COPYRIGHT

Question 1

3 important things established by Berne convention

Answer 1

1. definition of literary & artistic works (= very production in the literary, artistic & scientific domain, whatever may be the mode or form of its expression, such as…)
2. minimum protection to be granted
3. basic principles

Question 2

why the requirement originality refers to “elements that are expression of such creation) i.e. the sub matter should be identifiable in an objective way

Answer 2

1. to allow others to identify the sub matter itself
2. to avoid subjectivity

Question 3

what can be subject to copyright (12)

Answer 3

1. literary works
2. artistic works
3. logos/ TMs
4. buildings
5. design works
6. cinematographic works
7. dramatic works
8. fictional characters
9. format of TV programs
10. photographic works
11. databases (BUT original arrangement)
12. softwares (protected as literary works, only visual elements, no algorithms)

Question 4

2 exception on who owns economic rights over copyright

Answer 4

1. author employed in order to create the piece of intellectual property subject to copyright (the firm is entitled to rights)
2. the work is commissioned (the commissioner is entitled to the rights)

Question 5

5 economic rights

Answer 5

1. rights of reproduction
2. rights to make derivative works
3. rights of distribution
4. rental & lending rights
5. communication to public rights

Question 6

3 types of derivative works

Answer 6

1. modifications/alterations
2. translation
3. adaptation for new use or to make it suitable to different conditions of exploitation

Question 7

2 types of distribution

Answer 7

1. exhaustion (copy), seller loses its right after first sale
2. resale royalty right (original), seller is entitled of a share on every sale after the first

Question 8

4 types of communication to public

Answer 8

1. perform
2. display
3. broadcast
4. make it available to public

Question 9

2 things the right of attribution prevents

Answer 9

1. false attribution
2. misleading attribution

Question 10

5 exceptions to scope of protection in the EU

Answer 10

1. private copying
2. library, archives, museums, educational reproduction for non-commercial purposes
3. teaching or research
4. parody, pastiche, caricature
5. reporting current events, quotation for criticism, review