DL Copyright

Question 1

copyright

Answer 1

the right that a copyright owner has and how it can be used for commercial advantage.

Question 2

copyright

Answer 2

is concerned with protecting the work of the human intellect. the domain of copyright is the protection of literary and artistic works.

Question 3

When copyright protects works?

Answer 3

that is the expression of thoughts, and not ideas.

Question 4

Such as

Answer 4

the expression “such as “ opens the door to creations other than the ones set out in the list. In some jurisdiction there can be provided protection for:

• private letters
• haircut
• floral decoration of a bridge
• a son -et - lumiere show
• examination papers.

Question 5

derivative works

Answer 5

these are works that are derived from other, existing sources. examples:

• translations of works into a different language
• adaptations of works, such as making a film scenario based on a novel
• arrangements of music, such as an orchestra version of a musical composition initially written for piano
• other alterations of works, for example an abridgment of a novel
• compilations of literary and artistic works, such as encyclopedias and anthologies.

Question 6

embarking in a derivative work

Answer 6

Making the
translation without proper authorization would expose the translator to the risk of
being sued for copyright violation.

Question 7

What sort of things can be protected by copyright

laws?

Answer 7

The key to this expression in fact is the

word “works”. - human expression

Question 8

exception

Answer 8

Computer programs
Multimedia productions

there is a consensus that
the original combination of sound, text and images in a digital format,
which is made accessible by a computer program, embodies an
expression of authorship sufficient to justify the protection of multimedia
productions under the umbrella of copyright.

Question 9

What are the Rights Protected by Copyright?

Answer 9

the owner may use it exclusively, as she/he
wishes, and that nobody else can lawfully use it without the owner’s
authorization.

The owner of copyright in a protected work may use
the work as he wishes, and may prevent others from using it without his
authorization. Thus, the rights granted under national laws to the owner of
copyright in a protected work are normally “exclusive rights”: to use the
work or to authorize others to use the work, subject to the legally
recognized rights and interests of others.

Question 10

there are two types of rights which allow to take a certain actions to preserve the personal link between himself and the work.

Answer 10

• Economic rights

- Moral rights

Question 11

Right of reproduction

Answer 11

cover the printing of books and photocopying, tape recording and copying o f tape recordings.

• the storage of works in computer memories
• and copying of computer programs on diskettes, CD-Roms, CD writeable ROMS and so on.

Question 12

What are the five exclusive rights of the copyright owner?

Answer 12

• the right to reproduce the copyrighted work.
• the right to prepare derivative works based upon the work.
• the right to distribute copies of the work to the public.
• the right to perform the copyrighted work publicly.
• the right to display the copyrighted work publicly.

Question 13

What are the economic right of copyright holder?

Answer 13

Copyrights as an Economic Right. Copyrights can be divided into “copyrights that are economic rights” which protect the economic value of a copyright work, and “moral rights” which protect the moral interests of the author.

Question 14

What is the exclusive right?

Answer 14

In Anglo-Saxon law, an exclusive right, or exclusivity, is a de facto, non-tangible prerogative existing in law (that is, the power or, in a wider sense, right) to perform an action or acquire a benefit and to permit or deny others the right to perform the same action or to acquire the same benefit.

Question 15

What is a moral right?

Answer 15

Moral rights are rights of creators of copyrighted works generally recognized in civil law jurisdictions and, to a lesser extent, in some common law jurisdictions. They include the right of attribution, the right to have a work published anonymously or pseudonymously, and the right to the integrity of the work.

Question 16

right of performance

Answer 16

You
perform a work when you play a tune, for example, or when you act on
stage,

Question 17

right of broadcasting and right of communication

Answer 17

broadcasting may actually form part of communication to the
public, or they may be linked parallel concepts, but typically all kinds of
communication will be covered, broadcasting being one, but cable
distribution could be another, and Internet distribution another again.

Question 18

The right of reproduction –

Answer 18

examples of this right were the right to authorize photocopies, printed copies or copies of cassettes.

Question 19

The rights related to performance, etc

Answer 19

examples here were the
right to perform the work e.g. as a song and the rights to
communicate the work to the public and to broadcast it.

Question 20

Exploitation

Answer 20

Therefore, the right to control the act of reproduction is the legal basis for many
forms of exploitation of protected works.

Question 21

distribution

Answer 21

some laws include a right to authorize distribution
of copies of works; obviously, the right of reproduction would be of little economic
value if the owner of copyright could not authorize the distribution of the copies
made with his consent. The right of distribution is usually subject to exhaustion
upon first sale or other transfer of ownership of a copy, which is made with the
authorization of the rights owner. This means that, after the copyright owner has
sold or otherwise transferred ownership of a particular copy of a work, the owner
of that copy may dispose of it without the copyright owner’s further permission, by
giving it away or even by reselling it

Question 22

right to control importation

Answer 22

some copyright laws include a right to
control importation of copies as a means of preventing erosion of the principle of
territoriality of copyright; that is, the economic interests of the copyright owner
would be endangered if he could not exercise the rights of reproduction and
distribution on a territorial basis.

Question 23

“limitations” on rights

Answer 23

There are some acts of reproducing a work which are exceptions to the
general rule, because they do not require the authorization of the author or other
owner of rights. For example, many
national laws traditionally allow individuals to make single copies of works for
private, personal and non-commercial purposes. The emergence of digital
technology, which creates the possibility of making high-quality, unauthorized
copies of works that are virtually indistinguishable from the source has called into question the continued justification for such a limitation on
the right of reproduction.

Question 24

Rights of Public Performance, Broadcasting and

Communication to the Public

Answer 24

Normally under national law, a public performance is considered as any
performance of a work at a place where the public is or can be present, or at a
place not open to the public, but where a substantial number of persons
outside the normal circle of a family and its closest social acquaintances is
present.

Question 25

“publicly performed”

Answer 25

On the basis of the right of public performance, the author or other owner of
copyright may authorize live performances of a work, such as the presentation of
a play in a theater or an orchestra performance of a symphony in a concert hall.

Question 26

The right of broadcasting

Answer 26

covers the emission by wireless means for
members of the public within range of the signal, whose equipment allows
reception of sounds or of images and sounds, whether by radio, television, or
satellite.

Question 27

communicated to the public

Answer 27

a signal is diffused by wire
or cable, which can be received only by persons who have access to equipment
connected to the wire or cable system.

Question 28

Rights of owner

Answer 28

Under the Berne Convention, owners of copyright have the exclusive right
of authorizing public performance, broadcasting and communication to the public
of their works. Under some national laws, the exclusive right of the author or
other owner of rights to authorize broadcasting is replaced, in certain
circumstances, by a right to equitable remuneration, although such a limitation on
the broadcasting right is less and less common.

Question 29

Rights of Translation and Adaptation

Answer 29

The acts of translating or adapting a work protected by copyright also
require the authorization of the owner of rights.

Question 30

Adaptation

Answer 30

is generally understood as the modification of a work to create
another work, for example adapting a novel to make a motion picture, or the
modification of a work to make it suitable for different conditions of exploitation,
e.g., by adapting an instructional textbook originally prepared for higher
education into an instructional textbook intended for students at a lower level.

Question 31

Economic and moral rights under translation and adaptation

Answer 31

Economic rights of the type mentioned above can be transferred or
assigned to other owners usually for a sum of money or royalties depending on
the proposed usage of the work. However, the second type of rights, moral
rights, can never be transferred. They always remain with the original author of
the work.

Question 32

what exactly are moral rights?

Answer 32

• the right of authorship ( the right to claim the status of author of a work and to have that authorship recognized.)
  basically the right to have your name mentioned, when the work reproduced.

Question 33

The different form of the compensation?

Answer 33

• lump sum payments

- royalties based on a percentage of revenues generated by the work

Question 34

the author what kind of rights can sell to publisher ?

Answer 34

• distribution rights
• translation rights
• adaptation rights

(author may decide to split rights between different persons)

Thus the author of a novel may assign or transfer his rights to publish and reproduce the novel written originally in English to one publisher. He may assign the right to translate the novel into, say, French, Russian and Arabic to three other publishers. In addition he may assign the right to adapt his novel into a film (or an opera or a play) to other persons.

Question 35

What is the period of time author can transfer or assignment his rights?

Answer 35

The transfer or assignment may be granted for a specific period of time and a limited territory, or for the duration of the full term of copyright and worldwide. Hence the copyright owner of a novel could assign to one publisher the rights to publish the book in English, for a specific territory, say, the United States of America, and for a period of 20 years. Or he may decide to assign to the same person the rights to publish the novel in English worldwide, and for the duration of copyright. The combinations here are many and depend on the negotiations between the parties

Question 36

I have copyright on a work, for how long am I protected?

Answer 36

In principle, as long as the national law says, but the minimum requirement under the Berne Convention is 50 years. The term is calculated from the end of year of the author’s death which is more practical: you don’t have to enquire into the day he died, you only need to know the year. EU and US 70 years

Photographic works and works applied art, the minimum term of protection is 25 years after the making of the work.

Question 37

Limitations on Rights

Answer 37

• exclusion from copyright protection of certain categories of works. (if they not fixed in tangible form; e.g choreography - recorded on videotape.)
• the rights of authors concerns particular acts fo explotation:
  1) Free uses, which are acts of exploitation of works that may be carried out without authorization and without an obligation to compensate the owner of rights for the use;
  2) Non-voluntary licenses, under which the acts of exploitation may be carried out without authorization, but with the obligation to compensate the owner of rights.

Question 38

Example of free uses

Answer 38

the making of quotations from a protected work, provided that the source of the quotation, including 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.

Question 39

What is fair use or fair dealing ?

Answer 39

air use or fair dealing, which allows use of works without the authorization of the owner of rights, taking into account factors such as the following: 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.

Question 40

non-voluntary licenses

Answer 40

Allow use of works in certain circumstances without the authorization of the owner of rights, but which, by operation of law, require that compensation be paid in respect of the use.

Question 41

Two forms of the non-voluntary licenses?

Answer 41

• first to allow the mechanical reproduction of musical works and secondly for broadcasting.

It should be noted, however, that the justification for non-voluntary licenses is called increasingly into question, since effective alternatives now exist for making works available to the public based on authorizations given by the owners of rights, including in the form of collective administration of rights.

Question 42

Enforcement of Rights

Answer 42

• conservatory or provisional measures;
• civil remedies;
• criminal sanctions;
• measures to be taken at the border;
• and measures, remedies and sanctions against abuses in respect of technical devices.

Question 43

what two purposes has a conservatory or provisional measures

Answer 43

1) prevent infringements from occurring, particularly to prevent the entry of infringing goods into the channels of commerce, including entry of imported goods after clearance by customs;
2) to preserve relevant evidence in regard to an alleged infringement

Thus, judicial authorities in some countries may have the authority to order that provisional measures be carried out without advance notice to the alleged infringer. In this way, the alleged infringer is prevented from relocating the suspected infringing materials to avoid detection.

The most common provisional measure is a search of the premises of the alleged infringer and seizure of suspected infringing goods, the equipment used to manufacture them, and all relevant documents and other records of the alleged infringing business activities.

Question 44

Civil remedies

Answer 44

compensate the owner of rights for economical injury suffered because os the infringement.. the form: monetary damages and create an effective deterrent to further infringement, often in the form of a judicial order to destroy the infringing goods and the materials and implements which have been predominantly used for producing them; where there is a danger that infringing acts may be continued, the court may also issue injunctions against such acts, failure to comply with which would subject the infringer to payment of a fine.

Question 45

Criminal sanctions

Answer 45

Criminal sanctions are intended to punish those who willfully commit acts of piracy of copyright and related rights on a commercial scale, and, as in the case of civil remedies, to deter further infringement. The purpose of punishment is served by the imposition of substantial fines, and by sentences of imprisonment consistent with the level of penalties applied for crimes of corresponding seriousness, particularly in cases of repeat offenses. The purpose of deterrence is served by orders for the seizure, forfeiture and destruction of infringing goods, as well as the materials and implements the predominant use of which has been to commit the offense.

Question 46

Measures to be taken at the border

Answer 46

action by the customs authorities. Border measures allow the owner of rights to request from customs authorities the suspension into circulation of goods that are suspected of infringing copyright. The purpose of the suspension into circulation is to provide the owner of rights a reasonable time to commence judicial proceedings against the suspected infringer, without the risk that the alleged infringing goods will disappear into circulation following customs clearance. The owner of rights must generally satisfy the customs authorities that there is prima facie evidence of infringement, must provide a detailed description of the goods so that they may be recognized, and must provide a security to indemnify the importer, the owner of the goods, and the customs authorities in case the goods turn out to be non-infringing.

Question 47

measures, remedies and sanctions against abuses in respect of technical means.

Answer 47

In certain cases, the only practical means of preventing copying is through so-called “copy- protection” or “copy-management” systems, which contain technical devices that either prevent entirely the making of copies or make the quality of the copies so poor that they are unusable. Technical devices are also used to prevent the reception of encrypted commercial television programs except with use of decoders. However, it is technically possible to manufacture devices by means of which copy-protection and copy-management systems, as well as encryption systems, may be circumvented. The theory behind provisions against abuse of such devices is that their manufacture, importation and distribution should be considered infringements of copyright to be sanctioned in ways similar to other violations.

Question 48

What are the main international conventions or treaties that govern the area of copyright?

Answer 48

• Bern Convention (
  The Berne Convention deals with the protection of copyright. It is based on principles such as that of national treatment, meaning that under national law you cannot discriminate against works from other countries party to the Convention. It lays down very important minimum protection standards that have to be met by national law, although of course national law can go further – and establishes various other principles.)
• TRIPS Agreement (The TRIPS Agreement among other things contains a reference to the substantive provisions of the Berne Convention, leaving aside moral rights, which are not considered trade-related. In order to comply with the TRIPS Agreement, countries have to comply with the provisions of the Berne Convention for a start, after which there are a number of additional norms of protection that are introduced by the TRIPS Agreement, most importantly regarding new types of creations (computer programs and original databases) and new forms of exploitation (right of rental).)
• he WIPO Copyright Treaty (WCT) The WCT came into existence because the Contracting States recognized the need to provide adequate solutions to the questions raised by new economic, social, cultural and technological developments. This refers in particular to the need of protection of literary and artistic works transmitted via the Internet. Works specifically mentioned by the WCT include computer programs and databases. The WCT extends the scope of copyright protection to expressions and not to ideas, procedures, methods of operation or mathematical concepts as such. Authors of works covered by the WCT also enjoy the rights of distribution, rights of rental and rights of communication to the public.

Question 49

What benefits are there for developing countries from copyright protection?

Answer 49

• Cultural

- Economic

Question 50

Summary

Answer 50

The Berne Convention expansively listed ‘literary and artistic works’ so that “every production in the literary, scientific and artistic domain, whatever may be the mode or form of expression”, were included. Covered under this broad term is every original work of authorship, irrespective of its literary or artistic merit.
The owner of copyright in a protected work may use the work as he wishes, and may prevent others from using it without his authorization. Thus, since the holder may exclude others from acting against the holder’s interests, these rights are referred to as “exclusive rights”. There are two other types of rights covered under copyright: economic rights and moral rights. Within the umbrella of economic rights are those several rights and applicable limitations, which may be alienable from the original holder. Moral rights will always remain with the original holder no matter whether the economic rights have been transferred.
In addition to the categories of works mentioned above, a new genre of work to be covered under copyright has emerged. This is multimedia production and although there is no legal definition, there is a consensus that the combination of sound, text, and images in digital format, which is made accessible by a computer program is considered an original expression of authorship and is therefore covered under the umbrella of copyright.