Week 5 Flashcards
Authorship. Who is author? Justification of authorship. Cooperation while creating a work (co-authorship).
What is authorship?
1
What is the difference between authorship and ownership?
1
What does it mean authorship under common law?
1
What is public domain ?
the examples of can be animals which painting on the floor. Or monkey case when one monkey made a picture of itself. those examples will be property in the public domain.
Computer generated works, works of artificial intelligence.
when computer behaves as human and creates smth on his own it will still counted copyrightable as human creation.
1
Section 9(3) of CDPA 1988, in the case of a literary, dramatic, musical or artistic work which is computer - generated, the author shall be taken to be the person by whom the arrangements necessary for the creation of the work are undertaken.
Computer - generated
in relation to a work, means that the works is generated by computer in circumstances such that there is no human author of the work.
Author v producer v fixator
1
1
in common law, the producer is sometimes regarded as an author. For example, in the case of films the UK’s CDPA regards the producer and principal director as joint authors of a film
What is joint authorship?
1
What is majors factors of joint authorship?
1) the nature of the collaboration
2) the properties of the contribution made,
3) the degree to which different contributions are integrated
What is collaboration?
1
What is the properties of the contribution ?
1
What is the degree to which different contributions are integrated?
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Case Edward B. Marks v Jerry Vogel
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Joint authorship - summary
When the work is created or modified by two or more people it may lead to the creation of joint-authorship work.
Factors that are taken into account when distinguishing joint authorship from other forms of cooperation: 1) the nature of the collaboration
2) the properties of the contribution made
3) the degree to which different contributions are integrated
Collaboration: if the authors work simultaneously and both affect the form and content of the work, they are definitely collaborating. Cases involving slightly looser cooperation are treated differently in different countries.
what are the exceptions to author rights?
1
what ownership of the joint copyright?
1
the author as an employee (work made for hire)
non-employee authors such as subcontractors, freelancers or consultants are the owner of copyright to works they’ve created.
Case Jordan Harrison Ltd v MacDonald & Evans 1952
1
Author as an employee - summary
when an employee creates a work in the course of employment usually, it is left to the parties to the employment relationship to decide of copyright ownership (e.g. in a contract of employment)
- if the parties do not decide on how to assign copyright themselves national laws include provisions, which specify when copyright is assigned to the employer.
in general statutory regimes apply only to works created by an employee (not by subcontractor, freelancer or consultant) while performing tasks and duties within the framework of an employment relationship.
- statutory provisions specify when and how an employer obtains copyright and the scope of rights obtained (in some countries all the economic rights to the work are obtained by employer in others only a part of it.)
- Ownership of the result of student’s activities
1
What are special types of work?
1
Who is the author of a database?
in many countries databases are protected as literary works. The author is afforded the same rights he or she would in the case of any other literary and artistic work.
Case Martin Luksan v Petrus van der Let
1
Authorship and ownership in special types of work - summary
In many countries databases are protected as literary works. The author a database is the person who makes the selection and/or arrangement of the materials of a database.
in the EU databases are afforded copyright protection and sui generis protection. The latter concerns the investment in the compilation. The first right is granted to the author and the second to the producer.
Cinematographic works are afforded special treatment in the BC due to their particular characteristic. Article 14 bis (2) leaves the question of ownership to the discretion of members states. there are three ways in which different national laws make use of this discretion: All contributors are assigned authorship.
Only some specific contributors are assigned authorship (e.g. the writer of the screenplay, the writer of the dialogues, the music composer, the principal director, etc_
Only the producer or maker of the film is assigned authorship However in EU member states are obliged to assign authorship to the principal director of the film, at least in addition to any other rights owner.
