Copyright 2024 Flashcards
State 4 basic principles on Copyright
A copyright is a legal protection given to original works of authorship that ensures creators have control over how their work is used
Form of expression: Copyright protects the way you express your ideas, not the ideas themselves
1)
Copyright as the right to literary and artistic works.
These are original intellectual creations in the literary and artistic domain.
It is protected from moment of their creation.
2)
Rights over copyright are conferred from the moment of creation
3)
Registration is not required
4)
With regard to the authors, copyright shall last during his lifetime and 50 years after his death
What are the non-copyrightable works
FIC
Not protected by copyright:
Ideas & Plans: Brainstorming, inventions, business processes (how you do something).
Facts & Figures: Historical dates, scientific discoveries, mathematical equations., news of the day, Legislative or Administrative text
Common Things: Tasks, gestures, everyday concepts (like gravity).
Remember, the way you express these ideas can be copyrighted (books, articles, videos).
What are the rights of a Copyright owner?
Copyright owner has exclusive right to carry out, authorize or prevent the following acts:
Copyright Catchphrase: PRADO
Reproduction: The copyright owner has the exclusive right to make copies of the work (think making photocopies of a book).
Original Works: The right to create derivative works based on the original work (like making a movie based on a book).
Adaptation: The right to translate the work into another language or format (like translating a song into another language).
Distribution: The right to control how the work is distributed to the public (like selling copies of a book).
Public Performance: The right to control public performances of the work (like playing a song in a restaurant).
Copyright Ownership - State the rules
a) As to Literary and Artistic works - copyright belongs to the Author of the work
b) in case of Joint-Authorship - apply their agreement, if none, apply co-ownership
c) Work is created by Author during his Employment:
- C belongs to Employee if the creation was not part of his regular duties even if author used facilities and time of employer
- C belongs to Employer if the work is a result of his regular duties
d) in case of a work Commissioned by another person:
- sponsor of commission owns the work but the copyright remains with the creator Except if there is a stipulation to the contrary
e) in case of audiovisual work, copyright shall belong to the producer, the author of the scenario, the composer of the music, the film director, and the author of the work. This is may be subject to Stipulations
f) in respect of letters, copyright belongs to the writer
Discuss copyright of Audiovisual work
a) Film based on a novel
b) Music video with original song and stock footage
c) Documentary with interviews and 3p footage
Default Ownership (in the absence of an agreement):
The copyright for an audiovisual work belongs to several parties, subject to stipulations by the creators:
Producer:
The producer, who finances and coordinates the creation of the work, generally has the first right to exercise the copyright for exhibition purposes.
Authors:
This can include the author of the scenario, composer of the music, film director, and the author of any work adapted into the audiovisual form (like a novel being adapted into a movie). Each author owns the copyright in their specific contribution.
Discuss the Fair Use doctrine
… Limited and Transformative use … w/o Permission
4factors
fair use is a legal doctrine that allows for limited, transformative use of copyrighted material without permission.
It helps strike a balance between protecting creators’ rights and fostering creativity and public discourse
Judges consider four factors to determine if your use falls under fair use:
1) Purpose and Character of Use: Non-profit educational uses are generally favoured over commercial uses.
2) Nature of the Copyrighted Work: Using a factual piece like a news article is more likely to be fair use than using a creative work like a song.
3) Amount and Substantiality of the Portion Used: Taking a small, unimportant part is more likely to be fair use than taking the heart of the work.
4) Effect of the Use on the Market: If your use harms the potential market for the original work, it weakens your fair use claim.
NOTE: No single factor is decisive but the more transformation exists, the stronger the claim for fair use exists
Discuss Copyright infringement; Remedies of copyright owner
Copyright infringement is using someone else’s protected creative work without permission.
Remedies of C owner against infringer
1) Action for injunction to restrain infringement ( Court may prevent the Entry into Commerce )
2) Claim actual damages, including legal & other expenses incurred due to infringement
3) Impound all articles involved in the infringement
4) Destruction of materials used for infringement as the court may order
5) Claim Moral and Exemplary damages
Discuss
