cri final Flashcards
what is the legal concept of property?
people (subjects of the legal relationships) + things (the objects of legal relationships. both real and intellectual)
is the meaning of property finite?
no. it is constantly changing alongside our changing society
3 basic legal concepts
property, copyright, legal foundations
is copyright the same as patents or trademarks?
NO
how long does copyright last?
the life of the author plus 70 years. then it enters the public domain
what is copyright used for?
creative works
underlying historical theories for copyright (3)
- rights based theory- based on natural law (John Locke)
- Utilitarianism - decisions are made based on the total amount of happiness produced for all.
- Economic analysis- free-market will guide the creation of intellectual goods, without market incentive goods will be underproduced
what is copyright literally
the right to copy or reproduce a work in whole or part
what is the idea-expression dichotomy
an expression has to be fixed in some tangible form (expectations for performers). cannot copyright facts or ideas
economic rights in copyright
-rights that you can exchange rights for economic value - can trade, license, or sell them
what are sole rights?
copyright is your sole right. it gives the author a limited term to have economic control their works
moral rights (non-economic) (3)
- right of integrity
- right of attribution
- right of association
general term limits rule
author’s life plus 70 years
benefits of copyright registration (6)
- protects work
- legal evidence
- public record
- economic benefit
- work modification
- transfer of rights
what are the authors primary rights? (3)
- economic rights
- moral rights
- term limits
reproduction right (S.3)
grants the sole right to reproduce the work or any substantial part thereof
authorization right (S.3)
author has the sole right to authorize any of the enumerated rights in the section
Fair dealing categories (8)
- research
- private study
- education
- parody
- satire
- criticism
- review
- news reporting
What are included in music rights? (4)
- publishing rights
- mechanical rights (reproduction of underlying musical composition)
- performer’s performance rights
- sound recording rights
what are TCEs
traditional cultural expressions (dance, art, designs, etc) - anything that is cultural expression
what do copyright collectives do?
deal with the confusing details regarding the use and reuse of music
Song covers and copyright
you own the mechanical rights to reproduce a song
what is DRM
Digital Rights Management
why is DRM important
can protect your online libraries (music and movies) from copyright infringement, but they are susceptible to overreach
How to prevent DRM overreach
digital locks - turns traditionally freely accessible works into private goods (ex: E-books)
what is copyright?
an asset that either belongs to you or someone else
copyright ownership interests (6)
- first author is the owner
- licensing
- assignment
- employment
- no moral rights - can only be waived
- contracts can trump statutory rights
what does licensing mean?
when IP is exchanged for payment
issues for journalists
ownership - journalists are not able to control the use of their work during their employment
Why is the public domain important? (4)
- access to lots of works
- important for innovation and culture
- public goods serve the broader public in general
- provides creators with a database of works from which to use freely
What is the International Regulation of Copyright concerned with? (3)
- preventing powerful parties from influencing rulemaking for private interests at the expense of human rights
- states should adopt their own copyright laws but stay within the boundaries set by int. treaties
- int. human rights instruments aim to protect human authors, not corporate owners
is authorship transferrable?
no. it is about protecting the right of authorship as a human creative
does Canada recognize Artist Resale Rights (AAR)
no
photography and copyright (2)
- photographers are allowed to take and publish photographs of buildings, sculptures, and other permanent works in public spaces without infringing on copyright
- photographing people in public is allowed, but the use of their photos is subject to privacy rights
what is the right of integrity
if the use of the work damages the authors reputation
what is the right of attribution
when the author is not properly credited
what is the right of association
when the work is associated with something the author does not approve of
