COPYRIGHT Flashcards
What is copyright, and what does it protect?
Copyright protects the form of expression (e.g., arrangement of words, notes, colors) but not the ideas themselves. it protects intellectual creation (creations of human mind)
Applies to mass communication forms like books, broadcasts, films, and digital systems.
Protects both physical works (e.g., books, paintings) and non-physical ones (e.g., music, poems before written).
Aims to prevent unauthorized copying and reward creativity.
What is the purpose of copyright, and how does it benefit society?
Encourages intellectual creativity and enriches national culture.
Supports economic, social, and cultural progress by protecting creators and auxiliaries (e.g., performers, broadcasters).
Helps developing countries preserve cultural heritage and access educational materials.
Boosts industries like publishing and entertainment while fostering innovation.
What challenges does copyright face, and how can it adapt to modern needs?
Challenges: Implementation issues, lack of resources, and unequal access to creative works.
Governments can aid by funding textbooks, expanding libraries, and supporting training.
Modern copyright must balance creators’ rewards with public interest, ensuring accessibility and innovation.
A strong system promotes widespread knowledge and cultural advancement.
What is the scope and nature of subject matter eligible for copyright protection?
The subject matter includes all original intellectual creations in the literary, scientific, and artistic domains, regardless of their mode or form of expression. For protection:
The work must be an original creation of the author.
The ideas themselves do not need to be novel, but the expressed form must be unique.
Quality, purpose, or public opinion of the work does not affect its eligibility.
Examples include literary works (novels, poems), artistic works (paintings, sculptures), musical compositions, technical guides, maps, and even computer programs.
What are the economic and moral rights granted to copyright owners, and how do they differ?
Economic Rights:
The exclusive right to authorize or prohibit actions like reproduction, distribution, public performance, broadcasting, and adaptation of the work.
These rights allow authors to monetize their creations and are transferrable or assignable.
Moral Rights:
The right to claim authorship and maintain integrity of the work, preventing distortions or alterations harmful to the author’s reputation.
These rights are independent of economic rights and often remain with the author even after transferring economic rights.
How does copyright law address the right of reproduction and its related rights?
The right of reproduction allows the copyright owner to control the copying of their work in any form (printed, digital, recorded). Key aspects include:
It forms the legal basis for distributing works like books, music, or digital media.
Related rights include distribution (limited by the exhaustion principle upon first sale), rental rights (to prevent unauthorized copying of rented works like DVDs or software), and importation rights (to preserve territorial distribution agreements).
Technological advancements, such as digital copying and satellite broadcasting, have led to expanded protections to address new forms of reproduction and distribution.
What are Related Rights, and how do they differ from copyright?
Related Rights, also known as neighboring rights, protect those who assist intellectual creators in disseminating works to the public. Unlike copyright, which protects the original creator’s work, Related Rights safeguard:
Performers: Rights to prevent unauthorized use of their performances (e.g., actors, musicians).
Producers of Phonograms: Rights to control reproduction and distribution of phonograms.
Broadcasting Organizations: Rights to authorize or prohibit the rebroadcasting and fixation of their programs.
These rights recognize the contributions of intermediaries in making works accessible while addressing challenges like technological reproduction and piracy.
Why was the protection of Related Rights considered necessary, and how did it develop?
The need for Related Rights arose due to technological advancements that enabled performances, phonograms, and broadcasts to be reproduced and distributed widely without consent. Key developments include:
The rise of phonographs, radio, and television reduced live performances, creating “technological unemployment” for performers.
Producers of phonograms faced piracy and sought protection against unauthorized duplication and distribution.
Broadcasting organizations required safeguards against retransmission and unauthorized use of their programs.
The Rome Convention (1961) marked an international effort to establish these protections, encouraging countries to draft relevant laws.
How do technological advancements impact the protection of performers and producers of phonograms?
Enabling the fixation and reproduction of performances on materials like records, tapes, and CDs, reducing the demand for live performances.
Facilitating widespread piracy through easy duplication and distribution, which undercuts the income of creators and producers.
Encouraging the need for international agreements, like the Rome Convention, to standardize protections against unauthorized use.
These developments necessitated legal frameworks to address the economic and cultural challenges posed by evolving technology.
How do Related Rights contribute to cultural and economic development, particularly in developing countries?
Cultural Preservation: Protect artists and performers who perpetuate oral traditions and folklore, ensuring their contributions are recognized and safeguarded.
Economic Impact: Support the growth of tertiary industries, such as phonogram production and broadcasting, which disseminate national culture domestically and internationally.
Revenue Generation: Enable countries to earn revenue through cultural exports and protect their interests in broadcasting and reproduction of artistic works.
This protection enhances the global presence of developing nations’ cultural products while securing economic benefits.
Who is generally the initial owner of copyright in a work, and what are some exceptions to this rule?
The initial owner of copyright is usually the author who created the work. However, exceptions exist, such as when an author is employed to create the work; in this case, the employer may own the copyright. These exceptions are governed by national law.
What are moral rights in copyright, and how do they differ from other rights in terms of transferability?
Moral rights always belong to the author, regardless of who owns the copyright. Unlike economic rights, moral rights cannot be assigned. Economic rights, however, can be transferred to another person or entity through assignment or licensing. Licensing allows others to use the rights while the original owner retains copyright, often achieving similar practical effects as assignment.
What are the temporal and geographic limitations on copyright protection?
Temporal Limitation: Copyright lasts for a specific duration, typically the author’s lifetime plus at least 50 years after their death (or longer in some jurisdictions), ensuring economic benefits for successors and safeguarding investments.
Geographic Limitation: Copyright laws are country-specific, meaning protection only applies within the jurisdiction where the law is enforced. International conventions, like the Berne Convention, mitigate these geographic issues by harmonizing protections.
What is piracy, and how does it affect creators, consumers, and governments?
Definition: Piracy involves unauthorized reproduction or distribution of copyrighted works for commercial gain.
Effects on Creators: It undermines their ability to earn moral and economic rewards, reducing incentives for new creations.
Effects on Consumers: While pirated products are cheaper, they are often inferior in quality and harm long-term access to innovative works.
Effects on Governments: Piracy reduces tax revenues, potentially diminishing public arts funding and cultural development.
What remedies are available for copyright infringement?
Civil Remedies:
Cease infringement (court order).
Reparatory actions (e.g., public rectification or damages).
Penal Remedies:
Fines or imprisonment (varies by jurisdiction).
Seizure:
Infringing copies, proceeds, and implements used in the infringement can be seized.
What is an Anton Piller order, and why is it significant for combating piracy?
A court order allowing premises inspection to collect evidence of copyright infringement, granted ex parte (without the defendant’s knowledge).
Features:
Prevents destruction of evidence by surprise.
Grants access to documents (e.g., invoices, sales data).
Often paired with an injunction against altering evidence.
Safeguards: Requires proof of serious harm and care in execution (e.g., no forced entry).
What final remedies can a copyright owner seek after proving infringement?
Perpetual Injunction: Stops further infringement permanently.
Damages: Compensates the copyright owner to restore their financial position.
Additional damages for deliberate, flagrant infringements with financial gain.
Destruction Orders: Requires infringing copies to be destroyed.
What is the relationship between cultural heritage and traditional cultural expressions (TCEs)?
Cultural Heritage: Represents a community’s identity, linking the past, present, and future.
TCEs: Living expressions, constantly recreated through innovation within traditional frameworks.
Economic Role: TCEs serve as sources of creativity for industries, such as entertainment, fashion, and design.
Preservation Challenges: TCEs face threats from global commerce, cultural uniformity, and misappropriation.
What are the concerns regarding the protection of traditional cultural expressions (TCEs)?
Unauthorized Use: Reproduction and commercialization of TCEs without sharing economic benefits.
Cultural Insensitivity: TCEs used in offensive or degrading ways.
Misleading Use: False claims of authenticity or origin, undermining the reputation of TCEs.
Attribution Issues: Failure to acknowledge the source of TCEs, impacting their cultural significance.
Need for Protection: Intellectual property laws, especially copyright, are not always sufficient to safeguard TCEs.
How are traditional cultural expressions (TCEs) defined, and what examples exist?
Definition: TCEs are elements of traditional artistic heritage that represent the identity of a community.
Examples:
Verbal: Folk tales, poetry, riddles.
Musical: Folk songs, instrumental music.
Performative: Folk dances, plays, rituals.
Tangible: Art, crafts, musical instruments, architectural forms.
Tangible & Intangible: Many TCEs combine both, e.g., African-American quilts (tangible) and the music/dance of Mardi Gras (intangible).
What was the main outcome of the 1967 Stockholm Diplomatic Conference regarding the protection of folklore under the Berne Convention?
The 1967 Stockholm Diplomatic Conference aimed to introduce copyright protection for folklore at the international level. It included Article 15(4), which provided a framework for the protection of unpublished works, including folklore, where the author’s identity is unknown. India was the only country to designate a competent authority for such protection.
What is the significance of the Tunis Model Law on Copyright for Developing Countries?
The Tunis Model Law, adopted in 1976, was created to help developing countries comply with the Berne Convention’s copyright rules. It provides specific protection for works of national folklore, which do not need to be fixed in material form and are protected indefinitely.
What were the key findings of the WIPO fact-finding missions regarding the intellectual property needs of Indigenous and traditional communities?
WIPO’s fact-finding missions (1998-1999) identified several needs of Indigenous and traditional communities, including intellectual property protection for economic development, preventing unwanted use of cultural heritage, and blocking third-party intellectual property rights over traditional cultural expressions (TCEs). Communities often seek both positive and defensive protection strategies.
How do several states provide legal protection for Traditional Cultural Expressions (TCEs)?
Several states offer legal protection for Traditional Cultural Expressions (TCEs), often within national copyright laws.
Some countries treat TCEs as a form of copyright work, applying traditional copyright rules.
Other countries, like Panama and the Philippines, have created distinct sui generis legislation for TCEs, offering collective and perpetual protection.
