Transcript Understanding Copyright and Related Rights

Understanding Copyright
Law
Fall 2011
International Business Law - Jeffrey Pittman
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Copyright Law – Magic
 To begin our look at an expansive area of law,
consider copyright issues in “Abracadabra! Dutch
court fines magician over act”
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Copyright Law Videos
Although cartoon in nature, the following copyright
videos provide an interesting introduction to copyright
law
 YouTube Copyright School
 Copyright Basics
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The Berne Convention for the Protection
of Literary and Artistic Works
 A major source of international copyright law is The
Berne Convention for the Protection of Literary and
Artistic Works (the Berne Convention)
 The convention was first accepted in Berne,
Switzerland in 1886
 Nearly every country today is a signatory of the Berne
Convention (see Contracting Parties)
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Berne Convention History
 The Berne Convention was developed in part through
the efforts of Victor Hugo, through the Association
Littéraire et Artistique Internationale
 The Convention was influenced by the French "right
of the author" (droit d'auteur), contrasting with a
concept of "copyright" focusing only on economic
concerns
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Berne Convention
There are three basic principles under the Berne
Convention:
1. Works originating in one of the contracting States
must be given the same protection in each of the
other contracting States as the latter grants to the
works of its own nationals (principle of “national
treatment”)
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Berne Convention
There are three basic principles under the Berne
Convention:
2. Such protection must not be conditional upon
compliance with any formality (principle of
“automatic” protection)
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Berne Convention
There are three basic principles under the Berne
Convention:
3. Such protection is independent of the existence of
protection in the country of origin of the work
(principle of the “independence” of protection)
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Copyright Law Basics
1- What May Be Protected
Copyright protects “literary and artistic works” that are
original works of authorship
 Expressions are protected, not the underlying ideas or concepts
 Original means the works are not copied from another
 The ideas in the work do not need to be original, but the form
of expression must be an original creation of the author
 There must be some nominal creativity by the author
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Berne Convention
Article 2 – Protected Works
‘The expression “literary and artistic works” shall
include every production in the literary, scientific and
artistic domain, whatever may be the mode or form of
its expression . . .’
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Berne Convention
Article 2 – Protected Works
“Literary and artistic works” is a broad category and includes the
following works, and others beyond this list
 Books, pamphlets and other writings
 Lectures, addresses, sermons
 Dramatic or dramatico-musical works
 Cinematographic and choreographic works
 Musical compositions
 Drawing, painting, architecture, sculpture, engraving and
lithography
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Lectures
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Architecture
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Sculpture
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Music
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Books
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Choreographic Works
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Movies
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Paintings
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Computer Programs
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Special Copyright Protection
Issues
 Databases – see WIPO Copyright Treaty (WCT), Article 5
 “Compilations of data or other material, in any form, which by reason of the
selection or arrangement of their contents constitute intellectual creations,
are protected as such. This protection does not extend to the data or the
material itself and is without prejudice to any copyright subsisting in the data
or material contained in the compilation”
 Copyright protection of product designs
 Architecture issues
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Copyright Law Basics
2. Rights Protected Under Copyright
There are two types of rights protected under copyright law
 Economic rights, which allow the rights owner to derive
financial reward from the use of his works by others
 Moral rights, which allow the author to take certain actions to
preserve the personal link between himself and the work
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Economics Rights under
Copyright
Economics rights - the copyright owner of a work can prohibit or
authorize:
 Reproduction in various forms, such as printed publications or sound
recordings
 Distribution of copies
 Public performance
 Broadcasting or other communication to the public
 Translation into other languages, and
 Adaptation, such as a novel into a screenplay
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Moral Rights under Copyright
 Moral rights include the right to claim authorship of the work
(sometimes called the right of paternity); and
 the right to object to any distortion or modification of the work,
or other derogatory action in relation to the work, which would
be prejudicial to the author’s honor or reputation (sometimes
called the right of integrity)
 The Berne Convention requires moral rights to be independent
of the author’s economic rights, and to remain with the author
even after he has transferred his economic rights.
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Limitations on Rights
 The first limitation is the exclusion from copyright
protection of certain categories of works
 In some countries (for example, the US), works are excluded
from protection if they are not fixed in tangible form
 Thus, a work of choreography would only be protected once the
movements were written down in dance notation or recorded on
videotape
 In certain countries (for example, the US), the texts of laws,
court and administrative decisions are excluded from copyright
protection
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Limitations on Rights (Cont.)
 The second category of limitations concerns particular acts
of exploitation, normally requiring the authorization of the
rights owner, which may, under circumstances specified in
the law, be carried out without authorization
 There are two basic types of limitations in this category: (a)
free use, which carries no obligation to compensate the
rights owner for the use of his work without authorization;
and (b) non-voluntary licenses, which do require that
compensation be paid to the rights owner for nonauthorized exploitation
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Examples of Free Use
 Quoting from a protected work, provided that the
source of the quotation and the name of the author is
mentioned, and that the extent of the quotation is
compatible with fair practice;
 Use of works by way of illustration for teaching
purposes; and
 Use of works for the purpose of news reporting
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Fair Use
 In addition to the specific categories of free use set out in
national laws, the laws of some countries (for example, the US)
recognize the concept known as fair use or fair dealing
 This allows use of works without the authorization of the rights
owner, taking into account factors such as:
 the nature and purpose of the use, including whether it is for commercial
purposes;
 the nature of the work used;
 the amount of the work used in relation to the work as a whole;
 and the likely effect of the use on the potential commercial value of the
work
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Fair Use
 For information on fair use in the United States, see
Benedict.com
 Use the fair use visualizer on the homepage
 Analyze the 2 Live Crew/Pretty Woman dispute
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Copyright Law Basics
3. Copyright Ownership
 Author
 Works made for hire
 Licensing and assignment
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Copyright Law Basics
4. Duration of Copyright Ownership
 The period or duration of copyright begins from the
moment when the work has been created, or, under
some national laws, when it has been expressed in a
tangible form
 Copyright continues, in general, until some time after
the death of the author
.
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Copyright Duration
 In countries party to the Berne Convention, and in many other
countries, the duration of copyright provided for by national law
is as a general rule the life of the author plus not less than 50
years after his death
 The European Union, the United States of America and several
others have extended the term of copyright to 70 years after the
death of the author
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Copyright Law Basics
5. Copyright Damages
 In the United States, damages for copyright violations
are listed in Remedies for infringement: Damages and
profits
 The basic level of copyright damages is between $750
and $30,000 per work, at the discretion of the court
 Plaintiffs who prove willful infringement may be entitled
to damages up to $150,000 per work infringed
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The Role of WIPO
 The World Intellectual Property Organization (WIPO)
is an international organization dedicated to ensuring
that the rights of creators and owners of intellectual
property are protected worldwide, and that inventors
and authors are thus recognized and rewarded for
their ingenuity
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The Role of WIPO
WIPO administers the following international treaties on copyright
and related rights:
 Berne Convention for the Protection of Literary and Artistic Works
 Brussels Convention Relating to the Distribution of ProgramCarrying Signals Transmitted by Satellite
 Geneva Convention for the Protection of Producers of Phonograms
Against Unauthorized Duplication of Their Phonograms
 Rome Convention for the Protection of Performers, Producers of
Phonograms and Broadcasting Organizations
 WIPO Copyright Treaty (WCT)
 WIPO Performances and Phonograms Treaty (WPPT)
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