into the public domain. The maximum term of protection of such rights shall be 30 years from the time when the publication was first lawfully published.

Question 11

Rights to photographs lacking originality

Answer 11

Art 6 Copyright Term Directive

Photographs which are original in the sense that they are the author’s own intellectual creation shall be protected in accordance with Article 1. No other criteria shall be applied to determine their eligibility for protection. Member States May provide for the protection of other photographs.

Question 12

Types of agreements concluded for the exploitation of a copyright by a third party

Answer 12

• economic rights transfer agreements (assignment contracts) - author relinquishes rights and third party acquires them
• licenses - authorise the use of a work in certain ways by a third party without transferring the copyright

Question 13

Copyleft clause

Answer 13

Typical for open licenses but not mandatory. It ensures that the work will continue to be disseminated under the same license.

Question 14

Scope of license/ assignment agreement

Answer 14

• can take place in the case of a work that has not yet been created
• copyright is divisible, which means that it can be assigned in parts
• May be concluded for a limited time and cover a specific territory
• in some countries, when transferring the totality of an author’s economic rights, it may be required to list the scope of assigned/ licensed rights

Question 15

Collecting societies ( collective management organisations)

Answer 15

Exercise the copyright in the name and on behalf of the authors: grant licenses, collect royalties and distribute these among its members after deducting administration costs. Normally one per specific type of work and per country - operate on a country-by-country basis but can conclude mutual representation agreements.

The user of works may deal only with one body and obtain a blanket licence that will allow using any song included in society’s repertoire

Question 16

Purpose of related rights

Answer 16

Protect the legal interests of certain persons or organisations that contribute to making works available to the public or that add personal, technical or organisational skill to the exploitation of the work.

Question 17

International standard of protection for related rights is determined by 3 international treaties

Answer 17

1) The Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations 1961
2) TRIPS Agreement 1994
3) The WIPO Performances and Phonograms Treaty (WPPT) 1996

Question 18

Definition of a perfomer

Answer 18

Any persons who act, sing, deliver, declaim, play in, interpret or otherwise perform literary or artistic works or expressions of folklore without payment

Question 19

Economic rights of performers - WPPT grants min 50 years of production whilst EU grants 70 years

Answer 19

The rights granted to performers under the Rome Convention, WPPT and TRIPS are:

• right to authorise the fixation of a performance (in the case of an unfixed performance)
• Right to authorise the broadcasting order communication to the public of life performances (in the case of an unfixed performance)
• Right to authorise reproduction of fixations of performances (in the case of a fixed performance)
• The right of distribution (in the case of a fixed performance)
• The rental rights to hardcopies of the performance (along with EU lending rights) (in the case of a fixed performance)
• The right to remuneration for the broadcasting and communication to the public of the performances based on the phonogram (in the case of a fixed performance)
• The right of make a fixed performance available to the public

Question 20

Moral rights of performers

Answer 20

1. The right of paternity which gives the performer the right to claim to be identified as the performer of a performance
2. The right of integrity which gives the performer the right to object to any distortion, mutilation or other modification of the performance that would be prejudicial to their reputation

Question 21

Transfer of economic rights is an issue that is regulated differently in different countries.

Answer 21

There is little in the way of standardised regulation at the international level.

Question 22

When concluding a contract it is important to comply with the regulations of the country in which that contract is concluded, especially with:

Answer 22

civil law (rules concerning declaration of will, the form of an agreement) and copyright law

Question 23

two basic types of agreements (contracts) concluded for the exploitation of a copyright by a third party are

Answer 23

economic rights transfer agreements (assignment contracts),

licenses

Question 24

National regulations provide a specific mandatory form for copyright agreements.

Answer 24

In many countries assignment contracts and exclusive licenses must be recorded in writing

Question 25

An assignment or a licence can take place in the case of a work that has not yet been created.

Answer 25

True

Question 26

Copyright is divisible

Answer 26

Can be assigned in parts

Question 27

In some countries, when transferring the totality of an author’s economic rights it may be required

Answer 27

to specify (to list) the scope of assigned/licensed rights.

Question 28

Open licence

Answer 28

allow right holders to share their works and even to allow others to produce derivative works on the basis of their works. Open licenses are normally for free and are available to anyone who wants one.

Question 29

Copyright assignment and licenses agreements may be concluded for a limited time and cover a specific territory.

Answer 29

True

Question 30

Collecting societies (collective management organisations)

Answer 30

exercising copyright in the name and on behalf of authors; they grant licences, collect royalties, and distribute these among its members after deducting administration costs.

Question 31

Collective management organisations operate on a country-by-country basis

Answer 31

however they conclude mutual representation agreements amongst themselves.

Question 32

The user of works, e.g. a radio station, may deal only with one body

Answer 32

may obtain a blanket licence that will allow using any song or piece of music work included in the society’s repertoire

Question 33

Rights granted in the case of a fixed performance

Answer 33

Right to authorise reproduction of fixations of performances
Right of distribution
Rental rights to hardcopies of the performance (along with EU lending rights)
Right to remuneration for the broadcasting and communication to the public of the performances based on the phonogram
Right of make a fixed performance available to the public

Question 34

Rights granted in the case of an unfixed performance

Answer 34

Right to authorise the fixation of a performance

Right to authorise the broadcasting order communication to the public of life performances

Question 35

Producer

Answer 35

person or the legal entity which first fixes sounds of the performance or these other sounds.

Question 36

Protection for three basic entities under RRs

Answer 36

1. Performers
2. producers of phonograms
3. Broadcasting organisations

Question 37

In the EU, rights of broadcasters

Answer 37

PROTECTED FOR 50 YEARS FROM THE FIRST TRANSMISSION OF A BROADCAST